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09/18/2003 CITY COMMISSION MEETING 09/18/03 NOTE: 09/15/03 PRELIMINARY (WS) AGENDA & PAPERWORK THAT WAS IN PACKET INITIALLY BUT THEN ~ NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA IS AT THE BACK OF THIS AGENDA PACK. n I ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, September 18, 2003 - 6:00 P.M. - Commission Chambers 1 - Invocation - Father James Rousakis, Holy Trinity Greek Orthodox Church. 2 - Pledqe of Alleqiance - Mayor. 3 - Service Awards - One given. 4 - Introductions, Awards, and Presentations - Given. a) 2003 Legislative Wrap-up -Representative Gus Bilirakis 5 - Approval of Minutes - 9/04/03 ACTION: Approved as Submitted. 6 - Citizens to be heard re items not on the Aqenda John Wiser recommended using a PST A grant for Jasmine Court bus shelters, and reviewed upgrades to Countryside, including volunteers planting new landscaping at the library. Rev. Flovd opposed removing a feeding tube from a comatose patient. PUBLIC HEARINGS 7 - FY 2003/04 Budqet ACTION: Approved. a) Second Reading Ord. 7187-03 - setting a final millage rate of 5.753 mills for Fiscal Year 2003/04 levied against non-exempt real and personal property within the City. (BU) ACTION: Ordinance adopted. b) Second Reading Ord. 7188-03 - Annual Operating Ordinance which establishes the City of Clearwater Annual Operating Budget for the 2003/04 Fiscal Year. (BU) ACTION: Ordinance adopted. c) Second Reading Ord. 7189-03 - Capital Improvement Ordinance establishing the FY 2003/04 budget and six-year plan for the Capital Improvement Program (CIP) (BU) ACTION: Ordinance adopted. 8 - Public Hearinq - Declare as surplus for the purpose of qrantinq a perpetual Utility Distribution Easement to Proqress Enerqy Corporation ("Grantee") a 10-foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion Sec. 7-29-16. (PW) ACTION: Approved. 9 - Public Hearing - Declare as surplus Lot 37, Blk D. Greenwood Park #2, and offer for sale by invitation for Bid No. 32-03 for residential development at the minimum bid amount of $10,500. subject to special qualifying criteria (PW) ACTION: Approved. 10 - Public Hearinq and First Readinq Ords. 7173-03. 7174-03 and 7175-03 - Annexation. Land Use Plan Amendment from County Residential Low (RU to City Residential Low (RL) and Zonlna Atlas Amendment from County R-3. Sinqle-Family Residential District, to City Low Medium Density Residential (LMDR) for property located at 1420 Lime Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013 ACTION: Approved. Ordinances passed 1st reading. Commission Action Agenda 2003-09-18 1 Public Hearing - Second Reading Ordinances 11 - Ord. 7106-03 - Approve amendments to the Community Development Code as relatinq to Comprehensive Infill Redevelopment Proiects, signage, length of time for Level One (Flexible Standard) and Level Two (Flexible Development) development reviews, clarifies the effect of Level One (Flexible Standard) and Level Two (Flexible Development) approvals, expands minor amendment provisions regarding changes to Level Two development approvals, increases the number of times and under what circumstances Level One (Flexible Standard Development) and Level Two (Flexible Development) approvals can be extended and adds a definition for adopt-a-park signs. (PLD) ACTION: Ordinance adopted. 12 - Ord. 7153-03 - Approve the Clearwater Downtown Redevelopment Plan. (PLD) ACTION: Ordinance adopted as amended. 13 - Ord. 7001-03 - land Use Plan Amendment to Residential Hiqh (RH) for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD) ACTION: Ordinance adopted. 14 - Ord. 7002-03 - RezoninQ to Medium HiQh Densitv Residential (MHDR) for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD) ACTION: Ordinance adopted. 15 - Ord. 7056-03 - land Use Plan Amendment to Residential Medium (RM) for property at 209-229 Windward PassaQe (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD) ACTION: Ordinance adopted. 16 - Ord. 7057-03 -RezoninQ to Medium HiQh Density Residential/Island Estates NeiQhborhood Conservation Overlay District (MHDR/IENCOD) for property at 209-229 Windward PassaQe (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD) ACTION: Ordinance adopted. 17 - Ord 7088-03 -land Use Plan Amendment to Residential HiQh (RH) for oroperty located at 202 Windward PassaQe (Island Estates of Clearwater Unit 5, Block 0, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11011 (PLD) ACTION: Ordinance adopted. 4:1 (J) 18 - Ord 7089-03 - Zonlna Atlas Amendment to Hiah Density Residential (HDR) for prooertv located at 202 Windward PassaQe (Island Estates of Clearwater Unit 5, Block 0, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11 011 (PlD) ACTION: Ordinance adopted. 4:1 (J) CITY MANAGER REPORTS Commission Action Agenda 2003-09-18 2 CONSENT AGENDA (Items #19-32) - Approved as submitted less Item #27 19 - Approval of Purchases per Purchasinq Memorandum: a) Library materials, books and publications during the contract period: October 1, 2003 through September 30,2004, for $151,000.00 from Book Wholesaler. Lexington. KY. b) Library materials, books and publications during the contract period: October 1, 2003 through September 30,2004, for $226,000.00 from Ingram Library Services, Lavergne, TN. c) Disposal of refuse during the period: October 1, 2003 through September 30, 2004, for $2,265,000 and $2,585,000 from Pinellas County Solid Waste Management Department d) Installation of gas mains and service lines during the period: October 1, 2003 through September 30,2004, for $850,000.00 from Mastec North America, Inc., Tampa, FL e) Latent fingerprint and crime scene services including evidence and property storage during the contract period: October 1, 2003 through September 30,2004 for $490,084.33 from Board of County Commissioners, Clearwater, FL. 20 - Approve the purchase of Droperty, casualty. Iiabilitv. workers' compensation. emeraency medical services (EMS). fuel tank. and flood insurance coveraQe for Fiscal Year 2003/2004 in an amount not to exceed $1,962,020. (FN) 21 - Authority to pay UP to $70,000 for incurred and anticipated expenses and anticipated claims related to a sewer backup at the Holt Avenue Youth Center Building. (FN) 22 - Approve a contract with Ross Systems and authorize payment to Ross Systems in an amount not to exceed $720.000 for the purchase and implementation of a new financial system and approve a transfer of $500,000 of unrestricted retained earnings of the Central Insurance Fund to project 315-94809. (FN) 23 - Approve a one-year fundinq aQreement. in the amount of $291,240 between Jollev Trolley Transportation of Clearwater. Inc.. and the City of Clearwater for the operation of transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater Beach to Downtown Clearwater. (PR) 24 - Approve a five-year aoreement from October 1. 2003 - September 30, 2008 , between the City of Clearwater and the Mount Carmel Community Development Corporation of Clearwater. Inc., for the use and supervision of the Kings Highway Center. (PR) 25 - Award a contract in the amount of $109,898.86 to OGG TASER. Jacksonville, FL for the purchase of one hundred fifty (150) M26 Tasers. (PO) 26 - Approve acceptance of arant fundina in the amount of $30.822 from the State of Florida, Office of the Attornev General, FY 2003/04 Victims of Crime Act (VOCA) Grant Proqram. (PD) 27 - Approve a transfer of $300.000 from the 2003 debt service account into a special prolect account established to fund a downtown team of one Sergeant and five Officer positions. (PO) APPROVED 28 - Approve an aqreement between the City of Clearwater and the School Board of Pinellas County, Florida providinQ for the continuation of the School Resource Officer Droaram at Clearwater High School and Countryside High School for 3 years commencing August 17, 2003, through July 31,2006. (PO) 29 - Award a contract for parklna attendant services at the Pier 60 and South Gulfvlew parking lots for the period 10/01/03 - 09/30/06 to Standard Parking Corporation, Tampa, FL, at a cost of $1,235,004 per the final evaluation of the Request for Proposal #33-03 in accordance with the specifications. (PW) 30 - Approve the Cooperative Fundina Aqreement between the Southwest Florida Water Manaaement District (SWFWMD) and the City of Clearwater for fundinq the AlIlaator Creek Implementation Proiects, Phase \I in the amount of $1,000,000. (PW) 31 - Approve a work order with Parsons. an Enqineer of Record. for construction enoineerina and inspection for the Kapok Wetland and FloodDlaln Restoration Proiect in the amount of $599,547. (PW) Commission Action Agenda 2003-09-18 3 32 - AlIthorlze settlement of Udoh v. City of Clearwater, an emplovment discrimination case, in 1110 ull10unt of $65,000. (CA) OTHER ITEMS ON CITY MANAGER REPORT 33 - 6uproyo 0" amendment to the City Commission land development policv relating to fruoutllmllno signs. landscaping, walls and monuments service subdivisions. (PLD) 8C.I10~: Approved. ~~_:-':tr.u1J3iJL,dlng Ords. 7171-03 and 7172-03 amendinQ the City's Annual Operatino and Q.LUJllttlJJ.1]proyomont Proaram (CIP) BudQets for FY 2002/03. (BU) l\CTION: Approved. Ordinances passed 1st reading. aU,~.EllUUltUlQIIlO Ord, 7190-03 - Amend Chapter 2, Article III. Division 3, Code of Ordinances lDJJ.tYJIUJ..Jioctloll 2,104. Powers and Duties of the Beautification Committee for the COl11lllltltto'fJ rovlow of selected City projects. (PR) 6CTJQN: Approved. Ordinance passed 1st reading. ~.o . t\<ioJJl t30lJollltlon #03-28 and approve and accept an Interlocal AQreementlFranchise YiJlh.1hl Cftv of U911Qalr Beach in order to provide natural gas service to the citizens of Belleair BOllcll. (CaS) ~CJIQ~: Approved. Rosolutlon adopted. 37 . Roo. II 03.35 C1l~thorl~lna the refundlnQ of the outstandinQ Water and Sewer Bonds, Sorloo 1003. (FN) ACIIQ~: Approved. Resolution adopted. ~6 . Flr8t roodlno Ord. /I 7191-03 providino for the refundinQ of the Gas Revenue Bonds, Series 1996A, (FN) ACTION: Approved. Ordinance passed 1st reading. 39 . Adoot Res, # 03-32 expressinQ the City's intention to be reimbursed from the proceeds of a tax-eKemDt flnanclna for certain capital expenditures. (FN) ACTION: Approved. Resolution adopted. 40 - First Readlnq Ord. 7170-03 establishinq a Sister Cities Advisory Board. (ORLS) ACTION: Approved. Ordinance passed 1st reading. 41 - Approve the Beach Walk Deslan concept as proposed by the City's consultants and City Manaaement and Staff, (PW) ACTION: Approved 4:1 (HH) Beach Walk design concept with direction to proceed with Alternate .2 for parallel parking on Coronado Avenue, keep status quo for Coronado Avenue parking until construction begins but owners to cease towing vehicles and charging for parking on public right-of-way, and constructing parking garage by Adams Mark Hotel IS list resort. 42 - Approve the MarkoDoulos Drolect term sheet and provide direction reQardina the proposal of a "one wav" south for South Gulfview contiguous to the Markopoulos property. (ED/HSG) ACTION: "0ne-way" request for South Gulfvlew withdrawn. Consensus to move forward. Commission Action Agenda 2003-09-18 4 43 - First Readina Ord. 7212-03 - relatinq to municipal elections amending Sec. 14.41(2) relating to filing fees, Sec. 14.41 (7) relating to qualifying periods, Sec. 14.42(1 )(d) relating to compliance with laws, Sec. 14.44( 1) relating to write-in candidates. ACTION: Approved. Ordinance passed 1st reading. 44 - IAFF Union Neqotiations Update - Given. 45 - Other Pendina Matters - None. CITY A TIORNEY REPORTS 46 - Other City Attorney Items ACTION: Scheduled Attorney/Client session re National Advertising Co, v. City on 10/2/03 at 4:30 p.m. 47 - City Manaaer Verbal Reports City Manager thanked Commission for cooperation and help during budget process. 48 - Commission Discussion Items a) City Manager and City Attorney Evaluations ACTION: Direction for staff to provide Commission with forms used last year and schedule verbal comments on 10/16/03. b) Set December 2003 meetings on December 4 & 18, 2003, Work Sessions on December 1 & 15, 2003, and Set January 2004 meeting on January 15, 2004 with Work Session on January 12, 2004. ACTION: Approved. c) Receiving Charter Review Report ACTION: Dfrectlon for Charter Review Committee to provide report to Commission on 10/13/03 and schedule a public hearing on 10/16/03. d) FLC - Legislative Conference ACTION: Consensus to cover costs obligated during 2003 budget. 49 - Other Commission Action Hamilton reported he and Jonson had overspent their travel budgets and requested reimbursement for travel costs related to a FLC Legislative Policy Committee meeting they had attended. ACTION: Approved. Hibbard reported he had attended a Leadership Conference for the American Cancer Society on 9/13/03 and encouraged sponsors for the 4/2104 Relay for Life event. He is the chair. Hibbard thanked staff for their great efforts at organizing the Citizens Academy, which heightens resident awareness. Commission Action Agenda 2003-09-18 5 Hibbard reported the Clearwater Marine Aquarium is closed for a week for cleanup and improvements. He encouraged residents to support the facility, which expects a new executive director will be in place soon. AunQst said Mr. Wiser is unfamiliar with the Commission's myriad of responsibilities. Gray encouraged residents to support the CHIP fundraiser on 10/11 at the Belleview Biltmore. Gray said the Library Foundation Capital Campaign is targeting businesses and encouraged their participation. Jonson reported cleanup of the Piney Point phosphate plant is not proceeding very quickly. A task force is reconvening to reconsider the issue. Jonson said he had attended a FLC Transportation & Urban Administration committee meeting. Discussion included the CRA and the Strategic Intermodal System project. He said cities need to be represented and appointed to participate in project discussions. He requested the City Manager review the issues. Jonson said at a legislative workshop, local cable companies were encouraged to broadcast the Florida channel. Aunast said Bright House is trying to get the County to air Florida legislative meetings on its channel. Channels are very costly. Jonson hoped the East coast is weathering Hurricane Isabelle and expressed regret the new Ross Norton Recreation Center was not designated as a shelter. The City Manager said the center will be constructed to withstand a Level 3 hurricane. Jonson noted concerns about the design of the Balk Development and said he is pleased staff is moving forward with urban design guidelines. Jonson said he had attended the Florida neighborhood conference and provided information on the Green Canopy Partnership. He reported other cities had complimented him on Clearwater's neighborhood services program. Hamilton responding to Mr. Wiser's criticism regarding the City Commission not being at the Countryside Library landscaping, said the City Commission has spent significant time preparing for this and other meetings. He decided to spend quality time with his family last weekend and to attend tonight's meeting, even though he had other family commitments. He said he is proud to serve. AunQst wished a Happy Birthday to Gray and Hamilton. Aunast reported the County has scheduled a public meeting at Countryside High School re the local option gas tax on 9/22/03 at 6:30 p.m. Aunast invited residents to attend the 14th Annual Taste of Clearwater at the Harborview Center on 9/23/03 from 5:00 to 8:00 p.m. 50 - Adiournment - 10:37 p.m. Commission Action Agenda 2003-09-18 6 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cyndie Goudeau, City Cler@ SUBJECT: Follow up from September 15, 2003 Work Session COPIES: William B. Horne, City Manager DATE: September 16, 2003 In response to questions raised at the September 15 Work Session, the following answers are provided in final agenda order: Item #26 - FY 2003/2004 Victims of Crime Act (VOCA) Grant Program - Information re number of people served during last year through the Victim's Assistance Program will be provided at a later date. Item #36 - Resolution 03-28, Interlocal Agreement/Gas Franchise with City of Belleair Beach is provided. Item #43 - First Reading, Ordinance 7212-03, Changes to Election is provided. Miscellaneous - Copy of presentation for Citizen Survey from worksession is provided. .; .. 1'1 0 0 v 0 0 0 0 0 0 0 0 0 N 0 OJ 0 a::> to (J) (J) LD r--. <.0 (J) (/) en OJ ::l OJ C'l ~ OJ Ol 0 (l) CU U ~ ro .... - ro "0 c 0 0 OJ OJ a.. ..c ..... "0 3 ...... c c c W 01 ..... C ~ OJ OJ OJ (5 0 OJ N ~ a. u .... OJ 0 OJ Z (l) ro > Cl cu U u <! - I U a.. - ...... 0 E I >- OJ - OJ OJ ..c a. u en U - ...... c ro E > ~ (f) ro OJ ~ ::l 0 OJ 0 0- OJ 0 <! 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Clearwater City Commission Agenda Cover Memorandum Work session Item #: 3 Final Agenda Item # Meeting Date: 9/15/03 9/18/03 SUBJECT/RECOMMEN DATION: SERVICE AWARDS o SUMMARY: and that the appropriate officials be authorized to execute same. The following employees be presented with service awards for their length of service in the employment of the City of Clearwater Reviewed by: Originating Cept: Legal Info Srvc - - Budget Public Works UsorCept. - - Purchasing DCM/ACM - - Risk Mgmt Other Attachments - - BACKGROUND: 5 Years William B. Horne II Marco D. Ortega Bernadette T. Weiers Lisa M. Murrin Anna P. Chaplinsky James K. Geary 10 Years George A. Elfter Eric L. Hannah John M. Murray Susan H. Burns 15 Years Randall L. Britt 25 Years Paul T. Cheney Robert N. Sebek Charles E. Watson Submitted by: City Manager --0- Printed on recycled paper 2/98 City Manager Parks & Recreation Library Engineering Development Services Customer Service 30 Years Thomas A. Bissonnette Howard L. Selig Mark F. Cairns Thomas W. Mulder Ezekiel Taylor Customer Service Parks & Recreation Fire Police Solid Waste Solid Waste Solid Waste Solid Waste Police Pu blic Utilities Engineering Pu blic Services Parks & Recreation Costs Total Current FY Funding Source: CI OP Other o None Appropriation Code: Rev. -Subject I Recommendation: A opt Ordinance 17187-03, Millage Ordinance, on of 5.753 mills for fiscal year 2003/04 levied property within the City. 2rd reading to set a final millage rate aga1nst non-exempt real and personal .:.1 '~l. ~ Glearwater I.' ::'.. - "."- - . Agenda Cover Memorandum Page 1 of2 [~L) 1-0- -. . City Commission Preferred Date: I 09-04-2003 .:1 Item 10: 134 Latest Possible Date: 109-04-2003 if Submitted: 108-01-2003 Actual Date: r 09 /1.8 /03 .:J - Summary: In accordance with the State of Florida's "Truth-in-Millage" (TRIM) Act and City Charter ~ it is necessary for the City Con~ission to adopt a final millage rate for the upcoming fiscal year. In June 2003 the City Manager presented a preliminary operating and capital improvement budget to the City Commission. This document recommended a millage rate of 5.753 mills be adopted to raise $36,992,700 of ad-valorem property taxes. This rate was approved as a tentative millage rate by the Commission at a July 17,2003 meeting. Ordinance 17187-03 is now presented in order that this tentative rate be adopted as the final rate for the fiscal year 2003/04. This rate is the same millage rate as adopted for the 2002/03 fiscal year. .:J Originating Department: Section: IAdministrative public hearings .=I .=:J Category: IOltler Number of Hard Copies attached: Public Hearing: Ives ~ Advertised Oates: 108-30-2003 - Review Approval: (Signature Indicates approval.) ITinn Vl/il"(I1l 08.21-~~OO~J 11:48: 15 IG,:.tny Brumback 08-21..2003 1:1:07: ICyndi(~ GOIJdl~(lll Oa-21-~!O()311 :57 Icynuie Goudeau 03-22-200:~ 09:30 [8;\l HornfJ (;3-22-200:1 1t\AD:4'J " ...... ....,... ._., ...........'"'.___...-..._~_.""_~......._'.A__.... ..~.... ._...._. __.,_......_.__.__......_"... _ ..._.....,_.....__.... ..__ ..._..'"...___.__....~... ,.,.. .._~..__.....,_.. ........" ~,'. ""_"" .,. .... ..... .... '" .~.__. 6Uk. ~C1. MILLAGE ORDINANCE Second Reading ORDINANCE NO. 7187-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, FOR OPERATION PURPOSES INCLUDING PENSIONS AND DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.753 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.753 MILLS CONSTITUTES A 7.39% INCREASE OVER THE ROLLED BACK RATE OF 5.3571 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2003, and ending September 30,2004, from ad valorem taxes is $36,992,700; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.753 mills are necessary to generate $36,992,700; 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 5.753 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2003. Section 2. The levy of 5.753 mills constitutes a 7.39% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2003. PASSED ON FIRST READING September 4. 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: .rut k4 Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7187-03 Cleanvater 76 Page 1 of2 r~G I b Agenda Cover Memorandum .~...: ....~:-._.:-.._. :-->.~ :'-. -" '.~ :......... ~-:.. ~.. '.;". City Commission Preferred Date: 109-04-2003 Item 10: 139 ~ Latest Possible Date: 109-04-2003 ~ - Subject I Recommendation: Adopt Ordinance # 7188-03, Annual Operating Ordinance, on 4nu the Cicy of Clearwater Annual Operating Budget for the 2003/04 Submitted: 108-07-2003 Actual Date: f09-18-03 reading, which establishes fiscal year. - Summary: The City Charter, County regulations, and Florida State Scatutes outline requirements that must be met for the City to levy taxes and fees and spend resources on mandated or desired goods and services. The adoption of this ordinance and two related ordinances are an integral part of fulfilling these requirements. In June 2003 the City Manager presented to the City Commission detailed preliminary budgets that outlined estimated revenues and proposed expenditures for Fiscal Year 2003/04. Copies of these documents were made available to residents and the news media. A Commission Budget Worksession devoted to discussing operational, capital improvement plan, and Penny for Pinel1as issues was held in August 2003. Passage of this Operating Budget Ordinance will adopt the operating budget and authorize the City Manager to issue instructions to achieve and accomplish authorized services. Originating Department: Section: I Administrative public hearings Category: I Other ~ Advertised Dates: 108-30-2003 Number of Hard Copies attached: Ives Public Hearing: - Review Approval: (Signature indicates approval.) ITinn Wilson 08-22-2003 16:23:06 \Gnrry Brumback 08-25-201)3 13:14: ICyndl8 Goudeau 08-21-2003 10:45 ICyndie GOUdN.lll 08-25-2003 13:25 IBill Homo 08-;25.200315:59; 1.~ ~ .:J ~ ~ ~ ....._.........._......._..._ _~_,_.___..__.~....._.._........--___...._____.... .._,-...... ........,.. .......,...-' _. ~ .. ..-.... "._ "_r" ., ... _. _ ,"___'_'__.'. _. ""._ ......~ ...._...~ _ _.._.,~ .." ... ...._., ___._ .<z......~.~_ 8ulb. 7LJ. Second Reading OPERATING BUDGET ORDINANCE ORDINANCE NO. 7188-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; 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 MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 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, 2003, and ending September 30,2004; and WHEREAS, an estimate of the revenues 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 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 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in City Hall on September 4, 2003, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2003, and ending September 30, 2004, a copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Ordinance No. 7188-03 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 2.519 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 operating fund, provided such action does not result in the discontinuance of a program. Section 5. 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 the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been s~ent 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, 2003. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED September 4, 2003 Brian J. Aungst Mayor-Commissioner Approved as to form: JiM Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7188-03 EXHIBIT A CITY OF CLEARWATER 2003-04 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2001/02 2002103 2003/04 GENERAL FUND: Property Taxes 28,420,086 31,385,360 34,773,010 Sales Tax Revenue 14,076,758 13,973,940 14,230,580 Franchise Fees 7,086,842 6,891,660 7,100,000 Utility Taxes 10,402,179 9,958,970 10,661,090 Licenses & Permits 3,283,304 3,282,610 3,601,650 Fines, Forfeitures and Penalties 1,688,962 1,504,130 1,541,820 Intergovernmental Revenues 9,260,078 9,792,280 9,689,670 Charges for Current Services 2,097,596 2,502,810 3,764,430 Use and Sale of City Property and Money 1.153,589 1,228,800 1,113,480 Miscellaneous Revenues 176,847 139,460 158,700 I nterfund ChargeslTransfers 11,840,209 11,968,670 12,573,500 Transfer from Surplus 0 607,900 0 TOT AL GENERAL FUND 89,486,450 93,236,590 99,207,930 SPECIAL REVENUE FUNDS: Special Development 13,888,435 16,293,230 16,401,000 Special Program Fund 7,195,208 1,945,720 2,210,680 Local Housing Assistance Trust Fund 1,266,302 889,505 900,000 ENTERPRISE FUNDS: Water & Sewer Fund 39,738,353 46,228,000 49,174,000 Stormwater Utility Fund 6,853,087 9,538,080 9,765,770 Solid Waste Fund 16,566,289 16,175,100 16,384,500 Gas Fund 27,218,080 29,274,990 30,042,460 Recycling Fund 2,265.937 2,356,000 2,390,200 Marine & Aviation Fund 3,417,296 3,201,400 3,260,770 Parking Fund 4,336,367 4,351,920 4,206,260 Harborview Center Fund 2,082,224 2,276,280 1,844,850 INTERNAL SERVICE FUNDS: Administrative Services 7.689,748 8,332,980 8,492,560 General Services 2,980,757 3,264,090 3,445,080 Garage Fund 9,842,208 8,957,230 9,484,630 Central Insurance Fund 15,436,135 15,779,190 16,881,260 TOTAL ALL FUNDS 250,262,876 262,100,305 274,091,950 Ordinance #7188-03 EXHIBIT A (Continued) CITY OF CLEARWATER 2003-04 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 2001/02 2002/03 2003/04 GENERAL FUND: City Commission 222,555 266,850 280,800 City Manager's Office 741,122 798,720 800,610 City Attorney's Office 1,273,781 1,354,850 1,402,730 City Audit 101,408 128,790 137,070 Development & Neighborhood Services 2,899,798 3,127,450 3,524,080 Economic Development & Housing 915,909 1,537,180 1,546,940 Equity Services 436,203 482,650 473,410 Finance 1,824,921 1,942,630 1,987,480 Fire 15,360,964 16,212,950 17,716,880 General Support Services/Grant Writer 0 Human Resources 1,105,450 1,212,310 1,161,610 Library 4,466,928 4,687,640 5,422,400 Marine & Aviation 516,049 501,280 436,570 Non-Departmental 3,013,967 4,010,430 3,805,450 Office of Management & Budget 272,000 284,970 296,500 Official Records & Legislative Services 1,084,010 1,207,340 1,214,150 Parks & Recreation 14,346,896 15,778,130 18,037,250 Planning 1,547,236 1,158,920 1,167,890 Police 26,662,027 28,929,080 29,772,010 Public Communications 722,932 905,120 929,530 Public Works Administration 8,018,332 8,709,300 9,094,570 Use of Retained Earnings 0 TOTAL GENERAL FUND 85,532,488 93,236,590 99,207,930 SPECIAL REVENUE FUNDS: Special Development 15,216,358 15,077,040 15,944,310 Special Program Fund 7,127,721 1,845,720 2,110,680 Local Housing Assistance Trust Fund 415,908 889,505 900,000 ENTERPRISE FUNDS: Water & Sewer Fund 40,301,548 44,452,990 46,061,120 Stormwater Utility Fund 4,867,370 9,538,080 7,840,940 Solid Waste Fund 14,784,539 15,724,910 16,184,650 Gas Fund 23,082,961 28,393,600 28,912,550 Recycling Fund 1,954,397 2,344,840 2,317,000 Marine & Aviation Fund 2,986,549 3,181,860 3,186,240 Parking Fund 2,958,383 3,363,700 3,639,940 Harborview Center Fund 2,148,045 2,276,280 1,844,850 INTERNAL SERVICE FUNDS: Administrative Services 6,680,176 8,332,980 8,435,890 General Services 2,766,338 3,239,680 3,444,720 Garage Fund 7,960,078 8,957,230 9,480,730 Central Insurance Fund 15,814,293 14,076,920 15,694,4 70 TOTAL ALL FUNDS 234,597,152 254,931,925 265,206,020 Ordinance #7188-03 Ie. Clearwater Agenda Cover Memorandum Page 1 or 2 1~~\C!J c ~ Latest Possible Date: 109-04-2003 ~ Submitted: 108-08-2003 Actual Date: r09-l8-0J City Commission Preferred Date: I 09-04-2003 Item 10: 140 -Subject I Recommendation: Adolt Jrdinance 7189-03 the Capital Improvement Ordinance, on ,2nd reading, establishing ~ the FY 2003/04 budget and six-year plan for the Capital Improvement Program (CIP). .:J - Summary: The City Charter, County regulations, and Florida State Statues outline regulations that ~ require local governments to prepare and adopt comprehensive planning and development programs. The Capital Improvement Program plan provides the mechanism to meet these requirements. Major physical undertakings costing $25,000 or more and having a useful life of at least five years are defined as "capital" projects and are accounted for in this Capital Improvement Program. In June 2003 the City Manager presented to the City Commission d.~tailed proposed operating and capital improvement budgets. The Capital Improvem~nt Program budget outlined projects and funding sources for $49.7 million of proje:ts to be undertaken in FY 2003/04. The budget also contains a six-year plan which outlined projects and funding sources for each of the six years totaling $314.3 million. Each of these plan years will be reviewed and revised as needed, and budgets presented for formal budget adoption in subsequent years. Adopted Capital Improvement Plans can be amended with Commission approval through the quarterly budget review process. .:.J Originating Department: Section: I Administrative public hearings .=I .=.I Category: I Other . Number of Hard Copies attached: Public Hearing: Ives ~ Advertised Dates: 108-30-2003 - Review Approval: (Signature indicates approval.) Inn:: V'iilsoli 08- 12-2003 00'(\1: 1() I(';n~:y Hrurnbacf. OB-21.:'::003 10:55: IAdl Hnnlo I IS n.!.IY,q 1 !;:O?;2b 1c~I'''JIi:l GUU(JOflU 08.~21-20(n 1(J:41~ 1(:Y,ldi(; COlHlt.'H)\1 08-:22.21 \1:~ ()~J.2:') e:D1c. 7c. Second Reading CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 7189.03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; APPROVING THE SIX-YEAR CAPITAL 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, 2003, and ending September 30, 2004; 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 has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in the City Hall upon said proposed budget on September 4, 2003; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2003, and ending September 3D, 2004, a Ordinance No. 7189-03 copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the capital improvement fund for the 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 shall 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 2.519 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 the 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, 2003. PASSED ON FIRST READING September 4. 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: ihi. Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7189-03 / Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/04 Function Approved Budget 2003/04 Police Protection Fire Protection Major Street Maintenance Sidewalks & Bike Trails Intersections Parking Miscellaneous Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings General Public Bids & Equip Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 147,330 852,970 6,949,690 2,029,870 671,270 350,000 35,000 5,765,500 255,000 10,000 652,500 3,561,200 643,780 140,000 372,080 6,092,130 2,815,000 550,000 124,230 10,962,000 6,463,000 220,000 $49,662,550 Ordinance #7189-03 Exhibit A (Continued) RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 2003/04 GENERAL SOURCES: General Operating Revenue General Revenue/County Coop Special Development Fund Road Millage Penny for Pinellas Transportation Impact Fees Development Impact Fees Local Option Gas Tax Recreation Facility Impact Fees Grants - Other Agencies SELF SUPPORTING FUNDS: Marine/Aviation Revenue Parking Revenue Harborview Revenue Utility System: Water Revenue Sewer Revenue Water Impact Fees Water R & R Sewer Impact Fees Sewer R & R Stormwater Utility Revenue Gas Revenue Solid Waste Revenue Recycling Revenue INTERNAL SERVICE FUNDS: Garage Fund Garage Fund Retained Earnings Administrative Services General Services Retained Earnings BORROWING - GENERAL SOURCES: Lease Purchase - General Fund BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Sewer Lease Purchase - Stormwater Utility Lease Purchase - Solid Waste Lease Purchase - Recycling Bond Issue - Water & Sewer Bond Issue - Stormwater BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Fund . Lease Purchase - Administrative Services Lease Purchase - General Services TOTAL ALL FUNDING SOURCES: . Approved Budget 2003/04 1,499,400 652,500 550,000 2,219,690 4,560,000 290,000 261,270 950,000 81,000 5,954,870 150,000 350,000 50,000 281,410 238,410 220,000 985,000 200,000 1,058,000 47,410 2,855,000 450,000 90,000 79,700 135,000 75,000 56,000 767,380 60,000 96,000 220,130 100,000 130,000 14,398,000 5,872,000 3,346,500 290,000 42,880 $49,662,550 Ordinance J7189-03 ~. ~Clearwater I -~~f v~r -,,--.-.-... .....-......~_..._..I Agenda Cover Memorandum FR.l City Commission Tracking Number: 159 Submitted: 08/20/2003 Preferred Date: 09/18/2003 latest Possible Date: 09/18/2003 Subject / Recommendation: Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee") a 10-foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the Southeast corner of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East, as more specifically described in attachment "A" of said Utility Distribution Easement. Summary: The Utility Distribution Easement with Progress Energy is to provide a corridor in which to install a transformer and equipment necessary to supply power to the new Community Sports Complex. The subject easement grants Progress Energy authority 5 feet of each side of all of its distribution lines throughout the project in order to facilitate installation, maintenance, and If necessary, future relocation of such facilities as may be mutually agreed upon between the City and Progress Energy. There are no costs associated with the granting of the easement. A copy of the easement documentation is available for review in the Office of Official Records and legislative Services. Orialnating: Parks and Recreation Section: Administrative public hearings Cateaorv : Agreements/Contracts - without cost Number of Hard Cooles attached: 1 _."'_ ,h._~_ ~ .~,._ '. ._.._ _ ,',". .""..~ ._.___.'__...,,~ .... .'_ ,".,., ,."., ,.' '. ,............. .~'a~. .~. ,~" ~ -. ..........- _._....~......,.... .,. ...... .......'-~.- '_".< __" .'. .-__. .-. ~.., ,.._~.. ._P", .,~ _. ,....., .....,.. _'~ <'" ~ ....~". ...",. ~ ,Clearwater I v~1 Public Hearing: Yes Advertised Dates: 09/07/2003 Financial Information: Review Approval KDUNBAR CGOUDEAU BHORNE LLIPOWSK GBRUMBAC Agenda Cover Memorandum 08/25/2003 09/08/2003 09/08/2003 08/25/2003 09/08/2003 13:04: 33 13:29:44 19:50:29 13:45:00 13:28: 14 ~""..., ~""""'~_'_'~"'_____~""~_""__'_""~'h--"".,-,;""",_"~"_"",-"_""""",,,,,~,,,,,,_______'__........______......................._......___________...,..._.___............__..__~.... ~ Progress Energy ~'. <g DISTRIBUTION EASEMENT - CORPORATE KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessces and assigns ("GRANTOR"'), in consideration of the mutual benefits, co\'clI3nts and conditions herein contained, did grant and convey to PROGRESS ENERGY, a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its SUcteSSOrs, lessees. licensees, transferees, pcnnitoes, apportionecs. and assigns, an casement to install, operate and maintain in perpetuity, such facilities as may be nc:ccssary or desirable for providing electric energy and service and communication S)'Stems, whether to telecommunication prmiders or other customers by GRANTEE or others, said facilities being located in, on, O'.'er, under or across the follo\\ing described "Easement Area" willlin GRANTOR'S premises in Pinellas County, to \\it: A 10 foot "ide Easement Area defined as lying 5 foct on each si~ of Grantce's facilities to be installed at mutually agreed upon locations over, across and through the following described property to accommod.1te present and future development. SEE A IT ACHED EXHIBIT "A" FOR LEGAL DESCRIPTION Tax Pand NamMr:7129/1 6/00000I41 0/0100 The rights herein granted to GRANTEE by GRAl\I'TOR specifically include: (3) the right for GRANTEE to patrol, inspect, alter, impnl\'l:, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to increase or decrease the \'Oltage and to change tbe quantity and type of facilities; (c) the right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for GRANTEE to trim or remO\'e any timber adjacent to, but outside the Easement Area which, in the opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (I) all other rights and privileges reasonably necessary or coO\~ent for GRANTEE's safe and efficient installation. operation and maintenance of said facilities and for the enjo}ment and use of said easement for the purposes described abO\-e. GRANTOR hercb}' cm-enants and agrees that 110 buildings, structures or obstacles (except fences) shall be located, constructed, CXCl\'llted or created within the Easement Area. If the fences are inslalled, they shall be placed so as to aUow ready access to GRANTEE'. facilities and pl'D'idc a working space of nOlless lhan six feet (6') on the opening side and one foot (I') on the other three sides ~ any pad mounted transformer. If GRANTOR'. futllTe orderly development of the prenilics is in ph}'5ical conflict .ith GRANTEE'. facilities, GRANTEE shall, within 60 days after receipt or wrinen request from GRANTOR, relocate laid facilities to another mutually agreed upon Easement Area in GRANTOR'a premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANUE the full expected cost or the relocation IS estimated b)' GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost. an acceptable and recordable easement III cm-er the relocated facilities and such otber property 15 deemed ncccssary by Grantee. Upon the completion of the relocation, the easement herein shall be considered canoelled as to the ponion vacated by such relocation. This legal description was prm'ided by GRANTOR. In the C'\"Cnt facilities are located outside of thislcgaJ description, GRANTOR shall P,1Y for any relocation costs 1IeCCSS3I}' or shaJl amend this legal description to inchJdc the actUal facilities and nCCCSSllfy propeny. This document prepared by Malva M. Taylor RctUOl 10: Real Estate Document Center, Progress Encrg}' 3300 Exchange Place, Lake Mary. FL 32746 rn -.I n n ..... -l \0 :;: rn ~ 0; ?O tTl C) frl ~ [ (") 0 i c: ~ n C) q' 5: 0 .... ~ n [ ?O fa (> ... ~ ~ rn ~ g a ~ GRANTOR covenants not to Interfere with GRANTEE's fadllties within the Easement Area In GRANTOR's premises, and GRANTOR further covenants, subject to the limitations and restrictions of F. S. 768.28, the Florida Sovereign Immunity Statute, to indemnify and hold GRANTEE harmless from any and all damages and Injuries, whether to persons or property, resulting from Interference with GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. GRANTOR hereby warnmts and covenants (a) that GRANTOR Is the owner of fee simple title to the premises In which the above described Easement Area Is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement All covenants, terms, provisions and conditions herein contained shall inure to and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed In its name by its proper officers thereunto duly authorized and Its offldal seal to be hereunto affixed and attested this ~~ .wro. Countersigned : CITY OF CLEARWATER, FLORIDA By: William B. Home, il, Oty Manager Brian J. Aungst, Mayor-<:Ommlssloner Attest: Cynthia E. Goudeau, Oty Oerk STATE OF FLORIDA COUNTY OF PINELLAS :55 BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-Commlssloner of the Oty of Oearwater, Florida, who executed the foregoing instrument and ad<nowIedged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who Is personally known to me. wnNESS my hand and official seal this __ day of .2003. Notary Public Print/Type Name STATE OF FLORIDA COUNTY OF PINIUAS : .. BEFORE ME, the undersigned, personally appeared WlHlam B. Home, U, the Oty Manager of the Oty of Oearwater, Florida, who executed the foregoing Instrument and acknowledged the execution thereof to be his free act and deed for the use and ptJ'pOSeS herein set forth, and who Is personally known to me. wrntESS my hand and oMdlll seal this _____ day of .2003. Notary Public PrIntfTVpe Name Approved as to form: Laura Upowskl, Assistant Oty Attorney ',\ ~~ater -~ u~ City Commission TraJ;king..li!JmbeL~ 123 S_u_bmitted;_ 07/23/2003 Prei~rreQJL~e : 09/04/2003 Latest Possible Date: 09/18/2003 Actual Date: 09/04/2003 PuJ5 Agenda Cover Memorandum Subje_ctLRecQmmelJda_tlon: Declare as surplus Lot 37, Block 0, GREENWOOD PARK NO.2, and offer for sale by Invitation For Bid No. 32-03 for residential development at the minimum bid amount of $10,500, subject to special qualifying criteria. Summary: ~. ~ ,Clearwate~ -~~~ u~ Agenda Cover Memorandum The City has determined there is a growing demand for safe, decent and affordable housing in the North Greenwood Community. The subject lot is located at 1108 Engman Street and zoned MDR (Medium Density Residential. Its proximity to the new Recreation and Aquatic Center, Library, and the Martin Luther King corridor makes it attractive for redevelopment. The 40' X 91' lot was acquired by the City in September 1998 in lieu of foreclosing a lien placed for violations of the minimum housing code. The minimum bid amount has been established by a July 17,2003 appraisal performed by Advanced Appraisal Services, Inc. Invitation for Bid 32-03 will require that the successful bidder comply with the following bid criteria: 1. Developer must have at least 10 years experience in developing property for affordable housing purposes. 2. Developer must plan to develop the property for residential purposes. 3. Development team must have the ability to screen potential owners to ensure they are eligible for state and federal assistance in the event such funding source(s) will be used by the developer. 4. Developer must be prepared to begin construction no later than January 1, 2004, and in the event state and federal funds are used in the project, should complete the project not later than January 1, 2006. Ori(1inatino: Engineering Section :. Administrative public hearings Categ9LY~ Other Number of Hard COQies atta..chej:!..;, o Public_He~ring;.. Yes AdvertlsJ!d Dates..;, 08/10/2003 Financial Information: ~,_~,_,~_,_" .A...... __._...~.., ...-....~_..^,..,.................._.~---------.-__._--_.......------_. ...-.'.>.......~._--_._._...---_.-~--_.......... "-----...~- -.,-..-.- .... '~-._.' ... . ~ Glearwater I -~~. u~. Agenda Cover Memorandum Iyp_e~ Other Bld_~~_q uire_d_r Yes aid Number!?~ 32-03 In C_urrentI~_~LJ~!.gtg~_t1 No ~1,td-9~J_~dJI,tsJ:lnentl No ~J,trren tYej~_LC.Qst: $0.00 A!lmJ___~tLQp_era..tlruLCost~ $0.00 For Fiscal Year: 10/01/2002 to 09/30/2003 Total Cost: $0,00 NPt to Exceed~ $0.00 ApRropriations Code N/A Amount Review AQRroval HCARROLL 08/0112003 CGOUDEAU 08/25/2003 08/22/2003 08/01/2003 08/19/2003 BHORNE ROWENS GBRUMBAC W'p-LQP.riations Comment 09:25:25 11 :28:55 15:06:24 15:14:10 07:54:03 ITEM # ~ t Clearwater City Con1111ission Agenda Cover Memorandum Work session Item #: Final Agenda !lam # Meeting Date: PLO 1 10 9-18-03 SUBJECT/RECOMMENDA TION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 1420 Lime Street (Lot 24, Block "F", Sunny Park Groves in Section 23, Township 29 South and Range 15 East); and PASS Ordinances #7173- 03, #7174-03 & #7175-03 on first reading. [g] and that the appropriate officials be authorized to execute same. (ANX2003-06013) SUMMARY: The subject property is located at 1420 Lime Street, on the north side of the street approximately 730 feet cast of Hillcrest Avenue. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not currently within the City limits also be annexed. The subject site is approximately a.IS-acres in area and is occupied by an existing single- family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. The Planning Department detemlined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Reviewed by: Legal ~ Info Srvc Budget N/A Public Works Purchasing N/A DCM/ACM Risk Mgmt N/A Other N/A Costs Total Funding Source: Current FY CI Attachments ORDINANCES NO. 7173-03, 7174-03 & 7175-03 STAFF REPORT OP Other Submitted by: "'D,.a M- City Manager t)CM v.AAr- Printed on recycled paper 2/98 [J None A ro rlatlon Code: Rev. This annexation has been reviewed by the PineIlas Planning Council (PPC) and PineIlas County staffs according to the provisions of PineIlas County Ordinance No. 00-63, Section 7( 1-3), and no objections have been raised. Please refer to the attached report (ANX2003-060 13) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on August 19,2003 and unanimously recommended approval. S:\Planning Dcpartmcnt\C D B\Annexations\ANX - 2003\ANX2003-06013 Da\\n M Simpson 1420 Lime St\CC ANX2003-06013 Dawn 2 Simpson 1420 Lime SI.rtf CDB Meeting Date: Au~ust 19, 2003 Case Number: ANX2003-06013 Agenda Item: Fl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Dawn M. Simpson LOCATION: 1420 Lime Street, located on the north side of Lime Street, approximately 730 feet east of Hillcrest Avenue. REQUEST: (a) Annexation of O.l5-acres of property and 0.10-acres of Right-of-Way to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low Category (City of Clearwater); and (c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: .6,534 square feet or 0.15 acres DIMENSION OF SITE: 70 feet wide by 97 feet deep m.o.1. PROPERTY USE: Current Use: Proposed Use: Single-family residential Single-family residential PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) Residential Low (RL) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential District (County) LMDR, Low Medium Density Residential (City) Staff Report - Community Development Board - August 19,2003 - Case ANX2003-06013 - Page 1 EXISTING SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential ANAL YSIS: The subject property is located at 1420 Lime Street, on the north side of the street approximately 730 feet east of Hillcrest Avenue. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not currently within the City limits also be annexed. The subject site is approximately 0.15-acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. A. IMPACT ON CITY SERVICES: [Section 4-604.Fl] Water and Sewer: The applicant receives water service from the City of Clearwater. Sewer service will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest sewer line is located along the northern property lines of the lots to the east. The applicant is aware of the assessment fee and the impact fee payments required for sewer connection, as well as any additional costs to extend City sewer service to the property. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The proposed annexation is located within Patrol District 2 in which there are currently 65 patrol officers and 9 patrol sergeants and a lieutenant assigned to this District. The District Station is located at 645 Pierce Street. Community policing service will be provided through the City's zone system and officers in the field. The Police Department will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Avenue. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. Staff Rcport - Community Dc\'clopmcnt Board - August 19.2003 - Case ANX2003-06013 - Pagc 2 In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. B. CONSISTENCY 'VITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.I] The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Low (RL). It is the purpose of this category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; TransportationlUtility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The annexation does not propose to change the Residential Low (RL) plan category and the proposed use is consistent with the uses and density of this plan category. Further, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. C. CONSISTENCY OF DEVELOPMENT 'VITH COM~IUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.] As stated earlier, the application for annexation involves an existing single-family detached dwelling. The property is 70 feet in width and 6,751 square feet in lot area. The appropriate zoning district under the Community Development Code is the LMDR, Low Medium Density Residential District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property exceeds the minimum dimensional requirements of a standard development in the LMDR District and is therefore consistent with the Community Development Code. D. CONSISTENCY WITH THE COUNTYWIDE PLAN: There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential Low plan category. StafTReport - Community Development Board - August 19,2003 - Case ANX2003-06013 - Page 3 E. CONSISTENCY \VITH PINELLAS COUNTY AND FLORIDA LA \\': Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas County staffs have reviewed this annexation and deternlined it complies with the ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the west and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created. In summary, the annexation of this property is consistent with Florida law. F. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant is aware of the assessment fee and the impact fee payments required for sewer connection, as well as any additional costs to extend City sewer service to the property. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use Map, as well as the goals and policies. The existing and proposed use of this site as a single- family dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL of the annexation of the property located at 1420 Lime Street. 2. Rccommend APPROVAL of the Residential Low (RL) category pursuant to the City's Comprehensive Plan. 3. Rccommend APPROVAL of the LMDR, Low Medium Density Residential zOl11ng district pursuant to the City's Community Development Code. Staff Report - Community Development Board - August 19, 2003 - Case ANX2003-060 13 - Page 4 Prepared by Planning Department Staff: 1tA~ Marc A. Mariano, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:IP/anning Ikpart,;,rntlC D BlAnnc.'(n/ionsIANX - 200JIANX200J-060J J Dall''' M Simpson 1420 Lime St1ANX200J-0601J /420 Lime St staff report. doc Staff Report .... Community Development Board - August 19, 2003 - Case ANX2003-060 13 - Page 5 II f- ~ '... I I '''jiJEI'E- '1,1111 :_ illllll"II~:::IJIlIll~ ~ 11 IH!1111~1 ."1 ~ - ~, V ' : ~r; M.hr:. II S~ ::::::::= ==1 ~ - U,)J t: IT l' I 1111111 ~ ~ h'" I '-' , ~ I T B I I ]I ;..:. [~' 0 HHI I~' ' ," I r II h _ ;,~tlllI111 ~~ j~ r~ ~ I I~ III~ ~ ;~ ~/ ." '-:tJ 1......- ~ --1 L I,..,. ~~'~_ r- - ~- U I ,X ~ I I I p,:'n:;::,' J- :--y-.. ~ -J 'III ~L-L ""'-1 L-J ~~ 'I ;::: l W'." '"~''' i: 'II f--l I~~ ~lllL PROJECT I ,~EffiEffiB '~~ ~ ' ~ ~~~ :J ~~ SITE ~I~t. J II ~ ----- J II ill -;- ~flrro~ ~'t ~ H ~ h II' . '~~ i":ul ~_hYrlill ~~~~H ill ~ w ~ ~_w= ~o;i " '-W I ' i~ - I~~' ~~ "!~.t L nl ~ ;';' nT1 I LI ~a~ ,':t" ~.lli'i " I~T:" ,: n H~ o,;JIJ!l-$l\ / "\ ...Ir ~r I OJIIJJJ 1'1 II \ . . . , OJ.JIIIJ" I, J I II \.., H tJ. ~Qjt ~ I ~ :/1 ~ II "L Ii ~ ~~~YJ~, ~~ ,- ,n :~~ ~: ~ rn~~_,,~ ~ -" j lEi' ~ r-i:::l IT n ~ II-,~ -H4-= I b- T~ i-f-H I i I r- I - I =1 I' J L If ~ /= LJ-l- :::vr j:: t.:: ~ I~ It: I II I .~~ '.. _.q~ -j 1111 II ~ I ai, l I I _J- I ~ 71 t:1 .- l- I HFR -IIIIIT If:j , Location Map Owner: Dawn M. Simpson Case: ANX2003-06013 Site: 1420 lime Street Property Size (Acres): 0.15 R.O.W. Size (Acres): 0.10 Land Use Zoning PIN: 23/29/15/86958/006/0240 From: RL R3(Coun1y) To: RL LMDR A lias Page: 307A .. -.... ---. .. .. J ...;......' ~,L 'J -. '. . . ..... .,.. --",.J ... ..w';"'" --, MlIllIh ,- ~ ;-i. ~;l.' -. .. .' II." " -;r- ,., .... ...., ~ '::1 l. .. ~ p . ," ..... i I O.,Jjh"~'~i~ .,' " ,:.~".... "- ~ :.t A , ,~ J, .1.'1 "..... a ','r.' ...,,: . ,~',i"'"'' ~~<"....c1t '~" ,) .' Ai JJ I. T r '" ~ r- i tZV'.J 'i ~... - ............ ....-",,'-". '. I .. ~ .. ~ . -' . """~ r ~ I ~ :~~~.~_~ r r ~ ~ r" ~-l,''!'''' t! .' '.' ~'"-"'i.5iF'" 11' 'r' 1 ,.' r ~"f' 'r,' (' ~ ~ .,'.... "".Ci!J ~ ~. .. ~..,.. ~.. "eIIIl'.1' ~' ~ . . ~tt.~f~;..ti,~~. "1~'~'J" <~ · ~.:~ i'" r 'f . . t . .' . I . · I l. r \ ,I ,. 't 'I ~ It .. ~ IJ7 ~~, III ., . tr ,--'- ..' ."..::." Il}I1 . _ . .,.. . '- - r~A=pz'liI_~~~""'" '1'~), va_~~ , ~.. ,. i . I .~ ~ v; >v# ~- - t, "'. l}' 11I11 . ~ ~.'.,." . " .~ '. '. ~ tJ. f t -:...~ f.r 1 ~;f l I~. ~_ . , ~~....~_. . J '-l-~~ pii_ ~rl7'~;'~' .' J .... : .1' :. ." '.~:' ~ - <'-.' ." '. III . ~.., 1 ".' ~ , iJ:"~ J '" . III . ~ JIll e-.. ....~ Aerial Photograph Owner: Dawn M. Simpson Case: ANX2003-06013 Site: 1420 Lime Street Property Size (Acres): 0.15 R.O.W. Size (Acres): 0.10 Land Use Zoning PIN: 23/29/15/86958/006/0240 From: RL R3(County) To: RL LMDR Atlas Page: 307A '" ' ~.t ~ I I I I I I L.,. 7 I SiJrlgl ~-f= mi ly ] ~es del ltial ; , fJ ,1.'1> <0 ~ ~ ~ t '" ~ .. ~ 0, 0 .. 0 ;: ~ 0, '"' .. .. c or I:..:....;. ~ ~ i ", " :!. ::. :!. .. SA TSUMA ST or ~ ~ t. , ~ gl+f~ " " nil~ Ii ~ ~ :. <0 '" ,. . "- ~ :. :!. .. .. .. .. , or, .. ::. iaI ::: I, 0 . 1". 0 yl ~esi del tia Sir esic en - ml ~K= '" '" ~ ~ ~ ~ ~ - ......... .. ., <:> ~ ~ i; 0: .. ~ <:> .. ~ c -~ <:> <0 .. <'0 0 <'0 .., .. .. r ~ :!. :. :. ~ ~ ::! :!, :!. :!, '" T7'-! ::: ORANGE 5T <0 '0 " . ~ "- ;: ~ ~ <:> 0 'l "- '" :!. :. o. ; '" '" "- ~ :!. .. '" .. .. :!. :! ~ :!. ~ '" '" :!. :!. :!. / ~~!: : o. ..] ~ ..lI . . I. .~ I. . - ... .. ........ o ... ... 1 01 .I~ .'"' ,... ~ I l") I": ~ ~ 01 :-.-- - 1- 8 :8 ; ~ : .. ~ '" '" 0 .. co Z, '" :!. :!. ~ <'0 '"' '" .. :! ::! :!. .. .. '" :!. :!. :! :! :! i- LIME ST . . p . . ~ ,.. O' ::: '" mil; II> '" ,., ... r; ::: '" i~1 ~ ~ ... ; II> ... ., CO> CO> eht ::; ~ ~ ~ ~il l': f 3 ~ :!Rt .~id :! ,., ... \I) l(Jl~ :! :! " :!. :! :!. :! :! :!. :! 0: ... :iipl ~l~- fa~i1r ~e sid ~nt at ~ ~ ~ ~ 8 ~ co ~ :!! !:: - ,., :!. 0 ... ::: :!. :!. '" '" ! '" :& S :!. :!. ... ... '" - - :! :! :!. :!. TEMPLE ST ~ ~ en '" .., .. ::: '" '" '" Ji ~ '" .., ..,., '" c; .., lal ; '" ... ;,; -... .., ~id ent .. ~ .... ! ... ::l C1. .1 - iil3 '" '" ,., :! :!. '" :! :!. :!. '" .., ,., :!. :!. 'Ie- .~I :!. :!. :!. . - JIni ~ t . .0 . ~ ~. ngl e-Il '1:<1 1 ~ ;;, ~ ~ ::0 ~ .. ~ :!! '" ... ~ ~ :!l 0 ... ,., ~ " " '" 5l tl ,., :!. :!. :!. :!. :!. ... .. :t ~ :!. :!. :! :!. :! :!. :! :!. :!. ~ CITRUS ST 1 ~ l\1 I~ 10 ;; I '" ::! .... ;:; ~ ~ ... .. ::! :! '" .. :j '" '" ... lrl .. .. ... ... ... ... ~ .. .. .. .., Existing Surrounding Uses Map j Owner: Dawn M. Simpson Case: I ANX2003-060 13 i Property Size IAcres): I 0.15 Site: 1420 lime Street R.O.W. Size (Acres): : 0.10 i land Use Zoning l PIN: , 23/29/15/86958/006/0240 , R3lCounty) , From: RL I ; To: RL LMDR Atlas Page: 307A View to the east View to the west View to the south View to the north ., -:. ite view from the south Dawn Simpson ANX2003-06013 1420 Lime Street ORDINANCE NO. 7173-03 "'0 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORID~ 5~ ;cJ ANNEXING CERTAIN REAL PROPERTY LOCATED ON THe< ~ n1 NORTH SIDE OF LIME STREET, APPROXIMATELY 730 FEED ~:; c... ~ EAST OF HILLCREST AVENUE, CONSISTING OF LOT 2~ (;) \, J BLOCK F, SUNNY PARK GROVES, TOGETHER WITH TH~- 0 I.. rn ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS;; cg :;:; IS 1420 LIME STREET, INTO THE CORPORATE LIMITS OF THeJ,J ~l;.. :<: ......-.., CITY, AND REDEFINING THE BOUNDARY LINES OF THE CI~ ~ ,-~:. rn TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIV .:1 ~ 0 DATE. ~IO --. .. /-. --I WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 24, Block F, Sunny Park Groves, recorded in Plat Book 036, Page 002, Public Records of Pinellas County, Florida, together with the abutting right-of-way (ANX2003-06013) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7173-03 "".. ~~1.-~:~<'~ ~f if~~ , ~C ~\~ 14 ~ .' '" !' ~~: ~t '.~, a ~ '..... ., " ~ ." o ~ 0 ~ 0 0 ~ ~ " ." '" 0 0 ~ ~ ~ 8 ~ ~ :? '" .. :! " '" .., ;r; ::! :!1 .., Proposed Annexation Owner: Dawn M. Simpson Case: ANX2003-060 13 1420 Lime street Property Size (Acres): 0.15 Site: R.O.W. Size (Acres): 0.10 land Use Zoning PIN: 23/29/15/86958/006/0240 From Rl R3lCounty) To: Rl lMDR Atlas Page: 307A Exhibit A Ordinance NO. 7173-03 ORDINANCE NO. 7174-03 -0 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, () S; AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE ~ 2~ COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE 0 ~ LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE I'.tfi NORTH SID= OF LIME STREET, APPROXIMATELY 730 FEET P 0 EAST OF HILLCREST AVENUE, CONSISTING OF LOT 24, (!;l c.q BLOCK F, SUNNY PARK GROVES, TOGETHER WITH THE T.J :t:. ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS ~:~ IS 1420 LIME STREET, UPON ANNEXATION INTO THE CITY OF ~ $ CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN L~ ~~ EFFECTIVE DATE. ' -I WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 24, Block F, Sunny Park Groves, recorded in Plat Book 036, Page 002, Public Records of Pinellas County, Florida, together with the abutting Right-of-way (ANX2003-06013) Land Use Cateoorv Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7173-03, and subject to the approval of the land use designation by the Pine lias County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7174-03 ;\1 rn o rr1 .-..-... f"".~' ~. n1 o Future Land Use Map Owner: Dawn M. Simpson Case: ANX2003-060 13 Site: 1420 lime Street Property Size (Acres): 0.15 R.O.W. Size (Acres): 0.10 land Use Zoning PIN: 23/29/15/86958/006/0240 From: RL R3(County) To: RL LMDR A tlas Page: 307A Ordinance NO. 7174-03 ORDINANCE NO. 7175-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LIME STREET, APPROXIMATELY 730 FEET EAST OF HILLCREST AVENUE, CONSISTING OF LOT 24, BLOCK F, SUNNY PARK GROVES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 1420 LIME STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. (')'"0 -I~ -<Z Z 0:::; .,., -1,-_ ()GJ r'C) m rn "'"!-:. -u ;.rJ }~ ~ ;,~ ....~ ..., ::" -l g: rll rn ":1:1 z -\ f~__ .- .) WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 24, Block F, Sunny Park Groves, recorded in Plat Book 036, Page 002, Public Records of Pinellas County, Florida, together with the abutting right-of-way (ANX2003-06013) Zonino District . Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7173-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED BrianJ. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7175-03 ;0 m () 111 -- < m o ':~>."L.> '" '" ::l .>. ~.~~.'J: >-;1' f_l1 '.:; :> ~~~,~<:. I\~(::; ~' ~,,1 ..., ., .., .. ., ::l " ~ ." o ~ .t, '1, \~ 0 '" ., :! .. 0 ~ ::l 0 0 ~ ~ " ." '" 0 0 ~ ~ ~ 8 ~ l;l ~ : .., ., :? ~ ... .. ~ .., '" ~ ~ ::: ~ .., Zoning Map Owner: Dawn M. Simpson Case: ANX2003-060 13 1420 lime street Property Size (Acres): 0.15 Site: R.O.W. Size (Acres): 0.10 land Use Zoning PIN: 23/29/15/86958/006/0240 From Rl R3(County) To: Rl LMDR A tlas Page: 307A Ordinance NO. 7175-03 Ii. Second Reading ORDINANCE NO 7106-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN, OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH TECHNOLOGY AND OPEN SP ACE AND RECREATION DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18 SIGNS, BY MAKING REVISIONS AND/OR ADDING PROVlSIONS TO PROHIBITED SIGNS, SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS, D1RECTIONAL/INFORMATIONAL SIGNS SERVING A PUBLIC PURPOSE; SUBDIVISION NAME/LOGO ON STREET SIGNS WITI-DN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS LOCATED IN CITY RIGHTS-OF- WAY OR ON OTHER CITY OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES BY INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON PORTABLE STORAGE UNITS; AMENDING ARTICLE 4 DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3 AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR DETERMINING APPLICATION COMPLETENESS AND SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXffiLE STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT) DEVELOPMENT REVIEWS, MAKING CERTAIN CLARIFICATIONS WITH REGARDS TO THE TYPE OF DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER, CLARIFYING THE EFFECTIVE DA TES OF LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE) APPROV ALS, REVISING MINOR AMENDMENT PROVISIONS FOR LEVEL TWO DEVELOPMENT APPROV ALS, AND CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE) APPROVAL CAN BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY ADDING A DEFINITION FOR ADOPT-A-PARK SIGNS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards, procedures, and zoning districts which need amendment to improve the development review process; and Ordinance No. 7106-03 WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous comprehensive infill applications and determined one criteria to be impractical; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEAR WATER, FLORIDA: Section 1. Article 2. Division 7. Section 2-704.C Commercial ("C") is hereby amended as follows and renumbering the subsequent subsections as appropriate: ... ... ... * 5 Suitable sites for development or rede'/elopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clcwv.'ater; ... ... ... ... Section 2. Article 2. Division 8. ~ection 2-803.C Tourist ("T") is hereby amended as follows and renumbering the subsequent subsections as appropriate: ... ... ... ... ~ Suitable sites fer development or r-ede'lelopment of the uses or mix of uses within the compreheflsi'..e infill rede',elopment project are not otherwise available in the City of ClearNater; ... ... ... ... Section 3. Article 2. Division 9. Section 2-903.C Downtown ("0") is hereby amended as follows and renumbering the subsequent subsections as appropriate: ... ... ... ... ~ Suitable sites fur de'..elopment or r-edevelopmeflt of the uses or mix of uses within the comprehensive infill redevelopment project are Rot otherwise a'lailable in the City of Clearwater; ... ... ... ... 2 Ordinance No. 7106-03 Section 4. Article 2. Division 10. Section 2-1004.8 Office ("0") is hereby amended as follows and renumbering the subsequent subsections as appropriate: '" '" * '" ~ Suitable sites for development or redevelopl'Hent of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; '" '" '" * Section 5. Article 2. Division 12. Section 2-1204.A Institutional (HI") is hereby amended as follows and renumbering the subsequent subsections as appropriate: '" '" '" * ~ Suitable sites for development or redevelopment of tAe Hses or mix of Hses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; '" '" '" '* Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research Technology ("IRT") is hereby amended as follows and renumbering the subsequent subsections as appropriate: . '" '" . '" ~ Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive inml redevelopment projeot are not othel'\vise available in the City of Clearwater; ... '" . ... Section 7. Article 2. Division 14. Section 2-1404.A Open Space/Recreation ("OSR") is hereby amended as follows and renumbering the subsequent subsections as appropriate: "''''.. ~ Suitable sites for developmeat or r-edevelopment of the uses or mix of uses withia the eomprehensiye iRfill redevelopment projeet ar-e Rot otherwise available in the City of Clearwater; . '" '" '" '" 3 Ordinance No. 7106-03 Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803. Prohibited signs, is hereby amended as follows: * * * * L. Signs located on publicly-owned land or casements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and pemlitted pursuant to Section 3- lS06(BJ(-4);-ami-(c)::.llndwich-board-signslo-the- ex'tenr-perm itted-in-;he Downtown District pursuant to Section 3-1805(V) and (d) as allowed in Section 3-1806 (A). Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. * * * * Section 9. Article 3. Development Standards, Division 18 Signs, Section 3-1805. signs permitted without a permit, is hereby amended as follows: * * * * x. Directional/Informational Signs serving a public purpose. A permanent sign on public easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: (l) the sign provides directions and/or infomlation regarding public facilities and/or places of interest and (2) the sign will meet the purposes of Division 3 to wit: (a) the sign will not conceal or obstruct adiacent land uses or signs (section 3-1802(F)1. (b) the sign will not contlict with adioining sites. (c) the sign will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians. (d) the sign will. be installed and maintained in a safe manner fsection 3-1802(L)1. (e) the sign is consistent with Beach bv Des;lm. Clearwater Downtown Redevelopment Plan or any other applicable soecial area plan and submittal of a master sign plan and (0 the sign is consistent with the general standards in Section 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subiect to the provisions of Section 4-50HA), 4 Ordinance No. 7106-03 Section 10. Article 3. Development Standards, Division 18 Signs, Section 3-1806 Permitted signs requiring development review, is hereby amended as follows: Section 3-1806. Pen1litted signs requiring development review. A. Residential. The following signs shall be pennitted in all residential zoning districts: 1. Freestanding single-fami/v subdivision and multi-fami/v development-enlry signs. a. One freestanding entry sign for each entrance into a platted subdivision of no Alore than 24 square feet of total sign face per sign. Unless otherwise approved by the Community Development Coordinator one freestanding sign up to 24 square feet of total sign face and UP to six feet in height may be erected at no more than two entrances into a single-family subdivision or multi-family development. In lieu of one 24 square foot sign. two single- faced signs not exceeding 12 square feet in area each may be located at an entrance provided that such signs are placed in a symmetrical manner and/or are located on opoosite sides of the entrance to which they arc oriented. will meet all sight visibility triangle requirements under the provisions of Section 3-904. be installed and maintained in safe and neat manner and will not contlict with the principal permitted use of the site or ad10ining sites. The Community Development Coordinator may approve signs to be placed at additional entrances based on the following criteria: overall size of site. relationship between building setback and sign location. frontage. access and visibility of the site. intended and existing tratlic circulation. hierarchy of signage. consistency with Beach hv Design. Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master si~n plan for the subdivision or development. b. The Height of a freestanding subdivision sign shall not eKceed six feet. Such sign(s) shall be erected on privately-owned property. In the event there is insufficient land owned by a single-family subdivision association or multi- family development developed prior to March 8. 1999. however. the Community Development Coordinator. Parks and Recreation Department. and Public Works Administration may approve the location of such sign in a Citv right-of-way or on Citv-owned property provided that such signs are in compliance with Section 3-1806.A.l.a above and will not obstruct the vision of motorists. bicyclists or pedestrians. be installed and maintained in safe and neat manner. will not contlict with the principal permitted use of the site or adioining sites: and that a City right-of-wav permit be obtained prior to the installation. c. All freestanding signs shall be installed in a landscaped area of not less than 12 square feet. 5 Ordinance No. 7106-03 d. A freestanding sign for any multi-family develonment shall include the adqress oCthe nroperty on which the sign is to be located. 2. Freestanding multifi:mily Cll(]J' sign. a. One freestanding identity sign per entrance into a multifamily development of no more than 12 square feet of total sign face per sign b. The height of a freestanding sign shall not exceed six feet. c. A freestanding identity sign shall include the address of the property on which the sign is to be 10cate4 2. Subdivision name/loJ!o on street signs. Street signs incorporating single-family subdivision names/logos may be located in City rights-of-way within the subdivision provided by such signs do not exceed 3.5 square feet in area and are selected from the approved City street signs catalogue maintained by the Manager of Traffic Operations. The City and the neighborhood shall enter into an agreement that prescribes the installation and maintenance requirements of such si~ns. 3. