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08/31/2009 WORK SESSION AGENDA Council Chambers - City Hall 8/31/2009 - 9:00 AM 1. Presentations 1.1NACWA Silver Peak Performance Awards Attachments 1.2Supervisory/Leadership Development Program Graduation Presentation Attachments 2. Office of Management and Budget 2.1Set a final millage rate of 5.1550 mills for fiscal year 2009/10 levied against non-exempt real personal property with the City of Clearwater and pass Ordinance 8099-09 on first reading. Attachments 2.2Approve the City of Clearwater Annual Operating Budget for the 2009/10 fiscal year and pass Ordinance 8100-09 on first reading. Attachments 2.3Adopt the Fiscal Year 2009/10 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8101-09 on first reading. Attachments 2.4Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2009/10 through 2019/20. Attachments 3. Marine and Aviation 3.1Approve changes to the Marine and Aviation Department Business Plan to allow fuel to be sold at market rates (as stated in current Clearwater Code of Ordinance section 33.031) and authorize the transfer of $230,000 from General Fund reserves to the Marina Fund to cover cash deficits that have occurred in last fiscal year ending September 30, 2008 and the current fiscal year ending September 30, 2009. (consent) Attachments 4. Parks and Recreation 4.1Approve First Amendment to Agreement for Professional Management Services between the City of Clearwater and Global Spectrum, L.P. for management services for the Harborview Center from September 30, 2009 through February 28, 2010 and authorize the appropriate officials to execute same. (consent) Attachments 4.2Amend sections 22.21, 22.33, 22.34, 22.35 and 22.47 of the City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation and pass Ordinance 8104-09 on first reading. Attachments 5. Police 5.1Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in FY 2009/2010 in the amount of $130,376.59 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway District Five-Year Action Plan and authorize the appropriate officials to execute same. (consent) Attachments 6. Public Services 6.1Ratify and confirm change order 1 to Ajax Paving Industries of Florida, LLC of Nokomis, Florida for the 2008 Street Resurfacing Contract (08-0015-EN), increasing the contract amount by $42,416.00, for a new total of $1,011,873.50. (consent) Attachments 7. Engineering 7.1Award a contract to APAC Southeast Incorporated of 4636 Scarsborough Drive, Lutz, Fl for the construction of the East Avenue Trail Connection from Drew Street on the north to Turner Street on the south (09-0023EN)in the amount of $289,029.25 and authorize the appropriate officials to execute same. (consent) Attachments 7.2Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 4- inch fiber optic conduit in the CSX right-of-way as part of the Hercules Avenue Fiber Optic Project, approve Wireline Crossing Agreement CSX-634515 and adopt Resolution 09-35. Attachments 7.3Approve a lease renewal between the City of Clearwater and C.L.E.M. Hospitality, LLC for the temporary parking lot located at 400 East Shore Drive and authorize appropriate officials to execute same. (consent) Attachments 8. Planning 8.1Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) Attachments 9. Official Records and Legislative Services 9.1Reappoint Robet Aude and appoint Jan Ellen Moss as the public housing resident to Clearwater Housing Authority with terms to expire September 30, 2013. (consent) Attachments 9.2Appoint one member to the Environmental Advisory Board with the term to expire September 30, 2013. Attachments 9.3Appoint a councilmember to the Pinellas County Metropolitan Planning Organization for a four-year term expiring on September 12, 2013. Attachments 9.4Appoint a councilmember to the Pinellas Suncoast Transit Authority (PSTA) for a three year term starting October 1, 2009 and expiring on September 30, 2012. Attachments 10. Legal 10.1Adopt Ordinance No. 8043-09 on second reading, making amendments to the Community Development Code to provide for consistency between the Zoning Atlas, the City’s Future Land Use Plan and the provisions of the Countywide Future Land Use Map Attachments 10.2Adopt Ordinance No. 8081-09 on second reading, annexing certain real property whose post office address is 2141 Alemanda Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition Attachments 10.3Adopt Ordinance No. 8082-09 on second reading, amending the Future Land Use Plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 10.4Adopt Ordinance No 8083-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 10.5Adopt Ordinance No. 8085-09 on second reading, vacating the west five feet of the ten-foot Drainage Easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens. Attachments 10.6Adopt Ordinance No. 8086-09 on second reading, amending Chapter 32, Code of Ordinances, relating to reclaimed water availability fee exemption in specifically defined areas; amending Section 32.380, Code of Ordinances to add Phase I and removing former exemption language; adding new Section 32.380.1 as Phase II; renumbering Section 32.380.1 as 32.380.2 and amending to clarify applicable phases; renumbering Section 32.380.2 as 32.380.3. Attachments 10.7Adopt Ordinance No. 8097-09 on second reading, relating to Parks, Beaches and Recreation, amending Section 22.49, Code of Ordinances, to permit certain informal activities including casual ball throwing, unless such activity creates a threat of physical injury to any person. Attachments 10.8Continue to October 1, 2009 the second reading of Ordinance 8044-09, amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) Attachments 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Other Council Action 12.1Other Council Action Attachments 13. Adjourn 14. Presentation(s) for Council Meeting 14.1Suicide Prevention Week Proclamation - Bonnie McClelland, Founder and Marlene Jehs, Chapter Director of Suncoast Yellow Ribbon Suicide Prevention program. Attachments Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: NACWA Silver Peak Performance Awards SUMMARY: NACWA Silver Peak Performance Awards - Chief Operators, Roger Hooey from Northeast and Loren Pratt from East to receive the awards on behalf of their staff. Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Supervisory/Leadership Development Program Graduation Presentation SUMMARY: Review Approval:1) Clerk Cover Memo On behalf of the City Council and City Administration, I would like to extend our sincere congratulations to the supervisors who have completed the City Supervisory – Leadership Development Program. This training consists of over 72 hours of college and in-house instruction in subjects such as basic leadership and supervision; communication skills; conf lict resolution; selecting, interviewing and retaining employees; performance management; performance evaluations; and labor relations. The successful completion of this program demonstrates your commitment and dedication to enhancing your knowledge and skills. We understand the important role our supervisors and managers play in the City and we are proud to recognize your efforts today. As your name is called, please come forward: William Anderson Karen Mall-don-auto Daniel Bates Christopher Owens Louis “Chip” Beem Patricia Post Thomas Care-ick Robert Tefft Kimberly Feen-ee Dare – el Ford Linda Ham-ril Gary Kep-ner (For Aug. 31,2009 – 9:00 a.m. Worksession) Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Set a final millage rate of 5.1550 mills for fiscal year 2009/10 levied against non-exempt real personal property with the City of Clearwater and pass Ordinance 8099-09 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes which defines requirements for the "Determination of Millage" and the rules governing Truthin in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fullfulling these requirements. The City Council set a proposed millage rate of 5.1550 mills on July 16, 2009, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 7.19% decrease from the rolled back rate of 5.5543 mills. Ordinance 8099-09 is now presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2009/10 fiscal year. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Ordinance No. 8099-09 MILLAGE ORDINANCE ORDINANCE NO. 8099-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 7.19% DECREASE FROM THE ROLLED BACK RATE OF 5.5543 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2009, and ending September 30, 2010, from ad valorem taxes is $43,877,090; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1550 mills are necessary to generate $43,877,090; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2009. Section 2. The levy of 5.1550 mills constitutes a 7.19% decrease from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2009. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: _____________________________ _________________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 1 of 1 Annual Operating andAnnual Operating andAnnual Operating andAnnual Operating and Capital Improvement Capital Improvement Capital Improvement Capital Improvement BudgetBudgetBudgetBudget 2009 2009 2009 2009 ----2010201020102010 2009 2009 2009 2009 ––––2010201020102010 ALL FUNDSALL FUNDSALL FUNDSALL FUNDS FY 2009FY 2009 FY 2010FY 2010 GENERALGENERAL$ 121 M$ 121 M$ 115 M$ 115 M UTILITYUTILITY135 M135 M136 M136 M ENTERPRISEENTERPRISE 10 M10 M 11 M11 MENTERPRISEENTERPRISE10 M10 M 11 M11 M INT SVCINT SVC48 M48 M45 M45 M SPECIAL PGMSPECIAL PGM15 M15 M15 M15 M CAPITALCAPITAL46 M46 M52 M52 M TOTALTOTALTOTALTOTALTOTALTOTALTOTALTOTAL$ 375 M$ 375 M$ 375 M$ 375 M$ 375 M$ 375 M$ 375 M$ 375 M$ 374 M$ 374 M$ 374 M$ 374 M$ 374 M$ 374 M$ 374 M$ 374 M GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND EXPENDITURESEXPENDITURESEXPENDITURESEXPENDITURES GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND EXPENDITURESEXPENDITURESEXPENDITURESEXPENDITURES Public SafetyPublic SafetyQuality of Quality of Eng/PS 9%Eng/PS 9% Adm/Other 13%Adm/Other 13% P&D 4%P&D 4% 2009/102009/102009/102009/10 $ 115.5 Million$ 115.5 Million Public Safety 51% Public Safety 51%Quality of Life 23% Quality of Life 23% Millage RateMillage RateMillage RateMillage Rate Current rate 2009Current rate 2009Current rate 2009Current rate 20094.7452 4.7452 4.7452 4.7452 millsmillsmillsmills Tentative rate 2010 5.1550 mills Tentative rate 2010 5.1550 mills 7.19% decrease from rolled-back rate The tentative rate will provide $2.3 million less property tax revenues in 2009/10 than in the 2008/09 budget TOTALTOTALTOTALTOTAL PROPERTY TAX REVENUESPROPERTY TAX REVENUESPROPERTY TAX REVENUESPROPERTY TAX REVENUES 2009/102009/1043.9 M43.9 M 2008/092008/0946.2 M46.2 M 2007/082007/0850.1 M50.1 M 2006/072006/0753.3 M53.3 M Service Service Service Service Level ReductionsLevel ReductionsLevel ReductionsLevel Reductions •Library & Recreation Centers –Reduced Hours of Operation Closes Morningside Recreation •Closes Morningside Recreation Center •Special Events –Focus on Core Events Service Service Service Service Level IssuesLevel IssuesLevel IssuesLevel Issues •Maintains Rescues #46 & #50 •Maintains North Greenwood •Maintains North Greenwood Library •Maintains Jolley Trolley HOMESTEADEDHOMESTEADEDHOMESTEADEDHOMESTEADED 20082008 20092009 IncreaseIncrease Taxable Taxable ValueValue 135,000135,000135,185135,185 City TaxesCity Taxes$ 638$ 638$ 697$ 697$ 59$ 59 Taxable Taxable ValueValue 200,000200,000200,250200,250 City TaxesCity Taxes$ 945$ 945$ 1,032$ 1,032$ 87$ 87 NONNONNONNON----HOMESTEADEDHOMESTEADEDHOMESTEADEDHOMESTEADED 20082008 20092009 DecreaseDecrease Taxable Taxable ValueValue 200,000200,000180,000180,000 City TaxesCity Taxes$ 945$ 945$ 928$ 928($ 17)($ 17) Taxable Taxable ValueValue 200,000200,000174,400174,400 City TaxesCity Taxes$ 945$ 945$ 899$ 899($ 46)($ 46) Millage RateMillage RateMillage RateMillage Rate FY FY FY FY 2009/102009/102009/102009/10 Millage RateMillage RateMillage RateMillage Rate FY FY FY FY 2009/102009/102009/102009/10 Other Agencies 13% Other Agencies 13% Clearwater 24% 5.1550 Mills Clearwater 24% 5.1550 Mills School School 21.0679 Mills21.0679 Mills Pinellas County 23% Pinellas County 23% School Board 40% School Board 40% Public HearingsPublic HearingsPublic HearingsPublic HearingsPublic HearingsPublic HearingsPublic HearingsPublic Hearings September 3September 3 September 17September 17 Annual Operating andAnnual Operating andAnnual Operating andAnnual Operating and Capital Improvement Capital Improvement Capital Improvement Capital Improvement BudgetBudgetBudgetBudget 2009 2009 2009 2009 ----2010201020102010 2009 2009 2009 2009 ––––2010201020102010 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2009/10 fiscal year and pass Ordinance 8100-09 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2009/10 millage rate and the Capital Improvement Budget are an integral part of fullfilling these requirements. On June 30, 2009, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2009/10 fiscal year. A special budget meeting was held for citizen input on August 3, 2009; and the Council has also discussed the proposed budget at several worksessions and City Council meetings. After the preliminary budget was released, Pinellas County agreed to the continued funding of Rescue 46. Also, during the Council discussions several other changes have been made to the preliminary budget including the continued funding of the Jolley Trolley from the Parking Fund; a reduction in funding for road improvements; funding for Rescue 50 and the North Greenwood library. These changes, and others, are detailed on the worksheet to provide a summary as to staff's interpretation of the City Council's direction to date on a final budget for fiscal year 2009/10. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Ordinance No. 8100-09 OPERATING BUDGET ORDINANCE ORDINANCE NO. 8100-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; 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, 2009, and ending September 30, 2010; 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 Council; 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 Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 3, 2009, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2009, and ending September 30, 2010, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Attachment number 1 Page 1 of 3 Ordinance No. 8100-09 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 Council 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 Council 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 spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Because of the dramatic reduction in general fund revenues for fiscal year 2009- 2010, the City Council has determined not to budget or appropriate funds for the operation of the Graphics Division of Public Communications department and related equipment, and such function shall no longer be performed in-house; further, Staff is not authorized to expend any further funds thereon. Section 7. 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 8. This ordinance shall take effect October 1, 2009. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: Attachment number 1 Page 2 of 3 Ordinance No. 8100-09 ______________________________ ________________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 3 of 3 EXHIBIT A 2009-10 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2007/08 2008/09 2009/10 GENERAL FUND: Property Taxes 47,512,27743,461,39041,786,420 Franchise Fees 9,254,0919,819,27010,152,000 Utility Taxes 11,532,52912,030,35012,321,860 Licenses, Permits & Fees3,988,5204,242,5003,550,000 Sales Tax 5,811,7645,800,0005,313,000 Communications Services Tax6,747,4616,286,5006,814,600 Intergovernmental 14,834,12412,357,12011,350,290 Charges for Services4,311,3984,151,4203,904,660 Fines & Forfeitures 706,714902,300677,300 Interest Income 1,513,9621,364,0001,140,000 Miscellaneous 1,955,129939,950926,500 Interfund Charges/Transfers In17,762,92317,445,13017,516,670 Fund Reserves 2,300,0000 TOTAL GENERAL FUND 125,930,892 121,099,930 115,453,300 SPECIAL REVENUE FUNDS: Special Development Fund16,897,69316,038,44016,138,440 Special Program Fund5,949,1951,364,2102,099,430 Local Housing Assistance Trust Fund1,440,964995,68097,330 ENTERPRISE FUNDS: Water & Sewer Fund55,062,35160,609,86058,827,450 Stormwater Utility Fund13,611,10213,800,46015,579,600 Solid Waste Fund 18,246,10418,751,25018,823,080 Gas Fund 41,805,39045,228,14042,901,470 Recycling Fund 3,651,5793,210,9502,949,470 Airpark Fund 340,216242,000249,000 Marine Fund 4,815,9535,351,0904,850,380 Downtown Boat Slips Fund2,096,220631,260 Parking Fund 4,824,4134,823,4705,405,020 Harborview Center Fund732,079725,170163,080 INTERNAL SERVICE FUNDS: Administrative Services Fund10,436,3929,714,9309,430,000 General Services Fund5,220,2995,247,9104,991,540 Garage Fund 14,079,89313,853,58012,824,540 Central Insurance Fund20,883,38620,069,91019,161,320 TOTAL ALL FUNDS 346,024,121 341,126,980 330,575,710 CITY OF CLEARWATER Ordinance #8100-09 Attachment number 2 Page 1 of 2 EXHIBIT A (Continued) 2009-10 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 2007/08 2008/09 2009/10 GENERAL FUND: City Council 257,182288,390296,570 City Manager's Office1,064,1931,166,2101,274,680 City Attorney's Office1,432,7141,688,7901,623,430 City Audit 172,420175,520182,410 Development & Neighborhood Services4,298,9774,109,7200 Economic Development & Housing1,249,3141,389,9401,374,570 Engineering 6,794,0717,283,8807,441,890 Equity Services 314,120284,0100 Finance 2,100,0712,265,0302,195,470 Fire 21,511,50521,258,43021,760,100 Human Resources 1,059,9381,212,1801,108,350 Library 6,272,6836,065,2705,710,940 Marine & Aviation 1,168,0671,248,600564,440 Non-Departmental16,705,8737,048,0004,903,750 Office of Management & Budget 273,832297,690285,690 Official Records & Legislative Services1,133,0571,180,4301,087,520 Parks & Recreation21,468,97121,123,80019,739,130 Planning & Development1,288,5601,429,2904,679,890 Police 37,719,94736,949,61037,415,990 Public Communications1,028,8071,088,5801,031,750 Public Services 3,484,6363,546,5602,580,000 Allocation to Reserves 196,730 TOTAL GENERAL FUND 130,798,938 121,099,930 115,453,300 SPECIAL REVENUE FUNDS: Special Development Fund18,625,92513,380,18012,423,130 Special Program Fund6,217,1201,084,2101,799,430 Local Housing Assistance Trust Fund1,216,452995,68097,330 ENTERPRISE FUNDS: Water & Sewer Fund58,230,94660,609,86058,672,340 Stormwater Utility Fund9,242,73813,800,46015,579,600 Solid Waste Fund 17,254,76318,735,75018,759,080 Gas Fund 36,279,73538,534,50040,528,040 Recycling Fund 3,117,1113,210,9402,949,470 Airpark Fund 243,918206,310194,070 Marine Fund 4,794,7745,348,4304,552,760 Downtown Boat Slips Fund22,634464,230 Parking Fund 3,593,6073,963,3805,172,020 Harborview Center Fund611,532725,170163,080 INTERNAL SERVICE FUNDS: Administrative Services