03/15/2010
WORK SESSION AGENDA
Council Chambers - City Hall
3/15/2010 - 9:00 AM
1. Presentations
1.1Service Awards
Attachments
2. Office of Management and Budget
2.1Amend the City’s fiscal year 2009/10 Operating and Capital Improvement Budgets at First Quarter and
pass Ordinances 8166-10 and 8167-10 on first reading.
Attachments
3. Economic Development and Housing
3.1Authorize a 30-year, three percent, $545,000 loan, with a five-year deferment, to Pine Berry Senior
Limited Partnership, to acquire and develop real property located at 1225 Highland Avenue, Clearwater,
Florida, as affordable rental housing for seniors, enter into a mortgage and authorize the appropriate
officials to execute same. (consent)
Attachments
4. Financial Services
4.1Appoint an Audit Committee, consisting of a Councilmember, a citizen and three city staff, for five year
terms in compliance with Section 218.391, Florida Statutes.
Attachments
4.2Direct staff to proceed with steps neccessary to redeem in full City of Clearwater, Florida, Improvement
Revenue Refunding Bonds, Series 2001 on February 1, 2011 and to transfer $7,570,000 of unrestricted
reserves ($4,600,000 from the Special Development Fund and $2,970,000 from the Central Insurance
Fund) to the General Fund for transfer to the debt service fund to be used to redeem all outstanding
principal of these bonds on February 1, 2011. (consent)
Attachments
4.3Approve the purchase of property and equipment breakdown insurance from April 1, 2010 through April
1, 2011, at the level of insurance provided for in this agenda item, including a $60 million limit and $30
million Flood limit, at amount not to exceed $2,300,000 and authorize the appropriate officials to execute
same. (consent)
Attachments
4.4Approve payment in an amount not to exceed $35,000, for resolution of City claim 10000004, and
authorize the appropriate officials to execute same. (consent)
Attachments
5. Marine and Aviation
5.1Approve a monthly recreational license agreement between the City of Clearwater and recreational boat
owners at the Downtown Boat Slips, the Clearwater Municipal Marina, and Island Estates and adopt
Resolution 10-05.
Attachments
6. Solid Waste/General Support Services
6.1Award a contract(purchase order)to Wastequip Industrial for an amount not to exceed $ 250,000 for the
purchase of compactors, compactor parts, and roll-off containers, for the period March 19, 2010 through
December 31, 2011, being the lowest bid received in accordance with specifications and authorize the
appropriate officials to execute the same. (consent)
Attachments
6.2Approve the Local Mitigation Strategy developed for Pinellas County, recommend adoption by the
Pinellas County Board of County Commissioners and adopt Resolution 10-07.
Attachments
7. Public Services
7.1Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for
the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period April 1,
2010 through April 30, 2011 as provided in the City’s Code of Ordinances, Section 2.564 (1)(d), Services
provided by Other Governmental Entities, and authorize the appropriate officials to execute the same.
(consent)
Attachments
8. Engineering
8.1Accept a Water Main and Utilities Easement 10 feet in width over, under, across and through a portion of
the Southeast 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida, conveyed
by the School Board of Pinellas County, Florida, given in consideration of receipt of $1.00 and the
benefits to be derived therefrom. (consent)
Attachments
8.2Award a contract for the Morningside Neighborhood Traffic Calming project (07-0008-EN) to R.A.M.
Excavating, Inc., of Palm Harbor, Florida, in the amount of $1,399,790.70, which is the lowest
responsible bid received in accordance with plans and specifications, and authorize the appropriate
officials to execute same. (consent)
Attachments
8.3Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida
corporation, a distribution easement over, across and through the South 10 feet of Lot 4, SPENCER
HEIGHTS, in consideration of the mutual benefits, covenants and conditions contained therein, and
authorize appropriate officials to execute same. (consent)
Attachments
8.4Approve the Jones Edmunds and Associates, Inc. (Jones Edmunds) supplemental work order in the
amount of $25,550 for additional engineering design services for Pump Station Replacement at Marshall
Street Advanced Pollution Control Facility (APCF) (09-0028-UT)and authorize the appropriate officials
to execute same. (consent)
Attachments
8.5Approve a work order with PBS and J Inc. of Tampa, an Engineer of Record, for Stormwater and Solid
Waste permitting services for the Sherwood Yard Facility in the amount of $111,595.06 and authorize tha
appropriate officials to execute same. (consent)
Attachments
8.6Dedicate as public right-of-way, a City-owned parcel of land lying and being situate in a portion of
LLOYD-WHITE-SKINNER SUBDIVISION, containing 12,600 square feet, more or less, to be known as
Second Street,adopt Resolution 10-08 and authorize appropriate officials to execute same.