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total ~ign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-A-Park signs. One adopt-a-park sign may be erected in City rights-of-way or on City-owned property provided the silm design conforms with one of the City prescribed designs maintained by the Parks and Recreation Department. Such signs shall not exceed four square feet in area. 18 inches in height. be located in a landscaped setting and are selected from the approved City street signs catalogue maintained by the Manager of Traffic Operations The Community Development Coordinator may approve additional adopt-a-park signs based on. the following criteria: overall size of site. number of entrances, frontage. access and visibility of the site. intended and existing traffic circulation. * '" '" * 6 Ordinance No. 7106-03 Section 11. Article 3. Division 21. Section 3-2103.13.3.1' Temporary Uses IS hereby amended as follows: * * '" * r. Two sign I~H~e5rl1e-mere-tflan-l-~-tru~hes-ea€.h~hull-be-l~rmiltt!d-ol1 H-pHFlublt:! stefage unit; A maximum of two sil!.ns no more thall 12 square reet ill area each mav be located on parallel sides a portable storage unit: * * * * Section 12. Article 4. Division 2. Section 4-202.C.l Application for Development Approval Determination of Completeness/Sufficiency Determination of completeness is hereby amended as follows: 1. Determination of completl!ness. Within 4-i~ seven working days after receipt of an application for development approval, the eommunity development coordinator shall determine whether the application is complete. * * '" '" Section 13. Article 4. Division 2. Section 4-202.C.2 Application for Development Approval Determination of Completeness/Sufficiency Determination or legal sufficicnc~' is hereby amended as follows: '" '" '" * 2. Determination of legal sl{fjiciellcy: Level one (m1l1l1num standard development). \Vithin five working days after a determination that a level one (minimum development standards) application is complete, the community development coordinator shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If the community development coordinator determines that any portion of the application is insufficient. the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the appl ication is deemed withdrawn and no further development review shall be conducted unti I the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board . pursuant to Section 4-501 (A)(2). * * * * 7 Ordinance No. 7106-03 Section 14. Article 4. Division 2. Section 4-202.C.3 Application for Development Approval Determination of Legal Sufficiency is hereby amended as follows: * * * * 3. Determination of legal sl!fficiency: Level one (flexible standard development), level two or level three approvals. \Vithin ~ .lli working days after a determination that the application is complete, the members of the development review committee in the case of level one (flexible standard development), level two or level three approvals shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If any member of the development rcview committee determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board pursuant to Section 4-501 (A)(2). * * * * Section 15. A11icle 4. Division 3. Permitted Uses: Level One chart on page CD4: 16 is hereby amended as follows: By revising the length of time on the left and right sides of the page between the first and second boxes (Application for Development Approval and Determination of completeness, respectively) from "Max. 5 days" to "Max. 7 days" By deleting the length of time on the right side of the chart (Max. 10 days) between the third and fourth boxes (Notice to adjacent property owners (Flexible Standard Development) and Dctermination of Sufficien~y by Development Review Committee (Level One (Flexible Standard), respectively). By adding a length of time on the right side of the page betweeil the second and fourth boxes (Determination of completeness and Determination of Sufficiency by Development Review Committee, respectively) from "Max. 10 days" to "Max. 18 days." By revising the length of time on the left side of the page bctween the fourth and fifth boxes (Determination of Sufficiency by Community Development Coordinator (Level One Standard Development) and Community Development Coordinator (Decision), respectively) from "Max. 10 days" to "Max. 15 days" 8 Ordinance No. 7106-03 Section 16. Article 4. Division 3. Section 4-302.A Application/approval by community development coordinator is hereby amended as follows: Section 4-302. Application/approval by comlllunity development coordinator A. Level One approval (minimum standard develop111em s/{fnc!arc!s). An applicant for a level one approval (5taHOOftl minimum de\'elopment standards) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application in accordance with the requin.:nh.:nts ui' section 4-202 (C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development ('1llIL- Within ten 15 working days of a determination of sufficiency. the community development coordinator shall approve the application. deny the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of section 3-913 in regard to general standards for approval conditions. A development order shall b2-issued by the Community De\'eleplnem Geerdinator as evidence of- such a~ * * * * Section 17. Article 4. Division 3. Section 4-302.B Applicinion/approval by community development coordinator is hereby amended as follows: * * * * B. Level one approval (flexible standard development). An applicant for level one approval (flexiblc standard development) shall submit an application in accordance with the requiremcnts of section 4-202 (A) and (F) to the community devclopment coordinator who shall review the application with the development revicw committee in accordance with the requirements or section 4-202 (C) and (D) and determine whether the application demonstrates compliance with this Development Code. Within 20 working days of a dctermination of sufficiency, the community development coordinator shall approve the application, or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3, including the provisions of section 3- 913 in regard to general standards for approval conditions, or den)' the application for failure to meet thc applicable requircments and standards. 9 Ordinance No. 7106.03 Section 18. Article 4. Division 3. Section 4-303 Effect of Level One approval is hereby amended as follows: Section 4-303. Effect of Level One (flexible standard development) approval. A level one (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building pennit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the Community Development Coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one (1) year of the date of the Level One (flexible standard develooment) approval, and all required certificates of occupancy shall be obtained within one (1) year of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. The Community Development Coordinator may aporove an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year veriod of validity after the original time extension. Good causes may include. but are not limited to. an unexpected national crisis (acts of war. significant downturn in the national economy. etc.). excessive weather-related delays. and the like. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a oroject is governed by a development agreement. the timeframes established in the agreement shall suoercede these requirements. Section 19. Article 4. Division 4. Permitted Uses: Level Two chart on page CD4:18 is hereby amended as follows: By revising the second box from the top as follows: "Determination of completeness and suffieiency by Staff." By revising the third box from the top as follows: "Determination of sufficiency !2y Development Review Committee (Review).," By revising the length of time between the first and second boxes (Application for Development Approval and Determination of completeness, respectively) from ~x. 15 days" to "Max. 7 days." ,. 10 Ordinance No. 7106-03 By dcleting the length of time (Mmc 30 days) between the second and fifth boxes (Determination of completeness by Staff and Community Development Board (decision), respectively). By adding a length of time between the second and third boxcs (Dctermination of completeness by Staff and Dctcrmination of sufficiency by Devclopmcnt Review Committee (Review), respectively) to read Max. 18 davs. By adding a length of time, Ma'X. 33 days, between the third and fifth boxes (Determination of Sufficiency by Development Review Committee (Review) and Community Development Board (Decision), respectively). Section 20. Article 4. Division 4. Section 4-404 Community Development Board decision is hereby amended as follows: Section 4-404. Community dcvelopment board decision. Upon receipt of the recommendation of the community development coordinator. the community development board shall review thc application, the recommendation of the community development coordinator, conduct a quasi- judicial public hearing on the application in accordance with the requirements of section 4-206 and grant the approval, grant the approval subject to specified conditions or deny the application for development approval. The review and public hearing shall be held within ~ 33 working days after determination of completeness and sufficiency, unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall render a decision not later than 70 days after the initial hearing unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements set out in Articles 2 and 3 including the provisions of section 3-911 in regard to general standards for approval conditions. Section 21. Article 4. Division 4. Section 4-405 Effect of decision is hereby amended as follows: Section 4-405. Effect of a Level Two decision. Approval of a level two approval shall be deemed to authorize only the particular use for which it is issued and shall entitle the recipient to apply for a building permit or any other approval that may be required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the cornmunity development coordinator that II Ordinance No. 7106-03 . i , confirms the community development board's decision and shall be erlective upon the date of the board meetinl1. when thc decision was rendered. Section .22. Articlc :f. Divisidh. <l': Scctipn' "4-.4'0'6.1-\. ,Chanl!cs to Level Two . \ . . ". " ~ Dcvelopmcnt Approvols is,I.ler~by.~.lI.ncil,d~d\as 'loHows{, :~; ::.. , ~' . . . ,1.::..11:';: J:"~'J>,.;tiJlt)l,r:. ,+' --. ;\,' ". . . . ;~.....'..""_' _.....-~.r.....~.:l..'. ....J . A Minor revisions. The co~bil~~:iij{1:~e\ltRl~)Hn!Hi too~'dinator is authorized to al io'\v'ni.in~r rcvlsiohs;'tQ <II) ~ppro\'edL~vt.;1 T,w.o";.\i)P1:o'vc~i aficr l'l'l't'i p1' {l I' comments from the qcveld'p(11~1~fX~~!f~~~c.~n}~~11ttce. A minor'revision is one which: . . -.,.,... . I. Docs not alter the location of any ffiaHr walkway private street and/or driveway by more than fWe 20 feet. 2. Does not changc the use unless such change is of a similar or less intcnsity. as determined by the Community Dcvclopment Coordinator. 3. Docs not incrcasc the dcnsity or intensity of the development 4. Docs not rcsult in a reduction of setback or previously required landscaping landscape area. 5. Docs not result in a substantial change to the location or a strw.:turc previously approved. 6. Does not result in a material substantial modification or the cancellation 01' modification of any condition placed upon the use appl ication as originally approved. 7. Does not add property to the parcel proposed for development. 8. Does not increase the height of the buildings in a manner that will chanl4.~ the overall height of the proiect. will not alter the scale or the proiect. dues not exceed the maximum height permitted in by the applicable spcL:ial area plan and zoning district. 9. Any other minor revision that does not substantiallv alter the character and design of the proiect. * * * * Section 23. Article 4. Division 4. Section 4-407 Expiration of approval is hereby amended as follows: Section 4-407. Expiration of a Level Two approval. Unless otherwise specified in the approval, an application for a building permil shall be made within one yt:ar of the date of the Level Two 'approval. and all required certificates of occupancy shall be obtained within ene two year~ or the date of issuance of the initial building permit. Permitted time frames do nol change with successive owners:, and an An extension of lime to initiate n building permit may be granted by the community developmellt board ~oU\~dinutllr 12 Ordinance No, 71 06.()J provided it is for a period not to exceed one year. is for the project originally approved and provided good cause is shown and documented in writing and only within the original period of validity. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The Community Development Board must receive the request for this extension within the one-year period of validity after the original extension approved by the community development coordinator. Good causes mav include but arc not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays. and the like. In the event a project is governed by a development agreement. the timeframes established in the agreement shall supercede these requirements. The Community Development Board may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the proiect. Amendments which will require no or minor amendments (as provided by Section 4-406.A) may be approved. Amendments which will require a maior revision to the subiect proiect shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this provision. Section 24. Article 8. Definitions and Rules of Construction, Section 8-102 Definitions is amended as follows: ***'" Sign. adopt a park means a sign that recognizes a sponsoring agency which has been given the opportunity to install and maintain landscaping in city rights-of-way or on a city-owned property. . '" * * '" Section 25. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 26. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. ' 13 Ordinance No. 7106-03 Section 27. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 28. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 29. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING S~pt~mhpr &, ?nn1 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: { , f;. " I . .. /, < , I' / / / / . '(. .il i \. r~ .;: (,:.<.:0,( . . Leslie K. Dougall-Side,s Assistant City Attorney . . , (' " Cynthia E. Goudeau City Clerk 14 OrdinllllCC No. 7106-03 I ~~ ORDINANCE NO. 7153-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE DOWNTOWN PLAN WHICH ENCOMPASSES LAND PREVIOUSLY GOVERNED BY THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN AND DOWNTOWN CLEARWA TER PERIPHERY PLAN AND ADDITIONAL LAND CONTAINED IN THE NEWLY EXPANDED DOWNTOWN COMMUNITY REDEVELOPMENT AREA; ADOPTING AN AMENDED DOWNTOWN PLAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.5, to adopt and enforce a specific plan for redevelopment in an urban center in accordance with the Central Business District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the City Commission approved the 1995 Clearwater Downtown Redevelopment Plan on August 17, 1995 and the Downtown Periphery Plan update on April 19, 2001, and it is advisable to update and amend said Plans to reflect both current conditions and current planning principles and stimulate and support both specific and general private sector projects; and WHEREAS, the Plan has been reviewed by the Pine lias County and the local planning agency, the Pinellas Planning Council, and has been approved by both governmental agencies, specifically as to Pinellas County by passage of a Resolution; and WHEREAS, the Community Redevelopment Agency has reviewed the Plan and recommends it to the City Commission, and the Plan shall serve as the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City of Clearwater, and all requirements of Florida Statutes Chapter 163 have been met; and WHEREAS, the Proposed Plan was reviewed by the Community Development Board, which is the land planning agency for the City of Clearwater for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, and the Community Development Board found the Proposed Plan to be consistent with the Comprehensive Plan of the City of Clearwater; and WHEREAS, Resolution No. 02-41 was adopted on August 8, 2002 which declared the area generally east of the Redevelopment District as containing slum and blighted conditions and detrimental to the sound growth of the area: and WHEREAS, the Proposed Plan conforms to the general plan of the City of Clearwater as a whole; and WHEREAS, the proposed Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Plan area by private enterprise; and Ordinance No. 7153-03 WHEREAS, the City Commission of the City of Clearwater has examined the map of the boundaries of the Plan area, a copy of which is attached to this resolution within and part of Exhibit A, and believes upon careful consideration that the map is an accurate representation of the boundaries of the area; and WHEREAS, the City Commission finds it necessary to adopt the map as the official map of the boundaries of the Plan area; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Downtown Clearwater Plan attached hereto as Exhibit "A" is hereby adopted. The Plan is a modification of the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City of Clearwater adopted by Ordinance No. 2576-81 and amended by Ordinance No. 3021-83, Resolution No. 95-65, Resolution No. 96-48, Resolution No. 98-10, Resolution No. 98-47, and Resolution No. 99-35. The proposed amendment conforms to and complies with the provisions of the Redevelopment Act, Florida Statutes Chapter 163, Part III, including the provisions of Sections 163.360, 163.361, and 163.362, and all notice and public hearing requirements have been met. In particular, the amendment: . Displaces no families or other residents; . Conforms to the Comprehensive Plan of the City of Clearwater; . Does not create the need for additional parks and recreational facilities; no inadequacies for such parks and recreational facilities now exist or are anticipated to exist in the future in the area; and · Will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Plan area by private enterprise. " Section 2. The City Manager or designee shall forward said Plan to any agency required by law or rule to review or approve same. Ordinance No. 7153-03 2 Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval by the Pinellas County Board of County Commissioners and the Pinellas Planning Council. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: \ .~ ..?.~ .... ~ 01 ,./.. j / / , : /.f: I',. .. /.. . .'"./ V ......J . I . :. .. , . ( ( , ., , . ;. r ,r.1I. . 'it: r . Leslie K. Dougall-Siq~s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7153-03 3 09/17/2003 17:02 n /1':3 11~44 ~ ~ U~ ~ L LUKKY ,....14~t:. t:lJ. Clearwater Neighborhoods Coalition .,f/:J-- "Your Link to a Better NeIghborhood" PO Box 8ZOo1. Clearwater FL 33758-8204 Web Page: http://hotne.tamp@ay.rr.com/ccha Email: clearwatuhomeow..ers@ychoogroups.com \ r\\ \''1 \ -t- ~.\"1\ fA. ~ (,: ~. ~.~ . . ',"I',,' ;.:.::-.;:(;N September 17, 2003 .~, . \ ~ 2003 ,,' I -, ~: _: :."\ . ;,H~ ..:" i{)SNEY Office of the Mayor Offices of the City Commission P.O. Box 4748 Clearwater FL 33758-4748 Dear Mayor and Conunissioners: At its September meeting, the Clearwater Neighborhoods Coalition voted unanimously to support the Downtown Redevelopment Plan as it was amended to include height limitations in Old Clearwater Bay. Since a cornerstone of a successful redevelopment plan for our city is to have people living in or near downtown, Clearwater must remain sensitive to protecting cunent and future residents from inappropriate plans and/or uses which border their living space. It is imperative, for the well- being of both the residential and business communities, that a project is well-suited for a particular parcel and its surroundings. Harmony is not only desirable, it is achievable by being selective and setting parameters. The result will be a healthy, thriving, beautiful downtown Clearwater- a destination place to visi~ and a great place to live. Very truly yours, c/~~ Saundra L. Cuny, President Clearwater Neighborhoods Coalition Cc: Mr. Bill Horne, City Manager Mr. Ralph Stone, Assistant City Manager Mr. Garry Brumback, Assistant City Manager Ms. Cyndi Tarapani, Director of Planning Page 1 of 2 J/?-. Brink, Carolyn To: Commission Cc: Akin, Pam; Goudeau, Cyndie; Blunt, Betty; Reporter Subject: FW: Downtown Redevelopment: Height Limitations )0) .)\'....l.4 , . U !,' -----Original Message----- From: Brink, Carolyn Sent: Thursday, September 18, 20032:56 PM To: 'Saundra Curry' Subject: RE: Downtown Redevelopment: Height Umitations Dear Ms. Curry - Your e-mail has been received and distributed to the Mayor and Commissioners. -----Original Messagemu From: Saundra Curry [mallto:scurry@tampabay.rr.com] Sent: Thursday, September 18, 20032:55 PM To: Clearwater City Commission Cc: B/II Horne; Garry Brumback; Ralph Stone; Cyndi Tarapani Subject: Downtown Redevelopment: Height Limitations I would like to offer some thoughts on the Downtown Redevelopment Plan as it relates specifically to Old Clearwater Bay, and generally to the overall plan. There are three issues: 1) The residents of Old Clearwater Bay are not opposed to redevelopment; they are only opposed to inappropriate redevelopment. I don't think it is unreasonable to find a 100+ foot tall building next to a neighborhood with 1 and 2 story houses incompatible, inconsistent, and unsuitable. 2) I truly appreciate Commissioner Hibbard's sensitivity to this issue, and the height limitations he proposed for Old Clearwater Bay; however, I think 100' (plus 12' for the FEMA line, and up to another 16' on the roof for mechanicals) is still too high for the area ne"rest Cedar St. I would suggest an additional protective buffer for the neighborhood is more suitable for the area, with Cedar St. south to Nicholson Sl. having a height cap of 60'; and from Nicholson St. to Eldredge St. remaining at 100'. Can you imagine a 100 plus foot tall building on the street in back of yours? I would be horrified! I also believe that you can make a shorter, boxier building look attractive, but it is impossible to make a tall building look shorter. Not every project is a suitable for a particular parcel, and it is better to wait than to make a mistake that will last for many decades. 3) You as a Commission are uniquely situated, at this particular time, to determine the future of our city for many generations to come. If you don't set firm parameters for redevelopment (including height limitations) you, by default, turn control of downtown redevelopment over to the developers and future commissioners. As you are well aware, projects that don't fit the box arc brought forth frequently. Why invite controversy and dissension, with its concomitant waste of 9/18/2003 Page 2 of 2 staff time and money, and a lawsuit if you say no? You might argue that there are safeguards: the staff, the CDB, nnd the Commission. I would argue that those entities are only as good, and objective, as the people who serve on them. While I have the highest regard for the current group, you and they will not always be there. The balance could change significantly and detrimentally. If height parameters are put in place, everyone is on a level playing field, and everyone understands what can and cannot be done. This does not rule out the amenities pool and other flexibilities, it only means that there is a cap beyond which the project cannot go. Parameters also mean that future amendments will not be required, since projects won't be considered unless they fit the box. It is not too late to make further changes to the plan. Respectfull y, Saundra Curry 9/1812003 ;.,; -q:F 11- --. MOTION TO AMEND ORDINANCE NO. 7153-03 ON SECOND READING Amend Exhibit A as follows: Amend second paragraph under "Trails," on page 122, as contained in Parks, Open Space and Recreational Amenities Section of Chapter 3, Land Use Plan/ Redevelopment Plan as shown below: "In recognizing the importance of providing alternative transportation and recreation opportunities from the mainland to Clearwater Beach, the Downtown Plan also supports tile creation of the Clearwater Beach Connector Spur. This new trail wHI be construsteG JJ19-11referred route would travel from the existing Pinellas Trail west along Turner Stroet, north on Oak Street to connect with the new Memorial Causeway Bridge, which 110S n dedicated pedestrian/ bike lane. Final determination of the route and its desiqn ~JU_ be made durinq the desiqn process which will include a public education and iDY.9lvomont component." Amond Exhibit B as follows: On page 8, amend the exhibit to include streetscape plans for Osceola Avenue and Fort Harrison Avenue, which were missing from the original Draft Downtown Plan. On page 9, amend the exhibit to include the most current concept plan for Station Square Park. ,JJJ Pamela K. Akin City Attorney September ,2003 MOTION TO AMEND ORDINANCE NO. 7153-03 ON SECOND READING Amend Exhibit B as follows: On page 8, amend the exhibit to include streetscape plans for Osceola Avenue and Fort Harrison Avenue, which were missing from the original Draft Downtown Plan. On page 9, amend the exhibit to include the most current concept plan for Station Square Park. i1~' Pamela K. Akin . City Attorney September , 2003 . . > Co-' u~ ZQZ ~ZO Co-'~- <~oo _II!!::- Q~> "o~ <u" o~ =" . = C': - ~ = ~ = ..... = ~ = Q a.... QJ ..... 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(l) a Ol) C .~ E: .9 ~ = 4) e '0 = <lJ e ~ '0 4) Vl .;; <lJ ~ -.; = % .S '0 lU <lJ ~ '0 = N = o a E: o - - = 4) ~ = <lJ e u 5.g t~ o~ frE-< ~ a l::::- s~ en ~ 1l.9 ~ ~ u 0 .~ 0 '0 ... o ~ t( Q ~ ::> j ~ ~ ., o ~ o ~ ~ e- O .1 ~ Vi . CIl ..... C (l) E "'d C (l) ~ ~ ~ ~ o ~ o Q o ..... (l) CIl (l) .s >, .0 "'d (l) 1-0 '3 0'" ~ ~ CIl (l) Ol) ~ 0. a E:: .... (l) .0 E ::s C (l) ~ ~Je s:: ~ I ... ~ ... ..... .- ..0 :a >( ~ ... c Q.) a ~ .~ g ~a 00 V"l . . EXHIBIT "B" (cont'd) PROPOSED AMENDMENTS TO THE CLEARWATER DOWNTOWN PLAN ORDINANCE NO. 7153-03 AS AMENDED AMENDMENT 5, PAGE 15 OF PLAN THE PLANNING ARE/:\ The Downtown Cleanvater Plan encompasses 539.7 acres comprised of 1.740 parcels of land (see Map 2. page 17). This document serves a dual function as both the Special Area Plan for the entire planning area and as the Redevelopment Plan for 83% (448.7 acres) of the land area that is located within the City's Community Redevelopment Area. Those areas not contained within the CRA boundaries are considered part of the Downtown and are governed by this Plan. This Plan will replace previously adopted special area plans including the 1995 Clearwater Downtown Redevelopment Plan which governed the CRA. as well as the Downtown Clearwater Periphery Plan. originally adopted in 1995 and amended in 2001. This Plan is intended to guide Downtown redevelopment for the next 20 years. Orii!inal and Expanded Community Redevelopment Area The city's original Community Redevelopment Area (CRA). illustrated on Map 1. page 9 . encompassed 247 acres. The blighting factors identified for this area in 1981 include: . A predominance of defective or inadequate street layout by modem standards~ . Faulty lot layout limiting the nature and extent of uses ofproperties~ . Deterioration of sites. buildings. and other improvements~ · Diversity of ownership which prevents the free alienability of economically feasibly sized properties~ . Unusual conditions of title based on large institutional holdings in this area which restrict the market supply and size of private enterprise land~ and · A static tax base. with conditions of ownership which portend a continuing relative decline in the downtown area's values. Over the past 20 years. the CRA has had a positive impaCt on Downtown as evidenced by the public and private investment detailed in this Chapter in the section titled "Investment in Downtown." Certain issues identified above. however. still exist. Additionally. Downtown lacks activity. It has numerous nonconforming uses as a result of the adoption of the 1999 Community Development Code. as well as Brownfields. deteriorating and unattractive infrastructure and lack of housing diversity. These issues combined with the recent slowdown in the economy. the construction of several maior capital proiects and other changing conditions presented an opportunity to redefine the vision and boundaries for the CRA. . 13 Exhibit "B" (cont'd) .,~,.",.,~ .......,.. The most important capital project impacting Downtown is the re-alignment of the new Memorial Causeway Bridge. which is scheduled to open in early 2004. This project. . which is discussed in detail later in this Chapter will have a tremendous impact on Downtown because it will significantly change commuting patterns from the mainland to Clearwater Beach. The other maior issue impacting Downtown is the deterioration of the commercial and residential area east of the original CRA identified as the East Gateway character district and portions of the Town Lake Residential character district in this Plan. Since the East Gateway is a main gateway into Downtown from the eastern sections of Clearwater. its aCL.clcrating decline will have a major affect on the traditional Downtown core. Based on the above factors. the original boundaries for the CRA were reassessed. The City prepared a Findings and Declarations of Necessity Analysis for 20 I acres generally located to the east of the CRA. including land governed by the Southeast and Southwest Expansion Areas of the Clearwater Downtown Periphery Plan. The study clearly demonstrated the need for revitalization outside of the existing CRA boundaries and documented the following conditions: . Poor lot layout relating to size. accessibility and use: . Site and environs deterioration; . Inadequate and outmoded building density patterns: . Defective or inadequate street confi~urations. transportation facilities and parking faci lities: . Excessive emergency calls: . . Unsanitary and unsafe environment: . Excessive violations of the Florida Building Code: . Diversity of ownership; . Falling lease rates; . High residential and commercial vacancy rates; and . Lack of appreciable increase in the past five years of the aggregate assessed values The City Commission and Board of County Commissioners expanded the Clearwater Downtown CRA boundaries to include this area (see Map 1 ). LAND USE CleBlwater's Downtown encompasses 539.7 acres eomprised of 1,7<10 paroels onand. A total of 448.7 aores, or 83 percent of the Plan area, is located within the Community Redevelopment Area (CRA). Map 2, page 17, illustrates the Plan area, as well as the CRA boundary. Downtown is characterized by a variety of uses with varying intensities and densities. . . . .. 14 Exhibit "8" (cont I d) . . AMENDMENT 9, PAGE 49 OF PLAN VISION OF PLAN The intent of the Clearwater Downtown Redevelopment Plan is to provide a flexible framework for the redevelopment of Downtown into a place that attracts people to live. work. shop and play. The principles that ~uided the development of the Downtown Plan are as follows: . The Clearwater Strategic Vision for Two Decades included eleven overall goals one of which is: A vibrant downtown that is mindful of its heritage: . Downtown Clearwater is a maior center of activity. business and governments: . The location of the Pinellas County seat within Downtown Clearwater is a point of civic pride and economic development opportunities. · The revitalization of Downtown Clearwater is critical to the City's overall success. The City will use all tools and incentives available in the CRA to revitalize the Downtown. . . Cleveland Street is downtown's "Main Street" and is valued both for its historic character/setting and as the maior retail street · Downtown will be an integrated community with a mix of retail. residential. office and recreationai opportunities. The development of a variety of residential projects to attract new residents to Downtown is critical to the success of a revitalized Downtown. . Fort Harrison and Osceola A venues should be redeveloped as pedestrian oriented streets and in coniunction with Cleveland Street fonn the maioI' retail core of Downtown: . Downtown's unique waterfront location should be a focal point for revitalization efforts and an orientation for all of Downtown. Views of and access to the water must be preserved: . The existing City Hall site may be redeveloped with uses other than govemmentaVpublic uses to facilitate the renewal of Downtown: . Ouality urban design is critical to new construction and renovated buildings: . . To encourage pedestrian activity. s orne automobile-oriented uses should not be permitted: 15 Exhibit liS" (cont' d) . The Pinellas Trail is a unique resource for recreation and economic development within Downtown: . . The visual and perfornling arts are a vital part of Downtown: . An adequate parking supplY must be available coternlinous with new uses: and . The elimination of blighting conditions and the revitalization of the existing and expanded CRA are critical to the future health of Downtown. These concepts guided the formation of the Plan's goals. obiectives and policies. They also provided the basis for the establishment of character districts. which divide the Downtown into separate geographical a reas and set the parameters for redevelopment. These concepts also provided direction for the tyPes of City strategies. public investments and development incentives that should used to encourage and help facilitate private investment that will make Downtown a place in which all Clearwater residents and tourists can enioy. AMENDMENT 44, PAGE 124 OF PLAN TRANSPORTATION SYSTEM IMPROVEMENTS As outlined in Chapter 2, numerous transportation improvements are currently under . construction or have been approved. Others will result from other Downtown projects. They are illustrated on Map 11, page 125, and are listed below: . New Memorial Causeway Bridge; . Redesignation of Alternate U.S. Highway 19 from Fort Harrison Avenue to Missouri Avenue and to Myrtle Avenue; and . Redesignation of SR 60 from Cleveland Street to the Court/Chestnut Streets Corridor. After the new Memorial Causeway Bridge opens the City will conduct a traffic analysis of the Downtown area to fully evaluate the effect the new bridge alignment has on Downtown. This analysis will include an evaluation of the intersections and roadway segments within the Downtown area to determine the need for transportation enhancements due to an increased capacity. If it is concluded that improvements are needed. the City will determine how to best alleviate any identified impacts on the road network. It should be noted that the traffic analysis prepared in anticipation of the new Memorial Causeway Bridge construction indicated that the Court Street segments between 16 Exhibit "B" (cont' d) . . Highland Avenue and Martin Luther King. Jr. would be delp'aded from a level of service (LOS) of E to F when the new bridge opens. Due to the urban nature of Downtown and the limited ability to make many significant improvements to the street network. the Plan recognizes that a LOS F is acceptable in these limited locations. It should be noted that when the bridge is opened to traffic the State Road 60 designation will shift from Gulf to Bay Boulevard to Court and Chestnut Streets and any roadway improvements to these streets will be implemented by the Florida Department of Transportation. Al\IENDl\'IENT 48, PAGE 130 OF PLAN RELATIONSHIP OF DO\VNTOWN PLAN TO COMMUNITY DEVELOPMENT CODE In addition to the Clearwater Comprehensive Plan. the Downtown Plan is the official statement of policy regarding the Downtown and in particular with regard to the use of land and public policies. All development of land. both public and private. undertaken within the Downtown shall be consistent with and further the goals of the Plan. All new or amended development regulations for Downtown shall be consistent with and further the ~oals of this Plan. . The Plan establishes categories of permitted uses and prohibited uses: based on this Plan. the Community Development Code will enumerate the specific tYpes of permitted and prohibited uses and their related development standards consistent with this Plan. The Plan establishes development potential and height for each character district that will govern all redevelopment activity. The tools identified in this Plan to consider additional development potential (Transfer of Development Rights and the Public Amenities Incentive Pool) may be used to increase the development potential in excess of that speci fied i n t he Character District upon a d etennination that the increase i s consistent with and furthers the goals of this Plan. The Public Amenities Incentive Pool is the only tool identified to consider building height in excess of that set by the character districts. Other than those two tools specified above. the Plan's statements regarding development potential. allowable and prohibited uses and. maximum height shall not be varied except through an amendment tot his P Ian. Although the maximum height established by the Plan cannot be varied. except as described above. the process to reach maximum pemlitted heights within the allowable range is ~overned by the Community Development Code. Any development regulation not specifically addressed in the Plan obiectives. policies. character districts and design guidelines shall be governed by the Community Development Code. However. should there be any discrepancy between this Plan and the Community Development Code. the goals and policies of this Plan shall govern. . 17 Exhibit "B" (cont'd) AMENDMENT 49, PAGE 130 OF PLAN . PUBLIC AMENITIES INCENTIVE POOL Purpose To overcome the numerous constraints affecting redevelopment. the Downtown Plan establishes the Public Amenities Incentive Pool to provide an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for Downtown Clearwater. Elie:ible Amenities All property within the Downtown Plan boundaries will be eligible to use the Public Amenities Incentive Pool. Allocations from the Pool will be available to projects that provide one or more improvements and/or fees in-lieu of certain improvements that provide a direct benefit to Downtown revitalization. There shall be a correlation between the amount of the bonus and the incentive provided and the actual bonus amounts shall be set forth in the Community Development Code. The allocation of increased density or intensity through the Pool shall be at the discretion of the City as determined through the Community Development Code site plan review process. The tyPes of amenities eligible for density/intensity bonuses may include. but are not limited to: . Residential uses in the Downtown Plan area: . Ground floor retail in the Downtown Core Character District: . Uses in particular locations and/or mixed use projects that further the Plan's maior . redevelopment goals and character district vision~ . Day care facility: . Portion of project reserved for Affordable Housing: . Significant Public Space on site: . Public Art on site: · Preservation of a historic building to the Secretary oflnterior's Standards: . Construction of public parking on site: . Cultural or Perfomling Arts Facility on site: . Contributions to Master Streetscape and Wayfinding Plan: . Contributions to Coachman Park or Station Square Master Plan: . Contributions to Pinellas Trail or connector trails: . Contributions to public parking facility: or . As detemlined by the City Commission. Amount of Development Potential in Pool The amount of floor area and dwelling units available in the Pool is created by the difference between the development potential allowed by the sum total of the potential prescribed by the 1995 Clearwater Downtown Redevelopment Plan. Downtown Clearwater Periphery Plan Update. and the underlying land use categories of areas not 18 Exhibit "B" (cont'd) . . governed by one of these Plans as compared to the development potential pern1itted in this Plan. The methodology used to determine the amount of the Pool is contained in the Appendix 7. The amount of densitvlintensity available in the Pool is as follows: . 2.326 dwelling units and . 2.119.667 square feet of floor area for non-residential uses. In the event that either the total number of dwelling units or non-residential square feet available in the Pool is substantially or completelY allocated. the City shall determine whether or not to allow a conversion of all or part of the remaining potential between dwelling units and non-residential floor area. In its sole discretion. the City shall establish the conversion methodology. When all of the development potential in the Pool has been allocated. the Pool will cease to exist. Upon the Pool's termination. the only tool to increase density and intensity that will remain available is the use of Transfer of Development Rights. . If the Pool is completely allocated during the valid term of this Plan. the City may elect to study alternatives to replenish the Pool. The alternatives studied may include. but are not limited to. a reduction in all or parts of this Downtown Plan area to create development potential or an evaluation of available facility capacity which would facilitate increased development potential in all or parts of the Downtown Plan area. It is recognized that replenishing the Incentives Pool may require the review of the Pine lias Planning Council and the Board of County Commissioners in their capacity as the Countywide Planning Authority. Pool Allocation Process The allocation of additional densitylintensity shall be made in conjunction with a site plan application reviewed by the Community Development Board (CDB) through a process defined in the Community Development Code. The COB will be responsible for ensuring that all projects utilizing the Pool meet the goals. objectives and policies of the Plan and is in keeping with the vision established for the character district in which the project is located. The COB may consider granting an increase in the maximum building height specified in a character district if the developer of a site plan application provides a maior public amenity as defined in the Community Development Code. and the increase in height does not exceed 20% of the maximum pennitted height or a minimum of ten feet. Development potential obtained through the Pool shall not be transferred to any other site under any circumstance. . 19 Exhibit "B" (cant' d) AMENDMENT 50, PAGE 130 OF PLAN Strategy 4: Amend the Community Development Code to establish the Public Amenities Incentives Pool. The eligible Publio Amenities shall be directly related to implementation of the goals of this Redevelopment Plan and may inolude, but are not limited to: . Day care faoility; . Portion of project reserved for Affordable Housing; . Significant Public Spaee on site; . Public Art on site; . Preservation of a historic building to the Secretary of Interior's Standards; . Construction of pub lie parking on site; . Cultural or Performing Arts Facility on site; . Contributions to Master Streetscape and \lfayfinding Plan; . Contributions to Coaohman Park ar Station Square Master Plan; . Contributions to Pinellas Trail or eOtm.eetor trails; . Contributions to public parking facility; aRd . As determiaed by the City Commission. The criteria for awarding density/intensity inoreases fr-om the Incenti'le Pool shall be based on the following oriteria: that the project is oonsistent with the Redevelopment Plan; the degree to which the project eontributes to the desired character of the Downtown area and the character district in \'Ihian 10('lated; the size af the incentive granted shall be related ta the value of the project to the Downtown gaals, aDjeotives aRd policies. AMENDMENT 54, PAGE 163 OF PLAN TAX INCREMENT REVENUE PROJECTIONS Introduction Chapter 163, Part III, Florida Statutes, authorizes the County to approve the use of tax increment revenues for community redevelopment. According to the statute, the assessed valuation of the parcels noted on a certified tax roll within the CRA is "frozen" as of a specified date; after this base year, all ",uture increase in tax revenues may be used by the CRA for approved redevelopment projects. These revenues may be used to purchase property, improve property, or used as security for bondS. In t he case 0 f t he e ity of e learwater's recently approved expanded C RA, the e ounty must first approve the CRA's Redevelopment Plan, and upon adoption of this Plan by the City and County, a request can be made to the County by the eRA for the creation of a Redevelopment Trust Fund. 20 Exhibit "B" (cont'd) . . . . Prior to establishing a Redevelopment Trust Fund, the CRA must (according to Florida State Statute 163.386) submit a list of each parcel, by parcel 1.D. number that lies within the CRA district to the Pinellas County Appraiser's office. The Appraiser's office will certify the list and prepare to code each parcel for the base year to be established when a trust fund is approved. Historical Overview In its 20-year history. the CRA has been a critically effective tool in positioning downtown for redevelopment. In the 1980s. the tool was heavily used to purchase key real estate properties and conduct multiple capital projects. A slowing real estate market in the 1990s combined with the loss of several properties from the tax roll due to institutional investment produced a dramatic drop in the tax increment affecting the CRA's ability to implement major projects. However. during this time. the CRA continued to facilitate projects downtown concentrating on parking alternatives and beautification projects. The CRA is currently seeing visible signs of improvement with increases in property values in each of the last three years. Planned and future redevelopment projects coupled with the City's infrastructure improvements will serve to develop the tax base further. . The City of Clearwater's CRA was established in 1981, with the taxable property value totaling $84,658,490 frozen in 1982. Tax Increment Financing (TIF) revenues commenced in 1983 with approximately $56,000. The CRA increment increased quite rapidly through 1989 with revenue at approximately $801,000. The tax increment peaked during the period 1989 through 1991 a nd fell quite dramatically through to 1998 with revenue down to $251,000. Since 1999, the increment has continued to rise. Most recently, tax increment in 2003 rose to $840,549. Overall, the tax inorement has seen an average yearly increase of 19 percent oyer the last 20 years. Between its peak in 1989 and its low in 1998, the tax roll lost roughly $54 million in value. This period of decline may be explained by the fact that multiple buildings within the CRA were taken off the tax roll, including the original Mass Brothers Department Store (now the Harborview Center), the Fortune Federal Savings and Loan Building purchased by Pinellas County, and the Oaks of Clearwater Retirement Center and Nursing Facility. These transactions alone accounted for over $22 million dollars of valuation. Additionally, in 1993, many Church of Scientology properties totaling roughly $24 million were taken off the tax roll. Overall, throughout the last 20 years, the tax roll experienced an average annual increase of 3.21 percent. . The benefits of having TIF in place during these years cannot be overlooked, as it allowed the CRA to spend the ensuing years stabilizing the Downtown area in preparation for a major redevelopment program which is now underway. The CRA has collected a cumulative total of $9.9 million in increment revenues since its inception in 1982. The maiority of these funds ($7.9 million) were used for Several important capital projects and improvements undertaken iflelude including the land acquisitions. Administration costs have totaled $1.6 million (16% of revenues) with revenues from the 21 Exhibit "B" (cont'd) sale of properties funding parking, beautification, and other incentive programs. roF--the Park Street Garage and the City's Municipal Services Building, Cleveland Street and . Coachman Park beautification improvements, and various fa'Yade improvement grants. Many of the CRA's capital projects o' ~urred in the 1980s. During these years, the CRA concentrated on acquiring properties .u eliminate slum and blight conditions downtown as well as finding viable uses for properties that became vacant. The CRA was instrumental in acquiring key parcels such as the City's Municipal Services Building and Harborview Center sites. In addition. the CRA played a major role in advancing parking alternatives including the Station Square parking lot and Park Street Garage. Table 10 below identifies the CRA's Capital Improvement Projects over the first twenty years of its history. In the 1990s. the CRA focused its efforts on investments that spurred private development especially by providing parking solutions for downtown. The CRA has reimbursed the City parking system so that free parking in two city lots and on weekends was provided. The CRA has also offered parking incentives that have been successful in retaining high profile companies with over 100 employees. Furthermore, the CRA has subsidized the Jolley Trolley. a non-profit trolley system, to provide reduced rate service between the downtown and the beach. The CRA has also been actively involved in the beautification of downtown. The CRA has coordinated a Facade Improvement Grant Program that has provided over $100.000 worth of exterior improvements to 36 buildings in the Downtown. Additionally. the . CRA provided funding for the Cleveland Street Streetscape in past years as well as the renovation and beautification of downtown parks. In the last four years, the CRA has paved the way for significant private investment. Two examples include the CG! complex and Mediterranean Village Towhomes. The construction of the 50,907 square foot CGI (formerly IMR) office building with a 77,889 research and development facility reflects a $50 million investment. Similarly, with the Mediterranean Village in the Park Townhomes, the CRA purchased the land and is paying impact fees, permit fees, utility connections fees and stomlwater fees for this 100- unit residential project worth $18 million next to the City's Town Lake. These are examples of CRA funds strategically used to eliminate slum and blight conditions and redevelop these sites into viable properties. 22 Exhibit "8" (cont'd) . . Table 10 Community Redevelopment Agency Schedule of Capital Outlay and Improvements Fiscal Years 1982 - 2001 . , ... . , , .1 ".. .:T.'m' e' P.e. r'..o' d.',...'. .1'. '. ::_' ',' .Proiect::' ," ,;,:';.:'" .. '-':'.. .. "Cost' .. \\ Enhancement and beauti fication of downtown parks including parking area west of City Hall. Bayfront Tennis Complex. and Coachman Park FY 1984 - 1986 $ 9.989 Acquisition of property for JK Financial project. Clearwater Square complex. S.E. Corner of Garden Ave. and Cleveland Street (Atrium) FY 1985 $ 1.083.362 Construction of Park Street parking garage with 195 public parking spaces FY 1985 - 1986 $ 1.241.057 Revision of downtown redevelopment plan FY 1986 $ 5.825 Landscaping of Park Street parking garage FY 1986 $ 23.375 Acquisition of Bilgore propertv bounded by East Avenue. Pierce Street. Myrtle Avenue. and Park Street (Location of new MSB Building) FY 1986 $ 691.852 Coachman Park Improvements - extensive renovation including terrain modification. brick walkways. landscape materials. and irrigation. FY 1987 $ 100.011 . Cleveland Street streetscape project - oak trees. decorative brick. tree gates and guards for the 500. 600. and 700 street blocks. Phase 1 FY 1987 $ 27.000 Coachman Park bandshell project - CRA portion of entire project FY 1987 $ 12.061 Acquisition of CET A building site - 1180 Cleveland FY 1988 $ 450.000 Downtown sidewalk project - antique lamp pole lighting fixtures FY 1988 $ 17.647 Cleveland Street streetscape project - decorative brick. planters. trees - the 400 through 700 street blocks. Phase 2 FY 1988 - 1990 $ 342.555 Downtown electrical improvements FY 1988 $ 7.500 Acauisition of Clearwater Towers MASl project site (Station Sq. Park) FY 1989 $ 229.278 Development of Cleveland Street minipark adjacent to new Clearwater Towers Building (Station Square Park) FY 1989 - 1990 $ 230.000 Purchase of Maas Brothers propertv (Harborview/SteinmarO FY 1992 $ 1.926.710 Purchase of Krayis propertv (Station Square Parking Lot) FY 1992 $ 357.058 . Parking lot expansion - Kravis propertY (Station Sauare Parking Lot) FY 1993 $ 67 .518 23 Exhibit "B" (cont'd) Dimmitt propertY purchase (Mediterranean Village Townhomes) FY 2000 $ 1.171.328 . $ 7,994.126 The redevelopment of downtown Clearwater is at a critical point in its history. In order to revitalize downtown. additional housing units and infrastructure improvements are needed. CRA tax increment revenues are crucial to entice private investment and provide incentives that make a project feasible. A example is the City's recent selection 0 fa developer for an infill condominium and retail project adjacent to Station Square Park. The CRA plans to use TIP funds to assist this project. In conjunction with the City's capital improvement program. these investments will encourage private development and pave the way for continued downtown redevelopment. TIP will be one of the tools that will make these proiects successful Redevelopment Objectives On a very conservative basis, the original and expanded CRA district is projected to increase in value substantially over the next 20 to 30 years. This is driven primarily by the accelerating demand for new urban housing within the Downtown and adjacent beaches, and the strategic economic development goals and objectives of the City Commission. The Commission envisions a "destination" Downtown to be enjoyed by both residents in the region and tourists to our beaches. This redevelopment strategy was implemented by the City in 2002, and details the investment opportunities now available on several key redevelopment parcels and a large . array of prime infill parcels. Several potential projects are described below: . Calvary Baptist Church "Bluff' Parcels on Osceola Avenue-Accounts for 137,510 square feet or 3.16 acres, this parcel is designated in the Downtown Core District for a FAR of 4.0 or 70 units per acre, which would generate up to 550,040 square feet of redevelopment or over 220 residential units. Additional square footage of retail uses and residential units may be available through the Public Amenities Incentive Pool. · City Hall on Osceola Avenue-Contains approximately 130,000 square feet or 2.98 acres, this parcel currently houses City Hall, but the Commission has indicated that it would be made available for redevelopment if it were a key component of a quality redevelopment proposal with the adjacent parcels. This parcel could be developed at aFAR of 4.0, 'Nhieh oould be de'leloped with up to 520,000 square feet or over 208 housing units. Additional square footage of retail uses and residential units may be available through the Public Amenities Incentive Pool. Sale of the City Hall site will require approval ofa referendum by Clcanvater voters. 24 Exhibit "B" (cont'd) . . . . . bee ArnoldIBrown Parcel at Drew StreetIFort Harrison and Osceola Avenues- An announced redevelopment site containing 70,131 square feet or 1.61 acres. According to published reports, the developer envisions a high-rise condominium, a boutique hotel and ground floor retail uses. Potential for development on this site is over 280.000 square feet. 112 units. or 152 hotel rooms. . AmSouth Block between Osceola Avenue, Fort Harrison Avenue, Cleveland Street and Drew Street or "Superblock" Parcel-Contains one large parcel, along with a few smaller properties. In total, the greater parcel contains could ultimately contain approximately 210,000 178.000 square feet or ~ 4.1 acres. Development potential at this site could be over 712.000 square feet or 287 units. . Harborview Parcel at Cleveland Street and Osceola Avenue-This City-owned 113,400 77.000 square foot or ~1.8-acre parcel, currently houses a 54,000 square foot Stein Mart Department Store, the City's civic and conference center space, the Pickles Plus Restaurant along with an adjoining small parking lot. It is envisioned that some time in the future, Stein Mart would be relocated to another Downtown site, and the structure demolished for redevelopment as a major mixed-use development with a combination of retail, entertainment, hotel, and conference destination space. The Commission has interest in redeveloping the parcel if a quality developer can be identified who would meet the stringent requirements for redevelopment on this critical parcel. Sale of the Harborview site will require approval of a referendum by Clearwater voters. . Station Square Parking Lot Infill Parcel on Cleveland Street-Currently used as a City surface parking lot, this prime redevelopment parcel is owned by the CRA and has been offered to the public for redevelopment. The parcel contains 35,969 42.124 square feet or ~ 0.97 acres, and is envisioned as a site for a garage structure (including public parking), offioe use retail. restaurant. and residential units. Development potential at this site could be over 168.000 square feet or 67 units. . Town Lake Area between Myrtle and Missouri Avenues-This Downtown area; approximately 159 aeres, surrounds the new urban Town Lake that has recently been completed by the City. The initial private redevelopment project in the area under construction is the 100-unit Mediterranean Village in the Park townhouse project. This area has been identified by developers as a prime location for future infill townhouse and apartment projects due to its proximity to the beaches, regional employment centers, and the fact that a housing product can still be developed at a $150,000 to $300,000 price range, which accommodates the needs of many young professionals, young families and empty nesters. It is also envisioned that the adiacent Town Lake Business Park District might attract additional professional office users to expand the campus office setting now in place at the CGI office complex. 2S Exhibit "Bft (cont'd) . East Gateway-Between Missouri and Highland Avenues and lying within the . recently expanded eRA district are multiple infill parcels that over time will become attractive for redevelopment. Tax Increment Revenue Projections Based on this overview, it is evident that the CRA has the potential for developing several million square feet of development over the next two decades, including the attraction of up to 1,000 new urban housing units in the next five to ten years in the downtown core which will attract act as a catalyst for a substantial amount of new office use, retail and entertainment establishments. If all of these projects described above are realized, the increase in the tax roll could be upwards of $390 million. However, while ew: opportunities are outstanding, it is the intent of the CRA to proceed forward cautiously with our TIF projections. The TIF projections are calculated separately for the original CRA and the expanded CRA because the base years for the property values are different. The CRA envisions continuing to use Tax Increment Financing dollars for capital projects in the original and expanded CRA. TIF is identified as one of the funding sources for several capital and infrastructure improvement projects outlined in the Capital Improvement Projects (eIP) section of this plan. These projects include the Cleveland Street, Fort Harrison, and Gulf to Bay Streetscapes and the Gulf to Bay Boulevard and . Highland Avenue Gateway Intersection. In addition, TIF will be used for paying impact fees, "buying in" of public parking in private projects, assembling redevelopment sites, purchasing land and/or buildings, and fa9ade improvement grants. Tax Increment Revenue Proiections for the Original CRA District The tax increment projections for the original CRA district are based on a yearly variable percentage increase of the tax roll valuation over a 30-year period. Increases in annual percentages reflect estimates of when major projects, described above, come on line. For the purposes of these projections, we assumed that the city and county millage rates remain constant. The base year for calculating this increment is 1982. An estimate from 2004 through 2033 projects that property values will rise and that new projects will come on line resulting in $195 million in property value added to the tax roll. This corresponds to a cumulative tax increment of over $64 million over 30 years. Again, millage increases, additional new development, and increases in assessed property values will may result in greater returns. A summary table of the tax increment financing projections follows detailing the city and county portions of the revenues. 26 Exhibi t "B" (cont' d) . . . . Tax Increment Revenue Proiections for the Expanded CRA District Similar to the original CRA district, the expanded eRA district TIP estimate is based on a yearly variable percentage increase of the tax roll valuation over a 30-year period. Given that this area is predominantly residential, it is not expected that the values in the area will rise significantly. In fact, we the estimated an annual average increase of the tax roH is e.f 1.42 percent. Property values are expected to rise and new projects will come on line resulting in a $37.9 million in property value added to the tax roll. This corresponds to a cumulative tax increment of over $7 million over 30 years. The key to successfully redeveloping and stabilizing the new CRA Expansion District is to maintain the city's and county's TIF allocation at the 100% level. The CRA anticipates needing to allocate TIF dollars from the original district to "leverage" redevelopment in the expansion area. Any reduction in county TIF aHocation would negatively impact the success of downtown Clearwater. A summary table ofthe tax increment financing projections foHows detailing the city and county portions of the revenues (pages 169 - 170). 27 Exhibit "B" (cont'd) Table 19 Tax Inerement F' . Original Communi~;:~n.~ Projeetions 39 ~ .? e e. elopmfnt Area \.!eaf: ear PrOjeetlon from 2993 2933 2-GW Tax Roll ValuatioB i!OO4 $153,278,689 Tax Ine.emenl . ~ $157,877,949 $849,549 i!OO6 $163,492,737 $896,876 i!OO+ $169,938,846 $964,562 i!OO8 $177,586,994 $1,044,625 i!OO9 $186,465,399 $1,\38,298 ;WW $196,729,996 $1,247,963 i!QH $298,524,256 $1,372,687 ~ $218,959,469 $1,517,269 2GH $227,798,487 $1,644,983 iWl4 $234,539,742 $1,752,262 ~ $239,239,537 $1,835,949 20M $244,915,148 51,893,399 i!lll-7 $248,895,459 $1,952,998 i!GHI $253,873,359 $2, 9 II, 788 2l>>9 $258,959,827 52,072,764 i!9i!G $264,129,843 52,134,959 ;!QiH. $269,412,449 $2,198,398 i!Q;g $274,800,689 52,263,107 ;!lIB $289,296, 793 $2,329,109 i!W4 $285,992,637 $2,396,431 ~ $291,629,689 $2,465,100 2006 $297,453,103 52,535,142 i!Oi!+ 5303,492,165 52,696,585 ~ 5309,470,209 $2,679,457 i!G;I9 5315 ,659,6 \3 52, 753, 786 ;!l)3O 5321,972,895 52,829,602 ~. 5328,412,261 $2,906,934 ~ 5334,989,596 $2,985,813 i!OB 5341,689,116 53,966,269 Cn_l.li"" Total $348,51~ $3,148,335 Addlll..... T. R ' $3,232,942 Aver.g. YO.I; .:11 \aln. ......1903 1164,716,'41 As........IiORS .......In V.llne 5195,135,039 I. 8... YO" i. 1982 .1 584 65 1.(;9 p....en. 2 CeWlty d fl. ' 8,490 . 8ft Ity millage Fitte is eaRstant . . 28 Exhibit "Bft (cont'd) . . Ta~le 1 ~ng Projeetions t Flnanel ... eo Tax Ineremen .. Redevelopment. ..r d {;ommunlt} 3 ~033 Expendo-.. .p 'oolion from 200 ' . . Tex Inoremont 30 :Year rOJ . R II Veloetien B"". Year Tax 0 $72,258,935 $8, 165 $72,981,521 $16,411 $73,711,]40 $33,06~ $75,185,566 S50,066 $76,689,278 $76,05 $78,989,956 $102,832 $81,359,655 $121,218 $82,986,848 S139,972 $84,616,585 $154,318 $85,916,284 $168,880 $87,205,028 $183,661 $88,513, 1 03 $198,663 $89,840,800 $213,890 $91,188,412 $229,345 $92,556,238 $245,033 $93,911,582 $260,955 $95,353, 750 $277, 117 $96, 784,056 $288,053 $97,751,897. $299,098 $98,729,416 $310,254 $99,716,710 $321,521 $100,713,877 $332,991 $101,721,016 $3H,395 $102,738,226 $356,003 $103,765,608 $367,728 $104,803,265 $379,570 $105,851,297 $391,531 $l()6,909,810 $4()3,611 $107,978,908 $415,812 $109058,697 $428,134 5119:149,284 57,118,256 537,890,349 1.39 pereent ~ ~ ~ ~ ~ ~ ~ ~ 2GW ~ ~ ~ 2m4 ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ m& 2009 ~ ~ ~ ~ Cumulative Tota~ II Value sinee 2003 AdditioB iB Ta~ IB:rea5e iB Value . Average Yearl) Assamphons. 3. 1. Base year IS 2~ millage. rate is eenstant 2. COllRty 8lld Clt). . . . 29 Exhibit "B" (cont'd) Table 11 Tax Increment Revenue Proiections Oril!inal Community Redevelopment Area 30-Year Proiection from 2003-2033 Year Tax Roll Valuation 2003 $153.278.680 2004 $157.877.040 2005 $163.402.737 2006 $169.938.846 2007 $177.586.094 2008 $186.465.399 2009 $196.720.996 2010 $208.524.256 2011 $218.950.469 2012 $227.708.487 2013 $234.539.742 2014 $239.230.537 2015 $244.015.148 2016 $248.895.450 2017 $253.873.359 2018 $258.950.827 2019 $264.129.843 2020 $269.412.440 2021 $274.800.689 2022 $280.296.703 2023 $285.902.637 2024 $291 .620.689 2025 $297.453.103 2026 $303.402.165 2027 $309.470.209 2028 $315.659.613 2029 $321.972.805 2030 $328.412.261 2031 $334.980.506 2032 $341.680.116 2033 .$348.513.719 Cumulative Total City Taxes at 100'/, $394.772 $421.226 $453.016 $490.618 $534.613 $585.695 $644.696 $712.600 $772.582 $822.967 $862.267 $889.253 $916.779 $944.855 $973.493 $1.002.704 $1.032.499 $1.062.889 $1.093.888 $1.125.507 $1.157.758 $1.190.654 $1.224.207 $1.258.432 $1.293.342 $1.328.949 $1.365.269 $1.402.315 $1.440.103 $1.478.645 $1.517.959 $30.394.551 Addition In Tax Roll Value since 2003 Averaae YearlY Increase In Value AssumDtions 1. Base year is 1982 at $84.658.490 2. County and city mlllaae rate is constant 30 Exhibit "Bn (cont'd) County Taxes at 100'/. $421.397 $449.635 $483.568 $523.707 $570.668 $625.196 $688.176 $760.660 $824.687 $878.470 $920.421 $949.227 $978.609 $1.008.579 $1.039.149 $1.070.329 $1.102.134 $1.134.574 $1.167.663 $1.201.414 $1.235.840 $1.270.955 $1.306.772 $1.343.305 $1.380.569 $1.418.578 $1.457.347 $1.496.892 $1.537.228 $1.578.370 ~1.620.335 $32.444.453 DDB Taxes $68.620 $73.219 $78.744 $85.280 $92.928 $101.807 $112.063 $123.866 $134.292 $143.050 $149.881 $154.572 $159.357 $164.237 $169.215 $174.292 $179.471 $184.754 $190.142 $195.638 $201.244 $206.962 $212.795 $218.744 $224.812 $231.001 $237.314 5243.754 $250.322 $257.022 .$263.855 $5.283.252 . Total Tax Increment 1950.10 of Taxes} $840.549 $896.876 $964.562 $1.044.625 $1.138.298 $1.247.063 $1.372.687 $1.517.269 $1.644.983 $1.752.262 $1.835.940 $1.893.399 $1.952.008 $2.011.788 $2.072.764 $2.134.959 . $2.198.398 $2.263.107 $2.329.109 $2.396.431 $2.465.100 $2.535.142 $2.606.585 $2.679.457 $2.753.786 $2.829.602 $2.906.934 $2.985.813 $3.066.269 $3.148.335 ~3.232.042 $64.716,143 $195.235,039 2.78';' . . . . Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Cumulative Total Table 12 Tax Increment Revenue Proiections Expanded Community Redevelopment Area 30- Year Proiection from 2003-2033 Tax Roll Valuation $72.258.935 $72.981.524 $73.711.340 $75.185.566 $76.689.278 $78.989.956 $81.359.655 $82.986.848 $84.646.585 $85.916.284 $87.205.028 $88.513.103 $89.840.800 $91.188.412 $92.556.238 $93.944.582 $95.353.750 $96.784.056 $97.751.897 $98.729.416 $99.716.710 $100.713.877 $101.721.016 $102.738.226 $103.765.608 $104.803.265 $105.851.297 $106.909.810 $107.978.908 $109.058.697 $110.149.284 City Taxes at 100.1. $4.157 $8.356 $16.837 $25.488 $38.724 $52.356 $61.718 $71.266 $78.571 $85.985 $93.510 $101.148 $108.901 $116.770 $124.758 $132.864 $141.093 $146.661 $152.285 $157.965 $163.701 $169.495 $175.347 $181.258 $187.228 $193.257 $199.346 $205.497 $211.709 $217.983 $3.624.234 Addition In Tax Roll Value since 2003 Averaae YearlY Increase In Value Assumotlons 1. Base year is 2003 2. County and city millaae rate Is constant 31 Exhibit uB" (cont'd) County Taxes at Total Tax Increment 100.1. (9S.I. of Taxes) Base Year $8.165 $16.411 $33.069 $50.060 $76.056 $102.832 $121.218 $139.972 $154.318 $168.880 $183.661 $198.663 $213.890 $229.345 $245.033 $260.955 $277.117 $288.053 $299.098 $310.254 $321.521 $332.901 $344.395 $356.003 $367.728 $379.570 $391.531 $403.611 $415.812 $428.134 $7.118.254 $4.437 $8.919 $17.972 $27.207 $41.335 $55.888 $65.880 $76.073 $83.870 $91.784 $99.817 $107.970 $116.246 $124.646 $133.172 $141.825 $150.609 $156.552 $162.555 $168.618 $174.742 $180.927 $187.173 $193.482 $199.855 $206.291 $212.791 $219.356 $225.987 ,5232.685 $3.868.664 $37,890.349 1.42~. AMENDMENT 55, PAGE 174 OF PLAN APPENDIX 2 DOWNTO\VN MILESTONES Actions and Public Review of this Redevelopment Plan August 8, 2002 City Commission approves Findings of Necessity for Expanded Community Redevelopment Area. . . . . . . . . . . . .. July 30, 2003 Second Public Input Meeting on Design Guidelines Aueust 4. 2003 Clearwater Neiehborhoods Coalition Meetine on Downtown Plan Aueust 5. 2003 Special City Commission Worksession on Downtown Plan Aueust 6. 2003 Downtown Development Board Meetine on Downtown Desien Guidelines August 18 September 2, 2003 Community Redevelopment Agency Public Hearing to review the Downtown Plan August 21 September 4, 2003 City Commission Public Hearing to review the Downtown Plan (1st Reading of Ordinance) September ~, 2003 City Commission Public Hearing to review the Downtown Plan (2nd Reading of Ordinance) September 16, 2003 Community De"lelopment Board PabUe HeaFiRg to review Desiga Gl:lidelines September 23, 2003 PiRellas CoaRty Commission PabUt! HeaFiRg to reyiew Dawatowa Plan as a redevelop meat plan October 2, 2003 City Commission Pablit! Hearing to review Desiga Guideliaes fl- 1M Readiagof Or-di8an~e) October 7. 2003 Pinellas County Board of County Commissioners Public Hearlne to review the Downtown Plan as the Redevelopment Plan and delegate authority to the City to establish a Redevelopment Trust Fund 32 Exhibit "B" (cont'd) . . . . . . October 13. 2003 Community Redevelopment Aeencv Public "earine to recommend establishing a Redevelopment Trust Fund/TIF for the expanded CRA October 15, 2003 Pinellas Planning Commission Council Public Hearing on Downtown Plan as a Special Area Plan October 16. 2003 City Commission Public "earine to establish a Redevelopment Trust Fund/TIF ordinance (1st Reading of Ordinance) October 16, 2003 C~ CommissioR Publie Hearing to review Design Guidelines ~ Reading of Or<linBnoe) November 4, 2003 Countywide Planning Authority Public Hearing on Downtown Plan as a Special Area Plan November 6. 2003 City Commission Public "earine to establish a Redevelopment Trust Fund/TIF ordinance (2nd Reading of Ordinance) November 18. 2003 Board of County Commissioners hearinl! to authorize the City to use the County's portion ofthe TIF S:\Planning Department\DOWNTOWN PLAN UPDATE\Ordinance and Staff Reports\Amendment to Plan on 2nd Reading\Final Revised Exhibit B con't to Downtown Plan.doc 33 Exhibit "Bn (cont'd) Exhibit "B" (cont'd) - Appendix 8 Downtown-Gateway Strategic Action DOWNTOWN-GA TEWA Y STRATEGIC ACTION PROGRAM Fiscal Year 2002.2003 Program Project Evaluation I $ (e) Status Memorial Causeway Bridge x 54.2M Open to traffic 1Q 20~ Main Library x 20.2M Opening Early 2004 Town Lake Construction x 7.3M Suggestions for names being accepted/Grand Opening Fall 2003 Fort Harrison Avenue Improvements x 5.397M Construction started from project's southern boundary. DOT working with the city to ensure night lane closure doesn't Impact traffic. East Street Railroad Tracks x CSX 2.5 Completed Mediterranean Village (Public Investment) x 1M Phase I broke ground 8/02, expected completion of Phase 1 - 10/03 Calvary Property x Inquiries being received Super Block Property x AmSouth building purchased by 400 Cleveland LLC In 3/03. Earlier this year, the Commission agreed to sell the city owned parking lots on Drew between Ft. Harrison & Osceola to Colliers Arnold if they moved forward with their mixed use project at corner of Drew & Osceola. The Commission will be as. approve the contract ~ sale of this property on 7/17. Update Downtown Redevelopment Plan x Draft released for public Input. Presentations scheduled to DDB 7/2/03, COB 7/15/03, CRA 8/16 & Commission 9/4/03 Character DlstrlctlUrban Design Guidelines x Part of Downtown Plan Street. cape and Wayflndlng Slgnage x 28K Commission approved contract to Bellomo-Herbert for construction drawings for wayfinding slgnage. Drawings to be complete 9/03. Slgnage to be Installed by 1/04 (750K). Gateway Redevelopment Finding. of Nece..'ty Study x BCC approved 10/29/02 - Gateway eRA Expansion Redevelopment Plan x Presented to Commission. Part of Downtown Plan above. Downtown and Bluff Parking Study x 98K Completed. Report received & presented to Commission In June 2002. Commission endorsed the ImPleme.n of the recommendatlo reduced meter times, reorganized & Increased enforcement, Streetscape Plan adds estimated 75 spaces. Looking at options. -~._. - . . . Exhibit "B" (cont'd) - Appendix 8 Downtown-Gateway Strategic Action DOWNTOWN-GATEWAY STRATEGIC ACTION PROGRAM I Fiscal Year 2oo2.:2003lCont'cB I Program Project Evaluation I $ (e) I Status r On-goin~ -. Downtown Propert~ Maintenance x 37K - I I 20K 12,500 copies of the Marketing Marketing x I I brochure distributed. Follow- I ! up calls to be made to i I i i developers. Attending ICSC Conference in August 2003. --- - r-- Downtown Business Retention x Ongoing. City staff coordinating Business Growth Meetings. Downtown Forum created with Chamber, City, Main Street & Downtown Merchants Assoc. I Main Street volunteers visiting businesses. - I Fall Color on Cleveland Street x Ongoing. Change out of lolants scheduled 2x year. Homeless Alternatives x On-going. Public/private Task Force created 10102. Working with Pinellas County Homeless Coalition on a proposed North County Inebriate Family Carel Emergency Center. Support Guideway Phase II x Commission approved contract to Grimall Crawford for Phase II of the studv. Waterfront Marina x 99K Consultant hired to assess the feasibility and permitting process associated with the future design and development of a waterfront marina. Proposed schedule for permit in 2004 and construction in 2005. Multiplex Theater x Ongoing TOTAL 2002 1DD.8M Fiscal Year 2003-2004 Prognlm Project Evaluation S (e) StatuI Parklna Garaa. location x Under analysis. Myrtle Avenue Reconstruction x 13.3M Contract award expected in September 2003. Clearwater West End Connection loon x DOT 3.. Underway bv staff. Plnellas Trail Connection Define Marketable Prooertles for lease x Under analysis. Retail ExDertl../Storefront WOrk.hOD x 10K Planned for late summer. On StrHt Parking by Employ..s x Enforcement Increased. Develop Connection with: x Plnella. County Govemment Meeting held 3/03. City Proclamation presented to County in May 2003. FaIth Based Organizations - - Banks Work with local bank seeking downtown sQace. Main Street Retail Slg!,age x 24K Downtown Publication lquarterly Main Street Update) I x On-going E\!1;bit OoB" (cont'd) - Appendix S Downtown-Gateway Strategic Action -- COWNTOWN-GATEWAY STRATEGIC ACTION PROGRAM Fiscal Year 2003-2004 (Cont'd) : Program: Project; Evaluation! $ (e) I Status - - Station Square Parking Lot Mixed Use Infill Project x ~ I 1M Two RFP proposals received. (Public Investment) I Selection made and . commission will be as r ; approval to negotiate with ; .