Fund8,704,1049,693,0809,224,590 General Services Fund5,230,5635,247,9104,991,540 Garage Fund 13,026,99813,853,58012,824,540 Central Insurance Fund20,713,41018,714,69018,208,370 TOTAL ALL FUNDS 337,925,268 329,204,060 322,056,920 CITY OF CLEARWATER Ordinance #8100-09 Attachment number 2 Page 2 of 2 Council Changes to the Preliminary Budget Fiscal Year 2009/10 July 16, 2009 Final PreliminaryCouncil MeetingFireAugust 20, 2009Budget General FundFY 09/10Jolley TrolleyRescue #46Council MeetingFY 09/10 Property Taxes41,286,420 500,000 (3)41,786,420 Franchise Fees10,152,000 10,152,000 Utility Taxes12,321,860 12,321,860 Licenses, Permits & Fees3,550,000 3,550,000 Sales Tax5,313,000 5,313,000 Communications Services Tax6,814,600 6,814,600 Intergovernmental11,085,840 264,450 11,350,290 Charges for Services3,882,660 22,000 (5)3,904,660 Fines & Forfeitures677,300 677,300 Interest Income1,140,000 1,140,000 Miscellaneous 926,500 926,500 Interfund Charges/Transfers In17,516,670 17,516,670 TOTAL REVENUES 114,666,850 264,450 522,000 115,453,300 EXPENDITURES: City Council296,570 296,570 City Manager's Office1,274,680 1,274,680 City Attorney's Office1,691,430 (68,000) (4)1,623,430 City Audit182,410 182,410 Development & Neighborhood Svcs- - Economic Development & Housing1,374,570 1,374,570 Engineering7,441,890 7,441,890 Equity Services- - Finance2,195,470 2,195,470 Fire 21,180,650 264,450 315,000 (1)21,760,100 Human Resources1,108,350 1,108,350 Library5,590,940 120,000 (2)5,710,940 Marine & Aviation564,440 564,440 Non-Departmental4,903,750 4,903,750 Office of Management & Budget285,690 285,690 Official Records & Legislative Services 1,087,520 1,087,520 Parks & Recreation19,725,560 13,570 (6)19,739,130 Planning4,679,890 4,679,890 Police37,415,990 37,415,990 Public Communications1,087,050 (55,300) (7)1,031,750 Public Services2,580,000 2,580,000 Allocation to General Fund Reserves 196,730 (8)196,730 TOTAL EXPENDITURES 114,666,850 264,450 522,000 115,453,300 Special Development Fund TOTAL REVENUES 16,638,440 (500,000) (3)16,138,440 TOTAL EXPENDITURES 12,923,130 (500,000) (3)12,423,130 Parking Fund TOTAL REVENUES 5,405,020 5,405,020 TOTAL EXPENDITURES 5,022,020 150,000 5,172,020 Capital Improvement Fund TOTAL REVENUES 52,569,740 (500,000) (3)52,069,740 TOTAL EXPENDITURES 52,569,740 (500,000) (3)52,069,740 (1) Reinstate Rescue #50 (2) Maintain current North Greenwood Library (3) Reduce road millage by $500,000 and transfer same to General Fund. (4) Eliminate paralegal FTE position in City Attorney's office (5) Chamber lease of Lokey building (4 pymts @ $5,500) (6) Increase to fund Ruth Eckerd Hall to $400,000 (7) Eliminate Cview programming position in Public Communications (8) Allocation to General Fund Reserves Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt the Fiscal Year 2009/10 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8101-09 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2009/10 millage rate and Operating Budget are an integral part of fulfilling these requirements. On June 30, 2009, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget. A special budget meeting was held for citizen input on August 3, 2009 and the City Council has also discussed the proposed budget at several worksessions and City Council meetings. The only change to the Preliminary Capital Improvement Budget is the reduction of $500,000 of road millage revenues and the related funding of the capital project for streets and sidewalks in fiscal year 2009/10, and a reduction of $500,000 annually for road funding in each of the next five years of the plan. Review Approval: 1) Legal 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Ordinance No. 8101-09 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 8101-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; 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, 2009, and ending September 30, 2010; 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 Council; 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 Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 3, 2009; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL 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, 2009, and ending September 30, 2010, a Attachment number 1 Page 1 of 2 Ordinance No. 8101-09 copy of which is on file with the City Clerk, the City Council 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 Council 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 Council 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, 2009. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED AS AMENDED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: _____________________________ ________________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 2 of 2 Budgeted Revenues GENERAL SOURCES:2009/10 General Operating Revenue 1,470,990 General Revenue/County Coop 635,310 Road Millage 2,090,670 Penny for Pinellas 6,225,000 Transportation Impact Fee 290,000 Local Option Gas Tax 1,720,000 Special Development Fund 950,000 Special Program Fund 30,000 Grants - Other Agencies 2,900,000 Donations 900,000 SELF SUPPORTING FUNDS: Marine Revenue 50,000 Downtown Boat Slips Revenue 15,000 Aviation Revenue 10,000 Parking Revenue 260,000 Utility System: Water Impact Fees 250,000 Sewer Impact Fees 500,000 Utility R & R 3,050,490 Stormwater Utility Revenue 5,652,800 Gas Revenue 5,340,000 Solid Waste Revenue 350,000 INTERNAL SERVICE FUNDS: Garage Revenue 119,400 Administrative Services Revenue 150,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 42,540 Lease Purchase - Stormwater 300,000 Lease Purchase - Solid Waste 170,000 Lease Purchase - Recycling 220,000 Bond Issue - Water & Sewer 15,665,240 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,312,300 Lease Purchase - Administrative Services 400,000 TOTAL ALL FUNDING SOURCES:$52,069,740 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 Exhibit A Ordinance No. 8101-09 Attachment number 2 Page 1 of 2 Budgeted Expenditures FUNCTION:2009/10 Police Protection 150,000 Fire Protection 678,490 Major Street Maintenance 3,645,670 Intersections 435,000 Parking 250,000 Misc Engineering 35,000 Parks Development 5,837,500 Marine Facilities 4,315,000 Airpark Facilities 10,000 Libraries 635,310 Garage 2,716,700 Maintenance of Buildings 277,930 General Public City Building & Equipment 950,000 Miscellaneous 640,000 Stormwater Utility 5,945,000 Gas System 5,310,000 Solid Waste 520,000 Utilities Miscellaneous 26,000 Sewer System 9,772,590 Water System 9,699,550 Recycling 220,000 TOTAL PROJECT EXPENDITURES $52,069,740 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 Ordinance No. 8101-09 Attachment number 2 Page 2 of 2 Function 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 Total Police Protection150,000 150,000 Fire Protection678,4901,153,4001,089,4902,515,2704,244,8601,555,40011,236,910 New Street Construction 2,500,000 2,500,000 Major Street Maintenance3,645,6703,497,4304,057,4304,107,4304,107,4304,032,43023,447,820 Sidewalk and Bike Trails 472,000 472,000 Intersections 435,000435,000435,000435,000435,000435,000 2,610,000 Parking 250,000225,000200,000200,000225,000225,000 1,325,000 Miscellaneous Engineering35,0008,035,00035,00035,00035,00035,0008,210,000 Parks Development5,837,5004,622,500907,5001,147,5009,967,500982,50023,465,000 Marine Facilities4,315,000275,000413,000413,000413,000 413,0006,242,000 Airpark Facilities10,00010,00010,00010,00010,00010,00060,000 Libraries635,310635,31010,635,310639,740665,310685,27013,896,250 Garage2,716,7002,798,2002,882,1502,968,6103,057,6703,149,41017,572,740 Maintenance of Buildings277,930299,8001,108,650420,560 452,530379,5602,939,030 Gen Public City Bldg & Equip950,000 7,000,0007,950,000 Miscellaneous 640,000640,000620,0005,420,000645,000645,0008,610,000 Stormwater Utility5,945,0008,800,0007,200,0007,100,0007,400,0007,400,00043,845,000 Gas System 5,310,0005,600,0005,800,0006,100,0005,900,0006,145,00034,855,000 Solid Waste520,000595,000755,000713,000735,000746,000 4,064,000 Utilities Miscellaneous26,00030,00026,00026,00030,00026,000164,000 Sewer System9,772,5909,073,99012,108,3807,351,36011,776,59025,617,40075,700,310 Water System9,699,55012,913,12017,928,91018,125,34011,251,4106,917,79076,836,120 Recycling220,000290,000290,000386,000400,000410,0001,996,000 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2009-2010 THROUGH FY 2014-2015 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 8101-09 52,069,740 59,928,750 66,501,820 60,613,810 61,751,300 67,281,760 368,147,180 Ordinance No. 8101-09 Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2009/10 through 2019/20. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas project funding of $500,000 or more. The City Council held two special worksessions in January and March of 2009 to review the Penny for Pinellas projects planned through fiscal year 2020. The Council made recommended changes due to the economic decline of resources and also prioritized the project list, in order for the funding to be included in the six-year capital improvement plan. The worksheets include the recommended changes to the Penny project list and the project funding forecast as a result of these planning worksessions. Primary changes include: · The Highland Avenue widening project has been eliminated from the list. This project is no longer needed due to the extension of Keene Road in that area. · New projects provide for the replacement of $1.8 million of Police vehicles and $1.97 million for Fire engines. The fire engines had been previously funded in the respective fire station renovation projects. · A new project funds a consolidated “Eastside” Library at an estimated cost of $10 million to replace the East and Countryside branch libraries. This eliminates the need for the renovation of the East and Countryside branch libraries. · The Countryside Aquatics Center project has been eliminated from the list due to operational economic issues, although the funds remain to support a project in the Countryside area yet to be determined. · The Downtown Parking Garage project has been eliminated. · The Municipal Beach Parking Garage project has been reduced from a $12.5 million project to an $8.5 million project. · The New City Hall and Parking Garage project has been reduced from a $25 million project to a $7 million project. · The Senior Facility project budget has been reduced from a $3.5 million project to a $1.2 million project. Since the City has located the senior programs in the Long Center, this has allowed a reduction in the funds necessary to accomplish this program. · The Downtown Streetscape budget has been reduced from a $12.5 million to an $8 million project. · The City-wide Wireless Mesh project has been eliminated. · A new project funds a Downtown Intermodal Facility in the amount of $8 million to allow for the growth and expansion of public transit service within Clearwater. · A new project funds a portion of the major renovation of the Royalty, or Capitol Theater, in the amount of $3.55 million. · A new project funds a portion of the construction of the public boat slips on the downtown waterfront at the base of Cleveland Street in the amount of $4.125 million. · A new project for $3.5 million provides for the possible purchase of the St. Petersburg Times property for the purpose of consolidating other City facilities on this site as yet to be determined. Cover Memo Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 3, 2009 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2009/10 through 2019/20 totaling $110,030,180 to fund capital projects under the Penny for Pinellas Plan. Most changes to the plan have been as a direct result of the economic downturn in the economy and the need to reduce project expenditures due to the anticipated loss in revenues over the next ten year period. The project list has been reduced by $21,580,000 from an initial total of $131,610,180 to a proposed total of $110,030,180 as outlined in the attached document. Primary changes include: • The Highland Avenue widening project has been eliminated from the list. This project is no longer needed due to the extension of Keene Road in that area. • New projects provide for the replacement of $1.8 million of Police vehicles and $1.97 million for Fire engines. The fire engines had been previously funded in the respective fire station renovation projects. • A new project funds a consolidated “Eastside” Library at an estimated cost of $10 million to replace the East and Countryside branch libraries. This eliminates the need for the renovation of the East and Countryside branch libraries. • The Countryside Aquatics Center project has been eliminated from the list due to operational economic issues, although the funds remain to support a project in the Countryside area yet to be determined. • The Downtown Parking Garage project has been eliminated. • The Municipal Beach Parking Garage project has been reduced from a $12.5 million project to an $8.5 million project. • The New City Hall and Parking Garage project has been reduced from a $25 million project to a $7 million project. • The Senior Facility project budget has been reduced from a $3.5 million project to a $1.2 million project. Since the City has located the senior programs in the Long Center, this has allowed a reduction in the funds necessary to accomplish this program. • The Downtown Streetscape budget has been reduced from a $12.5 million to an $8 million project. • The City-wide Wireless Mesh project has been eliminated. • A new project funds a Downtown Intermodal Facility in the amount of $8 million to allow for the growth and expansion of public transit service within Clearwater. Attachment number 1 Page 1 of 2 • A new project funds a portion of the major renovation of the Royalty, or Capitol Theater, in the amount of $3.55 million. • A new project funds a portion of the construction of the public boat slips on the downtown waterfront at the base of Cleveland Street in the amount of $4.125 million. • A new project for $3.5 million provides for the possible purchase of the St. Petersburg Times property for the purpose of consolidating other City facilities on this site as yet to be determined. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, MMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Attachment number 1 Page 2 of 2 Proposed Changes to the Penny for Pinellas Project List For Planned Projects in Fiscal Years 2009/10 through 2019/20 As of October 1, 2009 Current Plan New Plan Approved Proposed Recommended Penny II Projects 10/1/2008 Amendment 10/1/2009 Long Center Infrastructure Improvements 700,000 - 700,000 Total Penny II Projects 700,000 - 700,000 Penny III Projects Police Homicide Vehicle 150,000 - 150,000 Police Vehicles - 1,800,000 1,800,000 Clearwater Beach Fire Station 4,147,910 (450,000) 3,697,910 Countryside Fire Station 4,648,460 (450,000) 4,198,460 Lakeview Fire Station 4,755,560 (450,000) 4,305,560 Fire Engines - 1,970,000 1,970,000 Bayshore Blvd Realignment 2,500,000 - 2,500,000 City-wide Seawall Replacement 1,250,000 - 1,250,000 Highland Avenue Widening 2,500,000 (2,500,000) - New Sidewalk Construction 2,833,250 - 2,833,250 Traffic Calming 5,000,000 - 5,000,000 Downtown Parking 6,250,000 (6,250,000) - Municipal Beach Parking Garage 12,500,000 (4,000,000) 8,500,000 New City Hall & Parking Garage 25,000,000 (18,000,000) 7,000,000 Library Technology 1,250,000 - 1,250,000 Countryside Branch Library Renovation 6,250,000 (6,250,000) - East Branch Library Renovation 6,250,000 (6,250,000) - Consolidated "Eastside" Library - 10,000,000 10,000,000 Coachman Park Redevelopment 5,000,000 - 5,000,000 Countryside Aquatics Center 2,500,000 (2,500,000) - Countryside - TBD 2,500,000 2,500,000 Neighborhood Parks Renovations 5,000,000 - 5,000,000 Recreation Trails 3,000,000 - 3,000,000 Ruth Eckerd Hall 4,000,000 - 4,000,000 Senior Facility 3,500,000 (2,300,000) 1,200,000 Youth Sports Fields Renovations 7,000,000 - 7,000,000 Downtown Streetscaping 12,500,000 (4,500,000) 8,000,000 City-wide Wireless Mesh 3,125,000 (3,125,000) - Downtown Intermodal Facility - 8,000,000 8,000,000 Royalty Theater - 3,550,000 3,550,000 Downtown Boat Slips - 4,125,000 4,125,000 St. Petersburg Times Property - 3,500,000 3,500,000 - Total Penny III Projects 130,910,180 (21,580,000) 109,330,180 Recommended Projects 131,610,180 (21,580,000) 110,030,180 Project Budget Attachment number 2 Page 1 of 1 Co u n c i l Co u n c i l P r o p o s e d P r o p o s e d Pe n n y C h a n g e s C h a n g e s P e n n y Ap p r o v e d J a n - 0 9 M a r - 0 9 R e v i s e d To t a l Pr o j e c t s Wo r k s h o p Wo r k s h o p Pr o j e c t s 20 0 9 / 1 0 20 1 0 / 1 1 20 1 1 / 1 2 20 1 2 / 1 3 20 1 3 / 1 4 20 1 4 / 1 5 20 1 5 / 1 6 20 1 6 / 1 7 20 1 7 / 1 8 20 1 8 / 1 9 20 1 9 / 2 0 Ap p r o v e d Be g i n n i n g B a l a n c e : 2, 8 4 0 , 0 0 0 5 , 6 3 5 , 3 1 0 4 , 1 8 5 , 4 7 0 2 , 7 0 1 , 8 3 0 5 , 0 4 4 , 5 5 0 2 , 6 4 1 , 1 0 0 5 , 4 8 5 , 9 2 0 6 , 0 7 0 , 4 9 0 1 1 , 3 2 4 , 8 4 0 1 4 , 1 2 2 , 8 7 0 7 , 7 6 8 , 6 5 0 2 , 8 4 0 , 0 0 0 4, 2 3 6 , 5 7 0 4, 2 3 6 , 5 7 0 5, 9 3 1 , 2 0 0 1 0 , 4 0 0 , 1 6 0 1 0 , 6 9 1 , 3 6 0 1 0 , 9 9 0 , 7 2 0 1 1 , 2 9 8 , 4 6 0 1 1 , 6 1 4 , 8 2 0 1 1 , 9 4 0 , 0 3 0 1 2 , 2 7 4 , 3 5 0 1 2 , 6 1 8 , 0 3 0 1 2 , 9 7 1 , 3 4 0 7 , 7 7 8 , 4 8 0 1 1 8 , 5 0 8 , 9 5 0 13 , 0 0 7 , 7 7 0 1 6 , 0 3 5 , 4 7 0 1 4 , 8 7 6 , 8 3 0 1 3 , 6 9 2 , 5 5 0 1 6 , 3 4 3 , 0 1 0 1 4 , 2 5 5 , 9 2 0 1 7 , 4 2 5 , 9 5 0 1 8 , 3 4 4 , 8 4 0 2 3 , 9 4 2 , 8 7 0 2 7 , 0 9 4 , 2 1 0 1 5 , 5 4 7 , 1 3 0 1 2 5 , 5 8 5 , 5 2 0 Ex p e n d i t u r e s : Pe n n y I I P r o j e c t s Lo n g C e n t e r I n f r a s t r u c t u r e R e p a i r 70 0 , 0 0 0 70 0 , 0 0 0 70 0 , 0 0 0 70 0 , 0 0 0 Pe n n y I I I P r o c e e d s Pe n n y f o r P i n e l l a s - P r o p o s e d F u n d i n g Pe n n y I I P r o c e e d s Es t i m a t e d R e v e n u e Pl a n n e d P r o j e c t F u n d i n g Lo n g C e n t e r I n f r a s t r u c t u r e R e p a i r 70 0 , 0 0 0 70 0 , 0 0 0 70 0 , 0 0 0 70 0 , 0 0 0 To t a l P e n n y I I P r o j e c t s 7 0 0 , 0 0 0 - 7 0 0 , 0 0 0 Pe n n y I I I P r o j e c t s H i g h P r i o r i t y Ne w Ro y a l t y T h e a t e r 3, 5 5 0 , 0 0 0 3 , 5 5 0 , 0 0 0 3 , 5 5 0 , 0 0 0 3, 5 5 0 , 0 0 0 Ne w Do w n t o w n B o a t S l i p s 4, 1 2 5 , 0 0 0 4 , 1 2 5 , 0 0 0 4 , 1 2 5 , 0 0 0 4, 1 2 5 , 0 0 0 Se n i o r F a c i l i t y 3, 5 0 0 , 0 0 0 ( 2 , 3 0 0 , 0 0 0 ) 1 , 2 0 0 , 0 0 0 1 , 2 0 0 , 0 0 0 1, 2 0 0 , 0 0 0 Ne w Do w n t o w n I n t e r m o d a l F a c i l i t y 8, 0 0 0 , 0 0 0 8 , 0 0 0 , 0 0 0 8 , 0 0 0 , 0 0 0 8, 0 0 0 , 0 0 0 Po l i c e H o m i c i d e V e h i c l e 1 5 0 , 0 0 0 15 0 , 0 0 0 1 5 0 , 0 0 0 15 0 , 0 0 0 Ne w Po l i c e V e h i c l e s 1, 8 0 0 , 0 0 0 1 , 8 0 0 , 0 0 0 3 0 0 , 0 0 0 3 0 0 , 0 0 0 3 0 0 , 0 0 0 3 0 0 , 0 0 0 2 0 0 , 0 0 0 2 0 0 , 0 0 0 1 0 0 , 0 0 0 1 0 0 , 0 0 0 1, 8 0 0 , 0 0 0 Ne w Fi r e E n g i n e s 1, 9 