Attachments
9. Planning
9.1Approve Clearwater Comprehensive Plan Text Amendments to the five adopted maps in the Public
School Facilities Element in response to changes in public school facilities enacted by the Pinellas County
School District, and Pass Ordinance 8134-10 on first reading.(CPA2009-12001)
Attachments
9.2Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Density Residential (LDR) District for 1836 Beverly Circle North (Lot 11,
Block C, Meadow Creek in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8154-
10, 8155-10 and 8156-10 on first reading. (ANX2009-12016)
Attachments
9.3Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) (City and County) to
Institutional (I), and Zoning Atlas Amendment from R-2 and R-3 (County) and from Low Medium
Density Residential (LMDR) (City) to Institutional (I) for 28 parcels of land located generally southwest
of Drew Street and McMullen Booth Road; and pass Ordinances 8148-10, 8151-10, and 8152-10 on first
reading.(ANX2009-12017 and LUZ2009-12004)
Attachments
9.4Approve a Future Land Use Plan Amendment from the Residential Low Medium (RLM) Classification to
the Residential/Office/Retail ((R/O/R) and Residential Medium (RM) Classifications and a Zoning Atlas
Amendment from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density
Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard (consisting of metes and
bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast ¼ of the southeast ¼ of Section 13,
Township 29 South, Range 15 East); and Pass Ordinances 8143-10 and 8144-10 on first reading.
(LUZ2009-12003)
Attachments
9.5Approve a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises,
L.L.C. (the property owners) and the City of Clearwater for property located at 2165 Gulf to Bay
Boulevard (consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast ¼
of the southeast ¼ of Section 13, Township 29 South, Range 15 East) as per Community Development
Code Section 4-606 and adopt Resolution 10-03.
Attachments
10. Legal
10.1 Approve a Traffic Enforcement Agreement between Spring Lake of Clearwater Homeowner's Association
and the City of Clearwater and authorize the appropriate officials to execute same. (consent)
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
14.1National Nutrition Month Proclamation
Attachments
14.2Parkinsons Disease Awareness Month Proclamation
Attachments
14.3Farewell to Councilmember Petersen
Attachments
14.4Oaths of Office administered to Councilmembers
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Brianne Hayes Police
Vern Erickson Public Utilities
Serita Buchanan Parks & Recreation
Catalina Tefft Public Utilities
Craig Krueger Fire
Jason Matthews Fire
Jeremy Jenkins Police
Jose Fernandez Fire
Joseph Kraus Fire
10 Years of Service
Sandra Clayton Park & Recreation
Daniel Luna Gas
Deane Murray Public Utilities
Anthony Harris Solid Waste
15 Years of Service
Ike George Public Utilities
Karen Cunkle Internal Audit
Randy Barnoski Public Utilities
20 Years of Service
Douglas Blackwell Police
Tracy Squitieri Police
William Buzzell Solid Waste
Christopher Squitieri Police
30 Years of Service
Edward Turnbull General Services
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Amend the City’s fiscal year 2009/10 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 8166-10 and
8167-10 on first reading.
SUMMARY:
The fiscal year 2009/10 Operating and Capital Improvement Budgets were adopted in September 2009 by Ordinances 8100-09 and
8101-09. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income,
expenditure estimates, collections, the explanation significant variances, as well as the financial status of all capital improvement
projects. The transmittal memorandum and the accompanying report provide this information and outlines the issues at first quarter that
require amendment.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
First Quarter Budget Review
Fiscal 2009-10
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horne, City Manager
COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: First Quarter Budget Review - Amended City Manager's Annual Budget Report
DATE: March 01, 2010
Attached is the First Quarter Budget Review in accordance with the City Code of Ordinances.
The report is based on three months of activity (October, 2009 through December, 2009) in this fiscal year.
The report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $271,236.