- - - . .--.------ !~_~~ck G.!?~P~~~t~_.___ .__ - -< -.-- ,- - - _d. - - - -...-.---..--- SleerlngGroup-forrliedwith-- Art District x I I artists. Planning Department I preparing Art District ! , ordinance 10103. - ...---..- -------.-----..- --- -----.------- '- .--_..~-~ UnderwaybY -Charter-Review Charter Review I I X i ; I , i I Committee. -+-- --.-.-------- ======-==::'::::':=::::_==--:-:'_:': - Quali~ ~venl.!lg Restaurant(s) i x i I - -... -. -- - fl!~..Eerty Owners Association , x , - - --==t====---== -- Public Art Ordinance I x , , Cultural Arts Divlsion----- i I preparing Public Art i i I j Ordinance. ~ r:::===: ----------~- Waterfront Design ! I X 1 I Conceptual design of future I i 1 I I waterfront park approved by I I ~ommlsslon in June 2003. I Total 2003 i i I 17.3M , I i I : --- .-. Fiscal Year 2004-2005 i Program I Project I Evaluation S (e) Status : , i I i i ---~------ Public Art Project(s) : x I ! , I i i Remove Industrial Properties i I I I I X I i I ! -'. Key Real Estate Development OE!P-ortunltles/Strategles I x I I I I I i I Drew Street Corridor Study ! I I x I I r i Harborvlew LonR Ran~Dtions I I I x ! 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"n~"-"""~'-'-"'--".-'-"____"'______"~_H_~~__________'__""""___._~"__6'__ ____~_ Exhibit "B" . . . City of Clearwater Sign and Graphics ~ a. '..- " , '-11" ,- 1- iD r -, -, I ~' .' I N1 i Text Height 43/4- and 1112- TRAIL SIGN ON SIMPLE POLE WITH FINIAL TOP Exhibit "8" BEl.lJ..)MLl . Hmll1'll'f #. ...ll....}1 ",:., I'JI t~""')''''.~'.....'i'\ July 23, 2003 . . . City of Clearwater Sign and Graphics \. i:? "'" ~ . "'" 9 ilO DIRECTIONAL SIGN WITH FINIAL TOP AND PARKING SIGN Exhibit" 0" . -, .~ 0,1 ~1 Text Hei~ht 2 1/4' BI!I.UJMU . I h.lwUlI ; ,'" ." ~,1 I', I.. . . ,,!"t' .... ..... ~.. r .' " July 23. 2003 . . . City of Cle.rw.ter Sign and Graphics 9 .". .... 'i" Text Height 5" l' '-- 3'-4' " , \D , '=to " 9 00 \. INFORMATIONAL SIGN WITH FINIAL TOP DI:LWIIlO' 111:t.:~I:Ki , '. I ~ ~ :.. I I .'.' !, , \ " I.h.;.~.~..'~ A'',h,Trl~ro July 23. 2003 Exhibit "8" . . . -/ I (:) I Co / l' - 11 1/2" / L_,-=---=-___"__~____l / '- , I "-r"- -.. \ r ';"-::-.' ....~ "~-~'. ';-.".'1 r:'..'t 9~: '-(5';; ::f I ..... . " . , ." .'" , 'I t'" - . , I ...' t ...' .... / City of Clearwater Sign and Graphics KIOSK SIGN Exhibit "8" l I I I f.... I N / . co , ~ Text Height l 2" / RI-:IHlMll' Hl-wtI"ll'l . 'f I t t'".l I ,. '>. ~ '. ......r.':';J.I1.,.l,f.~.'H~'! July 23, 2003 . . City of Clearwater Sign and Graphics . 2'.0" 1--=t:= 9 b .... "r \0 ~ J l' ~ N -1 PARKING SIGN DOUBLE SIDED ON SIMPLE POLE WITH FINIAL TOP Exhibit" 0" Text Height 10112- ana 2" Bt;LLl'lolIJ' HrnHffiT '_ ....1 .' :,,', I.:.. "~"":,j. v~.......f,:'.t July 23.2003 . . . city of Clearwater Sign and Graphics , b ~ .' ~ , 2'-6" ~. ~tl~,;{~~ r --;'n_n_.'_'__.~_.... ,--.-..---..... I ! ' i , , i , , \ , , DISTRICT PILLAR SIGN "'-'- -- _..~---~------- .-- --.--..----.----- -, · Anna ITC' font Exhibit" B" / . '! Text heights 41/4" and 23/4". BEl.LL.....IO.llfRHEJn ... I~ \' , \,':, ' !.'. 14.....1'~ '''OJ. "'l....,::.. July 23, 2003 . ",rt'l .... "'0 .cc:: .21 ttI OJ: .c::t ~rt'l t!~ i'I"l - .- . . 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'~ LL en Exhibit" 8" . .. a !i ..~ "\:J 0'0 .1: o~ ~,2I .~ VI U . . . City of Clearwater Sign and Graphics '\.- " ~ 3'.4. ~ ~ '\.-- 9 Of' ~: 9 (g ! i I i ,,_~_...__~u_ .....,.... '''__''.''__'''__.,,. ....,.,. Text Height 2 2/3" DIRECTIONAL SIGN WTH FINIAL TOP AND DECORATIVE GLYPH Exhibit "B" BI:.1.u:",IO' HERUERT >'.r f "J1 t') I"';, '.llol:ic..iT I."''' -.nt,..\ July 23. 2003 . ~, ~ ! ' ~ ~ i I i ! i i I~ ! ! I I -1.. . r ,'-l!" ,... , " 2, , . . '1' f ,L 'TI' \ . 1 ! i c" U 'i t.~... t:J :---1 ~, .. .:i t. '. 1 '""t .... it.... -.... -.- f/I~ ~~ : )'oV ,r #- .j i ~ I; i l' ".... 'hl..n.!"'__.'-~~i~. L ; . - I.:'... lV,,, It 1\ ' ,-:.,.. "...'.H....\ \j "'4.' I ;.. I . '__j' ('It"" .. - :~~~/::?:;:'.::,~ t.' ......""~ ;.....n..: .....",.4)1. " . .... .~ --( '(/ ~L \. !i~Hf 1,. U'._. U~ .,',' rt.r. ~'1'4 ,,".t' J' " :/1 1 I R Lr, .~, lr:::J r-'. . f}4T ,. ! it 1:0' .; I I i ! 1 , J Ut"'." , '1-, ',,'1-1. . . "II' ".f .1'." ~ ff ,. ff -. - --. :,~"::,;,~.; \:~ ::.;, to " , 01. C,~.l P~~'~I : \ ,,:.~..' .... 111,,'1 '. .!'I'- I. "'0" H '," ;; (' . ~ . . ~., ...... -... -'!"": ,.. ... ~ ..... .:<0 .. '" ...~ '--............J.N:J ...:.:.a.~ ! :-..1"..- ..f;;"'~,; ~= . ,...,~,...~:::'1t~I'~ .;: i~~(. .' . c...~... " :tt!:;!"A:_~~. e.''!''f .-l J ..' J" " .... ~ . ,~ ... .....~. ..:..' CITY OF CLI:.\R\\';\TER .", 'COf\'CHMAN P.ARI( M.ASTER PLf\N "#' '~!_::.:~~":'!..~-'~~ Exhibit "8" . . EX/STINe, CLEAR- WATER. T OUJE R u . ~ ~ ~nO ~['I .'"-10'-0" ~ 0'" Tel -",,"tL 30. 2003 CITY OF CLEARWATER . ~ SQtl~1I~~RK <> CONCEPT DESIGN ~.J~~ ~ll_fJil!'l.' -- .........-...... -- ........ ,,- .... ........... .........- Exhibit "8" ITEM # (3 . . . ""'. ..l.'" . 13 ORDINANCE NO. 7001-02 Second Reading 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 SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 SR. 590, FROM INDUSTRIAL LIMITED (IL) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Lot 2, South Oaks Fashion Square, according To plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pine lias County, Florida (LUZ 2002-05004) Land Use CateQorv From: Industrial Limited (IL) To: Residential High (RH) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING August 22, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Leslie K. Dougall-Side Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7001-02 Legal Description LUZ 2002-05004 Lot 2, South Oaks Fashion Square, according to plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida, together with the interest of the Owner in and to those certain easements as set forth in that certain Agreement by and between Booth Marketplace, Inc., a Florida corporation and McMullen-Booth, Ltd., a Florida limited partnership, dated November 22, 1988, recorded November 28, 1988, in Official Records Book 6884, Page 602, and amended by Amendment to Agreement dated February 9, 1989, recorded March 2, 1989, in Official Records Book 6947, Page 916. all in the Public Records of Pinellas County, Florida. ~ '" " \ '-. L v..../.J~. ::;:..-.:. ~ '"'" "' \. RL Um ~ RL ~, V~ ~ "'.. . ~~ -':'L ~ H -&"~t~\ IL .~. ~!.p~'\ ~ IL ~f\ \:~.....~.. ~~ "- .~: \ '.T-r- ... '" ,"",' '.~~ ~ ), l,""--.--.~,.~'._'n"'ll.1W1" ,-, ~~~ -- '- ^ ' '! ll:~ ~ '" I~ AI cc \!: U ... ._.v..)1. ~ "" '- ^ IL f"''''''''::.l::!!i. ~.~.i\:\.""":""""'-"""'.. ~ IL ~~~ C. ~I'~: .C.O.,"S .~.....~, r; l. \ .....:::::Jt"""::=-:::,..m:1\: . ~ ~ ....,~ / \ \ \" .,~~~'" : r --' \ \ : :: ,- ~\ ii. --- \\ ..~:,..,...-.::.." - i ..;;:::::::..-.- ....... j J ....<< . " ... 0; ~ VJ "'" '.::.---....-..;: .,.~..... ..,1 - IL' /.~ - . .~-..~.- ~ .~..-.........._... " ,..- .. '. . ~ ~ ~ .l . __..-_.. I u // l/ \\ ~ A ) !, ::=}' \. \ 0 . ,~./1. ,It ~ r..-......,. '~~, = ~ ~ ~..:! .~~::-fK.:.:\.\ ~. .~.r!7 ~: \ r ~~.",.:' \.../ '~ . ~ - - I .... :--""': 'I... J...R/os "'- - - /.: i' II './:IA~ -' -' +- ~~ RU _.....~ - - !{ ~i ii ... - 7 .:.;;.;:: :it:t:::=~' )'" ~ -.JllI 1 Jf ;! --7 L ... ~ ~ '" """ ..: .... ~ 1-1 . ! l: i~: J .. /J (.~ d - -.i- re! ~::; :. flAl' ~ g;- -:;:== T ~ :::. ,': .;17- U = II . I -.\ .':: 0 f) .". ,,:: = ::,F ..-:' f . ; ~ '-= I - ,.~: .f qr f' ~ '" .. - :f"':: ~/' IlL f-- ~ ...I... ~ '= R1 ~ "J \ _ " ,',' I .." - - R/OL .::::~ w.. n~ l.: ..... ,u Cl<\IVE: "EEITTI ~ ST JOl-#o/ OA sr. """'1lIt CN ST .)()>t>j T~ (uO) - RH LAND USE PLAN MAP OWNERS: Bayridge Apartments LLC SITE: 3021 S.R. 590 CASE: LUZ 2002- 05004 PROPERTY SIZE (ACRES): 10.05 FROM: TO: ZONING IRT MHDR LAND USE (IL) Indu8trlal Limited (RH) Residential High PIN: 09-29-16-84343-000-0020 ATLAS PAGE: 274A Ordinance No. 7001-02 (4 ORDINANCE NO. 7002-02 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY lOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF lOT 2, SOUTH OAKS FASHIO\J SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL, RESEARCH, TECHNOLOGY (IRT) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinancm is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Lot 2, South Oaks Fashion Square, according To plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pine lias County, Florida (LUZ 2002-05004) ZoninQ District From: Industrial, Research, Technology (IRT) To: Medium High Density Residential (MHDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendmert. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7001-02 by the Pinellas County Board of County Commissioners, and subject to a determination by the Sate of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes PASSED ON FIRST READING August 22, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7002-02 Legal Description LUZ 2002-05004 Lot 2, South Oaks Fashion Square, according to plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida, together with the interest of the Owner in and to those certain easements as set forth in that certain Agreement by and between Booth Marketplace, Inc., a Florida corporation and McMullen-Booth, Ltd., a Florida limited partnership, dated November 22, 1988, recorded November 28, 1988, in Official Records Book 6884, Page 602, and amended by Amendment to Agreement dated February 9, 1989, recorded March 2, 1989, in Official Records Book 6947, Page 916, all in the Public Records of Pinellas County, Florida. S. R. 590 ... ..;:: ::::::: :::::::::::: ==:==::::::::: -= -o, ii /,<.. ruNT DR., I N. t t -,;,'! 7 :/ ...1 ,.,..1, r'''i r ~g. ~';,j f'~ml ';;;'j .....1" I' : r.....' : ~ml jt9"j itU~ MI..~ll" is 1 ~';!!R.7 '",;! :: 1Q I""; Ltl1ff,) >"H5i ,nu !' 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" .. n '" I I ~.) 1Q ZONING MAP LLC OWNER: Bayrldge Apartments PROPERTY SITE: 3021 S.R. 590 ZONING IRT MHDR FROM: TO: LAND USE (IL) Industrial Limited (RH) Residential High ~:t !x)'O-111~ CASE: LUZ SIZE (ACRES): PIN: ... ... ~ if 8 ID I j ~ 2002-05004 10.05 09-29.16-8~343.000-0020 ATLAS PAGE: Ordinance No. 7002-02 274A (5 Second Reading ORDINANCE NO. 7056-03 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 IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQory That portion of Lots 1-11, The Pools of Windward From: Commercial General Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida, To: Residential Medium Lying northerly of the seawall (LUZ 2002-09010) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING December 5, 2002 Ordinance No. 7056-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: BrianJ. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7056-03 C(eanvater J-(ar6or .. " n r- ~ ::D OJ o ~ ::D C :e ~ < .----..-... ...----1 t i \ "" : . ' ...---_.....---_.....~ i 'so \ . ,.... \ :-..::_..f~:..-r.... ;:....-r~..-1 t....:.._...{~--~ ~...-....}\..~ rri"r1::I^;~ 1~~R!\".!::-1 uJ..l-!.--........ (j) ~ c :e ~ DORY PASSAGE nzW'" .."''"'' ,..: ~ ........., , . I . ~ '-I . . :~ .1--\ \ \ 1\ \ \ \J~~-j ." ,.w..... CG I) .. I loa THIS IS NOT A SURVEY PIN: 08/29/ I 5/72590/000/0010 ~ 08129/15/72590/000/0020 08/29/15/72590/000/0030 08/29/15/72590/000/0040 08/29/15/72590/000/0050 08129/15/72590/000/0060 08129/15/72590/000/0070 08129/15/72590/000/0080 08129/15/72590/000/0090 08129/15/72590/000/0100 08129/15/72590/000/0110 FUTURE LAND USE PLAN MAP OWNERlS: The Pools At Windward Passage 209-229 Windward Passage SITE: 209-229 Windward Passage CASE: LUZ 2002-09010 PROPERTY SIZE (ACRES): 0.87 FROM: TO: ZONING CIIENCOD MHDRlIENCOD LAND USE CG RM PIN: See Above ATLAS PAGE: 2678 S:\P\.annlng Drl"'lm<ftt\C 0 B\Annrubt1n.\Cue .....po\LUUOO2.090IO Ordinance No. 7056-03 /(P Second Reading ORDINANCE NO. 7057-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1 - 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL/ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT(C/lENCOD) TO MEDIUM HGH DENSITY RESIDENTIAL/ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (MHDR/lENCOD); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and awropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of PineJlas County, Florida, Lying northerly of the seawall (LUZ 2002-09010) ZoninQ District From: Commercialllsland Estates Neighborhood Conservation Overlay District (C/IENCOD) To: Medium High Density Residentiall Island Estates Neighborhood Conservation Overlay District (MHDRIIENCOD) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 705&03 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the local Government Comprehensive Planning and Land Development Regulation Act, pursuart to ~163.3189, Florida Statutes. PASSED ON FIRST READING December 5, 2002 Ordinance No. 7057-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: [eslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7057-03 i DORY ::t <( a 11I ~ i - ~ <S- ";j PIN:08/2 & 11517 2 580/000/0010 0812 &11517 21590/0001 0020 08/28/11517 21580/000/0030 0812&/1517 25 80/000/0 040 08/2&111517 215801000/00150 08/2&/15/721590/000/0080 08/2 &11517 21590/000/0070 08/2& 11517215 80/0001 0080 08/2&111517 2158010001 0080 08/29/11517 2 5 90/000/0100 08/29/115/721590 I 0001 0 110 ~ N o :J ::l ~ OWNER: .. !(l " c j Iii 19 .. "e 11. -g ~ u ZONING MAP FROM: TO: The Pools at Windward Passage 209- 229 Windward Passage 209- 229 Windward Passage ZONING C I IENCOD MHDR I IENCOD CASE: LUZ 2002-09010 SITE: -I~~OPERTY LAND USE CG RM SIZE (ACRES): 0.87 PIN: SEE ABOVE ATLAS PAGE: 267B Ordinance No. 7057-03 / '7 Second Reading ORDINANCE NO. 7088-03 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 NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQorv See attached legal description From: Commercial General (CG) (LUZ2002-11 011) To: Residential High (RH) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pine lias County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and '-and Development Regulation Act, pursuant to 9163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pine lias County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING February 20, 2003 Ordinance No. 7088-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7088-03 _GAL u'::SCR1?TION UPLANDS: A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13. BLOCK D, UNIT 5. ISLAND ESTA1ES OF ClEAR WA1ER, TOGETHER WlTH A POR1l0N OF VACATED DORY PASSAGt" AS RECORDED IN .pLAT ~BOOK51; PAGE" 34, PUBUC RECORDS OF PINELLAS COUNTY, '-, FLORIDA,'-8E1N~ MO~E FULLY .DESCRIBE? AS FD.LLOWS: BEGINNiNG 'AT iHE SOU1HEAST 'CORNER OF SAID LOT 12; THENCE 'N49~3'41"W ALONG JHE"NORTHERlY RIGHT-OF~WAY'L1NE OF WlNDWARD PASSAGE, A"DISTANCE OF 32a..OO ,fEET TO 'THE. POfNT OF, 'CURVAJURE OJ:',A CURVE TO JHE..'RIGHT;' :rHENCE ALONG _SAID cURVE, 'HAVlNC:A, RADIUS.. QF. 50:;00 :F-EET~, ,CHORD .3L62 FEET 'BEARING N30~57'41"W, 'A DISTANCE OF 32.11 fEET,::rO-,A 'POINT. OF REVERSE 'CURVE;, , THENCE ALONG A CURVE TO THE,:LEFT HAVING, A':RAD/US OF, 50.00 FEET~ 'CHORD OF 73.14 FEET 'BEARING ' , N593l'2D'W, A',DISTANCE 'OF'-82.03,':FEET; ':rnEN.CE, ,LEAvtNG SAID'L1NE,..N1S.3,'Z2"W A 'DISTANCE OF "',20.00. FEEJ. TO.:JHE POINT QF-CURVA1URE OFA NON-:TANGENT CURVE; THENCE--;ALONG:SJ\lD 'CURVE":rO'~ 'THE ,RIGHT 'HAVlNG':A ~AOJUS :of ,170.00>FEET, A CHORD OF "62~S7: FEET EEARIN.G S7157':51'!E;;-.A, blSTANCE OF:"':..169.50 FEET. TO.A POINT OF ' TANGENCY;:..,:1HENCE,:S49-Z~~1~E.:"A'.DlS:rANCE'OF. 180;00 FL~ 'TO THE POINT CURVA1URE , OF :'A".cuRVE.TO~THE"LEfT; : '1HENCE.,:"Al:ONG'SAJD CURYE HAVING A-RAoIUS'"OF -70.00 FEET, A 'CHORD..OF.7,4.B4'..FEE1,BEARlNC: 'S81~~2'22':E, A DISTANCE-Of, 78;,96 :FEET- TO A POINT,_ 'SAID ,POtNT-8EJN~ TI:iE.,SOUTH~LY:-CORNER OF 'PHASE ,''1 ..\I1LLAGE',ON ISLAND-ESTATES, AS REcqRCED.tN'PLAT-800K:=35. PA~~, 12, PUBUC'.RECORDS -OF PINEUAS COUNTY, FLORIDA; . THENCE,,:ALONG-.iHE'.SOU1HERLY 'UNEOf SAID, V1LLAGE:' ON :ISLAND ESTA1ES, THEFOLLOYt1NG . THREE. !3) ,C,OU~,~S,::' , '. " :",. , ' 1: S49-~'4,~i-:"ADISTANCE ,OF..13S:76"FEET;' , 2. S08'2'32~, A DISTANCE' OF 81 ;OS 'FEET; 'AND " , 3. . S40":3S'l9.W, A DISTANCE'.OF ,106:52 ~t.i:. T TO A-POINT ON THE NORTHERLY ,R~GHT~O~~WAY .~~ OF TIiE AF9REM~Nll0NED 'Vw1NDWARD PASSAGE; THENCE' ALONG SAID' ONE N49"'24'09-'W: A DISTANCE OF ,61.00 FEET; THENCE S40-:3(j'1~~~i': A D/~ANCE ~ 2~:OD FEET TO :THE POINT OF 8~GINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. R RH ., .. '" INS RM JWATER THIS IS NOT A SURVEYI FUTURE LAND USE MAP Owner: High and Dry Marina. Inc Case: LUZ2002-11 0 11 From: Zoning C HDR Land Use CG RH Property Size i 1.83 (Acres): ' PIN: . 08/29/15/43380/004/0090 Site: 202 Windward passgae To: Atlas Page: 267B Ordinance No. 7088-03 l ~ ORDINANCE NO.7089-03 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Propertv See attached legal description ZoninQ District From: Commercial (C) (LUZ2002-11011) To: High Density Residential (HDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7088-03 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED February 20, 2003 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7089.03 _GAL. D~5":~IPTjaN UPLANDS: A PORTION OF LOT 9 AND AU.. OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5. ISLAND ESTA 1ES OF ClEARWATER, TOGETHER WITH A PORTION OF VACA1ED 'DORY PASSAGE. AS RECORDED IN .PLAT ~BOOK 51; PAGE' 34, PUBUC RECORDS OF PINELLAS COUNTY, FLDRIDA;-SE1NG MORE FULL YDESCRI8ED AS FOLLOWS: .. .. 8EG1NNiNG 'AT THE SOUlHEASTCORNER OF SAJO LOT 12; THENCE 'N49~3'4'''W ALONG JHENORTHERL Y RIGHT-OF~WA..Y LINE OF WINDWARD PASSAGE, A"DISTANCE OF 320..00 FEET TO THE ?OtNT OF 'CURVA1URE OF' A CURVE TO THE..'RIGHT;' =THENCE ALONG .SAID cURVE. 'HAVING \4~. RAoIUS~, Of. 5~OO 'F.EEt: .CHORD .31 ;.62' 'FEET 'BEARING N30~57' 41"W, 'A DISTANCE Of" 32.11fEET.::rO.,.A .POINT OF REVERSE CURVE~. THENCE AlONG A CURVE TO THE,liFT HAVING A ',RADIUS Of- 50.00 FEET, 'CHORD OF 73.14 FEET BEARING . N59~,.'26.W. A "DISTANCfOF' .82.0.3 ',FEET; . THENCE, . LEAVING SAID LINE,. .NlS.31'22"W A 'DISTANCE OF 120.DO.FEET, TO:.1HE POINT OF "CURVA1URE OFA NON-TANGENT CURVE; THENCf'":ALONG..sAlOCURVE":rO': 1HE .RIGHT 'HAvtNG :'.A ~AOJUS nF17.0.00>'FEET, A CHORD OF "52;57: FEET SEARlN.G S77'S7~31'!~':'.A blSTANCE DF:':J59.50 FEET. TO ,A POtNT OF TANGENCy;:...:1HENCE'::.S49'"2~~t~E.':A-DlSTANCE'OF. 180.00 FEET 'TO 1H~ POINT CURVATURE . OF :'A.'.cuRVE rG:-THE LEf1; :.l'HENCE...."Al:ONG'SAlD CURVE. HAVING -A' RADJUS'..OF 70.00 FEET, . A 'CHoRD.:or:7.4.B4'..FEET -BEARING, 'S81~-4-Z22":E. A DIstANCE-OF, 78:-96 :FEET. TO A POINT. SAID ,POINT-BEING, ~E.,SOUTHWESTERL'f.-CORNER.OF'PHA'SE tV VlLLAGE'.ON ISLAND 'ESTATES, AS RECOROED,tN'PLAT-BOOK:':.35. PAGE 12, PUBUC'.RECORDS .OF PfNEU..:.AS COUNTY, FLORIDA; t THENCE..:ALONG::-THE" SOUiHERlY 'UNEOF SAID. VILLAGE; ON ;ISlAND ESTATES, THE FOLLOWING . iHREE . (3) .cOU.RSES::: , '.' . 1: s..,.gi3. 41 ~i~' 'A . DISTANCE .OF" 136~76.. FEET; .' , 2. SOe"2'32-r. A DlSTANCE' OF 81.05 'FEET; 'AND' . 3. S40-:5S'l9.W. A OISTANCE' -OF 1 OS~62 ~t.t. T TO A-POINT ON THE NORTHERLY . R'GHT~O~~.wA,( .~~ OF THE AFOREMENTIONED ''MNDWARD PASSAGE; 'THENCE' ALONG SAID lINE N49~4'09.W, A Of STANCE OF ,61.00 FEET; THENCE S40-:36'1~~~i': A DI~~CE ~ 2~iOO FEET TO :THE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO, SUBMERGED LANDS: , THOSE SUBMERGED LANDS L YlNG f':JORTHWESTERL Y OF' PHASE IV, VILLAGE ON ISLAND ESTATES, AS DESCRIBED INO.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, flORID AND AS SHOYfN HEREON. --- EXHIBIT t /~,~" ,J' J THIS IS NOT A SURVEYI ZONING MAP Owner: High and Dry Marina, Inc. I i LUZ2002-11O 11 I 1 .83 - Property i 0.70 - Submerged Land I i 08/29/15/43380/004/0090 Case: Site: Property Size (Acres): 202 Windward Passgae From: Zoning C Land Use CG PIN: To: RH Atlas Page: I 267B HDR Ordinance No. 7089-03 ~Ieli~arwater f: - " ('",' "J, . I l.>~t ~~~ "~".......~''''~~~~~~ . l. Agenda Item No: Type: Quantity: Requesting Dept: Using Dept: Bid Number or Code Exception: VendorInfo: Description: App. Amount: d. Agenda Item No: Type: Quantity: Requesting Dept: Using Dept: Bid Number or Code Exception: VendorlnCo: Description: App. Amount: 3. Agenda Item No: Type: Quantity: Requesting Dept: Using Dept: Bid Number or Code Exception: Vendorlnfo: Description: App. Amount: App. Amount: e()R. ( - 5" \9, Purchasing Memorandum City Commission 09/18/2003 Agenda Number: 2056 Purchase contract o Library 2.564 (1)(e) - Impractical to bid Book Wholesaler, Lexington, KY Library materials, books and publications during the contract period: October 1, 2003 thm September 30, 2004. $151,000.00 App. Code: Purchase contract o Library 2.564 (l)(e) - Impractical to bid Ingram Library Services, Lavergne, TN Library materials, books and publications during the contract period: October 1, 2003 thl1l September 30, 2004. $226,000.00 App. Code: Purchase contract o . Solid Waste/General Services 2.564 (1)( d) - Pincllas County facility Pincllas County Solid Waste Management Department Disposal of refuse during the period: October 1, 2003 thru September 30, 2004 $2,265,000.00 App. Code: $2,585,000.00 App. Code: Comments: 315-93521-564400 Comments: 315-93521-564400 Comments: 424-02082-54350 424-02083-54350 ~;~Itarwat~e. -~, :~. if. Agenda Item No: Type: Quantity: Requesting Dept: Using Dept: Bid Number or Code Exception: VendorlnCo: Description: App. Amount: 5', Agenda Item No: Type: Quantity: Requesting Dept: Using Dept: Bid Nu~ber or Code Exception: VendorlnCo: Descriptio~: App. Amount: Purchasing Memorandum City Commission 09/18/2003 Agenda Number: 2056 Service contract o Gas System City of Clearwater Bid 35-03 Mastec North America, Inc., Tampa, FL Installation of gas mains and service lines during the period: October 1, 2003 thru September 30, 2004. $850,000.00 App. Code: Service contract o Police 2.564 (l)(d) - Other gov't Board of County Commissioners, Clearwater, FL Latent fingerprint and crime scene services including evidence and property storage during the period: October 1, 2003 thru September 30, 2004. $490,084.33 App. Code: Comments: 315-96377-563800-53~ Comments: 010-01121-530300-521. u Interoffice Correspondence Sheet TO: FROM: Lois Norman Sherry Hunt ,~ cc: File RE: September 10,2003 Contract between the City of Clearwater and the Pinellas County Sherifrs Office. Date: Enclosed is a copy of the contract between the City of Clearwater and the Sheriff's Department that was reviewed and signed by Rob Surette. The original signed contracts by Rob Surette have been sent to the Legal Department. If you have any questions, please phone me at 562-4185. ATIACHMENTS RECElVED SEP 11 2003 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT AGREEMENT CC(Q)rlf COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY"), EVERETT S. RICE, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida, and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department. and; . WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; 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; and WHEREAS, this assignment of duties and responsibilities requires the concurrence of the Board of County Commissioners of Pinellas County, Florida, and said Board of County Commissioners approves and supports the plan and program set out in this Agreement; NOW, THEREFORE. in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: I. The SHERIFF shall provide to the CITY one full-time latent print examiner (hereinafter "Examiner"). Additionally, the SHERIFF shall provide to the CITY a second part-time latent print examiner who shall devote at least twenty-five percent (25%) of his/her time to the examination of latent fingerprints for the CITY. Such person(s) shall be appropriately trained and qualified to examine latent fingerprints and to identify same. A. Said Examiners shal/ be members of the Pinel/as County Sheriffs Office and shall be subject to the direction and all rules and regulations of the SHERIFF. B. Said Examiners shall be on duty to perform fingerprint examination eight (8) hours per day, five (5) days per week and shall as a part of their duties: (C(Q)f1f 1. Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason to have their fingerprints in a premise or on an object. 2. Evaluate the quality of latent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided 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 identification. C. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall provide additional available personnel to assist the Examiners. D. The Examiners shall be available to assist SHERIFF's personnel in the examination of latent fingerprints in times of extreme need for such assistance. E. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners provided for herein. Said liaison shall: 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed 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. II. The CITY shall pay to the Board of County Commissioners the sum of SEVENTY-SIX THOUSAND EIGHT HUNDRED SIXTY-TWO DOLLARS AND THREE 2 CC(QJ[Pv CENTS ($76,862.03) annually for the latent fingerprint services to be rendered pursuant to this Agreement. III. In addition to the Examiners described above: A. The SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Specialists to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY. B. The SHERIFF will provide to the CITY, storage, release and disposal for all evidence and property, except bicycles, which may lawfully come into the possession of the CITY Police Department or which may be obtained as the result of crime scene processing. This includes the packaging and transportation of such items to and from a lab or other testing facility as determined by the CITY Police Department. The SHERIFF shall be responsible for obtaining routine items of property or evidence from the CITY OF CLEARWATER Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY OF CLEARWATER Police Department to transport such items to the SHERIFF's evidence and property storage facility. The CITY shall pay to the Board of County Commissioners the sum of THIRTY- THREE THOUSAND TWO HUNDRED FORTY-SEVEN DOLLARS AND THIRTY CENTS ($33,247.30) annually for the evidence storage service. This cost is inclusive of salary for one property clerk and $2,000 for evidence storage supplies. C. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. D. The CITY shall pay to the Board of County Commissioners the sum of $151.99 for each crime scene processed by the SHERIFF and shaUguarantee a minimum of 2,500 calls for service during this Agreement. For all requests for service in excess of 2,500 during the period of this Agreement, the CITY shall pay to the Board the sum of $151.99 for each crime scene processed pursuant to this Agreement. The CITY shall pay to the Board of County Commissioners the sum of THREE HUNDRED SEVENTY-NINE THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS ($379,975.00) for the 2,500 calls for service for the period of this Agreement. E. Billing for requests for service in excess of 2,500 calls during the period of this Agreement shall be invoiced monthly at the rate of $151.99 per call. 3 cccorv F. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY OF CLEARWATER Police Department for documentation purposes and which requires some action by a SHERIFF's Forensic Science Specialist. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number which results in a request for services being deemed a call for services. IV. The CITY agrees to pay to the Board of County Commissioners on October 1, 2003, the sum of FOUR HUNDRED NINETY THOUSAND EIGHTY-FOUR DOLLARS AND THIRTY-THREE CENTS ($490,084.33) which reflects the minimum sum due for all services to be rendered during the term of this Agreement. V. The BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY hereby joins in the execution of this Agreement to indicate its concurrence in the terms and provisions hereof and its support for the plan set out herein. Said board agrees to amend the Pinellas County Sheriffs Office budget to provide the funds necessary to accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably possible to insure that the purposes stated herein are fulfilled. VI. A. Either part may cancel this Agreement upon providing notice of such cancellation in writing thirty (30) days in advance of the date of cancellation. In consideration for and CITY's knowledge of SHERIFF hiring and training additional staff to manage the requirements of this Agreement, should CITY terminate this Agreement prior to September 30, 2004, no funds will be reimbursed by the SHERIFF to the CITY. If the SHERIFF terminates the Agreement, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service at the rate provided herein and shall refund the remainder to the CITY. B. If the SHERIFF receives reimbursement from the BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY for any of the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the SHERIFF shall refund the prorated amount of any unused services. VII. This Agreement shall be for a period of one (1) year commencing October 1, 2003 and concluding September 30, 2004. VIII. SHERIFF agrees to use best efforts and necessary resources available to SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively. 4 . . . ' FOR THE CITY Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 tory FOR THE SHERIFF Director Dan L. Wiggins P.O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6386 IX. This Agreement constitutes the full and complete understanding of the parties and may be modified or amended only by a document in writing signed by the CITY, the SHERIFF and the BOARD. DONE AND EXECUTED this Countersigned: Mayor-Commissioner Approved as to form: a~&"j~. JJM/dJ1h Assistan(9;ity Attorney Robert J. Surette ATTEST: KARLEEN F. DeBLAKER, Clerk BY: Deputy Clerk APPROVED AS TO FORM: County Attorney day of ,2003. CITY OF CLEARWATER, FLORIDA City Manager Attest: City Clerk SHERIFF OF PINELLAS COUNTY, FLORIDA EVERETT S. RICE, Sheriff PINELLAS COUNTY, FLORIDA, By and through its Board of County Commissioners By: Chairperson 5 8".. ';:J - wr=. Clearwater City Commission Agenda Cover Memorandum Worksession Item #: ~ Final Agenda Item # dC' Meeting Date: 9/18/03 SUBJECTIRECOMMENDATlON: Approve the purchase of property, casualty, liability, workers' compensation, emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year 2003/2004 as provided for in this agenda item in an amount not to exceed $1,962,020, ~ and that the appropriate officials be authorized to execute same. SUMMARY: · The Risk Management Division of the Finance Department purchases insurance coverage for the City in the above-named areas. The City Administration, through its Risk Management Division, recommends that the City purchase insurance coverage for FY 03/04 as follows: Insurance Coveraoe Company Premium . Excess Property - Agent (Insurance & Risk Management Services, Inc., Naples, FL) ($287,233,798, including the Sand Key Bridge) 5 Million 20 Million 262 Million + Lexington Insurance Co. L10yds of London XL Insurance America & Scar Reinsurance (SO/50) IRMS Subtotal . Miscellaneous Coveraae as shown below: -- Agent (A.J. Gallagher & Co - Tampa Bay, Clearwater, FL) Boiler & Machinery Hartford Steam Boiler Marina Operators Legal Liability Hartford Insurance Co - SE Underground Fuel Tank Liability Commerce & Industry/Zurich Flood Insurance (specific properties) New Hampshire Ins. Co (estimated premiums for all properties) Gallagher Subtotal: Reviewed by: Legal ~ Budgel ~ Pun::haslng Risk Mgmt ~ Orfglndng Dept: VlYlA FlnancelRlak Management NlA ./ Shliron Watton -4i@ / U.... Dept. (//J N~Y Attachmenta Current .0- FY Coata Total $1 ,962,020 Info 8rvc Public Works DCMlACM Other Subrnltled by: '"'D. A a M. City Manager T)4,U .....~ ~ x None Appropriation Code: SSIO.Q7000-M51ON18-000 $ 373,404 200,000 225.593 $ 798,997 (Estimated) $ 9,832 22,500 7,400 18.180 $ 57.912 Funding Source: CI OP CIF Other . Miscellaneous Coverage as shown below: Agent - (Acordia Southeast, Clearwater, FL) Crime & Dishonesty Excess Liability ($7,000,000) EMS Liability (Partially Reimbursable) GL, Professional (Claims Made Policy) Business Auto Excess GU ProfessionaVAuto/EMS Travelers Casualty State National EMS Subtotal Acordia Subtotal $ 12,904 315,018 $ 69,840 107,349 100,000 277.189 $ 605.111 $1,462,020 Underwriters at L10ydslGL Royal Indemnity Company Clarendon Total Premiums for All Coverage Shown Above . The City is required by a contract with Pinellas County to purchase EMS liability coverage. The cost of the EMS liability insurance to the City will be $2n,189, but the City will be reimbursed $167,044.54 of that expenditure by Pinellas County. . Risk Management Division staff is recommending purchase of insurance coverage for the City as shown above. There was a significant decrease in property insurance rates due primarily to market conditions. This enabled us to increase our Total Insured Value (TIV) from $240,699,170 to $287,233,798 and decrease our premium from $995,031 to $798,997. The City's TIV changes throughout the year as the City acquires more property and demolishes those structures no longer needed. . The difference ($500,000) between the itemized expenditure of $1,462,020, and the requested amount of $1,962,020, will allow for changes in insurance expenditures during the fiscal year. Most often these changes arise as a result of acquisition of additional City property, or the construction, or the leasing of new City facilities. . All property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable and conservative insurance program for the City. . The recommended purchases are for a one year term beginning Octobf:)r 1, 2003, and ending October 1, 2004, except the flood insurance policies are individual policies with different terms and effective dates. The underground storage tank policy also has a different term running from May 20, 2003 to May 20, 2004. ITEM # Ff\l2. rJ-l. ~,ctearwater ,. -~ u~ Agenda Cover Memorandum City Commission Tra_cking~qmb_er; 152 SJ,J_b m i tteJ:l~ 08/13/2003 Preferr~d Date: 09/18/2003 ~atest Possi ble-Rate: 09/18/2003 ActuaLQate: 09/18/2003 Subject I Recommendation: Authority to pay up to $70,000 for incurred and anticipated expenses and anticipated claims related to a sewer backup at the Holt Avenue Youth Center Building. Summary: On July 28, 2003 a City sewer overflowed causing raw sewage to flood the Holt Ave. Center. The center is leased from the City by the African American Leadership Council Inc. The building required extensive cleanup and repairs. The City hired T&C Cleaners to assist with emergency repairs and cleanup. They have submitted a bill in the amount of $30,859.10 for their services. The City's Building Maintenance Division is completing the repairs and cleanup and they estimate their cost will be $25,000. The African American Leadership Council Inc. sustained damage to their office furniture and equipment, and they will have a property claim for their loss. As the damage resulted from a backed up City sewer line, the City's Risk Managment Division, City Attorney, and the City's Claims Committee recommend payment of this claim. Originating: Finance Section: Consent Agenda CategQ[Y~ Other ~umb_eLot.ti~ILcLC~ple.-S~a~he_d~ o - _.~ . ~.mearwater -~ u~ Agenda Cover Memorandum Public Hearing: No Financial Information: IYP~~ Other 1310 ReQuire_d? No alcLExc~pJions : Emergency In Current Year Budget? Yes Bu.Jtg~t Adjustment: No Current Year Cost: $70,000.00 Eor Fiscal Ye_ar: 10/01/2002 to 09/30/2003 Not to Exceed: $70,000.00 Appropriations Code 590-07000-545900~519-000 Review Ap-p-roval MSIMMONS CGOUDEAU BHORNE TWILSON GBRUMBAC Amount $70,000.00 08/25/2003 09/08/2003 09/08/2003 08/29/2003 09/05/2003 Mpropriations Comment 08: 13:28 11 :55:49 11 :22:56 14:51:43 14:25:57 . :)"~' ~ Clearwater. Agenda Cover Memorandum Ff\15 ':' s~-z3?::3~3~~ City Commission Trackinq Number: 172 Submitted: 08/25/2003 Preferred Date: 10/02/2003 Latest Possible Date: 10/02/2003 Subiect / Recommendation: Approve a contract with Ross Systems and authorize payment to Ross Systems in an amount not to exceed $720,OClO for the purchase and implementation of a upgrade to the computerized financial system and approve a transfer of $500,000 of unrestricted retained earnings of the Central Insurance Fund to project 315-94809, Summary: The City is currently using a Ross Systems financial system, which was purchaed in FY1992. Staff has been satisfied with the vendor, however, the current version of the software is no longer curent with the City's operating systems or database standards, and has outlived its useful life. The project to replace the existing finance system was originally budgeted in 2001 to be funded by a $2.1 million interfund loan to be paid back by departmental charges over 5 years. That amount was later adjusted to as much as $4.1 million (to include replacement of the payroll system). During the last couple of years, staff has researched the cost and functionality of various systems, and determined that upgrading our existing financial system to a windows based version of Ross Systems is the most cost efficient solution. The new version will be more user friendly, will have better report writing capabilities, with include processes for handling new technologies (p-card transactions and electronic wire transfers), and will include modules for budgeting and accounts receivable, which we currently do not have. The PeopleSoft payroll system has already been upgraded at a cost of approximately $210,000. The expected total cost of the project to upgrade the Ross System is as follows: $172,500 Ross Software 56,359 Ross 1st Year Maintenance 491,141 Ross Consulting (including contingency) $720,000 Total Not to Exceed Amount to Ross Systems 60,000 Hardware 20,000 Other Software 20,000 Staff Travel and Training 20,000 Staff Overtime/Temporary Staff $840,000 Total Estimated Project Costs -------- -------- ~Clearwater I '~~J Agenda Cover Memorandum Since the purchase of the system has been delayed, we have been tranferring cash to the project that would have been used to pay back the interfund loan. There is approximately $340,000 of cash available in the project. The estimated cost of the upgrade is $840,000. The diffence between the amount of available cash and the expected cost of the project is $500,000. Althougl.' this could be funded by an interfund loan (as orignally budgeted), staff recommends allocating $500,000 of unreserved retained earnings of the Central Insurance Fund. The City Commission adopted a policy this year to maintain Central Insurance Fund reserves at a level composed of: General Insurance(75% of GASB 10 Liability) $ 8,221,353 Health Insurance (current balance) 3,296,281 Total Required Reserves $11,517,634 Amounts in excess of the above amount are available to use for any other purpose. The actual reserves (Unrestricted Net Assets) on hand at 9/30/02 were $14,031,896, leaving a balance available of $2,513,262. These excess funds were accumulated by charges to departments in excess of actual expenditures. Since all departments will use the financial system, the use of the excess reserves to cash fund the project would be appropriate. A transfer of $500,000 from the Central Insurance Fund unreserved retained earnings will be made at first quarter FY2004. OriginatinCl: Finance Section: Consent Agenda Category: Purchasing item with contract document Public Hearin9: No Finaneiallnformation: ~ Capital Expenditure Bid Required? No Bid Exceotions: Impractical to Bid In Current Year Budget? No Budget Ad1ustment: Yes . ..... v"'~." .., .,' .._....,,,......>o."'__,...___........._..~_.~..........._.........___........_,,___.._........_.......___...._..,__..__._H_.._.....___ .__~*---....._._"'~............. _ ............., _ ~._... _.... ".M ...... ~~~rl v~ --....--...----. Agenda Cover Memorandum Budget Adiustment Comments: Transfer $500,000 from unreserved retained earnings In the Central Insurance Fund. Current Year Cost: $0.00 For Fiscal Year: 10/01/2002 to 09/30/2003 Total Cost: $720,000.00 Aporoorlations Code 315-94809 Amount $720,000.00 Appropriations Comment Review Aporoval MSIMMONS MSIMMONS MSIMMONS 08/25/2003 16:22:21 08/25/2003 16:24:16 09/08/2003 08:07:08 08/26/2003 09:41: 25 09/05/2003 17:19:13 09/08/2003 10:29:49 GMCKIBBE TWILSON TWILSON ......--_---~._-,--...,.---". I ........._....._.______...4>4>. , ~ . ,:J~ ROSS AMENDMENT TO SOFT\V..\RE LICENSE A;\ll) PROFESSIONAL SERVICES AGREEMENT SYSTEMS The Sol1warc License and Professional Services Agreement between Ross Systems, Inc. ("Ross") and City of Clearwater. 100 So, Myrtle Avenue Clearwater, FL 227;8 ("You") dated December \91(! (lhe "Agreement") is hereby amended as set forth below. Except as otherwise modified by this Amendment. the terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict betwcen the tcrms and conditions of this Amcndment and thc Agreement. the terms of this Amendment shall control. The Effective Date of this Amendment shall be the date of Your signature as set forth in the customer signature block shown below. The tcmlS. conditions. and Ices stated hercin arc exprcssly contingcnt upon Your execution of this Amcndment by Septcmber 30,2003.. Operating System/Hardwnre/Database Change: ~T/SOL Additionnl CPU: CPU Upgrade: CPU Type: Number of Servers: 2 Concurrent Users: 60 Other: Sales I{eprcscntath'c: .Jill Smith Product Code SoftwarefThird Party SoftwarefUpgrade Gembase Development License 60 Concurrent Users Internet Application Framework including ( Crystal Forms Bundle) iBrowser Security Manager Connect Full Service License* First- Y ea r Mnintenance Fee License/Upgrade Fee GBFU USERF IBROW RIlS CONFU S 75,000.00 S 20,000.00 S 15,000.00 SVGL SVAP PRXPO SVAR FACS HM TESTCPU iRenaissance General Ledger iRenaissance Accounts Payable iRcnaissance Purchasc Order iRcllaissance Accounts Receivable iRcnaissance Fixed Asset iRenaissance Materials Mllnagement TEST Server Subtotlll Less Clussic Protection Program Discount_ Total Ross Software $ 75,000.00 $ 75,000.00 S 75,000.00 S 75,000.00 $ 75,000.00 S 75,000.00 $ 15,000.00 $ 575,000.00 $ 445.000.00 $ 130,000.00 $49,300.00 FltXPRO FRXDESGN_ FRXWEBV FRX Professional 1 Additional Designer 10 Webviewers Subtotal $ 21,705.00 1,795.00 $ 1,500.00 $ 25,000.00 $ 3,600.00 $ 359.00 $ 200.00 FRXFC Forecaster 10 additional users S 15,000.00 2,500.00 $ 1,900.00 $ 1,000.00 Total FRX Third Party Software 42,500.00 5 7,059.00 TOT AL SOFTWARE & MAINTENANCE S 172,500.00 $ 56,359.00 LICENSE/UPGRADE FEE TOTAL FIRST-YEAR SOFTWARE MAINTENANCE FEE TOTAL FIRST YEAR 3rd PARTY SOFTWARE MAINTENANCE FEE TOTAL TOTAL FEE 5172,500.00 49,300.00 7,059.00 5228,859.00 REV.011503 P..\GE I CONFIDENTI,\L , I. a, The 1.icense/Upgrade Fec and the First-Year Third-Pnrty Sollwarc Maintennnce Fce shall be paid ns follows: (0 Payment of twenty-five percent (25%) of the License/Upgrade Fee in the mnollnt of Forty-Threc Thousnnd One Hundrcd Twcnty-Five Dollnrs ($43.125,00) and onc hundred percent (100%) of the Third-Party Software Mnintenance Fee in the mnount of Scven Thousnnd Finy-Nine Dollnrs (S7.059.00) for a total payment of Finy Thousand Onc Hundred Eighty-Four Dollars ($50, 18..LOO) plus any applicablc taxes is due within ten days of the datc of invoice, (iO Twenty-five percent (25%) of the Liccnsc/Upgrade Fec in the amount of Forty-Three Thousand One Ilundrcd Twenty-Five Dollars ($43,125.00) plus any applicable taxcs is due 45 days from the Effective Date of this Amendment. (iii) Twenty-five percent (25%) of the License/Upgrade Fee in the amount of Forty-Threc Thousand One Hundred Twenty-Five Dollars ($43,125.00) plus nny npplicable taxes is due 90 days from the Effective Date of this Amendment. (iv) The remaining twenty-five percent (25%) of the License/Upgrade Fce in the amount of Forty-Three Thousand One Hundred Twenty-Five Dollars ($43,125.00) plus any applicable taxes is due 135 days from the Effective Date of this Amendment. b. The parties recognize You are current on Your maintenance payments for the Software through the period ending June 29, 2004. Consequently, payment of the First-Year Software Maintenance Fee in the amount of Forty-Nine Thousand Three Hundred Dollars ($49,300.00) plus any applicable taxes shall be due and payable on or before June 15,2004 and shall be for the maintenance period beginning June 30, 2004 and ending June 29,2005. For such period. Eight Thousand Dollars ($8,000.00) of the maintcnance fee shall be allocated toward custom support of Your PCard custom enhancement. 2. The annual maintenance fee for each Software product and user licensed pursuant to this Amendment shall not increase by more than four percent (4%) over the preceding year's maintenance fce. The preceding limitation shall not apply to any Third-Party Software and associated users. 3. Ross will waive the registration fee for two of Your employees to attend Ross World 2003 in Reno, Nevada. You shall remain responsible for all travel and living expenses including, but not limited to, airf.'lre and hotel accommodations associated with such attendance. 4. In consideration oCthe provisions contained herein, You agree to renew annual maintenance services for the Software for a minimum of three additional years, i.e., for the period beginning June 30,2005 and ending June 29, 2008, contingent upon appropriation of funds. Payment of the each annual renewal maintenance fee shall be made on an annual basis prior to the beginning of each yearly renewal period. 5. Right of Audit. Ross, by itself or through its authorized agent, shall have the right during nonnal business hours to periodically audit Your usage of the Solhvare and any Third-Party Software to ensure it is in compliance with the temlS stated in the Agreement. Representatives of any authorized agent shall protect the confidentiality of Your infonnation by executing a mutually agreed confidentiality agreement. Both Ross and/or such representatives shall abide by Your reasonable security procedures while on Your premises. 6. Nonsolicitation. For so long as You are current on Your maintenance payments for the Software or any portion thereof and for a period of twelve months thereafter (the "Restricted Period"), neither Ross nor You shall, directly or indirectly, solicit any employee of the other party, entice any such employee to cease his or her relationship with the other party, or hire such employee, without the prior written pennission of the other party. Also during the Restricted Period, neither Ross nor You shalI, directly or indirectly, solicit or hire a fonner employee of the other party within six months of the date of his or her tennination of employment, without the prior written pcnnission of the other party. 7. Source Code. No source code is provided for technology Software or any Third-Party Software. Howcvcr, YOll shall have the right to use alI iRenaissance ERP application source code provided to You hereunder as long as You arc current on Your maintenance payments. Such source code may be utilized by Your direct employees or thc cmployees of Ross or Ross' certified partners on Your behalf. If You (i) discolllinllc maintcnance serviccs for thc application REV,1I11503 PAGE 2 CONFIDENTIAL \ Software, or (ii) pennit unauthorized persons to use the source code, Your license of the source code shall terminate in which event You agree to immediately discontinue the use of such source code. deinstall it, and return it to Ross. IN WITNESS HEREOF, each party has executed this Amendment and represents and warrants to the other that its execution has been duly authorized. ATTACHED HERETO AND MADE A PART HEREOF: NA I/~~ t ~cl ROSS SYlI::Co :~me I'd"led y~",.. Title tI PI <.... F,:) Date , t~ 10(..)) I3y CITY OF CLEARWATER 7Je Name Printed Title Date REV.011503 PAGE 3 CONFIDENTIAL \ City Of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 Cou ntersig ned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk . , R.e.', ~d- Migration to iRtJnaissanctJ 5.1 %~~ 'F r~ ~~~ ~~l1i7. g C"':) . ~ ~:- ~ ~- . ~ 'rlt4"iE~.~~ Revised and Prepared For City of Clearwater August 26th, 2003 The Infonnatlon contained within the enclosed Propolalls proprietary and confidential, and Is lolely for the use of CITY OF CLEARWATER. No part of It may be circulated,' quoted, or reproduced for distribution outside of CITY OF CLEARWATER without prior written approval from Roil Systems Professional Services. ROSSon~ w~~~~ ~~~g ~~VJtj ~ ~: {:2 ~'" .~ '~'" . ~ ~/f4tE\\.~~ Ross Svstems Professional Service Proposal CITY OF CLEARWATER RenCS ImplelDentation Overview Ross Systems Professional Services welcomes the opportunity to respond to CITY OF CLEARWATER's request for services to implement and support iRenaissance@ Suite of Applications. In this Proposal, we outline our understanding of CITY OF CLEARWATER's requirements, project scope, suggest a time line , and present our professional fees estimate in a phased approach. By outlining the project in phases, it gives the City of Clearwater staff a realistic approach of achieving success by spreading the tasks involved over a more realistic timefra..-ne as well as spreading out the cost expenditures associated with the project. We understand the challenges of this endeavour and specifically the requirement to migrate to the lRenaissancell Financial and Material Management modules. The Ross Team is equally committed and will work with you to develop and execute a detailed project plan that will meet this milestone in a phased approach. ROSSmru II The lnIolmation conIained oMttW'Ilt1is document Is proprietcwy and conlldential, and Is solely for the use of prospoct personnel. No part 01 it may be ckaJlated. qUOled. or reproduCed lor cistrbJtion outslde of !he J:fOSPeCt orgaolzation \MIhoUt prior written apptOYaI from Ross Sysbns proressional Setvices. Ross Svstems Professional Service Proposal Project Objectives ' The objective of this project is to migrate the current Ross Classic financial and material management with a more effective, functional and responsive to the future needs of CITY OF CLEARWATER. It is expected, that the iRenaissance system will enhance the organization's decision- making capabilities with respect to business based information. Ross Systems proposes to provide CITY OF CLEARWATER with a three part solution to attain this objective. Firstly, replace the current business base systems with the zRenaissance<ll Suite of Applications, adding in additional enhanced functionality with Materials Management with Blanket Orders, an improved P-Card module, improved and new technology with the Financial Report Writer as well as the latest in Navigational Technology with iBrowser. Secondly, enhance the current functionality by adding in the Accounts Receivable Module and FRx Forecaster for improved budgeting processes. Thirdly utilize the capabilities of Ross Systems Professional Services to provide value-added expertise, tools and methods required to effectively improve the business processes. The i1formation contained Wthin this document Is pcopr\etaly Blld coofidential, and is solely for the use ci prtlSped pot'S(lnnei. No part of It may be circulated. quoted. Of reproduced for distribution outside ci the prospect organization wilhout prior written llpp<<MlI from Ross Sys","" Professlonal SeMces. ~~W~r~-?: ~ ,..,. a ~. - r::. . is ~"'-.. .'~ ?'1r4tE~.~~ Ross Svstems Professional Service Proposal Scope The proposed scope of this project is to implement a new Enterprise Resource Planning (ERP) system that replaces our legacy (flat file) technology with the web-enabled !Renaissance suite of applications. The scope of this project contains the standard components of a successful rRenaissance'i) implementation. This sexvice proposal includes General Ledger, Accounts Payable, Accounts Receivable, Purchase Order Processing, Inventory Control, Fixed Assets and Materials Management modules. It also involves implementing Financial Report Writer, Forecaster, Internet Application Framework which includes iBrowser, Security Manager, connect and Crystal Forms Bundle. · Install, configure, and fine-tune !Renaissance on CITY OF CLEARWATER's choice of hardware, operating system, and database. · Educate and transfer knowledge to the Project Team responsible for the implementation. · Assist the Project Team with the design, development, and testing of the !Renaissance system. · Perform data conversion, functional customizations, system interfaces, and custom reports - where required. · Provide client support, where required. · Provide Project Management services to manage the migration activities. · Provide on site technical assistance to alleviate the demands placed on the internal IT organization. ROSSmrn II The information contained within this document is proprietary and conIider1eIaI, and is solely for the use d prospect personnel N:> part of It may be on::uIated, qUOled, (X reproduced for dslrtlutiOn outside of lI1e prospect organization ~ prior written aflPl'lMlllrtrn Ross Systems Prodessional Services. Ross SyStems Professional Service Proposal Application & Business Functionality From the perspective of application and business functionality, CITY OF CLEARWATER has a number of functions that are required to be in the scope of this project. While tRenaissance@ supports a large number of functions, some of the product functionality will not be implemented under the scope and budget of this project as it is outside the mandate of this project This section is separated into two parts - Financials and Material Management. This section will be amended based on further discussions with the Project Team. ROSSmrn II Tho infomlalion contained within this document Is proprietary and cool\dential. and is solely for lie use 01 prospect pononneI, No part 01 K may be drculated, quoted. or reproduced lor dislribulion outside of the prospect oroarUalion ~ priof written appttlYlII from Ross s~ Pr0fesslonaI SeMces, Ross Svslems Professional Service Proposal Financials Business Functionality Requirements - GL Business Functionality Inside Project Scope (iRenaissancel!l Financials ) Outside Project Scope (Implementation For Later Date) I Maintain Existing Account Structure I with the exceptions of Company vs I Entity. __________ . ..._ ._~_" "____~_~__..a______._p __._____~~__ Multi-currency I ~__________.___m___...I___ __.____________.__________ Multi-companies - multiple I operating divisions and funds will I ~:~t~;~ir::I~~~~~ ~:~::~ng. +-- - -- ---Phas;1------ _~~.:d Tax processing -l~~--~-- --Phas-~-1------- ------------- Standard & Ad Hoc Reporting. I Reporting tool decision will be Crystal -----.-------- Zero Filling ______.__ ___u____~hase 1 Gembase Security Manager- department and cost center element security FRx Report Writer-replace all Financial reports Full Encumbrance/Fund Accounting __ _____ Implementation use of Allocations where efficiencies can be achieved ..-- .-"--' ---,----P--.----.- Implementing Interdivisional offsets and elimination Budget Forecaster-including audit trail and loading back to GL Budget Checking Phase 1 o Phase 1 Phase 1 Phase 1 Phase 1 Phase 1 Phase 1 Phase 1 Phase 2 r Phase1 ROSS".,{;: II The infoonabon contained within this doaJment is proprietaty and confidential, and is solely for the use 0( prosped personnel. No part 0( it may be c:itt>Jlated, quoted, Of reproduced for distribution outside 0( the prospect ()(ganization Without prior wntten approval from Ross Systems Professional Services Ross Svstems Professional Service Proposal Business Functionality Requirements - AP. Phase 1 Business Functionality Inside Project Scope (iRenaissance~ Financials ) Outside Project Scope (Implementation For Later Date) I I I t I ----------------..--J I I --------1 ..--~~-~~==~~l i 0----- -- ----.-1 --- -----J Miscellaneous Vendors AP payment - EFT Laser Cheque Printing ,--------- Electronic Bank Reconciliation Multiple Remit to ---.---------- Multiple AP Ledgers - at this time a single AP and PO division is required. AP Distribution change feature AP Bank Transaction functionality Positive Pay o o o o o o o o Business Functionality Requirements - AR- Phase 2 Business Functionality Inside Project Scope (iRenalssance~ Flnanclals ) Outside Project Scope (Implementation For Later Date) AR - Auto Cash Receipts AR - Non AR Inquiry --~---_.-.",,-_.~--~------- AR - Statements AR - Finance Charges AR - o;'btL~tters--' I AR - W;ite-off;----.------ o o o ----~ o o o ROSSmH! II The Inlormation contained within this document is proprietary and confidential, and is solely lor ltle use of prospect pe1SOIlnel. No part at ~ may be drculated, quexed, or reproduced lor d1sllibulion outside at the prospecl OIganlzalion wilhool pfiof wn\len ~ from Ross Systems prolesslonal5elvices Ross Svslems Professional Service Proposal Business Functionality Requirements - FA- Phase 1 I Business Functionalily I I Addition of Assets Interface from Payables Retirements Disposals Continuity Schedule Inside Project Scope (iRenaissanceEl Financials ) Outside Project Scope (Implementation For Later Date) o o o o o ROSSmHI II T~ nlormalion contained WIthin this doaJment is proprietaIy and confidential. and is solely 101' the use of prosped personnel. No part 01 it may be circulated. qu:lfled, or repcoduce:1101' dislribulion outside of the prospect organization wiIhou\ prior wntlen approval from Ross Systems Professional SClVices Ross Snterns Professional Service Proposal Customization Requirements - Financials CITY OF CLEARWATER's tailoring requirements are minimal. The following items are fairly routine Customizations and are typically performed by most new customers. Please note that any required consulting for the design, development and testing of Customizations for the zRenaissance@ application are included under the scope of this Proposal. Customization Requirements & Report Writing Assistance Item Customization Services Available Through Ross Systems Estimated Consulting Days AP Custom Cheque Format(s) Electronic Bank Reconciliation accepting bank file Default values for transactional input GL Inquiry to include Vendor and detail of non updated postings Financial Reports - 30 Reports /15 reports for Budget - assistance only t- o o o o 1.5 2.0 1 Included o 4 days ROSSnlli1 II The Information contained within this document is pr ~ and confidential. and Is solely for the use of prospect personnel, No part ot it may be drculated. quoted. ()( reproduced roc distribution outside c:A the prospect organizalion Wthout prior 'Mitten appltMlI from Ross Systems Professional Servlces. Ross SVSlems Professional Service Proposal System Interface Requirements - Financials At this point in time, a single Generalized Interface was identified that would require system interfaces to the iRenaissance~ General Ledger application in the same format as the Ross Classic Generalized Interface. Please note that any required consulting for the design, development and testing of system interfaces for the zRenaissance~ financial applications are not included under the scope of this Proposal. During the Pilot Design stage of implementation, an in-depth assessment of functional requirements is required by the project team, and a separate proposal is prepared to address the unique nature each system interface. System Interfaces Requirements CITY OF CLEARW Custom Services Estimated Item ATER Available Through Consulting Existing Ross Systems Days Interfaces General Ledger to Classic Generalised 0 0 1.5 Interface File - Payroll Interface GL Batch Upload 0 0 1.5 AR Batch Upload- phase 2 0 0 1.5 AP Batch Upload 0 0 1.5 ROSSmH' II The Intoonation contained within this document Is proprtetary and confidential, and is solely to/' the use of prospect personnel, No part of it may be drculaled. qUO(ed, Of' reproduced for diStribution outside of the prospect organization without p!lor wrttten appt'OYaI from Ross s~ Professional SeNices. Ross SVSlems Prolessional Service Proposal Data Conversion Requirements - Financials The proposed scope of this project will require processes to convert data to support ongoing business operations. Data Conversion Requirements I ; CITY OF Ross Estimated Item CLEARWATE Conversion Consulting R Data I Requirements Services Days I . General Ledger - Elements imported from an Excel spreadsheet in comma delimited 0 0 ,25 format for revenue and expense accounts. 1 General Ledger - Fully Qualified Accounts from an Excel spreadsheet in comma 0 0 .25 delimited format. General Ledger - mapping table of Old Accounts to New Accounts from an Excel 0 0 .5 spreadsheet in comma delimited format. -- General Ledger detail transactions for the Current Year plus one year history 0 0 .5 (Programs and Training). General Ledger Balances for the two years, 0 0 .5 ( Programming & Training) Accounts Payable Vendor Master File from an Excel spreadsheet in a coma delimited 0 0 1 format. Accounts Payable detail closed transactions Eliminated due to Archive for the current year and one year back in an Option with 0 0 ASCII field defined file. (Test environment) CPC Accounts Receivable Customer Master 0 0 1 Phase 2 ROSSUlW II The InfOlTnation contained within this dcx:ument is propr\etaly and confidenIiaI. and Is solely lor tho use cI prospect personnel. No part cj it may be circulated. quoted, << reproduced for distribution outside cj tho prospect organization 'MtI-out prior written approval from Ross Systems Professlonal SeMces Item Ross Svslems Professional Service Proposal CITY OF CLEARWATE R Data Requirements Ross Conversion Services Estimated Consulting Days ; I I i I. .... ..... ..---.:......-- i I Fixed Assets data upgrade from Classic to iRenaissance o o 4 Materials Management Business Functionality Requirements Business Functionality Online Requisitioning Bid Tracking Blanket Orders Direct Orders Multiple Receiving Locations Stock Parts Multiple Warehouses ------~-- Auto Reordering Remote Requisitioning Cart Management PO Tolerances P Cards Interface P Card Module Express Input of Parts Inventory Turn Reports ROSSmFJ I I I =1 L I I I Inside Project Scope (iRenaissancel!) Material Management) Outside Project Scope (Implementation For Later Date) o o o o -_.._._-~----_.. ----.- o -.---.---.-- o o o o o o NA Phase 1 o o II The inlctmatlo1 contaned ~ this doo.Jment is proprietary and coofidential. and is solely for the use 01 prospect personnel. No part of rt may be ortulalcd, qucted. ()( r~ tor distnbubon outside 01 the ~ crganization without prior written approval from Ross Systems Prolessiooal Services . ~~~~~~~ ~ ~ 1:1 ~. ~ r-:: . Q C"t' ", . ~ ~"""..~ 'r~teR.~~ Ross SyStems Professional Service Proposal RO~~ II The Information contained within this doc\Jment is proprietary and conficIential. and is solely for tile use 01 prospect personnel, No part of n may be circulated. quoted. or reprodua!d for dislltlution outside of \he prospect orgMization without prior 'Millen appI'DY3I from Ross Systems Professional SeIvices, Ross Svslems Professional Service Proposal Customization Requirements - Material Management CITY OF CLEARWATER's has identified some area of Customizations. Please note that any required consulting for the design, development and testing of further Customizations for the iRenaissance@ Material Management applications are included under the scope of this Proposal.. Customization Requirements Item Customlzation Services Available Through Ross Systems Estimated Consulting Days Blanket Orders a) From a Purchase Req Blanket Orders) re-commitments/commitments Blanket Orders c) Blanket PO Inquiry Requisition Inquiry link to Blanket PO o o o o Included Included Included Included ROSSmm II The infoonation contained ~ this document is proprietary and COIlfidential, and is sdE+y lor the use d prospect perscIlnel. No pert d K may be ciraJlated. quolec!. Of reproduced lor distribution outside d the prospect organization without prior 'M'llIeo apprOval trcm Ross Sys~ Profossional Services Ross Svstems Prolessional Service Proposal System Interface Requirements - Material Management No Interfaces to the Material Management applications were identified during the Services meeting. Please note that any required consulting for the design, development and testing of system interfaces for the iRenaissance~ Material Management application are not included under the scope of this Proposal. During the Pilot Design stage of implementation, an in-depth assessment of functional requirements is required by the Integration Systems team, and a separate proposal is prepared to address the unique nature each system interface. ROSSmm II The informaliOn contained within this document is proprietaIy and confidential, Md is ~ (0( the use of prospect pelSOl'lnel. No pan of it may be circulated. QUOted, 0( reproduCed for Iistribution cMside of the prosped organization wi1hout prior ~en approval from Ros., Systems Professional Selvices, Ross Swtems Professional Service Proposal Data Conversion Requirements - Material Management The proposed scope of this project will require processes to convert data to support ongoing business operations. Data Conversion Requirements Item CITY OF CLEARWATER Data Requirements Conversion Services Available Through Ross Systems Product Master file from an Excel spreadsheet in a comma delimited format. o o Product Warehouse file from an Excel spreadsheet in a comma delimited format. o o Part History usage for the previous 24 months from an Excel spreadsheet in a comma delimited format. o o Outstanding Purchase Orders will be uploaded manually by the Purchasing Department. o 2 days conversion effort required ROS~m\n II The i1formatjcn contained wiltWl this documentls proprielaIy and confidential. and is solely for \he use of prospect personnel, No part of it may be circulated. quoted. or repoduced lor dislOOu\Jon outslde of the prospect organization wiIhoU prior Y<TiIIen appmvaI from Ross Systems Professional Sefvices. Ross Svstems Professional Service Proposal Education - Workshop The workshop approach will be used to educate the Financial and Material Management Project Teams along with the end users during the Design phase of the Project. The Workshop consists of setting up the training database on the functionality required by CITY OF CLEARWATER. A sample of the master file data (Fully Qualified Accounts, Vendors, and Customers) will be loaded into the database to simulate CITY OF CLEARWATER's environment. Your Ross consultant will conduct the training in an interactive session describing system functionality and illustrating the impact on the organisation. Education collateral will be distributed for each workshop to assist the user understanding the functionality of each module and to be used as a quick reference in the future. The consultant will gather and retain information specific to CITY OF CLEARWATER requirements. An issue list will be initiated during the workshop and will be maintained through the duration of the project. This list will be the catalyst in monitoring any Customization, business process issues, bugs or any other concerns involving the implementation. The following is a list of Finance and Material Management Project Teams workshops that we feel would contribute to a successful implementation. ROSSnm; II The inlormalion contained within this dOC\Jmenl is proprielary and confidential. and is solely lor the use 01 prospect personnel. No part 01 il may be circulated, qr..ded, ex reproduced lor dislnbution outside 0( the prospect exganization without I=rior wrillen approyallrom Ross Systems Professional Sefvices. Ross Systems Professional Service Proposal Workshops - Finance Item CITY OF CLEARWATER Workshops - Days System Overview I I ,- I .5 General Ledger 2 Forecaster Ouickstart ( included in Ouickstart) Phase 2 4 FRx Report Writer( included in Ouickstart) 4 Accounts Receivable Phase 2 1 Account Payable 2 Fixed Assets 1.0 Workshops - Material Management Item CITY OF CLEARWATER Workshops - Days Purchase Order Processing 1.0 Inventory Control 2 Materials Management 1.0 ROSS'mD II The informatioo contained within this document Is proprietary and conficiential, and is sdf!ly for the use cI prospect personnel No part of ~ may be circulated, quoted. or reproduced for distribution outside of the prospect organization -Mthout poor v.ntten approyal !ro'n Ross Systems Professional SefVices Ross SVSlems Prolessional Service Proposal Business Process Review- Optional The Business Process Review is a detailed study of the major business activities and functions within a company that would be impacted with the implementation of a Business System such as iRenaissance. It is an interactive process between the Consultant and the appropriate executive, management and systems personnel of CITY OF CLEARWATER. This phase requires the most active involvement of the Client to convey an understanding of the operational and reporting requirements of the organisation, which will be used throughout the implementation process. This phase in the Implementation is considered an important part of an implementation. The business processes and the business process improvement opportunities (re-engineering) must be identified at this stage to insure a successful implementation. The Ross consultants will identify areas for re-engineering with the goal to improve overall operational efficiencies. ROSSnn~ II 100 ;. b n e1iorl CX)'1tained -Mthin tr1is docI.rneot is proprietary and confidential. IW'ld is solely for the use d prospect personnel, No part d It may be drculated. qu:lIled. 