7 0 , 0 0 0 1 , 9 7 0 , 0 0 0 4 5 0 , 0 0 0 4 7 7 , 0 0 0 5 0 6 , 0 0 0 5 3 7 , 0 0 0 1, 9 7 0 , 0 0 0 Cl e a r w a t e r B e a c h F i r e S t a t i o n 4 , 1 4 7 , 9 1 0 ( 4 5 0 , 0 0 0 ) 3 , 6 9 7 , 9 1 0 40 0 , 0 0 0 3 , 2 9 7 , 9 1 0 3, 6 9 7 , 9 1 0 Co u n t r y s i d e F i r e S t a t i o n 4 , 6 4 8 , 4 6 0 ( 4 5 0 , 0 0 0 ) 4 , 1 9 8 , 4 6 0 40 0 , 0 0 0 3 , 7 9 8 , 4 6 0 4, 1 9 8 , 4 6 0 La k e v i e w F i r e S t a t i o n 4 , 7 5 5 , 5 6 0 ( 4 5 0 , 0 0 0 ) 4 , 3 0 5 , 5 6 0 40 0 , 0 0 0 3 , 9 0 5 , 5 6 0 4 , 3 0 5 , 5 6 0 Ba y s h o r e B l v d R e a l i g n m e n t 2 , 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 Me d i u m P r i o r i t y - Ci t y - w i d e S e a w a l l R e p l a c e m e n t 1 , 2 5 0 , 0 0 0 1, 2 5 0 , 0 0 0 13 8 , 0 0 0 1 3 8 , 0 0 0 1 3 8 , 0 0 0 1 3 8 , 0 0 0 1 3 8 , 0 0 0 1 3 8 , 0 0 0 1 3 8 , 0 0 0 1 3 8 , 0 0 0 1 4 6 , 0 0 0 1 , 2 5 0 , 0 0 0 Tr a f f i c C a l m i n g 5, 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 56 0 , 0 0 0 5 6 0 , 0 0 0 5 6 0 , 0 0 0 5 6 0 , 0 0 0 5 6 0 , 0 0 0 5 6 0 , 0 0 0 5 6 0 , 0 0 0 5 6 0 , 0 0 0 5 2 0 , 0 0 0 5 , 0 0 0 , 0 0 0 Ne w Co n s o l i d a t e d " E a s t s i d e " L i b r a r y 10 , 0 0 0 , 0 0 0 1 0 , 0 0 0 , 0 0 0 10 , 0 0 0 , 0 0 0 10 , 0 0 0 , 0 0 0 Co u n t r y s i d e B r a n c h L i b r a r y R e n o v a t i o n 6, 2 5 0 , 0 0 0 (1 , 2 5 0 , 0 0 0 ) (5 , 0 0 0 , 0 0 0 ) - - - Co u n t r y s i d e B r a n c h L i b r a r y R e n o v a t i o n 6, 2 5 0 , 0 0 0 (1 , 2 5 0 , 0 0 0 ) (5 , 0 0 0 , 0 0 0 ) - - - Ea s t B r a n c h L i b r a r y R e n o v a t i o n 6 , 2 5 0 , 0 0 0 ( 1 , 2 5 0 , 0 0 0 ) ( 5 , 0 0 0 , 0 0 0 ) - - - Li b r a r y T e c h n o l o g y 1, 2 5 0 , 0 0 0 1, 2 5 0 , 0 0 0 1, 2 5 0 , 0 0 0 1, 2 5 0 , 0 0 0 Ru t h E c k e r d H a l l 4, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 Ne w St . P e t e T i m e s P r o p e r t y 3, 5 0 0 , 0 0 0 3 , 5 0 0 , 0 0 0 3, 5 0 0 , 0 0 0 3, 5 0 0 , 0 0 0 Co a c h m a n P a r k R e d e v e l o p m e n t 5 , 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 - Attachment number 3 Page 1 of 2 Co u n c i l Co u n c i l P r o p o s e d P r o p o s e d Pe n n y C h a n g e s C h a n g e s P e n n y Ap p r o v e d J a n - 0 9 M a r - 0 9 R e v i s e d To t a l Pr o j e c t s Wo r k s h o p Wo r k s h o p Pr o j e c t s 20 0 9 / 1 0 20 1 0 / 1 1 20 1 1 / 1 2 20 1 2 / 1 3 20 1 3 / 1 4 20 1 4 / 1 5 20 1 5 / 1 6 20 1 6 / 1 7 20 1 7 / 1 8 20 1 8 / 1 9 20 1 9 / 2 0 Ap p r o v e d Pe n n y f o r P i n e l l a s - P r o p o s e d F u n d i n g Pl a n n e d P r o j e c t F u n d i n g Lo w P r i o r i t y - Ne w S i d e w a l k C o n s t r u c t i o n 2 , 8 3 3 , 2 5 0 2, 8 3 3 , 2 5 0 47 2 , 0 0 0 4 7 2 , 0 0 0 4 7 2 , 0 0 0 4 7 2 , 0 0 0 4 7 2 , 0 0 0 4 7 3 , 2 5 0 2 , 8 3 3 , 2 5 0 Do w n t o w n S t r e e t s c a p i n g 1 2 , 5 0 0 , 0 0 0 ( 4 , 5 0 0 , 0 0 0 ) 8 , 0 0 0 , 0 0 0 2 , 0 0 0 , 0 0 0 2 , 0 0 0 , 0 0 0 2 , 0 0 0 , 0 0 0 2 , 0 0 0 , 0 0 0 8 , 0 0 0 , 0 0 0 Ne w C i t y H a l l & P a r k i n g G a r a g e 2 5 , 0 0 0 , 0 0 0 ( 1 8 , 0 0 0 , 0 0 0 ) 7 , 0 0 0 , 0 0 0 7, 0 0 0 , 0 0 0 7, 0 0 0 , 0 0 0 Yo u t h S p o r t s F i e l d s R e n o v a t i o n s 7 , 0 0 0 , 0 0 0 7, 0 0 0 , 0 0 0 1, 7 5 0 , 0 0 0 1 , 7 5 0 , 0 0 0 1 , 7 5 0 , 0 0 0 1 , 7 5 0 , 0 0 0 7 , 0 0 0 , 0 0 0 Ne i g h b o r h o o d P a r k s R e n o v a t i o n s 5 , 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 1, 2 5 0 , 0 0 0 1 , 2 5 0 , 0 0 0 1 , 2 5 0 , 0 0 0 1 , 2 5 0 , 0 0 0 5 , 0 0 0 , 0 0 0 Re c r e a t i o n T r a i l s 3, 0 0 0 , 0 0 0 3, 0 0 0 , 0 0 0 75 0 , 0 0 0 7 5 0 , 0 0 0 7 5 0 , 0 0 0 7 5 0 , 0 0 0 3 , 0 0 0 , 0 0 0 Mu n i c i p a l B e a c h P a r k i n g G a r a g e 1 2 , 5 0 0 , 0 0 0 ( 4 , 0 0 0 , 0 0 0 ) 8 , 5 0 0 , 0 0 0 8, 5 0 0 , 0 0 0 8 , 5 0 0 , 0 0 0 Co u n t r y s i d e - T B D 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 Co u n t r y s i d e - T B D 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 2, 5 0 0 , 0 0 0 - Pr o j e c t s D e l a y e d / E l i m i n a t e d - Hi g h l a n d A v e n u e W i d e n i n g 2 , 5 0 0 , 0 0 0 ( 2 , 5 0 0 , 0 0 0 ) - - Co u n t r y s i d e F a m i l y A q u a t i c s C t r 2 , 5 0 0 , 0 0 0 ( 2 , 5 0 0 , 0 0 0 ) - - Ci t y W i d e W i r e l e s s M e s h 3 , 1 2 5 , 0 0 0 ( 3 , 1 2 5 , 0 0 0 ) - - Do w n t o w n P a r k i n g 6, 2 5 0 , 0 0 0 ( 6 , 2 5 0 , 0 0 0 ) - - - - - To t a l P e n n y I I I P r o j e c t s 1 3 0 , 9 1 0 , 1 8 0 ( 5 , 8 7 5 , 0 0 0 ) ( 1 5 , 7 0 5 , 0 0 0 ) 1 0 9 , 3 3 0 , 1 8 0 - - - 13 1 , 6 1 0 , 1 8 0 ( 5 , 8 7 5 , 0 0 0 ) ( 1 5 , 7 0 5 , 0 0 0 ) 1 1 0 , 0 3 0 , 1 8 0 6 , 2 2 5 , 0 0 0 1 1 , 8 5 0 , 0 0 0 1 2 , 1 7 5 , 0 0 0 8 , 6 4 8 , 0 0 0 1 3 , 7 0 1 , 9 1 0 8 , 7 7 0 , 0 0 0 1 1 , 3 5 5 , 4 6 0 7 , 0 2 0 , 0 0 0 9 , 8 2 0 , 0 0 0 1 9 , 3 2 5 , 5 6 0 1 , 1 3 9 , 2 5 0 1 1 0 , 0 3 0 , 1 8 0 44 , 1 3 0 44 , 1 3 0 1, 1 0 3 , 3 3 0 1, 1 0 3 , 3 3 0 1, 1 4 7 , 4 6 0 - - - - 1, 1 4 7 , 4 6 0 5, 6 3 5 , 3 1 0 4 , 1 8 5 , 4 7 0 2 , 7 0 1 , 8 3 0 5 , 0 4 4 , 5 5 0 2 , 6 4 1 , 1 0 0 5 , 4 8 5 , 92 0 6 , 0 7 0 , 4 9 0 1 1 , 3 2 4 , 8 4 0 1 4 , 1 2 2 , 8 7 0 7 , 7 6 8 , 6 5 0 1 4 , 4 0 7 , 8 8 0 14 , 4 0 7 , 8 8 0 Su b t o t a l D e b t P a y m e n t s Pr i n c i p a l & I n t e r e s t : Es t i m a t e d A v a i l a b l e B a l a n c e Bo n d I n t e r e s t Bo n d P r i n c i p a l Pl a n n e d P r o j e c t E x p e n d i t u r e s Attachment number 3 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Approve changes to the Marine and Aviation Department Business Plan to allow fuel to be sold at market rates (as stated in current Clearwater Code of Ordinance section 33.031) and authorize the transfer of $230,000 from General Fund reserves to the Marina Fund to cover cash deficits that have occurred in last fiscal year ending September 30, 2008 and the current fiscal year ending September 30, 2009. (consent) SUMMARY: The Marina Fund currently requires a cash infusion of $230,000 to sustain activities with a positive cash balance. This can be in the form of a direct grant from General fund reserves, or a loan from general fund reserves. This deficit has accumulated over the past two years due to the economy and other factors. The results of an analysis of the various revenue sources are: Recreational Slip Rental: Previous changes to the 5 year business plan, coupled with the declining economy led to a loss of 41 of 118 recreational tenants directly contributing to a downturn in projected slip rent budgeted. The last plan update aligned recreational slip rents to market rates and recovered 25 of the 41 vacant slips. Transient Slip Rental: Marketing changes have resulted in increases in transient slip occupancy. Commercial Slip Rental: Commercial slip rent stabilization has maintained 100% rental of commercial slips during all but one quarter of this past fiscal year when only 2 of 47 commercial slips were unoccupied. Marina Building Rents: The marina building had a loss of two building tenants, however, extension of existing leases have retained our remaining tenants with additional interest in leasing our existing vacant space. Fuel Sales: Fuel revenues are currently driving the deficit in that the sales price previously directed by the Council only covers the cost of the fuel and the cost of credit card charges and PILOT (payment in leau of taxes) to the General Fund. It does not cover any of the costs of the staff, insurance, utilities, etc. On average, the Marina's rate is $.45 (45 cents) per gallon below local market average. The current Code of Ordinances, Section 33.031states: Sec. 33.031. Sale of petroleum products. The city manager shall have authority to designate locations on city-owned property at or from which petroleum products for the use of boats may be sold and no such products may be sold or delivered except from such locations. The locations for sale of petroleum products by the city at the Clearwater Municipal Marina are the marina fuel dock located at the southeast end of the marina and the marina commercial fuel dock located along the seawall on the east end of the marina. A fully qualified fuel vendor, as approved by the city manager and under an annual fuel contract with the city, shall provide all petroleum products sold at the Clearwater Municipal Marina. The city manager shall establish retail prices for such petroleum products, which prices, insofar as federal regulations permit, shall be comparable with prices for similar products sold in similar quantities by other marine fuel outlets in the area. If allowed to sell fuel at market rates it is estimated revenues will increase by $190,000 to $340,000 per year. Staffing has been reduced at the Marina, with additional cuts to be effective next fiscal year. There have also been cuts in various other expense categories, including transfers to CIP. If approved by Council, a third quarter budget amendment will be made reflecting the transfer in of $230,000 from general fund reserves as well as other adjustments to revenue and expense categories as necessary. Cover Memo Type:Other Current Year Budget?:Yes Budget Adjustment:Yes Budget Adjustment Comments: Transfer from General Fund reserves. Current Year Cost:230,000 Annual Operating Cost: Not to Exceed:230,000 Total Cost:230,000 For Fiscal Year:2008 to 2009 Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Di e s e l M a r i n a D i e s e l 5 / 2 7 / 2 0 0 9 6 / 3 / 2 0 0 9 6 / 1 0 / 2 0 0 9 6 / 1 7 / 20 0 9 6 / 2 4 / 2 0 0 9 7 / 1 / 2 0 0 9 7 / 8 / 2 0 0 9 7 / 1 5 / 2 0 0 9 7 / 2 2 / 2 0 0 9 7 / 2 9 /2 0 0 9 8 / 5 / 2 0 0 9 8 / 1 2 / 2 0 0 9 x C l e a r w a t e r M u n i c i p a l $ 1 . 9 8 $ 2 . 1 2 $ 2 . 2 4 $ 2 . 3 2 $ 2 . 3 0 $ 2 . 3 2 $ 2. 2 3 $ 2 . 0 3 $ 2 . 2 3 $ 2 . 3 6 $ 2 . 3 5 $ 2 . 4 2 Ph o n e x C l e a r w a t e r M u n i c i p a l W / D i s c $ 1 . 8 8 $ 2 . 0 1 $ 2 . 1 2 $ 2 . 2 3 $ 2. 1 9 $ 2 . 2 1 $ 2 . 1 1 $ 1 . 9 2 $ 2 . 1 1 $ 2 . 2 4 $ 2 . 2 3 $ 2 . 2 9 72 7 - 7 3 3 - 9 3 2 4 x Ma r k e r 1 $2 . 4 0 $ 2 . 5 9 $ 2 . 7 9 $ 2 . 7 9 $ 2 . 8 0 $ 2 . 8 0 $ 2 . 8 0 $ 2 . 8 0 $ 2 . 8 0 $ 2 . 8 0 $ 2. 8 0 $ 2 . 8 0 72 7 - 9 3 7 - 2 2 0 0 x Po r t T a r p o n $2 . 5 5 $ 2 . 6 2 $ 2 . 6 2 $ 2 . 7 0 $ 2 . 7 0 $ 2 . 7 0 $ 2 . 7 0 $ 2 . 7 0 $ 2 . 7 0 $ 2 . 7 0 $ 2. 7 0 $ 2 . 7 5 72 7 - 3 9 9 - 2 6 3 1 x Ma d e i r a B e a c h M u n i c i p a l $2 . 2 2 $ 2 . 2 7 $ 2 . 4 4 $ 2 . 4 4 $ 2 . 4 4 $ 2 . 5 0 $ 2 . 5 0 $ 2 . 4 0 $ 2 . 3 1 $ 2 . 5 0 $ 2. 9 0 $ 2 . 5 7 72 7 - 9 3 7 - 1 1 0 0 x La n d i n g s $2 . 6 9 $ 2 . 6 4 $ 2 . 7 9 $ 2 . 7 0 $ 2 . 8 9 $ 2 . 7 5 $ 2 . 7 5 $ 2 . 9 9 $ 2 . 7 9 $ 2 . 7 9 $ 2. 7 9 $ 2 . 7 9 72 7 - 4 4 1 - 4 3 4 0 Se m i n o l e 72 7 - 5 9 5 - 3 5 9 2 La r g o 72 7 - 9 4 3 - 8 4 8 9 Be l l e H a r b o r 72 7 - 8 2 1 - 6 3 4 7 x Ha r b o r a g e $2 . 5 3 $ 2 . 5 4 $ 3 . 0 9 $ 3 . 1 0 $ 3 . 0 9 $ 3 . 0 9 $ 3 . 0 9 $ 3 . 0 9 $ 3 . 0 9 $ 3 . 0 9 $ 3. 0 9 $ 3 . 0 9 72 7 - 8 6 7 - 1 1 0 2 x Ma x i m o $2 . 4 9 $ 2 . 8 0 $ 2 . 6 6 $ 2 . 8 0 $ 2 . 6 9 $ 2 . 6 5 $ 2 . 5 6 $ 2 . 6 5 $ 2 . 6 5 $ 2 . 6 5 $ 2. 6 8 $ 2 . 6 5 72 7 - 8 9 3 - 1 0 7 1 x Gu l f p o r t $2 . 3 0 $ 2 . 3 9 $ 2 . 4 0 $ 2 . 3 9 $ 2 . 7 0 $ 2 . 6 9 $ 2 . 6 8 $ 2 . 6 8 $ 2 . 3 8 $ 2 . 3 8 $ 2. 3 7 $ 2 . 7 5 72 7 - 3 9 2 - 4 9 2 2 Ba y P i n e s To t a l $ 1 7 . 1 8 $ 1 7 . 8 5 $ 1 8 . 7 9 $ 1 8 . 9 2 $ 1 9 . 3 1 $ 1 9 . 1 8 $ 1 9 . 0 8 $ 1 9 . 3 1 $ 1 8 . 7 2 $ 1 8 . 9 1 $ 1 9 . 3 3 $ 1 9 . 4 0 Ex p a n d e d A v e r a g e $2 . 4 5 $ 2 . 5 5 $ 2 . 6 8 $ 2 . 7 0 $ 2 . 7 6 $ 2 . 7 4 $ 2 . 7 3 $ 2 . 7 6 $ 2 . 6 7 $ 2 . 7 0 $ 2. 7 6 $ 2 . 7 7 Di f f e r e n c e - $ 0 . 4 7 - $ 0 . 4 3 - $ 0 . 4 4 - $ 0 . 3 8 - $ 0 . 4 6 - $ 0 . 4 2 - $ 0 . 5 0 - $ 0 . 7 3 - $ 0 . 44 - $ 0 . 3 4 - $ 0 . 4 1 - $ 0 . 3 5 Lo c a l T o t a l $ 9 . 8 6 $ 1 0 . 1 2 $ 1 0 . 6 4 $ 1 0 . 6 3 $ 1 0 . 8 3 $ 1 0 . 7 5 $ 1 0 . 7 5 $1 0 . 8 9 $ 1 0 . 6 0 $ 1 0 . 7 9 $ 1 1 . 1 9 $ 1 0 . 9 1 Lo c a l A v e r a g e $ 2 . 4 7 $ 2 . 5 3 $ 2 . 6 6 $ 2 . 6 6 $ 2 . 7 1 $ 2 . 6 9 $ 2 . 6 9 $ 2 . 72 $ 2 . 6 5 $ 2 . 7 0 $ 2 . 8 0 $ 2 . 7 3 Di f f e r e n c e - $ 0 . 4 9 - $ 0 . 4 1 - $ 0 . 4 2 - $ 0 . 3 4 - $ 0 . 4 1 - $ 0 . 3 7 - $ 0 . 4 6 - $ 0 . 6 9 - $ 0 . 42 - $ 0 . 3 4 - $ 0 . 4 5 - $ 0 . 3 1 Ph o n e M a r i n a G a s 5 / 2 7 / 2 0 0 9 6 / 3 / 2 0 0 9 6 / 1 0 / 2 0 0 9 6 / 1 7 / 20 0 9 6 / 2 4 / 2 0 0 9 7 / 1 / 2 0 0 9 7 / 8 / 2 0 0 9 7 / 1 5 / 2 0 0 9 7 / 2 2 / 2 0 0 9 7 / 2 9 /2 0 0 9 8 / 5 / 2 0 0 9 8 / 1 2 / 2 0 0 9 Cl e a r w a t e r M u n i c i p a l $ 2 . 9 3 $ 3 . 0 5 $ 3 . 1 1 $ 3 . 2 2 $ 3 . 0 7 $ 3 . 0 2 $ 2 . 94 $ 2 . 7 8 $ 2 . 9 1 $ 3 . 0 3 $ 3 . 1 0 $ 3 . 1 4 Cl e a r w a t e r M u n i c i p a l W / D i s c $ 2 . 7 8 $ 2 . 8 9 $ 2 . 9 5 $ 3 . 0 2 $ 2 . 9 1 $ 2. 8 7 $ 2 . 7 9 $ 2 . 6 4 $ 2 . 7 6 $ 2 . 8 8 $ 2 . 9 4 $ 2 . 9 7 72 7 - 7 3 3 - 9 3 2 4 x Ma r k e r 1 $3 . 3 0 $ 3 . 6 9 $ 3 . 6 9 $ 3 . 6 9 $ 3 . 7 0 $ 3 . 7 0 $ 3 . 7 0 $ 3 . 7 0 $ 3 . 7 0 $ 3 . 7 0 $ 3. 7 0 $ 3 . 7 0 72 7 - 9 3 7 - 2 2 0 0 x Po r t T a r p o n $3 . 0 5 $ 3 . 1 3 $ 3 . 2 4 $ 3 . 3 6 $ 3 . 4 8 $ 3 . 2 5 $ 3 . 2 5 $ 3 . 2 5 $ 2 . 9 9 $ 3 . 2 0 $ 3. 2 0 $ 3 . 2 0 72 7 - 3 9 9 - 2 6 3 1 x Ma d e i r a B e a c h M u n i c i p a l $2 . 9 8 $ 3 . 0 7 $ 3 . 2 8 $ 3 . 3 8 $ 3 . 3 8 $ 3 . 3 5 $ 3 . 3 5 $ 3 . 2 4 $ 3 . 0 0 $ 3 . 1 7 $ 3. 2 0 $ 3 . 2 3 72 7 - 4 4 1 - 4 3 4 0 x Se m i n o l e 72 7 - 5 9 5 - 3 5 9 2 L a r g o $3 . 1 2 $ 3 . 2 9 $ 3 . 5 1 $ 3 . 7 6 $ 3 . 8 6 $ 3 . 5 0 $ 3 . 3 5 $ 3 . 3 5 $ 3 . 3 5 $ 3 . 5 3 $ 3. 7 3 $ 3 . 5 0 72 7 - 9 3 7 - 1 1 0 0 L a n d i n g s $2 . 9 4 $ 2 . 9 4 $ 3 . 2 9 $ 3 . 2 9 $ 3 . 2 9 $ 3 . 3 0 $ 3 . 3 0 $ 3 . 0 9 $ 2 . 9 9 $ 2 . 9 9 $ 2. 9 9 $ 2 . 9 9 72 7 - 9 4 3 - 8 4 8 9 x Be l l e H a r b o r $2 . 9 0 $ 2 . 8 9 $ 2 . 9 0 $ 3 . 2 9 $ 3 . 2 9 $ 3 . 3 0 $ 3 . 3 0 $ 3 . 1 0 $ 3 . 1 0 $ 3 . 0 9 $ 3. 0 9 $ 3 . 0 9 72 7 - 8 2 1 - 6 3 4 7 x Ha r b o r a g e $2 . 8 9 $ 3 . 0 2 $ 3 . 3 9 $ 3 . 5 0 $ 3 . 6 5 $ 3 . 6 5 $ 3 . 6 5 $ 3 . 6 5 $ 3 . 4 9 $ 3 . 6 5 $ 3. 6 5 $ 3 . 6 5 72 7 - 8 6 7 - 1 1 0 2 x Ma x i m o $3 . 0 1 $ 2 . 9 6 $ 2 . 9 6 $ 2 . 9 6 $ 2 . 9 6 $ 3 . 1 5 $ 2 . 9 6 $ 3 . 2 0 $ 3 . 2 1 $ 3 . 2 1 $ 3. 2 1 $ 3 . 2 1 72 7 - 8 9 3 - 1 0 7 1 x Gu l f p o r t $2 . 6 1 $ 2 . 9 5 $ 3 . 1 5 $ 3 . 6 7 $ 3 . 3 7 $ 3 . 3 7 $ 3 . 3 6 $ 3 . 3 6 $ 2 . 9 7 $ 2 . 9 8 $ 2. 9 7 $ 3 . 3 2 72 7 - 3 9 2 - 4 9 2 2 x Ba y P i n e s $2 . 9 6 $ 2 . 9 0 $ 2 . 9 0 $ 3 . 3 6 $ 3 . 3 6 $ 3 . 3 6 $ 3 . 3 6 $ 3 . 3 6 $ 3 . 1 0 $ 3 . 1 0 $ 3. 1 0 $ 3 . 1 0 To t a l $ 2 9 . 7 6 $ 3 0 . 8 4 $ 3 2 . 3 1 $ 3 4 . 2 6 $ 3 4 . 3 4 $ 3 3 . 9 3 $ 3 3 . 5 8 $ 3 3 . 3 0 $ 3 1 . 9 0 $ 3 2 . 6 2 $ 3 2 . 8 4 $ 3 2 . 9 9 Ex p a n d e d A v e r a g e $2 . 9 8 $ 3 . 0 8 $ 3 . 2 3 $ 3 . 4 3 $ 3 . 4 3 $ 3 . 3 9 $ 3 . 3 6 $ 3 . 3 3 $ 3 . 1 9 $ 3 . 2 6 $ 3. 2 8 $ 3 . 3 0 Di f f e r e n c e - $ 0 . 0 5 - $ 0 . 0 3 - $ 0 . 1 2 - $ 0 . 2 1 - $ 0 . 3 6 - $ 0 . 3 7 - $ 0 . 4 2 - $ 0 . 5 5 - $ 0 . 28 - $ 0 . 2 3 - $ 0 . 1 8 - $ 0 . 1 6 Lo c a l T o t a l $ 1 5 . 3 9 $ 1 6 . 1 2 $ 1 7 . 0 1 $ 1 7 . 4 8 $ 1 7 . 7 1 $ 1 7 . 1 0 $ 1 6 . 9 5 $ 1 6 . 6 3 $ 1 6 . 0 3 $ 1 6 . 5 9 $ 1 6 . 8 2 $ 1 6 . 6 2 Lo c a l A v e r a g e $ 2 . 5 7 $ 2 . 6 9 $ 2 . 8 4 $ 3 . 5 0 $ 2 . 9 5 $ 3 . 4 2 $ 2 . 8 3 $ 3 . 33 $ 3 . 2 1 $ 3 . 3 2 $ 3 . 3 6 $ 3 . 3 2 Di f f e r e n c e $ 0 . 3 7 $ 0 . 3 6 $ 0 . 2 8 - $ 0 . 2 8 $ 0 . 1 2 - $ 0 . 4 0 $ 0 . 1 2 - $ 0 . 5 5 - $ 0 . 30 - $ 0 . 2 9 - $ 0 . 2 6 - $ 0 . 1 8 Attachment number 1 Page 1 of 5 Di e s e l F u e l P r i c e s $2 . 4 0 $2 . 5 0 $2 . 6 0 $2 . 7 0 $2 . 8 0 $2 . 9 0 $3 . 0 0 $3 . 1 0 $1 . 8 0 $1 . 9 0 $2 . 0 0 $2 . 1 0 $2 . 2 0 $2 . 3 0 Cl e a r w a t e r M u n i c i p a l Cl e a r w a t e r M u n i c i p a l W / D i s c Ma r k e r 1 Po r t T a r p o n Ma d e i r a B e a c h M u n i c i p a l La n d i n g s Ha r b o r a g e Ma x i m o Gu l f p o r t Attachment number 1 Page 2 of 5 Ga s F u e l P r i c e s $3 . 2 5 $3 . 3 5 $3 . 4 5 $3 . 5 5 $3 . 6 5 $3 . 7 5 $3 . 8 5 $2 . 5 5 $2 . 6 5 $2 . 7 5 $2 . 8 5 $2 . 9 5 $3 . 0 5 $3 . 1 5 5/ 2 7 / 2 0 0 9 6 / 3 / 2 0 0 9 6 / 1 0 / 2 0 0 9 6 / 1 7 / 2 0 0 9 6 / 2 4 / 2 0 0 9 7 / 1 / 2 0 0 9 7 / 8 / 2 0 0 9 7 / 1 5 / 2 0 0 9 7 / 2 2 / 2 0 0 9 7 / 2 9 / 2 0 0 9 8 / 5 / 2 0 0 9 8/ 1 2 / 2 0 Cl e a r w a t e r M u n i c i p a l Cl e a r w a t e r M u n i c i p a l W / D i s c Ma r k e r 1 Po r t T a r p o n Ma d e i r a B e a c h M u n i c i p a l La r g o La n d i n g s Be l l e H a r b o r Ha r b o r a g e Ma x i m o Gu l f p o r t Ba y P i n e s Attachment number 1 Page 3 of 5 Fu e l S o l d t o d a t e A n t i c i p a t e d t o t a l D i e s e l / G a s A v e D i f f D i e s e l A ve D i f f G a s Ga l l o n s G a l l o n s S p l i t f r o m w e e k l y s u r v e y s f r o m w e e k l y s u r v ey s 85 9 , 0 3 6 1 , 0 8 5 , 0 9 8 7 0 / 3 0 0 . 4 5 0 Lo s s t o M a r i n a L o s s t o C i t y on D i e s e l @ $ 0 . 4 5 $ 3 4 1 , 8 0 6 O n P I L O T $ 1 8 , 7 9 9 . 3 2 $0 . 4 0 $ 3 0 3 , 8 2 7 $1 6 , 7 1 0 . 5 1 $0 . 3 5 $ 2 6 5 , 8 4 9 $1 4 , 6 2 1 . 7 0 $0 . 3 0 $ 2 2 7 , 8 7 1 $1 2 , 5 3 2 . 8 8 $0 . 2 5 $ 1 8 9 , 8 9 2 $1 0 , 4 4 4 . 0 7 Attachment number 1 Page 4 of 5 Re v e n u e s v s E x p e n d i t u r e s % $ % $ Fu e l 63 . 1 4 % $2 , 7 5 8 , 0 0 0 Pe r s o n n e l S e r v i c e s 20 . 9 3 % $9 6 2 , 1 1 0 Sl i p R e n t 17 . 7 4 % $7 7 5 , 0 0 0 Op e r a t i n g C o s t s 70 . 0 8 % $3 , 2 2 1 , 1 2 5 Tr a n i s e n t R e n t 5. 7 2 % $2 5 0 , 0 0 0 In t e r n a l S e r v i c e s 2. 3 2 % $1 0 6 , 5 5 0 Bu i l d i n g R e n t 3. 7 8 % $1 6 5 , 0 0 0 Ca p i t a l I t e m s 0. 5 8 % $2 6 , 7 0 0 La n d R e n t 2. 5 2 % $1 1 0 , 0 0 0 In t e r n a l T r a n s f e r s 6. 0 9 % $2 8 0 , 1 1 0 Se m i n o l e R a m p 3. 6 6 % $1 6 0 , 0 0 0 10 0 . 0 0 % $4 , 5 9 6 , 5 9 5 Ot h e r 3. 4 3 % $1 4 9 , 9 3 0 10 0 . 0 0 % $4 , 3 6 7 , 9 3 0 sh o r t f a l l $2 2 8 , 6 6 5 16 0 0 0 0 26 7 0 0 28 0 1 1 0 27 5 8 0 0 0 77 5 0 0 0 50 0 0 00 0 0 16 0 0 0 0 14 9 9 3 0 Fu e l Sl i p R e n t Tr a n i s e n t R e n t Bu i l d i n g R e n t La n d R e n t Se m i n o l e R a m p Ot h e r 96 2 1 1 0 32 2 1 1 2 5 10 6 5 5 0 26 7 0 0 28 0 1 1 0 Pe r s o n n e l S e r v i c e s Op e r a t i n g C o s t s In t e r n a l S e r v i c e s Ca p i t a l I t e m s In t e r n a l T r a n s f e r s Attachment number 1 Page 5 of 5 MARINA FUEL PRICING POLICY The policy for Marina fuel pricing will be: • Set the weekly fuel sales price slightly below the weekly average of the six (6) closest fuel selling marinas (6 sell both gas and diesel, and 4 sell only diesel), with the objective of recovering the following fuel dock costs of operations: 1. Purchase price of fuel 2. PILOT 3. Credit card charges 4. Operating costs of the fuel dock operation (personnel costs, utilities, insurance, other operating costs). 