The major reason for the overall General Fund expenditure increase includes the appropriation of General
Fund retained earnings of $132,950 at first quarter to include the following items: $89,000 to fund the
Matrix contract; $37,950 for the turnstile removal at Clearwater Harbor, and $6,000 for the installation of
light buoys adjacent to the Clearwater Pass Jetty. All of these amendments have been previously approved
by the City Council. Other expenditure increases include a transfer of $100,000 of proceeds from the
increased Gas dividend receipts to the Gas Main Extensions project, as previously approved by the Council;
and $33,000 to establish the operating budget for the Royalty Theater with offsetting operating revenues.
In addition, enhanced revenues are recognized in the amount of $2,598,260 from the increase of gas
dividends as well as the return of $8,309.23 of Special Program project funding from closing the
Neighborhood Services Grants project and the return of $113,007.80 of Capital Improvement funding from
closing of the Beach Walk and Bayfront Promenade projects. With the increase in revenues outlined here,
the net transfer to retained earnings is approximately $2,486,000 at first quarter.
General Fund Reserves ± ,QRUGHUWRHQVXUHDGHTXDWHUHVHUYHVWKH&LW\&RXQFLO¶VSROLF\UHIOHFWVWKDW*HQHUDO
)XQGXQDSSURSULDWHGUHWDLQHGHDUQLQJVRIRIWKH&LW\¶VEXGJHWHG*HQHUDO)XQGH[SHQGLWXUHVPXVWEH
maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2009 books, and the allocation of reserves noted above, estimated General
Fund reserves at first quarter are approximately $17.3 million, or 15.1RIWKHFXUUHQW\HDU¶V*HQHUDO
Fund budget, exceeding our reserve policy by $7.5 million.
_________________________
Attachment number 1
Page 1 of 3
First Quarter Budget Review
Fiscal 2009-10
City Manager's Transmittal
Significant amendments to other City Operating Funds are noted as follows.
Water and Sewer Fund
At first quarter, the Water and Sewer operating budget reflects a revenue increase of $2,362,475 which
includes proceeds from the sale of the Silver Dollar Trap club of $240,000; and increases in interest
earnings of $2,126,000 to bring the budget in line with the anticipated increase in interest earnings for the
year and earnings due to the close of a bond escrow account at the Bank of New York.
Gas Fund
Budget amendments to the Gas Fund reflect a net increase of over $4.5 million primarily the result of a
transfer to the General Fund for increased gas dividends and a transfer to the Capital Improvement Fund
to fund energy conservation programs as approved by the Council on January 14, 2010. The allocation of
unappropriated retained earnings which are the result of the gas supply buy-out agreement in 2009 offset
these increases.
Solid Waste Fund
Budget amendments to the Solid Waste Fund reflect an expenditure decrease of $227,762 which is
primarily the result of reductions in dump fees due to lower than expected tonnages in all three collection
programs.
Recycling Fund
First quarter amendments to the Recycling Fund revenues reflect a net increase of $97,821 which includes
over $83,000 from the Pinellas County grant supporting recycling efforts and increases in the sale of
recyclables.
Marine Fund
First quarter expenditure amendments in the Marine Fund reflect a net decrease of $129,600 to offset the
loss of revenues anticipated for the fiscal year.
Parking Fund
First quarter budget amendments reflect the allocation of $3,400,000 of Parking Fund reserves to provide
funding for project 315-92649, Surf Style Condominium-Parking Unit, which has been previously
approved by the City Council.
Administrative Services Fund
At first quarter, $25,846 of Administrative Services Fund reserves are allocated to cover the final payout
of the Graphics Supervisor position and associated unemployment costs.
Central Insurance Fund
At first quarter, the Central Insurance Fund operating expenditures reflect the allocation of Central
Insurance Fund reserves for $170,000 to support the CIGNA health insurance contract as previously
approved by the Council. Revenue amendments also reflect the return of $4,625,000 in reserves which
were advanced to the Downtown Boat Slips project prior to the receipt of Penny for Pinellas and CRA
funds in FY09/10.