01 ~ J:lr <istIitlUIal outside d the prospect orgarization without prior written apptOYaIlrom Ross Syslemr. Professlonal SeMces. Ross Systems Professional Service Proposal Resources The Project Team will be staffed with adequate and qualified personnel to complete the activities required to support the project. Team members will have the knowledge and authority to make decisions relevant to the implementation of a new business solution within the organization. Every effort will be made to maintain the stability and continuity of this Team for the duration of the project. The impact of resource changes will be assessed when required. Currently, two Project Teams will be created with the mandate to ensure that their area of responsibility is properly executed. The Project Leader assigned to each Project will report the status of the project to the Steering Committee on a regular basis. The Project Teams and their list of team members are as follows: Financial Project Team Implementation Project Team Member Area of Expertise Degree of Involvement Project Leader Overall Knowledge 50 - 80% ------ Accounts Payable Member Accounts Payable 25 - 50% ------*----- Fixed Asset Member Fixed Assets 25 - 50% General Ledger Member General Ledger 35 - 75% .-."--- Information Systems Info Systems 25 - 50% .---- Ross Consultant All Modules 100% ROSSmCfj II The information contained within this document is proprietary and conrldenbal. and Is solely lex the use 01 prospect personnel. No part 01 " may be Circulated, quoted. ex reproduced lex distribution outside 0I1he prospect exganization without prior written approvallrom Ross Systems Professional Services. Ross Svstems Professional Service Proposal Material Management Project Team Implementation Project Team Member Area of Expertise Degree of Involvement Information Systems , I Overa~1 Knowledge I Purchasing ~R 00 I ecelVln9 - i I Accounts Payable r Info Systems I -I All Modules 50 - 80% Project leader Purchasin9 25 - 50% Receiving 25 - 50% Invoicing 25- 50% 25 - 50% Ross Consultant 100% ROSSm~u II The information contained within this document is proprietary and confider4ial. and is solely for the use c:A prospect penonnel. No part at ~ may be circulated. quoted, or reproduced for distribution outside at the prospect organization wilhouI prior written appoval from Ross Sysaems Professional Sefvices, Ross Svslems Professional Service Proposal Timeline Commitment Your Financial and Material Management consultants will work onsite with your Project Team for the duration of the Project (4 - 6 months), as outlined within the agreed project plan. They will assist in all phases of the project and will transfer all Product and Business Process knowledge to the Project Team members. With this standard consulting arrangement in place, along with CITY OF CLEARWATER's complete dedication of resources, Ross Systems Professional Services will work towards a successful implementation. ROSSmUl II The infoonaliOn cootained ~ ttU documentls proprietIly and confIdenIiaI, and is sdefy for the use d prospect persomel. No part 0( it may be c:il'cUated. quoted, or reproduced for lislribution outside 0( the ~ org;riza1ion without prior wriCen approval fr\:m Ross Systems ProIesslonal5eM:es. Ross SVSlems Professional Service Proposal Milestones ROSSnn6 We have studied the high level requirements provided by CITY OF CLEARWATER, and summarize below a possible timeframe as it relates to Ross Systems Implementation Methodology for the first phase of the project. I _._._____~I_____._.- 3 Months December 03 January 04 February 04 Ross Systems Implementation Phase Inltlate(Project Planning & Organization) · Purchase & Install Hardware · Install & Configure Software · Prepare Project Room · Complete Project Charter · Complete Project Kickoff Meeting · Project initiation steps- Chart of Accts, Catalogue reports, cleanup of master files o Design (Pilot Design) · Data Conversion templates · Project Team Education · Design/Business Review · Development & Testing · Pre~are User Education Material Refine (Business Pilot) · Integration Testing · Reporting · Security · Forms Printing Anticipated I, Duration I Milestone Completion o 2- 3 months I I I I I I October 03 November 03 (due to year end activities) 3 weeks March 04 April 04 J_____~ay~n .. II The information contained wthln this document is propIietaty and confidential and is solely lor the use of prospect personnel. No part Of it may be drculaled. quoled. or reproduced for distribution outside d the prospect organization 'o'Mhout prior written approval from Ross Systems Professional Services, ROSSmm Ross Svstems Professional Service Proposal · Interface te~~~~L________ o Go Live (Production Cutover) · Prep for Go live · Live Processing · BE READY May 15th final touches ,_.__.~ -- _.._...-_._~~._.~.~-- o Optimize (Post Implementation Review) complete Assessment i ! , I i I I I I r- 1----.-------..-.-- ----..- 2 weeks June 15'103 1 week After June close II The inlonnation contained v.tthin this document is proprietary and confidential, and Is solely for the use d prospect personnel, No part d it may be circutated. quoted. IX reproduced fof distribution outslde d the prospect organization without prior written approyaIlrom Ross Systems Professional SeMces. Ross Systems Professional Service Proposal Professional Fees Professional Fees Estimate ............................................................................... A comprehensive suite of consulting services are available which vary in price depending upon the service and expertise required. CITY OF CLEARWATER may utilize all, some or none of these services to aid in their migration to iRenaissance~. For the CITY OF CLEARWATER migration, utilizing the services of Ross Systems Professional Services, we estimate fees at a discounted rate of $341,535 USD for the provision of resources on a time and materials basis for phase 1 'of the project. For your convenience, the Professional Fees Estimate located on page 28-29 of this Proposal provides a breakdown of costs and activities. Applicable travel and living expenses, travel time charges have been estimated at $32,000. Phase 2 of the project as currently defined would include $21,000 USD which an estimated $8,000 in applicable travel and living expenses. Rates and terms specified in our Professional Fees Estimate are valid until September 30th 2003. Please note that any required consulting for the design, development and testing of customizations and system interfaces for the zRenaissance@ applications are estimated under the scope of this Proposal, and hence since all customizations are not a fixed price the attached Professional Fees Estimate is subject to change. Every effort will be made to provide the requested services within the Professional Fees Estimate. However, if, as work progresses, it appears that additional funding is required, Ross Systems Professional Services will discuss the remaining level of effort with the client to reach a mutually acceptable agreement on funding the project to its completion. ROSS';'~!i II The information contained within this dOOJment is proprielary and confidential. and IS Sl:Jett for !he use of prospect pernonnel. No part of it may be tiroJlated, quoted, 0( reproduced for distribution outside of the prospect organization .,.,;!hout ~ 'Mltlen approval from Ross Systems Professional 5eIvices. Ross Svslems Professional Service Proposal Prolessional fees Structure-list Price- Relerence Only .............................................................................., Our professional fees are billed by each of Ollr consultants at an assigned hourly rate depending upon the level of expertise they bring to the project. Our services and related costs are as follows: Account Management $250 USD per hour. An Account Manager is assigned to each new project. This individual serves a vital role in this project by guiding the overall direction, co-ordinating all Ross resources and activities involved in the implementation. Platform Services $250 USD per hour. Our Platform Services group specializes in hardware consulting. This team offers a full range of data processing capabilities, from sizing to system performance fine-tuning, and programming and technical system development in your operating environment. Education Services $200 USD per hour. Our Education Services team can provide your Project Team and User Community with quality and timely education to fully utilize & maximize the power of tRenaissancefJ Human Resources. Consulting Services $225 USD per hour. The Ross Consulting Professional Services is comprised of professionals with Finance Resources application backgrounds, specialize in converting clients from current operations onto the IRenaissancetl Product. This group provides implementation consulting, general design work, and report writer development. Integration Servlc.. $165 USD per hour. The Integration Services team is responsible for all modifications, system interfaces, and data conversions. Each member of this team has extensive programming background. This team has extensive experience in design, implementation, and development of custom applications, reports and interfaces. ROSSnnr. The inbmation cortained within this doc:umeot Is proprietaIy and CXlIlIidential, and Is solely tOt' Ihe use of prospect personnel. No part ot . may be ciraAaled. quoled. Of reproduced for distribulion outside of the prospect 0fg8nlzati0n without prior written approval from Ross Systems PrtlIessionaI SeMces Ross SVSlems Professional Service Proposal Agreement Prolessional Services ............................................................................... We are pleased to propose assisting you with the upgrade and migration of your iRenaissance~ solution. Our objective is to partner with you to help you achieve your business goals. In this Proposal, we: · Summarized our understanding of your primary business requiremen ts · Described the project scope · Described our project approach · Outlined a suggested time line · Summarized our project cost estimates Please review this Proposal carefully. You may authorize us to begin work under the terms described herein by signing in the area provided below, indicating your acceptance, and returning an original copy to Jill Smith Agreement Prepared By: Jill Smith Bob Franks Steve Wasserman We look forward to supporting your success through this project and other opportunities in the future. ROSS'n~1I II The Information contained ~thln this document is proprietary and confidential, and Is solely for the use of prospect personnel. No part of ~ may be Circulated, qwted, ~ reproduced for distribution outside of the prospect ~ganization W1lhout prior wntlen approval from Ross Systems Professiooal SeMces Agreements By Ross Systems Inc., IV: 'IJlIII.I..stl. Vlel 'JlsllIl.t & C.I. Agreements By City of Clearwater: C"ltlnl'.III: Irla. ......st MQIr-CI..lssll..r ".nllllll tll'I..: llslll ....all-5llll1 ISsIstIII Chi 11I1"'1' ROSS;mn Ross Svstems Prolessional Service Proposal . 2~'} CllI II Cllarwatlr, nlrld. Iv: Willi.. I. .1...., II ChV ....,.r AUlst: CVI~I. 1.1..11... CllV CI." II The information contained within this doclJment is proptielaly and conrldeobal, and Is solely for the use at prospect personnel, No part of it may be drculated. quoted, Of reproduced lor distnbution outside of the prospect organization wi1hout prtof Vo11tten approval from Ross Systems Professional SeMces. Ross Svstems Professional Service Proposal Appendix A Professional Fees Estimate- Phase 1 As requested the Services Estimate has been detailed and summarized into realistic phases for the project, and that following summary of project cost estimates is for consulting and technical services, described in this Proposal that are deemed "the important steps" to a successful upgrade and migration. Service Days 10 7.5 FP 11 8 10.5 6.5 4 15 4.5 10 Project Management Planning and Organization Technical Installation & Training Design Data Conversion History Read only Education/Workshops Business Process Review Document Processes Interface Work Custom Work Technical Training Ross Education Cen ter Report Writing Assistance --.--------- Review Final Implem. Configuration Business Pilot Technical Assistance /Training Production Cutover 20 5 5.5 10 6 ROSSmtn Amount $USD 15,200 11 , 100 -------- 6,500 14,060 11,840 15,540 9,620 ------- 5,920 18,750 ----- 5,625 4,500 33,000 7,400 8,140 16,000 5,920 II The infoonation contained within \his doaJmen\ is proprietary and conficlential. and is solely fo( \he use of prospect personnel. No part ol ~ may be circulated, quoted, or reproduced fo( distribution outs.de of \he prospect organiza1iOn 'Mltlout prior written ~a1lrom Ross Sysens Professiorlal SeMces Ross Svstems Professional Service Proposal Month End Support , -~- '-~--"'-'_.. PCard Module Phase 1 4 5,920 --_._~,-~...__._..__. ...._-.--- 64,000 55,000 NC 2 Materials Management Enhancements --.--- --.---.-.-----. Post Implementation Review Services total 314,035 Quickstarts Financial Report Writer Quickstart .--- Ibrowser, Security Manager QuickStart 5 days 4 days 10,000 7,500 Connect/Crystal Forms 8 days 10,000 Total Quickstarts 21 27,500 Total Services PHASE 1 341,535 Estimated Travel Costs 32,000 Total Services PHASE l$USD 373,535 ROSS';m~ II The Information contained WIthin this document Is proprietary and confldential, and Is solely lor the use of prospect personnel. No part of it may be draJlated, quoted, Of reproduced 'Of distlibution outslde of the prospect Ofganlzation without prior wriIlen approvallrom Ross Systems Professional Seriices. Ross Svslems Professional Service Proposal Professional Fees EsUmale- Phase 2 As requested the Services Estimate has been detailed and summarized into realistic phases for the project, and that following summary of project cost estimates is for consulting and technical services, described in this Proposal that are deemed "the important steps" to a successful upgrade and migration. Service Days Amount $USD AR implementation Forecaster Quickstart 7.5 5 11,000 10,000 Services total 21,000 Estimated Travel Costs 8,000 Total Services $USD PHASE 2 29,000 ROSS>UJIJ II Tho In/ofmatiOl1 contained within this document is proprietaty and confidential. and is solely lor the use c:J prospect personnel No part of il may be drculaled, quoted, Of reproduced IOf distribution outside 0( the prospect Ofganization wi1tlOUt prior written approval from Ross Systems Professional Servces. Ross Svstems Professional Service Proposal SollWare Modifications P-Card The P-Card System shall consist of the following functions Bank Load and Matching Matching of pre-loaded charges by card holder, transaction date an amount. Matching of credits previously posted as dispute and auto resolves. Retain un-matched transactions for post load reconciliation. Generate report to tie to amount due bank for current billing cycle. Reconciliation Optionally pre-load transaction before bank file matching Distribute un-reconciled transactions loaded from bank Dispute bank transactions Distribution control totals for tax and freight Online lookup of vendors Online account validation Match bank to manual transactions coded to the wrong date Add comments to any transaction Link to a Standard or Blanket PO line (new) Approval Approve/un-approve transactions. Scan card holder transactions for which user is manager or manager designee. Optional extra control point to prevent card fraudulent use. Posting Not approved --> suspense Not reconciled --> suspense Current month ties to bank load Posts adjustments All posted data loaded to history Creates Pre-paid vendor/merchant documents Standard PO related invoice created and PO line updated, if applicable Blanket Release created and Blanket updated, if applicable Optionally creates total payable to bank ROSSmrn II The lnloonalion contained within this document is proprietaIy and confidential. and Is soIeIr for the use of prospect person~ No part 01 it may be ciro.Jlated, quoted, Of reproduced for distributiOn outside of the prospect organizabon wilhouI pOor 'Millen approvaIlrom Ross Systems Proless;onal SeMces. Ross Systems Professional Service Proposal Offsets these documents using a P-Card clearing account Adjustments Reconcile transactions posted to suspense Reconcile denied disputes Adjust previous reconciled distributions Transfer vendor/merchant Add/edit comments to any posted transaction in history Use as online transactions history inquiry Security Setup System admin level users for all functions and exclusive to matching and posting functions and addition of admin level users Admin users for card holder maintenance, reconciliation entry, reporting, . and adjustments Managers and manager designees for approvals Card holder designee for reconciliation entry, reporting, and adjustments Reports Current Period/Un-posted Status of bank loaded transactions Unmatched transactions All un-posted transactions History/Posted Search by card, date, and/or amount Select reconciled, posted to suspense, or in-dispute Un-posted adjustments Blanket Purchase Order Modifications a. Ability to create a Blanket PO from a Purchase Requisition. When a Purchase Requisition is created with a Requisition Type "BK" (BLANKET) it should no longer come up in the normal REVIEW or PO GENERATE for Standard POs. A separate PO GENERATE for Blanket POs would need to be created. Please note that in the Materials Management module (Mat Man), REVIEW and PO GENERATE are integrated as one functional module. Also note that as with Standard Purchase Orders in the Mat Man Module, all information from the ROSSm". Purchase Requisition will need to be copied over to the Blanket PO, inCIUdil The InIc:trTnatiol contained y,;u,in this document is prcprietvy and confidential. and is solely for the use d prospect personnel. No part of it may be Otculaled, quoted. or reproduced lot tbtributlOll ootsade of tl'e prospect organization without pOor wmten approyal from Ross Systems Professional SeM:es Ross Svstems Professional Service Proposal any of the information that was specifically added in the Mat Man version such as the GL account on the requisition header and fixed assets information. b. Pre-commitments and Commitments relating to Purchase Requisitions creating Blanket Purchase Orders. The new Requisitions, of type SK, would no longer reserve pre-commitments. The new PO GENERATE for Blanket POs, would then not have to reverse the requisition pre-commitment and would not issue and pre-commitment nor commitment for the Blanket PO created. The blanket release related modules would have to issue the commitment for the creation of the release instead. This can occur at time of the "Activate" function for the release. Other functions, MODIFY, COPY, and CLOSE, will need to function as normal in terms of Commitment reversals and creation. c. Blanket PO Inquiry to drill down to Purchase Requisition. This would modify the blanket PO inquiry module to be able to drill into the requisition as it does similarly in the Standard PO inquiry. d. Requisition Inquiry to link to Blanket PO Here the requisition inquiry will need to be able to forward inquiry into the blanket as it does today into standard POs. GL Inquiry Modifications The following features are to be added to the GL inquiry as a new alternative inquiry for use with encumbrance functionality. The full sub-ledger transaction drill down inquiries off of this new inquiry module are to be equivalent to those in the current GL inquiry module. e. Addition of a 5 column to the inquiry such that the standard columns of budget, pre-commitment, commitment, actual, and balance can be displayed on one screen similar to how they have it now in the Classic Encumbrance module inquiries. f. Inclusion of the real time AP and PO entries that have not yet been posted to GL (Le. include unposted GL_POSTINGS) in the balances and transaction detail of ROSS.'lI II II The inrormation contained within this document is proprieta/y and confidential, and is solely lor the use a prospect personnel, No part of It may be circulated, quoted, Of reproduced lOf distnbulion 0UIside of \he prospect Ofganization without prior wntten approvallrom Ross Systems Professional 5elvices. Ross Systems Professional Service Proposal this inquiry. This would also be consistent with the current Classic Encumbrance module inquiries. g. Add vendor name in addition to vendor id where applicable on the drill down inquiries. h. Be able to start the inquiry with a summary level account (department level) from which the user can drill into the detail FQAs behind this before drilling into the transaction detail behind each FQA. ROSSwm II The Information contained within this document is proprietary and confidential, and is solely for the use d prospect personnel. No part d it may be circulated. quoted, 0( reproduced fof distribution outside of the prospect cxgarWition without priot~en epprovaIlrom Ross Sys8ns Professional Services. 'J'} j1.:) , ~ Clearwater; ~I~~~~~ ......-~ro.;:/'-:::;r..;__ Agenda Cover Memorandum PR~ City Commission Trackinq Number: 163 Submitted: 08/25/2003 Preferred Date: 10/16/2003 Latest Possible Date: 10/02/2003 Subiect / Recommendation: Approve a one-year funding agreement, in the amount of $291,240 between Jolley Trolley Transportation of Clearwater, Inc., and the City of Clearwater for the operation of transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater Beach to Downtown Clearwater. Summary: Jolley Trolley Transportation of Clearwater, Inc., (Jolley Trolley) has been operating trolley service along the City's beach communities and downtown for the previous 10 years. The current one-year funding agreement expires on September 20, 2003. Current funding supports approximately 61 % of the trolley overall budget with the remaining 37% coming from fares, rentals and advertisements. Funding during the annual term of the current agreement totals $306,670 which is supported through the parking fund ($256,670) and the CRA ($50,000) Funding during the term of the new agreement totals $291,240. The source of this funding will be parking fund ($241,240) and eRA ($50,000). The new proposed agreement includes: A reduction in funding of 5% for the providing of trolley routes, for a total of $291,240. Trolley service between Clearwater Beach and Sand Key - $156,090. Trolley service between Clearwater Beach, Island Estates and Downtown Clearwater - $73,450. Trolley vehicle maintenance - $50,000. Office space rent - $11,700. Same terms and conditions as the previous agreement. New downtown pickup location of the new main Library. The Parks and Recreation Department will administer compliance of the agreement. A copy of the agreement is available for review in the Official Records and Legislative Services Department. Oriqinating: Parks and Recreation Section: Consent Agenda ~ ,Ct~arwater I -~r ~~. Agenda Cover Memorandum Category : Agreements/Contracts - with cost Number of Hard Copies attached: o Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes " . Budget Adjustment: No Current Year Cost: $291,240.00 Annual Operating Cost: $291,240.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Total Cost: $291,240.00 Not to Exceed: $291,240.00 Acproprlatlons Code 435-01333-530300-545-000 188-09311-58200-552-000 Amount $241,240.00 $50,000.00 Approcrlatlons Comment Parkl ng Fu nd CRA Review Approval ...---."'.,-........,,;. ,..,........,.,..,.......,~....,....._.._--_.........._.........--......._------- ~~I. v~ --. .... Agenda Cover Memorandum BHORNE . ~".,..... .....~. ".. . .. ". ,'.. . '...".' .,...... 08/25/2003 13:06:34 08/26/2003 10:21 :49 09/08/2003 19:44: 15 08/26/2003 09: 13:33 09/05/2003 14:26:48 09/08/2003 13:32:30 KDUNBAR LLIPOWSK TWILSON GMCKIBBE GBRUMBAC _....................~'R'''".......~...__.....____.....__,......__.._.____..__:O-_ 1 --....,~...--~~____..... QY'. ~ Clearwater. Agenda Cover Memorandum '~, ~~~~:::::::;?::.~ : p~~ City Commission Tracking Number: 162 Submitted: 08/25/2003 Preferred Date: 10/02/2003 Latest Possible Date: 10/02/2003 Subject / Recommendation: Approve a five-year agreement from October 1, 2003 ~ September 30, 2008, between the City of Clearwater and the Mount Carmel Community Development Corporation of Clearwater, Inc., for the use and supervision of the Kings Highway Center. SummarY: The Kings Highway Center has been operated by the City of Clearwater for over 25 years. This Center is located 1751 Kings Hig hway Road. With the opening of the North Greenwood Recreation and Aquatic Center in January 2003, recreation staff previously budgeted at this center were reassigned and any remaining staff provided for cultural arts opportunities at the center. Mount Carmel and the City entered into parntering discussions that have matured into this operation agreement. Under this agreement the Mt. Carmel of Clearwater CDC, Inc. will provide the following services: Provide cultural arts experiences through a Performing Arts Academy for the benefit of neighborhood and Clearwater area youth, adults, and families. Offer classes in Drama, Dance, Music, and Modeling. Facilitate and support community meetings and activities and for use as a voting site. Provide all staff, materials and supplies, and operating expenses associated with the Center. The arts oriented programming to be offered by this agency is consistent with objectives established by both the Parks & Recreation Master Plan and the Cultural Plan. The Agency will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of it. Accounting of funds received from the City for these programs will be required. Under this agreement the City will provide the follOWing: Lawn and landscape maintenance for all areas around the Center. Maintenance for all major capital components of the building, to include air conditioners, roof, plumbing, electrical, etc. During the first year of the agreement, the City will pay the Center's utilities including electric, water, and sewer (not to exceed 2003/04 budgeted funds). Use of existing furnishings in the building I.e. game tables, chairs, tables and desks. No other in-kind services, supplies, labor, equipment, or funding, whether. on loan or for consumption, will be granted to the agency. A copy of the agreement is available for review in. the Official Records and Legislative Services Department. ~~I. v~ .___~_~__::::J Agenda Cover Memorandum Oriqinating: Parks and Recreation Section: Consent Agenda Categorv: Agreements/Contracts - with cost Public Hearinq: No Financial Information: Type: Operating Expenditure Bid Reauired? No Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $27,120.00 Annual Ooerating Cost: $27,120.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Total Cost: $27,120.00 Not to Exceed: $27,120.00 Appropriations Code 010-01837-542200-572-000 Amount $12,000.00 Appropriations Comment electric - utility charge ... -------~----~,~.._--.--_...-.....~..._*.-.--......~...~,.." . ~~!'. u~ .--.....------.'" Agenda Cover Memorandum 010-01837-542300-572-000 $3,600.00 gas, water and sanitary 010-01837-541100-572-000 $11,520.00 building and maintenance Review Aporoval KDUNBAR 08/29/2003 13:26:55 LLIPOWSK 09/02/2003 10:09:38 BHORNE 09/08/2003 19:49:17 TWILSON 08/29/2003 14:49:55 GMCKIBBE 09/05/2003 14:23:55 GBRUMBAC 09/08/2003 13:33: 11 ", ~".'-"'__"r'____",''''''_________''.___''__'''''___'____________--'''OOiIi''''_'''''_____;_",__~""",.,__"__""_'_._"""''''__~._''~M'.", _.~ ,. R.x.. : ~ i AGREEMENT This Partncrship and Opcrational Support Agreemcnt is made and entered into between the City of Clearwater. whosc address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-474X, hef'cinalkr referred to as thc City, and Mt. Carmel Community Developmcnt CoqlOration ofCh.'arwalef',lnc.. whose address is: 1018 Pennsylvania Avenue, Clearwater. FL 33755. referred to as the Age/lt)', WHEREAS, it has bccn determined to he highly dcsirable allll socially responsible to provide activities to build and foster thc confidcm:c, educational, cultural and social skills and good habits in young people. adults and families; and WHEREAS, thc City dcsires to provide progl'lllllS and activities as a means to help young people, adults and familics; and WHEREAS, the City has rccognized the nCl:d for cOlllmunity cultural programs as outlined in the Clearwater Cultural Plan and suppol'ted hy the Parks and Recreation Master Plan; and WHEREAS, the Agency has proposed to providl: cultural arts experiences for local residents with activities for youth, adults and familics; IInd WHEREAS, the City owns the Kings IlighwllY Center Building, hereinafter referred to as the Center, located at 1751 Kings Highway Road, Clclllwatl:r; WHEREAS, the Agency desires to partncr with the City in providing cultural programs by running the day to day operations llnd onl~ring progl'l\IllS at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TI~RM The term of this agreement shall bc for a pcriod of 5 ycars commencing on the 1st day of October, 2003 and continuing through thc 30lh day of September, 2008 (the Termination Date) unless earlier terminated under thc tcrms of this agreemcnt. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: One 0 f the Agency's goals shall be to provide cultural arts experiences through a Performing Arts Acadcmy at the Center. a) Programs: The Academy will providc classes in: i) Drama (Acting, creativc writing, directing, producing, sound and lighting, set design) ii) Dance (Ballet, Modem, Hip-Hop, African and Swing) iii) Music (Piano, Violin, Drumming, Voice) iv) Modeling (Image Presentation, Grooming) b) Assistance to the Community: The Agency will maintain communication and interaction with the sun'ounding community through such avenues as: i) Faci Iilalion and support of community meetings and activities ii) Facilitation and support for use of center as a voting site c) Assistance to the City: Provide Agency personnel and volunteers to operate and provide programs at the Center. d) 1.loul's of Opl'rntion: As much as possible, the Agency will provide programs and activities at the center on a daily basis and establish regular operating hours. 2. Area to hc SCI'\'ed: Services rendered through this agreement shall be provided within the cOll1oratc limits orthe City as it now exists and as its boundaries may be changed during the tCl1ll of this agreement. 3. Use of Kings Highway Center: a) No Illegal Use: The Agency promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Agency. b) Rules for Usc: Rules and regulations goveming the use of the Center may be established by the Agency, providing they are not in confliet or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such ntles and regulations developed by this Agency may provide for and allow reasonable liseI' fees to be retained by the Agency. c) Inspection by City: The Agency understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall notify the Agency at least 48 hours prior to any inspections. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. 2 I e) Signage: The Agency may place an identification sign on the Center or in the park according to City codes with approval from the City at the Agency's expense. f) Structure: No pemlanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any pemmnent structural additions approved by the City will become City property. 4. Maintenance of the Premises by the Agency. a) Custodial Maintenance: The Agency shall maintain the Center and adjacent areas used by the Agency in a clean and orderly condition. b) Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises as a result of their occupancy other than nomlal wear and tear or vandalism. 5. Payment for all operating expenses: The Agency is responsible to pay all operating expenses associated with the Center. During the first year of the agreement, the City will continue to pay the Center's utilities including electric, water, and, sewer (not to exceed 2003/04 budgeted funds). Commencing October I, 2004, the Agency will assume all utility costs. 6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Center. 7. Scheduled Reports of Agency Activities: a) The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Agency's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Agency agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 8. Creation, Use, and Maintenance of Financial Records: 3 a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies. practices, procedures and any infonnation 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 representatives. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and pnldent stewardship and use of the facilities. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years. 9. Non-discrimination: Notwithstanding any other provisions of this agreement during the tenn of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be othetwise discriminated against as an employee, volunteer, or client of the provider. Agency agrees to maintain reasonable access to handicapped persons. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c) 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 immediately. 10. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 11. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold hanl1less the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damagesofwhatever 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 claimed to have been caused by or in any manner related to the Agency's activities or those of any 4 \ approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or pemlitted by the Agency in or about its premises whether or not based on negligence. 12. I nsurancc: The Agency shall procure at its expense and maintain during the tenn of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Center premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with sections 12 (a) and (b) shall have minimum coverage limits of $500,000. d) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an 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. e) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Parks and Recreation Director before execution of this Agreement by authorized City officials. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: The City is not and will not be contributing any funds except as provided for herein for the maintenance of the Center and Utilities for the first year of this Agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance for all areas in the park and around the Center. b) The City will provide maintenance for all major capital components of the building including air conditioners, roof, painting, plumbing, electrical, etc. 5 c) The City will pay for utilities including electric, water, sewer for a period of one year from October I, 2003 - September 30, 2004. City payment not to exceed FY 2003/04 budgeted funds. d) The City will remove the playground equipment prior to the commencement of the agreement. e) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. f) The City will allow the Agency to use an agreed upon inventory of existing fumishings remaining on site i.e. game tables, chairs, tables, file cabinets, and desks. Agency will be responsible for maintenance and replacement of items if needed. g) The City will remove all operating supplies, arts & craft materials, TV's, VCR, computers, etc. prior to start of agreement. 3. City Liaison: The Cultural Affairs Division of the City of Clearwater will serve as the City Liaison for the Agency ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between 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 V. TERMINATION I. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for tennination. This agreement may by terminated with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may tenninate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving sixty (60) days written notice of such intended lise, following which this Agreement shall temlinate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation hereof, together with any other monies due in accordance with this Agreement. 6 ARTICLE VI. NOTICE Any notice required or pennitted 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 sllch 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 (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Agency, addressed to Mt. Cannel Community Development Corporation of Clearwater, Inc., Chief Executive Officer, 1018 Pennsylvania Avenue, Clearwater, FL 33755. ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of October 2003. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2003. day of Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Horne, II City Manager APPro(~ Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk By: I Printed Name: Chief Executive Officer ~VE'PENT CORPORATION OF CLEARWATER,INC. / . J"/(.(e'''~ 7 Final Agenda Item # Meeting Date: YDi as q J I '71/03 " . Clearwater City Commission Agenda Cover Memorandum Worksession Item #: SUBJECT /RECOMMENDATION: Award a contract in the amount of $109,898.86 to DGG TASER, Jacksonville, FL for the purchase of one hundred fifty (150) M26 Tasers, l&1 and that the appropriate officials be authorized to execute same. SUMMARY: . The Advanced Taser M26 is a less.lethal weapon designed to incapacitate a suspect from a safe distance without causing death or permanent injury. . The M26 Taser is built in the shape of a traditional firearm and has a built-in laser for greater accuracy. This less.lethal weapon uses compressed nitrogen to shoot two small probes up to 21 feet. This distance reduces the need for officers to go "hands on" with subjects who are dangerous and/or resisting arrest. Testing of volunteers from various Military Special Forces and Police SWAT Teams had a 100% incapacitation rate. Studies have shown that the Advanced Taser M26 can significantly reduce injuries to both officers and suspects. . Currently the Police Department has 39 Tasers, and this expenditure will equip the police department's Patrol Division. This expenditure will include the weapons, holsters, additional cartridges and shipping costs. . All costs will be charged to the SLEF Trust Fund Special Project No. 181-99331-550400-521-000. Reviewed by: Legal Q~)) Info Srvc Budget ~ Public Works purc~a~4 DCM/ACM Risk NI Other Mg A mt Originating Dept: POIiCe~) .J. M(/~' Prepared ti : Sherry Hunt Total Costs $109,898.8E Funding Source: Police -r../)~ Current FY -0- CI OP Attachments Other Submitted by: --0- dA lJ. City Manager f)W ~~_. printed on recycled paper 7/03 X None Grant Funds - no match A ro rlation Code: 181-99331-504 Rev. Meeting Date: PD~ ,'JIo -.iJ \ C;:.I 0 '-~ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # SUBJECT/RECOMMENDATION: Approve acceptance of grant funding in the amount of $30,822 from the State of Florida, Office of the Attorney General, FY 2003/2004 Victims of Crime Act (VOCA) Grant Program, 00 and that the appropriate officials be authorized to execute same. . SUMMARY: . The City of Clearwater Police Department has been awarded a FY 2003/2004 VOCA grant in the amount of $30,822 that will be used to continue funding for an additional victim advocate for one year. . For the past four years, VOCA grant funding has allowed Clearwater's victim assistance program to provide more crime victims with crisis counseling; follow-up contact; information and referral; criminal justice support/advocacy; emergency financial assistance; and assistance in filing compensation claims. The addition of the VOCA-funded victim advocate and the victim assistance program volunteers has enabled Clearwater to provide all of these services at virtually any time of the day or night and allowed for easier scheduling of vacation and sick days without a negative impact on victim services. . Grant funds will provide $23,012 for salary and $7,810 for benefits for the VOCA victim advocate. The Department will pay the balance of the VOCA victim advocate's salary to satisfy the required 20% match of $7,706. All costs associated with the grant will be charged to Special Project Number 181-99300. . The VOCA-funded victim advocate position is not required by the grant to be retained at the end of the grant period. . VOCA Program Guidelines require that all grant recipients utilize volunteers in their victim advocacy programs. The Department has been successful in recruiting a number of outstanding volunteers for the program and will continue to do so. The Department provides the screening and training for the volunteers, as well as office space, equipment and free parking. . The matching funds in the amount of $7,706 are available in the Special Law Enforcement Trust Fund, project number 181-99331, and will be transferred to project 181-99300, VOCA 2004, at first quarter. Reviewed by: $ legal . Budget Purchasing ... Risk Mgmt nI... Originatin,.gept: Info Srvc ~ POIi~~/f4c..c.-.. Public WO~kS Pr~red by~~~et Skinner DCMlACM User Dept. Other POIi~ -I /U c...: AUachments Costs Total $7,706 funding Source: Current FY CI OP Met... ~~L ~ X None Other $7 706 Special Projectt 181-99300 Rev. 2/98 ~. .- ,r .. .. Victims Served by the Victim Advocate Program October 1,2001 - September 30, 2002 Typeof.Victim Per VOCA Criteria ' Primary Secondary , 'Total Child Victims of Physical Abuse 20 7 27 Child Victims of Sexual Assault 24 30 54 Victims of DUI/D\VI Crashes 30 0 30 Victims of Domestic Violence 513 0 513 Adult Victims of Sexual Assault 29 0 29 Adult SUr\'ivors of Incest or Child Sexual Abuse 0 0 0 SUr\'ivors of Homicide Victims 9 1 10 Victims of Assault 28 1 29 Victims of Elder Abuse 7 0 7 Victims of Robben' 166 4 170 Other Crime Victims 914 36 950 . . , Total :,,1740'. ,79, 1819 .'. ; . " . , Type and Number of Services Provided by the Victim Advocate Program October 1, 2001 - September 30, 2002 ,'" " ::Typeo( Services Provided to tbe:Yicthns " " :Pi'imary;' 'Secondary:: :;']:'O't81 '; Crisis Counseline: 51 16 . '67. Follow-up Contact 1042 192 1234 Therapy 0 0 '0. Group Treatment 0 0 0 Crisis Hotline Counselin2 0 0 ' ., 0 , Shelter/Safe House 0 0 0.:., Information and Referral 756 145 . 901:, Criminal Justice Support/Advocacy 588 99 687', . , Emer2encv Financial Assistance 2 1 :,'<:3~'- Personal Ad\'ocacy 1021 171 ,., '1192 ' Telephone Contacts 1047 171 1218 Emer2enCy Legal Advocacy 0 0 ,;0:.' Assistance in Filine: Compensation Claims 152 22 ' ,:174: Other Services 867 0 ;867: ~~~~~i~b~~J~}~~~l~~~t~t~~~f~Totil {E:~;~?~~;t~:t:':~;{~~~;:.,:r1;~mV~:r~~)~~iy.~~~~~:~~1, ."'~' 5S261h'~< ~t~~;~.;~~~ S"l' 7f~~:~~;;;~~ '''~6343 . , 1~\~7~~ ;~;i:t~:~ '...., , \(/." ",<:",..~., "'n:..J.PJ.,J. ~~; , w.~~~ STATS FOR PERIOD OF October 1,2002 through June 30,2003: (Nine month period of current fiscal year) Primary Victims served: 1,288 Secondary victims served: 39 Number services provided primary: 4,258 Number services provided secondary: 796 ,~~ ~~ >=' "1 ~Jf...~~ ~. Meeting Date: P03 ~'7 CJ/I~/O"3 , I Clearwater City Commission Agenda Cover Memorandum VVorksession Item #: Final Agenda Item # SU B JECl /RECOMMEN DA liON: Approve a transfer of $300,000 from the 2003 debt service account into a special project account established to fund a downtown team of one Sergeant and five Officer positions, [gJ and that the appropriate officials be authorized to execute same. SUMMARY: . Due to the expiration of federal grant funding for the Police Homeless Outreach program which provided overtime for downtown police patrols, current and future issues require new approaches for a higher level of police visibility and order maintenance in the downtown area. . Due to the pending reduction of 11 officer positions from expired federal grants, the Police Department does not have adequate staffing in existing community policing teams to reorganize and create a new team specific to the downtown core area. . The Police Department has an anticipated $300,000 saving in debt services from the Police Computer Network Capital Improvement Program (CIP). . This program will retain six (6) sworn officer positions slated to be eliminated, and will be funded in the same manner as grant positions, only for the next budget year, and with no requirement for retention. . Funding for this program will be transferred from debt services account 010-01144-591600-521-000 in the amount of $300,000.00 into Special Program project 181-99294. Reviewed by: Legal ~ Budget Purchasing Risk Mgmt N/A Info Srvc NtA PublicWork~ DCMlACo/ -tfL Other Nt A Originating Oept: Police ~J /Ch J. . Prepared by. ~erry Hunt- , User Oept. n.J Police ~ ..., ICt/.Lc..... Attachments Costs Total $300,000 Funding Source: urrent FY CI OP $300 000 Other Submitted by: 13J M. City Manager. ~ IN"' - X None Appropriation Code: 181-99294 Rev. 04/03 ,~~ :: ~~ --- ~ ~=- q ~Am.\~ ------ Meeting Date: Po ~ .?-- '6 qJI~/03 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School and Countryside High School for 3 years commencing August 17, 2003, through July 31, 2006, IE and that the appropriate officials be authorized to execute same. SUMMARY: . Under the terms of the three-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. The assigned officers will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. . The School Board will reimburse the City, for the 2003/04 contractual terms, the sum of $35,312.83 base salary, per school resource officer, for a total of $70,625.66. This is a 2% increase in the rate reimbursed to the City for the 02/03 school year. The Department negotiated unsuccessfully with Pinellas County for a 3% increase, but under difficult negotiations an agreement was forged with the Pinellas County School Board for a 2% increase. Payments are to be made in quarterly installments. . Additionally, overtime costs related to school functions will be reimbursed to the City by the School Board. The actual salary and benefit costs to the City for providing the School Resource Officers at Clearwater and Countryside High Schools is a total of $103,861.77. The total cost, $103,861.77, minus the reimbursement, $70,625.66, equals an annual cost to the City of $33,236.11. These amounts are based on current FOP obligations; however, the FOP contract is currently under negotiation. The difference between the actual costs and amount reimbursed is offset by the benefit of the program to the community and the Police Department. . The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and to Countryside High School since January 1, 1986. ~:::~Wed by: ~ Budget ~ Purchasing : Info Srvc n1a Ori~g'natin \ Dejt: . PoU ~ I~ PreJMred y: Sherry Hunt User Dep~t. _ n. J(p,.I' ~. ,. <.'" Police Costs Total Risk Mgmt nl16 Public Works n1a DCM/ACM ~ Other n1a Current 33,236.11 FY Funding Source: CI . OP Attachments Other Submitted by: j) 4. ~ City Manuer ~ N lA- o Printed on recyded paper X None Rev. 2/98 Final Agenda Item # Pw~ &} Clearwater City Commission Agenda Cover Memorandum Work session Item #: Meeting Date: 9/18/03 SUBJECT/RECOMMENDATION: Award a contract for parking attendant services at the Pier 60 and South Gulfview parking lots for the period 10/01/03 - 09/30/06 to Standard Parking Corporation, Tampa, FL, at a cost of $1,235,004 per the final evaluation of the Request For Proposal #33-03 in accordance with the specifications; l!I and that the appropriate officials be authorized to execute same. SUMMARY: . Attendant parking began at Pier 60 in April 1990 and March 1993 at the two South Gulfview lots. . Responses to the RFP were received June 30, 2003 to provide parking attendant services for these three locations (689 spaces). . Three responses were received. . The specifications requested a three-year contract with a 90-day cancellation clause. . Standard Parking Corp. scored highest on the overall evaluation criteria and was second best in cost. . The current parking management company (Central Parking System) costs were 7% higher than Standard Parking; however, they scored 2nd highest on the overall evaluation process. . The selection criteria included: Financial stability, Approach to the project, Cost, Experience, References, Local support, and Hourly rates. . The selection committee was comprised of 5 City staff members (1 from Human Resources, 1 from Parks & Recreation, 1 from PWAlAdministration and 2 Parking System employees). . Annualized revenue per parking space for these locations is $2,970. . Total annual revenue for all locations is $2,046,607. . For FY 2004 the costs will be $402,653 and funding for this contract is included in the 2003104 City Manager's Recommended Parking Fund (435-01333) Operating Budget Contractual Services. . A copy of the contract is available for review at the Official Records and Legislative Services Office. Reviewed by: Originating Dept: PWAlParklng System,(\ (T. Bruch)~ 'f\.~ Costs: Total $ 1,235.004 aer Dept. Current FY N/A Funding Source: CI OP X Other Attachments Submitted by: City Manager ~d_ I!I NONE Appropriation Code: 435-01333-5303 5-000 Vf Rev. 2/98 Printed on recycled p.per Contr.ct for Puking Attendant Svcs 2003.doc . . Jl.e '. Pw d-. .ftQ. ~ d '1 PARKING FACILITIES MANAGEMENT CONTRACT This PARKING FACILITIES MANAGEMENT CONTRACT (this Contract) is made and entered into as of this day of 2003, by and between the City of Clearwater, Florida, P. O. Box 4748, Clearwater, FL 33758-4748 hereinafter referred to as the "City," and Standard Parking Corporation, Attn: Senior Manager, 201 East Kennedy Blvd.. Suite 750, Tampa, FL 33606 a Delaware corporation, hereinafter referred to as the '"Firm." WIT N E SSE T H: THAT, WHEREAS, City presently owns or controls the parking facilities defined herein and has the authority to contract for the management of said facilities; WHEREAS, the Fiml is an experienced Firm and manager of parking facilities; and WHEREAS, City and the Finn desire to enter into an agreement whereby the Firm will manage all parking of motor vehicles at such facilities upon the terms, covenants and conditions herein set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. PARKING FACILITIES. City hereby grants to the Fiml and the Finn hereby accepts the exclusive right and obligation of administering, managing and operating the parking operations with respect to the parking facilities located in the City of Clearwater, Florida, as described in the Request For Proposal, No. 33-03 (uRFP"), which RFP is incorporated herein by this reference and hereinafter referred to as the "Parking Facilities." 2. TERM. The term of this Agreement shall be for three (3) years, commencing on October I. 2003 (the "Commencement Date") and expiring on September 30, 2.006, unless sooner terminated in accordance with (a) the following paragraph or (b) any other applicable provision herein. Either party may terminate this Agreement at any time, without cause, upon not less than ninety (90) days prior written notice to the other party hereto. 3. THE FIRM'S OBLIGATIONS AND SERVICES: OPERATING EXPENSES. The Finn hereby covenants and agrees that it will: (a) Operate and direct the operation of the Parking Facilities in accordance with the specifications set forth in the RFP. The Firnl's services shall be provided in a professional, businesslike and efficient manner, with supervision and inspection adequate to properly manage the Parking Facilities as detailed in the RFP. City reserves the right to establish the hours of operation and parking rates for the Parking Facilities. (b) Routinely maintain. through minor repairs and adjustments, the equipment located at the Parking Facilities as required by the tenns of the RFP. (c) Hire, pay, provide customary benefits for and supervise sufficient experienced and qualified personnel who will render the services required by this Contract. Such employees will be neatly unifornled as required in the RFP and courteous to the public. All persons so employed shall be employees of the Firnl and not of City, and shall have no authority to act as the agent of City. The Finn shall screen all of its employees at the Parking Facilities in accordance with the RFP requirements. (d) Cause the Parking Facilities to be maintained in a clean and orderly manner according to reasonable standards acceptable to City, but the Finn shall not be required to make (and shall not be authorized to make, without City's prior written approval) any structural, mechanical, electrical or other installations, alterations or repairs to the Parking Facilities required by statutes, regulations or other governmental requirements pertaining to air quality, environmental protection or persons with disabilities, which matters shall be the sole responsibility of City. (e) Obtain and maintain the policies of insurance specified in Section 7 hereof. (t) Collect fees for parking and storage of motor vehicles at the Parking Facilities and deposit same in accordance with Section 4 herein. (g) Provide any other selvices required by the RFP and the "Standard Operating Procedures" to be developed by the Finn in conjunction with City staff as set forth in the RFP. With regard to security, City expressly acknowledges that the Finn does not have knowledge or expertise as a guard or security service, and does not employ personnel for that purpose, nor do the Finn's employees undertake the obligation to guard or protect customers against the intentional acts of third parties. City shall detennine, at City's discretion, whether and to what extent any precautionary warnings, security devices, or security services may be required to protect patrons in and about the Parking Facilities. "Operating Expenses" shall include the following: salaries and wages and associated payroll burden (including payroll taxes and fringe benefits); license and pennit fees; unifonns, 2 supplies, tools and cleaning; telephone; employee recruitment, training and ongoing employee relations; postage and freight; tickets, paper and reporting forms; accounts payable and insurance claims processing; health insurance, workers' compensation insurance and garagekeeper's legal and general public liability insurance premiums. Such Operating Expenses shall be paid out of the Management Fee. Operating Expenses shall not include (i) the costs of maintenance and repair perfonned by the City, or (ii) City's various costs associated with its o\\l1ership and/or occupancy of the Parking Facilities, including without limitation depreciation, building insurance, debt retirement (including without limitation mortgage interest), rent and such costs and expenses as may be necessitated to comply with the Americans With Disabilities Act of 1990). Payment of sllch expenses and costs are the sole obligation of City. "Reimbursable Costs" are any expenses, which are not deemed Operating Expenses and are approved by City prior to expenditure. 4. GROSS RECEIPTS: SALES TAX. All Gross Receipts collected by the Finn under this Agreement shall be deposited in a federally insured bank account designated by the City in writing. "Gross Receipts" shall mean all cash collected by the Fiml for the parking and storage of motor vehicles, whether on an hourly, daily, weekly, or monthly basis, less all refunds due customers per the approved Standard Operating Procedures Manual. With regard to Sales Tax, the City shall be responsible tor payment directly to the tax collector of any Sales Tax based on Gross Receipts collected by the Finn. Therefore, the Firnl is authorized to deduct Sales Tax each month from Gross Receipts at the same amollnt that was paid out by the Finn for such month. The City shall be responsible for payment directly to the tax collector of the Sales Tax on any cash collected by City or its agents (other than the Finn). Any deviation from the Sales Tax payment responsibilities as described above must be mutually agreed upon and set forth in a signed amendment to this Agreement. In addition, each party hereto agrees to defend, indemnify and hold hannless the other party hereto, with respect to any and all loss, costs (including attorney's fees), penalties, and all other liability whatsoever arising out of any breach of the respective Sales Tax payment obligations set forth herein, or as may be subsequently set forth in any signed amendment(s) hereto. 5. MANAGEMENT FEE. As compensation for the Finn's services hereunder, City shalJ pay the Finn a management fee ("Management Fee") in the amount set forth below. Annual adjustments to the Management Fee are set forth below. The Management Fee shall be paid by the City to the Finn monthly in accordance with Section 6 below. Year I 10/1/03 - 9/30/04 Year 2 10/1/04 - 9/30/05 Year 3 10/1/05 - 9/30/06 $402,653 $41 0,899 $421,452 3 6. PAYMENT OF MANAGEMENT FEE. \Vithin fifteen (15) days after receipt of the Finn's monthly statement, the City shall pay the Finn the Management Fee. If the aforesaid payment is not made by the City to the Finn within said IS-day period, the City shall be deemed to be in default and the Fiml's remedies shall be as set forth in Section 20 below. 7. INSURANCE COVERAGES. (a) The Firm shall carry and maintain, as an Operating Expense, the following Insurance coverages: (1) Worker's Compensation insurance in compliance with the Worker's Compensation Act of the State of Florida. (2) Employer's liability insurance on all employees for the Parking Facilities not covered by the Worker's Compensation Act, for occupational accidents or disease, for limits of not less than $100,000 for anyone occurrence, or whatever is necessary to satisfy the requirements of the umbrella liability insurance specified in Subsection (a)(5) below. (3) Comprehensive general liability insurance on an occurrence form basis with limits of not less than $1,000,000 per occurrence with an annual aggregate limit of $2,000,000 per location. (4) Comprehensive crime insurance including employee theft, premise, transit and depositor's forgery coverage, with limits of liability as to any given occurrence of $50,000 for monies and securities inside and outside the Parking Facilities, and $1,000,000 on account of any employee dishonesty. (5) Umbrella liability insurance, in excess following form, with an annual aggregate limit of not less than $50,000,000. (b) The liability policies affording the coverages described in Subsections (a)(3) and (a)(5) above shall be endorsed to cover the City and its employees, agents, directors and officers as additional insured. The City shall be named as a loss payee with respect to the crime insurance required in Subsection (a)(4) above. (c) All such insurance shall be with companies as shall be reasonably satisfactory to City, and all such policies shall provide that they may not be cancelled or adversely altered without at least thirty (30) days' prior written notice to City. The Firm shall deliver satisfactory certificates of insurance 4 to City and renewal policies shall be obtained. and certificates delivered to City, at least thirty (30) days prior to expiration. The City's address for delivery of the insurance certificates is as follows: City of Clearwater Attn: Parking System P. O. Box 4748 Clearwater. FL 34618-4748 8. MONTHLY REPORTING. On or before the 15th day of each calendar month, the Finn shall mail to the City a statement showing all Gross Receipts collected in the preceding month and the Managemcnt Fce due. Within ninety (90) days following the last month of the tenn of this Contract, thl' Finn shall mail a like final statement. The Fim1 shall keep complete and accurate reports and records (collectively, the "Records") of all Gross Receipts relating to the Parking Facilities. Such Records shall be kept in accordance with good accounting practices and shall be in addition to the record-keeping requirements set forth in the RFP and in the Standard Operating Procedures. The Finn shall permit City to inspect the Finn's Records at the Finn's offices during reasonable business hours. 9. EQUIPMENT AND IMPROVEMENTS. The City shall provide the equipment and improvements described in Item 5(E) of the RFP. In addition, the Firm may, with City's written approval, purchase and install other equipment or improvements, which the parties agree should be installed as part of the revcnue and traffic control system and operational requirements for the Parking Facilities. Title to equipment and improvement so purchased and installed by the Firm shall vest in City upon installation, subject to reimbursement by the City. The Finn agrees that it will not make or construct any improvements, additions or alterations to the Parking Facilities without the prior written consent of City. 10. CITY'S OBLIGATIONS. The City, at its expense. shall be responsible for performance of those obligations described as the "City's Responsibilities" in Item 7.0 of the RFP. The City also shall pay the Finn in accordance with the temlS of this Contract. 11. INDEMNIFICATION. The Finn shall defend, indemnify and hold the City hannless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property dan1age arising directly or indirectly from the perfom1Ullce by the Finn, its employees, subcontractors, or assigns, including legal fees, court costs or other legal expenses. The Cit)' shall give the Finn prompt written notice of any claim for which it seeks indemnity hereunder. 5 12. LICENSES AND PERMITS. The Firm shall obtain and maintain all licenses and penn its required by an operator of Parking Facilities by any governmental body or agency having jurisdiction over the Firm's operations at the Parking Facilities and will abide by the tenns of such licenses and pennits. Any license or penn it fees incurred by the Firm shall be deemed an Operating Expense. 13. LAWS AND ORDINANCES. The Finn shall not use all or any part of the Parking Facilities for any use or purpose which is (i) forbidden by or in violation of any law of the United States, any state law or any city ordinance, or (ii) may be dangerous to life, limb or property. 14. RELATIONSHIP OF THE PARTIES. No partnership or joint venture between the parties is created by this Contract, it being agreed that the Finn is an independent contractor. 15. FORCE MAJEURE. Neither party shall be in violation of this Agreement for failure to perfonn any of its obligations by reason of strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of the public enemy, acts of public authority, weather conditions, riots, rebellion, accidents, sabotage or any other circumstances for which it is not responsible and which are not within its control. No Management Fee shall be due to the Finn if it suspends operations for any such cause or event, for the period of such suspension. 16. GOVERNING LAW. This Contract shall be governed by and construed In accordance with the laws of the State of Florida. 17. APPROVALS. Whenever the approval of either party is required herein, such approval shall not be unreasonably withheld or delayed. 18. WAIVERS. No waiver of default by either party of any tenn, covenant or condition hereof to be perfonned or observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of the same or any other ternl, covenant or condition hereof. 19. SEVERABILITY. If any provision hereof is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision hereof, provided such invalidity does not materially prejudice either party in its rights and obligations contained in the valid provisions of this Agreement. 6 20. TERMINATION. In addition to all other termination rights hereunder, either party may terminate this Contract upon the breach by the other party of any covenant, term or condition hereof, provided the breaching party first receives written notice of such breach and fails to remedy same, within ten (10) days if a monetary breach or within twenty (20) days if a non-monetary breach, after receipt of written notice thereof, or if the breaching party fails to commence remedying such non-monetary breach within said twenty (20) day period if such breach cannot be reasonably remedied within twenty (20) days. Either party may terminate this Contract in the event the other party files a voluntary petition or similar pleading for bankruptcy, insolvency, receivership or makes an assignment for the benetit of creditors, with such termination to be effective upon giving notice thereof. Either party may terminate this Contract without cause upon not less than ninety (90) days prior to effective termination date. Notification oftennination must be made in writing. 21. NOTICES. Any notice or communication required to be given to or served upon either party hereto shall be given or served by personal service or by express delivery or by mailing the same, postage prepaid, by United States registered or certified mail, retum receipt requested, to the following addresses: TO CITY: City of Clearwater Attn: George McKibben, Purchasing Manager 100 South Myrtle A venue Clearwater, FL 33758-4748 TO THE FIRM: Standard Parking Corporation Attn: Senior Manager 201 East Kennedy, Suite 750 Tampa, FL 33606 With Copy to: Standard Parking Corporation Attn: Legal Department Suite 1600 900 North Michigan Avenue Chicago, IL 60611 And:: Standard Parking Corporation Attn: Thomas L. Hagerman, Senior Vice President 50 West Broad Street, Suite 1600 COIWllbus, OH 43215 Either party may designate a substitute address at any time hereafter by written notice thereof to the other party. 7 22. ENTIRE CONRACT. This Contract, together with the RFP and the Standard Operating Procedures to be developed, constitutes the entire contract between the parties, and supercedes all representations, statements or prior contracts and understandings both written and oral with respect to the matters contained herein. No person has been authorized to give any information or make any representation not contained in this Contract. This Contract may be amended only by written agreement of the parties. 23. PARTIES BOUND. This Contract shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, executors, administrators, legal representatives and permitted assigns. 8 . IN \VITNESS \VHEREOF, the parties to the Contract have hereunto set their hands and seals and have executed this Contract, in duplicate, the day and year first written. Countersigned: CITY OF CLEARWATER ....... ~ By: Brian J. Aungst Mayor-Commissioner \Villiam B. Home, II City Manager Attest: Cynthia E. Goudeau City Clerk Attest: Standard Parking Corp. ~tJ:6 (N~ E) lAhll d +\c::...(t (TITLE) ~1 ~ c-. ~ \\I\o.r-c ~ v 1c<,,,A-S L, /-Ia?"'t'Y\.c, ^- ~"'I t....... ,), C~ ~~ \ ~u~'" Approved By: (N E) N :r. FUGN'" (TITLE) ftE6, ..,,,'" F ,,,,,,,,aq. ~"ItGI'" 9 pw~ 3cJ. ~ ,cte"arwater -~ v~ Agenda Cover Memorandum City Commission Trackinq Number: 148 Submitted: 08/13/2003 Preferred Date: 09/18/2003 Latest Possible Date: 09/18/2003 Subject / Recommendation: Approve the Cooperative Funding Agreement between the Southwest Florida Water Managment District (SWFWMD) and the City of Clearwater for funding the Alligator Creek Implementation Projects, Phase II in the amount of $1,000,000. Summary: ~__~______..-..--... '~'_"'__"'~"""_''''''''''' o-ool............__.... ,,~"'""....,...............__.....,.......___._'~.-........~__...____\O.,""'_..,.......~......_.......____.,.....__..................__~___~_._....--.._............... -.<._..___ ...... ; Clearwater 1 ::.~~; ~--v' ----. --~........._._",.".--~--' Agenda Cover Memorandum The Comprehensive Watershed Management Plan for the Alligator Creek Watershed (June 1997), developed in cooperation with Clearwater, Pinellas County, Safety Harbor and SWFWMD prioritized projects for implementation. The first three projects have been completed and include: Stabilization of Alligator Creek Channel B between SR590 and Moccasin Lake Park Moccasin Lake Park Sediment Sump and Re-hydration; and Cliff Stephens Park Dredging and Sediment Sump The Kapok Wetland and Floodplain Restoration Project is in the design and permitting phase. The Pinellas Anclote River Basin Board of the Southwest Florida Water Management District has agreed to provide funding for the next group of projects which include: Clearing and snagging operations in Channel A between Belcher Road and N.E. Coachman Widening the channel between N.E. Coachman and U.S. 19 Bypass channel from Channel A to the Solid Waste Transfer Station Treatment Pond Larger box culverts at the entrance road to the Solid Waste Transfer Station Off-line Solid Waste Tranfer Station Treatment Pond; and Erosion control measures in Channel G. SWFWMD has committed funding in the amount of $1,000,000 for design, permitting and construction. The Agreement requires that construction commence by December 31, 2004 and that work be completed within five years. A first quarter amendment will establish the budget for grant funding (000061) from SWFWMD in the amount of $1,000,000.00 in the Capital Improvement Program project 315-96156, Alligator Creek Implementation Projects - Phase II A copy of the Agreement is available for review in the Office of Official Records and Legislative Services. Originatino: Engineering Section: Consent Agenda Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Aooroval MOUILLEN 08/20/2003 10:58:26 TWILSON 08/29/2003 15:42:34 ~~l v~t BHORNE GBRUMBAC CGOUDEAU ...-..,....-"".....--... ...---_._.._._--~ Agenda Cover Memorandum 09/08/2003 11:39:52 09/05/2003 14:21:38 09/08/2003 11:50:56 n ~ Clearwater :, ~::8::B:~.:~ ~-'-/":.-'" Agenda Cover Memorandum pC0i ~31 City Commission Trackino Number: 150 Submitted: 08/13/2003 Preferred Date: 09/18/2003 Latest Possible Date: 09/18/2003 Subject / Recommendation: Approve a work order with Parsons, an Engineer of Record, for construction engineering and inspection for the Kapok Wetland and Floodplain Restoration Project in the amount of $599,547. Summary: The City Commission approved a work order to Parsons on April 4, 2002 for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $135,136. Subsequently the Commission approved an additional $97,770 for additional work including permitting of the Alligator Creek Sanitary Sewer Pump Station, additional design changes and coordination with the City of St. Petersburg related to the design for the relocation of the St. Petersburg water main. The design and permitting is scheduled to be complete by December 31, 2003 followed by bidding and award of a contract for construction. The start of construction is anticipated to commence in the fall of 2004; however, will be contingent on the progress of the Alligator Creek Force Main and Gravity Sewer and Pump Station project. The work order includes continuing pre-construction coordination with St. Petersburg for the water main and with the Alligator Creek Force Main and Gravity Sewer and Pump Station project; construction scheduling, bid phase services, administration of the construction contract, engineering and inspection services and professIonal services to Greeley and Hanson, St. Petersburg's engineer of record. Sufficient budget and revenue are available in the 2002 Stormwater Utility Revenue Bond Construction project, 377-96141, Kapok Flood Resolution, for this work order. A copy of the work order is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section: Consent Agenda ~ Clearwater :.