5. Discount for commercial and Boat US customers of $.10/gallon • Any receipts above those necessary to fully recover the costs of fuel dock operations would be retained to offset any operating shortfall in the Marina fund (slip rentals, building rentals, etc.) and/or to develop capital reserves for Marina repair and replacement as delineated in the Marina Fund CIP and Business Plan. • Due to locally competitive issues in the market, any particular weekly pricing may vary from the average; however, on a 52 week average basis the goal will be to achieve an average weekly price slightly below the direct competition as defined above. • The performance of the fuel pricing policy will be reported annually at the time the Marina Business Plan is reviewed by Council. Attachment number 2 Page 1 of 1 Interoffice Correspondence Sheet To: Rod Irwin, Assistant City Manager From: William D. Morris, Marine & Aviation Director Date: August 26, 2009 RE: Marinas used for Comparable Pricing The below listed marinas are used for our weekly survey of fuel prices done on Wednesdays. We track additional marinas but the ones listed are those we use for doing our price survey. Marinas Used for Comparisons: Marker One (in Dunedin) Port Tarpon Marina Madeira Beach Municipal The Landings at Tarpon Springs Seminole Street Bait House (now called Jackson’s) Largo Coastal Marine Each Wednesday we call each marina to see where our prices are in relation to the average price of Marinas in the area. Due to the current economy and federal tank regulations some marinas have gone out of business, some have just stopped selling fuel. At least one is currently replacing its tanks and piping to meet upcoming federal regulations for double walls. After we survey we propose to compute our price by adding the costs required to cover the cost of fuel, our fixed costs, the Pilot fee and the cost of credit cards and then adjust to the local area market price and work to stay slightly below market. Over the past year we have ranged from 31 to 79 cents below the local market average, with our annual average about 45 cents below market. We have not recovered our fixed costs over the past two years. If we bring our prices to just below the local market average based on weekly surveys we anticipate covering our fixed costs. Any additional above recovering our costs would go to fund our reserves for capital improvements such as dock maintenance, utility maintenance and repairs and dredging. Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Approve First Amendment to Agreement for Professional Management Services between the City of Clearwater and Global Spectrum, L.P. for management services for the Harborview Center from September 30, 2009 through February 28, 2010 and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2005 the City Council approved a new management agreement with Global Spectrum to provide oversight and administration for the Harborview Center until September 30, 2009. Stein Mart has notified the City that they will not be renewing their agreement with the City and that their last day of operation according to the agreement between the City and Stein Mart will be September 30, 2009. The City is currently negotiating with Pickles Plus regarding the future of their agreement with the City. Staff and Global Spectrum are recommending extending the current agreement by 5 months in order to take advantage of additional winter bookings. Global has determined that even with the five additional months the subsidy for next fiscal year will not exceed $72,500 which is far less than the current pro-rated subsidy of $106,250. This will allow the Florida Huddle event to operate as scheduled. All other terms of the agreement are pro-rated to reflect 5 months of operations rather than a full year of operation and or remain the same. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$72,500 Annual Operating Cost:-0- Not to Exceed:$72,500 Total Cost:$72,500 For Fiscal Year:2009 to 2010 Appropriation Code Amount Appropriation Comment 0462-01570 $72,500 Subsidy tranferred into General Fund. Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES This First Amendment to Agreement for Professional Management Services is entered into _________________, 2009, by and between the City of Clearwater, a municipal corporation organized and existing under the laws of the State of Florida (“City”) and Global Spectrum, LP a limited partnership organized and existing under the laws of the State of Delaware (“Global”) (individually “Party” or collectively the “Parties”). RECITALS Whereas, the City and Global entered into that certain Agreement For Professional Management Services on August 4, 2005 to provide oversight and administration for the Harborview Center from October 1, 2005 through September 30, 2009; and Whereas, the City and Global desire to extend said Agreement for five (5) additional months. NOW, THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Article 2, Compensation, Section 2.1 Management Fee is revised as follows. As consideration for the performance of Global’s obligations hereunder, Global shall draw a base management fee (“Base Management Fee”), of $7,270 per month during the Extension Period (as defined below) for a total of $36,350. The Base Management Fee shall be payable to Global in advance each month, beginning on the Effective Date of this Amendment and payable on the first (1st) day of each month thereafter. The Base Management Fee shall be included in the prorated Operating Budget as an Operating Expense (as such terms are defined herein) of the Facility, and Global shall be entitled to pay itself such amount from the Facility Operating Account (as defined in Section 8.2). 3. Article 2, Compensation, Section 2.3 Rebate of Facility Loss is revised as follows. In the event the Facility experiences a “Loss” in any Operating Year (defined as net income, to the extent it is a negative number, per Global’s audited financial statements as required hereunder, which includes, the Total Subsidy (as defined herein) as a revenue item and expenditures paid back to the City for City services (as described in Section 7.2) as an expense item) Global shall rebate, by depositing into the Operating Account, the amount of said Loss up to an amount equal to $228,300 in the first Operating Year, $212,000 in the second Operating Year, $200,000 in the third and fourth Operating Years and for the Extension Period the amount shall not exceed the Total Subsidy (as defined herein) (“Rebate”). Any Loss in excess of the amount due as a Rebate by Global under the Attachment number 1 Page 1 of 3 previous sentence shall be the sole responsibility of the City. The Rebate, if any, shall be paid into the Operating Account as an advance during each Operating Year if and when needed due to a cash shortfall, in order to permit the continuation of operations at the Facility, without interruption. The parties shall hold a settlement within ninety (90) days of the end of each Operating Year to account to each other for any underpayment or overpayment by Global towards a Loss during such Operating Year. Notwithstanding the foregoing, in the event of a Force Majeure, upon the happening of such occurrence, Global shall not be obligated to advance such Rebate during the Operating Year, but rather, to the extent it is obligated to pay the Rebate, shall pay it following the end of such Operating Year. 4. Article 2, Compensation, Section 2.4 Subsidies is revised as follows. The Total Subsidy for each Operating Year to be paid by the City to Global shall consist of a City Cash Subsidy (“City Cash Subsidy”), plus the base rent from lease agreements with Steinmart and Pickles Plus Too, Inc., as provided for below: Operating Year City Cash Subsidy Steinmart Pickles Plus 1 (2005-06) $283,300 $150,000 $30,000 2 (2006-07) $267,000 $150,000 $30,000 3 (2007-08) $255,000 $150,000 $30,000 4 (2008-09) $255,000 $150,000 $30,000 5 (2009-10) $60,000 $0.00 $12,500 The City Cash Subsidy shall be paid to Global annually, in accordance with Section 1.2 hereunder, and the Lessee rent portions of the Total Subsidy shall be paid to Global monthly by the date on which such amounts are due from the Lessees under their respective lease agreements (regardless of when such amounts are actually paid to the City, and even if for any reason such amounts are not paid to the City), and shall be deposited into the Operating Account. The City shall retain any additional rents paid by Steinmart or Pickles Plus, Inc., in accordance with their respective lease agreements in excess of the above base rent amounts. 5. Article 3, Term; Termination, Section 3.1, Term is amended to extend the term of the Professional Management Agreement for the City of Clearwater Harborview Center for five (5) additional months (the “Extension Period”), from September 30, 2009 through February 28, 2010 (“Extension Period Termination Date”). Additionally, the third (3rd) sentence of Section 3.1 (beginning with the word “Thereafter”) shall be amended and restated as follows: Thereafter, “Operating Year” shall be the twelve-month period beginning on October 1 of the corresponding year and terminating on September 30 of the following calendar year, provided that the 5-month period beginning on September 30, 2009 and terminating on February 28, 2010 shall also be an “Operating Year”. 6. Article 3, Term; Termination, Section 3.2(b) shall be revised to add the following sentence to the end of the paragraph. Termination at the Extension Period Termination Attachment number 1 Page 2 of 3 Date shall be construed as termination in accordance with the terms of the Agreement and in no instance shall such termination be construed as termination in accordance with Section 3.2(a)(iv) of the Agreement, with reimbursement due as set out in Exhibit “B”. 7. Other than as expressly set forth herein, all other terms and conditions of the Agreement for Professional Management Services, including without limitation Section 2.2 thereof, shall remain in full force and effect, unmodified by the terms hereof. The Agreement, as amended by the terms of this Amendment, constitutes the entire agreement of the parties with respect to the subject matter hereof and may only be modified by the written agreement of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment on the _____ day of ______________, 2009. GLOBAL SPECTRUM, LP By: _________________________________ Print Name: __________________________ Title: ________________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ____________________________ By: _________________________________ Frank V. Hibbard William B Horne II Mayor City Manager Approved as to form: Attest: ____________________________ _____________________________________ Laura Lipowski Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Amend sections 22.21, 22.33, 22.34, 22.35 and 22.47 of the City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation and pass Ordinance 8104-09 on first reading. SUMMARY: Due to reorganization of the beach lifeguard operations moving from the management of the Marina Department to the Parks and Recreation Department it is necessary to change several sections of the Code of Ordinances to reflect this administrative change. The changes affecting sections 22.21, and 22.33; in general change the responsibilities of management from the “Marine Department” to the “City Manager or his designee”. In addition, the term “safe bathing limit” is being removed from the code since it is somewhat confusing as to the full meaning of the term and in some cases may actually create an unsafe condition. Section 22.21 Definitions. · Clarification of the definition for the operation of public bathing beaches from “City Marine Department” to the “City Manager or his designee”. · Removal of the definition of term “safe bathing limits” and elimination of the term in the remainder of the code. Section 22.33 Bathing and swimming areas and the Courtney Campbell Recreation Area. · Clarification of the department responsible for posting the rules governing public beaches and the Courtney Campbell Recreation Area from the “Marine Department personnel” to the “City Manager or his designee”. · Clarification of the person responsible for closing public beaches and the Courtney Campbell Recreation Area from the “Harbormaster” to the “City Manager or his designee”. · Removal of term “safe bathing limits” and addition of area described in section 33.114, to protect public beach areas from surfboards, sailboats, motorboats, personal water craft, etc. Sec. 22.34. Boating. · Removal of term “safe bathing limits” and addition of area described in section 33.114, to protect public beach areas from persons operating boats or watercraft in restricted areas and public bathing beach areas. Section 22.35 Fishing. · Removal of term “safe bathing limits” and addition of area described in section 33.114 to protect public beach areas from fishing. Section 22.47 Aircraft. · Removal of term “safe bathing limits” and addition of area described in section 33.114 to protect public beach areas from Persons operating aircraft. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Ordinance No. 8104-09 ORDINANCE NO. 8104-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION; MODIFYING SECTIONS 22.21 DEFINITIONS, PUBLIC BATHING BEACHES, AND 22.33 BATHING AND SWIMMING AREAS AND THE COURTNEY CAMPBELL RECREATION AREA, SUBSECTIONS (4) AND (8) TO CHANGE ADMINISTRATIVE RESPONSIBILITY THEREFORE FROM THE CITY MARINE DEPARTMENT TO THE CITY MANAGER OR HIS DESIGNEE; AMENDING SECTION 22.21 DEFINITIONS, TO ELIMINATE THE DEFINITION OF SAFE BATHING LIMIT; AMENDING SECTIONS 22.33 (6) BATHING AND SWIMMING AREAS AND THE COURTNEY CAMPBELL RECREATION AREA, 22.34(2) BOATING, 22.35(6) FISHING, AND 22.47(3) AIRCRAFT, TO DESCRIBE AREAS FORMERLY DESCRIBED AS SAFE BATHIING LIMITS AS AREAS PROHIBITING, GENERALLY, WATERCRAFT AND AIRCRAFT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has reorganized the beach lifeguard operations moving the management from the Marine Department to the Parks and Recreation Department; and WHEREAS, the Code of Ordinances currently references the Marine Department as the responsible party to oversee the beach operations, and WHEREAS, it is necessary to change the Code so that the City Manager or his designee is responsible for operations of the beach and lifeguards; and WHEREAS, there are several other parts of the code that need to be updated and modified to meet these changes; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* * * * Attachment number 1 Page 1 of 4 Ordinance No. 8104-09 Article II. Use Regulations* Section 22.21. Definitions * * * Public bathing beaches means public beaches abutting the Gulf of Mexico which are assigned to the city parks and recreation department for upkeep and maintenance and to the city marine department city manager or his designee for operation. * * * Safe bathing limit means the swimming or bathing area between the shoreline and a point 300 feet offshore that is marked by buoys or other similar devices and that is described in section 33.114. * * * Sec. 22.33. Bathing and swimming areas and the Courtney Campbell Recreation Area. * * * (4) Persons using public beaches or the Courtney Campbell Recreation Area shall obey all rules posted by marine department personnel the city manager or his designee and other rules affecting beach use and water safety which are implemented as the situation dictates. * * * (6) Surfboards, sailboats, motorboats, personal watercraft, or singular hand-surfaced objects are not permitted to be beached on any public beach or to be operated within safe bathing limits associated therewith in any area described in section 33.114 unless authorized. * * * (8) Public Beaches and the Courtney Campbell Recreation Area, as well as the swimming areas associated therewith, may be closed to the public when, in the opinion of the city manager or his designee harbormaster, use of such areas is considered dangerous due to weather, surf or other conditions. * * * Sec. 22.34 Boating. Attachment number 1 Page 2 of 4 Ordinance No. 8104-09 * * * (2) No person shall bring into or operate any boat or watercraft of any kind whatsoever; whether motorized or not, in any safe bathing limits or restricted area associated with any public bathing beach of the city or in any area described in section 33.114 except city vessels performing official tasks and authorized under section 33.116. * * * Sec. 22.35. Fishing. * * * (6) No person shall at any time fish from beaches in any area where bathing and swimming are permitted nor within any safe bathing limits or restricted area associated therewith or in any area described in section 33.114. * * * Sec. 22.47. Aircraft * * * (3) No person shall take off, land or otherwise operate any aircraft in or over any safe bathing limits associated with any public beach or in any area described in section 33.114. * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ __________________________ Laura Lipowski Mahony Cynthia E. Goudeau Attachment number 1 Page 3 of 4 Ordinance No. 8104-09 Assistant City Attorney City Clerk Attachment number 1 Page 4 of 4 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in FY 2009/2010 in the amount of $130,376.59 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway District Five-Year Action Plan and authorize the appropriate officials to execute same. (consent) SUMMARY: 1. On August 31, 2009, the CRA approved the attached Interlocal Agreement to provide Tax Increment Funding (TIF) funding to The City Of Clearwater in the amount of $130,376.59 to provide two (2) Community Police officers to the CRA area of the East Gateway. 2. The term of this Interlocal Agreement will be October 1, 2009 through September 30, 2010. 3. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361(1), Florida Statutes, and will be used to provide a more visible community policing presence within the East Gateway neighborhood. 4. This is the second year of the Agreement between the CRA and the City. As a result of the officers deployed under the 2008/09 Agreement, conditions have substantially improved in the East Gateway area. Both residents and businesses have enthusiastically embraced the program; however, it is recommended that the program continue as justified by the ongoing activity in the area that negatively impacts the quality of life. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2009 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has established a Five Year Plan that contains an East Gateway Character District Strategy, which includes the element to "provide a more visible community policing presence within the East Gateway neighborhood"; and WHEREAS, the CRA has ascertained that the East Gateway area continues to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution, and street crimes in the target area; and WHEREAS, the CRA and the CITY entered into an Interlocal Agreement during the Fiscal Year 2008/2009 in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Year 2008/2009 and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year 2009/2010, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. The term of this Interlocal Agreement will be October 1, 2009 through September 30, 2010. Attachment number 1 Page 1 of 6 2 Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the East Gateway neighborhood. Section 3. Responsibilities of the CRA Function: A. Provide TIF funding in the total amount of $130,376.59 for the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the community policing presence, to be allocated in the following manner: B. $128,776.59 to pay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits. C. $1,600, the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the East Gateway Area. Section 4. Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out the CPD. These services are: A) Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal: Reduce drug dealing, prostitution, and street crimes. 1. Objective 1: Remove identified dealers and career criminals from the area. Tasks: a) Identify the drug dealers and gang members in the area b) Gather intelligence information utilizing undercover techniques and surveillance equipment. c) Develop confidential informants to assist in furthering criminal investigations of the "worst of the worst" offenders. Outcome Measures: Attachment number 1 Page 2 of 6 3 a) Develop two (2) confidential informants in the target area. b) Increase by 25% the number of criminal charges filed against drug dealers in the target area. c) Increase by 25% the number of FIR’s/Reports identifying suspected gang members in the target area. 2. Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks: a) Conduct reverse prostitution "stings" utilizing police officers as decoys. b) Utilize directed patrol to discourage prostitutes and "Johns" from frequenting the area. c) Impound vehicles of "Johns) who are arrested for soliciting prostitutes or police decoys in the area. d) Coordinate with the City's Community Response Team to enhance code enforcement in the target area relative to properties that are in disrepair and negatively impact the quality of life in the East Gateway. Outcome measures: a) Conduct minimum of three (3) reverse sting operations annually. b) Conduct quarterly inspections in conjunction with Community Response Team of properties that are in disrepair and negatively impact the quality of life in the East Gateway. 3. Objective 3: Reduce crimes committed by and against homeless individuals in the target area. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals. b) Enforce "Rules of Conduct" as set forth by the Clearwater Homeless Intervention Project (including prohibitions against panhandling, public drinking, public urination, loitering, etc.) Outcome Measures: a) Increase arrests and citations for violations of criminal law or ordinances by 25% over a five-year period. b) Increase trespass warnings within the East Gateway area by 25% over a five-year period. Attachment number 1 Page 3 of 6 4 B) In order to carry out the Law Enforcement Strategy above, the CDP will provide the following: 1. Two (2) fully equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of eight (8) hours per day, five (5) days per week. 2. Specific duties, activities, and responsibilities: a) The officers will be assigned to a Community Policing Team with geographical responsibility for the East Gateway. b) The Team assignment will always ensure coverage by two (2) officers. c) Schedules of the officers will vary, but coverage will be predominately during evening hours. d) Officers will patrol by both vehicles and bicycles. e) A report of police activities and statistical information will be provided to the CRA on a scheduled basis. f) The officers selected will be experienced, current member of the CPD. 3. An existing, fully-equipped Crown Victoria Police Car. C) All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. D) No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the CRA area or for equipment used outside the CRA area. E) Other administrative duties as mutually agreed. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand- delivered or mailed as follows: Chairperson, Board of Trustees Community Redevelopment Agency 112 South Osceola Avenue Clearwater, Florida 33756 City of Clearwater Attn: Rod Irwin, Asst City Mgr. for Econ. Development 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4040 Attachment number 1 Page 4 of 6 5 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Frank Hibbard, Chairperson ATTEST: By:______________________________ Cynthia E. Goudeau, City Clerk Attachment number 1 Page 5 of 6 6 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By:_____________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 6 of 6 8/14/2009-2:07 PM CRA Officers 1 Officer 2 Officers Step 2 Step 2 Base Salary46,694.70 93,389.40 - Pension (20%)9,338.94 18,677.88 - Social Security (1.45%)677.07 1,354.15 - Major Medical6,200.00 12,400.00 - Life Insurance10.00 20.00 - Workers Compensation1,467.58 2,935.16 - 64,388.29 128,776.59 Police Department For FY 2009/10 EXHIBIT A Position Enhancement Fact Sheet Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Award a contract to APAC Southeast Incorporated of 4636 Scarsborough Drive, Lutz, Fl for the construction of the East Avenue Trail Connection from Drew Street on the north to Turner Street on the south (09-0023EN)in the amount of $289,029.25 and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item provides for the construction of a two way bike lane on East Avenue along with the milling and resurfacing of the roadway. The plan is to convert the roadway from two way vehicular traffic to one way vehicular traffic northbound and a two way bikeway in the southbound side of the roadway. The bikeway will be delineated with the proper signage and pavement markings according to the MUTCD and FDOT Standards. The project is funded by the American Recovery and Reinvestment Act of 2009. The project is being built under a LAP (Local Agency Program) Agreement approved by City Council on May 21st, 2009. Resolution 09-24 was approved on May 21st, 2009 supporting this LAP Agreement. The bikeway and roadway will be maintained by the Public Services Department and the Traffic Operations Division of the Engineering Department. A third quarter budget amendment will establish the Capital Improvement Program (CIP) project 0315-92343, East Avenue Trail with $1,392,000 of FDOT (334411) grant revenue to fund the contract. Type:Capital expenditure Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: See summary Current Year Cost:$289,029.25 Annual Operating Cost: Not to Exceed:$289,029.25 Total Cost:$289,029.25 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-92343-563700-541- 000-0000 $289,029.25See summary Bid Required?:Yes Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Page 1 BOND NUMBER: _________________ CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we APAC-SOUTHEAST, INC., Contractor and FEDERAL INSURANCE COMPANY (Surety) whose home address is 15 MOUNTAIN VIEW ROAD, WARREN, NEW JERSEY 07061. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: TWO HUNDRED EIGHTY-NINE THOUSAND TWENTY NINE DOLLARS AND TWENTY FIVE CENTS ($289,029.25) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the_____, day of , 2009, entered into between the Contractor and the City of Clearwater for: EAST AVENUE TRAIL CONNECTOR – TURNER STREET TO DREW STREET (09-0023-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Attachment number 1 Page 1 of 6 Page 2 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2009 APAC-SOUTHEAST, INC. CONTRACTOR By: ATTEST: ____________________ SURETY WITNESS: By: ATTORNEY-IN-FACT ___________________________________ COUNTERSIGNED: Attachment number 1 Page 2 of 6 Page 3 CONTRACT This CONTRACT made and entered into this ____ day of ____________, 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and APAC-SOUTHEAST, INC. of the City of LUTZ, County of PASCO and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: EAST AVENUE TRAIL CONNECTOR – TURNER STREET TO DREW STREET (09-0023- EN) FOR THE SUM OF: TWO HUNDRED EIGHTY-NINE THOUSAND TWENTY NINE DOLLARS AND TWENTY FIVE CENTS ($289,029.25) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Attachment number 1 Page 3 of 6 Page 4 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Attachment number 1 Page 4 of 6 Page 5 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By:_______________________________ ______________________(Seal) William B. Horne, II City Manager Attest: Countersigned: ________________________ Cynthia E. Goudeau, City Clerk By:_______________________________ Approved as to form Frank Hibbard, Mayor-Councilmember _______________________ Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) _______________________ _______________________ (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Attachment number 1 Page 5 of 6 Page 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF ____________________ COUNTY OF _______________________ On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of APAC-SOUTHEAST, INC. a Florida Corporation, with its principal place of business located at 2165 LOGAN STREET, CLEARWATER, FLORIDA 33765 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of ________ , 2009, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: EAST AVENUE TRAIL CONNECTOR – TURNER STREET TO DREW STREET (09-0023-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me APAC-SOUTHEAST, INC. AFFIANT This day of , 20___ BY: _______________________ __________________________________ NOTARY PUBLIC _________________________ My Commission Expires: PRESIDENT Attachment number 1 Page 6 of 6 BI D I T E M S QT Y U N I T U N I T P R I C E A M O U N T U N I T P R I C E A M O U N T U N I T P R I C E A M O U N T UN I T P R I C E A M O U N T UN I T P R I C E A M O U N T U N I T P R I C E A M O U N T U N I T P R I C E A M O U N T 1 1 0 1 - 1 , M O B I L I Z A T I O N L S 1 3 6 , 0 0 0 . 0 0 $ 3 6 , 0 0 0 . 0 0 $ 3 2 , 0 9 1 . 0 0 $ 3 2 , 0 9 1 . 0 0 $ 3 6 , 0 0 0 . 0 0 $ 3 6 , 0 0 0 . 0 0 $ - $ - $ - $ 2 10 2 - 1 , M A I N T E N A N C E O F T R A F F I C LS 1 33 , 0 0 0 . 0 0 $ 33 , 0 0 0 . 0 0 $ 23 , 9 0 5 . 0 0 $ 23 , 9 0 5 . 0 0 $ 26 , 5 0 0 . 0 0 $ 26 , 5 0 0 . 0 0 $ - $ - $ - $ 3 1 0 4 - 1 6 , R O C K B A G S E A 9 2 0 6 . 2 5 $ 5 , 7 5 0 . 0 0 $ 3 . 3 5 $ 3 , 0 8 2 . 0 0 $ 7 . 7 0 $ 7 , 0 8 4 . 0 0 $ - $ - $ - $ 4 1 1 0 - 1 - 1 , C L E A R I N G A N D G R U B B I N G LA / A C 0. 1 5 5 , 0 0 0 . 0 0 $ 7 5 0 . 0 0 $ 6 9 , 4 1 2 . 0 0 $ 1 0 , 4 1 1 . 8 0 $ 1 6 3 , 8 5 0 . 0 0 $ 2 4 , 5 7 7 . 5 0 $ - $ - $ - $ 5 32 7 - 7 0 - 6 , M I L L I N G E X I S T I N G A S P H A L T PA V E M E N T , 1 . 5 " A V E . D E P T H SY 1 2 8 7 2 2 . 4 5 $ 3 1 , 5 3 6 . 4 0 $ 1 . 6 5 $ 2 1 , 2 3 8 . 8 0 $ 2 . 4 0 $ 3 0 , 8 9 2 . 8 0 $ - $ - $ - $ 6 (T R A F F I C B ) ( 1 . 5 " ) ( R U B B E R ) TN 1 0 8 0 9 8 . 0 0 $ 1 0 5 , 8 4 0 . 0 0 $ 1 0 2 . 0 5 $ 1 1 0 , 2 1 4 . 0 0 $ 1 2 3 . 0 0 $ 1 3 2 , 8 4 0 . 0 0 $ - $ - $ - $ 7 4 2 5 . 5 , M A N H O L E , A D J U S T E A 1 0 1 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 3 7 3 . 0 0 $ 3 , 7 3 0 . 0 0 $ 2 0 2 . 0 0 $ 2 , 0 2 0 . 0 0 $ - $ - $ - $ 8 5 1 9 - 7 8 , B O L L A R D S E A 1 8 2 2 5 . 0 0 $ 4 , 0 5 0 . 0 0 $ 3 5 7 . 0 0 $ 6 , 4 2 6 . 0 0 $ 1 , 1 0 0 . 0 0 $ 1 9 , 8 0 0 . 0 0 $ - $ - $ - $ 9 52 0 - 1 - 1 0 , C O N C R E T E C U R B A N D G U T T E R , T Y P E LF 5 0 0 2 4 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 2 8 . 0 0 $ 1 4 , 0 0 0 . 0 0 $ 1 3 . 5 0 $ 6 , 7 5 0 . 0 0 $ - $ - $ - $ 10 5 2 2 - 2 , S I D E W A L K C O N C R E T E , 6 " T H I C K S Y 1 0 4 5 1 . 0 0 $ 5 , 3 0 4 . 0 0 $ 3 9 . 0 0 $ 4 , 0 5 6 . 0 0 $ 6 9 . 0 0 $ 7 , 1 7 6 . 0 0 $ - $ - $ - $ 11 52 7 - 1 , D E T E C T A B L E W A R N I N G O N W A L K I N G SU R F A C E , R E T R O F I T EA 2 0 2 3 4 . 0 0 $ 4 , 6 8 0 . 0 0 $ 4 4 6 . 0 0 $ 8 , 9 2 0 . 0 0 $ 6 7 5 . 0 0 $ 1 3 , 5 0 0 . 0 0 $ - $ - $ - $ 12 70 0 - 2 0 - 1 1 , S I G N , S I N G L E P O S T , F & I , ( L E S S TH A N 1 2 S F ) AS 3 3 2 5 3 . 0 0 $ 8 , 3 4 9 . 0 0 $ 2 5 7 . 0 0 $ 8 , 4 8 1 . 0 0 $ 2 3 0 . 0 0 $ 7 , 5 9 0 . 0 0 $ - $ - $ - $ 13 7 0 0 - 2 0 - 1 2 , S I G N , S I N G L E P O S t , F & I , 1 2 - 2 0 S F A S 8 3 9 2 . 0 0 $ 3 , 1 3 6 . 0 0 $ 3 9 0 . 0 0 $ 3 , 1 2 0 . 0 0 $ 3 5 0 . 0 0 $ 2 , 8 0 0 . 0 0 $ - $ - $ - $ 14 70 0 - 2 0 - 6 0 , R E M O V E E X I S T I N G S I G N , S I N G L E PO S T EA 1 9 1 1 . 0 0 $ 2 0 9 . 0 0 $ 5 . 5 0 $ 1 0 4 . 5 0 $ 5 . 0 0 $ 9 5 . 0 0 $ - $ - $ - $ 15 7 0 0 - 4 8 - 4 8 , S I G N P A N E L S R E L O C A T E , 1 5 O R < E A 2 0 3 2 . 0 0 $ 6 4 0 . 0 0 $ 6 7 . 0 0 $ 1 , 3 4 0 . 0 0 $ 6 0 . 0 0 $ 1 , 2 0 0 . 0 0 $ - $ - $ - $ 16 7 0 5 - 1 0 - 1 , O B J E C T M A R K E R , T Y P E I E A 1 1 2 0 . 0 0 $ 1 2 0 . 0 0 $ 1 3 4 . 0 0 $ 1 3 4 . 0 0 $ 1 2 0 . 0 0 $ 1 2 0 . 0 0 $ - $ - $ - $ 17 7 1 1 - 1 1 - 1 1 1 , 4 " S O L I D T R A F F I C S T R I P E ( W H I T E ) N M 0 . 9 2 7 3 , 2 9 0 . 0 0 $ 3 , 0 4 9 . 8 3 $ 4 , 0 2 8 . 0 0 $ 3 , 7 3 3 . 9 6 $ 3 , 6 1 1 . 0 0 $ 3 , 3 4 7 . 4 0 $ - $ - $ - $ 18 71 1 - 1 1 - 1 1 1 , 6 " S O L I D T R A F F I C S T R I P E (Y E L L O W ) NM 0 . 0 9 2 7 3 , 2 9 0 . 0 0 $ 3 0 4 . 9 8 $ 4 , 0 2 8 . 0 0 $ 3 7 3 . 4 0 $ 3 , 6 1 1 . 0 0 $ 3 3 4 . 7 4 $ - $ - $ - $ 19 71 1 - 1 1 - 1 2 3 , 1 2 " S O L I D T R A F F I C S T R I P E (W H I T E ) LF 4 6 3 5 1 . 9 5 $ 9 , 0 3 8 . 2 5 $ 2 . 2 5 $ 1 0 , 4 2 8 . 7 5 $ 2 . 0 0 $ 9 , 2 7 0 . 0 0 $ - $ - $ - $ 20 71 1 - 1 1 - 1 1 2 5 , 2 4 " S O L I D T R A F F I C S T R I P E (W H I T E ) LF 1 8 5 3 . 9 5 $ 7 3 0 . 7 5 $ 4 . 4 5 $ 8 2 3 . 2 5 $ 4 . 0 0 $ 7 4 0 . 0 0 $ - $ - $ - $ 21 71 1 - 1 1 - 1 6 0 , P A V E M E N T M E S S A G E ( B I K E SY M B O L ) EA 3 4 1 7 5 . 0 0 $ 5 , 9 5 0 . 0 0 $ 8 9 . 0 0 $ 3 , 0 2 6 . 0 0 $ 8 0 . 0 0 $ 2 , 7 2 0 . 0 0 $ - $ - $ - $ 22 71 1 - 1 1 - 1 6 0 , P A V E M E N T M E S S A G E ( B I K E "S T O P " ) EA 3 4 1 7 5 . 0 0 $ 5 , 9 5 0 . 0 0 $ 1 5 6 . 0 0 $ 5 , 3 0 4 . 0 0 $ 1 4 0 . 0 0 $ 4 , 7 6 0 . 0 0 $ - $ - $ - $ 23 71 1 - 1 1 - 1 7 0 , D I R E C T I O N A L A R R O W ( B I K E TH R U ) EA 2 6 9 5 . 0 0 $ 2 , 4 7 0 . 0 0 $ 8 9 . 0 0 $ 2 , 3 1 4 . 0 0 $ 8 0 . 0 0 $ 2 , 0 8 0 . 0 0 $ - $ - $ - $ 24 71 1 - 1 1 - 1 7 0 , D I R E C T I O N A L A R R O W ( M O T O R VE H I C L E T H R U ) EA 2 6 9 5 . 0 0 $ 2 , 4 7 0 . 0 0 $ 8 9 . 0 0 $ 2 , 3 1 4 . 0 0 $ 8 0 . 0 0 $ 2 , 0 8 0 . 0 0 $ - $ - $ - $ 25 71 1 - 1 1 - 1 7 0 , D I R E C T I O N A R R O W ( M O T O R VE H I C L E L + R ) EA 2 6 9 5 . 0 0 $ 2 , 4 7 0 . 0 0 $ 1 1 2 . 0 0 $ 2 , 9 1 2 . 0 0 $ 1 0 0 . 0 0 $ 2 , 6 0 0 . 0 0 $ - $ - $ - $ 26 71 1 - 1 1 - 2 1 1 , 4 " S O L I D T R A F F I C E S T R I P E (Y E L L O W ) NM 0 . 7 8 8 3 , 2 9 0 . 0 0 $ 2 , 5 9 2 . 5 2 $ 4 , 0 2 5 . 0 0 $ 3 , 1 7 1 . 7 0 $ 3 , 6 1 5 . 0 0 $ 2 , 8 4 8 . 6 2 $ - $ - $ - $ 27 71 1 - 1 1 - 1 7 0 , 6 " S O L I D T R A F F I C S T R I P E (Y E L L O W ) NM 0 . 7 8 8 3 , 2 9 0 . 0 0 $ 2 , 5 9 2 . 5 2 $ 4 , 0 2 5 . 0 0 $ 3 , 1 7 1 . 7 0 $ 3 , 6 1 5 . 0 0 $ 2 , 8 4 8 . 6 2 $ - $ - $ - $ 28 71 1 - 1 1 - 2 3 1 , 4 " ( 3 ' / 9 ' ) S K I P T R A F F I C S T R I P E (Y E L L O W ) LF 2 5 3 1 . 9 5 $ 4 9 3 . 3 5 $ 0 . 8 0 $ 2 0 2 . 4 0 $ 0 . 7 0 $ 1 7 7 . 1 0 $ - $ - $ - $ TO T A L C O N S T R U C T I O N C O S T S ( I T E M S 1 - 2 8 ) 29 0 , 4 7 6 . 6 0 $ 2 8 9 , 0 2 9 . 2 5 $ 3 5 2 , 7 5 1 . 7 8 $ - $ - $ - $ Sh a d e d a r e a i s c o r r e c t f i g u r e Co n t r a c t o r s P i c k i n g U p P l a n s / S p e c s - 9 Co n t r a c t o r s S u b m i t t i n g B i d s - 3 No R e s p o n s e - 6 EA S T A V E N U E T R A I L C O N N E C T O R - T U R N E R S T R E E T T O D R E W S T R E E T 0 9 - 0 0 2 3 - E N AJ A X P A V I N G I N D U S T R I E S OF F L O R I D A I N C 51 0 G E N E G R E E N R D . NA K O M I S , F L 3 4 2 7 5 AP A C S O U T H E A S T , I N C . 46 3 6 S C A R B O R O U G H D R . LU T Z , F L 3 3 5 5 9 TH E L A N E C O N S T R U C T I O N CO R P . 39 9 5 H I G H W A Y 6 0 E A S T MU L B E R R Y , F L 3 3 8 6 0 BI D O P E N I N G : M O N D A Y , A U G U S T 1 0 , 2 0 0 9 A W A R D D A T E : T H U R S D A Y , S E P T E M B E R 3 , 2 0 0 9 Attachment number 2 Page 1 of 1 Resolution No. 09-24 RESOLUTION NO. 09-24 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CLEARWATER FOR THE CONSTRUCTION OF THE EAST AVENUE TRAIL IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the DEPARTMENT and the CITY have mutually agreed on a set of plans for the construction of the East Avenue Trail Improvements and WHEREAS, funding is being provided by the American Recovery and Reinvestment Act of 2009 in the amount of $1,392,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the LAP Agreement between the Florida Department of Transportation and the City of Clearwater and authorizes the execution of the same. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2009. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Cynthia E. Goudeau City Attorney City Clerk Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 4-inch fiber optic conduit in the CSX right-of-way as part of the Hercules Avenue Fiber Optic Project, approve Wireline Crossing Agreement CSX-634515 and adopt Resolution 09-35. SUMMARY: · As part of the Hercules Avenue Fiber Optic project, the City desires to construct one (1) 4-inch fiber optic conduit crossing CSX right-of-way. · The 4-inch fiber optic conduit crossing is located where the CSX Railroad intersects Hercules Avenue. · CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a wireline underneath their railway system. · The cost to the City will be $2,150 for a license and coordination fee and $750.00 for the Railroad Protective Liability Insurance fee (due to the City’s self-insured status the Railroad Protective Liability Insurance fee of $1,125 is reduced by $375) for a total cost of $2,900.00. · Sufficient budget is available in the Information Technology operating budget (0555-09864) to fund this agreement. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: See Summary Current Year Cost:$2,900 Annual Operating Cost: Not to Exceed:$2,900 Total Cost:$2,900 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 0555-09861-530100-519- 000-0000 $2,900See Summary Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo AVE GILBERT DR KE E N E KENNETH CAS L E R AIRPORT RIDGEWOOD Fe a t h tree Cir TR E E DR er MCKINLEY DR DR A BR A X T O N LA BR A G G PALMETTO ARD E N AV E AV E ST MU R RA Y CH A N DL E R AV E ST ST AV E RD ST AM B L E SA T U RN LA LA AV E ARI E S LA LEO S LEO LA E BENTLEY PRINCE PHILIP LINWOOD CARLISLE GR E E NHIL L MU R R A Y CIR DR ST KE E N E ST ST DR KE N E S A W RD ST ST MCKINLEY HARDING ST C I N C I N N A T I BR A N D O N ST MARILYN AV E DR P DR MA RD ST BLVD KA P P ST DR SU N S H I N E DR RANGE PARK HE R C U L E S GRAND WEAVERAVE CEPHA S ARCT U R U S CARROLL SHERWOOD GENTRY ST ST AVE CALUMET SUNNYDALE CALUMET CR - 4 25 ST PALMETTO DR RD LOGAN CR - 1 Carriage Ln Lantern Way LOCATION MAP ²Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com PROJECT SITE ^ SFTR 1"=800'271B 12-29s-15e4/29/09Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: HERCULES AVENUE FIBER OPTIC PROJECT Attachment number 1 Page 1 of 1 Resolution No. 09-35 RESOLUTION NO. 09-35 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF A 4” FIBER OPTIC CONDUIT IN THE CSX RIGHT-OF-WAY AS PART OF THE HERCULES AVENUE FIBER OPTIC PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater will be installing a fiber optic conduit across the CSX right-of-way at Hercules Avenue as part of the Hercules Avenue Fiber Optic Project; and WHEREAS, appropriate agreements have been prepared; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreements between the City and CSX Transportation, Inc., identified as Wireline Crossing Agreement No. CSX-634515. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Agreements described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _3rd___ day of _September___, 2009. ____________________________ Frank V. Hibbard Mayor-Council Member Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 6 Attachment number 3 Page 2 of 6 Attachment number 3 Page 3 of 6 Attachment number 3 Page 4 of 6 Attachment number 3 Page 5 of 6 Attachment number 3 Page 6 of 6 Attachment number 4 Page 1 of 2 Attachment number 4 Page 2 of 2 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 1 of 15 ø FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, Made and effective as of August 5, 2009, by and between CSX TRANSPORTATION INC, a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 South Myrtle Avenue, Clearwater, Florida 33756, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), including three (3) new empty conduit(s), hereinafter, collectively, called "Facilities," over, under or across property owned or controlled by Licensor at the below described location(s): 1. One (1) twenty-four count (24) sub-grade fiber optic crossing, solely for the transmission of voice communication or other data only, via an optical waveguide, through a solid core of glass or plastic fiber material, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division, Clearwater Subdivision, Milepost SY-871.26, hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "B," attached hereto and made a part hereof; other details and data pertaining to said Facilities being as indicated on Exhibit "A," also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. Attachment number 5 Page 1 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 2 of 15 ø 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached Facility Application Form and plan(s). 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of TWO THOUSAND Dollars AND 00/100 U.S. DOLLARS ($2,000.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. Attachment number 5 Page 2 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 3 of 15 ø 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and State "One Call" - "Call Before You Dig" requirements. Attachment number 5 Page 3 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 4 of 15 ø 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Attachment number 5 Page 4 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 5 of 15 ø Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by State law, during any period of actual Attachment number 5 Page 5 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 6 of 15 ø construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. 10. INSURANCE: Attachment number 5 Page 6 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 7 of 15 ø 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance (CGL), naming Licensor, and/or its designee, as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code C907 at the address listed above. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual Attachment number 5 Page 7 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 8 of 15 ø construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT, BREACH, WAIVER: Attachment number 5 Page 8 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 9 of 15 ø 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form, as well as additional instructions and Attachment number 5 Page 9 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 10 of 15 ø information, can be obtained from Licensor's web site, via web link: http://www.csx.com/?fuseaction=general.csxp_flag. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 727-462-6633. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 17. TITLE: Attachment number 5 Page 10 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 11 of 15 ø 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. Attachment number 5 Page 11 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 12 of 15 ø 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. Attachment number 5 Page 12 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 13 of 15 ø 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). 18.10 Licensor or its contractor must submit bore plans to the CSX assigned GEC for review and approval a minimum of two (2) weeks prior the commencement of the project. 19. RESERVED: 20. RESERVED: 21. RIDERS: 21.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line Attachment number 5 Page 13 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 14 of 15 ø IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION INC _______________________________ By:_________________________________________ Print/Type Name:_____________________________ Print/Type Title:______________________________ Witness for Licensee: CITY OF CLEARWATER _______________________________ By:_________________________________________ Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name:_____________________________ Print/Type Title:______________________________ Tax ID No.:__________________________________ Authority under Ordinance or Resolution No._______________________________, Dated ______________________________________. Attachment number 5 Page 14 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX634515 Page 15 of 15 ø COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER This Rider is and shall be a part of Agreement No. CSX634515, and is incorporated therein. 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") ATTN: Investigations Mr. Dean Boyers Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson, TX 75082-4354 Phone No. (800) 624-9675 or (972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). Attachment number 5 Page 15 of 15 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Approve a lease renewal between the City of Clearwater and C.L.E.M. Hospitality, LLC for the temporary parking lot located at 400 East Shore Drive and authorize appropriate officials to execute same. (consent) SUMMARY: The original lease agreement for 35 temporary parking spaces commenced June 21, 2007 and will expire September 30, 2009. All of the current lease conditions are included in the lease renewal with the exception of the term which will be on a month-to- month basis. Annual rent is $44,100 and annual operating costs are budgeted for $5,000. Projected annual revenue is $52,000. FY 10 Budget includes all proposed operating costs and associated revenues. Type:Other Current Year Budget?:No Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:N/A Annual Operating Cost:$49,100 Not to Exceed:Total Cost:$49,100 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 435-01333-544300-545-000 44,100 435-01333-550400-545-000 5,000 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Sole Source Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Attachment number 1 Page 1 of 6 Attachment number 1 Page 2 of 6 Attachment number 1 Page 3 of 6 Attachment number 1 Page 4 of 6 Attachment number 1 Page 5 of 6 Attachment number 1 Page 6 of 6 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Ratify and confirm change order 1 to Ajax Paving Industries of Florida, LLC of Nokomis, Florida for the 2008 Street Resurfacing Contract (08-0015-EN), increasing the contract amount by $42,416.00, for a new total of $1,011,873.50. (consent) SUMMARY: The Council previously awarded a contract to Ajax Paving Industries of Florida, LLC on May 21, 2009 in the amount of $969,457.50 This change order is needed to provide payment to the Contractor for miscellaneous patching and preparation, additional 1/2" asphalt, new paving at customer service building. All work is related to the Clearwater Gas Parking Lot. A third quarter budget amendment will transfer $42,416 of Gas Fund (388423) revenue from Capital Improvement Program(CIP) project 0315-96358, Environmental Remediation to CIP 0315-92273, Streets & Sidewalks to fund the change order. Type:Capital expenditure Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: See summary. Current Year Cost:$42,416 Annual Operating Cost:0 Not to Exceed:$42,416 Total Cost:$42,416 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-92273-563700-541- 000-0000 $42,416. Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Other Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $969,457.50 $42,416.00 $1,011,873.50 ATTEST: __________________________________________ Date: _____________________________________ CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Michael D. Quillen, P.E. __________________________________________ William B. Horne, II City Manager _______________________________________ City Engineer Camilo Soto, Assistant City Attorney __________________________________________ Gary A. Johnson, CGC _______________________________________ Public Services Director Ajax Paving Industries of Florida, LLC _________________________________________ NEW CONTRACT AMOUNT _______________________________________ Cynthia E. Goudeau, City Clerk _______________________________________ By: ___________________________(SEAL) Recommended By: City of Clearwater CONTRACTOR: Ajax Paving Industries of Florida, LLC CO # 1 - Council 9/03/09 0315-92273-563800-541-000-0000 B Date: _______________________________________Frank Hibbard, Mayor Roger Owens, Project Manager This Change Order adds new items. ACCEPTED BY: CHANGE ORDER # 1 Date: August 13, 2009 510 Gene Green Rd. PROJECT NUMBER: 08-0015-EN Witnesses: Nokomis, Florida 34275 PO REFERENCE NO.: ST 105473 CODE: 0315-92273-563700-541-000-0000 A DATE OF CONTRACT: May 21, 2009 PROJECT: 2008 Street Resurfacing Contract Attachment number 1 Page 1 of 2 Page 2 of 2 Change Order # 1 ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 31Miscellaneous Patching and Prep.1LS$1,700.00$1,700.00 32Asphalt Resurfacing @ 1 1/2"1LS$37,944.00$37,944.00 33Asphalt Resurfacing @ 1 1/2" at Customer Service Building 33TONS$84.00$2,772.00 $42,416.00 Total Additions to the Contract Additional Items CODE: 0315-92273-530800-532-000-0000 "B" Re: 2008 Street Resurfacing Contract (08-0015-EN) Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) SUMMARY: Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Reappoint Robet Aude and appoint Jan Ellen Moss as the public housing resident to Clearwater Housing Authority with terms to expire September 30, 2013. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE 1. Robert Aude – 1719 Brentwood Dr., 33756 – Original Appointment 12/05/91 Interest in Reappointment: Yes (Term expires 09/30/09) 2. Luchenda N. Flemming – 1211 Sunset Point Road, 33755 – Original Appointment 12/01/05 Interest in Reappointment: (No Longer Qualifies for CHA Programs) (Term expires 09/30/09) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Jan Ellen Moss – 2924 Drew St., No. 631, 33759 – Student Tutor Zip codes current members on board: 1 at 33755 1 at 33756 2 at 33761 1 at 33767 Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 3 Attachment number 2 Page 2 of 3 Attachment number 2 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Appoint one member to the Environmental Advisory Board with the term to expire September 30, 2013. SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Anna M. Fusari MEETING DATES: Quarterly Meetings – 3rd Wed., 4 pm PLACE: MSB Conf. #221 APPTS. NEEDED: 2 STAFF LIAISON: Edward F. Chesney/Engineering THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE(D) AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE 1. Joseph A. Calio – 1290 Gulf Blvd. Number 1608, 33767 – Original Appointment 09/07/06 Resigned 02/12/09 – (was serving 1st term to expire 09/30/2009) 2. Ron Gregory – 732 Snug Island, 33767 – Original Appointment 09/07/06 Interested in Reappointment: No (Ending 1st term 09/30/09) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Jason Robert Happe – 2045 Anchorage Way, 33755 – Firefighter Application received 08/13/09 Zip codes of current members: 2 at 33755 1 at 33763 1 at 33767 Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Appoint a councilmember to the Pinellas County Metropolitan Planning Organization for a four-year term expiring on September 12, 2013. SUMMARY: Mayor Hibbard is the current appointee serving until September 12, 2009. Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Appoint a councilmember to the Pinellas Suncoast Transit Authority (PSTA) for a three year term starting October 1, 2009 and expiring on September 30, 2012. SUMMARY: Councilmember Gibson is the current appointee, serving until September 30, 2009. Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8043-09 on second reading, making amendments to the Community Development Code to provide for consistency between the Zoning Atlas, the City’s Future Land Use Plan and the provisions of the Countywide Future Land Use Map SUMMARY: Review Approval:1) Clerk Cover Memo - 1 - Ordinance No. 8043-09 ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, “GENERAL PROVISIONS”, BY ADDING A NEW SUBSECTION 1-109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, “CHART 2-100 PERMITTED USES”; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTIONS 2-101.1, 2-201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2- 801.1, 2-901.1, 2-1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, “MAXIMUM DEVELOPMENT POTENTIAL”, TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-802, “TABLE 2-802”, AND SECTION 2- 803, “TABLE 2-803” TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.I, “OVERNIGHT ACCOMMODATIONS”, TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-1203, “TABLE 2- 1203”, TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., “OUTDOOR RECREATION/ ENTERTAINMENT” IN ITS ENTIRETY; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTIONS 2-1302, “TABLE 2-1302”, AND 2-1303, “TABLE 2-1303”, TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-1403, “FLEXIBLE STANDARD DEVELOPMENT”, “TABLE 2-1403”, TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.B, “OUTDOOR RECREATION/ ENTERTAINMENT”, TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-1502, “FLEXIBLE STANDARD DEVELOPMENT”, “TABLE 2-1502”, TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-601, “DOCKS”, TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-902, “COMPREHENSIVE PLAN DENSITIES/INTENSITIES”, TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-904, “SIGHT VISIBILITY TRIANGLE”, TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-907, “VEGETATIVE BUFFER ADJACENT Attachment number 1 Page 1 of 38 - 2 - Ordinance No. 8043-09 TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS”, TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-1302, “SITE LIGHTING”, TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, “SEA TURTLE NESTING AREAS” IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, “SEA TURTLE NESTING AREAS” SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SUBSECTION 3-1402.I, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SUBSECTION 3-1406.B, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, “DEVELOPMENT REVIEW AND OTHER PROCEDURES”, SECTION 4-505, “HEARING OFFICER APPEALS”, TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, “DEVELOPMENT REVIEW AND OTHER PROCEDURES”, SECTION 4-1402, “ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE”, TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, “DEVELOPMENT REVIEW AND OTHER PROCEDURES”, SECTION 4- 1403, “USE OF TRANSFERRED DEVELOPMENT RIGHTS”, TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, “DEFINITIONS”, BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Attachment number 1 Page 2 of 38 - 3 - Ordinance No. 8043-09 Section 1. That Article 1, “General Provisions”, Section 1-109, “Zoning atlas”, of the Community Development Code, be, and the same is hereby amended to add a new subsection D, “Consistency”, as follows: Section 1-109. Zoning atlas. *********** D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, “CHART 2-100 Permitted Uses”, of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal grooming and or boarding X X X Assisted living facilities X X X X Automobile service stations X X Cemeteries X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Attachment number 1 Page 3 of 38 - 4 - Ordinance No. 8043-09 Marinas and marina facilities X X X X Medical clinic X X X X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or storage X X Overnight accommodations X X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X X Research and technology use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X Self-storage warehouse X X Sidewalk vendors X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Attachment number 1 Page 4 of 38 - 5 - Ordinance No. 8043-09 Section 3. That Article 2, “Zoning Districts”, Division 1, “Low Density Residential District (“LDR”)”, Section 2-101.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Estate 1 dwelling unit per acre FAR .30/ISR .60 Residential Suburban 2.5 dwelling units per acre FAR .30/ISR .60 Residential Low 5 dwelling units per acre FAR .40/ISR .65 Section 4. That Article 2, “Zoning Districts”, Division 2, “Low Medium Density Residential District (“LMDR”)”, Section 2-201.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per acre FAR .40/ISR .65 Attachment number 1 Page 5 of 38 - 6 - Ordinance No. 8043-09 Residential Urban 7.5 dwelling units per acre FAR .40/ISR .65 Section 5. That Article 2, “Zoning Districts”, Division 3, “Medium Density Residential District (“MDR”)”, Section 2-301.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Urban 7.5 dwelling units per acre FAR .40/ISR .65 Residential Low Medium 10 dwelling units per acre FAR .50/ISR .75 Residential Medium 15 dwelling units per acre FAR .50/ISR .75 Residential/Office General 15 dwelling units per acre FAR .50/ISR .75 Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 Section 6. That Article 2, “Zoning Districts”, Division 4, “Medium High Density Residential District (“MHDR”)”, Section 2-401.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Attachment number 1 Page 6 of 38 - 7 - Ordinance No. 8043-09 Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Medium 15 dwelling units per acre FAR .50/ISR .75 Residential High 30 dwelling units per acre FAR .60/ISR .85 Section 7. That Article 2, “Zoning Districts”, Division 5, “High Density Residential District (“HDR”)”, Section 2-501.