Attachment number 1
Page 2 of 3
First Quarter Budget Review
Fiscal 2009-10
City Manager's Transmittal
Capital Improvement Fund
First quarter amendments to the Capital Improvement Fund reflect a decrease of $1,381,607. Major
project amendments include the establishment of the Surf Style Condominium Parking Unit project in the
amount of $9.4 million, which includes new Parking Fund revenues of $3.4 million; and the Expanded
Energy Conservation project for a total of $2,075,709. A list of capital improvement project budget
increases that have been previously approved by the City Council is included on page 20 of this report.
Project budget increases not previously approved by the Council are also summarized on page 20. The
largest of these proposed increases is an increase of $75,895 recognizing contributions from GHYHORSHUV¶
revenue representing reimbursement from Majestic Point Condos which is applied to the Water and Sewer
project for System Repair and Replacement.
Special Program Fund
The Special Program Fund reflects a net budget increase of $2,669,654 at first quarter. Amendments
include the recognition of over $1,480,000 in grants proceeds supporting programs for the Hispanic
Outreach Center, Rosetta Stone courseware, and Clearwater Human Trafficking; an Energy Block Grant
which was divided into four programs supporting energy efficiency efforts; and Coordinated Child Care
grants supporting neighborhood recreation programs. Other significant amendments reflect more than
$437,000 for the special events and sponsorships programs in the last three months, over $461,000 from
police fines and court proceeds to support public safety programs and over $250,000 in revenues for
police outside duty contractual services.
Attachment number 1
Page 3 of 3
CITY OF CLEARWATER
FIRST QUARTER SUMMARY
2009/10
FY 09/10FirstFirstFirst
AdoptedQuarterQuarterQuarterAmended
DescriptionBudgetProjectedActualVariance%AdjustmentBudget
General Fund:
Revenues115,453,300 35,724,797 41,473,951 5,749,154 16%271,236 115,724,536
Expenditures115,453,300 34,358,917 35,259,323 (900,406) -3%271,236 115,724,536
Utility Funds:
Water & Sewer Fund
Revenues58,827,450 14,706,850 14,008,055 (698,795) -5%2,362,475 61,189,925
Expenditures58,672,340 15,754,127 15,146,431 607,696 4%- 58,672,340
Stormwater Fund
Revenues15,579,600 3,607,453 3,642,494 35,041 1%- 15,579,600
Expenditures15,579,600 8,279,435 8,118,005 161,430 2%- 15,579,600
Gas Fund
Revenues42,901,470 10,340,712 9,972,137 (368,575) -4%5,051,399 47,952,869
Expenditures40,528,040 13,991,145 13,275,396 715,749 5%4,518,079 45,046,119
Solid Waste Fund
Revenues18,823,080 4,705,773 4,795,116 89,343 2%- 18,823,080
Expenditures18,759,080 5,275,555 4,579,990 695,565 13%(227,762) 18,531,318
Recycling Fund
Revenues2,949,470 603,116 634,453 31,337 5%97,821 3,047,291
Expenditures2,949,470 799,116 726,185 72,931 9%- 2,949,470
Enterprise Funds:
Marine Fund
Revenues4,850,380 1,192,099 910,564 (281,535) -24%(260,000) 4,590,380
Expenditures4,552,760 1,212,390 1,004,875 207,515 17%(129,600) 4,423,160
Airpark Fund
Revenues249,000 62,250 62,081 (169) 0%(8,000) 241,000
Expenditures194,070 58,165 49,210 8,955 15%- 194,070
Downtown Boat Slips Fund
Revenues631,260 - 394 (394) n/a- 631,260
Expenditures464,230 30,645 17,210 13,435 44%- 464,230
Parking Fund
Revenues5,405,020 1,039,983 952,416 (87,567) -8%3,400,000 8,805,020
Expenditures5,172,020 1,464,411 1,381,521 82,890 6%3,400,000 8,572,020
Harborview Center
Revenues163,080 110,199 111,126 927 1%- 163,080
Expenditures163,080 91,615 104,959 (13,344) -15%- 163,080
Internal Service Funds:
General Services Fund
Revenues4,991,540 1,247,887 1,247,718 (169) 0%- 4,991,540
Expenditures4,991,540 1,389,713 1,258,277 131,436 9%- 4,991,540
Administrative Services
Revenues9,430,000 2,357,507 2,263,516 (93,991) -4%25,846 9,455,846
Expenditures9,224,590 2,693,055 2,167,787 525,268 20%25,846 9,250,436
Garage Fund
Revenues12,824,540 3,206,136 2,913,801 (292,335) -9%- 12,824,540
Expenditures12,824,540 3,457,335 2,966,564 490,771 14%- 12,824,540
Central Insurance Fund
Revenues19,161,320 4,867,651 5,519,448 651,797 13%4,795,000 23,956,320
Expenditures18,208,370 4,583,537 3,885,756 697,781 15%170,000 18,378,370
Attachment number 2
Page 1 of 1
1
FIRST QUARTER REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2009-10 REPORT
PAGE #
General Fund Operating Budget ................................................................................................................... 3
Utility Funds Operating Budget ..................................................................................................................... 9