~ ~~~, Agenda Cover Memorandum Category : Agreements/Contracts ~ with cost Financial Information: ~ Capital Expenditure In Current Year Budget? Yes Current Year Cost: $599,547.00 Not to Exceed: $599,547.00 Appropriations Code 377-96141-561200-539-000 Amount $599,547.00 Review Approval MOUILLEN 08/20/2003 CGOUDEAU 09/08/2003 BHORNE 09/08/2003 08/22/2003 09/05/2003 TWILSON GBRUMBAC Appropriations Comment 10:56:12 11:51:51 11:38:32 15:57:33 14:22:22 '" . "'_" ''''~'__''''''''.''d~, ...~_., ~.".~," ........~_...............,""...".~. .&',c<...,~~__.~.". .......-"".....~.............~.....r....-.---......--............-._........____,...._......."........"...~_____..........~rt__....,......_......~,. ~._ ~_".....".....->............~_,..,>.._.,., ,~. . ITEM # 32- CA1. J~ ~ Clearwater c.~~~ ~~~~ Agenda Cover Memorandum City Commission Tracking Number: 169 Submitted: 08/25/2003 Preferred Date: 09/18/2003 Latest Possible Date: 09/18/2003 Subiect / Recommendation: Authorize settlement of Udoh v. City of Clearwater, an employment discrimination case, in the amount of $65,000. Summary: Etim Udoh, a former employee, was terminated on or about September 30, 2002 for performance-related reasons, and sued the City for discrimination based on race and national origin. Although some of the facts are not in dispute, there are many others, particularly the position of the respective parties relative to Mr. Udoh's work performance, which are disputed. The parties agreed to an early mediation to see if an agreement could be reached. The case went to mediation on Monday, August 25, 2003, and representatives of the parties agreed to settle the matter for the amount of $65,000, pending approval of the City Commission. OriginatinQ: City Attorney Section: Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Other Bid Required? No ~ Clearwater t ~'.~J Agenda Cover Memorandum Bid Exceptions: Other Other Contract? Litigation Settlement In Current Year Budoet? Yes Current Year Cost: $65,000.00 Total Cost: $65,000.00 Aooropriations Code 590-07000-545900-519-000 Amount $65,000.00 Aporooriations Comment Review Aooroval PAKIN CGOUDEAU 08/25/2003 16:07:38 TWILSON 09/05/2003 08/26/2003 14:23:25 08:28:24 ......... -,.--.._"-_..-.~..~"'.._-,,........._---.....".. -" .....-.. ....,--_...--~.......;._--.........."'_......__.....,.........~_......~......,..""....."..._-_..~-,~.~........ ....'~~..,~...,-~.~..~..,-_._.~...-.,~-, ',' ; ."',,- .~., Final Agenda Item # Meeting Date: PL.D ?-.. <33 Clearwater City Comnlission Agenda Cover Memorandum Worksession Item #: q . ,~ 03 SUBJECT/RECOMMENDA TION: APPROVE an amendmcnt to the City Commission land development policy relating to frcestanding signs. landscaping. walls and monumcnts serving subdivisions. [8] and that the appropriate officials be authorized to execute same SUMMARY: The Planning Department and Neighborhood Services propose an amendment to the City Commission land dcvelopment policies that would permit freestanding signs and la!1dscaping within public rights-of-way identifying previously developed single-family subdivisions and multi-family developments. The existing City Commission policy prohibits entranceway signage and landscaping within the public rights-of-way and many older developments do not have private land to accommodate a neighborhood/complex identification sign. The provisions of proposed Ordinance No. 7106-03 permit such signs and the Commission policy should be revised to renect the ordinance provisions. The policy amendment also removes the provision restricting adopt-a-park signs to wood signs 18-inches in height with three-inch letters. Proposed Ordinance No. 7106-03 will govern these signs. The Parks and Recreation Department is currently exploring a variety of sign types and designs and will create a catalogue of several, pre-approved designs. All other aspects of the existing policy will remain including. but not limited to liability provisions, insurance requirements and maintenance standards. Reviewed by: '1 . Originating Dept.: Costs Legal Xi94 Info Srvc N/A PLANNING DEPARTMENT Total N/A Mark T. Par Budget N/A Public Works User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current N/A CI FY Risk Mgmt N/A Other Attachments: OP City Commission Policy Amendment STAFF REPORT Other ~ o None Appropriation Code: ( CITY COMMISSION POLICY LAND DEVELOPMENT ***** B. Subdivision Walls. Landscapine. and Sie.nae.c Monunlents. New entranceway landscaping, monuments, signage. and walls shall not be allowed within the public rights-of.way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. Entranceway signage and landscaping may be located within public rights-of-way provided that such signs are in compliance with Section 3-l806.A.l.a and b of the Community Development Code The owners of all existing and proposed entranceway features signs and landscaping) occupying public property are to execute an agreement with the City of Clearwater wherein owners agree to keep all features in good repair, hold the City hannless for any liability arising from the use of the public right-of-way, and provide a $500,000 liability insurance policy. Upon failure of the owners to execute such agreement and provide the required insurance policy after forty-five days from written notice, or by tagging the structure when owners cannot be determined, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after similar notice, the Public Works Department is to remove all such materials occupying the public right-of-way at the cost of the property owner andlor neighborhood association or other such entitY. /'.. wooden sign with breaka'.vay features approved by the City Engineer may be allowed within the public right of way when associated with the Parks aAd Recreation ''.\dopt a Park" program, and is to be limited to a size necessary to name the sponsoring agency in 3 inch letters. Such sign to be a ma.ximum height of 18 inches. ***** 30, ~ Clean vater ! ::,~~l ~'-" I Agenda Cover Memorandum f3UL City Commission Trackino Number: 161 Submitted: 08/22/2003 Preferred Date: 09/18/2003 Latest Possible Date: 09/18/2003 Subject / Recommendation: Pass on first reading Ordinances 7171-03 and 7172-03 to amend the City's FY 2002/03 Operating and Capital Improvement Program (CIP) Budgets. Summary: The FY 2002/03 budgets for city operations and city capital improvement projects were adopted in September 2002 by Ordinances #7012-02 and 7013-02. In accordance with the City Code of Ordinances a review of the City's financial operations was performed at the end of the third fiscal quarter. That review determined that amendments were needed to the budgets due to unforeseen or emergency circumstances that have arisen during the year. A cover memorandum and more detailed information is provided as exhibits accompanying these ordinances. Orioinatino: Budget Office Section: Other items on City Manager Reports Categorv : Other Public Hearing: No Financial Information: ~ Other ......,....,....". w~.>~ ., .,.". _.~"_"'''' ..,,<.~, .<..,_......,..".~P .r'~~' ~....-H___~_.' -""".~-......,.~,...,..."...,.....#..,._..~ ~~l U~.1 Agenda Cover Memorandum Bid Reaulred? No Bid Exceptions: Other Other Contract? n/a Ordinance amends budgets and does not purchase goods or services In Current Year Budget? Yes Budget Adjustment: Yes Budget Adjustment Comments: Amend operating and capital budgets after final Commission approval. For Fiscal Year: 10/01/2002 to 09/30/2003 Review Approval TWILSON 09/03/2003 14:55:01 GBRUMBAC 09/05/2003 14:27:00 CGOUDEAU 09/08/2003 11:57:54 BHORNE 09/08/2003 11:21:38 .............._".......,.,_.._..,............'~..~~___,,_,__......_.__.____ u.... 4 ,.,. ~'" ___"'.. . _ .._ ...--_.... -...,-..,,.,-.........-,,...-....--...-.......,,,.,., .-..,.......,'......... ORDINANCE NO. 7171-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER UTILITY FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, MARINE & AVIATION FUND, PARKING FUND, HARBORVIEW CENTER FUND, ADMINISTRATIVE SERVICES FUND, GENERAL SERVICES FUND, GARAGE FUND AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2003, for operating purposes, including debt service, was adopted by Ordinance No. 7012-02; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $6,672,197 for revenues and $6,320,267 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7012-02 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2002 and ending September 30, 2003 a copy of which is on file with the City Clerk, the City Commission hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Mayor-Commissioner Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 50 Ordinance No. 7171-03 ORDINANCE NO. 7172-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003, TO REFLECT A NET INCREASE OF $8,885,734 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2003 was adopted by Ordinance No. 7013-02; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7013-02 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2002 and ending September 30,2003, a copy of which is on file with the City Clerk, the City Commission hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater. a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance #7172-03 53 Third Quarter Budget Review Fiscal 2002-03 City Manager's Transmittal Ai ~ .3 i- )lQ \ ~ U 2, Memorandum TO: Mayor and City Commission FROM: Bill Home, City Manager COPIES: Garry Brumback, Assistant City Manager Ralph Stone, Assistant City Manager Department Directors SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: September 5, 2003 Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October, 2002 through June, 2003) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net decrease of $97,360 at third quarter. One of the most significant amendments recognizes that telecommunications tax. revenues are anticipated to be well below estimates by as much as $1 million by year end. On the other hand, franchise fees utility taxes, building pennit revenues, and property tax receipts are coming in better than expected, and related amendments will offset the decrease in telecommunication tax revenues. Overall, gross revenue receipts across all General Fund revenue categories are still expected to be on budget for the year. The major reason for the overall Fund expenditure decrease of$97,360 is the result ofa planned reduction in Parks and Recreation operational expenditures to offset lower than anticipated revenues for recreational fees, rentals, and activities for the fiscal year. Gelleral FUIld Reserves - In order to ensure adequate reserves, the City Commission's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. At third quarter, the allocation of $69,300 of retained earnings is appropriated to fund commitments previously authorized by the Commission and detailed on page 4 of this report. In addition, another $42,340 is allocated for General Fund retirement payout expenses, for a net allocation of $111,640 from retained earnings at third quarter. Estimated General Fund reserves at third quarter are approximately $10.5 million, or 11.40/0 of the current year's General Fund budget, exceeding our reserve policy by just over $2.6 million. Third Quarter Budget Review Fiscal 2002-03 City Manager's Transmittal The significant amendments to other City Operating Funds are as follows: Gas Fund Again at third quarter, the Gas Fund recognizes a significant increase in gas sales and related franchise fees, as well as other minor revenue increases, primarily due to increases in gas sales due to increased fuel prices resulting in an increase in Fund revenues of almost $1.6 million at third quarter. Program expenditures are expected to increase by a little more than $1.2 million with fuel costs representing the largest portion of this cost increase. Solid \Vaste Fund Solid Waste revenues reflect a $49,700 increase in operating revenues at third quarter due to increased roll-off and commercial activity. Program expenditures are expected to increase by $119,100 as a result of increased dump fees due to the enhanced levels of roll-off and commercial activity. Recvclin!! Fund Recycling Fund revenues reflect a $35,000 increase in operating revenues at third quarter, due to increased commercial activity and the sale of recyclables. Program expenditures are expected to increase by only $3,360. Marine & Aviation Fund Marine and Aviation Fund revenues and expenditures reflect an increase of $75,000 due to increased gas and oil sales, and the related increased cost of fuel for resale. Parkin!! Fund The only amendments to the Parking Fund are the allocation of$I.45 million of unappropriated retained earnings to the Pelican Walk Garage project and $62,400 to establish the Parking Enforcement program in the current year. Both items have been approved by the Commission during the last few months. Harborview Fund Third quarter amendments reflect savings in program expenditures netting to $19,500 accumulated to offset anticipated like decreases in Harborview revenues for the year. The Harborview Fund is being carefully monitored on a monthly basis in order to meet annual budget parameters. Internal Service Funds The Administrative Services Fund recognizes an amendment to fund the City-Wide Connectivity project from a loan from the Central Insurance Fund in the amount of $916,540, which was approved by the Commission in June 2003. All other expenditure amendments to the internal service funds have been either previously approved by the Commission or are relatively minor and offset by like increases in revenues for enhanced departmental support. These amendments are provided on page 16 of this report. Third Quarter Budget Review Fiscal 2002-03 City Manager's Transmittal Capitallrnprovement Fund The amendments to the Capital Improvement Fund total a net budget increase of $8,885,734. The most significant amendments resulting in this increase are outlined on page 20 of this report and include $5.5 million for stom1water projects for Kapok and Lake Bellevue improvements, $1.45 million for the Pelican Walk Parking Garage, and S 1.2 for City-Wide Infrastructure Connectivity, and $638,500 for the property purchase for the new Fire Shop/Supply facility. The City Commission has previously approved all of theses capital improvement project budget increases. The only significant amendments that have not been previously approved by the Commission include the allocation of Fire Department operating savings to provide $65,000 to outfit the Fire Shop/Supply Facility, $150,640 in debt savings in the Infornlation Technology program to allocate to the project for the Finance System Replacement, and $25,000 of operating savings in the Clearwater Customer Service program to establish a project to fund improvements to the CCS printer room. The only other significant new project is the recognition of a HUD grant in the amount of S 131 ,500 to support the Coronado/South Gulfview proj ect. Special Proe:ram Fund The Special Program Fund reflects a net budget increase of $1,708,107 at third quarter. Budget amendments primarily reflect increases in public safety programs totaling $641,843 recognizing projects established for the Downtown Patrol operation, a grant from the Clearwater Housing Authority for patrol presence at Jasmine Court, funding for Police outside duty services, and other miscellaneous public safety grants; $458,667 of increases in the Special Events program recognizing sales and proceeds received from special events; and more than $320,000 in other grant funds including $200,000 from the EP A for Brownsfield programs and more than $75,000 from the Juvenile Welfare Board to support recreation programs for youth. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2002/03 FY 02103 Amended Third Third Third Adopted Previous Quarter Quarter Quarter Amended Description Budget Quarter Projected Actual Variance % Adjustment Budget General Fund.' Revenues 93,236,590 94,828,700 72,188,761 70,831.605 -1,357,156 -2% -97,360 94,731,340 Expenditures 93,236,590 9~,828,700 72,706,176 70,317,196 2,388,980 3% -97,360 94,731,340 Utility Funds: Water & Sewer Fund Revenues 46,228,000 46,228,000 34,437,000 31,268,420 -3,168,580 -9% 0 46,228,000 Expenditures 44,452,990 44,452,990 33.618,292 30,423,204 3,195,088 10% 51,330 44.504.320 Stormwater Fund Revenues 9,538,080 9,568,390 6,582,796 6,561,634 -21,162 0% 34,510 9,602.900 Expenditures 9,538.080 9,568,390 7,838,696 7,546,600 292,096 4% 34,510 9,602,900 Gas Fund Revenues 29,274.990 31,330,890 23,797,329 24,083,699 286,370 1% 1,592,370 32.923.260 Expenditures 28.393,600 30,487,620 24.083,507 22,958.471 1,125.036 5% 1.256.770 31,744,390 Solid Waste Fund Revenues 16,175,100 16,259,100 12,215,300 12,321,531 106,231 1% 49.700 16,308,800 Expenditures 15,724,910 15,859,680 11.920,632 11,635,223 285,409 2% 119,100 15,978,780 Recvclina Fund Revenues 2.356,000 2.434,300 1.841,787 1,899,031 57,244 3% 35,000 2,469.300 Expenditures 2,344.840 2,427,500 1,901.227 1,822,373 78.854 4% 3.360 2,430,860 Enterorise Funds.' Marine & Aviation Fund Revenues 3.201,400 3,209.930 2.333,080 2,346,513 15,433 1% 75,000 3,284,930 Expenditures 3,181,860 3,169,650 2,354,416 2,427,511 -73,095 -3% 75,000 3,264,650 Parkina Fund Revenues 4,351,920 4,330,560 3,013.017 2,995.683 -17 ,334 -1% 1,450,000 5,780,560 Expenditures 3,363,700 3,325,370 2,575,547 2,489,454 86,093 3% 1,512,400 4,837,770 Harborvlew Center Revenues 2,276,280 2,327,660 1,802,366 1,861,910 59,544 3% -19,500 2.308,160 Expenditures 2,276,280 1.877 .660 1,312,367 1,566,191 -253,824 -19% -19,500 1,858,160 Internal Service Funds: General Services Fund Revenues 3,264,090 3,256,530 2,253,012 2,256.833 3,821 0% 40,460 3.296.990 Expenditures 3,239,680 3.232,120 2,485,685 2,492,681 -6,996 0% 40,460 3,272,580 Administrative Services Revenues 8,332,980 8.380,480 6.249,750 6.118,355 -131.395 -2% 916,540 9,297,020 Expenditures 8,332,980 8,380,480 6,095.186 5,511,809 583,377 10% 916,540 9,297,020 Garaae Fund Revenues 8,957,230 9.035,050 6,499,616 6,702,616 203,002 3% 81.050 9,116,100 Expenditures 8.957,230 9,035,050 6.667.158 6,601,202 65.956 1% 81,050 9.116,100 Central Insurance Fund Revenues 15,779,190 16.340.510 11,029,459 10,370,582 -658,877 -6% 8,020 16,348,530 Expenditures 14,076,920 14,576,920 9,886.724 9,319,703 567.021 6% 0 14,576,920 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2002-03 REPORT PAGE # General Fund Operating Budget ................. ...... ........................ ................................ ... ...... ............................................ 3 Utility Fund Operating Budget .......................... ........................................ ................... .................. ..... .......................... 8 Other Enterprise Funds Operating Budgets ................................................................................................................ 13 Internal Service Funds Operating Budgets .................................................................................................................. 16 Capital Improvement Progranl Budget.............. .................. ..... .............................................................................. ..... 20 Special Program Fund Budget ................... ....... .................. ...... ....................... ............ ..... .................................. ......... 37 Special Development Funds............................... .................. ............................. ................. .......................................... 46 Administrative Change Orders........................... .................... ..............................................0.... .............. ..................... 49 Ordinances................................................................................. ........................ ................. ............. ........... .................. 50 TIiird Quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents nine months, October 1, 2002 through June 30, 2003. The adjusnnents, however, represent all data available at the time of the report, including action taken by the City Conunission after June 30, 2003. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Conunission on September 19,2002. Third Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Third Quarter Actual Self-explanatory. Variance Difference between Third Quarter projected and Third Quarter actual. Variance % % of variance to Third Quarter projection. Adjusbnents Adjustments which have been approved by the City Conunission, made at the Manager's discretion, and/or adjusbnents proposed based on Third Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget 1 Capital Improvement Projects The amended 2002/03 Capital Improvement Projects budget report is submitted for the City Conunission review. This review provides the opportunity to analyze the status of all active projects and present fonnal amendments to the project budget. The Capital Improvement and Special Program funds infonnation is presented as follows: Definitions: Budget The budget as of October I, 2002, which includes budgets from prior years which have not been completed. Amendment Amendments which have been approved by the City Commission, made at the Manager's discretion, and/or adjustments proposed as a result of the Third Quarter review. Revised Budget Adding colWIUlS one and two. Expenditure Self-explanatory. Encwnbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference nWllber for description of amendment. 2 . PropertY Taxes Telecommunicationsl Sales Tax Franchise Fees Utility Taxes Licenses & Permits Fines. Forfeitures & Penalties Interaovernmental Increasel (Decrease) 496,340 (1,065,000) (24,000) 175,000 406,100 355,000 (64.840) (441,270) .. ~:..~.1:.:., :.-.~~~7":1;'--':''-':;''-- .. . .. ;,~:~~'~l.~.~t'~:~"> '. .' ." .:....'.:.;.':.'..:.' .'. . . ., .,'.'; .... ., - ,., I . ".' . . . " . City of Clearwater General Fund Revenues Third Quarter Amendments FY 2002/03 Description By the end of July basically all property tax revenues have been received for tho year. The budget is increased to reflect actual collections to date. At third quarter Telecommunications/Sales Tax are 15% below budgeted estimates. Telecommunications Tax collections are $717,000 less than last year's actual collections after the June receipts. A decrease of $1,065,000 is recommended at third quarter. This decrease should be offset by increases in property tax collections, utility tax, and franchise fee revenues. local 1/2 cent sales tax collections are approximately $18,000 less than budgeted after June receipts. A budget decrease of $24,000 is recognized for the fiscal year. Franchise fees reflect an anticipated annual increase of $175,000, based upon collection history for nine months. Utility taxes reflect an increase of $406,100 in anticipated receipts from taxes collected on electricity based on collection history through July. The 24% positive variance is due to increased BUilding Permit revenues. The budget amendment increases anticipated revenues by $355,000 which is based upon ten months of collection activity. Fines, Forfeitures & Penalties reflect a budget decrease in court fines based upon collection activity through July. The budget amendment reflects a decrease of $467,110 to correct the reimbursement from Pinellas County for fire service. In the adopted budget, this reimbursement was correcUy budgeted in the Special Development Fund to recognize the County reimbursement for fire equipment & facility expenditures paid by Penny for Pinellas proceeds, but was also budgeted as part of General Fund revenues in error. In addition, the amendment reflects a budgeted increase of $21,840 In Plnellas library Co-op funding, and $4,000 in other State revenue funds, for a net budget decrease of $441,270. 3 . . . . ... .i, '. ",.;:';::. '.'; '.' '. ..... ''''':i~, J:,t....~~... <.. '. ..' ." - :,~, ': Charaes for Service Use & Sale of City Property Miscellaneous Interfd CharaeslTransfers Transfer ( to) from SurDlus Increase/ (Decrease) (206,120) 38,200 121,590 111,640 (97,360) City of Clearwater General Fund Revenues Third Quarter Amendments FY 2002/03 DescriDtion The budget amendment reflects decreases of $231,230 in various anticipated recreation fees, rentals and activities revenue. These are reduced by increases of $5,110 for sailing center building rental and $20,000 in Pier 60 concession revenues, for a net budget decrease of $206,120. This revenue decrease is offset by decreases in Parks & Recreation Department expenditures and. increases in other revenues. No Amendment. The budget amendment reflects increases of $30,000 for workers compensation reimbursements and $8,200 from a civic association to purchase a speed board for traffic operations. The net budget increase is $38,200. The budget amendment reflects an increase of $271,980 in the gas dividend based on final audit results for 2002; a decrease of $60,180 in reimbursements from enterprise operations for the annexation program that was never implemented (this revenue decrease is offset by a similar decrease in Planning program expenditures); and a decrease of $90,210 in capitalized labor charges to City projects, for a net budget increase of $121,590. The budget amendment reflects the transfer of $19,300 of unappropriated retained earnings to capital Improvement project 315-91213, Major Fire Apparatus Refurbishing, approved by the Commission 6/19/03. and the appropriation of $50,000 of unappropriated retained earnings for outside legal service for on"901n9 litigation, approved 817/03. In addition, $34.880 for Parks & Recreation and $7,460 for Library retirement payout expenses is being funded with retained earnings reserved for unanticipated retirements. The net budget increase is $111,640. .. . . . . . Increasel (Decrease) City Attorney 50,000 f!!:!! 19,300 Llbrarv 29,300 Marine & Aviation 20,000 . .,....., '. "'.:.r;~:,,::.~, . '::. . .: City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2002103 Descriotion The budget amendment reflects the appropriation of $50,000 of unappropriated retained earnings for outside counsel services for on-going litigation, approved by the Commission 8/07/03. The budget amendment reflects the appropriation of $19,300 of unappropriated retained earnings as a transfer to Capital Improvement project 315-91213, Major Fire Apparatus Refurbishment, approved 6/19/03. Also, transfers from operating savings include $65,000 to provide additional funding to the capital Improvement project (315-91248) for the Fire Shop/Supply Facility; and $8,020 to the Central Insurance Fund for Emergency Management Services (EMS) insurance premiums to reflect the actual premiums paid. The net budget increase is $19,300. The budget amendment reflects an increase of $21,840 due to unbudgeted salary increases resulting from the city-wide pay study salary changes, offset by the increase in Pinellas County Library Co-op funding. Also included is an Increase of $7,460 for retirement payout expenses being funded by retained earnings reserved for employee retirements by Commission policy. The net budget increase is $29,300. The budget amendment reflects a $20,000 increase in cost of goods for resale for Pier 60, which is offset by an equal increase In concession sales revenue. ,." 5 ....~~.> . . ;;..:.... . ... ,:.;".: ',.t'".:,;:;;: .. i~';:';.' .. ..' City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2002/03 Increasel (Decrease) Description Parks and Recreation (118,980) The budget amendment reflects a decrease of $153,860 across all operations that partially offsets decreases in anticipated revenues for recreation fees, rentals and activities. Also included is an increase of $34,880 for retirement payout expenses being funded by retained earnings reserved for employee retirements per Commission policy. The net budget decrease is $118,980. Plannlna (60,180) The budget amendment reflects a decrease of $60,180 due to a planned annexation program that was not implemented. In addition, operating savings of $65,000 has been identified and transferred to a special program project 181-99140, "Special Planning Design and Evaluation". Pollee o The budget amendment reflects the transfer of operating savings to the following special program projects:$300,000 to 181-99294, Downtown Patrol Team, to fund 6 full time equivalent sworn positions for one year, approved 9/18/03; $800 to 181-99305, Bullet Proof Vests; $22,620 to 181-99324, LLEBG 2003; and $4,400 to 181-99298, Operation Apoyo Hispano II. The net budget amendment is zero. Public Works Administration 8,200 The budget amendment reflects an increase of $8,200 for the purchase of a speed board, which is being funded by a donation from the Sand Key Civic Association. Non-OeDartmental (45,000) The budget amendment reflects the return of $45,000 of general fund retained earnings from the capital improvement project 315-93523, New Main Library, due to the donation of HVAC components, as approved by the Commission 6/19/03. Net Fund Amendment (97,360) 6.~-. GENERAL FUND THIRD QUARTER REVIEW For Nine Month Period of October 1, 2002. June 30, 2003 2002103 2002103 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget General Fund Revenues Property Taxes 31,385,360 30,760,000 30,988,532 228,532 1% 496,340 31,881,700 Telecommunications/Sales Taxes 13,973,940 9,551,000 8,080,795 (1,470,205) -15% (1,089,OOO) 12,884,940 Franchise Fees 6,891,660 4,581,244 4,450,725 (130,519) -3% 175,000 7,066,660 Utility Taxes 9,958,970 6,391.541 6,745,621 354,080 6% 406,100 10,365,070 Licenses & Permits 3,282,610 1,639,929 2,028,672 388,743 24 o/a 355,000 3,637,610 Fines, Forfeitures, & Penalties 1,504,130 1,011,526 940,601 (70,925) -7% (64,840) 1,439,290 Intergovernmental Federal 503,520 548,069 535,963 (12,106) -2% 0 503,520 State 2,835,070 1,941.175 1,895,255 (45.920) -2% 4,000 2,839,070 County/Other 6,488,750 4,064,482 3,945,929 (118.553) -3% (445,270) 6,043,480 Charges for Service 2,389,000 1,699,972 1,461,810 (238,162) -14% (206,120) 2,182,880 Use & Sale of City Property 1,228,800 921.603 895,005 (26,598) -3% 0 1,228,800 Miscellaneous Revenues 139,460 71.298 79,775 8,477 120,4 38,200 177,660 Interfund Charges & Transfer 12,239,070 9,006,922 8,782,922 (224,OOO) -2% 121,590 12,360,660 Operating Revenues 92,820,340 72.188.761 70,831,605 (1.357.156) -2% (209,OOO) 92.611.340 Transfer (to) from Surplus 2,008,360 0 0 0 nJa 111,640 2,120,000 Total Revenues 94,828,700 72.188.761 70,831.605 (1.357,156) -2% (97,360) 94.731.340 General Fund Expenditures City Commission 266,850 199,561 179,352 20,209 10% 0 266,850 City Manager's Office 807,140 628,748 595,131 33,617 5% 0 807,140 City Attorney's Office 1,361,790 1,026,728 1,031,597 (4.869) 0% 50,000 1,411,790 City Auditor's Office 128,790 96.244 94,686 1,558 2% 0 128,790 Development & Neighborhood Svcs 3,230,860 2.432.743 2,309,090 123,653 5% 0 3,230,860 Economic Development & Housing 1,617,960 1,237.121 1,205,716 31 ,405 3% 0 1,617,960 Equity Services 485,580 388,645 347,844 40,801 10% 0 485,580 Finance 1,940,300 1,444,860 1,376,195 68,665 5% 0 1,940,300 Fire 16,231,790 12.594,224 12,351.113 243,111 2% 19,300 16,251,090 Human Resources 1,216,540 905.442 870,900 34.542 4% 0 1,216,540 Library 4,775,150 3.737.447 3,695,996 41.451 1% 29,300 4,804,450 Marine & Aviation 407,030 320.591 345,005 (24.414) -8% 20,000 427,030 Non-Departmental 5,212,610 4,624,831 4,377,408 247.423 5% (45,000) 5,167,610 Office of Management & Budget 284,970 214,014 207,655 6,359 3% 0 284,970 Ofl1clal Records & Legislative Svcs 1,213,820 909.802 812,544 97,258 110k 0 1,213,820 Parks & Recreation 15,797,620 11,918.473 11,504,797 413,676 3% (118,980) 15,678,640 Planning 1,165,920 867.768 749,355 118.413 14% (60,180) 1,105,740 Police 29,001,350 21.858.340 21,366,307 492.033 2% 0 29,001,350 Public Communications 907,840 677.981 563,966 114.015 17% 0 907,840 Public Works Administration 8,774,790 6.622.613 6,332,539 290.074 4% 8,200 8,782,990 Tollil Expenditures 94,828.700 72,706,176 70,317,196 2.388,980 3% (97,360) 94,731.340 7 Water & Sewer Fund Revenues: Expenditures: Increase/ (Decrease) 51,330 City of Clearwater Utility Funds Third Quarter Amendments FY 2002/03 Description o At third Quarter, Water & Sewer Fund anticipated revenues exceed anticipated expenditures bv $1.723,680 for FY 2002/03. No revenue amendments are proposed for the Water & Sewer Fund at third quarter. Water & Sewer expenditure amendments reflect an increase for the transfer of $83,190 to capital improvement project 315- 96521, Public Works Infrastructure Management System, approved by the Commission on 6/19/03. This is partially offset by decreases of $11,330 in WPC Plant operations and $20,530 in Water Distribution operations for the internal service charge for annexation, since the program was not implemented. The net budget amendment is an increase of $51,330. Stormwater Fund Revenues: Expenditures: . 34,510 34,510 At third Quarter. Stormwater Fund anticipated revenues eaual anticipated expenditures for FY 2002/03. Stormwater revenue amendments reflect the use of $41,590 of unappropriated retained earnings for the Stormwater portion of an asset management system, approved by the Commission on 6/19/03. This is partially offset by a reduction of the use of retained earnings due to expenditure decreases noted below, for a net revenue increase of $34,510. Stormwater expenditure amendments reflect an increase of $41,590 for the transfer of unappropriated retained earnings to capital improvement project 315-96521, Public Works Infrastructure Management System, approved by the Commission on 6/19/03. This is partially offset by a $7,080 decrease in the Internal service charge for annexation, since the program was not implemented. The net budget Increase is $34,510. 8 . Gas Fund Revenues: Expenditures: Increase/ (Decrease) 1,592,370 1 ,256,770 City of Clearwater Utility Funds Third Quarter Amendments FY 2002/03 DescriDtion At third Quarter. Gas Fund anticipated revenues exceed anticipated expenditures bv approximatelv $1.178,870 for FY 2002103, Budget amendments to Gas revenues reflect increases of $1,521,170 in gas sales and $120,200 in franchise fees due to the rise in the cost of fuel, and $50,000 in appliance sales. These are partially offset by decreases of $99,000 primarily in installation charges. The net revenue increase is $1,592,370. Third Quarter expenditure amendments for Administration & Supply include increases of $1,059,530 due to increased fuel prices and increased fuel sales, and $6,000 to purchase gas leak detectors, and a decrease of $9,200 in the internal service charge for annexation, for a net increase of $1,056,330. The increase of $25,020 in South Area Gas Operations is due to the transfer of $40,000 to capital improvement project 315-96380 for the purchase of a forklift approved on 08/07/03. The $81,520 of increases to North Area Gas Operations are due to service and repair and installation for resale items. Increases in Marketing & Sales consist of $87,400 for commissions and costs of resale appliances, and $6,500 to replace a computer server. Amendments also include the transfer of $50,000 of operating savings to capital improvement project 315-96521, Public Works Infrastructure Management System, approved by the Commission on 6/19/03. The overall net increase to Gas Fund Expenditures is $1,256,770. SoUd Waste Fund Revenues: Expenditures: 49,700 119,100 At third Quarter. Solid Waste Fund anticipated revenues exceed anticioated exoenditures bv $330.020 for FY 2002/03. Budget amendments to Solid Waste revenues reflect increases of $34,000 for commercial collection charges and $10,700 for contractor fees due to additional roll-off service, and $5,000 for anticipated interest earnings, for a net revenue increase of $49,700. Thlrd.quarter budget amendments reflect a net increase of $135,000 In dump fees due to the Increased roll-off business, a decrease of $8,500 In internal service charges for a deleted annexation program, and $7,400 of decreases In other operating costs. The net budget amendment reflects an Increase of $119,100 that Is partially offset by new revenues. .t."' ,.';.' . 9 +. . d"', _ ;. : ~ , " Recyclina Fund Revenues: Expenditures Increase/ (Decrease) 35,000 3,360 City of Clearwater Utility Funds Third Quarter Amendments FY 2002/03 Description At third Quarter. Recyclinq Fund anUcioated revenues exceed anticioated exoenditures by $38,440 for FY 2002/03. The Budget amendments to Recycling revenues reflect $10,000 of increases in collection fees due to increased commercial collections plus an increase of $30,000 in the sale of recyclables due to higher than projected market prices for commodities and increased volume. These increases are reduced by a $5,000 decrease in anticipated interest earnings on equity in pooled cash, for a net revenue Increase of $35,000. Budget amendments reflect decreases in residential recycling operations of $25,300 representing debt savings as a result of a delay in delivering the four replacement curbside recycling vehicles and $3,540 of internal service charges for an annexation program which has been deleted. The amendments reflect an increase of $32,200 in commercial recycling operations due to both increased volume of collections and higher than anticipated market prices for recyclable commodities purchased from adjacent cities and the county. The net expenditure increase of $3,360 is entirely offset by new fund revenues. ,., . ,. 10 . .'. ,.. . . UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1,2002 to June 30, 2003 2002103 2002103 MY Amendod Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Project/on Actual Variance % Amendment Budget Water & Sewer Fund Revenues Operating Revenues: Water Revenue 20,415,000 15,311,250 13,460,050 -1,851,200 -12% 0 20,415,000 Sewer Revenue 20,703,000 15.527,250 14,068,790 -1,458,460 -9% 0 20,703,000 Reclaimed Water 341,000 255,753 286,977 31,224 12% 0 341,000 Total Operating Revenue 41,459,000 31.094,253 27,815,817 -3,278,436 -11% 0 41,459,000 Other Operating 927,000 693,750 914,978 221,228 32% 0 927,000 Other Revenue 3,335,000 2.501,247 2,314,975 -186,272 -7% 0 3,335,000 Other Financing Sources 187,000 147,750 222,650 74,900 51% 0 187,000 Operating Revenues 45,908,000 34.437,000 31,268,420 -3,168,580 -9~. 0 45,908,000 Transfer from Surplus 320,000 0 0 0 na 0 320.000 Total Revenu.s 46,228,000 34,437,000 31,268,420 -3,168,580 -go;. 0 46,228,000 Water & Sewer Fund Expenditures Public Utilities Administration 681,090 519,301 502,798 16,503 3% 0 681,090 Wastewater Collection 3,493,230 2.726,254 2,473,616 252,638 9% 83,190 3,576,420 WPC/Plant Operations 10,224,890 7.726.662 7,495,711 230,951 3% -11,330 10,213,560 WPClLaboratory & Pretreatment 2,029,660 1.550.713 1,359,986 190,727 12% 0 2,029,660 Water Distribution 7,416,730 5.634,238 5.4<69,857 184,381 3% -20,530 7,396,200 Water Supply 10,353,080 7.nO,323 5,653,039 2,117,284 27% 0 10,353,080 Reclaimed Water 301,390 226,111 180,681 45,430 20% 0 301,390 Non-Departmental 9,952,920 7.464,690 7,307,516 157,174 2% 0 9,952.920 Total expenditures 44,452,990 33,611,292 30,423,204 3,195,088 10% 51,330 44,504,320 Stormwater Utility Revenues Operating Revenues: Stormwater Revenue 8,192,000 6.144.003 6.107,410 -36,593 -1% 0 8,192,000 Total Operating Revenue 8,192,000 6.144.003 6,107,410 -36,593 -1% 0 8,192.000 Other Revenue 574,950 438,793 454,224 15,431 4% 0 574,950 Other Financing Sources 0 0 0 nla 0 0 Operating Revenues 8,766,950 6.5I2,7H 6,561,634 -21,162 0% 0 8,766,950 Transfer from Surplus 801,440 0 0 0 nla 34,510 835.950 Total R.venues 9,568,380 6.5I2.7H 6.561,634 -21,162 0% 34,510 U02,9OO Stormwat.r Utility Exp.ndlture. Stormwater Utility 6,579,250 5.600,199 5,462,344 137,855 2% 34.510 6,613.760 Stormwater Management 2.989,140 2.238,497 2,084,256 154,241 7% 0 2,989,140 Total Exp.ndltures 9,568,390 7,131,6H 7,548,800 292,091 4% 34,510 11,602,900 Gas Fund R.venu. Operating Revenues: Sales 23,481,280 18.732.477 19,185,697 453,220 2% 1,571.170 25,052,450 Total Operating Revenue 23,481,280 18.732.477 19,185.697 453,220 2% 1.571,170 25,052.450 Other Operating 4,446,480 3.506.720 3,289,089 -217,631 -6% -99,000 4,347,480 Other Revenue 2,131,150 1.558,132 1,608,913 50,781 3% 120,200 2,251,350 Other Financing Sources 1,271,980 0 0 0 nla 0 1,271.980 Operating Revenues 31,330,890 23.717,329 24.013,6119 288,370 1% 1,5112.370 32,923.210 Total R.v....u.. 31,330,890 23.7I7,32t 24,013,699 286,370 1% 1,592,370 32,923,260 Gas Fund Exp.ndltures Administration & SUpply 19,841,420 15.347,672 14,475,423 872,249 6% 1,056,330 20,897,750 South Area Gas Operations 5,193,440 4.348,992 4,216,233 132,759 3% 25,020 5,218,460 North Area Gas Operations 2,954,640 2.491,183 2,449,666 41,517 2% 81,520 3,036,160 Marketing & Sales 2,498,120 t ..895.660 1,817,149 78,511 4% 93,900 2,592.020 Total Expenditures 30,487,620 z,ua,507 22,951,471 1,125,038 5% 1,256,nO 31,744,3110 11 . . UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2002 to June 30, 2003 2002103 MY Amended Budget Third atr. Projection Third atr. Actual Budget Variance ~. Proposed Amendment 2002103 3 au Amended Budget Solid Waste Revenues Operating Revenues: 15,561,300 11,689,950 11,783,836 93,886 1% 44,700 15,606,000 Total Operating Revenue 15,561,300 11,689,950 11,783,836 93,886 1% 44,700 15,606,000 Other Operating Revenue 100,450 76,200 77,852 1.652 2% 0 100,450 Other Revenue 597,350 449,150 459,633 10,483 2% 5,000 602.350 Other Financing Sources 0 210 210 0 0 Operating Revenues 16,259,100 12,215,300 12,321,531 106.231 1% 49,700 16,308.800 0 Total Revenues 16.259.100 12,215,300 12,321,531 106,231 1% 49,700 16,308,800 Solid Waste EXDendltures Residential Collection 7,064,150 5,294,911 5,267,695 7,216 0% 160,100 7,224,250 Commercial Collection 6,015,110 4,556,939 4,374,175 182.764 4% -36.000 5,977.110 Transfer 1,200,560 932,982 884,593 48.389 5% -3.000 1,197,560 Container Maintenance 583,990 441,473 423,218 16,255 4% 0 583,990 Administration 995,670 694,327 665,542 26,765 4% 0 995,670 Total expenditures 15,859,680 11,920,632 11,635,223 285,409 2% 119,100 15,978,780 Recvcllng Revenues Operating Revenues: 1,437,050 1,085,537 1,094,336 6,801 1% 10,000 1,447.050 Total Operating Revenue 1,437,050 1,085,537 1,094,336 8,801 1% 10,000 1,447,050 Other Operating Revenue 997,250 756,250 804,693 48,443 6% 25.000 1,022,250 Other Revenue 0 0 0 na 0 0 Operating Revenue. 2,434,300 1.841,787 1.899,031 57,244 3% 35,000 2,469,300 Total Revenue. 2,434,300 1,841,787 1.899,031 57,244 3% 35.000 2,469,300 Recvcllng Exoendltures Residential 1.052,660 623,761 756,938 66,823 6% -28,840 1.023,820 Multi-Family 495,740 381.929 374,531 7,398 2% 0 495,740 Commercial 879,100 695,537 690,904 4,633 '" 32,200 911,300 Total expenditure. 2,427.500 1,901,227 1,1122,373 71,154 4" 3,360 2,430,860 12 . Marine & Aviation Fund Revenues: Expenditures: Increase/ (Decrease) 75,000 75,000 City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2002103 Description At third Quarter. Marine & Aviation Fund anticipated revenues exceed anticipated expenditures bv $20,280 for FY 2002/03. Marine & Aviation revenue amendments reflect a $75,000 increase in gas and oil sales. Marine & Aviation expenditure amendments reflect the. increased cost of gas and oil for resale, which is offset by increased revenue. Amendments also reflect the transfer of $50,000 of operating savings of Marina Operations to establish a Special Program project, 181- 99710, Clearwater Marine Aquarium Improvements, to reimburse costs for improvements to the facility, as approved by the Commission 9/4/03. Parklna Fund Revenues: Expenditures: 1,450,000 1,512,400 At third Quarter. Parking Fund anticipated revenues exceed anticipated expenditures bv $942.790 for FY 2002/03. Parking revenue amendments reflect the use of $1,450,000 of unappropriated retained earnings for the construction of a parking garage at Pelican Walk, approved by the Commission on 7/17/03. Parking expenditure amendments reflect increases for the transfer of $1,450,000 of retained earnings to Capital Improvement project 315-92644, Pelican Walk Parking Garage, approved 7/17/03; and $62,400 to establish a Parking Enforcement program with the addition of 4.0 Full Time Equivalent (FTE) positions, approved by the Commission on 6/19/03. The net budget Increase is $1,512,400. " :. " . 13 . '. 7 :.'.:,,~. '. .. . '. . .' . ..... . Harborview Fund Revenues: · Expenditures: Increasel (Decrease) (19,500) (19,500) City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2002103 Description At third Quarter. Harborview Fund anticipated revenues exceed anticioated exoenditures bv $450,000 for FY 2002103. the amount allocated from the General Fund at first Quarter to eliminate prior year deficit. Revenue amendments reflect decreases of $10,000 in event income and $9,500 in food & beverage Income due to the continued economic slowdown, for a net revenue decrease of $19,500. Expenditure amendments reflect decreases of $80,000 for professional and contractual services for personnel, payroll processing and Global Spectrum, and $2,500 for supplies. These are partially offset by increases of $60,500 for the cost of goods sold, $1,000 for advertising and $1,500 for memberships & subscriptions. The net expenditure decrease is $19,500 and fully offsets the decrease in revenues above. .. '. >I 14 ",. . . . ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2002 - June 30, 2003 2002103 2002103 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget Marine & Aviation Fund Operating Revenues: Sales 1,723,530 1,218,280 1,237,586 19,306 2% 75,000 1,798,530 Rentals 1,225,000 918,747 925,406 6,659 1% 0 1,225,000 Total Operating Revenue 2,948,530 2,137,027 2,162,992 25,965 1% 75,000 3,023,530 Other Revenue 261,400 196,053 185,521 (10,532) -5% 0 261,400 Operating Revenues 3,209,930 2,333,080 2,348.513 15,433 1~. 75,000 3,284,930 Other Financing Sources 0% 0 Total Revenues 3,209,930 2,333,080 2,348,513 15,433 1% 75,000 3,284,930 Marine & Aviation Fund Expenditures Marine Department 2,945,870 2,218,906 2,294,637 (75,731 ) -3% 75,000 3,020,870 Alrpark 243,780 135,510 132,874 2,636 2% 0 243,780 Total Expenditures 3,189,650 2,354,416 2,427,511 (73,095) -3 'Ie 75,000 3,264,650 Parking Fund Revenue. Operating Revenues: Parking Receipts 3,915,000 2,701,350 2,678,514 (22.836) -1% 0 3,915,000 Total Operating Revenue 3.915,000 2,701,350 2,678,514 (22,836) -1% 0 3,915,000 Other Revenue 415,560 311,667 317.169 5,502 2% 0 415,560 Operating Revenue. 4,330,560 3,013,017 2,995,683 (17,334) -1% 0 4,330,560 Other Financing Sources 100% 1,450,000 1,450,000 Total Revenue. 4,330,560 3,013,017 2,995,683 (17,334) .1~. 1,450,000 5,780,560 Parking Fund Expenditure. Public WkslParking System 2,787.750 2,201.070 2,076,579 124,491 6% 1,512,400 4.300,150 Beach Guard Operations 537.620 374,477 412.875 (38.398) -10% 0 537,620 Total Expenditure. 3,325,370 2,575,547 2,489,454 86,083 3~. 1,512,400 4,837,770 Harborvlew Center Fund Revenue. Operating Revenues: 1,702.610 1,177,316 1,236,860 59.544 5% (19,500) 1.683.110 Total Operating Revenue 1.702.610 1,177,316 1.236,860 59.544 5% (19,500) 1,683.110 Other Financing Sources 625,050 625,050 625.050 na 0 625,050 Total Revenue. 2,327,660 1,802,388 1,181,810 59,544 3% (18,500) 2,301,160 Total Revenue. 2,327,_ 1,102,361 1,111,810 59,544 3% (18,500) 2,301,1 eo Harborvlew Center Fund Expendltu.... Harborvlew Center Operatlonl 1,877,660 1,312,367 1,566,191 (253,824) .19% (19,500) 1,858,160 Total Expendltu.... 1,877,860 1,312,367 1,568,181 (253,124) .18% (18,500) 1,151,180 15 General Services Revenues: Expenditures: Increase/ (Decrease) 40,460 40,460 City of Clearwater Third Quarter Amendments Internal Service Funds FY 2002103 Description At third Quarter, anticipated revenues exceed antlcioated exoenditures bv $24,410 for FY 2002/03. Revenue amendments reflect the use of $40,460 of unappropriated retained earnings for the City-wide Infrastructure Connectivity project, approved 6/19/03. Expenditure amendments reflect the transfer of $40,460 to capital improvement project 315-94729, City. wide Infrastructure Connectivity, for the General Services Fund portion of expenditures to install fiber optic cable and equipment, approved by the commission on 6/19/03. Administrative Services Revenues: Expenditures: 916,540 916,540 At third Quarter. anticioated revenues eQual anticioated exoenditures for FY 2002/03. Administrative Services revenue amendments reflect the use of $916,540 of retained earnings representing a loan from the Central Insurance Fund for city-wide infrastructure connectivity, approved 6/19/03. Administrative Services expenditure amendments reflect the transfer of $916,540 to capital project 315- 94729, City-wide Infrastructure Connectivity, the transfer of $150,640 of debt service savings from the Network Services operation to Capital Improvement Project 315-94809, Financial System Replacement and the transfer of $25,000 of Customer Services Program operating savings to establish Capital Improvement Project 315-94822, CCS Printer Room Renovation. The net expenditure amendment is $916,540, Garaae Fund Revenues: Expenditures: 81,050 81 ,050 At third cuarter. anticloated revenues eQual anticioated exoenditures for FY 2002/03. Revenue amendments reflect the use of $81,050 of unappropriated retained earnings for the City-wide Infrastructure Connectivity project, approved 6/19/03. Expenditure amendments reflect the transfer of $81,050 to capital Improvement project 315-94729, City. wide Infrastructure Connectivity, for the Garage Fund portion of expenditures to Install fiber optic cable and equipment. approved by the commission on 6119/03. 16 ".;.t:. .~: , ......., '.' . . ' Central Insurance Revenues: Expenditures: ;'. ..,:. ...,.' Increasel (Decrease) 8,020 o .:.."gAf:';<;, City of Clearwater Third Quarter Amendments Internal Service Funds FY 2002103 Description At third Quarter. anticloated revenues exceed antlcioated exoenditures bv aooroximately $1.771.610 for FY 2002103. Revenue amendments for the Central Insurance Fund reflect an increase of $8,020 from General Fund Fire operations as reimbursement for Emergency Management Services (EMS) insurance premiums. No expenditure amendments are proposed for the Central Insurance Fund at third quarter. 17 '" ' , ':,:;(. . . ;";.::.,.,;..: " ,'r' INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2002 . June 30, 2003 2002/03 2002103 MY Amended Third Qtr. Third Qtr, Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget General Services Fund Revenues Operating Revenues: 2,986,530 1,732,509 1,730,027 (2,482) 0% 0 2,986,530 Total Operating Revenue 2,986,530 1,732,509 1.730,027 (2,482) 0% 0 2,986,530 Other Revenue 20,000 520,503 526,806 6,303 1% 0 20,000 Operating Revenues 3,006,530 2,253.012 2,256,833 3,821 0% 0 3,006,530 Other Financing Sources 250,000 40,460 290,460 Total Revenues 3,256,530 2,253,012 2,256,833 3,821 00/. 40,460 3,296,990 General Services Fund Expenditures Administration 225,970 168,441 164,260 4.181 2% 40,460 266,430 Building & Maintenance 3,006,150 2,317,244 2,328,421 (11,177) 0% 0 3,006,150 Total Expenditures 3,232,120 2,485,685 2,492,681 (6,996) 00h. 40,460 3,272,580 Administrative Services Revenues Operating Revenues: 8,267,980 48,750 53.815 5,065 10% 0 8,267,980 Total Operating Revenue 8,267.980 48.750 53,815 5,065 10% 0 8,267.980 Other Revenue 65,000 6,201,000 6,004,540 (196,460) -3% 0 65,000 Operating Revenue. 8,332,980 6,249,750 6,058,355 (191,395) -3% 0 8,332,980 Other Financing Sources 47,500 60,000 60,000 916,540 964.040 Total Revenues 8,380,480 6,249,750 6,118,355 (131,395) -2.h. 916,540 9,297,020 Administrative Services Expenditures Information Technology/Admin 510,660 379,273 361,837 17,436 5% 918,440 1,429,100 Information TechlNetwork Svcs 1,343,060 1,011.729 866,122 145,607 14% 2,550 1,345,610 Info Tech/Software Applications 1,582,870 1,240,495 1,171,608 68,887 6% (4,450) 1,578,420 Info TechITelecommunlcations 1,218,470 925,377 817,001 108.376 12% 0 1,218,470 Pub Comm/Courier 193,070 144,678 105,912 38,766 27% 0 193,070 Pub Comm/Graphlcs 377,200 282,258 254,340 27,918 10% 0 377,200 Clearwater Customer Service 3,155,150 2,111,376 1,93-4,989 176,387 8% 0 3,155,150 Total Expenditure. 8,380,480 6,0i5,186 5,511,809 583,377 10% 116.540 9,297,020 Garage Fund Revenues Operating Revenues: 8,163,600 6,142.155 6,366,031 223,876 4% 0 8,163,600 Total Operating Revenue 8,163,600 6,142,155 6,366,031 223,876 4% 0 8,163.600 Other Revenue 471,450 357,461 336,587 (20,874) -6% 0 471,450 Operating Revenues 8,635,050 8,4ltl,818 11.702,818 203,002 3% 0 8,635,050 Other Financing Sources 400,000 81,050 481,050 Total Revenue. 9,035,050 8,4H,618 6,702,618 203,002 3% 81,050 9,116,100 Garage Fund Expenditure. Fleet Maintenance 8,583,490 6,322,450 6,144,789 171,661 3% 64,550 8,648,040 Radio Communications 451,560 34-4,708 456.413 (111,705) -32% 16,500 468,060 Total Expenditures 11,035,050 8,687,158 8,601,202 85,1158 1% 81,050 9,118,100 18 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2002 - June 30, 2003 2002103 2002103 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget Central Insurance Fund Revenues Operating Revenues: 13,109.350 9,649.708 9,435,024 (214,684) -2% 0 13,109,350 Total Operating Revenue 13,109,350 9,649,708 9,435.024 (214.684) -2% 0 13,109,350 Other Revenue 1.742.410 1.379,751 935,558 (444,193) -32% 8,020 1,750.430 Operating Revenues 14.851.760 11,029,459 10,370,582 (658,877) -6% 8,020 14,859,780 Other Financing Sources 1.488,750 0 1.488.750 Total Revenues 16,340,510 11,029,459 10,370,582 (658,877) -6% 8,020 16.348,530 Central Insurance Fund Expenditures FinancelRlsk Management 356,100 262,235 230,270 31,965 12% 0 356,100 Hum ResourceslEmployee Benefits 267,130 199,476 184,835 14,641 7% 0 267.130 Non-Departmental 13,953,690 9.425,013 8,904,598 520,415 6% 0 13,953.690 Total Expenditures 14,576,920 11,886,724 9,319,703 567,021 6% 0 14,576,920 19 ""';~'.1', ,''t'''':7'"' ,v.....,;.~!." ". .~..:l7:~;~ . Clean\'ater, Florida CAPITAL IMPROVEMENT FUND Third Quarter Summary FY 2002/03 The amended 2002103 Capital Improvement Program budget report is submitted for the City Conmussion's third quarter review. The net proposed amendment is a budget increase of $8,885,734, This review provides the opportunity to examine the status of all active projects and present fonnal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: TIle City COllunission did not previously approve the following Capital Improvement Budget increases: ~ Fire Shop/Supply Facility - A budget increase of $65,000 in General Fwld revenue for minor repairs to the facility such as shelving, lighting, air conditioning, etc. This represents a transfer of operating savings from the Fire Department budget. ~ Coronado/South Gulfview - A budget increase of $131,459.95 in HUD grant revenue. This grant funded work completed in preparation and refmement of conceptual plans for Beach Walk, as well as, costs for conducting three public meetings. ~ Finance System Replacement - A budget increase of $150,640 in Administrative Services revenue. This represents debt savings from the operating budget of the Information Technology Department and will fund ite~ that cannot be lease purchased. ~ CCS Printer Room Renovation - Establishment of the new project and a budget increase of $25,000 in Administrative Services revenue. This revenue will be transferred from operating savings within the Clearwater Customer Service budget to provide funding for the remodeling and renovation of the printer room. All significant budget increases that lwlc been previously approved by the Conunission are listed below: Fire Shop/Supply Facility Parking Enforcement Vehicles Parking Enforcement TicketinglData Collection Pelican Walk Parking Garage Airpark Master Plan Airpark Master Plan Airpark Master Plan City-Wide Connectivity InfrastIucture Kapok Flood Resolution Lake Bellewe Stormwater Improvements Public Works InfrastIucturc Management System Project Rl.df~t 'n(!rpg~p , 638,500 100,000 67,000 1,450,000 268,800 132,784 100,000 1,158,750 3,498,000 2,000,000 174,779 . t"" 20 ,',,',," ;-, . . ....:'" . ,.'.: '" ..':. ",:,> , " : ;,.... Conunission Approval July 17, 2003 June 19,2003 June 19,2003 July 17,2003 October 17, 2002 December 5, 2002 April 3, 2003 June 19,2003 January 24, 2002 August 21, 2003 June 19,2003 .' ' CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 1 315-91213 Fire Apparatus Refurbishment 19,298 To record a budget Increase of $19,297,80 in General Fund revenue, which will be transferred from unappropriated retained earnings. This will fund the balance needed to purchase two Pierce Contender fire engines as approved by the City Commission on June 19, 2003. 19,298 2 315-91221 EMS Capital Equipment (16,49q) To record a budget transfer of $ 16,496 in General Fund revenue to project 91236, Rescue Vehicle. This was approved by the City Commission on June 19, 2003 to partially fund the purchase of an Advanced Life Support Rescue Unit. (16,496) 3 315-91236 Rescue Vehicle 16,496 To record a budget transfer of $16,496 in General Fund revenue from project 91221, EMS Capital Equipment. This was approved by the City Commission on June 19,2003 to fund the balance for the purchase of an Advanced Life Support Rescue Unit. 16,496 4 315-91248 Fire Shop/Supply Facility - NEW PROJECT To establish the project and record a budget 638,500 increase of $638,500 in Penny for Pinellas revenue which will be transferred from the Special Development Fund. This was approved by the City Commission on July 17, 2003 for the purchase of the property for this facility. 65,000 To record a budget Increase of $65,000 in General Fund revenue, which will be transferred from savings within the operating budget of the Fire Department. This revenue will fund such things as shelving and other minor repairs to the facility. 703,500 5 315-92259 Traffic Calming (252,330) To record a budget transfer of $252,329.61 in Gas Tax revenue to project 92263, North Greenwood Corridor Enhancement. This was approved by the City Commission on August 21, 2003 for Change Order 15 that funds additional work for the Phase II portion of the North Greenwood Street- scape project. (64,572) To record a budget transfer of $64,572.10 in Gas Tax revenue to project 92263, North Greenwood Corridor Enhancement. This is proposed to be approved by the City Commission on September 4, 2003 to provide additional funding to finish Phase I of the project. (316,902) 21 ',:","' ;, CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 6 315-92263 North Greenwood Corridor Enhancement 252,330 To record a budget transfer of $252,329.61 In Gas Tax revenue from project 92259, Traffic Calming. This was approved by the City Commission on August 21, 2003 for Change Order #5 that funds additional work for the Phase II portion of the North Greenwood Street-scape project. 64,572 To record a budget transfer of $64,572.10 in Gas Tax revenue from project 92259, Traffic Calming. This is proposed to be approved by the City Commission on September 4, 2003 to provide additional funding to finish Phase I of the project 316,902 7 315-92267 Coronado/So Gulfvlew Streetscape - BUDGET AMENDMENT ONLY 131,460 · To record a budget increase of $131,459.95 in HUD grant revenue. This grant was for work completed In preparation and refinement of conceptual plans for Beach Walk, as well as, costs for conducting three public meetings. 131,460 8 315-92642 Parking Enforcement Vehicles - NEW PROJECT 100,000 · To establish the project and record a budget increase of $100,000 in Lease Purchase revenue. This was approved by the City Commission on June 19, 2003 for the purchase of vehicles as part of the establishment of the new Parking Enforcement Program. 100,000 9 315-92643 Parking Enforcement TlcketJnglData Collection. NEW PROJECT To establish the project and record a budget 67,000 · increase of $67,000 In Lease Purchase revenue. This was approved by the City Commission on June 19,2003 for the purchase of ticketing/data collection equipment as part of the establishment of the new Parking Enforcement Program. 67,000 10 315-92644 Pelican Walk Parking Garage. NEW PROJECT To establish the project and record a budget 1.450,000 increase of $1,450,000 in Parking Revenue, which will be transferred from unappropriated retained earnings of the Parking Fund. This was approved by the City Commission on July 17, 2003 for the joint public/private parking garage on the Pelican Walk sile. 1,450,000 11 315-92832 CAD Computer Upgrade. CLOSE PROJECT (65,000) · To record a budget decrease of $65,000 In Lease Purchase revenue, which will close the project. This upgrade has been Included with the Information Technology Department computer upgrade program. (65,000) 22. ;~".:;\, CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 12 315-93237 Irrigation System. Memorial Causeway ROW. CLOSE PROJECT (49,800) To record a budget decrease of $49,800 in Penny for Pinellas revenue, which will close the project. The scope of work for this project has been included In the current Memorial Causeway Bridge project and the Penny for Plnellas revenue will be retumed to the Special Development Fund for reappropriation, (49,800) 13 315-93266 Park. & Beautification Infrastructure Improvements 20,057 To record a budget transfer of $20,056.83 In General Fund revenue from project 93286, Parking LoUBlke Path Resurfacing Improvements. This was approved by the City Commission on June 5, 2003 to provide enough funding for the construction of a maintenance building within the Countryside Community Park, 20,057 14 315-93268 Pa..enger Van - Rec Programming - BUDGET AMENDMENT ONLY (2,622) · To record a budget decrease of $2,622 In Lease Purchase revenue. The vehicle has been purchased and the cost was less than anticipated. (2,622) 15 315-93280 Portable Bleacher Sy. - BUDGET AMENDMENT ONLY (5,869) · To record a budget decrease of $5,869 in Lease Purchase revenue, which will bring the project budget in line with the actual cost of the system, (5,869) 16 315-93286 Parking Lot/Bike Path Re.urfacing Improvements (20,057) To record a budget transfer of $20,056.83 In General Fund revenue to project 93266, Parks & Beautification Infrastructure Improvements. This was approved by the City Commission on June 5, 2003 to provide enough funding for the construction of a maintenance building within the Countryside Community Park. (20,057) 17 315-93523 New Main Ubrary (45,000) To record a budget decrease of $45,000 in General Fund revenue, which will be returned to the unappropriated retained earnings of the General Fund. this was approved by the City Commission on June 19, 2003 based on the donation of HVAC components, which resulted In this $45,000 savings. 38,008 · To record a budget Increase of $38,008.40 in interest earnings. This reflects quarterly Interest payments for Slenker ($6,446.38) and Clearwater Library Foundation ($31,562.02) donations, (6,992) . . . .,"; '.~:" '..', . .. .,'"c. "", . .., '23 . , ,,; ,', '.: ... .." .... .! ,ii';' .:' , ,~",::~. CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 18 315-94222 Motorized Equipment - Cash - BUDGET AMENDMENT ONLY 13,150 · To record a budget Increase of $13,150 in Insurance Reimbursement revenue, This partially funds the replacement of a new Pollee cruiser that was totaled in an accident. 13,150 19 315-94713 Airpark Master Plan - BUDGET AMENDMENT ONLY 268,800 · To record a budget Increase of $268,800 in DOT revenue, as was approved by the City Commission on October 17, 2002, This provides additional funding for the design and construction of two T-hangars and a corporate hangar at the Airpark, 132,784 · To record a budget Increase of $132,784 in DOT revenue as approved by the City Commission on December 5, 2002. This provides funding for emergency soil mitigation and fuel tank replacement at the Airpark, 100,000 · To record a budget increase of $100,000 in DOT revenue as approved by the City Commission on April 3, 2003, This provides additional funding for the design and construction of T-hangars, a corporate hangar and the stormwater management plan. 76,610 · To record a budget increase of $76,609,81 In DOT revenue, which represents actual revenue received from DOT, 578,194 20 315-94729 City-Wide Connectivity Infrastructure To record a budget Increase of $1,158,750 as approved by the City Commission on June 19, 2003. This will fund the Installation of fiber optic cable and termination equipment for Phase II of the City's data and voice network deployment, consisting of the following: 120,710 $120,710 of Solid Waste revenue transferred from project 96439, Container Screening Program 40,460 $40,460 from .General Services Fund retained eamlngs 81,045 $81,045 from Garage Fund retained eamings 916,535 $916,535 from Administrative Services Fund. 1,158,750 21 315-94809 Financial System Replacement 150,640 To record a budget increase of $150,640 in Administrative Services revenue. This represents debt savings from the operating budget of the Information Technology Department. 150,640 22 315-94822 CCSPrlnter Room Renovation - NEW PROJECT 25,000 To record a budget increase of $25,000 in Administrative Services revenue, which will be transferred from operating savings within the Clearwater Customer Service budget. This will provide funding for the remodeling and renovation of the printer room. 25,000 24 .... CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 23 315-96120 Alligator Creek Implementation Design - BUDGET AMENDMENT ONLY 38,417 · To record budget Increases of $38,417.30 in 22,000 · Pinellas County revenue and $22,000 In Florida Department of Environmental Protection revenue. This represents actual revenue received from these entities, 60,417 24 Storm Pipe System Improvements 377-96124 5.977 · To record a budget Increase of $5,976.69 In Stormwater Bond Proceeds. This represents unused Issuance costs, 375-96124 16,587 To record a budget transfer of 516,586.64 in '99 Stormwater Bond Proceeds from project 96127, North Greenwood Stormwater Retrofit. which has been completed and will be closed. 22.563 25 North Greenwood Stonnwater Retrofit. CLOSE PROJECT 375-96127 (16,587) To record a budget transfer of 516,586,64 In '99 Stormwater Bond Proceeds to project 96124, Storm Pipe System Improvements because the North Greenwood project is completed. 375-96127 (176,559) To record a budget transfer of 5176,559 In '99 Stormwater Bond revenue to project 96142. Myrtle Avenue Drainage Improvements. This was approved by the City Commission on August 21, 2003 to provide funding for the Implementation of the Lake Bellevue Stormwater Improvement project. (193,146) 26 Sharkey Road Drainage Improvement 377-96140 (273,441) To record a budget transfer of 5273,441 In '02 Stormwater Bond revenue to project 96142, Myrtle, Avenue Drainage Improvements. This was approved by the City Commission on August 21, 2003 to provide funding for the implementation of the Lake Bellevue Stormwater improvement project. (273,441 ) 27 315-96141 Kapok Flood Resolution. BUDGET AMENDMENT ONLY 3,498,000 · To record a budget increase of 53,498,000 in grant revenue from the Florida Communities Trust Forever Program. This contract was approved by the City Commission on January 24, 2002. 10,641 · To record a budget Increase of 510,641 in Sales revenue to renect actual cash received from the sale of mobile homes, 3,508,641 25" , " CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 28 Myrtle Avenue DraInage Improvements 357-96142 (1,000,000) To record bl,ldget transfers of $1,000,000 in 04 Stormwater Bond revenue to project 96152, 375-96142 176,559 Lake Bellevue Stormwater Improvements; $176,559 in '99 Stormwater Bond revenue from project 96127, 377-96142 273,441 North Greenwood Stormwater Retrofit; $273,441 in '02 Stormwater Bond revenue from project 96140, Sharkey Road Drainage Improvement; and 377-96142 550,000 $550,000 in '02 Stormwater Bond revenue from project 96145, Tropic Hills Drainage Improvement. This was approved by the City Commission on August 21, 2003 to fund the implementation of the Lake Bellevue Stormwater Improvement project. 29 377-96145 Tropic Hills Drainage Improvement - CLOSE PROJECT (550,000) To record a budget transfer of $550,000 in '02 Stormwater Bond revenue to project 96142, Myrtle Avenue Drainage Improvements. This was approved by the City Commission on August 21, 2003 to fund the implementation of the Lake Bellevue Stormwater improvement project. (550,000) 30 315-96147 Laptops for Field Crews - CLOSE PROJECT (45,000) · To record a budget decrease of $45,000 In Lease Purchase revenue, which will close the project. The computers will instead be leased through the City's computer lease program. (45,000) 31 Lake Bellevue Stormwater Improvements - NEW PROJECT To establish the projfJct; record a budget transfer 357-96152 1,000,000 of $1,000,000 in '04 Stormwater Bond revenue from project 96142, Myrtle Avenue Drainage Improvements; and record a budget Increase of 315-96152 1,000,000 · $1,000,000 In OEP funding. This was approved by the City Commission on August 21, 2003 for water quality and flood protection benefits, 2,000,000 32 315-96380 G.. Forklift. NEW PROJECT To establish the project and record a budget 39,641 Increase of $39,641 In Gas Revenue, This revenue will be transferred from operating savings within the Gas Oepartment budget. This was approved by the City Commission on August 7, 2003 to fund the purchase of a new forklift. 39,641 33 315-96439 Container SCI'Hf11ng Program (120,710) To record a budget transfer 01 $120,710 In Solid Waste revenue to project 94729, City-wide Connectivity Infrastructure, This will fund the Solid Waste portion of the Installation of fiber optic cable and termination equipment for Phase II of the CIty's data and voice network deployment. This was approved by the City Commission on . June 19,2003. (120,710) 28. ... CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 34 315-96521 Public Works Infrastructure Management System 41,593 To record budget increases of $41.593 In 83,186 Stormwater revenue; $83.186 In Water & Sewer 50,000 revenue; and $50,000 in Gas revenue, The Str)rmwater and Water & Sewer revenue will be transferred from the unappropriated retained earnings of each of those funds. The Gas revenue will be transferred from operating savings in the Gas Department budget. This was approved by the City Commission on June 19, 2003 as part of the Implementation for a City-wide electronic asset management system. 174,779 WPC Major Equipment Overhaul 35 315-96604 (100,000) To record a budget transfer of $100,000 of Sewer R&R revenue to project 96613. NE Filter & Marshall Street Blower Motor Control Centers (MCC) Rehabilitation. This was approved by the City Commission on August 21, 2003 to provide funding for this new project. (100,000) 36 315-96607 Upgrade TV Truck - CLOSE PROJECT (11,340) · To record a budget decrease of $ 11,340 In Lease Purchase revenue, which will close the project. The equipment has been purchased, (11.340) 37 NE Filter & Marshall Street Blower Motor Control Centers Rehabilitation - NEW PROJECT 315-96613 To establish the project and record budget .100,000 transfers of $100,000 in Sewer R&R revenue from project 96604, WPC Major Equipment OVerhaul; 220,396 $220,395.73 of Sewer R&R revenue from project 249,604 96654. Facilities Upgrade & Improvement; $249,604,27 in Sewer revenue from project 96654. Facility 114,911 Upgrade & Improvement; $114,911.46 In Sewer revenue from project 96672, Northeast Carousel; 157,000 . $157,000 In Sewer revenue from project 96681, 343.96613 170,000 . NE Control Building; $170,000 In '02 Water & Sewer Bond revenue from project 96685, WPC 356-96613 857,739 Master Plan Phase 3; and $857,738.54 In '04 Water & Sewer Bond revenue from project 96665. Sanitary Sewer R&R This was approved by the City Commission on August 21, 2003. 