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential High 30 dwelling units per acre FAR .60/ISR .85 Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 Section 8. That Article 2, “Zoning Districts”, Division 6, “Mobile Home Park District (“MHP”)”, Section 2-601.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Attachment number 1 Page 7 of 38 - 8 - Ordinance No. 8043-09 Residential Low Medium 10 dwelling units per acre FAR .50/ISR .75 Section 9. That Article 2, “Zoning Districts”, Division 7, “Commercial District (“C”)”, Section 2-701.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/ Impervious Surface Ratio Overnight Accommodations Units per Acre Commercial Neighborhood 10 dwelling units per acre FAR .40/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR .45/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR .55/ISR .90 40 units per acre Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 50 units per acre Section 10. That Article 2, “Zoning Districts”, Division 8, “Tourist District (“T”)”, Section 2-801.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City Council and the countywide planning authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: Attachment number 1 Page 8 of 38 - 9 - Ordinance No. 8043-09 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre * Overnight Accommodations (Base) Overnight Accommodations (Alternative) Non- Residential Uses Base Alternative Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 3.0/ISR .95 FAR 4.0/ISR .95 FAR 1.0/ISR .95 50 Less than one acre: 70 Between one acre and three acres: 90 Greater than three acres: 110 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 11. That Article 2, “Zoning Districts”, Division 8, “Tourist District (“T”)”, Section 2-802, “Table 2-802”, of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Use (1) Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (1) (ft.) Min. Setbacks (ft.) (1) Density Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units/acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10-- 15 10 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 35--50 10-- 15 10 10-- 20 30 units/acre 2 per unit Governmental Uses (2) 10,000 100 35--50 10-- 15 0-- 10 10-- 20 n/a 3--4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35-- 100 0--15 0-- 10 20 n/a 10 per 1,000 GFA Medical Clinic 10,000 100 30--50 10-- 15 10 20 20 2--3/1,000 GFA Mixed Use 10,000 50-- 100 35--50 0--15 0-- 10 10-- 20 30 units/acre Based upon use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street Parking n/a n/a n/a 25 5 10 n/a n/a Offices 10,000 100 35--50 10-- 15 0-- 10 10-- 20 n/a 3--4 spaces per 1,000 GFA Attachment number 1 Page 9 of 38 - 10 - Ordinance No. 8043-09 Outdoor Recreation/Entertainment 5,000 50 35 10-- 15 10 20 n/a 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100- -150 35--50 10-- 15 0-- 10 10-- 20 40 rooms/acre 1.2 1 per unit Parking Garages and Lots 20,000 100 50 15-- 25 10 10-- 20 n/a n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 n/a 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities (3) n/a n/a 10 n/a n/a n/a n/a n/a Restaurants 5,000-- 10,000 50-- 100 25--35 10-- 15 0-- 10 10-- 20 n/a 7-15 spaces per 1,000 GFA Retail Sales and Services 5,000-- 10,000 50-- 100 35--50 10-- 15 0-- 10 10-- 20 n/a 4--5 spaces per 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community Center 5,000-- 10,000 50-- 100 35--50 10-- 15 0-- 10 10-- 20 n/a 4--5 spaces per 1,000 GFA Utility/Infrastructure Facilities (4) n/a n/a n/a 25 10 10 n/a n/a (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** Section 12. That Article 2, “Zoning Districts”, Division 8, “Tourist District (“T”)”, Section 2-803, “Flexible development”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Use (1) Min. Lot Min. Max. Min. Min. Min. Density Min. Off-Street Attachment number 1 Page 10 of 38 - 11 - Ordinance No. 8043-09 Area (sq. ft.) Lot Width (ft.) Height (ft.) (1) Front (ft.)(1) Side (ft.) (1) Rear (ft.) (1) Parking Alcoholic Beverage Sales 5,000 50 35-- 100 0--15 0--10 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 10--20 30 units/acre 2 per unit Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a 30 units/acre; 40 rooms/acre 2 spaces per attached dwelling unit and as determined by the community development coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and Display 5,000 50 35-- 100 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 GFA Marinas and Marina Facilities 5,000 50 25 10-- 15 0--10 10--20 n/a 1 space per 2 slips Mixed Use 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 0--20 30 units/acre Based upon use requirements Nightclubs 5,000 50 35-- 100 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35-- 100 0--15 0--10 10--20 n/a 3--4 spaces per 1,000 GFA Outdoor Recreation/Entertainment 5,000 50 35 5--15 0--10 10--20 n/a 2.5 spaces per 1,000 SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight Accommodations 10,000-- 20,000 100-- 150 35-- 100 0--15 0--10 0--20 40 rooms/acre 1-1.2 per unit Restaurants 5,000-- 10,000 50-- 100 25-- 100 0--15 0--10 10--20 n/a 7--15 spaces per 1,000 GFA Retail sales and services 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. *********** I. Overnight accommodations. *********** 6. Off-street parking: a. The proposed development contains no more than 130 rooms; and Attachment number 1 Page 11 of 38 - 12 - Ordinance No. 8043-09 b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; 98. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 109. A development agreement must be approved by the City Council pursuant to F.S. §§ 163.3221--163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The development agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. *********** Section 13. That Article 2, “Zoning Districts”, Division 9, “Downtown District (“D”)”, Section 2-901.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Attachment number 1 Page 12 of 38 - 13 - Ordinance No. 8043-09 Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, “Zoning Districts”, Division 10, “Office District (“O”)”, Section 2-1001.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("O") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Overnight Accommodations Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR .40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR .50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Section 15. That Article 2, “Zoning Districts”, Division 12, “Institutional District (“I”)”, Section 2-1201.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Attachment number 1 Page 13 of 38 - 14 - Ordinance No. 8043-09 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR .65/ISR .85 Transportation/Utility n/a FAR .70/ISR .90 *********** Section 16. That Article 2, “Zoning Districts”, Division 12, “Institutional District (“I”)”, Section 2-1203, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to delete subsection G, “Outdoor Recreation/Entertainment”, and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "I" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 15-- 25 10 15-- 20 50 .5--1 per 2 students Halfway Houses 10,000 100 15-- 25 10 15-- 20 30 1 per 2 residents Hospitals 1--5 acres 100-- 250 15-- 25 10-- 25 15-- 25 50 1--2/bed Medical Clinic 20,000 100 15-- 25 10 20 30 5/1000 SF Outdoor Recreation/Entertainment 40,000 200 15-- 25 10 15-- 20 50 1--10/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 15-- 25 10 15-- 20 50 n/a Places of Worship 20,000 100 15-- 25 10 15-- 20 50 .5--1 per 2 seats Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Residential Shelters 10,000 100 15-- 25 10 15-- 20 30 1 per 2 residents Retail Sales and Service 10,000 100 15-- 25 10 15-- 20 50 5 per 1,000 SF GFA Attachment number 1 Page 14 of 38 - 15 - Ordinance No. 8043-09 Utility/Infrastructure Facilities(1) n/a n/a 15-- 25 10 15-- 20 n/a n/a Assisted Living Facilities 15,000-- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 100-- 150 25 5 15 50 1 per 2 residents Social and Community Center 20,000 100 15-- 25 10 15-- 20 30--40 4--5 per 1,000 GFA Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** G. Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 5. Off-street parking: The operational character of the outdoor recreation/entertainment use and the location of the parcel proposed for development is such that the likely use of the property will require fewer parking spaces per land area than otherwise required or that significant portions of the land will be used for passive or other non-parking demand-generating purposes. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. *********** Section 17. That Article 2, “Zoning Districts”, Division 13, “Industrial, Research and Technology District (“IRT”), Section 2-1301.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, Attachment number 1 Page 15 of 38 - 16 - Ordinance No. 8043-09 including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Overnight Accommodations (Base) Overnight Accommodations (Alternative) Non- Residential Uses Base Alternative Industrial Limited N/A FAR .65/ISR .85 FAR 1.5/ISR .85 FAR .65/ISR .85 50 [subject to master development plan requirements in Section 2.3.3.6.1 of the Countywide Plan Rules] 75 [subject to master development plan requirements in Section 2.3.3.6.1 of the Countywide Plan Rules] Industrial General N/A N/A N/A FAR .75/ISR .95 N/A N/A Section 18. That Article 2, “Zoning Districts”, Division 13, “Industrial, Research and Technology District (“IRT”), Section 2-1302, “Minimum standard development”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(24) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or 1/machine Manufacturing (3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices (4) 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a Attachment number 1 Page 16 of 38 - 17 - Ordinance No. 8043-09 use)(52) Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(63) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ Warehouse Facility 20,000 200 20 15 50 1.5/1,000 SF GFA (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3)In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five two and one-half acres. Any such use, alone or when added to contiguous like uses which exceed five two and one-half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. Attachment number 1 Page 17 of 38 - 18 - Ordinance No. 8043-09 Section 19. That Article 2, “Zoning Districts”, Division 13, “Industrial, Research and Technology District (“IRT”), Section 2-1303, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing (1) 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Recreation/Entertainment 40,000 200 20 15 30 1--10/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(21) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 20,000 100-- 200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(32) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(45) 5,000-- 10,000 50 - 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major Vehicle Sales/Displays(64) 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Area Vehicle Service (6) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal Grooming 10,000 100 20 15 30 5/1,000 SF GFA Attachment number 1 Page 18 of 38 - 19 - Ordinance No. 8043-09 Wholesale/Distribution/Warehouse Facility 10,000 100 20 15 50 1.5/1,000 SF GFA *The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (21) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (32) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed five ten acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. (5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed two and one-half acres. Any such use, alone or when added to contiguous like uses which exceed two and one-half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. *********** D. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. *********** Attachment number 1 Page 19 of 38 - 20 - Ordinance No. 8043-09 Section 20. That Article 2, “Zoning Districts”, Division 14, “Open Space/Recreation District (“OSR”)”, Section 2-1401.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR .25/ISR .60 Section 21. That Article 2, “Zoning Districts”, Division 14, “Open Space/Recreation District (“OSR”)”, Section 2-1403, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to amend subsection B, “Outdoor Recreation/Entertainment”, and delete subsection D, “Public transportation facilities”, and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Governmental Use n/a n/a n/a n/a n/a n/a n/a Outdoor Recreation/Entertainment 2.5 acres 200 25 20 25 30 2.5--5 per 10,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility/Infrastructure Facilities n/a n/a 25 10 20 n/a n/a Attachment number 1 Page 20 of 38 - 21 - Ordinance No. 8043-09 *********** B. Outdoor recreation/entertainment.: 1. The use is limited to golf courses and clubhouses. 21. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 32. All signage is a part of a comprehensive sign program; 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 65. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. *********** D. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; and 4. The public transportation facility shall be accessory to the principal use of the property. *********** Section 22. That Article 2, “Zoning Districts”, Division 15, “Preservation District (“P”)”, Section 2-1501.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area Attachment number 1 Page 21 of 38 - 22 - Ordinance No. 8043-09 restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR .10/ISR .20 Section 23. That Article 2, “Zoning Districts”, Division 15, “Preservation District (“P”)”, Section 2-1502, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to delete subsection B, “Outdoor Recreation/Entertainment”, to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. "P" District Flexible Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips Outdoor Recreation/Entertainment 10,000 100 25 10 15 30 5/10,000 sq. ft. Land *********** B. Outdoor recreation/entertainment: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than 10 miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. Section 24. That Article 3, “Development Standards”, Division 6, “Dock/Marina Standards”, Section 3-601, “Docks”, of the Community Development Code, be, and the same is hereby amended to read as follows: Attachment number 1 Page 22 of 38 - 23 - Ordinance No. 8043-09 Section 3-601. Docks. *********** C. New docks. 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. *********** b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less, up to a maximum of 250 feet. Tie poles may extend beyond the dock, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. *********** g. Deviations. i) The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: i) The proposed dock will result in no navigational conflicts and the length of the proposed dock will not exceed 25 percent of the width of the waterway; or (aii) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or (biii) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) No dock shall be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet, except as stipulated in Sec 3-601.C.1.g.iii and iv below. Attachment number 1 Page 23 of 38 - 24 - Ordinance No. 8043-09 iii) Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant’s property; and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant’s property; and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adjacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.3.h. (C)(3)(h). Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C.1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency; or any multi-use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Ccommunity Ddevelopment Bboard (CDB). Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. *********** b. Impacts on existing water recreation activities. The use of the proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude hinder or Attachment number 1 Page 24 of 38 - 25 - Ordinance No. 8043-09 discourage the existing uses of the adjacent waterway. Such by uses include including but are not limited to non-motorized boats and motorized boats. *********** h. Dimensional standards. *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or extend 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. *********** iv) Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. i.v) Deviations. Applications for dDeviations to the dimensional standards set forth in Section 3-601.C.3.h from the requirements of this section may be considered and approved by the Ccommunity Ddevelopment Bboard through a Level Two (flexible development) approval process based on the following: in order to comply with the review criteria established in sections 3-601 (C)(3)(a)--(g). i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and ii) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b – g; and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant’s property; and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant’s property; and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare; and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable Attachment number 1 Page 25 of 38 - 26 - Ordinance No. 8043-09 length or to project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adjacent to the mainland, which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. j. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. *********** Section 25. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-902, “Comprehensive plan densities/intensities”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. *********** G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-904, “Sight visibility triangle”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility distance triangle described in the following figure. Attachment number 1 Page 26 of 38 - 27 - Ordinance No. 8043-09 Remove existing graphic and replace with the following graphic. Sight Visibility Triangle B. To enhance views of the water from residential waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3 Division 8 in the 45 angle formed by ten feet back from the property line on the water and along the side property line. Remove existing graphic and replace with the following graphic. Enhanced Views Restrictions Attachment number 1 Page 27 of 38 - 28 - Ordinance No. 8043-09 Section 27. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-907, “Vegetative buffer adjacent to preservation district or jurisdictional wetlands”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscaping Vegetative buffer adjacent to preservation district or jurisdictional wetlands. A. Vegetative buffer adjacent to preservation district or jurisdictional wetlands 1.A. A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.B. The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.C. No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.D. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5.E. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. Attachment number 1 Page 28 of 38 - 29 - Ordinance No. 8043-09 Section 28. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-1302, “Site lighting”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(B), whichever is less. Attachment number 1 Page 29 of 38 - 30 - Ordinance No. 8043-09 cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. Non-cut-off Fixtures *********** D. Sea turtle nesting areas. To the extent possible, no light within 300 feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May 1 to October 31. Those areas were security and public safety require lighting, alternative light management approaches shall be applied. The Florida Marine Research Report Institute Technical Report - "Understanding, Assessing, and Resolving Light- Pollution Problems on Sea Turtle Nesting Beaches" shall be used as a guide to provide the most thorough solution practical. Attachment number 1 Page 30 of 38 - 31 - Ordinance No. 8043-09 In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach, the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Light fixtures shall be designed and/or positioned such that they do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). c. Wall-mount fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible f rom the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existing lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-1402, “Design standards for parking lots and parking garages”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: Attachment number 1 Page 31 of 38 - 32 - Ordinance No. 8043-09 *********** I. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7’ 0” and shall be 8’ 2” for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian – vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. Add the following graphic. 5. Where parking spaces abut a wall, a column not located consistent with subsection 4 above, or any other obstruction, one-foot of additional width shall be added to the parking space as shown in the following figure. Attachment number 1 Page 32 of 38 - 33 - Ordinance No. 8043-09 Add the following graphic. 6. Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 7. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. 8. Wheel stops shall not be used in parking garages. 9. Whenever access control equipment or barrier gates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. 10. Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 11. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 12. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. In certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 13. All electrical conduits, pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 14. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6’ 4” wide by 22’ long. b. Islands without cashier booth: 3’ 6” wide by 18’ 3” long. *********** Attachment number 1 Page 33 of 38 - 34 - Ordinance No. 8043-09 Section 30. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-1406, “Off-street loading and vehicle stacking spaces”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. *********** B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 1. The minimum distance between a state right-of-way and the first parking space or aisleway in a parking lot shall be as set forth in the Florida Department of Transportation (FDOT) Driveway Handbook. 2. The minimum distance between all other rights-of-way and the first parking space or aisleway in a parking lot shall be as outlined in the following table: Number of Spaces Minimum Stacking Distance 50 or fewer 20 feet 51 or more 40 feet 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 35. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive-Thru Lanes Total Number of Required Vehicle Stacking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Attachment number 1 Page 34 of 38 - 35 - Ordinance No. 8043-09 Section 31. That Article 4, “Development Review and Other Procedures”, Section 4-505, “Hearing officer appeals”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date and , hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the board reporter’s audiotape recording of the hearing before the community development board streaming video of the hearing posted on the city’s website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 10 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, “Development Review and Other Procedures”, Division 14, “Transfer of Development Rights”, Section 4-1402, “Allocated development rights are freely transferable”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. *********** 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property’s Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. *********** 5. For parcels located within an area designated Central Business District (CDB) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. Attachment number 1 Page 35 of 38 - 36 - Ordinance No. 8043-09 a. Transfer of development rights may be sent from vacant and/or existing developed parcels. ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. dc. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where density/intensity cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City’s Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, “Development Review and Other Procedures”, Division 14, “Transfer of Development Rights”, Section 3-1403, “Use of transferred development rights”, of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights *********** E. The use of transferable development rights shall be consistent with the following: *********** 4. There shall be no transfers of density/intensity from outside the coastal storm area into the coastal storm area. *********** Section 34. That Article 8, “Definitions and Rules of Construction”, Section 8-102, “Definitions”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 8-102. Definitions. *********** Attachment number 1 Page 36 of 38 - 37 - Ordinance No. 8043-09 Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. *********** Clearwater Beach means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. *********** Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. *********** Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land floor area. *********** Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. *********** Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel; bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. *********** Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bicycles, mopeds, and/or motorcycles and excluding service of such vehicles. *********** Attachment number 1 Page 37 of 38 - 38 - Ordinance No. 8043-09 Section 33. Amendments to the Community 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 34. 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. Section 35. 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 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ AS AMENDED PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 38 of 38 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8081-09 on second reading, annexing certain real property whose post office address is 2141 Alemanda Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8081-09 ORDINANCE NO. 8081-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ALEMANDA DRIVE, APPROXIMATELY 670 FEET WEST OF SOUTH BELCHER ROAD, CONSISTING OF LOT 93, SUNSET GARDENS, WHOSE POST OFFICE ADDRESS IS 2141 ALEMANDA DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL 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 93, Sunset Gardens, according to the map or plat thereof, as recorded in Plat Book 41, Page 6, Public Records of Pinellas County, Florida (ANX2009-06009) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council 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 ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8082-09 on second reading, amending the Future Land Use Plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8082-09 ORDINANCE NO. 8082-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ALEMANDA DRIVE, APPROXIMATELY 670 FEET WEST OF SOUTH BELCHER ROAD, CONSISTING OF LOT 93, SUNSET GARDENS, WHOSE POST OFFICE ADDRESS IS 2141 ALEMANDA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU) 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 COUNCIL 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 Land Use Category Lot 93, Sunset Gardens, according to the map or Residential Urban (RU) plat thereof, as recorded in Plat Book 41, Page 6 Public Records of Pinellas County, Florida (ANX2009-06009) Section 2. The City Council 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. 8081-09. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No 8083-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8083-09 ORDINANCE NO. 8083-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ALEMANDA DRIVE, APPROXIMATELY 670 FEET WEST OF SOUTH BELCHER ROAD, CONSISTING OF LOT 93, SUNSET GARDENS, WHOSE POST OFFICE ADDRESS IS 2141 ALEMANDA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 93, Sunset Gardens, according to the map Low Medium Density or plat thereof, as recorded in Plat Book 41, Page Residential 6, Public Records of Pinellas County, Florida (LMDR) (ANX2009-06009) 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. 8081-09. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8085-09 on second reading, vacating the west five feet of the ten-foot Drainage Easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8085-09 ORDINANCE NO. 8085-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST FIVE FEET OF THE TEN-FOOT DRAINAGE EASEMENT LYING EAST OF AND ADJACENT TO THE WEST PROPERTY LINE OF LOT 5, BLOCK V, HIBISCUS GARDENS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman L. Kirkland, Jr., Trustee, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Five feet of the 10-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens, as recorded in Plat Book 14, Pages 55-58, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8086-09 on second reading, amending Chapter 32, Code of Ordinances, relating to reclaimed water availability fee exemption in specifically defined areas; amending Section 32.380, Code of Ordinances to add Phase I and removing former exemption language; adding new Section 32.380.1 as Phase II; renumbering Section 32.380.1 as 32.380.2 and amending to clarify applicable phases; renumbering Section 32.380.2 as 32.380.3. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8086-09 ORDINANCE NO. 8086-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO RECLAIMED WATER AVAILABILITY FEE EXEMPTION IN SPECIFICALLY DEFINED AREAS BY CURRENT COOPERATIVE FUNDING AGREEMENTS WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND REBATES AND INCENTIVES TO ABANDON WELL, LAKE OR POND IRRIGATION; AMENDING SECTION 32.380, CODE OF ORDINANCES ADDING PHASE I AND REMOVING FORMER EXEMPTION LANGUAGE; ADDING NEW SECTION 32.380.1 AS PHASE II; RENUMBERING SECTION 32.380.1 AS 32.380.2 AND AMENDING TO CLARIFY APPLICABLE PHASES; RENUMBERING SECTION 32.380.2 AS 32.380.3; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA. Section 1. Chapter 32, Article IX, Code of Ordinances, is changed to read as follows: Sec. 32.380. Availability charge – Phase I The utility account of any improved property adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital outlay of extending accessibility to the reclaimed water system. See appendix A for availability rates. Properties with existing well, lake or pond irrigation system within the project areas defined in cooperative funding agreements with the Southwest Florida Water Management District as North Beach, South Beach, Island Estates, Harbor Oaks, Seville/Sunset, Drew Union, North Greenwood, Del Oro, and Morningside shall not be charged for availability as long as the well, lake or pond irrigation system remains active. Availability fee exemptions will not be granted after the completion of these projects. Such availability fee exemptions, where granted, shall expire upon conveyance of the property. The burden of proof is on the property owner to verify that a well, lake or pond irrigation system is active and the director shall have final approval. Section 2. Chapter 32, Article IX, Code of Ordinances, is added to read as follows: Sec 32.380.1 Availability charge – Phase II The utility account of any improved property adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital outlay of extending accessibility to the reclaimed water system. See appendix A for availability rates. Properties with existing well, lake or pond irrigation system within the project areas defined in the cooperative Attachment number 1 Page 1 of 3 2 ORDINANCE NO. 8086-09 | funding agreements with the Southwest Florida Water Management District as Chautauqua/Coachman, Skycrest, Glen Oaks/Palmetto, and Clearwater Harbor shall have the following exemption available, only for those properties that have a working well, lake or pond irrigation system at the time of construction of the reclaimed water system in the project area: (1) Should a customer choose not to connect to the Reclaimed Water system when the system becomes activated at the time of construction, that property owner shall have an exemption from the availability charge for one (1) year from the date of activation. After one year, the availability charge shall apply. Should the customer wish to connect to the reclaimed water system after the one-year period, all applicable connection charges and availability fees shall apply. (2) Should a customer choose to connect to the Reclaimed Water system when the system becomes activated at the time of construction, that property owner shall have an exemption from the availability charge for two (2) years from the date of activation. Availability fee exemptions will not be granted after the completion of these projects. Such availability fee exemptions, where granted, shall expire upon conveyance of the property. The burden of proof is on the property owner to verify that a well, lake or pond irrigation system is active and the director shall have final approval. Section 3. Chapter 32, Article IX, Code of Ordinances, is renumbered and changed to read as follows: Sec. 32.380.1. Sec. 32.380.2. Incentives. Because the overall objective is to maximize usage of reclaimed water and to lessen the impact of effluent discharge into Tampa Bay, all customers in either Phase I or Phase II-designated reclaimed water project areas willing to abandon a private well, lake or pond irrigation system and connect to the reclaimed water system at any time: (1) Shall be offered a rebate of up to $600.00 as reimbursement for a licensed well driller or professional to properly plug or abandon the well, lake or pond irrigation system; and (2) Shall receive an incentive credit of $240.00 on the utility account. Those customers willing to abandon a private well, lake or pond irrigation system and connect to the reclaimed water system during project construction shall, in addition, not be charged a tap fee. Section 4. Chapter 32, Article IX, Code of Ordinances, is renumbered to read as follows: Sec. 32.380.2. 32.380.3. Exclusions. Single-family residences with wells, lakes or ponds may choose the availability fee exemption or connection to reclaimed water, but not both. Commercial or multifamily (more than four units) may keep an existing private well following connection to the reclaimed water system for "emergency Attachment number 1 Page 2 of 3 3 ORDINANCE NO. 8086-09 | purposes limited to times when the reclaimed water system may not be operational" with proper precautionary devices to assure no interconnection between the reclaimed water system and the private well system will be created. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8097-09 on second reading, relating to Parks, Beaches and Recreation, amending Section 22.49, Code of Ordinances, to permit certain informal activities including casual ball throwing, unless such activity creates a threat of physical injury to any person. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8097-09 ORDINANCE NO. 8097-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.49, ORGANIZED ACTIVITIES OR POTENTIALLY DANGEROUS GAMES, AMENDING SUBSECTION (B) TO PERMIT CERTAIN INFORMAL ACTIVITIES INCLUDING CASUAL BALL THROWING, UNLESS SUCH ACTIVITY CREATES A THREAT OF PHYSICAL INJURY TO ANY PERSON; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently provides that no person or persons shall engage in rough or potentially dangerous informal activities and games such as football, baseball, softball, tennis, volleyball and badminton, except in designated areas; and, WHEREAS, the City Council now finds it necessary and proper to amend the Code of Ordinances to allow for the use of beaches and parks for certain informal activities where such activities do not create a bona fide safety concern; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 22, Section 22.49 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation * * * Article II. Use Regulations * * * Sec. 22.49. Organized activities or potentially dangerous games. (a) No person or persons shall engage in a rough or potentially dangerous Organized Aactivity such as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other organized activity involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates on any public bathing beach or park property except in areas set aside for that purpose. Attachment number 1 Page 1 of 2 2 Ordinance No. 8097-09 (b) No person or persons shall engage in rough or potentially dangerous informal activity, games or practice for such games such as, , , horseshoes, , ,; or any other games, practices or exercise involving thrown or otherwise propelled objects such as, stones, arrows, javelins, , , model aircraft; or propel a person by a wheeled device like a skateboard, roller skates, and in-line skates except in the areas set aside for that purpose. Informal activities involving the casual throwing of balls, including but not limited to footballs, baseballs, tennis balls, volleyballs, and shuttlecocks or Frisbees shall be permitted unless such activity creates a threat of physical injury to any person. * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Laura Lipowski Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Continue to October 1, 2009 the second reading of Ordinance 8044-09, amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/31/2009 SUBJECT / RECOMMENDATION: Suicide Prevention Week Proclamation - Bonnie McClelland, Founder and Marlene Jehs, Chapter Director of Suncoast Yellow Ribbon Suicide Prevention program. SUMMARY: Review Approval:1) Clerk Cover Memo