1.869,650 38 315-96630 Sanitary Sew.r extension - BUDGET AMENDMENT ONLY 28,710 · To record a budget increase of $28,709.75 In Developer's Share revenue as approved by the City Commission on June 5, 2003. This provides funding towards the gravity sewer construction project at the Clearwater Village Development. 28,710 .27 . ,. .: ::,>:.' .. , :. .,', ,.:.. '. :. .'.;;..'..:' ,c"". . ~ .'.;, ~/'..'~ '< . ' . . Amdmt Project # Number 39 343-96634 40 315-96654 343-96654 41 343-96664 42 343-96665 343-96665 356-96665 43 315-96672 Increasel (decrease) Amount 2,910 · . CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Transfer Amount Description 550,000 Sanitary Utility Relocation Accommodation . To record a budget transfer of $550,000 in '02 Water & Sewer Bond proceeds from project 96688, Clearwater Harbor Sewer line Relocation, The Clearwater Harbor project can be closed because it has been absorbed into the Sanitary Utility Relocation project. (220,396) (249,604) Facilities Upgrade & Improvement To record budget transfers of $220,395.73 In Sewer R&R revenue and $249,604,27 in Sewer revenue to project 96613, NE Filter & Marshall Street Blower Motor Control Centers Rehabilitation. This was approved by the City Commission on August 21, 2003 to establish funding for the new project. To record a budget transfer of $365,776 in '02 Water & Sewer Bond revenue from project 96665, Sanitary Sewer R&R. This was approved by the City Commission on June 19, 2003 to fund the Water Pollution Control Infrastructure Assessment & the Capital Improvements Plan. 365,776 WPC R&R - BUDGET AMENDMENT ONLY To record a budget Increase of $2,910,43 In '02 Water & Sewer Bond proceeds, This represents unused Issuance costs. . Sanitary Sewer R&R (365,776) To record a budget transfer of $365,776 of '02 Water & Sewer Bond proceeds to project 96654, Facilities Upgrade & Improvement. This was approved by the City Commission on June 19, 2003 to fund the Water Pollution Control Infrastructure Assessment & the Capital Improvements Plan, (1,757,035) To record a budget transfer of $1,757,035.12 In '02 Water & Sewer Bond proceeds to project 96739. Reclaimed Water Distribution System. This was approved by the City Commission on June 19, 2003 to provide additional funding for the Drew & Union Streets and Union Street force main contracts, (857,739) To record a budget transfer of $857,738.54 In '04 Water & Sewer Bond proceeds to project 96613, NE Alter & Marshall Street Blower Motor Control Centers Rehabilitation. This was approved by the City Commission on August 21, 2003 to establish funding for the new project. HE AWT C.rouHl . CLOSE PROJECT (114~911) To record a budget transfer of $114,911.46 In Sewer revenue to project 96613, NE Filter & Marshall Street Blower Motor Control Centers Rehabilitation. This was approved by. the City Commission on August 21. 2003 to establish funding for the new project. 28 .. '. . -. ....'.. Net Budget Amendment 550,000 (104,224) 2,910 (2,980,550) (114,911 ) . -c. . ,. ., CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 44 315-96681 NE Control Building Ground Floor. CLOSE PROJECT (157,000) To record a budget transfer of $157,000 in Sewer revenue to project 96613, NE Filter & Marshall Street Blower Motor Control Centers Rehabilitation. This was approved by the City Commission on August 21, 2003 to establish funding for the new project. (157,000) 45 343-96685 WPC Master Plan. Phase 3 (170,000) To record a budget transfer of $170,000 in '02 Water & Sewer Bond proceeds to project 96613, NE Filter & Marshall Street Blower Motor Control Centers Rehabilitation. This was approved by the City Commission on August 21, 2003 to establish funding for the new project. (170,000) 46 Clearwater Harbor Sewer Line Relocation - CLOSE PROJECT 343-96688 (550,000) To record a budget transfer of $550,000 In '02 Water & Sewer Bond proceeds to project 96634, Sanitary Utility Relocation Accommodation. The Clearwater Harbor project can be closed because it has been absorbed into the Sanitary Utility (550,000) Relocation project. 47 Reclaimed Water Distribution System 343-96739 1,757,035 To record a budget transfer of $1,757,035.12 In 02 Water & Sewer Bond proceeds from project 96665, Sanitary Sewer R&R. This was approved by the City Commission on June 19,2003 to provide additional funding for the Drew & Union Streets and Union Street force main contracts. 1,757,035 48 Water Supply Treabnent 315-96740 60,000 To record a budget transfer of $60,000 in Water revenue from project 96743, MeterlBacknciw Prevention DevlcelChangeout. This will be offset 343-96740 (60,000) by a like budget transfer In '02 Water & Sewer Bond proceeds to the same project. Meter/Backnow Prevention DevlcelChangeout. These transfers have no affect on the total project budget, but merely place the appropriate revenue In each project for the expenditures that have already occurred. 49 MeterlSackflow Prevention Devlce/Chang.out 315-96743 (60,000) To record a budget transfer of $60,000 In Water revenue to project 96740, Water Supply Treatment. This will be offset by a like budget transfer In '02 343-96743 60,000 Water & Sewer Bond proceeds from the same project, Water Supply Treatment. These transfers have no affect on the total project budget, but merely place the appropriate revenue in each project for the expenditures that have already occurred. -::";''': -: ..... ", . "';,,, .... ,:'., .j!,:. . ,28 '."':' . ,. >(.:::..' ,';: ; .' '. . . ,..... . CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2002103 Increase! Amdmt Project (decrease) Transfer Nel Budget # Number Amount Amount Descripllon Amendment 50 Disinfection System. 343-96751 (9,300) To record a budgellransfor of $9,300 In '02 Walor & Sewer Bond proceeds 10 projocl 00752. Walor Service Lines, This was approvod by Iho Cltv Commission on June 19,200310 provide sufficient funding for the replacemenl of polablo walor service lines In the Sunsol Drlvo aroa, (100.000) To record a budget transfor of $100,000 In '02 Water & Sewer Bond procoods to proJocl 06752, Water Service Lines, This was approvod by the City Commission on June 10. 2003 to provldo sufficient funding for Ihe 2003 wator sorvlco line replacements conlract. (109,300) 51 Water Service LIne. 343-96752 9.300 To record a budget transfer of $9,300 In '02 Wolor & Sewer Bond proceeds from projocI96751, Disinfection Systems, This was approved by Iho City Commission on June 19. 2003 10 provldo sufficient funding for the replacement of potablo water service lines In the Sunset Drlvo aroo, 100.000 To record a budget transfer of $100,000 In '02 Water & Sewer Bond proceeds from projoct96751, Disinfection Systems. This was approved by tho City Commission on June 19, 2003 to provldo sufficient funding for the 2003 water sarvlco Iino replacement contract. 109,300 52 Flat Bed Pick-Up Truck - CLOSE PROJECT 315-96756 (25,000) · To record a budget decrease of $25,000 In Loaso Purchase revenue, which will close the project. The vehicle is not needed, (25,000) TOTALS 8,885,734 8,885,734 ...\ . "30:( -.:::.... ::(" ~~'.;' '" " CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2002 to June 30, 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/02 Prev Qtr Amdmts Budget To Dato Encumbr Balance Status Ref PUBLIC SAFETY Pollee Protection 91127 Police Computer Network 5,339,305 5,339,305 5,339,305 4,136,474 1,202,831 91144 Beach District Substation 820,260 820,260 820,260 784,465 15,784 20,011 91146 Traffic Speed Boards 30,000 30,000 30,000 27,608 2,040 352 Sub-Total 6,189,565 6,189,565 6,189,565 4,948,547 17,824 1,223,194 Fire Protection 91213 Fire Apparatus Refurbish 524,975 549,475 19,298 568,772 145,320 423,453 0 91218 Fire Engine Replacement 2,754,333 2,754,333 2,754,333 2,754,333 0 C 91221 EMS Capital Equipment 785,955 785,955 (16,496) 769,459 671,525 4,275 93,659 2 91226 Vehicular Support 254,239 254,239 254,239 238,433 15,806 91227 Fire Admin Computerization 25,500 22,473 22,473 22,473 0 C 91229 Replace & Upgrade Alrpacks 269,700 269,700 269,700 223,924 45,605 171 91232 EMS Vehicle Refurbishment 24,500 0 0 0 C 91236 Rescue Vehicle 182,800 182,800 16,496 199,296 78,527 120,742 27 3 91237 Northwest Station 2,198,650 2,198,650 2,198,650 125,095 46,716 2,026,839 91238 Sand Key Fire Station 1,859,300 1,859,300 1,859,300 1,428,582 430,718 91240 Fire GIS 74,000 74,000 74,000 74,000 91241 NW Station Fumishings 124,000 124,000 124,000 124,000 91242 Fire Training Facility 100,000 100,000 100,000 4,100 95,900 91243 Clwr Mall Fire Station 2,000,000 2,000,000 2,000,000 540,866 1,164,018 295,117 91244 Aerial 879,011 879,011 879,011 879,011 0 91245 Fire Garage Door Replcmt 30,000 30,000 30,000 21,699 8,301 91246 Front-Line Engine Replcmt 167,062 167,062 167,062 167,062 0 C 91247 Traffic Pre-Emption 30,000 30,000 30,000 29,548 452 91248 Fire Shop/Supply Facility 0 0 703,500 703,500 703,500 4 Sub-Total 12,284,025 12,280,998 722,798 13,003,796 7,278,252 1,856,055 3,868,489 TRANSPORTATION New Street Construction 92141 Drew Street Widening 2,600,000 2,600,000 2,600,000 2,289,338 175,349 135,312 92145 Landmark Dr Extension 752,502 752,502 752,502 741,487 3,680 7,335 92146 Druid Rd Improvements 1,750,000 1,750,000 1,750,000 821,816 928,184 92148 Gateway to the Beach 10,062,697 10.062,697 10,062,697 9,302,300 229,631 530,766 92149 Chautauqua Ave Extension 0 350,000 350,000 350,000 Sub-Total 15.165.199 15,515,199 15,515,198 13,154,941 408,661 1,951,597 Major Street Maintenance 92259 Traffic Calming 2,500,000 2,500,000 (316,902) 2,183,098 737,367 786,660 659,071 5 92261 Beach Streetscape 2,504,420 2,504,420 2,504,420 2,222,881 260,839 20,701 92262 SR 60 Corridor Beaut 3,165,922 3,380,026 3,380,026 2,283,944 350,000 746,082 92263 N Greenwood Corridor Enhanc 1,286,426 1,294,593 316,902 1,611,495 1,065,694 245,550 300,251 6 92265 Myrtle Ave/AIt 19 1,000,000 1,000,000 1,000,000 588,323 219,812 191,866 92266 Streets, Sidewalks & Bridges 6,391,573 6,383.406 6,383,406 2,402,704 9,218 3,971,483 92267 Coronado/S Gulfvlew 1,075,000 1,075,000 131,460 1,206,460 131,522 368,540 706,398 7 92268 Bluff to Beach Guideway 50,000 90,000 90,000 90,000 0 Sub-Total 17,973,341 18,227,445 131,460 18.358,905 9,432,434 2,330,619 6,585,852 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 389,833 389,833 0 0 389,833 92340 CIw Bch West Bridge Co 3,485,560 3,485,560 3,485,560 366,674 112,356 3,006,530 92341 McMullen Booth Rd Overpass 400,000 400,000 400,000 335.661 64,339 0 Sub-Total 4,275,393 4,275,383 4,275,383 702,335 176,685 3,388,363 31 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2002 to June 30, 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/02 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Intersections 92551 City-Wide Intersection Imprvm 811,778 811,778 811,778 394,654 417,123 92552 Signal Renovation 681,148 681,148 681,148 506,911 29,640 144,598 92553 New Signal Installation 710,188 689,216 689,216 301,185 388,031 92555 Intersection Improvements 3,213,915 2,908,022 2,908.022 2,148,304 4,064 755,654 92557 SR 60 & Damascus Rd Signal 0 341,960 341,960 79,160 262,800 Sub.Total 5,417,029 5,432,124 5,432,124 3,351,055 112,864 1,968,206 Parking 92630 Parking Lot Resurfacing 1,029,023 1,029,023 1,029,023 569,042 35,460 424,521 92632 Pkng Garage Structure Rpr 743,432 743,432 743,432 142,808 441,001 159,623 92636 Parking Lot Improvement 712,977 712,977 712,977 36-4,913 21,836 326,228 92637 Elec Real Time Signing Syster 350,000 350,000 350,000 350,000 92640 Downtown Parking Garage 3,200,000 3,200,000 3,200,000 102,200 3,097,800 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000 92642 Parking Enforcement Vehicles 0 0 100,000 100,000 100,000 8 92643 Pking Enforcmnt Tick1Data Co: 0 0 67,000 67,000 67,000 9 92644 Pelican Walk Parking Garage 0 0 1,450,000 1,450,000 1,450,000 10 Sub.Total 12,035,431 12,035,431 1,617,000 13,652,431 1,178,963 498,296 11,975,172 Miscellaneous Engineering 92820 Memorial Causeway Br Repl 36,948,701 37,258,665 37,258,665 36,278,517 210,162 769,985 92822 Miscellaneous Engineering 515,846 515,846 515,846 183.500 252 332,094 92827 Global Pos Sys Survey Equip 125,000 125,000 125,000 40,887 84,113 92828 Public Works Field Laptops 210,000 210,000 210,000 17 .322 192,678 92829 Comm Sports Complex 21,907,997 22,512,997 22,512,997 10,704.254 11,933,157 .124,414 92832 CAD Computer Upgrade 65,000 65,000 (65,000) 0 0 C 11 92834 Sign Work Station 35,000 35,000 35,000 19,329 15,671 92835 Preheating Kettle 33,200 33,200 33.200 31,250 1,950 Sub.total 59,840,744 60,755,708 (65,000) 60,690,708 47,183,594 12,235,038 1,272,076 LEISURE Land Acquisition 93128 Ray Green Park Expansion 403,166 402,741 402,741 402,741 0 C 93129 Bayview Park 250,000 250,000 250,000 220.217 5,656 24,127 Sub.total 653,166 652,741 652,741 622,~58 5,658 24,127 Park Development 93201 Eddie C Moore 8 & 9 0 780,000 780,000 26.532 23,508 729,960 93204 Concrete Sidewalk & Pad 172,913 172,913 172,913 133.088 39,825 93206 Skate Pks & Roller Hcky Rink 320,000 320,000 320.000 6.000 314,000 93208 Softball Complex Dev 982.448 967,875 967,875 967.875 0 C 93212 Recreation Trails 948.457 948,457 948,457 917,620 30,838 93213 Park Amenity Purchase & Rep 374,942 374,942 374.942 302.253 738 71,951 93229 Tennis Court Resurfacing 294,082 294,082 294,082 286.398 7,684 93230 Playground & Fitness EqulpmE 726,130 726,130 726,130 632.533 29,280 64,317 93231 McKay Park 70,000 70,000 70,000 286 19,520 50,194 93232 Long Center 1,000,000 1,000,000 1,000,000 10,400 989,600 0 93235 Maple Swamp Allen's Ck Reh~ 90,000 90,000 90,000 84.664 5,336 93237 irrigation Sys Mem Cswy RO'v\ 50,000 50,000 (49,800) 200 200 0 C 12 93239 N Gmwd Rec/Aquatlc Comp 4,220,376 4,220,376 4,220,376 4,183.486 57,397 .20,507 C 93242 JRS Infrastructure Repairs 390,000 390,000 390,000 304,567 11,958 73,475 93243 NW Rec Center Start.Up 292,000 292,000 292,000 267,987 7,535 16,479 93243 NW Rec Center Start.Up 2,700,000 2,700,631 2,700,631 113.499 111,029 2.476,103 93262 Fencing Replacemt Program 424,555 424,555 424,555 351.284 73,271 93266 P&B Infrastructure Imprvmts 55,000 55,000 20,057 75.057 75,057 0 13 93267 Park Land Purchase 1,000,000 549,241 549.241 549.241 0 C 93268 Passenger Van-Rec Program 25,000 25,000 (2,622) 22,378 22.378 0 14 32 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2002 to June 30, 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/02 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Park Development (continued) 93269 Light Replacement 1,069,176 1,069,176 1,069,176 1,049,376 2.940 16,860 93270 P&B Pickup Trucks 32,000 29,534 29,534 29,534 0 C 93271 Swimming Pool R&R 200,000 200,000 200,000 4,550 195,450 93272 Recreation Trails 2,527,000 2,527,000 2,527,000 2,527,000 93273 Restrooms on Clwr Beach 300,000 150,000 150,000 150,000 93274 P&R Technology Upgrades 94,000 108,000 108,000 35,000 72,847 153 93275 Dog Park @ Crest Lake 90,000 130,000 130,000 108,231 703 21,066 93276 Carpenter Batting Tunnel 60,000 59,369 59,369 59,359 0 C 93277 Harborview Infra Repllmpr 60,000 25,000 25,000 14,591 10,409 93278 Long Center Infra Repairs 67,000 67,000 67,000 67,000 93279 Holt Ave Pool Demo 25,000 25,000 25,000 23.005 1,995 93280 Portable Bleacher Sys 38,000 38,000 (5,869) 32,131 32,131 0 15 93286 Pklng LoUBlcycle Path Resur ! 257,000 257,000 (20,057) 236,943 135,068 101,875 16 93295 Lake Chautauqua Park 597,323 595,456 595,456 595,456 0 C Sub-Total 19,552,402 19,731,737 (58,291) 19,673,446 11,242,052 1,406,661 7,024,734 Marine Facilities 93413 Utilltles/Svcs Replace 333,966 333,966 333,966 315,541 18,426 93429 Dock Replacement & Repair 233,740 243,740 243,740 235,815 7,925 93487 Fishing Piers 356,031 356,031 356,031 195.712 160,319 93490 Fuel System R&R 80,000 80,000 80,000 30,718 49,282 93492 Pier 60 Maintenance 76,540 55,687 55,687 55,687 0 C 93493 Marina Restroom Renov 310,885 310,885 310,885 201,277 162 109,446 93494 Fuel Tank Replacement 150,000 350,000 350,000 350,000 93495 Dock Construction 70,000 70,000 70,000 70,000 93496 Marine Fac Dredg/Maint 179,029 188,529 188,529 49,053 139,476 93497 Docks & Seawalls 150,000 150,000 150,000 1,192 148,808 93498 Sailing Ctr Improvements 74,000 74,000 74,000 66,608 7,392 93499 Pier 60/Saillng Ctr Maint 15,000 35,313 35,313 3,564 31,749 Subtotal 2,029,191 2,248,150 2,248,150 1,155,164 162 1,092,824 Airpark 94713 Airpark Master Plan Improv 1,797,885 1,965,101 578,194 2,543,295 1,703.088 821,429 18,778 19 94772 Airpark Berm 594,000 594,000 594,000 527,695 66,305 94816 Airpark Improvements 400,000 0 0 0 C 94817 Airpark Malnt & Repair 20,000 20,000 20,000 16,048 3,952 94818 Airpark Security Improvmts 70,000 69,960 69,960 69.960 0 C Sub-Total 2,881,885 2,649,060 578,194 3,227,254 2,316,790 821,429 89,035 Libraries 93521 Books/Mat'ls Collection 4,470,538 4,447,038 4,447,038 4,022,684 14.981 409.372 93523 New Main library 20,266,001 20,343,337 (6,992) 20,336,345 9,910,104 6,438,351 3,987,891 17 93525 N Greenwood library 1,288,397 1,288,397 1,288,397 1,23-4,343 68,145 -14,092 93526 Polaris System Upgrade 0 60,000 60,000 60,000 Sub-Total 26,024,935 26,138,771 (6,992) 26,131,780 15,167,131 6,521,477 4,443,171 GARAGE 94210 Motor Pool Refurbishment 428,624 428,624 428,624 81,761 500 346,353 94222 Motorized Equip -Gash 1,280,751 1,280,751 13,150 1,293,901 1,102.479 33,588 157,834 18 94223 Garage Tech Up 369,301 273,600 273,600 273.600 0 C 94227 Motorized Equip - UP 17,722,307 17,722,307 17,722,307 15,160,088 860,867 1,701,353 94228 Garage Hvy Equip Lifts 121,000 121,000 121,000 121,000 0 C 94230 Fleet Asset Mgmt Sys 0 95,702 95,702 20,000 75,702 Sub-Total 19,921,983 19.921,983 13,150 19,935,133 16,738,927 914,955 2,281,251 33 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2002 to June 30, 2003 Actual expenditures Budget Amended Revised Project Open Available Amend Description 10/1102 Prev atr Amdmts Budget To Date Encumbr Balance Status Ref BUILDING MAINTENANCE 94510 Air Cond Replace-City Wide 1,043,650 1,043,650 1,043,650 675,825 27,312 340,513 94512 Roof Repairs 464,235 464,235 464,235 410,334 9,385 44,515 94514 Roof Replacements 772,160 772,160 772,160 597,529 174,630 94516 Bldg & Malnt Technology Upgr 64,886 0 0 0 C 94517 Painting of Facilities 133,000 133,000 133,000 88,620 1,582 42,797 94518 Fencing of Facilities 62,000 66,698 66,698 43,679 420 22,599 94519 Flooring for Facilities 538,000 538,000 538,000 267,630 114,563 155,807 94520 B&M 3/4 Ton Pickup Truck 30,000 25,683 25,683 25,683 0 C 94521 Elevator Refurb/Modernlzation 220,000 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 0 64,886 64,886 20,000 44,886 Sub-Total 3,327,930 3,328,311 3,328,311 2,109,301 173,262 1,045,748 GENERAL PUBLIC BUILDINGS & EQUIPMENT 94612 MSB/City Hall Security 95,000 95,000 95,000 72,770 6,781 15,450 Sub-Total 95,000 95,000 95,000 72,770 6,781 15,450 MISCELLANEOUS 94711 Sand Key Power Line 1,400,000 1,400,000 1,400,000 1,203,312 196,688 94714 Downtown Redevelopment 1,546,974 1,761,879 1,761,879 1,284,313 27,380 450,186 94729 City-wide Connect Infra 300,000 321,000 1,158,750 1,479,750 98,082 210,000 1,171 ,668 20 94736 Geographic Infonnation 700,000 700,000 700,000 548.292 50,392 101,315 94737 Infonn SVC5 UPS System 45,000 40,072 40,072 40,072 0 C 94738 Telephone System Replac 1,371,062 1,392,636 1,392,636 1,346,073 46,563 94753 Integrated Doc Mgmt Sys 702,352 702,352 702,352 582,898 5,078 114,377 94757 Util Billing/Cust Info Sys 1,573,270 1,573,270 1,573,270 1,563,614 9,656 94761 Poll Stor Tank Rem/Repl.Gen 303,658 303,658 303,658 206,518 6,980 90,160 94765 IMR Development 1,541,788 1,541,788 1,541,788 1,320,184 31,326 190,278 94769 Pier 60 Visitors Center 70,000 70,540 70,540 70,540 0 C 94801 Tidemark Upgrade 742,623 742,623 742,623 388.355 125,375 228,893 94802 Ent Netwk Maint & Repair 192,377 192,377 192,377 192,377 0 C 94803 EnvmmnU Assessmt & Clean-, 524,066 524,066 524,066 92.454 384,538 47,074 94805 HR Evaluation System 75,000 66,858 66,858 66,858 0 C 94807 Risk Management Sys Upgrad 76,650 51.024 51,024 51,024 0 C 94808 Phone Sys Replacement 156,560 133,821 133,821 133,821 0 C 94809 Financial Sys Replacement 1,300,000 1,300,000 150,640 1,450,640 202,722 8,700 1,239,218 21 94811 Elec Mtr Reading Replcmt 100,000 0 0 0 0 C 94813 Training Room Upgrade/IT 35,980 35,480 35,480 35,480 0 C 94814 Network Infra & Server Upgr 240,000 244,928 244,928 238,832 2,330 3,766 94819 Cabana Club Demolition 141,100 0 0 0 C 94820 HR Peoplesoft Upgrade 150,000 150,000 150,000 150,000 94621 Code Inspection Vehicle 0 14,850 14,850 14,650 0 94622 CCS Printer Room Renovation 0 0 25,000 25,000 25,000 22 Sub.total 13,288,460 13,263,222 1,334,390 14,5i7,612 9.665,820 866,950 4,064,843 UTILITIES Stormwat.r Utility 96103 Stonnwater Quality Imp/Prp 2,328,822 2,328,822 2,328,822 2,321,628 1,680 5,514 96119 Allen's Ck Wtrshd Rehab 1,672,218 1,820,552 1,820,552 1,817.026 50 3,476 96120 Alligator Ck Implementation 3,222,614 3,154,616 60,417 3,215.033 2,241.261 99,938 873,815 23 96121 Cooper's pt Restoration 348,419 318,109 318,109 316,109 0 C 96124 Stonn Pipe System Improv 4,114,441 4,133,847 22,563 4,156,410 2,022,175 327,211 1,807,023 24 96125 Town Lake 11,783,500 10,046,544 10,Q.46,544 6,663.210 623,836 2,559,498 96127 N Grwd Stmwtr Retrofit 530,326 530,326 (193.146) 337,180 337.180 0 C 25 96129 Stev Ck Estuary Restor 6,171,673 6,570,673 6,570,673 2,286.932 66,474 4,217.268 96130 NPDES 119,170 119,170 119,170 106.979 12,190 1 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 1,008,000 34 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2002 to June 30, 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/02 Prey Qtr Amdmts Budget To Date Encumbr Balance Status Ref Stormwater Utility (continued) 96140 Sharkey Rd Drainage Imprv 900,000 900,000 (273,441 ) 626,559 322,793 184,002 119,765 26 96141 Kapok Flood Resolution 16,688,000 16,707,896 3,508,641 20,216,537 12,961,404 625,123 6,630,010 27 96142 Myrtle Ave Drainage Imprvmt 9,355,000 9,355,000 9,355,000 223,006 43,816 9,088,178 28 96143 N. Beach Neighbrhd Drainage 470,000 470,000 470,000 470,000 96144 Slevensn Crk Impl Projects 4,776,563 4,776,563 4,776,563 315,387 563,484 3,897,693 96145 Tropic Hills Drainage Imprv 550,000 550,000 (550,000) 0 0 C 29 96146 Grade-All Excavator 200,000 184,653 184,653 184,653 0 C 96147 Laptops for Field Crews 45,000 45,000 (45,000) 0 0 C 30 96148 Well Points & Headers 32,000 32,000 32,000 23,738 8,262 96149 Stonn Sys Expansion 1,000,000 1,000,000 1,000,000 644,933 355,067 96150 Momlngslde/Meadows Drain 575,000 575,000 575,000 575,000 96151 Power Screener 200,000 200,000 200,000 172,841 27,159 96152 Lake Bellevue Storm water Im~ 0 0 2,000,000 2,000,000 2,000,000 31 Sub-Total 66,290,746 64,826,770 4,530,035 69,356,805 32,966,696 2,744,381 33,645,729 Water System 96721 System R & R-Maintenance 715,149 752.149 752,149 744,083 1,416 6,650 96739 Reclaimed Water Dist 25,659,401 25,659,401 1,757,035 27,416,436 18,925,342 7,777,764 713,330 47 96740 Water SupplylTreatment 3,846,089 3,846,089 3,846,089 1,250,475 896,659 1,698,955 48 96741 System R & R-Capitalized 5,127,825 5,127,825 5,127,825 3,257,192 116,213 1,754,421 96742 Line Relocation-Gapitalized 5,664,323 5,664.323 5,664,323 4,470,816 128,559 1,064,947 96743 Mtr Bkftow Prey Dev/Chang 1,623,898 1,586,898 1,586,898 711,073 875,826 49 96744 System Expansion 1,326,040 1,326,040 1,326,040 690,191 635,849 96747 Rain Sensor Rebates 185,000 185.000 185,000 1,472 183,528 96748 Water Treatment Facility 9,335,000 8,339,601 8,339,601 5,853,058 2,336,749 149,794 96749 Clwr Harbor Transm Main 2,546,833 2,546,833 2,546,833 1,882,556 78,158 586,119 96750 Well Rehabilitation 776,375 776,375 776,375 275,025 96,080 405,270 96751 Disinfection Systems 1,400,000 1,400,000 (109,300) 1,290,700 1,075,956 214,744 50 96752 Water Service Lines 1,500,000 1,500,000 109,300 1,609,300 535,103 1,005,578 68,619 51 96754 Reclaimed Wtr Pickup Trucks 58,800 49,023 49,023 49,023 0 C 96755 Skd Mounted Vac RecJm Sys 83,000 83,000 83,000 24,950 58,050 96756 Flat Bed Pick up Truck 25,000 25,000 (25,000) 0 0 C 52 96757 Water Pick up Trucks 50,000 50,000 50,000 50,000 Sub-Total 59,922,733 58,1117,556 1,732,035 60,649,592 39,721,364 12,462,125 8,466,103 Sewer System 96604 WPC Major Equip Overhaul 250,000 250,000 (100,000) 150,000 107,577 24,650 17.773 35 96605 WWC Interceptor Lines 3,167,000 3.167,000 3,167,000 373,760 374,608 2,418,632 96606 THM Control 1,700,000 1,700,000 1,700,000 65,072 853 1,634,075 96607 Upgrade TV Truck 40,000 40.000 (11,340) 28,660 28,660 0 C 36 96608 Rear Easement Swr Clnr 38,000 38.000 38,000 38,000 96609 Port CCTV Insp Camera 45,000 45,000 45,000 44,960 20 96610 Portable Generator Sets 65,000 65,000 65,000 65,000 96611 B~Sollds Treatment 0 4,228.920 4,228,920 101,297 4,127,623 96612 WWC Trackhoe 0 24.626 24,626 24,626 0 96613 NE Filler/Marshall Blower MCC 0 0 1,869,650 1,869,650 1,869,650 37 96630 Sanitary Sewer Ext . 1,452,439 1,452,439 28,710 1,481,149 675,616 230,435 575,098 38 9663<4 San UUI Reloc Accommodatior 4,203,092 4,203,092 550,000 4,753,092 2,414,371 53,312 2,285,408 39 96645 Laboratory Upgrade & R&R 635,113 610,166 610,166 409,272 87.453 113,441 9665<4 Facilities Upgrade & Improv 1,775,366 1.792,579 (104,224) 1,688,355 1,027,551 500,503 160,301 40 96656 Laboratory Building 2,198,962 2,223,909 2,223,909 2,223,909 0 C 96658 Northeast Improvements 10,342,882 7,934.882 7,934,882 6,242,057 590,690 1,102,135 96662 Digester CLNAlMarshall 450,000 0 0 0 C 96664 WPC R & R 3,391,806 3,391.806 2,910 3,394,716 3,090,115 91,027 213,573 41 96665 Sanitary Sewer R&R 17,715,098 18,715,098 (2,980,550) 15.734,548 8,277,022 2,401,207 5,056,319 42 96670 Poll Stor Tk Remov-WPC 196,000 196,000 196,000 122,326 73,674 96671 Rotary Screen Sludge Thick 153,762 153,762 153,762 151,339 2,423 0 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October i. 2002 to June 30. 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/02 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Sewer System (continued) 96672 NE AWT Carousel 4,595,219 684,400 (114,911 ) 569,489 569,489 0 C 43 96676 Telemetry Sys for Lift Sta 310,000 310,000 310,000 63,885 67,395 178,720 96680 NE & East-Influent Screen Cor 170,000 74,680 74,680 74,680 0 C 96681 NE-Control Bldg Gr FI Remod 157,000 157,000 (157,000) 0 0 C 44 96683 WPC Master Plan Ph II FY99/( 1,200,000 240,000 240,000 220,830 9,450 9,720 96685 WPC Master Plan Ph III 1,700,037 1,700,037 (170,000) 1,530,037 855,208 642,854 31,976 45 96686 Pump Station Replacement 7,080,000 7,080,000 7,080,000 2,896,990 958,782 3,224.228 96687 C/w Harbor Force Mains 1,440,563 1,440,563 1,440,563 1,526,447 -85,884 96688 Clw Harbor Swr Line Reloc 550,000 550,000 (550,000) 0 0 C 46 96691 Sewer Portable Generators 130,000 0 0 0 C 96693 WWC Force Main Replcmts 1,936,000 1,936,000 1,936,000 1,182,524 62,013 691,463 96694 Manhole & Gravity Line Repl 1,250,000 1,250,000 1,250,000 508,974 547,889 193,137 96695 WWC Lateral Repairs 400,000 400,000 400,000 16,366 85,803 297,831 96696 WWC Sewer Upgrades 90,000 90,000 90,000 90,000 96697 WWC Pick-up Truck 29,400 29,400 29,400 29,400 96698 WWC GPS Data Collector 30,000 30,000 30,000 30,000 Sub-Total 68,887.739 66,204.359 (1.736.755) 64,467,604 33.148,667 6,877,624 24,441,313 Gas System 96358 Environmental Remediation 1,187,335 1,187,335 1,187,335 560,911 97,448 528,975 96365 Line Relocation-Pinell Maint 116,089 116,089 116,089 7,201 108,888 96367 Gas Meter Change Out-Pin 430,000 430,000 430,000 35,911 394,089 96374 Line Relocation-Pin Capit 2,428,822 2.428,822 2,428,822 1,337,520 128,291 963,011 96376 Une Relocation - Pas Maint 30,000 30,000 30,000 30,000 96377 Pinetlas New Main / Ser 5,170,805 5,170,805 5,170,805 3,237,498 32,733 1,900,574 96378 Pasco New Mains / Ser 2,816,782 2,816,782 2,816,782 1,700,865 16,149 1,099,767 96379 Pasco Gas Mtr Change Out 420,000 420,000 420,000 420,000 96380 Gas Forklift 0 0 39,641 39,641 39.641 32 Sub-Total 12,599,832 12,599,832 39,641 12,639,473 6.879.905 274,622 5,484.946 Solid Waste 96426 Facility R & R 1,196,752 1.196,752 1,196,752 838,402 40 358,310 96427 Residential Container Acq 2,083,996 2,083,996 2,083,996 1,917,231 11,668 155,098 96429 Commercial Container Acq 3,478,708 3.478,708 3,478,708 2,865,269 128,329 485,109 96438 Vehicle AcquiSition 495,000 597,961 597,961 489,545 108,416 96439 Container Screening Pro 450,000 450,000 (120,710) 329,290 17,683 311,608 33 96440 Improvements to SW Complx 208,785 208,785 208,785 48,643 3,907 156,235 96442 SW Vehicle Replacement 210,000 210,000 210,000 76,458 21,433 112,109 Sub-Total 8.123,241 8.226.202 (120.710) 8,105,492 6.253,230 165,378 1.686.884 Utility Miscellaneous 96516 Citywide Aerial Photo 185,232 185,232 185.232 149,166 36,066 96521 PW Infra Mgmt System 1,077,360 1,077 ,360 174,779 1,252.139 418,262 800,067 33,810 34 96522 Pub Utilities Adm Building 115,000 115,000 115.000 93,905 1,789 19,306 96523 Pub Utilities Adm Bldg R&R 52,000 52,000 52,000 8,587 43,413 Sub-Total 1.429,592 1,429.592 174.779 1,604,371 669.921 801.856 132.5lJ5 Recycling 96802 Recycle BldgIProcess Ramp 334,833 334,833 334,833 334,146 687 96804 Recycling CartslDumpsters 566,925 566.925 566,925 258,291 10 308,624 96805 Recyc ExpanIPromlR&R 882,236 882,236 882,236 532,246 1,955 348,034 96806 Recycling Equip Replac 1,179,550 1,513,006 1,513,006 754,489 333,456 425,061 Recycling Van Acquisition 151,000 151,000 151.000 146,600 4,400 Sub-Total 3,114,544 3.448,000 3,448,000 2,025,772 335,421 1,01111,806 441,324,105 438.393,150 8,885,734 447,278,884 267,987.588 52,014,792 127,276,506 36 ~'7' ::~ . ,f, > ", ~. ~ . .~,'.; .;.; ,':',~. ~ . < 37 ,.... }.~ Special Program Fund Third Quarter Budget Amendments October 1, 2002 . June 30, 2003 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Bullet Proof Vest 2002 . Record a $798.00 budget and actual increases from the Police Department's general fund operating savings 6 99305 798.00 to fund the match fund requirement. '198,00 K.9 Equipment - Record a $2,995,00 budget increase in donations to match budgeted 7 99310 2,995.00 revenues with actual revenues received. 2,995,00 Safe Neighborhood Heroes - Program 8 99315 0.00 complete and will be closed at year-end. 0.00 Police Education Fund. Record a budget increase of $15,469.70 in Police Education Fines to match budgeted revenues with 9 99317 15,469.70 actual revenues received. 15,469.70 Local Law Enforcement Block Grant 2003. Record a budget increase of $24,392.66 representing $1,773.50 in interest earnings to match bUdgeted revenues with actual revenues received and $22,619.16 increase from the Police Department's general fund operating savings to complete the match fund 10 99324 24,392.66 requirement. 24,392,66 Citizen's Police Academy - Record a budget increase of $613.30 In donations to match budgeted revenues with actual revenues 11 99325 613,30 received. 613.30 Investigative Recovery Costs. Record a budget Increase of $44,622.28 In court forfeiture fees to match budgeted revenues 12 99329 44,622.28 with actual revenues received. 44,622,28 Florida Contraband Forfeiture. Record budget Increase of $97,752.02 in court forfeiture proceeds to match budgeted revenues with actual revenues received. Also record bUdget and actual transfers of $375,000.00 to 181.99331 Law Enforcement Trust Fund. The net budget amendment Is 13 99330 97,752.02 (375,000,00) ($277,247.98). (277,247,98) Law Enforcement Trust Fund - Record budget and actual transfers of $375,000.00 from 181.99330 Florida Contraband 14 99331 0.00 375,000.00 Forfeiture. 375,000,00 38 39 . '. .. . Special Program Fund Third Quarter Budget Amendments October 1, 2002 - June 30, 2003 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Juvenile Welfare Board - Ross Norton Teen 2001 - Record a budget increase of $30,957.00 representing third year grant funding for two teen programs from the Juvenile Welfare Board for the period October 1, 2002 through September 30. 2003. Approved by Commission November 20 99822 30,957.00 7.2002, 30,957.00 OTTED Brownfield Remediation - Record a budget decrease of $20.00 to match actual 21 99824 (20.00) revenue and expense and close program. (20.00) Juvenile Welfare Board - Programmer North Greenwood - Establish a $13,333.00 budget recognizing revenue received from the Juvenile Welfare Board for staff and operating expenses at the North Greenwood Recreation/Aquatic Complex. Amendment to existing JWB contract approved by City 22 99835 13,333.00 Commission November 7,2002. 13,333.00 State Brownfield's Redevelopment Account - Record a budget increase of $1,167.31 in interest earnings to match budgeted revenues with actual revenues 23 99871 1,167.31 received. 1,167.31 Pollee - Outside Duty - Record a budget increase of $141.995.20 in contractual services to match budgeted revenues with actual revenues received. Also record budget and actual transfers of $4,570.00 to 181-99350 Vehicle Replacement. The net 24 99908 141,995.20 (4,570.00) budget amendment is $137.425.20. 137,425.20 Library Special Account - Record budget Increase of $21.193,47 in donations to match budgeted revenues with actual revenues 25 99910 21,193.47 received. 21,193.47 Brownfield - Federal EPA - Record budget Increase of $200,000.00 In United States Environmental Protection Agency funds. The agreement was amended bringing the federal 26 99939 200,000.00 funds awarded to $500,000. 200,000.00 40 Special Program Fund Third Quarter Budget Amendments October 1, 2002 - June 30, 2003 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Moccasin Lake Nature Park - Record budget increases representing $502.18 in sales and $258.68 in donations to match budgeted revenues with actual revenues received. Also record budget and actual decreases of $1,000.00 in sales revenue representing a transfer to general fund sales revenue. The net budget amendment is 27 99941 (239,14) ($239.14). (239.14) Special Events - Record budget increases representing S452,266.96 in sales, $40,175.17 in donations, $100.00 in memberships registrations, $8,125.00 in sponsorships and $7,999.53 in rentals to match budgeted revenues with actual revenues received. Also record budget and actual decreases of $50,000.00 in sales revenue representing a transfer to general fund sales revenue. The net budget 28 99954 458,666,66 amendment is $458,666.66. 458,666.66 Parks & Recreation Donations & Specified Programs - Record budget increases representing $6,336.69 In sales, $18,410.96 In donations, $690.67 in admissions, $18,018.08 In membership registrations, and $211.12 in rentals to match budgeted revenues with actual revenues received. Also record budget and actual decreases of $5,950.00 in sales revenue representing a transfer to general fund sales revenue. The 29 99962 37,717.52 net budget amendment is $37,717.52. 37,717.52 TrH Replacement Project - Record a budget increase of $2,856.00 representing court forfeiture proceedS to match budgeted 30 99970 2,856.00 revenues with actual revenues received, 2,856.00 EMS Incentive/Recognition - Record a $9,000.00 budget Increase representing funds from Pinellas County paid to Fire Department for EMS services perfonned above standards ouUlned in the County EMS 31 99982 9,000.00 contract. 9,000,00 Smty Village. Record a $750.00 budget increase representing donations to match budgeted revenues with actual, revenues 32 99998 750.00 received. 750.00 41 , ",' . '. . ". " Special Program Fund Third Quarter Budget Amendments October 1, 2002 . June 30, 2003 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs Total: 948,334.02 (4,570.00) 943,764.02 Grand Totals: 1,708,107.31 0.00 1,708,107.31 . . "2., , .. l. ~ " ,.". . . ..... . .' " ,'" . SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2002 to June 30, 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/0112002 Prey Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99139 Downtown Clearwater Design Guideline! 0 10,000 0 10,000 0 0 10,000 99140 Special Planning Design & Evaluation 0 0 65,000 65,000 0 0 65,000 45,050 55,050 65,000 120,050 33,910 0 86,140 PUBLIC SAFETY PROGRAMS 99294 Downtown Patrol 0 0 300,000 300,000 0 300,000 2 99295 Jasmine Courts 0 0 100,000 100.000 0 0 100,000 3 99296 Violent Crime & Drug Control 0 0 45,000 45,000 0 0 45,000 4 99297 Clearwater DUI Enforcement Program 0 40,200 0 40,200 36,200 0 4,000 99298 Operation Apoyo Hispano 2003 0 91.726 4,400 96,126 40,572 9,487 46,067 5 99301 VOCA 2003 0 36,980 0 36,980 28,169 0 8,811 99303 HUD Drug EliminationlCHA 2000 132,949 132,949 0 132,949 132,949 0 0 C 99304 FYOl HUD Drg Ellm Cha 142,501 142,501 0 142,501 142,501 0 0 C 99305 Bullet Proof Vest 2002 720 720 798 1,518 1,596 0 -78 6 99310 K-9 Equipment 7,665 15,263 2,995 18,258 13,869 0 4,389 7 99311 Weed & Seed Asset Fort. 2001 50,000 50,000 0 50,000 50,000 0 0 C 99315 Safe Neighborhood Heroes 1,000 1,000 0 1,000 1,000 0 0 C 8 99316 Police Volunteers 17 ,500 27,500 0 27,500 21,131 0 6,369 99317 Police Education Fund 798,510 841,247 15,470 856,717 787,704 688 68,325 9 99319 Weed & Seed 2000 175,000 175,000 0 175,000 175,000 0 0 C 99321 Hispanic Initiative Video 40,000 40,000 0 40,000 40,000 0 0 C 99323 Weed & Seed 2001 175,000 175,000 0 175,000 170,907 0 4,093 99324 LLEBG 2003 203,782 204.332 24,393 228,725 0 0 228,725 10 99325 Citizen's Police Academy 28,500 28,500 613 29,114 22,178 0 6,936 11 99328 VOCA 2002 39,981 37,511 0 37,511 37,352 0 159 99329 Investigative Recovery Costs 876,324 887,570 44,622 932.193 698,959 40,555 192,679 12 99330 FL Contraband Forfeiture Fnd 511,751 712.688 -277.248 435,440 340,498 0 94,942 13 99331 Law Enforcement Trust FD '91 1,851.133 1.728,201 375,000 2,103,201 1,828,594 6,420 268,187 14 99332 OffICer Friendly Program 95,491 103.121 0 103,121 87,638 130 15,353 99334 Nghbhd Police Homeless 997,800 997,800 0 997,800 811,020 21,500 165,280 99335 Operation Apoyo Hispanic 86,666 86,666 0 86,666 78,907 0 7.759 99337 project Next Step 78,500 79,222 0 79,222 79,222 0 0 C 99339 COPS Technology Grant 748,350 748,350 0 748,350 753,665 0 -5.315 99348 Local Law Enforcement Block 2002 280,380 285,627 730 286,357 275,898 0 10.459 15 99350 Vehicle Replacement Fund 0 10.330 4,570 14,900 0 0 14,900 16 99353 OUI Education 3,000 3.000 0 3,000 1.420 0 1,580 99356 Safe Neighborhood 195,145 220.145 500 220.645 140,612 0 80,033 17 99363 DUI Equipment Fund 19,000 19.000 0 19,000 18,889 29 82 99364 Crime Prevenllon Program 630 1,230 0 1,230 666 0 564 99375 COPS Universal Grant 1,871,905 1.871.905 0 1,871,905 1,871.905 0 0 C 99387 Federal Forfeiture Sharing 173.056 202.623 0 202,623 124,431 0 78,192 99393 COPS MORE '98 1,439,383 1.424,224 0 1,424,224 1.424,224 0 0 C 99489 Americops - Project Nucops 262,379 262.379 0 262.379 250,766 0 11,613 99938 Homeless Sheller 764.396 791,333 0 791.333 791,333 0 0 99947 Safe Neighborhood TV Specialist 180,897 263.647 0 263,647 236.591 0 27,056 12,24i,294 12,73i,4eo 641,1143 13,311,333 11,51&,366 711,IIOi 1,78&,158 COMMUNITY DEVELOPMENT 99402 Economlc Development 2003 201,469 201,469 0 201,469 38,044 0 163,425 99403 Housing Rehab 2003 100,000 100.000 0 100,000 80.158 0 19,842 99404 InfiU Housing 2003 12,500 197.500 0 197,500 0 0 197,500 99405 Public Facllilles & Improvements 2003 200.829 275,829 0 275,829 301,544 108,785 -134,500 99406 Public SelVas 2003 201,564 241,164 0 241,164 160,933 40.632 39,599 99407 Program Admin 2003 225,400 225.400 0 225,400 124,398 0 101,002 99408 Fair Housing 2003 10,000 10,000 0 10,000 6,366 0 3,634 99409 Demolition 2003 20,000 20,000 0 20.000 0 0 20,000 99410 Relocation 2003 25,238 25.238 0 25,238 0 0 25.238 99433 Infi. Housing '97 561.486 561,486 0 561.486 561,486 0 0 99651 Economlc Development 50,696 50,696 0 50,696 99,853 0 -49,157 43 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2002 to June 30, 2003 Actual Expenditure. Budget Amended Revised Project Open Available Amend Description 10/01/2002 Prev Qtr Amdmt BUdget To Date Encumbr Balance Status Ref 99652 Housing Rehabilitation 221.344 171,344 0 171,344 -49,157 0 220,501 99653 Infill Housing '98 209,815 209,815 0 209,815 209,815 0 0 99661 Economic Development '99 163,655 163,655 0 163,655 163,655 0 0 99662 Housing Rehabilitation '99 43,959 43,959 0 43,959 38,146 0 5,813 99663 Home Ownership '99 67,832 67,832 0 67,832 68,282 0 -450 99670 Housing Relocation 2000 0 0 0 0 7,568 0 -7,568 99671 Economic Development 2000 165,000 165,000 0 165,000 18,682 0 146,318 99672 Housing Rehabilitation 2000 93,725 93,725 0 93,725 122,251 0 .28,526 99673 Infill Housing 2000 0 0 0 0 21,378 0 -21,378 99674 Public Facilities & Improv 2000 270,525 270,525 0 270,525 113,198 0 157,327 99675 Public Services 2000 150,750 150,750 0 150,750 150,723 0 27 99676 Program Administration 2000 219,000 219,000 0 219,000 194,547 0 24,453 996n Fair Housing 2000 14,000 14,000 0 14,000 13,519 0 481 99678 Demolition 2000 4,743 4,743 0 4,743 9,565 0 -4,822 99680 Housing RelocatJon 200 1 6,233 6,233 0 6,233 18,200 0 -11,967 99681 Economic DvIopmt 2001 331,273 207,862 0 207,862 180,501 0 27,361 99682 Housing Rehabilitation 2001 74,424 74,424 0 74,424 44,941 0 29,483 99683 Infill Housing 2001 0 0 0 0 31,082 0 -31,082 99684 Public Facilities & I~s 2001 382,550 382,550 0 382,550 386,459 0 -3,909 99685 Public Svces 2001 159,031 159,031 0 159,031 135,424 0 23,607 99686 Program Adm 2001 255,710 255,710 0 255,710 200,514 0 55.196 99688 DemoIitJon 200 1 4,987 4,987 0 4,987 0 0 4,987 99690 Economic Development 2002 445,000 318.811 0 318,811 83,497 162,206 73,109 99691 Housing Rehab 2002 26,415 26.415 0 26,415 99,093 0 -72,678 99692 Infill Housing 2002 0 0 0 0 1,720 0 -1,720 99693 Public Fac & Improvements 294,883 294,883 0 294,883 173,484 3,949 117,450 99694 Public Services 2002 150,902 150,902 0 150,902 190,158 2,502 -41,758 99695 Program Adm 2002 205,800 205,800 0 205,800 215,708 0 -9,908 99696 Fair Housing 2002 31,000 31,000 0 31,000 22,429 2,571 6,001 5,601.731 5,601,731 0 5,601,731 4,238,161 320.645 1,042,832 SOCIAL SERVICES 99538 Affordable Housing IITll Fees 432,676 432,676 0 432,676 132,236 0 300.440 99557 Code Enforcement-N Gmwd '96 66,488 66,488 0 66,488 0 0 66,488 99559 EEOC Charge Resolution 230,690 230,690 0 230,690 224,190 0 6,500 99560 HUD Fair Housing AssIstance 107,200 107,200 0 107,200 97,200 0 10,000 99562 HUD Special EducatJon 30,000 30,000 0 30,000 25,000 0 5.000 99564 Youth VIP Program 31.250 31,250 0 31,250 18,750 0 12,500 99565 JWB - Teen CarT1> 35,160 35,160 0 35,160 35,160 0 0 99598 Challenge Loan Guarantee Fd 80,757 80.757 0 80,757 0 0 80,757 99599 lor.. Housing Developmt pgm 475,194 475,194 0 475,194 209,136 0 266.058 Sub.Total 1....8.414 1,411.415 0 1,418,414 741,672 0 747,742 MARINE 99704 SembIer Mitigation Project 494,911 518,403 0 518,403 0 0 518,403 99707 Beach Guard Donations 2,410 4,895 7,500 12,395 3,940 0 8,455 18 99710 Ctw MarIne Aquarium Improv 0 0 50,000 50,000 0 0 50,000 33 Sub.Total 487.321 523,2M 57.500 580,711 3,940 0 576,851 MISCELLANEOUS PROGRAMS 99801 BrownfIeld Remediation 307,483 307,483 0 307,483 300,000 422 7,061 99802 BrownfIeld RltYOlvIng Loan 500,000 500,000 0 500,000 57,813 0 4-42,187 99803 Long Center SInkIng Fund 287,260 287,260 0 287,260 252,797 0 34,463 9D804 CIty Manage(a Flexibility Fund 260,442 260,442 0 260,442 146,358 0 114,084 .,3 CPR Dol DoniItIon 1,000 1,000 0 1,000 985 0 15 .,5 CERT GIant 22,012 22,012 0 22,012 18,261 0 3,751 gga21 JWB . Joe DiMaggio Teen 2001 49,550 "9,550 30.957 80,507 67,230 0 13,2n 19 99822 JWB . Roll Norton Teen 2001 49,550 "9,550 30.957 80,507 69,740 {) 10,767 20 99824 OTTED BrownflIId Remedlalion 111,000 111,000 -20 110,980 110,980 0 0 21 99827 United Wa'l2002 1,500 1.500 0 1,500 1,325 0 175 99828 VUnenIblIlty AslessmBnt 115,000 115.000 0 115,000 28,026 10,055 76,919 44 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2002 to June 30, 2003 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2002 prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99830 Clearwater Pedeslrian/Bicycle Coordinal 0 52.787 0 52,787 13,330 0 39.457 99831 JWB . Kings Highway 2003 0 41,200 0 41,200 2,027 0 39,173 99832 JWB . Ross Norton 2003 0 11.000 0 11,000 2,636 0 8.364 99833 JWB - N. Greenwood Recreation 2003 0 11,000 0 11,000 10.227 408 365 99834 Neighborhood Services Grants 0 25.000 0 25,000 0 0 25.000 99835 JWB - Prograrrmer North Greenwood 0 0 13.333 13,333 0 0 13,333 22 99871 State Brownfields Redevelopment ACCOl 0 135,158 1.167 136.325 5.800 4,695 125,830 23 99897 Sand Key ATV Donation 0 9,434 0 9,434 9,434 0 0 C 99898 Fire Dept HonOl' Guard 3,300 3.950 0 3,950 0 0 3,950 99899 GASB34 Implementation 40,000 88,000 0 88,000 0 0 88.000 99903 FROG Reissue Program 10,630 10,667 0 10,667 7,989 0 2,678 99905 JWB - MLK 2002 33,000 29.625 0 29,625 29.625 0 0 C 99908 Police. Outside Duty 1.139.294 1,500,436 137,425 1,637,861 1,645.886 0 -8.025 24 99910 Library Special Account 300,817 311,918 21,193 333,111 267,027 0 66,084 25 99919 Waste Tire Grant 337.462 352,169 0 352, 169 347,882 0 4,287 99925 Peg Access Support 425,000 525.000 0 525.000 434,822 0 90,178 99927 Emergency Opera lion 276,772 276,772 0 276,772 0 0 276.772 99928 Nagano Sister City Program 52,329 52,329 0 52,329 45,421 0 6,908 99931 Folk Art Festival 132,682 132,682 0 132,682 119,601 0 13,081 99939 Brownfield. Federal 300,000 300,000 200,000 500,000 226,559 40,079 233,362 26 99941 Moccasin Lake Nature Pari< 91,381 92,515 .239 92,276 83,123 0 9,153 27 99943 JWB Ross Norton 2002 8.800 8,265 0 8,265 8,265 0 0 C 99950 lOB Fees 54,131 54,131 0 54,131 32,830 0 21.301 99954 Special Events 2,169.182 2,897,933 458,667 3.356,600 3.288,441 8,310 59.849 28 99959 Safety Village Upgrade 14,785 14,785 0 14,785 10,589 0 4,196 99962 P&R Donations & Specified Programs 877.981 955,353 37,718 993,071 915,440 0 77,631 29 99963 Economic Development Incentive progra 133,422 228,366 0 228,366 51,358 0 177,008 99964 Sand Key Beach Vegetation 145,042 151,242 0 151,242 134,290 0 16,952 99966 Integrated Disability Mgmt Assessment ~ 80,000 80,000 0 80.000 40,000 0 40,000 99968 Cleveland Street Maintenance 39,000 49,000 0 49,000 19,314 0 29,686 99970 Tree Replacement Project 418,274 440,952 2,856 443,808 347,383 0 96,425 30 99971 Brownfield Assessment 195,512 180,382 0 180,382 180,382 0 0 C 99972 Brownfield Stabilization 165,462 59,519 0 59,519 59,519 0 0 C 99973 Brownfield Clean-up 179,819 71,578 0 71,578 71,578 0 0 C 99974 Brownfield Data Collection and Researcl 92,646 90,238 0 90,238 90,238 0 0 C 99976 Brownfield State Award 500,000 500,000 0 500,000 500,000 0 0 C 99977 Greenwood Ecodev 70,000 70,000 0 70,000 35,000 0 35,000 99978 Malnstreet Program 11,316 11,853 0 11,853 0 0 11 ,853 99979 Historical Facade Program 44,180 48,330 0 48,330 47,086 1,000 244 99982 EMS IncentivelRecognitlon 5,925 13,925 9,000 22,925 6,007 0 16,919 3t 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 25,419 0 24,582 99985 FI Wild Fire Support 23,273 23,273 0 23,273 23,273 0 0 99986 Mediterranean Village 277.330 345,298 0 345.298 198,797 58,727 87,774 99988 Increment Revenue. IMR 44.062 179,238 0 179,238 0 0 179,238 99990 Moore Fields 8&9 530,000 0 0 0 0 0 0 C 99991 Trailer Park Fire 65,000 65,000 0 65,000 0 0 65.000 99992 Fire Prevention Education 15,000 15,000 0 15,000 0 0 15,000 99993 Salling Center Donations 27,815 27,815 0 27,815 26,975 0 841 99994 JWB . Kings Highway 2002 8,800 7,367 0 7,367 7,367 0 0 C 99995 Water Conservation Devices 100,000 100,000 0 100,000 75,363 0 24,637 99996 Water Conservation Education 1,052 1,052 0 1,052 1,052 0 0 C 99997 Main Library Field Trust Fund 115,571 115,571 0 115,571 0 0 115,571 99998 Safely Village 19,526 21,817 750 22,567 21,315 0 1,252 32 11,330,370 12,543,720 943,764 13,417,415 10,522.183 123,697 2,1<41,605 TOTAl ALL PROJECTS 31,213.118 32,852,711 1,701,107 34,660,117 27,058,231 523,151 7,011,434 <45 Revenues County Reimbursement - Fire Tax Development Impact Fees Recreation Facility Impact Fees Recreation Land Impact Fees Transportation Impact Appropriation of Designated Reserves City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter Amendments FY 2002103 Increasel (Decrease) Description ($80,000) $50,000 $25,000 $145,000 ($30,000) $638,500 Transfer in from Capital Improvement Fund EXDendltures Infrastructure Tax $49,800 The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon ten months of activity. The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon ten months of activity. The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon ten months of ::If'thlit\l The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon ten months of activity. The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon ten months of activity. Reflects the allocation of $638,500 of Infrastructure Tax reserves to the Fire Shop/Supply Facility project as approved by the City Commission on July 17, 2003. The revenue amendment reflects the return of $49,800 in Penny for Pinellas Funds from 315- 93237, Irrigation System on Memorial Causeway. $ 798,300 Net Revenue Amendments Reflects the allocation of $638,500 of Infrastructure Tax proceeds to the Fire Shop/Supply Facility project as approved by $638,500 the City Commission on July 17, 2003. $638,500 Net Expenditure Amendments 46 . SPECIAL REVENUE FUNDS Third Quarter: October 1, 2002 . June 30, 2003 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2002103 2002103 2002103 2002103 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,003,450 2,003,450 2,003,450 2,003,450 Infrastructure Tax 11,439,990 11,439,990 11,439,990 11,439,990 County Reimbursement - Fire Tax 481,000 481,000 481,000 401,000 (80,000) Development Impact Fees 75,370 75,370 75,370 125,370 50,000 Interest Eamings 500,000 500,000 500,000 500,000 Open Space Fees 181,600 181,600 181,600 181,600 Recreation Facility Impact Fees 37,970 37,970 37,970 62,970 25,000 Recreation Land Impact Fees 14,150 161,300 161,300 306,300 145,000 Transportation Impact 286,280 286,280 286,280 256,280 (30,000) Local Option Gas Tax 128,060 928,060 928,060 928,060 Appropriation of Designated Reserves 1,145,360 345,360 345,360 983,860 638,500 Transfer-In from Capital Improvement Plan 0 936,734 2.438,601 2,488,401 49,800 16,293,230 17,377,11" 18,878,981 19,671,281 798,300 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,002,350 2,002,350 2,002,350 2,002,350 Infrastructure Tax 4,775,000 4,775,000 4,775,000 5.413,500 638.500 Development Impact Fees 75,000 75,000 75,000 75,000 Transportation Impact fees 290,000 290,000 290,000 290,000 Local Option Gas Tax 800,000 800,000 800,000 800,000 Undesignated Special Development Fund 85,000 85,000 85,000 85,000 Transfer to Special Program Fund 0 0 6,200 6,200 Debt Service on Penny for Pinellas Bonds 7,049,690 7,049,690 7,049,690 7,049,690 15,077 ,040 15,077 ,040 15,083,240 15,721,740 638,500 47 - ~ \. SPECIAL REVENUE FUNDS Third Quarter: October 1, 2002 . June 30, 2003 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2002/03 2002/03 2002103 2002/03 Amendments SPECIAL PROGRAM FUND Revenues: COBG Grant 1,027,000 1,027,000 1,027,000 1,027,000 Home Funds 511,000 511,000 511,000 511,000 Grant Funds 0 108,175 171,161 591,388 420,227 Police Fines and Court Proceeds 0 159,893 285,413 446,113 160,700 Donations 0 -217,255 -62,826 29,071 91,897 Sales 0 191,666 389,156 791,312 402,156 Rentals 0 34,030 24,531 32,741 8,211 Sponsorships 0 23,342 23,885 32,010 8,125 Admissions 0 2,096 1,864 2,555 691 Membershlps/Registrallons 0 29,230 53,078 71,196 18,118 Contractual Services 0 250,555 371,472 522,967 151,495 Interest Earnings 100,000 130,782 216,096 219,767 3,671 General Fund 0 7,750 22,170 414,987 392,817 Marine & Aviation Fund 0 0 0 50,000 50,000 Community Redevelopment Agency 0 239,668 310,386 310,386 Recreational Facility Impact Fees 0 0 6,200 6,200 Other Agencies 0 26,936 26,936 26,936 Transfers from General Fund Sister City Program 3,000 3,000 3,000 3,000 City Manager's Feasibility Fund 100,000 100,000 100,000 100,000 Special Event Funding 64,720 64,720 64,720 64,720 Homeless Shelter Program 100,000 100,000 100,000 100,000 Americorp COPS - Matching Funds 40,000 40,000 40,000 40,000 1,945,720 2,832,587 3,685,241 5,393,348 1,708,107 Expenditures: COBG Grant 1.027,000 1,027,000 1,027,000 1,027,000 Home Program 511,000 511,000 511,000 511,000 Grant Proceeds 0 0 74,737 74,737 Planning 0 0 0 65,000 65,000 Public Safety 0 308,592 581,086 1,222,929 641,843 Marine 0 24,852 25,977 83.4 77 57,500 Sister City Program 3,000 3,000 3,000 3,000 City Manager's Feasibility Fund 100,000 100,000 100,000 100,000 Other Miscellaneous Programs 0 134,271 302,033 787,130 485,097 Special Event Funding 64,720 456,936 793.471 1,252,138 458,667 Homeless Shelter Program 100,000 126,936 126,936 126,936 Americorp COPS. Matching Funds 40,000 40,000 40,000 40,000 1,845,720 2,732,587 3,585,240 5,293,347 1,708,107 SPECIAL PROGRAM FUND Revenu.': SHIP Funds 889,505 889,505 889,505 888,505 Expenditures: SHIP Program 889,505 889,505 889,505 889,505 889,505 889,505 889,505 888,505 0 48 City of Clean\'ater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2002/03 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Corrunission approval within certain limitations. TIle following change order have been administratively approved since the last report to the Corrunission based on the code specified criteria: 5/28/03 6/10/03 7/15/03 .' . I. Increases do not exceed 10% over Commission approved amount on a cumulative basis. 2. Change does not change the scope ofa project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in anyone change or cumulatively for the same project. ***** Administrative Change Order No. I & Final - Jack Russell Stadium - Phase 3 - Structural Repairs (OJ-0027-PR). This change'order increases the contract by $2,768.00 for additional work not covered in the original contract and decreases the contract by $4,689.00 for the unused contingency fee and work not required to complete the project. The net impact is a decrease of $1 ,921.00 in the contract amount. Clark & Logan, Inc. -$1,921.00 Administrative Change Order No. 2 & Final - Lift Station #22 Improvements (OJ-0035-U1). This change order decreases the contract by $21,722.40 for the unused portion of the contingency fee. TLC Diversified, Inc. -$21,722.40 Administrative Change Order No. I & Final - Sharkey Road and Oberlin Drive Drainage Improvement (OO-0058-EN). 'This change order increases the contract by $12,938.15 for additional items and supply quantities used and decreases the contract by $9,492.40 for the actual supply quantities not needed to complete the project. The net impact is an increase ofS3,44S.7S in the contract amount. Clark & Logan, Inc. 53,445.75 49 ORDINANCE NO. 7171-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER UTILITY FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, MARINE & AVIATION FUND, PARKING FUND, HARBORVIEW CENTER FUND, ADMINISTRATIVE SERVICES FUND, GENERAL SERVICES FUND, GARAGE FUND AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2003, for operating purposes, including debt service, was adopted by Ordinance No. 7012-02; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $6,672,197 for revenues and $6,320,267 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7012-02 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2002 and ending September 30, 2003 a copy of which is on file with the City Clerk, the City Commission hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau, City Clerk Pamela K. Akin, City Attorney 50 Ordinance No. 7171-03 EXHIBIT A 2002-03 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2002/03 2002/03 2002103 2002/03 Amendment General Fund: Property Taxes 31,385,360 31,385.360 31,385,360 31,881,700 496,340 Sales Tax 13.973,940 13,973,940 13,973,940 12,884,940 -1,089,000 Franchise Fees 6.891,660 6,891,660 6,891,660 7,066,660 175,000 Utility Taxes 9,958,970 9,958,970 9,958,970 10,365,070 406,100 Licenses & Permits 3,282,610 3.282,610 3,282,610 3,637,610 355,000 Fines, Forfeitures or Penalties 1,504,130 1,504,130 1,504,130 1,439,290 -64,840 Intergovernmental Revenue 9,792.280 9.814,280 9.827,340 9,386,070 -441,270 Charges for Services 2,502,810 2.502,810 2,389,000 2,182,880 -206,120 Use and Sale of City Property and Money 1,228,800 1,228,800 1,228,800 1,228,800 0 Miscellaneous Revenues 139,460 139,460 139,460 177,660 38,200 Interfund ChargesfTransfers 11,968.670 12,239,070 12.239,070 12,360,660 121,590 Transfer from (to) Surplus 607,900 2,008,360 2,008,360 2,120,000 111,640 Total, General Fund 93,236,590 94,929,450 94,828,700 94,731,340 -97,360 Special Revenue Funds: Special Development Fund 16,293,230 17,377,114 18,878,981 19,677,281 798,300 Special Program Fund 1,945,720 2,832,587 3,685,241 5,393,348 1,708,107 Local Housing Asst Trust Fund 889,505 889,505 889,505 889,505 0 Utility & Other Enterprise Funds: Water & Sewer Fund 46,226,000 46,228.000 46,228,000 46,228,000 0 Stormwater Utility Fund 9.538,080 9,568,390 9,568,390 9,602,900 34,510 Solid Waste Fund 16,175,100 16,204,100 16,259,100 16,308,800 49,700 Gas Fund 29,274,990 29,589,230 31,330,890 32,923,260 1,592,370 Recycling Fund 2,356,000 2,412.300 2,434,300 2,469,300 35,000 Marine and Aviation Fund 3,201,400 3,209,930 3,209,930 3,284,930 75,000 Parking Fund 4,351,920 4,330,560 4,330,560 5,780,560 1 ,450,000 Harborvlew Center Fund 2,276,280 2,726,280 2,327,660 2,308,160 -19,500 Internal SONic, Funds: Administrative Services Fund 8,332,960 6,332,980 6,380,480 9,297,020 916,540 General Services Fund 3,264,090 3,240,590 3,256,530 3,296,990 40,460 Garage Fund 6,957,230 6,957,230 9,035,050 9,116,100 81,050 Central Insurance Fund 15,779,190 16,340.510 16,340,510 16,348,530 6,020 Total, All Funds 262,100,305 267,168,756 270,983,827 277 ,656,024 6,672,197 51 Ordinance '7171-03 EXHIBIT A (Continued) 2002-03 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2002/03 2002/03 2002/03 2002/03 Amendment General Fund: City Commission 266,850 266,850 266,850 266,850 0 City Manager's Office 798,720 807,140 807,140 807,140 0 City Attorney's Office 1,354,850 1,361,790 1,361.790 1,411 ,790 50,000 City Audit 128,790 128,790 128,790 128,790 0 Development & Neighborhood Svcs 3,127,450 3,230,860 3,230.860 3,230.860 0 Economic Development & Housing S 1,537,180 1,617,960 1,617,960 1,617,960 0 Equity Services 482,650 485,580 485,580 485,580 0 Finance 1,942,630 1,955,300 1,940,300 1,940.300 0 Fire 16,212,950 16,231,790 16,231,790 16,251,090 19,300 Human Resources 1,212,310 1,216,540 1,216,540 1,216,540 0 Library 4,687,640 4.715,150 4,775,150 4,804,450 29,300 Marine & Aviation 501.280 452,030 407,030 427,030 20,000 Non-Departmental 4,010,430 5,212,610 5,212,610 5,167,610 -45,000 Office of Management & Budget 284,970 284,970 284,970 284.970 0 Official Records & Legislative Svcs 1,207,340 1.213,820 1,213,820 1,213,820 0 Parks & Recreation 15,778,130 15,898,370 15,797,620 15,678,640 -118,980 Planning 1,158,920 1,165,920 1,165,920 1,105,740 -60,180 Police 28,929,080 29.001,350 29,001,350 29,001,350 0 Public Communications 905,120 907,840 907,840 907,840 0 Public Works Administration 8,709,300 8,774,790 8,774,790 8,782.990 8,200 Total, General Fund 93,236,590 94,929,450 94,828,700 94,731,340 -97,360 Special Revenue Funds: Special Development Fund 15,077,040 15.077,040 15,083,240 15,721,740 638,500 Special Program Fund 1,845,720 2,732,587 3,585,241 5,293.348 1,708,107 Local Housing Asst Trust Fund 889,505 889,505 889,505 889,505 0 Utility & Other Enterprise Funds: Water & Sewer Fund 44,452,990 44,452,990 44,452,990 44,504,320 51,330 Stormwater Utility Fund 9,538,080 9,568,390 9,568,390 9,602,900 34,510 Solid Waste Fund 15,724,910 15,755.400 15.859.680 15,978,780 119,100 Gas Fund 28,393,600 28.585,710 30,487,620 31,744,390 1,256,770 Recycling Fund 2,344,840 2,403,040 2,427,500 2,430,860 3,360 Marine and Aviation Fund 3,181,860 3,189,650 3,189,650 3,264,650 75,000 Parking Fund 3,363,700 3,325,370 3,325,370 4,837,770 1,512AOO Harborview Center Fund 2,276,280 2,276,280 1,877,660 1,858,160 -19.500 Internal Service Funds: Administrative Services Fund 8,332,980 8,332,980 8,380,480 9,297,020 916,540 General Services Fund 3,239,680 3,216,180 3,232.120 3,272,580 40,460 Garage Fund 8,957,230 8,957,230 9,035,050 9,116,100 81,050 Central Insurance Fund 14,076,920 14,576,920 14,576,920 14,576,920 0 Total, AJI Funds 254,931,925 258,268,722 260,800,116 267,120,383 6,320,267 52 Ordinance #7171-03 ORDINANCE NO. 7172-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003, TO REFLECT A NET INCREASE OF $8,885,734 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2003 was adopted by Ordinance No. 7013-02; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7013-02 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2002 and ending September 30, 2003, a copy of which is on file with the City Clerk, the City Commission hereby adopts a Third Quarter Amended bUdget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance #7172-03 53 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2002/03 2002/03 :!002/03 2002/03 Amendments Police Protection 500,000 500,000 500,000 500,000 Fire Protection 1,929,200 1,926,173 1,926,173 2,648,971 722,798 New Street Construction 0 0 350,000 350,000 Major Street Maintenance 3,782,350 3,996,454 4,036,454 4,167,914 131,460 Sidewalks and Bike Trails 3,006,560 3,006,560 3,006,560 3,006,560 Intersections 385,000 385,000 400,095 400,095 Parking 400,000 400,000 400,000 2,017,000 1,617,000 Miscellaneous Engineering 103,200 708,164 1,018,164 953,164 (65,000) Leisure 0 -425 -425 -425 Park Development 4,572,500 4,768,702 4,751,835 4,693,544 (58,291 ) Marine/Aviation Facilities 340,000 339,419 326,135 904,329 578,194 libraries 642,500 677,463 756,336 749,344 (6,992) Garage 3,111,500 3,111,500 3,111,500 3,124,650 13,150 Maintenance of Buildings 851,000 846,683 851,381 851,381 Miscellaneous 1,255,000 1,214,911 1,229,761 2,564,151 1,334,390 Stormwater Utility 18,699,000 18,711,659 17,235,025 21,765,060 4,530,035 Gas System 2,845,000 2,845,000 2,845,000 2,884,641 39,641 Solid Waste 500,000 602,961 602,961 482,251 (120,710) Utilities Miscellaneous 227,000 227,000 227,000 401,779 174,779 Sewer System 14,238,000 15,255,213 11,554,620 9,817,865 (1,736,755) Water System 10,175,900 9,170,724 9,170,724 10,902,759 1,732,035 Recycling 230,000 563,456 563,456 563,456 TOTAL 67,793,710 69,256,617 64,862,755 73,748,489 8,885,734 54 Ordinance ## 7172-03 . EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002103 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2002/03 2002103 2002103 2002/03 Amendments GENERAL SOURCES: General Operating Revenue 1,939,780 2,794,884 2,854,884 2,894,182 39,298 General Revenue/County Co-op 166,420 166,420 166,420 166,420 Special Development Fund 85,000 85,000 85,000 85,000 Community Redevelopment Agency 0 214.905 214,905 214,905 Road Millage 2,002,350 2,002.350 2,002,350 2,002,350 Recreation Open Space Impact Fee 0 -50,760 -50,760 -50,760 Recreation Land Impact Fee 0 -400,425 -400,425 -400,425 Transportation Impact Fees 290,000 290,000 290,000 290,000 Penny for Pinellas 4,775,000 4,289,451 2,787,583 3,376,283 588,700 Penny for Pine lias Bond , 0 -368,769 -368,769 -368,769 Development Impact Fees 75,000 75,000 75,000 75,000 Local Option Gas Tax 800,000 800,000 800,000 800,000 Grants - Other Agencies 4,656,560 6,642,783 7,236,094 7,367,554 131,460 Property Owne"'s Share 0 0 19,406 19,406 Developer's Share 0 0 128,500 128,500 Donations 0 -782,000 -782,000 - 782,000 Interest 0 132,181 151,054 189,062 38,008 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 225,000 225,000 225,000 225,000 Parking Revenue 400,000 400,000 400,000 1 ,850,000 1,450,000 Harborvlew Center Revenue 60,000 75,000 40,000 40,000 Water Revenue 141,250 141,250 141,250 182,843 41,593 Reclaimed Water Revenue 2,000 2,000 2,000 2,000 Sew.r R.v.nue 329,750 329,750 329,750 371,343 41,593 Wat.r Impact Fees 220,000 220,000 220,000 220,000 Water R & R 1,719,000 1,719.000 1,719,000 1,719,000 S.werlmpact Fees 200,000 200,000 200,000 200,000 Sewer R&R 605,000 605,000 605,000 605,000 G.. Revenue 2,857,000 2,857,000 2,861,698 2,951,339 89,641 . Solid Waste Revenu. 500,000 500,000 500,000 500,000 R.cycllng Revenue 230,000 230,000 230,000 230,000 Stormwater Utility 2,611,000 2,596,626 2,600,586 2,642,179 41,593 Grants 403,900 288,797 288,797 5,425,408 5.136,611 Sal.. 0 0 0 10,641 10,641 D.v.lop..... Sh.... 0 0 0 28,710 28,710 55 Ordinance ## 7172'()3 . . . ". . . :.... ' . :, EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2002/03 2002/03 2002/03 2002/03 Amendments INTERNAL SERVICE FUNDS: Garage Fund 74,000 80,000 80,000 161,045 81,045 Admin Services Fund 225,000 225,000 225,000 1,317,175 1,092,175 General Services Fund 250,000 250,000 250,000 290,460 40,460 Central Insurance Fund 0 -25,626 -25,626 -25,626 Insurance Reimbursement 0 0 0 13,150 13,150 BORROWING - GENERAL SOURCES: Lease Purchase 711,200 722,734 737,584 664,093 (73,491 ) Internal Loan 900,000 900,000 900,000 900,000 SELF-SUPPORTING FUNDS: Lease Purchase - Parking 0 0 0 167,000 167,000 Lease Purchase - Sewer 188,000 188,000 82,626 71,286 (11,340) Lease Purchase - Water 158,000 148,223 148,223 123,223 (25,000) Lease Purchase - Stormwater Utility 200,000 184,653 184,653 190,630 (45,000) Lease Purchase - Solid Waste 0 102,961 102,961 105,871 Lease Purchase - Recycling 0 333,456 333,456 333,456 Bond Issue - Stormwater Utility 15,955,000 16,117,044 16,117,044 16,123,021 5,977 Bond Issue - Water & Sewer 20,667,000 20,684,213 17,088,994 17,091,904 2,910 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 3,111,500 3,111,500 3,111,500 3,111,500 Lease Purchase - Administrative Svcs 60,000 -41,665 -41,665 -41,665 Lease Purchase - General Services 0 -4,317 -4,317 -4,317 TOTAL ALL FUNDING SOURCES: 67,793,710 69,256,617 64,862,755 73,802,376 8,885,734 56 Ordinance II 7172-03 ITEM # 6 ~~l ...~ P~3 _3~S Agenda Cover Memorandum Page 1 of 1 City Commission Preferred Date:l1 0-02-2003 Item 10: 165 Submitted: 108-25-2003 Actual Date: I .:J Latest Possible Date: 110-02-2003 .:J - Subject / Recommendation: Pass O~dinance 7190-03 on first reading, amendii.g Chapte~ 2, Art~~le III, Division 3, ~ Code of Ordinances to revise Section 2.104, Po~e~s and Duties of t~e Beautification Committee for the Committee's review of selected City projects. ~ - Summary: At the December 16, 2002 Special Commission wo~% session on Adviso~y Boards, review of ~ City p~ojects was discussed with guidance to have the Beautification Committee involved in providing recommendations to the Commission and City :~anager Ci. projects in the City related to aesthetic enhancements. Over the past several months the Co~~ittee has ~et with staff frc~ Parks and Recreation, Planning and Engineering to determine the approp~iate way to add~ess including this as part of its duties. Consistent with both discussions, at the Committee's August 6, 2083 meeting, unanimous approval to the proposed change of this Ordinance was given. The proposed new changes provide for: The Committee's role to encourage beautification as aesthetic enhancement. Review of selected City projects and to advise the City Manager a.. other municipal officials and to make written recommendations to the Commission, iJ Originating Department: I Parks and Recreation Category: I Code Amendments - All .!J Section: IOther items on City Manager Reports !d i!J. ~.. Number of Hard Copies attached: Public Hearing: INO d ' . - Review Approval:(Signature indicates approval,} IKevin Dunbar 08-25-2003 14:24:59 ICyndio Goudeau ILaur<l Upowski OR-26-2qO} 12:27:5 l(3i1Ery.l3nj.m~ock 09-08-2003 11:48 09-05-2003 14 :20: ISill Horne 09-08-2003 11 :40:57 I. . ORDINANCE NO. 7190-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BEAUTIFICATION COMMITTEE; AMENDING CHAPTER 2, ARTICLE III, DIVISION 3, CODE OF ORDINANCES TO REVISE SECTION 2,104, POWERS AND DUTIES OF THE BEAUTIFICATION COMMITTEE PROVIDING AN EFFECTIVE DATE, WHEREAS, the proposed amendment is necessary to more effectively and efficiently carry out the duties and powers of the Committee; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORI DA: Section 1. Chapter 2, Article III, Division 3, Section 2.104, Code of Ordinances, is hereby amended as follows: Section 2,104. Powers and duties. The beautification committee shall encouraQe the is charged with the de'Jslopment of ::m overall beautification program for tho city, shall formulate and encourage development of beautification and aesthetic enhancement of the city, review selected city projects, advise the city manaqer and other municipal officials reQardinQ such proiects, and submit reports shall make of its recommendations to the city commission. (Code 1980, S 22.23) Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Assistant City Attorney Ordinance No. 7190-03 ~ Clearwater ~I~ ~~ Agenda Cover Memorandum c-GSi 34; City Commission Trackino Number: 157 Submitted: 08/20/2003 Preferred Date: 09/18/2003 Subiect / Recommendation: Adopt Resolution #03-28 and approve and accept an Interlocal Agreement/Franchise with the City of Belleair Beach in order to provide natural gas service to the citizens of Belleair Beach, Summary: On September 8, 2003 the City of Belleair Beach Commission approved the Interlocal Agreement with the City of Clearwater which provides a franchise for the Clearwater Gas System to provide natural gas service in Belleair Beach. The Clearwater Gas System has provided service within the City of Belleair Beach for at least the past 10 years under one prior 10 year franchise. The Interlocal Agreement provides the City of Clearwater an additional 15 year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the City of Belleair Beach. The Interlocal Agreement provides for a 6% franchise fee to be Raid by the consumers of natural gas within the City of Belleair Beach. . Originatino: Gas System Section: . Other items on City Manager Reports Category : Agreements/Contracts - without cost Public Hearina: No Financial Information: Review Aooroval CWARRING 08/25/2003 10:23:54 CGOUDEAU 09/08/2003 11:49:59 '0 ~l' .;... . :.\iI earwater -~ u~ Agenda Cover Memorandum BHORNE 09/08/2003 11 :46:39 08/25/2003 13:48:29 09/05/2003 14:27:45 LLIPOWSK GBRUMBAC I I. -.....__..____~_..._"'"_____________.._.. .............. , ....._-......4-.1. ----~-------..-...~ }If: 3fo RESOLUTION NO. 03-28 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE CITY OF BELLEAIR BEACH, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF BELLEAIR BEACH AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, renewal of a gas system franchise has been approved by the adopting of Ordinance No. 03,14 of the City of Belleair Beach on September 8. 2003, a copy of which is attached to this resolution and incorporated herein by reference; and WHEREAS, the terms and conditions of the gas system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the gas system franchise, privilege and concession granted by the City of Belleair Beach, Florida, by the adoption of Ordinance No. 03.14 of the City of Belleair Beach, are hereby accepted, and the City Commission of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the City Council of the City of Belleair Beach not inconsistent with the franchise. Section 2, This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the City Clerk shall deliver a certified copy to the City Clerk of the City of Belleair Beach. PASSED AND ADOPTED this day of ,2003. Brian J. Aungst Mayor-Commissioner Approved as to form: /' / I L!!------l Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 03- 28 09/16/03 TUE 09:34 F~~ 1 727 462 6636 CLEARWATER GAS SYSTE~ 141005 ORDINANCE 03-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLEAlR BEACH, FLORIDA GRANTING TO THE CITY OF CLEARWATER, FLORIDA A FRANCmSE FOR THE PURPOSE OF FURNISIDNG NATURAL GAS SERVICES WITHIN TIlE CORPORATE LIMITS OF THE CITY OF BELLEAIR BEACH; PROVIDING FOR DEFINITIONS, PROVIDING FOR NON-EXCLUSIVE FRANCmSE; PROVIDING FOR TERM OF THE FRANCmSE; PROVIDING FOR SUFFICIENT GAS SUPPLIES; PROVIDING FOR CONSIDERATION; PROVIDING. FOR INSTALLATION OF GAS LINE SYSTEMS; PROVIDING FOR SOLICITATION; PROVIDING FOR INDEMNmCATION; PROVIDING FOR PRICING GAS SERVICE; PROVIDING FOR COMPLIANCE WITH GRANTOR'S ORDINANCES; PROVDING FOR FRANCmSE FEE; PROVIDING FOR RECORDS MAINTENANCE; PROVIDING FOR FAVORED NATIONS PROVISION; PROVIDING FOR NON-COMPETE BY GRANTOR; PROVIDING FOR ASSIGNMENT OF INTEREST; PRO~ING FOR RESOLUTION BY GRANTEE; PROVIDING FOR SEVERABILITY AND PROVIDING F'OR AN El'FECI1VE DATE. THE CITY. OF BELLEAlR BEACH, FLORIDA, HEREBY ORDAINS as foHows: SectioD 1. DefiDitioDJ. 1. Whenever in this ordinance the words or phrases hereafter in ibis section defined are used; . they shall have the respective meaningS assigned to them in the following definitions, unless . in the given instance, the context wherein they are used shall clearly import a different meaning: . (a) "Grantee'" shall mean the City of Clearwater; a Florida muDicipal corporation, in its present incorporated fOnD, or as it may subsequently be reorganized; expanded by 8IlDCX8tion, cODSOli~ or reincorporated. (b) "Grantor" shall mean the City of Belleair Beach, a Florida municipal corporation, in its present incorporated form, or as it may subsequently be reorganized, expanded by anuexatiOD, coasolidated or reincorporated. . . (c) The word "Street" shaU mean the public street, lanes, alleys, courts, bridges (excluding the area above the deck of said bridges), or other public places in the Grantor's corporate limits as they now exist, or as they may be established at any time during the term of this ftaDcbise in the City of Belleair Beach, together with rigbts-of- way or easements for street or utility purposes; the rights in said streets being subject to the ordiDaDccs presently controlling right-of-way and easements within the City as . such ordinances now exist or may be amended in the future. . 09/16/03 TUE 09:34 FAX 1 7'27 -16'2 6636 CLEARWATER GAS SYSTE~ @006 (d) 'Ibe word "Gas" shall mean natural gas and/or commingled gas and/or manufactured gaSt which is distributed in pipes. It shall not mean bottle gas or any other liJel. (e) The word "facilities or equipment" shall mean pipe, pipe-line, tube, main, service, trap, vent, vaultt manhole, meter, gauge, regulator, valve conduit, appliance attaclunent, appurtenances, and any other personal property located or to be locatcd int upon, along, across, under or over the Grantor's streets used or useful in the distribution of gas. Scction 2. Non-Exclusive Grant of Franchise, providing maps, meeting with Council 2. That the Grantee is hereby granted a non-exclusive franchise, privilege, and concession to furnish gas within Grantor's municipallirnits, together with the right to use Grantors' streets, avcnues, alleys, squares, bridges, viaducts, utility easements, public rights-or-ways and other easements for the purpose of laying and maintaining pipes and/or such other apparatus necessary to supply gas or provide back-up gas supply or services, to Grantor's inhabitants, and to do all things reasonably necessary to supply gas to its customers, not otherwise in conflict with any of the tenns and conditions of this franchise or ordinances or Grantor. Grantee shall locate all facilities and equipment so that such will not interfere with Grantor's use of its streets and its utilitics, and shall not cause a hazard to the public health, safety, welfare, and aesthetics of Grantor, or inconvenience any of the property owners contiguous thereto. The Grantee shall obtain written approval in the fonn of a utility permit from the Grantor as to any proposed route, design or location of proposed facilities prior to installation, Grantee may do things necessary for the purpose of supplying gas within the said City and to its inhabitants, provided that the same shall not be in conflict with any of the terms and conditions of this franchise or reasonable ordinances, policies or directions of Grantor, and provided that the remains installed and used for the pwpose of supplying said gas shall be laid in the manner provided in this franchise and in accordance with the utility construction permits issued by Grantor. At the execution of the within franchise, the Grantee shall furnish to the Grantor a current and accurate map showing in detail the location of eacb gas facility owned by Grantee, and thereafter shall keep such map in current condition with information provided not less often than annually to show changes and shall update such map not less frequently than annually to show changes and shall supply such current map on or before the yearly anniversary of this franchise. Grantee shall have the opportunity to be heard by Bellcair Beach's City COWlcil at a duly convened meeting of the Council prior to any action being taken by Grantor that will inhibit or adversely affect the Grantee's rights, obligations or perfonnance hereunder. Section 3. Term of Franchise 3. The franchise, rights and privileges hereby granted shall continue and be in force for the period ortificen (15) years retroactive to August 12, 2003. If Grantce desires to renew this franchise for an addition fifteen (15) year peri~ Grantee shall provide to Grantor with a written notice at least 180 days, but no more than 365 days, prior to the termination of the initial tenn of this franchise. If Grantor agrees with the franchise renewal for an additional fifteen (15) year period, Grantor shalJ provide Grantee with a written notice within ninety (90) 2 09/16/03 TUE 09:35 FAX 1 727 462 66:16 CLEAR\\'ATER GAS SYSTE,'I ~007 days of the receipt of the Grantee's nouce. Failure on the part of the Grantor to provide Grantee with a notice for renewal shall constitute a denial of the Grantee's request and this franchise shall then expire at the end of the initial term, subject however to a cure period as set forth in Section 8 of this franchise. Section 4. Maintaining Gas Supply and Solicitation of Services. 4. This franchise is granted upon condition that the Grantee agrees to maintain a supply of sufficient quantities of gas to meet the needs and requirements of its customers in the City. The quality of gas shall at a rninimwn meet the standards set for it by the Public Service Commission. In the event by act of God, strike, riot, public enemy or other calamity, or restriction in the supply of gas beyond the control of Grantee or its interstate supplier or by reason of the regulation exerted by Florida Public Service Commission of the Federal Energy Regulatory Commission or other regulatory body having jurisdiction in the premises, the supply of gas should be interrupted, the Grantee shall, nevertheless, continue to supply the available gas to such customers as it is possible, and shall employ its full services to remedy such deficiency of gas supply, and shall resume complete gas service when that is possible. In consideration of the rights granted under this franchise and the duration ofWs franchise, the Grantee agrees that its facilities within the City of Belleair Beach will be expanded to provide service to new customers on the tenns and conditions hereinafter set forth. The Grantee's failure to expand its facilities and services to its customers within the City of Belleair Beach shall be deemed to be a material breach of this Agreement. Such expansion shall occur 00 the following tenns and conditions, to wit: (a). Gas service shall be extended to customers desiring said service based on a feasibility formula. Such fonnula shall be the fonnula currently in effect system-wide as then administered by the Grantee, and as applicable to the citizens of Clearwater and other franchise areas. (b) The Grantee shall implement aDd shall continue all aspects of its marketing and sales programs to promote the use of natural gas and expand the customer base within the BeUeair Beach service area. Such marketing and sales plan shall include at least the following elements: (1) Periodic direct mail and door-to-door informational solicitation, (2) The offering offtee water heaters or other incentives along existing gas lines to increase new hook-ups, (3) Solicitation of potential customers through the use of direct mail, door hangers and other information reflecting energy saving opportunities, (4) The utilization of messages and inserts in utility bills, increased advertising in local newspapers and on cable television outlets. The expansion of the use of natural gas within the BeIleair Beach service area in accordance with the above standards shall be deemed to be a material element of this franchise. 3 09/16/03 1YE 09:35 fAX 1 727 462 6636 CLEARWATER GAS SYSTE~I @ooa Section 5. IDstaUatioD of Equipment. 5. The Grantee shaH install the necessary facilities or equipment at its own cost and expense and the same shall be and remain the property of the Grantee, All mains and pipelines shall be laid underground. Grantee shall restore, replace or relay, as promptly as possible, nil streets, lanes, alleys, sidewalks, rights-of way, easements and other public places to their fonner and safe condition and with the same quantity and quality of material, or its equivalent, as was existing prior to the conunencernent of such work. In all cases, the repair work shall be made passable to traffic during conduct of such work as soon as is physically possible. Any traffic disruption shall be coordinated with the police department of Grantor. Grantee shall obtain n pennit from Grantor, without charge, prior to the construction or installation of any facilities or equipment, and supply Grantor with updated as-built atlas sheets, and drawing of all such facilities or equipment. Grantor shall issue such permit within forty-eight (48) hours or such longer time as is reasonable under the circwnstances from application therefore by Grantee. Should Grantee neglect or refuse to restore or repair without delay after completion of installation and after ten (10) calendar days written notice to Grantee, any streets, alleys, lanes, sq~ sidewalks, rights-of-way, easements or other public places which may have been excavated, dug or disturbed by it, then the Grantor may have such repairs and restoration done, and the expenses incident thereto shall be paid by the Grantee. Grantce shall secure and otherwise make safe the secured area so excavated, dug or disturbed by it and sball hold Grantor harmless from any loss or damages arising from injUI)' to persons or property in such area. Whenever, by reason of establishing a grade or by reason of changes in the grade of any street, or by reason of widening, grading, paving or otherwise improving present or future streets or highways or in the location or manner of construction of any water pipes, electric conduits, sewers, or other un~ergrOlmd structure, it shall be deemed necessary by the Grantor, to alter, change, adapt, or conform the mains, pipelines, service pipe, or other apparatus or appurtenances of the Grantee hereto, such alterations, or changes, shall be made by the Grantee as ordered in writing by the Grantor, without claim for reimbursement or compensation for damages against the Grantor. lfthe Grantor shall require the Grantee to adapt or conform its pipelines, pipes, structures, or apparatus, appurtenances or other appliances, or in any way to alter, relocate or change it's property to enable any other person or corporation except the Grantor and any other agency exercising powers and duties of the GTantor, Pinellas County or the State of Florida to use said street or highway, the Gmntee shaH be reimbursed by the person or corporation desiring or occasioning such change, alteration or relocation of Grantee' s property. . The Grantee further agrees that it shall not interfere with, change, or injure any water pipes, drains or sewers of the Grantor unless it has received specific pennission from the Grantor. Section 6. Indemnification 6. Nothing herein contained shall be so construed as to render the Grantor anywise liable for any act or omission or commission of said Grantee, its officers, agents or employees, in the execution or conduct of the work herein authorized. Grantee shall at all times indemnify and save Grantor hannless against all damages, judgments, decrees and cost which may arise or accrue to Grantor from injury to persons or ~pcrty caused by negligence in the execution or conduct of work herein under authorized or by; the failure of Grantee, its officers, agents, or employees, to comply with any reasonable ordinance, rule or regulation relative to streets and ~ ~ '4 , ( 09/16/03 'ruE 09:36 F~~ 1 727 462 6636 CLEARWATER GAS SYSTE.'f /lI009 sidewalks or other public places now in force or hereinafter enacted. In no event shall Grantor, its employees or agents, be construe~ as the:agent of the Grantee or its employees or agents. SeetioB 7. Quality of Gas Service. 7. The gas to be furnished by Grantee, its suc~rs and assigns shall in no case be of less quality than 1000 British Thermal Units per c~bic foot, and shall be conducted through the pipes at a presswe sufficient to insure satisfactory operation. The Grantee shall have the privilege and option of charging reasonable prices therefore, provided, however, that in no case shall the charge therefore exceed the applicable rates for the same selVices than being charged Grantee's customer in the City ofClearwatf:r, Florida. The Grantee shall have the further right and privilege of collecting reasonable service charges and/or connection fees, provided, however, such charges and fees are ~o greater than for similar services, charges and fees in the City ofCJearwater, Florida, except that they shall additionally include the franchise fees as shown in Section 10 of this agreement.; , 8. Section 8. Expiration aDd ReBcwal. Upon expiration of this franchise, said ftancmk shal~ automatically be renewed on a month- to-month basis, up to one (1) year and Granted shall Pay the same franchise fees as were in existence for the last period of the franchise urltiJ such time as the Grantor refuses renewal 'in wwriting. ,Upon notification of non-renewal, ~e Grahtee shall, after thirty (30) days, have the ' right, privilege and option of removing all ftarichisc piping and equipment. In the event of the removal of such equipment, the Grantee shall fepair tbl of the Grantor's property to the same condition as theretofore existed. : ! . 9. ! ! SectioD 9. 'Co.pIi..a with OrdiDaD~es of Grantor' . i ; , . I: r . The Grantee, its successors or assigns, shalJatlall tittles comply.with all reasonable ordii1anccs, rules and regulations enacted or ~ bf Grantor, and the Provisions of this franchise shall be modified accordingly.' The 6rantee shall have the right to make, establish and maintain and enforce such reasonable re~atiomJ fOl" the operation of its distributing system as may be reasonably necessary and PrWer, i1~t inconsiStent with the terms afthis franchise and the ordinances of the Grantor, aqd to n' ; teet itself from fraud or imposition and may, in its discretion, refuse to furnish gas 80<\ to c~t ff the. supply from ~y customer or , customers who are in default of any bill rendered for uch service or to discontinue service for other reasonable grounds, aCcording to the smrie prdcMUre' as Grantee provides for its own consumers in the City of Clearwater. Grailtec agreeS that all documents relating to this franchise shall be and remain public records. tmmtd ~ to furnish Grantor a list of all franchise customers upon demand. !' I - Seetio~ 10. FraDellile Fees and MainteDan+ of Jl~rds. , ' In consideration far the granting of this franC~~ ~l~ use of the rights-oC-way, easements and other public places allowed hereunder, ~ effec~ve the rust day of the month after approvaJ by Belleair Beach of this Agreement,tBel1#.Beach shaD be entitled to reccivc from Clearwater a franchise fee which win equal si~pere;m. 'tt (6-,,> afthc gross receipts from the . . f II. " , J' , 5 ; I' r. !. t . ' I I j: I.:, 10. 09/16/03 1~E 09:37 FAX 1 i27 462 6636 CLEARWATER GAS SYSTE~ (?JOI0 12. 13. 14. sale of gas within the corporate limits of Grantor for the term of this franchise. Such payment shall be made on a quarterly basis. . Grantee shall be required to keep proper books of account showing monthly gross receipts from the sale of gas within the corporate limits of Qrantor, and shall make a statement in writing showing such receipts for each such quarterJy period of this franchise, and based upon such statement shall make payment to Grantor for ~e amoUnt due. In the event that Grantor shall annex a customer of Grantee during this franchise, Grantor shall notifY Grantee of such I annexation. Grantee shall immediately include the gross receipts of such customers in the franchise fee payments. i . SedioD 11. Favored Nations Provision 11. . I In the event Clearwater shall hereafter accept a ~se from any other governmental entity with any provision more favorable to the govemmeiltal entity than contained in this franchise where all other conditions of the two franchises are :~bstantially similar, then Clearwater shaH notify Bclleair Beach and Clearwater shall be pbligated upon written request of Bcllcair Beach to agree to an amendment to this Ordinance tP; iilcorpomte said provision. To the extent that any federal or state statute, regulation, or ~ther law is enacted, adopted, repealed, amended, modified, changed or interpreted in any w.a': during the tenn of this Agreement so as to enhance BeJleair Beach's' ability to regulate ql~~er and the Gas system, or allow BcUeair Beach to increase the franchise fee, Belieail' ~J'eacb and Clearwater shall negotiate in good faith, modifications to this franchise to reflect :SU~h eDactmen~ adoption, repeal, amendment, modification, change or interpretation.i :! I . i ! '.: i ; : Section 12. Non-Compete Provision ! ..: I I As further consideration of this franchise, Grantor aiJ.~es not the engage in the business of distributing and selling gas during the life of this fi1Inbhise or any extension thereof in competition with the GraDtec, its successors and as~~s. . . 1:.1. . . f'li; Section 13. Assipmeat ofIaterest byGranteej 1;1. '. .1. Iii In the event that the Grantee should assign, sell or ~fer its gas services t~ any other entity, public or private, during the term of this franchise 0* ~y renewal thereof, then in such event, the Grantor shall have the exclusive right to accept 1Jt~!assiPment of interest or to tenninate the franchise granted herein upon giving the Grant~' tllnely written notice to the Grantee of the intentto terminate. .I j i; . . -id!. :1 'Ii. . . l.. ::; I' :, ~ "I" - The franchise granted herein shall not become effcCti~~ in whole or in part until the Grantee shall, by resolution duly passed and adopted by its Cd~Ssion, accept the franchise, privileges and concession herein granted and in sai~:~lution, agree to comply with the terms and conditions of the said franchise and said ~p'IUtiOD to contain an agreement to comply with all reasonable ordinances passed by thct; ~~ty Gouncil of the City of Belle air Beach not in conflict with the tenns of said franchi~, ~ .certified copy thereof to be delivered to the City Clerk of the City of Belleair Beach. U~. ~ ~pt of a certified copy of the . !' II i ill . !' 'I . ~i. L . 6 !I' I, ,. I iii :: :i; II it..ti i\ . I Seelio.14. ResolutiOD by Graatee 09/16/03 1UE 09:37 ~\X 1 727 462 6636 CLEARWATER GAS SYSTE~ resolution aforesaid, this ordinance and the franchise therein provided sholl become effective for all purposes therein provided for as of August 12,2003. Sedion 15. Severability_ 15. It is declared to be the intent of the City of Belleair Beach, Florida, that if any section, subsectio~ clause or provision of this ordinance is held invalid, or unconstitutional by any court of competent jurisdiction, the remainder of the ordinance shall be construed as not having contained said section, subsectio~ sentence, clause or provision and shall not be affected by such bolding. : Section 16. Effedive Date. 16. This ordinance shall take effect and be in force ten (10) days from and after approval of the same by the City Council of the City of Belleair Beach. The above and foregoing Ordinance was read by title t?nly and passed by a majority vote upon its ftrst reading at a regular ~ting Of~ City Counc~1 of the City of Belleair Beach, Florid~ held on the 11llJ.... day of ~ tll.:1 2003 :~., ~ . ~, --..~- B~rt Cutler, Presiding Officer ATTEST : , , The above and foregoing Ordinance was.read by title ~d was passed by a majority vote upon its second and final reading aUhe regular m?ftinft o,fthe City Council of the City of BelJeair Beach, Florida., held on the ~ J.i.. tlay of .N.1.f1C{-h.~U--t,.::2003. , , 03.14n-lo.o3/rRllVlsed 7-11.03IRc:vbed 1.19-03IPJM wc29/:;-' B~rt Cutler, Presiding Officer i I .. ,i -.t i .i .'7 ; @011 PN3 ~~7 ~ Clearwater ~ ~.~: ~~V--..;;..; .- _.~_._.,-- -"..~- .~..._-.~} Agenda Cover Memorandum City Commission Trackina Number: 170 Submitted: 08/25/2003 Preferred Date: 10/02/2003 Latest Possible Date: 10/02/2003 Subiect / Recommendation: Adopt Resolution 03-35 authorizing the refunding of the outstanding Water and Sewer Bonds, Series 1993. SummarY: The Water and Sewer Refunding Revenue Bonds, Series 1993 (interest rate 5% to 5.65) is eligible for refinancing. On December 1, 2003 the redemption price of 102% decreases to 101 % of the par amount of Bonds outstanding. The Water & Sewer Refunding Revenue Bonds, Series 1993 are structured so that $5.6 million in principal is paid off on December 1, 2004. The majority of the savings from this refinancing comes from refinancing that portion of the bond. The bonds will not be refunded if adequate savings as well as other requirements are not going to be realized. The complete resolution is available in the Office of Official Records and Legislative Services Department. Origlnatina: Finance Section: Other items on City Manager Reports CategorY : Agreements/Contracts - without cost Financial Information: Review A~proval MSIMMONS CGOUDEAU 09/08/2003 13:02:29 11: 55:06 08/26/2003 ~~! ...~ --- BHORNE PAKIN GBRUMBAC -............. -'-- ....----- Agenda Cover Memorandum 09/08/2003 11:24:29 08/26/2003 15:09: 18 09/05/2003 14:25:04 (Additional) Information was provided with this. item #37 (PLD3) See Official Records Reports/Studies 9/18/03 - . MTG . ~ Clearwater ,-,,~~~~ . ::;;.~~,-~ : Agenda Cover Memorandum FN~ 3~. City Commission Tracking Number: 171 Submitted: 08/25/2003 Preferred Date: 10/02/2003 Latest Possi ble Date: 10/02/2003 Subject / Recommendation: Pass on first reading Ordinance 7191-03 providing for the refunding of the Gas Revenue Bonds, Series 1996 A, Summary: The Gas Revenue Bonds, Series 1996A (interest rates from 4.25% to 5.8%) are eligible for refunding. In the near future, market conditions may become favorable to refinance this issue. Currently the City would realize a net present value savings of approximately $107,000 on this refunding. This is equal to 1.3 % of the bonds that would be refunded. Net present value savings is the gross debt service savings after costs of issuance have been deducted and a discounting process has been used to express the savings in today's dollars. With the tremendous volatility in the bond market, it is possible that in the future, interest rates may fall to where the City will have substantial savings by refunding this bond Issue. The City generally tries to refinance bonds when the present value savings approaches 5%. Staff believes that if interest rates drop, the City will have a very short window of opportunity to refinance these bonds and capitalize on the savings. By adopting Ordinance 7191-03 the City will be in an excellent position maximize the potential refinancing savings should they appear. A sale resolution will be brought forward for Commission adoption at the same time as the second reading of this ordinance detailing the specifics of the sale. The complete resolution is available in the Office of Official Records and Legislative Services Department. Originating: Finance Section: Other items on City Manager Reports ~~l u_~l Agenda Cover Memorandum Cateoory: Agreements/Contracts - without cost Financial Information: Review Aporoval MSIMMONS 08/25/2003 16:40:23 CGOUDEAU 09/08/2003 11:54:13 BHORNE 09/08/2003 11:32:35 PAKIN 08/26/2003 08:40: 16 GBRUMBAC 09/05/2003 14:24:23 , ------.-"""-----.......----....-.. jlr' r~; t '. 3'8 ORDINANCE NO. 7191-03 AN ORDINANCE PROVIDING FOR THE ADVANCE REFUNDING OF THE OU1ST ANDING GAS SYSTEM REVENUE BONDS, SERIES 1996A, OF THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $10,000,000 GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2003, AS ADDITIONAL PARITY OBLIGATIONS OF THE CITY PURSUANT TO THE CITY'S ORIGINAL ORDINANCE, TO BE APPLIED TO ADVANCE REFUND SUCH OUTSTANDING OBLIGATIONS; PLEDGING THE NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MA TIERS IN CONNECfION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. AUTHORITY FOR THIS ORDINANCE: ORDINANCE TO BE SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act") and the Original Ordinance, hereinafter defined. This Ordinance is supplemental to the Original Ordinance and all provisions of the Original Ordinance not supplemented, modified, superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b) apply to the Refunding Bonds, hereinafter defined, to the same extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter defined, and (c) are incorporated herein by reference as if fully set forth. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this Ordinance shall have the meanings specified in this section, and any capitalized terms not defined herein shall have the meanings specified in Section 2 of the Original Ordinance. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Ordinance No. 7191-03 1 "Additional Parity Obligations" shall mean additional obligations issued in compliance with the terms, conditions and limitations contained in the Original Ordinance and in this Ordinance and which (i) shall have a lien on the Pledged Revenues equal to that of the Parity Bonds and the Refunding Bonds, (ii) shall be payable from the Net Revenues on a parity with the Parity Bonds and the Refunding Bonds, and (iii) rank equally in all respects with the Parity Bonds and the Refunding Bonds, "Bond Registrar" or "Registrar" shall mean the officer of the Issuer or the bank or trust company which the Issuer may from time to time designate to perform the duties herein set forth for the Registrar of the Refunding Bonds, "Bonds" shall mean (i) the Bonds authorized under the Original Ordinance, including but not limited to the Parity Bonds and the Refunding Bonds and (ii) any Additional Parity Obligations issued hereafter in accordance with the provisions of the Original Ordinance and this Ordinance. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations C1nd rules thereunder in effect or proposed, "Cost of Operation and Maintenance" of the System shall mean all current expenses, paid or accrued, for the operation, maintenance and repair of all facilities of the System, as calculated in accordance with sound accounting practice, and shall include, without limiting the generality of the foregoing, insurance premiums, administrative expenses of the Issuer related solely to the System, labor, cost of materials and supplies used for current operation, and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice, but excluding any reserve for renewals or replacements, for extraordinary repairs or any allowance for depreciation. "Credit Facility" or "Credit Facilities" shall mean either individually or collectively, as appropriate, any bond insu rance policy, surety bond, letter of credit, line of credit, guaranty or other instrument or instruments that would enhance the credit of the Bonds, The term Credit Facility shall not include any bond insurance, surety bondor other credit enhancement deposited into or allocated to a subaccount in the Reserve Account in the Sinking Fund. "Credit Facility Issuer" shall mean the provider of a Credit Facility. "Escrow Deposit Agreement" shall mean that certain Escrow Deposit Agreement by and between the Issuer and a bank or trust company to be approved by subsequent resolution of the Issuer, for the purpose of providing for the payment of the Refunded Bonds, which agreement shall be in substantially the form attached hereto as Exhibit "B" and is hereby incorporated by reference. Ordinance Nu. 7191-03 2 "Gross Revenues" or "Revenues" shall mean all moneys received from rates, fees, rentals or other charges or income derived from the investment of funds, unless otherwise provided herein, by the Issuer or accruing to it in the operation of the System, all calculated in accordance with sound accounting prnctice, "Holder of Bonds" or "Bondholders" or any similar term shaIl mean any person who shaIl be the registered owner ("Registered Owner") of any registered Bond, as shown on the books and records of the Bond Registrar. The Issuer may deem and treat the person in whose name any Bond is registered as the absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and interest due thereon, and for all other purposes. "Issuer" shall mean the City of Clearwater, Florida. "Net Revenues" shall mean Gross Revenues less Cost of Operation and Maintenance. "Ordinance" shall mean this ordinance of the Issuer as hereafter amended and supplemented from time to time in accordance with the provisions hereof. "Original Ordinance" shall mean City of Clearwater Ordinance No. 5118-91 as thereafter amended and supplemented from time to time in accordance with the provisions thereof. "Parity Bonds" shall mean outstanding Gas System Revenue Bonds, Series 1997 A, dated October I, 1997, the outstanding Gas System Revenue Bonds, Series 19978, dated October I, 1997, the outstanding Gas System Revenue Refunding Bonds, Series 1998, dated January 15, 1998, and any bonds issued under the authority of the Original Ordinance or the City of Clearwater Ordinance No. 5665-94. "Refunded Bonds" shall mean all or any portion of the City of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A, dated July 1, 1996, for which the future payments of principal, premium, if any, and interest has been provided for in an irrevocable escrow in accordance with the Escrow Deposit Agreement with proceeds of the Refunding Bonds, which are so designated by the Issuer prior to the issuance of any series of Refunding Bonds. "Refunding Bonds" shall mean the obligations of the Issuer authorized to be issued pursuant to Section 5 of this Ordinance, which Refunding Bonds are to be issued in one or more series, with each series to be separately designated in accordance with subsequent resolutions to be adopted by the Issuer prior to the issuance of any series of Refunding Bonds. "Reserve Requirement" for each series of Bonds shall be as determined by subsequent resolution of the Issuer. The Reserve Requirement for the Refunding Bonds shall be the lesser of (i) the Maximum Bond Service Requirement of the Refunding Bonds, (ii) 125% of the average annual Ordinance No. 7191-03 3 Bond Service Reguirement of the Refunding Bonds, or (iii) 10% of the net proceeds of the Refunding Bonds. "System" shall mean the complete gas system now owned, operated and maintained by the Issuer, together with any and all assets, improvements, extensions and additions thereto hereafter constructed or acquired. SECTION 3, FINDINGS. It is hereby found, determined and declared that: (A) The Issuer has heretofore enacted the Original Ordinance authorizing the issuance of certain obligations to be secured by and payable from the Net Revenues, and providing for the issuance of Additional Parity Obligations, upon the conditions set fmth therein, to be payable on a parity from such Net Revenues. (B) The Issuer has previously issued the Refunded Bonds and deems it necessary and in its best interest to provide for the refunding of the Refunded Bonds, The refunding program herein described will be advantageous to the Issuer by providing a net present value reduction in the amount of debt service secured by the System, resulting in a lessening of pressures to increase System rates, (C) From the proceeds of the Refunding Bonds and other funds available therefor, there shall be deposited pursuant to the Escrow Deposit Agreement a sum which, together with the principal and income from the Federal Securities to be purchased pursuant to such agreement, will be sufficient to make timely payments of all presently outstanding principal, redemption premium, if any, and interest in respect to the Refunded Bonds, as the same come due arid/or redeemable. Such funds and principal and income from investments shall also be sufficient to pay when due all expenses, if any, described in the Escrow Deposit Agreement. (D) The costs associated with such refunding program shaH be deemed to include legal expenses, fiscal expenses, rating agency fees, expenses for estimates of costs and of revenues, accounting expenses, municipal bond insurance premiums, costs of printing, fees of financial advisors, fees for escrow structuring and verification, accrued and capitalized interest, provisions for reserves, and such other expenses as may be necessary or incidental for the financing herein authorized. (E) The Revenues are not pledged or encumbered in any manner except for the prior payment from the Net Revenues of the principal of and interest on the Refunded Bonds, which pledge and encumbrance shall be defeased pursuant to the refunding herein authorized, and the Parity Bonds, (F) The principal of and interest on the Refunding Bonds and all required Sinking Fund, Reserve and other payments shall be payable solely from the Net Revenues derived from the Ordinance No, 7191-03 4 operation of the System, as provided herein and in the Original Ordinance, The Refunding Bonds shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State, or any political subdivision thereof, within the meaning of any constitutional, statu tory or charter provisions. Neither the State of Florida, nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Refunding Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein and in the Original Ordinance. The Refunding Bonds shall not constitute a lien upon the System, or any part thereof, or on any other property of the Issuer, but shall constitute a first and prior lien only on the Net Revenues in the manner provided herein and in the Original Ordinance. (G) The estimated Net Revenues to be derived from the operation of the System will be sufficient to pay all principal of and interest on the Parity Bonds and the Refunding Bonds, as the same become due, and to make all required Sinking Fund, Reserve and other payments required by this Ordinance and the Original Ordinance. (H) The Original Ordinance, in Section 16(T) thereof, provides for the issuance of Additional Parity Obligations under the terms, limitations and conditions provided therein. (1) The Issuer has complied with the terms, conditions and restrictions contained in the Original Ordinance, The Issuer is, therefore, legally entitled to issue the Refunding Bonds as Additional Parity Obligations within the authorization contained in the Original Ordinance. U) The Refunding Bonds herein authorized shall be on a parity and rank equally, as to lien on and source and security for payment from the Net Revenues and in all other respects, with the Parity Bonds. SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Refunding Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this Ordinance and the Original Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. AUTHORIZA nON OF REFUNDING BONDS AND REFUNDING OF THE REFUNDED BONDS. Subject and pursuant to the provisions hereof, obligations of the Issuer to be known as "Gas System Revenue Refunding Bonds, Series 2003" herein defined as the "Refunding Bonds" are authorized to be issued in the aggregate principal amount of not exceeding $10,000,000 Ordinance No. 7191-03 5 to (i) finance the refunding of the Refunded Bonds, (ii) make a deposit to the Reserve Account in the Sinking Fund to satisfy the Reserve Requirement (or to purchase a debt service reserve fund policy or surety, as determined by resolution of the Issuer adopted prior to the issuance of any series of Refunding Bonds) and (iii) pay the costs of issuance of the Refunding Bonds. The refunding of the Refunded Bonds is hereby authorized in the manner provided herein, SECTION 6. DESCRIPTION OF REFUNDING BONDS. The Refunding Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds and/or Current Interest Bonds; shall be dated; shall be numbered; shall be in the denomination of $5,000 each or integral multiples thereof for the Current Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or in such other denominations as shall be approved by the Issuer in a subsequent resolution prior to the delivery of the Refunding Bonds; shall bear interest at a fixed or floating rate not exceeding the maximum rate allowed by law, such interest to be payable semiannually on such dates and in such years and amounts; and shall mature on such dates and in such years, and in such amounts all as shall be fixed by resolution or ordinance of the Issuer adopted prior to the delivery of the Refunding Bonds. The Refunding Bonds are to be issued in one or more series, from time to time, either as construction or completion bonds, and if issued in more than one series, each series is to be separately designated as determined by resolution of the Issuer adopted prior to the issuance of any such series of Refunding Bonds. The Refunding Bonds shall be payable with respect to principal (and Compounded Amount in the case of Capital Appreciation Bonds) upon presentation and surrender thereof on the date fixed for maturity or redemption thereof at the office of the Bond Registrar; shall be payable in any coin or currency of the United States which at the time of payment is legal tender for the payment of public or private debts; and shall bear interest from such date, but not earlier than the date of the Refunding Bonds, as is fixed by subsequent resolution or ordinance of the Issuer, payable in accordance with and pursuant to the terms of the Refunding Bonds. Interest on the Refunding Bonds which are Current Interest Bonds shall be paid by check or draft mailed to the Registered Owners, at their addresses as they appear on the books and records of the Bond Registrar, at the close of business on. the 15th day of the month (whether or not a business day) next preceding the interest payment date for the Refunding Bonds (the "Record Date"), irrespective oCany transfer of the Refunding Bonds subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in the payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the Registered Owners at the close of business on a special record date for the payment of defaulted interest as established by notice mailed to the persons in whose names such Refunding Bonds are registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the Refunding Bonds may, at the option of any owner of Refunding Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner Ordinance No, 7191-03 6 to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date, If the date for payment of the principal of, premium, if un)', or interest on the Refunding Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next sllcceeding day which is not a Saturday, Sunday or legal holiday or a dClY on which such ba: lking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Refunding Bonds may be issued or exchanged for Refunding Bonds in coupon form, payable to bearer, in such form and with such attributes as the Issuer may provide by supplemental resolutions, upon receipt of an opinion from a nationally recognized bond counsel that such issuance or exchange will not cause interest on the Refunding Bonds to be includable in gross income of the Holder for federal income tax purposes. SECTION 7. EXECUTION OF BONDS. The Refunding Bonds shall be executed in the name of the Issuer by its City Manager, countersigned by its Mayor-Commissioner and attested to by its City Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Refunding Bonds shall be approved as to form and legal sufficiency by the City Attorney of the Issuer. The facsimile signatures of such officers may be imprinted or reproduced on the Refunding Bonds. The Certificate of Authentication of the Bond Registrar, hereinafter described, shall appear on the Refunding Bonds, and no Refunding Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless such certificate shall have been duly executed on such Refunding Bond. The authorized signature for the Bond Registrar shall at all times be a manual signature. In case any officer whose signature shall appear on any Refunding Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Any Refunding Bonds may be signed and sealed on behalfof the Issuer by such person who at the actual time of the execution of such Bonds shall hold the proper office with the Issuer, although at the date of enactment of this Ordinance such person may not have held such office or may not have been so authorized. SECTION 8. NEGOTIABILITY AND REGISTRATION. (A) NEGOTIABILITY. The Refunding Bonds shall be and shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida, and each successive Holder, in accepting any of the Refunding Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida. Ordinallcl! No, 7191-03 7 (B) REGISTRATION AND TRANSFER. There shall be a Bond Registrar for the Refunding Bonds which shall be a bank or trust company located within or without the State of Florida. The Bond Registrar shall maintain the registration books of the Issuer and be responsible for the transfer and exchange of the Refunding Bonds, The Issuer shall, prior to the proposed date of delivery of the Refunding Bonds, by resolution designate the bank to serve as ,1 Bond Registrar and Paying Agent. The Bond Registrar shall maintain the books for the registration of the transfer and exchange of the Bonds in compliance with an agreement to be executed between the Issuer and such bank as Bond Registrar on or prior to the date of delivery of the Refunding Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of the parties thereto. The Refunding Bonds may be transferred upon the registration books, upon delivery to the Registrar, together with written instructions as to the details for the transfer of such Refunding Bonds, along with the social security or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any Refunding Bond shall be effective until entered on the registration books maintained by the Registrar. In all cases of the transfer of the Refunding Bonds, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Refunding Bond or Refunding Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the Registered Owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. Any Refunding Bond or Bonds shall be exchangeable for a Refunding Bond or Bonds of the same maturity and interest rate, in any authorized denomination, but in a principal amount equal to the unpaid principal amount of the Refunding Bond or Bonds presented for exchange. Bonds to be exchanged shall be surrendered at the principal office of the Registrar, and the Registrar shall deliver in exchange therefor the Refunding Bond or Bonds which the Bondholder making the exchange shall be entitled to receive. The Issuer or the Registrar may charge the Registered Owner of such Refunding Bond for every such transfer or exchange an amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Refunding Bond shall be delivered. All Refunding Bonds delivered upon transfer or exchange shall bear interest from such date that neither gain nor loss in interest shall result from the transfer or exchange. All Refunding Bonds presented for transfer, exchange, redemption or payment (if so required by the Issuer), shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Issuer and the Registrar duly executed by the Registered Owner or by his duly authorized attorney. Ordinance No. 7191-03 8 SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST, In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur, All Bonds so surrendered shall be canceled by the Registrar for the Bonds, If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof, Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolcn or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the source ann security for payment from the funds, as hereinafter pledged, to the same extent as all other Bonds issucd hereunder. SECTION 10. BOOK ENTRY SYSTEM. Nohvithstanding the provisions of Sections 7,8 and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the Refunding Bonds, elect to use an immobilization system or pure book-entry system with respect to issuance of such Refunding Bonds, provided adequate records will be kept with respect to the ownership of such Bonds issued in book-entry form or the beneficial ownership of bonds issued in the name of a nominee, As long as any Bonds are outstanding in book-entry form the provisions of Sections 7, 8 and 9 of this Ordinance shall not be applicable to such Refunding Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series Refunding Bonds. SECTION 11. PROVISIONS FOR REDEMPTION. The Refunding Bonds shall be subject to redemption prior to their maturity, at thc option of the Issuer, at such times and in such manner as shall be fixed by resolution of thc Issucr duly adopted prior to or at the time of sale of the Refunding Bonds, Notice of such redemption will be given by the Registrar (who shall be the Paying Agent for the Refunding Bonds, or such other person, firm or corporation as may from time to time be designated by the Issuer as the Registrar for the Refunding Bonds) by mailing a copy of the redemption notice by first-class mail (postage prcpaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Owner of each Refunding Bond to bc redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Registered Owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Refunding Ordinance No. 7191-03 9 Bonds or portions thereof so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any Refunding Bond for redemption in part only, the Issuer shall issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered Owner, a new Refunding Bond or Refunding Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. " Ordinance No, 7191-03 10 . Whenever any Refunding Bonds shalI be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Refunding Bonds shall be canceled and, upon request of the Issuer, destroyed by the Bond Registrar. Counterparts of the certificate of destruction evidencing any such destruction shall be furnished to the Issuer. SECTION 12. FORM OF THE REFUNDING BONDS. The text of the Refunding Bonds shalI be in substantially the form set forth in Exhibit A attached hereto and incorporated herein, with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this Ordinance or by any subsequent ordinance or resolution adopted prior to the issuance thereof: SECTION 13. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE, The Refunding Bonds, herein authorized, shall for all purposes (except as herein expressly provided) be considered to be Additional Parity Obligations issued under the authority of the Original Ordinance, and shall be entitled to all the protection and security provided therein for the Parity Bonds, and shall be in all respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds, The covenants and pledges contained in the Original Ordinance shall be applicable to the Refunding Bonds herein authorized in like manner as applicable to the Parity Bonds. The principal of and interest on the Refunding Bonds shall be payable from the Sinking Fund established in the Original Ordinance on a parity with the Parity Bonds, and payments shalI be made into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and interest on the Parity Bonds and the Refunding Bonds as such principal and interest become due, SECTION 14. APPLICA TION OF REFUNDING BOND PROCEEDS, The proceeds, including accrued interest and premium, if any, received from the sale of any or all of the Refunding Bonds shall be applied by the Issuer as follows: (A) The accrued interest shall be deposited in the Interest Account in the Sinking Fund created in the Original Ordinance and shall be used only for the purpose of paying interest becoming due on the Refunding Bonds. (B) Unless provided from other funds of the Issuer on the date of issuance of any series of Refunding Bonds as set forth in Section 16(B) of the Original Ordinance, a sum equal to the Reserve Requirement for the RefundingBonds shall be deposited in the subaccount in the Reserve Account in the Sinking Fund, herein created and established for the benefit of the Refunding Bonds, and shall be used only for the purposes provided therefor, or, if determined by subsequent resolution of the Issuer, a sum equal to the premium of a debt service reserve fund policy or surety provided in satisfaction of the Reserve Requirement for such series of Refunding Bonds. Ordinance No. 7191-03 11 (C) Unless paid or reimbursed by the original purchasers of the Refunding Bonds, the Issuer shall pay all costs and expenses in connection with the preparation, issuance and sale of the Refunding Bonds. (D) A sum which, together with the other funds to be deposited pursuant to the Escrow Deposit Agreement, and the investment income to be derived therefrom, will be sufficient to pay, as of any date of calculation, the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same shall become due and or redeemable, shall be deposited pursuant to the Escrow Deposit Agreement. SECTION 15. SPECIAL OBLIGATIONS OF ISSUER. The Refunding Bonds shall be special obligations of the Issuer, payable solely from the Net Revenues as herein provided. The Refunding Bonds do not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Refunding Bonds, the interest thereon or other costs incident thereto, or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein. The acceptance of the Refunding Bonds by the Holders from time to time thereof shall be deemed an agreement between the Issuer and such Holders that the Bonds and the indebtedness evidenced thereby shall not constitute a lien upon the System, or any part thereof, or any other property of the Issuer, but shall constitute a first and prior lien only on the Net Revenues, in the manner hereinafter provided. The Net Revenues shall be immediately subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. The payment of the principal of and the interest on the Refunding Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues of the System, as defined herein, on a parity with the Parity Bonds and the Issuer does hereby irrevocably pledge such Net Revenues of the System to the payment of the principal of and the interest on the Refunding Bonds, for the reserves therefor and for all other required payments. SECTION 16. COVENANTS OF THE ISSUER. The provisions of Section 16 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 17. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHOUT CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein. Ordinance No. 7191-03 12 SECTION 18, AMENDMENT OF ORDINANCE \VITH CONSENT OF HOLDERS OF BONDS. The provisions of Section 18 of the Original Ordinance shall be deemed applicablc to this Ordinance and shall apply to thc Refunding Bonds issued pursuant to this Ordinance as though fully restated herein, SECTION 19. DEFEASANCE. The provisions of Section 19 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 20. TAX COVENANTS. (A) The Issuer covenants with the Registered Owners of each series of Bonds that it shall not use the proceeds of such series of Bonds in any manner which would cause the interest on such series of Bonds to be or become includable in the gross income of the Registered Owner thereof for federal income tax purposes. (B) The Issuer covenants with the Registered Owners of each series of Bonds that neither the Issuer nor any person under its control or direction will make any use of the proceeds of such series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such series of Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and neither the Issuer nor any other person shall do any act or fail to do any act which would cause the interest on such series of Bonds to become includable in the gross income of the Registered Owner thereof for federal income tax purposes. (C) The Issuer hereby covenants with the Registered Owners of each series of Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from the gross income of the Registered Owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. SECTION 21. GOVERNMENTAL REORGANIZATION. The provisions of Section 21 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein, SECTION 22. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the security or the value of the Refunding Bonds. Such covenants may be set forth in a resolution adopted prior to or simultaneously with the sale of the Refunding Bonds and shall have the same effect as if such covenants were set forth in full in this Ordinance. Ordinance No, 7191-03 13 SECTION 23. PRELIMINARY OFFICIAL STATEMENT. The distribution of a Preliminary Official Statement relating to the Refunding Bonds is hereby approved in such form and substance as shall be approved by subsequent resolution of the Issuer. SECTION 24. SEVERABILITY. If anyone or more of the covenants, agreements, or provisions of this Ordinance should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Ordinance or of the Bonds. SECTION 25. REPEAL OF INCONSISTENT INSTRUMENTS. All ordinances or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. Ordinance No. 7191-03 14 SECTION 26. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its enactment. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ENACTED Brian J. Aungst, Sr. Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Ordinance No. 7191-03 15 EXHIBIT A (Form of Refunding Bond) No. $ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER GAS SYSTEM REVENUE REFUNDING BOND, SERIES 2003 Rate of Interest Maturity Date Dated Date Cusip Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida (hereinafter called "City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at the rate of interest per annum set forth above until payment of such sum, such interest being payable I _ and semiannually thel;.eafter on the first day of and the first day of of each year. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof oil the date fixed for maturity or. redemption at the principal office of (the "Paying Agent") in Florida, or at the office designated for such payment of any successor thereof. The interest on this Bond, when due and payable, shall be paid by check or draft mailed to the person in whose name this Bond is registered, at his address as it appears on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the City shall be in default in payment of interest due on such interest payment date. In the event of any such default, such A-1 Ordinance No. 7191-03 . defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Holder of the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the Bonds may, at the option of any owner of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. This Bond is one of a duly authorized issue of Bonds in the aggregate principal amount of $ of like date, tenor and effect, except as to number, installments, maturity and interest rate, issued to finance the cost of advance refunding the Gas System Revenue Bonds, Series 1996A, pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No. 5118-91, duly enacted by the Issuer on August 15, 1991, as supplemented by Ordinance No. 03-_ duly enacted by the Issuer on 2003, as amended and supplemented (hereinafter collectively called the "Ordinance"), and is subject to all the terms and conditions of such Ordinance. It is provided in the Ordinance that the Bonds of this issue will rank on a parity with the outstanding Bonds of an issue of Gas System Revenue Bonds, Series 1997 A, dated October 1,1997, the Gas System Revenue Bonds, Series 19978, dated October 1, 1997, the outstanding Gas System Revenue Refunding Bonds, Series 1998, dated January 15, 1998 and any bonds issued under the authority of the Original Ordinance or the City of Clearwater Ordinance No. 5665-94 (the "Parity Bonds"). This Bond and the Parity Bonds are payable solely from and secured by a first and prior lien upon and pledge of the Net Revenues, as defined in the Ordinance, which consists of the net revenues derived by the City from the operation of the System (the "Net Revenues") in the manner provided in the Ordinance. This Bond does not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, except from the Net Revenues, in the manner provided herein. It is further agreed between the City and the Registered Holder of this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues, in the manner provided in the Ordinance. A-2 Ordinance No. 7191-03 (INSERT REDEMPTION PROVISIONS) Bonds in denominations greater than $5,000 shall be deemed to be an equivalent number of Bonds of the denomination of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such may be redeemed, but Bonds shall be redeemed only in the principal amount of 55,000 or any integral multiple thereof. In the event any of the Bonds or portions thereof are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Registrar (who shall be the paying agent for the Bonds, or such other person, firm or corporation as may from time to time be designated by the City as the Registrar for the Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Holder of each Bond to be redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Registered Holder of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon sur- render of any Bond for redemption in part only, the City shall issue and deliver to the Registered Holder thereof, the costs of which shall be paid by the Registered Holder, a new Bond or Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the corporate trust office of the paying agentis located are authorized by law or executive order to . close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. (To be inserted where appropriate on face of bond: "Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect asif set forth on this side.") In and by the Ordinance, the City has covenanted and agreed with the Registered Holders of the Bonds of this issue that it will fix, establish, revise from time to time whenever necessary, main- tain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay,and out of such funds pay, 100% of all costs of operation and maintenance of the System in such year and all reserve and other payments provided for in the Ordinance and 125% of the bond service requirement due in such year on the Bonds of this issue, and on all other obligations payable on a A-3 Ordinance No, 7191-03 parity therewith, and that such fees, rates, rentals and other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes, The City has entered into certain further covenants with the Holders of the Bonds of this issue for the terms of which reference is made to the Ordinance. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions, This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code - Investment Securities of the State of Florida, The Bonds are issued in the form of fully registered bonds without coupons in denominations of $5,000 or any integral multiple of $5,000, Subject to the limitations and upon payment of the charges provided in the Ordinance, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the Registered Holder hereof in person or by his attorney duly authorized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Holder of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same Maturity Date and Rate of Interest for the aggregate principal amount which the Registered Holder is entitled to receive at the earliest practicable time in accordance with the provisions of the Ord inance. The City or the Registrar may charge the Registered Holder of such Bond for every such transfer or exchange of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Bond shall be delivered, A-4 Ordinance No, 7191-03 The City may deem and treat the Registered Holder hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the certificate of authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be executed by the manual or facsimile signature of its City Manager and countersigned by the manual or facsimile signature of its Mayor-Commissioner, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by the manual or facsimile signature of its City Clerk, as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) City Manager Mayor-Commissioner A TrEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Clerk City Attorney A-5 Ordinance No. 7191-03 CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR This Bond is one of the Bonds of the issue described in the within-mentioned Ordinance. By: Authorized Signature Date of Authentication The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as t~nants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF TRANSFERS TO MIN ACT - (Cust.) Custodian for (Minor) under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. A-6 Ordinance No. 7191-03 ASSIGNMENT FOR VALUE RECEIVED, the undersigned the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Security or Federal Employer Identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of the New York Stock Exchange or a commercial bank or a trust company. NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. A-7 Ordinance No. 7191-03 . [End of Form of Bond] . .. A-8 Ordinance No. 7191-03 EXHIBIT B FORM OF ESCROW DEPOSIT AGREEMENT B-1 FNv 3(1 ~ Clearwater ~'~"';:0./;~'" .~~ "'~:/"...':/''''~:.-'. Agenda Cover Memorandum City Commission Tracking Nlill1~.r.:. 173 Submitted: 08/25/2003 Preferred Date: 10/02/2003 Latest Possible Dat~ 10/02/2003 Subject / Recommendation: Approve Resolution No. 03-32 expressing the City's intention to be reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures; Summary: The City utilizes lease pUl'chase financing to pay for certain capital equipment. Lease purchase financing allows the City to pay for Items over there useful life. The City's contract with Bnnc of America Leasing will expire on September 30, 2003; the City is currently negotiating with Sun Trust Leasing Corp. to be the next lease purchase provider. The resulting contract will be brought forward in a subsequent meeting. Resolution 03-32 allows the Clly to pay the vendors and to be reimbursed from Sun Trust Leasing. The complete resolution Is available In the Office of Official Records and Legislative Services Department. Originating: Finance Section: Other items on City Manager Reports Category: Agreements/Contracts - without cost Financial Information: Review Aporoval MSIMMONS CGOUDEAU 08/25/2003 16: 19: 03 11:53:02 09/08/2003 BHORNE 09/08/2003 11:33:36 ~ Clearwater t v~t ..-.... Agenda Cover Memorandum PAKIN 08/25/2003 16:45:24 09/05/2003 14:23:33 GBRUMBAC RESOLUTION NO. 03-32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING THE CITY'S INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDE CERTAIN OTHER MATTERS IN CONNECTIOIN THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the city of Clearwater, Florida (the "Issuer") has determined that the need exists to acquire certain items of equipment during the 2003-2004, 2004-2005, and 2005-2006 fiscal years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the acquisition of equipment as set forth in the Issuer's 2003-2004, 2004-2005, and 2005-2006 fiscal year budgets, as amended and supplemented from time to time (the "Project"). The Issuer intends on acquiring each item of equipment constituting a portion of the Project with funds then on deposit in the Issuer's bank account, and within a reasonable time thereafter refinancing such purchases within lease purchase financing with Sun Trust Leasing Corporation pursuant to a master lease purchase agreement. It is not reasonably expected that the total amount of the Project will exceed $18,000,000. This resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If anyone or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision herein and the remaining provisions shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolution or orders and parts therof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. 1l) -' 1.:. Ft'J(:<n HCSlllulilln Nil. 03-32 SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption this day of September 2003. Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 03-32 ITEM # 0 or< LS .1.. Lfe. ~ Clearwater I -~~ v~ Agenda Cover Memorandum City Commission TraJ:.-king~m..b_er: 137 SJJ.bmitt~~~ 08/06/2003 Pr~f.~rre_d.J~_~t~_: 09/04/2003 L~J~.st Po_s_slble_Qql~l 09/04/2003 8~tu_C!.LDj;tte~ 09/04/2003 Subject / Recommendation: Pass Ordinance # 7170-03 on first reading establishing a Sister Cities Advisory Board. SummaJY~ The City of Clearwater has been involved in the Sister Cities program and is a Sister City to the City of Nagano, Japan. The Sister Cities Advisory Board shall advise the City Commission of activities and program issues that might impact the expansion or development of the Sister Cities program. The board shall consist of five members who are residents of the city. The Sister Cities Advisory Board shall include the following: one member of the city commission, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, and a Cultural Arts Foundation representative. Representatives of the Clearwater Sister Cities Inc. and Cultural Arts Foundation shall be nominated by their respective organizations. Members shall be appointed by the City Commission to serve for a term of four years. Qrigill&tln9.;. Official Rec and Legislative Svc Section: Other items on City Manager Reports CategQ[Y.l Code Amendments - All ~J)m b~Lo.il:tarcLC..Qpl.e.s_a_tta~he.d~ 1 -----'~_.........~-...,-...-...~..-.-.--_.. ~_...-... ---, ..._-.._--..--.._~-------_......__...._,.....,,_..............__.-.....-._.._-----~-_...... --....._.-~.._...--------,..._"'--...' ~,~~aterl -~ u~ - Pu.b1LcJ:j~_~ringl No Financial Information: JYP_~ Other Review ApPLoval CGOUDEAU CGOUDEAU GBRUMBAC BHORNE Agenda Cover Memorandum 08/21/2003 08/26/2003 08/22/2003 08/25/2003 13:51 :22 10:05:53 10:08:50 16:02:23 . ORDINANCE NO. 7170-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SISTER CITIES PROGRAM; CREATING A SISTER CITIES ADVISORY BOARD; PROVIDING FOR ITS COMPOSITION, POWERS AND DUTIES, TERMS OF OFFICE, OFFICERS, AND RULES; PROVIDING FOR REMOVAL OF MEMBERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is fortunate to have been involved in the Sister Cities program and to be a Sister City to the City of Nagano, Japan, and it is advisable to create a Sister Cities Advisory Board in order to advise the City Commission regarding program issues that might impact the expansion or development of the Sister Cities program; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article III, Division 12, Code of Ordinances, is hereby created to read as follows: DIVISION 12. SISTER CITIES ADVISORY BOARD Sec. 2.250. Creation. There is hereby created the Sister Cities Advisory Board of the City of Clearwater. Sec. 2.251. Composition. The Sister Cities Advisory Board shall consist of five members who are residents of the city. The Board shall include the followina: one member of the city commission. a representative of the local business community. the School Board's World Language Coordinator or desiQnee. a Clearwater Sister Cities Inc. representative. and a Cultural Arts Foundation representative. Representatives of the Clearwater Sister Cities Inc. and Cultural Arts Foundation shall be nominated by their respective orqanizations. Sec. 2.252. Powers and duties. The sister cities advisory board shall make recommendations for the effective functioning of sister cities activities and advise the city commission of sister cities Qrogram issues that miaht impact the expansion or development of the prOQram. Sec. 2.253. Terms of office of members: officers: rules. Ordinance No. -03 (1) The members of the sister cities advisory board shall be appointed by the city commission to serve for a term of four years, staqqered such that not more than three terms shall expire in any calendar year. A member shall serve not more than two consecutive complete terms. (2) The board shall select a chair and such other officers as the board may find necessary, from its membership. (3) The board may adopt such rules of procedure as the board finds necessary. which shall not be in conflict with state law or ordinances of the city. (4) The board shall meet at such times as the board may find necessary but no less often than quarterly. Sec. 2.254. Removal of members. The city commission shall have the power to remove any member of the board for misconduct or neqlect of duty. In addition, the city manaqer shall have the power to remove any member because of the excessive absence of the member from the meetinqs of the board as defined in section 2.066. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney 2 Ordinance No. Clearwater Citv Commission .. Agenda Cover Memorandum Work session Item #: J w I W-I Final Agenda Item # ---LL- Meeting Date: 9/18/03 SUBJECT/RECOMMENDATION: Approvc the Bench 'V~lIk I>esign concept as proposcd by the City's consultants and City Management and Staff. o and that the appropriate officials be authorized to execute same. SUMMARY: Hac k~rou nd: . In July 2001. the City Commission adopted Beach by Design. a Spccial Arca Plan including a comprehensive set of land use. mobility. transportation, parking and dcsign guidclines for Clearwatcr Beach. . The Beach Walk project was designatcd as a catalytic project in Bcach by Design, which means it will significantly help to reverse the general economic trend of the area and scrve as a catalyst for reinvestmcnt and rcvitalization. . In Novcmbcr, 2002. thc City Commission approved a work order ft)r Post. Bucklcy. Schuh & Jernigan, Inc. to rcfine the Beach Walk concept presented in Bcach by Design: obtain public input on thc projcct c1cments: complete final dcsign and preparc constnlction plans. . Public mcctings wcre held on Fcbruary 25; April 29: and May 29. 2003. and the concept plan was refincd after each meeting. Proicct Features: . Realigned S. Gull'view Boulevard: S. Gulfview will be moved westward from its current location, following a curvilinear path from Coronado Drivc on the north to the Adams Mark motcl on the south. . There will bc two (2) 14-foot travel lanes, one northbound and one southbound; . Parallel parking spaces will be provided on the cast side; . A reserved 10-foot future trollcy lanc is located immediately wcst of the travellancs; . A 20-foot widc sidewalk and bicycle path is locatcd west of the future trolley lane; . In order to provide a smooth transition to the curvilincar road at thc north end and provide a landscaped entryway featurc. the road will encroach into the southeast corner of thc existing Pier 60 parking lot resulting in the loss of 14 parking spaces. . Thc entrance to the Pier 60 parking lot will bc recontigured to provide a stacking lane and bypass which will alleviatc the current situation of vchiclcs waiting on Gulfview Boulevard to enter the lot. Reviewed by: Originating Dept: Costs: None bL Public Works Admlnistrati n Total Legal Info Srvc ~ (Mike Quillen) Budget N/A Public Works User Dept. Funding Source: N/A DCM/ACM Economic Deve Current Cl X Purchasing FY Risk Mgmt N/A Planning ~ Attachments OP Other Submitted by: City Man~ ~-_. - -...-- 00 None Appropriation Code Printed on recycled paper Beach Walk Design Rev. 2/98 . . Coronado Drive: Traffic studies have shown that the addition of a center tum lane on Coronado will provide sufficient capacity to absorb through trunic which may divert to Coronado Ii'om S. Gulfview. Thc prcsencc of private back-out parking spaces in the City right-of-way which scrve businesses on the cast side of Coronado complicates the design. Various altemative cross-sections were analyzed, with thrce being considered worthy of further consideration. These are: Alternate #1: Thc prefcrred long-tenn section consisting of two (2) I a-foot sidewalks, II-toot north and south travcllanes and a 14-foot ccnter tum lane. This will result in the loss of the back- out parking cUlTently located in the right-of-way (160 spaces); Pros: . Accommodates sidewalks on both sides of street and includes thc two travel lanes and ccntcr tum lane. . Allows landscaping on both sides of the street. . Allows the lanc widths to mect prefc'l'ed standards. . Provides completc projcct at onc time without the need for futurc adjustment. . Allows thc undcr grounding of utilities and providcs the preferred aesthetic improvement. . Eliminates potcntial safety and liability associated with currcnt back-out parking. Cons: . Eliminates back-out parking in right-of-way used by small hotels. Alternate #2: An aItcmativc section prcsented by the busincss owners on Coronado consisting of a sevcn toot sidewalk on the wcst side, II-foot north and south travel lanes and a 12-100t ccnter tum lane leaving 15 fcct available for the private parking spaces on the east sidc if owners provide an additional four feet of land area for a total of 19 feet for the back-out spaces. This altemative would preserve the private parking spaces in the right-of-way; Pros: . Would rctain back-out parking used by small hotels. . Would provide a limited sidewalk and landscaping on the west side ofthc street. Cons: . Would require private property owners to provide at least 4 feet of land for the back-out spaces including dedication of a "temporary easement" over thc private propcrty. . Would not allow exclusive use of these spaces for thc small motels. Lcgal indicates spaces would havc to be available to the public on a "tirst come, first serve" basis. . Back-out parking creates safety, liability and traffic problems. . Limits ability to achieve improved aesthetic environment on thc corridor. . Would rcduce thc travel lanes and ccnter turn lanc to II teet and 12 feet respcctively. . A second street project would be required in future attcr redevclopment of private property eliminates back-out parking. Alternate #3: An alternative to the section provided by the business owners would provide eight toot parallel parking spaces and a seven foot sidewalk on the east sidc, with the remainder the same as the second altemative above. This would eliminate all the back-out private parking in the right- of-way but would provide approximately 70 public parallel spaces; Pros: . Would providc a sidewalk on both sides of the strect. . Would not eliminate all parking for small motels. . Would not require private propcrty for this altemativc. . Would not require a subsequent construction phase. Cons: . Reduces 160 back-out spaces to 70 parallel spaces. . Reduces the travel lanes and center turnlanc width as described in Altel11ate #2. 2 . Would not allow exclusive LIse of the spaces by small motel owners. . For alternates two and thrce, the II-foot travel lanes could be reduced to ten feet, similar to Mandalay Avenue, which would provide cight fcet of sidewalk. . Administration recommcnds Alternate #1. This alternative providcs thc bcst and safest cross- scction for both vehicles and pcdestrians; does not requirc privatc propcrty; provides thc bcst aesthctic improvement for the arca and would allow construction of thc project in a singlc ncar- tenn phase which would also be more cost cffectivc. . The Promenadc: This is a wide pedestrian area located predominantly in the westcrn 35 fcet of the existing S. Gulfview right-of-way. It extcnds the length of the project and will includc landscaping, street furniture and public art. A Central Plaza is provided at the approximate midway point. Once S. Gulfview is relocated the right-of-way can be vacated and the eastcrn 35 feet be made available to the adjacent property owners. This would bc at thc City's option and would provide an incentive to the propcrty owners to upgrade their propcrty and blend in with Beach \Valk through thc usc of elemcnts such as sidewalk cafes and/or new resort development. . Public Parking: Construction of Beach Walk will necessitate thc rcmoval of 379 parking spaccs from the lots on S. Gulfvicw, 14 spaccs from thc Pier 60 lot and 53 on strcct spaccs on S. Gult'vicw. Proposed replacements for thesc spaces arc: . Ncw parallel parking on S. Gulfview cquals 32 spaces; . Construct approximately 449 spacc parking garage on thc site of the "Adams Mark" public parking lot equals a 349 space net increase for that site; . Construction of the interim lot on thc proposed Marriott Seashell property equals 155 spaces; . The table summarizes thesc parking counts: Location Pier 60 S. Gulfview Lots "Adams Mark" public lot S. Gulfview On-Strect Seashell Interim TOTAL Existing 231 379 100 53 ~ 763 Proposed 217 o 449 32 155 853 . Business Access: There are a few businesses on S. Gulfview that do not have parking or delivery access from Coronado. Acccss to these businesses is being provided via two frontage roads, one off of Fifth Street to the south and one off of S. Gul fview in the vicinity of McDonalds. FundiDl! and Schedule: . The consultants work order for design of the project is funded by a S490,000 V A-HUD Special project grant. . The preliminary cost estimate for construction of the projcct is $7 million, plus $4.49 million for the "Adams Mark" public lot parking garage. . A vailablc funding to datc for construction includes $1 million in Pennics for Pinellas funds and $75,000 in Development Impact Fces, with an additional $2 million in Pennies for Pinellas and $75,000 of Development Impact Fees availablc in FY 2003/04. . Following Concept Plan approval it will take approximately six months to complcte final construction drawings. 3 I '-/ ~I ( .__s: r'~~"":!...... - - ~~.~ =- --..~~. - -- '-'. ,'\ \.lk.,............ ';_' ._t.r.p".... ~;., ,.)..}.... 1 .. 1 .:.,..............,.'..,.. -.' ,...'. :q:" ".1....'" ,..~ '. ~. ,>(~I~<..:.tj"j;...f: (~~(.,,~l.~.\.:.:~~..'~...~.f\>~~ ;,..~.... ..\,.,. ....~ .'t.,"", j'." 1:'~"''':''''''.J....ii'''''- OWl...... .~.....~(f'~..........:...r.:\...'I'.....:,f," ,....I.');.u .\....-I;l, l~_.~-.,...,....,rI~.~:...J---r--.......I.' T 1.. ..,"~~ t ~ ..,.........:,., ,,' . '~ ,","-,'f'; ,.t..! ~'.\J · "'i';"~-"':;""""':. ."....1'.... (..t},!1" ',:LJ II.. : ~..::,l-!://' .... . '.' ,.. .:::...~':/:':...:':~'~,.::' ~ ..:.. ....,:,:.::.. . ,., ,-, "'/',;1 T,': :<:, '~:~:~(::~:.Y ~ ~.;: ,..~..~:. '.;".>',~::'" :'.~"::':: -".' " .~/"? '.:":~'.< '.. - ,.< S' .G. ,. fv" B . d I Ii::':;::';. -<" )JI..!f!.w..:.o.vleYa.r<,<} f;~(~~)Bxf':';;';l:~:',!':;l~.~':{}f~~~'dI}~NN{j: ......._~l>i..... ... . .~n \ .!"" :.'.',:\ . ._' !"__: ., \\ LI"~' .1". \.,... ~;ArV."" ........, ,.~l.... :"...... \' ,. \ ., "..........,....... w.... .' ".. .~\.~~ .""..~ ' " \ . :.;A......- ,.,. ..~..._~:;.(.l~~~)!."..~ '-Ya..... t ..r-: - - ~ " ~. J;d(;:j~ c~iT'lPi ri'p~P:lti;~11.".~f'f~rf.J.~.I.::.l'\ l"~ltf~ . N ~ "*~..,..;:::::.::" ;\"t.~,~~.... tr,.. :: '.H,. \ i ~"f,: 1 F'\~ I y ru..;~' ~'.,".~'. ,#' ~...,.., \.... 4....fi.... ,,"\'. -l ,,~ ......' 1 ;7':-':::::/:'>~. '. . ..,.....,...,... ,'; ,;,,'.,,._,._i '--,-:"'- ,.., ..., .' 2 .. .j Parking CqUl)t rable: ..... .. . '.,' ',.. "-' '.' .' ,",::'." il.I~..~ '~n"~Adi~.ff";'H':;"'F:,~OO" ..'..,'>. "."'~9.\...,..A"" :)~}1~~UitI~G~~~g~~;~~~;~~'@(1~"?;{,.i~~~t~ .~;~~:9.,u~;.~~,: \;.;";:.53.,,.... ,.3,~ :!.',):' ;-:!.t~'::':>".'.';":",~<"'" :':"<<':'.~'-:"> ,;.... ". ~ ,', <...~... '1 se8SheD interim - ~'-'o:-- -- :1'55' TotAL 763 853 '.' Frontage DrivE;. . :.: :"., ,North of 5th ,Stre~t ):. ..' ,." '" '.,,;, 3 en! on,Hi,) /..)//1,' (' C/o'.', .::"..'c (lOll Alternate #1 RNI RJW I 10' 2' 11' 14' 11' 2' 10' i I, --1 I r-"-; I I I I i . I i ~--r:....~'UCI::"--=-.;::--::-.:1.- .:....:~-- (~t}l:~ :,;./i' I~:!I ~-"JI ~ -,' II,J/1 , Alternate #3 R/W 7' 2i~r41' = RIW 15' 4' COf'O(Jdd07 OnV0 eros:..., See i'1c); J Alternate #2 , ,. RIW RNJ 7' 2' 11' 12'! 11' 8' 2' 7' I --I--!' ~ ~ I' , I _~_~ I r? f..: I. I) I : } ! ! ! (}, II ! ( . (I C"l () '" ( . It;" , ( : Alternate #1 /~".~.. H_'" . ........... . .' , . r . . ~ 10' l2l tI' J 14' r";;. q )~ 10' ~ Sidewalk. ' Soulll Bound Cenler Turn NO'lh Bound " Sidewalk lane 4 , 5 1t= if ( L..! l. tC>> ~ " Ii" " 00 00 ~ u u -< ~ ... 00 ~ c:: ~ ~ ('1 ",,",. w rC~~ " ;;<' '. " en ~ ~ ,....J N ...... rfJt..:.:2 rfJ 0) .tC~~ C,) C,) ~ ""0 ., ~.. 0) ~ ~.- (1).5 ..-4 ~ I ~" ..--c~ ::s a5 Cj .5 r; - ..d '- ~:> (. ::s 5 oU rJJ " ~ r:/J 00 0) .~ ~ N . () < -:tt Lf I Evaluation Of Alternative Traffic Concepts Alternative-Recommended Beach Walk Design Pros (Compatibility with Beach by Design) Cons Two-way system reduces traffic volume and speed and is a better pedestrian environment. May impact private parking depending on cross-section selected for Coronado. Two-way preserves existing access pattern for residential and businesses on Devon, Brightwater, Bay Way and Hamden. Right turn storage lane extension into parking lot only partially addresses traffic/pedestrian congestion issues in the Pier 60 area. Two-way preserves commercial exposure to businesses on South Gulfview and Coronado. Two-way system on Gulfview discourages use by service vehicles/encourages use of Coronado for local development access. Median lane on Coronado encourages/enables llse of Coronado for direct access to local development and for service vehicles. Median lane allows for continuous traffic flow and limits lane stoppage due to left turn movements. Alternative-One Way Pair Pros Traffic signals at South Gulfview and Coronado; and South Gulfview and Harnden can be eliminated. Eliminates conflicts between northbound left turn from South Gulfview and southbound through movement to Coronado at the intersection of and South Gulfview and Coronado. Eliminates need for two-way center turn lane on Coronado. Cons (Compatibilit}' with Beach by Design) Two lane, one way Gulfview offsets traffic calming effects of curvilinear design and on- street parking. Requires use of Gulfview by through traffic, service vehicles, local development traffic and circulating traffic. Higher estimated demands on Gulfview and higher speeds (compared to recommended Beach Walk Design) detract from pedestrian environment. Signalized pedestrian crossings will be required at north and south termini to provide safe crossing of uninterrupted one- way flows. May partially offset benefits of eliminating traffic signals. One-way operations with limited cross streets and driveway connections result in circuitous travel patterns for local business and residential traffic (especially the area east of Coronado). No direct access to Markopolous & Seashell properties for southbound traffic (coming from the north). Does not resolve legal issue of private parking on public ROW along Coronado. Requires additional public input. . Alternativc--Markopolous One 'Vay Proposal Pros Eliminates conflicts between northbound left turn from South Gulfview and southbound through movement to Coronado at the intersection of and South Gulfview and Coronado. Provides higher capacity and speeds along the one-way segment. Compatible with Markopolous development plans. Cons (Compatibility with Beach by Design) Introduces roadway element that is inconsistent with overall system. Two lane, one-way segment will tend to invite through traffic but subsequent two way segments on South Gulfview discourage use. Two lane, one way GuUview otTsets traffic calming effects of curvilinear design. Signalized pedestrian crossing(s) in the vicinity of Coronado will be required for safe movements across uninterrupted one-way segment. Does not create a true one-way pair. Access limitations to Gulfview require that the parallel segment of Coronado remain two-way. This will require an additional north bound though lane be added (to the Beach Walk Design) onto the parallel segment of Coronado. Transition from one-way to two-way operations results in confusing circulation patterns. The projected volumes on the connector would represent a major interruption to the promenade. Closely spaced traffic signals will be needed to facilitate traffic and pedestrian movements at both ends of the connector. Signalized pedestrian crossings will be required at Gulfview and Coronado to provide safe crossing of uninterrupted one-way flows. May partially offset benefits of eliminating traffic signals. Potential for backup on southbound South Gulfview due to merge from two to one through lane. More expensive construction costs than Beach Walk Plan. Requires additional public input. t9- ~l G~ ~ ~ September 16, 2003 1;<\\ .tJ Dear Mayor Aungst and Commissioners: I am very concerned regarding the one-way proposal for the South Beach. This proposal would dramaticallv limit the access to mv home, as well as other residents, by eliminating the left turn into Devon Dr. I also consider the on street parking on the street easements that is currently being allowed by the City at the motels to be a safety hazard for pedestrians. They must walk around parked cars into the street. I hope that yOU will eive the Residents of Devon Dr. your serious consideration and ~De-;;)'~ ()~.&u;Lld:-) Resident //0 Address JJ~L/ j)~1 ~d'-1-?f;A~Z-:C 63/&7 / September 16, 2003 Dear Mayor Aungst and Commissioners: I am very concerned regarding the one-way proposal for the South Beach. This proposal would dramaticallv limit the access to mv home, as well as other residents, by eliminating the left turn to Devon Dr. I also consider the on street parking on the street easements that is currently being allowed by the City at the motels to be a safetv hazard for pedestrians. They must walk around parked cars into the street. I hope that vou will 2ive tbe Residents of Devon Dr. vour serious considention and do not approve the one-wav plan. iJ14. ~~-I/c i '\-,liTSf+- Resident ' ~Jo-> 10 f Pc.>lcJJ ]:M?!vc CiCPf1v...u'!-"CR-- 1SG>1e--H Address FL S5/C:::, . .J .. Brink. Carolyn To: Cc: Subject: Commission Akin, Pam; Goudeau, Cyndie; Blunt, Betty; Reporter FW: Beach Parking FI and will be at dais " \ S 2003 -----Original Message----- From: Brink, Carolyn Sent: Thursday, September 18, 2003 1:12 PM To: 'Bill zinzow' Subject: RE: Beach Parking .:- r Dear Mr. Zinzow: Your e-mail has been received and distributed to the Mayor and Commissioners. -----Original Message----- From: Bill Zinzow [mailto:zinzow@tampabay.rr.com] Sent: Thursday, September 18, 2003 12:53 PM To: citycomm@clearwater-fl.com Subject: Beach parking Dear Commissioners, Should you deem it necessary, I accept cause for making Beach Drive one way as well as Coronda Drive, even by reclaiming city property from hotel operators, however, I take strong exception to building a parking garage on the south beach next to the Adams Mark Hotel or any place else on city property. I consider parking garages are the responsibilty the beach business community and not that of the city. If the privately owned beach property is too expensive to build a parking garage on, why should they be placed on public or city owned property? Bill Zinzow 2277 Minneola Road Clearwater, FL 33764 Bill Zinzow Clearwater, Florida 1 . J . \ -\- L.; 1'1-' -\- ~- 1/ / Brink, Carolyn From: Sent: To: Subject: InterneCCommenCCard Thursday, September 18, 2003 8:58 AM citycomm@clearwater-fl.com Beach Traffic ;......;t... . I::: \.: .,:1'.1 :::,.- . ,',: ':':<;',I(/j.1 Sender's Name: Bill Ross l~ !:' {) 1 8 '1003 '/1.:.1 L, rjt-{l--:~.~S ;:;1 ERf/ , !\TT()Flt~t', ,"f'(~:. ::. ;, i,::::>< . l~',"T();':':f-Jr:: y Date sent: 9/18/2003 7:57:53 AM Comments: I am a beach resident that totally supports the plan to widen Coronado Drive and add side walks. I do not want to see one way streets on the beach especially on Gulf and Coronado. It would create more problems for traffic that needs to go east of Coronado. Sender Email: Mailing Address: Phone: 1 Page 1 of 1 -://LI/ Brink, Carolyn To: Commission Cc: Akin, Pam; Goudeau, Cyndie; Blunt, Betty; Reporter Subject: FW: Beach Walk Project " . ::.. 2C1\J3 -----Original Message----. From: Brink, Carolyn Sent: Thursday, September 18, 2003 11:54 AM To: 'dmacnav@worldnet.att.net' Subject: PN: Beach Walk Project . ~ . \.. . . .: ~ .' )., ,'~t.'{ Dear Mr. MacNamee: Your e-mail has been received and distributed to the Mayor and Commissioners. -----Original Message----. From: David MacNamee [mailto:dmacnav@worldnet.att.net] Sent: Thursday, September 18, 2003 11:43 AM To: City Commission Subject: Beach Walk Project City Commissioners: The Clearwater Beach Association reiterates its position on the proposed parking garage on Clearwater Beach. The Association strongly believes that a parking garage does not belong on the waterfront. The proposed location on the beach north of the Adams Mark as well as locations on or near Pier 60 are not suitable for a multistory parking garage. We understand that economics have forced the city staff to look at land that is owned by the city when considering locations for a parking garage. But we believe that postponing this decision may very well allow other solutions that will be available in the near future. The whole point of Beach Walk is to remove the parking from the beach and allow its use for recreation. Building a parking garage on the same location only concentrates the prOblem and blights the visual access to the beach and gulf. The Clearwater Beach Association urges the commission to continue to work on the parking location problem rather than approve a parking garage building that will detract from Beach Walk and Clearwater Beach. Sincerely, David MacNamee, President Clearwater Beach Association 9/18/2003 . +_) (\ I :7.T--- .i'J / I ,..\.1 -r I A Parking Garage On the Beach I support Beach Walk with one strong exception: Taking any part of the land west of Coronado for a parking garage. The public has in the past voiced strong opposition to development in this area south of Pier 60. We need to continue to respect that. People come to CWB for the obvious... the Beach. This is what makes Clearwater and CWB a destination. Why in the world would we remove part of the attraction to build a parking'garage on it? Interfere with that and you have killed the chicken that lays the golden eggs. Part of the lure of CWB is created by the crowd and the crowded conditions. The crowded conditions of limited parking help people plan and make choices on coming to CWB. Follow the twisted logic of this design proposal: We are taking part of the beach with the effect that fewer people will NOW fit on the beach, because we made extra room for more vehicles belonging to people who NOW don't have enough room to play on the beach. Placing a multistory garage will block the view and the economic value and tax base of the much of the property east of Gulf View for hotels, the very purpose that YOU are doing this proiect. The value of this land both publicly and economically is the highest on cwe. (Similar to the Bluff in the City.) It will repeat an error that many citizens feel was a mistake; placing the Main Library on the Bluff. I wonder how many cities with only 1.1 miles of prime public beach have abused its economic value by building a parking structure? Most urban planners will express dismay at the use of that beach land for a non-productive, negative return investment like a public parking garage. The only way I believe you can gain citizen support for parking west of Coronado is if it were part of a hotel like the past "Marriott" development as a public/private venture. The only positive revenue from a garage is for limited use (peak season, peak weekend crowds.) The majority of the time, perhaps 70+0/0, the garage will be a loss. Mayor Aungst correctly said, "The only way we can get the numbers to work is if we use public land." Is there a message in that statement? A bad idea gets only worse. Who will be a large number of the users? Many will be day-trippers outside of Clearwater, including people from Hillsborough & Pasco. Many of these people will neither be shopping or eating at our merchants. Many bring their snacks and beverages. Why should Clearwater taxpayers and merchants pay for their convenience when they will return zero to our city's economic base? If you can get the county to pay for the garage and it is located east of Coronado, I will applaud and support you 1 00010. As a commission, you have met the promise of past commissioners to add parking for the beach and for the merchants with the Pelican Walk Garage. Before we plan and build a second garage, lets wait to see what the true market turns out to be for a garage, not some whimsical projections. In closing, a couple of years ago when Beach By Design was in its infancy, I asked you and the staff to be cautious in redesigning the streets for traffic. If the flow and efficiency is compromised, the City residents on Sand Key will choose to use the Belleair Causeway Bridge and shop and eat outside of Clearwater. The economic loss will be Clearwater's. Thank you Nick Fritsch 595-6528 \.~('P~i~:.t.~ l'Cj~ ~.- "'.'\"\F::\~\ON .~.\) \\1 \ .'..' ,.... SEP , 8 2003 ..1 F{ ~:t: ~: : ..,..,,'nRNEY "i .::S\' I J\\ - ::::.ep-.l/-u':) UO:'I-::H-\ l'ollXLH1~Mlur'I~II_ ,'-, ........, ......"..1'- .:tf 'i I .- -,-,,,, C?/18/ 0 3 ~02 J Lt-{)5~ ~: J.~VltAoY' 0 /" . . . eEI'l~~ -~ " ~~:U. ;tk - I ~j ) M.f AI t? rfIL A J!//ljtf.; ~ A- ./ -~~ - v &11. ~ ~ ~ /~ 0ftL Kt;r4';'L ~.. ~~ ~ t>~ --.--....-... -- .' I , / ' .J! I /J"--#(.! "j- / / ~ I)/L.} ., ~...I(pfl. ,"'-" ' I ~!Jo ^ 0 ~___ ~ Lv I5'^- -tAe- -----. -- --- l!!~1~ /;)ft:/<J )J I &~'Y/~ ~P8d'~7" ~ ~ a~ al7~/ .~ r~'~ - ~ tuL ,iv~ ~ ~ ;1:Ze 12;2ttZ (~tu!lh~1J - . ~ . )~~ 6y 7-lfpO~) au1 t-f~L AI ~\.- GD/rl5&J Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # t.f }, Meeting Date: 09/18/03 SUBJECT/RECOMMENDATION: Approve the Markopoulos project term sheet and provide direction regarding the proposal of a "one way" south for South Gulfview contiguous to the Markopoulos property. [8] and that the appropriate officials be authorized to execute same. SUMMARY: The City and Mr. Antonios Markopoulos (the Developer), the owner of the Day's Inn. Beach Tower, Spy Glass and Golden Beach hotel properties on Clearwater Beach, have discussed the general development "terms" that may lead to an application for a new large resort hotel on Clearwater Beach. Pursuant to that end, the parties have developed a "Term Sheet" which identifies the framework for a development agreement, site plan, design and street vacation application for the proposed project. While the City Administration and the Developer mutually agree on the attached Term Sheet, there is one significant disagreement. This disagreement relates to the desire of the Developer to modify the traffic pattern on South Gulfview to a "one way" pattern to the north and west side of his property. The term sheet proposes the following framework for the proposed new resort project: 1. The hotel will be a national or international "flag" consistent with the criteria in Beach By Design and will not be a Day's Inn or any of its affiliates. If the property does not obtain a flag as described in Beach By Design the Development Agreement will provide specific standards for the quality; operation and maintenance of the facility. 2. The project will contain up to 450 rooms, but no less than 350 hotel rooms. A mix of condominiums is allowed subject to the proposed "mix" of units in the project. No more than 250 units will be utilized from the Bonus Density Unit Pool in Beach By Design. The Developer, at his option, may apply for additional density using Transfer of Development Rights for the project. 3. One pedestrian bridge may be constructed by the Developer, at his cost, over South Gulfview and will be open and accessible to the public on both sides of the bridge. There shall be no requirement that the public be permitted ingress to the resort property. 4. The City will design and permit Beachwalk (including improvements to South Gulfview and Coronado). There will be no "eyebrow" parking contiguous to the Developer's property (Note - this is no longer a recommended component of the Beachwalk design), subject to amendment of the Seashell development agreement. The City will vacate the portions of South Gulfview not required for the roadway redesign. NA Originating Oept: () J&' Economic Development IJ~ User Dept. nIt!, Economic Developmentl ~ Attachments Markopoulos Term Sheet Project Concept Site Plan Project Concept Elevation Costs -0- Total . Reviewed by: PIA. Legal ~ Budget NA Purchasing NA Risk Mgmt NA Info Tech Public Works DCM/ACM Other Funding Source: ~ilollmprovemt'nl Current Fiscal Year ~r;)tin8 ~, Submitted by: ~..^ ).t.,.,........ (it Mana er ~ p~ Print~ on recyd~ poIPef' Appropriation Code: o None Rev. 2198 5. The Developer will dedicate 18 feet of land along the western boundary of Coronado adjacent to the Developer's property. 6. The Developer will pay for a pro rata share of the South Gulfview and Beach Walk improvements in which the Developer's share will represent the per cent of frontage the Developer owns on the project as a proportion of the overall frontage (same formula as the Seashell development agreement). 7. The City's portion of any transportation impact fees paid by the Developer will be credited toward the Developer's share of the South Gultview and Beachwalk improvements. 8. The Developer will file for vacation of the First Street right of way contiguous to his property and dedicate 60 or 80 feet at the south end of his property for a new easUwest street. If South Gultview is one way contiguous to the Developer's property, then the dedication will be 80 feet and if two way the dedication will be 60 feet. These actions will be contingent upon commencement of the construction of the project. 9. The City and the Developer agree to coordinate and cooperate regarding the construction of the South Gultview and Beachwalk project and the Developer's project and the City agrees to use reasonable diligence to complete the South Gultview and Beachwalk improvement by a date certain, to be determined in the development agreement, with the intent of finishing the project prior to the Developer obtaining a certificate of occupancy for his project. ONE WAY VS. TWO WAY SOUTH GULFVIEW TRAFFIC The Beachwalk design concept identifies South Gultview as a two way (one lane in each direction) section for the entire length of South Gultview in its relocated form. The Developer has proposed a one way format with two lanes moving south to the southern end of his project which would intersect with a new easUwest street between his project and the Seashell project. The following "pros" and "cons" have been identified relative to this decision. Pros . The Developer believes the one way proposal provides a more marketable environment for the redevelopment of his project. . The one way section would provide higher capacity for south bound traffic wanting to patronize South Gultview. . Eliminates left turn conflicts at Coronado and South Gultview at the northern end of the Developer's project. . Would allow the moving of the traffic light at Coronado and South Gulfview south to the new easUwest road which would provide additional stacking from the roundabout. Cons . Would create some confusion regarding traffic circulation in the south beach area for new visitors. . Coronado will need an additional lane fronting on the Developer's property to make up lost capacity for north bound traffic that will now be rerouted to Coronado on the new easUwest street. . May create higher traffic speed, unless traffic calming is introduced. . Generally, one way traffic is considered less "pedestrian friendly" than two way traffic (assuming the same lane widths) by traffic engineers. 2 SUMMARY Administration is requesting direction regarding the points summarized above in the proposed Term Sheet. There is a single point of disagreement that Administration and the Developer have not resolved related to the one way or two waying of South Gulfview contiguous to the Developer's property. Administration recommends the two way option. 3 Term Sheet 1. The Purpose of this term sheet is to establish a basis for the negotiation and consideration of a development agreement for property owned by Antonios Markopoulos (d/b/a Day's Inn). Kolossos Inn (d/b/a Beach Towers), T.M. Megas L.C. (d/b/a Spy Glass) and T.M. Megas, L.C. (d/b/a Golden Beach), (collectively "Markopoulos"), and the City of Clearwater. Markopoulos owns parcels totaling approximately 3 acres along South Gulfview Boulevard and Coronado Avenue (the "Markopoulos Property"). 2. Markopoulos shall submit an application for a Development Agreement pursuant to section 4-606 of the Land Development Code, for the Markopoulos properties. The parties agree as follows: a. The project shall include the following components: (1 ) the hotel shall be a resort destination hotel facility under a national or international flag or other comparable marketing affiliation or property consistent with applicable requirements contained in Beach by Design; the parties agree that neither "Days Inn" nor any of its affiliates shall be considered flag which meets the requirements of this section. In the event Markopoulos does not obtain a flag, the Development Agreement will provide specific standards for the quality, operation and maintenance of the facility. b. The project may include the following components: (I) subject to site plan approval and compliance with the criteria established in Beach by Design, the project may consist of no more than 450 and no less than 350 hotel rooms and shall use no more than 250 hotel units from the density pool established by the City pursuant to Beach by Design. The project may include residential condominium units. If the project includes residential condominium units, then the number of hotel units shall be reduced as follows: 4 hotel room = 3 condominiums. For example: the project may consist of 450 hotel rooms or 350 hotel units and 75 residential condominiums. Markopoulos may, at his option, apply for the use of Transfer Development Rights (TORs) to add condominium density units from other property on Clearwater Beach and transfer said density to the proposed resort. c. Pedestrian Bridge: At Markopoulos's option and expense, the project may contain one pedestrian bridge (the "Bridge") licensed by the city originating on the Markopoulos property, crossing over South Gulfview Boulevard to the beach west of South Gulfview Boulevard, and containing, as a component, a public beach concession to the extent available. If included in the project, the bridge will be a part of the project owned by Markopoulos, but will serve the public, meaning that the public shall have access to the street level on both sides of the bridge. Revised 8/29/03 However, there shall be no requirement that the public be permitted ingress into the hotel. d. The City shall plan, design and permit roadway improvements to South Gulfview and Coronado A venue as follows: (1) The roadway shall be no more than two lanes on Gulfview. The design shall allow for adequate pedestrian crossing points and a pedestrian bridge, over/across South Gulfvicw from the Markopoulos Property, which shall be add ressed in the development agreement. The redesign shall not include any eyebrow parking on that segment of South Gulfview Boulevard between the Markopoulos property and the beach. The City will remove all on-street parking on Gulfview in front of the Markopoulos Property subject to the provision of additional public parking in the Markopoulos Property and subject to amendment of the Seashell Development Agreement. The City shall initiate and process a vacating petition for those portions of the existing South Gulfview contiguous to the Markopoulos Property that will no longer be utilized as a roadway as a result of redesign. (2) Markopoulos shall dedicate approximately 18 feet of land along the western boundary of Coronado adjacent to the Markopoulos Property and the City shall vacate to the existing centerline of South Gulfview on the west side of the Markopoulos property. (3) The Developer shall be responsible for a pro rata share of the cost of the South Gulfview and Beach Walk Improvements which shall be equal to the net cost of the South Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the Project Site is the numerator and the total frontage along South Gulfview and Beach Walk Improvements is the denominator. SPR = (F PROJIF SGBW) x (CSGBW) SPR = Pro Rata Share FPROJ = Frontage of Project Site FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBW = Net Cost of South Gulfview and Beach Walk Improvements In the event developer pays transportation impact fees, the City's portion of such fees shall be credited to the Developer against the cost of the 2 Revised 8129/03 South Gulfview and Beach \Valk Improvements. The City shall make its best effort to secure the County's portion of the fee toward the project. e. Markopoulos shall file and the City shall process and cooperate for petition for vacation of First street in its existing location and relocation of the right of way along and adjacent to the now existing southern boundary of the Markopoulos property. The relocated right of way (the relocated First Street) shall be approximately sixty (60) feet in width if Gulfview is two-way or eighty (80) feet if GlIlfview is one-way and shall be dedicated by Markopoulos to the city. The City will consider vacation of excess rights-of-way on Gulfview Boulevard north of the Markopolllos property not required by Beachwalk or vehicular travel that may be incorporated into the Markopolllos property. The vacation of First Street and the relocation as required above shall be effective. contingent upon the commencement of the project. The parties will cooperate reasonably with respect to schedule for road closure and relocation to expedite development of the project, once commenced. 3. Project Coordination and Cooperation. The parties shall cooperate reasonably with one another to permit and not interfere with the construction of the South Gulfview Boulevard improvements, Beach Walk Improvements and construction and operation of the Project, to the extent work crews or other personnel are working at or near the Project site simultaneously. Provided that the Markopoulos share is paid when due in connection with the Project, the City will use reasonable diligence to complete the South Gulfview Boulevard and Beach Walk Improvements in front of the Project as of a date certain to be determined in the Development Agreement, it being the intent of the parties that such improvements be completed prior to the Project obtaining a certificate of occupancy. 4. It is agreed by the City and Markopoulos that this term sheet shall be treated as the basis for negotiation of a development agreement by the parties; neither party shall acquire any rights or obligations as a result of the tenn sheet. Date: Antonios Markopoulos CITY OF CLEAR WATER By: Date: Kolossos Inn, Inc. By: Date: Anthony Markopolllos, alkJa Antonios Markopoulos, President T.M. Megas, L.c. By: Antonios Markopoulos. Manager Date: 3 Revised 8/29/03 e*. j. iil,1 1111 ~.,....~~ ..*. . *'" ,..: .~: ~', . . \ , ""r(:~ "::i!f":f;~ \;,\ r!/F; ~r;,1 , ..- ". 'l~1 'i. \ '''"l)~ '\ 7!.: .. .~:~ .I~~~\ \: \, .'/ -. "1'l~ \ \ '''If'' ;"'ill" ~,~. \', ~ ' ~" ".i(i: i~'l: \ \ t" ~,J ,!",,, l . r.J...: ~ ~ "W: ,,_~; , ;;~ ~ ~ \ ,.~ ii t _ ~., ~t - A.t:,., -, l.; . .....: '.' : -if jl ; j: }~,;,ri ,/Jr.)., \ /~~ .i/:: ~:~'f '1': IA I~ ,j;\tr Ii"";: ~{ "9 ,i/ 'i:;:s: ~'.,,~ .~l I .i~;~" . :~Mf .~ I c. .! ."fi 41 ';:.j .~~ ,.. tl' "'''1 j I d ~f ..,... t' .. "';~~ i, ;: r;'.'e '.'. .....h (~;j .. .~ . :,. .~~ i~b' :~I~; .... '''.~ /'" . ~; l_ .~~,~i':: . 'j~~1io ~~ ,~{ ,;;?~, .) ...""- ... ~. "-;'; ,'. ..:;",,' '. of" ..".Jri :t;l';:' ~./.. . ':~; i ...... .. A' I ill'l 11\ I I .J,,3N80lJ.V / );8310 S8::Jl:ld tOOl g t d3S l';()/SSH'VI''10Q en S3IdO~) -e h : 'lfCJ -~''t '~"" .t. .] .~ ~~ ~~ ;.t ~ J ,f J.'lo. , :; h ~ I g :1' ~ l"j j i.l' 1: ~ ! !I ,/ " ., 10 s:: ~ -~ ~ Q ~ \..J ~ ~ ~ ~ ~ ~ ~ ~ .\:3 ~ t3 ~ ~ I I I I I \ ......., I n \ J !,II \ ~ 11 ! I) , 1"1 , U \ * /1 ,1 ~ : I ~~I :'1' i i 'ts" . 1.;. ~ . ! i~ , . i~ l\,<{' ~~~T *" ! ~-'~ I ~ ~ -~ ~ C4 ~ \..) ~ \U ~ ~ ~ ~ t ~ \U .~ U \U ~ . CcnJant: Lodging Franchises Page I llf 1 Ham, About CENOANT Invcstor Ccnter Media Center franchising C~rer.r5 with ClNO~ Sl'.\rch ,t; C I ': 1). \ N T ConlilU lh al)oll t .~:':ut Cendant > Hospitality Serv/t'!:, > Lod~ Hospitality Services Lodging Franchises Ccndant is the world's l~rgest franchiser of hotels with more them 6,'\00 hotels and nearly 540,000 rooms on five continents. Every year our nine hotel brands-Amenhost Inn, Days Inn, Howard Jotlnson, Knights Inn, Ramaaa, Super S, Travelodge, Villager, Wingate Inn-welcome millions of pleasure and business travelers. From Florida to Alaska, China to South Africa, you'll find a Cendant brand hotel awaiting you. .. ~ .. . Ii] ~. lll'!Ul'm ...........- -... .. A Villages- ......11,"... ~ All Cendant logos and marks as well as all other proprietary materials depicted herein are the property of Cendant C;orporallo.n. _.... . _ ... . .(,(;) Copyright 1999-2003. All rights reserved. Our policies: Privacy Policy I Terms of Use Policy I Email Attachment Policy http://www.cendant.com/about-cendantJhospitality-servicesllodgin~franchises.htm I 9/17/2003 1 " -( . l : f : / . i i .r !- "\ '1. -;'4 .:I~ ' t., 'J ]':i ;:'llt ~ ~~ '.:}a;H 0.0 0.0 0.0 0.0 . .. ;"~"-' . ! '... . I, : ~\I, ,..1 .;tf{ _. _' f'fl .. titt.::-,.: ,,~.~i . v..I~~~ ~ .. ,"-... ~. I'.' ~ .,\., :.....~. [" ,--.:::J!!!. .. , - --. " .r--.~, .. ~..~\<'.t'!~l~ ' ~~ ..~~' ;:. .~. c: r . ~i ~ r= ~. !' . ~. _. .11 .. 1 ~ . ..;;:.-: i .' "---.i'~~' ~.:1. .ft. ~ <~ '.. I ,1 \ . ....,. ,'" t - -,"~' ,-:- \ .. . ~ttI' . f -,,~,'.. . . I ';1', . '.\ '..' -\ ~q "\ I ,( j .'- I ... 'I r I.;. I' - II} \ r.', . .. I..~ 't'. .f'.....!.) ~ -1." .. ~ t,,/ . I t ;J/ J. . ,.., " I( . . ..r< t .; ./ TERM SHEET I. The Purpose of this term sheet is to establish a basis for the negotiation and consideration of a development agreement for property owned by Antonios Markopoulos, Kolossos Inn, Inc. (d/b/a Beach Towers), T.M. Megas L.C. (d/b/a Spyglass and d/b/a Golden Beach), together with Paradise Beach Resort, Inc. (d/b/a Days Inn), as lessee of that property on which the Days Inn hotel on Clearwater Beach is operated (collectively "Markopoulos" or the "Developer"), and the City of Clearwater, Florida (the "City"). Markopoulos owns parcels totaling approximately 3 acres along South Gulfview Boulevard and Coronado Avenue (the "Markopoulos Property"). 2. Markopoulos shall submit an application for a Development Agreement pursuant to section 4-606 of the Land Development Code, for the Markopoulos properties. The parties agree as follows: a. The project (hereinafter, the "Project" or the "project") shall include the following components: ( 1) The hotel shall be a resort destination hotel facility under a national or international flag or other comparable marketing affiliation or property consistent with applicable requirements contained in Beach by Design~ the parties agree that neither "Days Inn" nor any of its current affiliates shall be considered flag which meets the requirements of this section. In the event Markopoulos does not obtain a flag, the Development Agreement will provide that, for a period of ten (10) years, the hotel be inspected, approved and accepted by the American Automobile Association. b. The project may include the following components: (1) Subject to site plan approval and compliance with the criteria established in Beach by Design, the project may consist of no more than 450 and no less than 350 hotel rooms and shall use no more than 250 hotel units form the density pool established by the City pursuant to Beach by Design. The project may include residential condominium units. If the project includes residential condominium units, then the number of hotel units shall be reduced as follows: 4 hotel room= 3 condominiums. For example: the project may consist of 450 hotel rooms or 350 hotel units and 75 residential condominiums. Markopoulos may, at his option, apply for the use of Transfer Development Rights (TORs) to add condominium density units from other property on Cleanvater Beach and transfer said density to the proposed resort. c. Pedestrian Bridge: At Markopoulos' option and expense, the project may contain one pedestrian bridge (the "Bridge") licensed by the City originating on the Markopoulos Property, crossing over South Gulfview Boulevard to the beach west of South Gulfview Boulevard, and containing, as a component, a public beach concession to the extent available. If included in the project, the Bridge will be a part orthe project owned by Markopoulos, but will serve the public, meaning that the public shall have access to the street level on both sides of the Bridge. However, there shall be no requirement that the public be permitted ingress into the hotel or condominium portions of the Project or related amenities on the Markopoulos Property. d. The City shall plan, design and permit roadway improvements to South Gulfview Boulevard (hereinafter also known as "Gulfview," "South Gulfview") and Coronado Avenue as follows: (I) The roadway shall be no more than two lanes on Gulfview. The design shall allow for five (5) pedestrian crossing points across South Gulfview Boulevard (the "Crossings"), in addition to the Bridge, the locatiol's and design of which shalt be addressed in the development agreement. One of the Crossings shall be co-located with the Bridge tor street-level pedestrian access. Further, the redesign of South Gulfview Boulevard shall provide for a vehicular traffic speed limit of fifteen (15) miles per hour in front of the Markopoulos Property. The redesign shall not include any eyebrow parking on that segment of South Gulfview Boulevard between the Markopoulos Property and the beach. The City will remove all on-street parking on GulfView in front of the Markopoulos Property, subject to the provision of additional public parking equivalent to the on-street parking removed in front of the Markopoulos Property, and subject to amendment of the Seashell Development Agreement. The on-street parking proposed for removal in front of the Markopoulos Property is approximately fifteen (15) spaces. The City shall initiate and process a vacating petition for those portions of the existing South GulfView contiguous to the Markopoulos Property that will no longer be utilized as a roadway as a result of redesign. (2) Contingent upon the City's approval of a related development agreement and the vacation provided below, Markopoulos shall dedicate to the City approximately 18 feet of land along the western boundary of Coronado adjacent to the Markopoulos Property, and the City shall vacate to the existing centerline of South Gulfview on the west side of the Markopoulos Property. (3) The Developer shall be responsible for a pro rata share of the cost of the South GulfView and Beach Walk Improvements which shall be equal to the net cost of the South GultView and Beach Walk Improvements multiplied by a fraction in which the front footage of the Markopoulos Property is the numerator and the total frontage along South GulfView and Beach Walk Improvements is the denominator. SPR = (F PROJ/F SGBW) x (CSGBW) SPR = Pro Rata Share FPROJ == Frontage of Project Site FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBW = Net Cost of South Gulfview and Beach Walk Improvements In the event the Developer pays transportation impact fees, the City's portion of such fees shall be credited to the Developcr against the cost of the South Gulfview and Beach Walk Improvements. The City shall make its best effort to secure a credit of the County's portion of the fee toward the project. e. Contingent upon the City's approval of the proposed devclopment agreement and the vacation and relocation of First Street as prO\.;ded below, Markopoulos shall file and the City shall process and cooperatc for petition for vacation of First street in its existing location and relocation of the right of way along and adjacent to the now existing southern boundary of the Markopoulos Property. The relocated right of way (the relocated First Street) shall be approximately sixty (60) feet in width, and shall be dedicated by Markopoulos to the City.. The vacation of First Street and the relocation as required above shall be effective, contingent upon the commencement of the project. The parties will cooperate reasonably with respect to schedule for road closure and relocation to expedite development of the project, once commenced. 3. Project Coordination and Cooperation. The parties shall cooperate reasonably with one another to permit and not interfere with the construction of the South Gulfview Boulevard improvements, Beach Walk Improvements and construction and operation of the Project, to the extent work crews or other personnel are working at or near the Project site simultaneously. Provided that the Markopoulos share is paid when due in connection with the Project, the City will use reasonable diligence to complete the South Gulfview Boulevard and Beach Walk Improvements in front of the Project as ofa date certain to be determined in the Development Agreement, it being the intent of the parties that such improvements be competed prior to the Project obtaining a certificate of occupancy. 4. It is agreed by the City and Markopoulos that this tenn sheet shall be treated as the basis for negotiation of a development agreement by the parties; neither party shall acquire any rights or obligations as a result of this term sheet. Date: Antonios Markopoulos Kolossos Inn, Inc. By: Anthony Markopoulos, alkla Antonios Markopoulos, President Date: T.M. Megas, L.e. By: Date: Antonios Markopoulos, Manager CITY OF CLEARWATER By: Print Name: Print Title: Board of City Commissioners Approval Date: IJ~Js~tS.I:JE.EI 1. The Purpose of this term sheet is to establish a basis for the negotiation and consideration of a development agreement for property owned by Antonios Markopoulos- (d/b/a Day's Ino), Kolossos Inn,.1qc-, (d/b/a Beach Towers), T.M. Megas L.C. (d/b/a Spy- glass and_c.!/hL~l_.cLQ.I.dcn.B~;!.~11) and T.M. Megas, L.G. (d/b/a Golden Beaell), li).,g~tb~[}\'itll P aradise a_~jtch J~~~Q.D...lnc-,-U1LQb1l2m']JnDJ~_<l~1~~~~_e_Q f t ha t _ n LQQW Y..Q!L\vh ii:JL!.!l~j)ay_~_ Inn holel on CI~nJ'\\:~J~.rJ3.~<)~h.j~.ppl>J~lcd (collectively HMarkopoulos" or the ~.'.pc~!;lQP-cr.~), and the City ofClearwater,J]Qlli!nJt!w_.~'iJ.t.i.J. Markopoulos owns parcels totaling approximately 3 acres along South Gulfview Boulevard and Coronado Avenue (the "Markopoulos Property"). 2. Markopoulos shall submit an application for a Development Agreement pursuant to section 4-606 of the Land Development Code, for the Markopoulos properties. The parties agree as follows: a. The project Ll.1.('r~I.Dj1.n~f.:...1l!g..:.Enti~C;.L~I.LrJg~~n.r_\)j~~--r:1-shall include the following components: (1) t-heIhe hotel shall be a resort destination hotel facility under a national or international flag or other comparable marketing affiliation or property consistent with applicable requirements contained in Beach by Design; the parties agree that neither "Days Inn" nor any of its current affiliates shall be considered flag which meets the requirements of this section. In the event Markopoulos does not obtain a flag, the Development Agreement will provide specific standards for thtHtuality, operation and maintenanoo of that \. (D.L...1....!)~J'lillL')rLt;JLLLm.j~~nI~,Jhe facilityhotel be ill~q.Wl~tl.~d. approved and accepted by the American Automobile Association. b. The project may include the following components: (1) sS,ubjectto site plan approval and compliance with the criteria established in Beach by Design, the project may consist of no more than 450 and no less than 350 hotel rooms and shall use no more than 250 hotel units form the density pool established by the City pursuant to Beach by Design. The project may include residential condominium units. If the project includes residential condominium units, then the number of hotel units shall be reduced as follows: 4 hotel room= 3 condominiums. For example: the project may consist of 450 hotel rooms or 350 hotel units and 75 residential condominiums. Markopoulos may, at his option, apply for the use of Transfer Development Rights (TORs) to add condominium density units from other property on Clearwater Beach and transfer said density to the proposed resort. c. Pedestrian Bridge: At Markopoulos's option and expense, the project may contain one pedestrian bridge (the "Bridge") licensed by the aCity originating on the Markopoulos ~f}roperty, crossing over South Gulfview Boulevard to the beach west of South GulfView Boulevard, and containing, as a component, a public beach concession to the extent available. Ifincluded in the project, the bnridge will be a part of the project owned by Markopoulos, but will serve the public, meaning that the public shall have access to the street level on both sides of the Ubridge. However, there shall be no requirement that the public be permitted ingress into the hotel or condominiulll portions. of the PJ'oj~_g..J.2udnt,l:d(lnJcnitil's QIl thl? .~.larkopo.lIlos Pmp,crly. d. The City shall plan, design and permit roadway improvements to South GultView .!lQ.u~_~~;mJ ..(!lGLt;.i1l nl l,t.:r. il.! ~p..k!!m Y.lLil~..~:.0.pl!\ iew~':. :.'S p\1.lll..0..I!.I.t\,jgw'~ 1. and Coronado Avenue as follows: (1) The roadway shall be no more than two lanes on Gulfview. The design shall allow for adeEtWlte-H \\' ( :.) pedestrian crossing points Dnoss..SPJ!th. GultView BOll!~~'mJUJl)~'._:.:.Cll)~:i!.!g;~.'~J.,j!l_n_~tQ.itj~mJQ_and a pedestrian th~. b~ridge>Jhe locatinlls.mlcLc.i~sign__<2Cwhich shall be addressed in the development agreement. J)t11? ,pI' the Crossillg.~_shall be cQ.:..li~~~l~~l with thcJ~ridge for street- level p~dcst rian aq:~~.:._...EurthcLJ he Jed~Jiign Q[S~~mlll..Q!!H~L~-,.yJhtlllc\':!lnLshC!lL nrovidc for a V~hLGhllliLtrfitlJ.c;_~P'~CQJj.IJ.1j.L9Ltit~glJjl~.Jllik~_ps.cllQJ.lr in front of the Markopoulos Propertv. The redesign shall not include any eyebrow parking on that segment of South GultView Boulevard between the Markopoulos ~property and the beach. The City will remove allan-street parking on Gulfview in front of the Markopoulos Property~ subject to the provision of additional public parking ~qllivalellt to the oil-street parking removed in lh~nl otthe Markopoulos Property,. and subject to amendment of the Seashell Development Agreement. The ol!-slr<;'~Lm\L~ing,'p-tQP.Q~~l tor rem!-lVu.Lul ft'O!ll of t h~ Markopoulos Property. is ?-'npm~D111.t~lvJinccn ( I.~lli_accs, _The City shall initiate and process a vacating petition for those portions of the existing South Gulfvjew contiguous to the Markopoulos Property that will no longer be utilized as a roadway as a result of redesign. (2) Contingent upon the Citv's approval of a related development agreement and the vacation provided below. Markopoulos shall dedicatewf.lll', (:iIJ'.approximately 18 feet of land along the western boundary of Coronado adjacent to the Markopoulos Property,. and the City shall vacate to the existing centerline of South GultView on the west side of the Markopoulos ~property. (3) The Developer shall be responsible for a pro rata share of the cost of the South Gulfview and Beach Walk Improvements which shall be equal to the net cost of the South Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the Project Site ~'I<u:lwp-oulos Propert\' is the numerator and the total frontage along South Gulfview and Beach Walk Improvements is the denominator. SPR = (F PROJ/F SGBW) x (CSGBW) SPR = Pro Rata Share FPROJ = Frontage of Project Site FSGBW = Total Frontage along South GlIlfview and Beach Walk Improvements CSGBW = Net Cost of South GlIlfview and Beach Walk Improvements In the event Lltt;. Qeeveloper pays transportation impact fees, the City's portion of such fees shaH be credited to the Developer against the cost of the South Gulfview and Beach Walk Improvements. The City shall make its best effort to secure 'LCXc(!ilj)f.the County's portion of the fee toward the project. e. C(l!lJlng~[IL.upon the Citv's ;Jlm.r1-~~1LDJ.ihc 12rQnn~cd ~_\..:t?J~}nll1L'nL agreement and tIle v~Jltinn al}11 rclocation oLEirsL~treclll.:~pn)\'idc~L.Q~LQ~_Markopoulos shaH file and the City shaH process and cooperate for petition for vacation of First street in its existing location and relocation of the right of way along and adjacent to the now existing southern boundary of the Markopoulos p~roperty. The relocated right of way (the relocated First Street) shall be approximately sixty (60) feet in width, tfGulwiew is two- way or eighty (80) feet if GulMc\'1 is one way and shall be dedicated by Markopoulos to the e!::ity. The City will consider vacat~ion of excess-flgflts-ef-way-en-Gulfview-Beulevard north of the Markopoulos pProperty not required by the..:.Bcach::wWal*-lm.pn,w~m_e.!lt~'ef- vehieular travel thatlQJ:.-may be incorporationed-inte-tfle-MaFk-epeules-pe-repeFt-y. The vacation of First Street and the relocation as required above shall be effective, contingent upon the commencement of the project. The parties will cooperate reasonably with respect to schedule for road closure and relocation to expedite development of the project, once commenced. 3. Project Coordination and Cooperation. The parties shall cooperate reasonably with one another to permit and not interfere with the construction of the South Gulfview Boulevard improvements, Beach Walk Improvements and construction and operation of the Project, to the extent work crews or other personnel are working at or near the Project site simultaneously. Provided that the Markopoulos share is paid when due in connection with the Project, the City will use reasonable diligence to complete the South Gulfview Boulevard and Beach Walk Improvements in front of the Project as of a date certain to be determined in.the Development Agreement, it being the intent of the parties that such improvements be competed prior to the Project obtaining a certificate of occupancy. 4. It is agreed by the City and Markopoulos that this term sheet shall be treated as the basis for negotiation of a development agreement by the parties; neither party shall acquire any rights or obligations as a result ofthi~e term sheet. Date: Antonios Markopoulos Kolossos Inn, Inc. By: Anthony Markopoulos, aIkIa Antonios Markopoulos, President Date: T.M. Megas, L.c. By: Antonios Markopoulos, Manager Date: CITY OF CLEARWATER By: Print Name: Print Title: Date: Board of Citv COJllmissioners AI?I?Iovnl _J>Q\.9_~_ .. . , . . ~ ~~7 'QJ--C o..~ '{" * 1\ ~ Term Sheet 1. The Ppllrpose of this tenn sheet is to establish a basis for the negotiation and consideration of a development agreement for property owned by Antonios Markopoulos (d/b/a Day's Inn), Kolossos Inn~ (d/b/a Beach Towers), T.M. Megas L.C. (d/b/a Spy Glass and d/b/a Golden Beach) and T.M. Mega!;, L.C. (d/b/a Golden Beal:lh), together with Paradise Beach Resort, Inc. (d/b/a Days Inl1), as lessee of that property Oil which the Days Il1n hotel 011 Clearwater Beach is operatcd (collectively "Markopoulos" OJ' the "Dcveloper"), and the City of ClealWater, Flotida (the "Cit""). Markopoulos owns parcels totaling approximately 3 acres along South Gulfview Boulevard and Coronado A venue (the "Markopoulos Property"). 2. Markopoulos shall submit an application for a Development Agreement pursuant to section 4-606 of the Land Development Code, for the Markopoulos properties. The parties agree as follows: a. The project (hereinafter, the "Project" 01' the "nroject") shall include the following components: (1) Tlhe hotel shall be a resort destination hotel facility under a national or international flag or other comparable marketing affiliation or property consistent with applicable requirements contained in Beach by Design; the parties agree that neither "Days Inn" nor any of its ClIlTen! affiliates shall be considered flag which meets the requirements of this section. In the event Markopoulos does not obtain a flag, the Development Agreement will provide specific standards for the quality, operation and maintenance and that. for a pcriod of tcn (10) years. at: the faeility hotcl wi II be inspected. approvcd and accCDtcd by the American Automobile Association or othcr mlltually acceDtablc rating organizations. b. The project may include the following components: (I) ~6ubject to site plan approval and compliance with the criteria established in Beach by Design, the project may consist of no more than 450 and no less than 350 hotel rooms and shall use no more than 250 hotel units from the density pool established by the City pursuant to Beach by Design. The project may include residential condominium units. If the project includes residential condominium units, then the number of hotel units shall be reduced as follows: 4 hotel room = 3 condominiums. For example: the project may consist of 450 hotel rooms or 350 hotel units and 75 residential condominiums. Markopoulos may, at his option, apply for the use of Transfer Development Rights (TORs) to add condominium density units from other property on Clearwater Beach and transfer said density to the proposed resort. . c. Pedestrian Bridge: At Markopoulos's option and expense, the project may contain one pedestrian bridge (the "Bridge") licensed by the Ceity originating on the 1 Revised 8/29103 Markopoulos rllroperty, crossing over South Gulfview Boulevard to the beach west of South Gulfview Boulevard, and containing, as a component, a public beach concession to the extent available. If included in the project, the el3ridge will be a part of the project owned by Markopoulos, but will serve the public, meaning that the public shall have access to the street level on both sides of the !!13ridge. However, there shall be no requirement that the public be permitted ingress into the hotel or condominium portions of the Proiect or related amcnities on thc ~vlarkopoulos Properl\'. d. The City shall plan, design and permit roadway improvements to South Gulfview Boulevard (hereinafter also known as "Gulfview". or "South Gulfvicw") and Coronado Avenue as follows: R-t,,~ 8I29J03 (1) The roadway shall be no more than two lanes on Gulfview. The design shall allow for adequate pedestrian crossing points and a pedestrian bridge, over/across South Gulfview from the Markopoulos Property, which shall be addressed in the development agreement. Onc of the crossings shall bc co-Iocatcd with the Bridgc for strcct Icvel pcdestrian acccss. Both panics agrec that vchieular speed is a significant issuc on South Gulfview and agrec to usc best erforts to achicve appropriate traffic calming, Subicct to the amendment of the Seashcll DcveloJ)lllcnt Agrccment. t+he redesign shall not include any eyebrow parking on that segment of South Gulfview Boulevard between the Markopoulos property and the beach. Subiect to the amcndmcnt of thc Seashell Dcvclopmcnt Agrccment. t+he City will remove all on-street parking on Gulfview in front of the Markopoulos Property subject to the provision on the Markopoulos Propel1 y of additional public parking equi valent to the on- street parking removed in front of the Markopoulos PropertyaRd suDjeet to ameR8IMRt af Ifte Seaskell Development AgFeemeRt. The City shall initiate and process a vacating petition for those portions of the existing South Gulfview contiguous to the Markopoulos Property that will no! laRger be utilized for Beach Walk or for Gulfview as a roadway as a result of redesign. (2) Contingent upon the City's approval of a related devclomnent agrecmcnt and the vacation provided bclow. Markopoulos shall dedicate to thc City approximately 18 feet of land along the western boundary of Coronado adjacent to the Markopoulos Property.!. and the City shall vacate to the existing centerline of South Gulfview on the west side of the Markopoulos ~,roperty. . (3) The Developer shall be responsible for a pro rata share of the cost of the South Gulfview and Beach Walk Improvements which shall be equal to the net cost of the South Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the PAJjeet Site 2 MarkoDoulos Propcr{ y is the numerator and the total frontage along South Gulfview and Beach Walk Improvements is the denominator. SPR = (F PROJ/F SGBW) x (CSGBW) SPR = Pro Rata Share FPROJ = Frontage of Project Site FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBW = Net Cost of South Gulfview and Beach Walk Improvements In the event thc DEleveloper pays transportation impact fees, the City's portion of such fees shall be credited to the Developer against the cost of the South Gulfview and Beach Walk Improvements. The City shall make its best effort to secure a credit or the County's portion of the fee toward the pProject. e. Contingent upon the Citv's approval of the proposcd develoPlnent agreement and the vacation and relocation of First Street as provided below, Markopoulos shall file and the City shall process and cooperate for petition for vacation of First 6 ~treet in its existing location and relocation of the right of way along and adjacent to the now existing southern boundary of the Markopoulos ~property. The relocated right of way (the relocated First Street) shall be approximately sixty (60) feet in width if Gulfyiew is twa way er eighty (80) feet if Gulfview is aRe way and shall be dedicated by Markopoulos to the Ceity. The City will eeRsider vaeatioR ef exeess rights ef ':Iay OR Gulf'/ie,>> BeuleyafEI Rolth ef die Markepeules prepelty Ret FeEluiFeEl hy Beaehwalk er ',ehieular tfa'/el dlat fRay he iReerporatec:i iRto die Markopeules prepefly. The vacation of First Street and the relocation as required above shall be effective, contingent upon the commencement of the project. The parties will cooperate reasonably with respect to schedule for road closure and relocation to expedite development of the project, once commenced. 3. Project Coordination and Cooperation. The parties shall cooperate reasonably with one another to pennit and not interfere with the construction of the South Gulfview Boulevard improvements, Beach Walk Improvements and construction and operation of the Project, to the extent work crews or other pen;onnel are working at or near the Project site simultaneously. Provided that the Markopoulos share is paid when due in connection with the Project, the City will use reasonable diligence to complete the South Gulfview Boulevard and Beach Walk Improvements in front of the Project as of a date certain to be determined in the Development Agreement, it being the intent of the parties that such improvements be completed prior to the Project obtaining a certificate of occupancy. 3 Revised 8/29103 4. It is agreed by the City and Markopoulos that this term sheet shall be treated as-tRe solei v as Ihc basis for negotiation of a development agreement by the parties; neither party shall acquire any rights, dUlies or obligations as a result of thise term sheet. It is furthcr agreed thallhc partics shall ha\'e 110 ohli!!alilln to undertake an\' of Ihe actions above anulhat Ihis dOCUIllCl11 docs 1101 implv an\' llhliL!.alinn on the pan of 1111: parties 10 appnwc a dcvclopmcnI al!reemcnl. Date: Antonios Markopoulos Kolossos Inn, Inc. By: Date: Anthony Markopoulos, a/kla Antonios Markopoulos, President T.M. Megas, L.C. By: Date: Antonios Markopoulos, Manager Paradise Beach Resort, Inc. By: Date: Antonios Markopoulos, President CITY OF CLEARWATER By: Ralph Stone, Assistant City Manager Date: 4 R(',"scd 8/29103 ~L~/3 ORDINANCE NO. 7212-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTION 14.41 (2), RELATING TO FILING FEES; AMENDING SECTION 14.41(7), RELATING TO QUALIFYING PERIODS; AMENDING SECTION 14.42(1)(d), RELATING TO COMPLIANCE WITH LAWS; AMENDING SECTION 14.44(1), RELATING TO WRITE- IN CANDIDATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Supervisor of Elections issued a memorandum on September 9, 2003, regarding the scheduling of Municipal Elections in Pinellas County; and WHEREAS, the Presidential Preference Primary Election is scheduled for March 9, 2004, and the Supervisor of Elections is requiring all municipalities in Pinellas County to schedule local elections on that date; and WHEREAS, the deadline for the Supervisor of Elections to receive final ballot language from municipalities is January 2, 2004; and WHEREAS, The City Charter section 8.04 provides that qualifying shall be 45 to 60 days before the election, which is after the ballot language is due to the Supervisor of Elections; and WHEREAS, Florida Statutes 100.3605 (2) provides that a municipality may change by ordinance the dates for qualifying; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 14.41, Code of Ordinances, is hereby amended to read as follows: Sec. 14.41. Qualification for candidacy. * * * * * (2) All candidates must be at least 18 years of age and must have continuously resided in the city for at least one year as of the first day of the qualifying period. At the time of Qualifvinq for office, each candidate shall pay a A filing fee of $50.00 lA-tJ:le amount provided for in the city chaftef plus an election assessment as required by F.S. 9 99.093.:.. These amounts shall be paid from the candidate's campaign account. Candidates shall qualify without identification of party affiliation. * * * * * Ordinance No. 7212-03 (5) Each candidate shall appoint a campaign treasurer and designate a campaign depository not more than 180 days before an election, as a prerequisite to obtaining the petition cards from the city clerk. :J:Re-petltieA-Bards shcHl-be ::wailaoJe-fFem-tRe-6ity-Blerk net-mere th aR-9G-days-OefeFe-aR-eleGtiefh * * * * * (7) Candidates may file qualifying papers with the city clerk during regular business hours at the city hall during the qualifying period specified in the city charter. Any candidate may withdraw from nomination, but no fee will be refunded. For the City election of March 9. 2004, the qualifyinq period shall be December 1, 2003 throuqh December 15, 2003. Section 2. Section 14.42, Code of Ordinances, is hereby amended to read as follows: Sec. 14.42. Compliance with applicable laws. (1) All candidates shall comply with all applicable provisions of the following: (a) The federal election laws; (b) The Public Disclosure and Conflicts of Interest Act, F.S. ch. 112; (c) Those provisions of the Florida Election Code which are applicable to municipal elections, including all of F.S. chs. 97, 98, 104, and 106, and portions of F.S. chs. 99, 100, 101, and 102, a detailed listing of which shall be provided by the city clerk or city attorney to each candidate; (d) The city charter; and (e) This chapter and all ordinances GRa~ter 44 of the Code of GfGiflaRGeS of the city. (2) The omission of any provision from the above list or from any of the succeeding sections shall not be construed to excuse the candidates from compliance therewith in all municipal elections conducted pursuant to this chapter. Section 3. Section 14.44, Code of Ordinances, is hereby amended to read as follows: Sec. 14.44. Write-in candidates. . (1) Any person seeking election by write-in votes. in order to be entitled to have write-in votes cast for him counted, shall file, the following information in the city clerk's 2 Ordinance No. 7212-03 department, certified under oath, during the qualifying period specified in section 8.04 of the city charter and herein: (a) The person's name; (b) The person's address; (c) That such person possesses all of the qualifications required by law for the office of mayor-commissioner or commissioner; (d) The name and seat number of the office sought; and (e) That such person will accept the office sought if elected. (2) Upon providing the information required in subsection (1) of this section, such person shall be considered a candidate, except that such candidate shall not be entitled to have his name printed on the ballot. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: RJt{ Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. 7212-03 CDI:Z J-}gb. ~ Clearwater - o Interoffice Correspondence Sheet Date: Mayor and Commissioners ;:;J Cyndie Goudeau, City Cler~ Bill Horne, City Manager; Pam Akin, City Attorney; Garry Brumback, Assistant City Manager; Ralph Stone, Assistant City Manager September 11, 2003 December '03 and January '04 Meeting Schedule To: From: CC: RE: As requested at the September 4 meeting, I checked the dates for the Conference of Mayors' Winter meeting. It will be January 21 - 23,2004. Staff still recommends the December 2003 and January 2004 meeting schedule be: December 4 (Work Session December 1) December 18 (Work Session December 15) January 22 (Work Session January 20) We were recently informed by the Supervisor of Elections that all ballot language for the March 2004 election must be to them by January 2, 2004. This schedule will provide meetings necessary to adopt the Ordinance(s) needed for Charter amendment questions and allow for a winter break. Staff would plan the January meeting with the possibility of the Mayor's absence in mind.