Other Enterprise Funds Operating Budgets .............................................................................................. 13
Internal Service Funds Operating Budgets ................................................................................................. 17
Capital Improvement Program Budget ....................................................................................................... 20
Special Program Fund Budget .................................................................................................................... 35
Special Development Funds ....................................................................................................................... 47
Administrative Change Orders .................................................................................................................... 50
Ordinances .................................................................................................................................................. 52
First Quarter budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects
identified in the report are not simply time percentages applied to annual budgets but rather department
director's judgment of month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents three months, October 1, 2009 through
December 31, 2009. The adjustments, however, represent all data available at the time of the report,
including action taken by the City Council after December 31, 2009.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Original Budget The budget as adopted by the City Council on September 17, 2009.
First Quarter Projections Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
First Quarter Actual Self-explanatory.
Variance Difference between First Quarter projected and First Quarter actual.
Variance % % of variance to First Quarter projection.
Adjustments Adjustments that have been approved by the City Council, made at the
0DQDJHU¶VGLVFUHWLRQDQGRUDGMXVWPHQWVSURSRVHGEDVHGRQ)LUVW4XDUWHU
review.
Amended Budget Adding the Original Budget and Adjustments.
Amended Budget % Percentage change of amended budget to original budget.
Attachment number 3
Page 1 of 2
2
Capital Improvement Projects
The amended 2009/10 Capital Improvement Projects budget report is submitted for the City Council review.
This review provides the opportunity to analyze the status of all active projects and present formal
amendments to the project budget.
The Capital Improvement and Special Program funds information is presented as follows:
Definitions:
Budget The budget as of October 1, 2009, which includes budgets from prior years,
which have not been completed.
Amendment Amendments which have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed as a result of the First
Quarter review.
Revised Budget Adding columns one and two.
Expenditure Self-explanatory.
Encumbrance Outstanding contract or purchase order commitment.
Available Balance Difference between revised budget and expenditure plus encumbrance.
Status C - project is completed
Amend Ref Reference number for description of amendment.
Attachment number 3
Page 2 of 2
Increase/(Decrease)Description
Property Taxes
At firstquarter,propertytaxrevenuesexhibita 22%
positivevariance,this is primarilyatimingdifference in the
actualreceiptversusbudgetedcollectionsforthequarter.
As of the endof January,approximately 80%of budgeted
revenueshave been collected.At thesametime in
2008/09,78%of theyear'stotalrevenues hadbeen
collected. No amendment is proposed at this time.
Franchise Fees
At firstquarter,franchisefeescollections are
approximately 16%higherthanthesameperiodlastyear,
and5%greaterthananticipatedfortheyear due to the
increasedreceipts of electricfranchisefees.No
amendment is proposed at this time.
Utility Taxes
Utilitytaxrevenues are approximately as budgeted at first
quarter,and approximately 12%greaterthanthesame
periodlastyear.No amendmentsare proposeduntil
additional months of revenue are available for review.
Licenses & Permits
At first quarter, license and permit revenues exhibit a 12%
negativevariance.This is primarilyrelated to theBusiness
TaxLicenserevenuewhich,forthefirstfourmonths of this
year,is approximately 16%lessthanthesameperiod in
fiscalyear2008/09.No amendmentsare proposed at this
time.
Intergovernmental
Sales Tax
At firstquarter,salestaxrevenuereflectsa 54%negative
varianceprimarilyrelated to thetiming of revenue
collection.Adjustedfortiming,revenues are approximately
6%lowerthananticipatedforthisyear and4%lowerthan
thefirstquarter of fiscalyear2008/09.No amendments
are proposeduntiladditionalmonths of revenue are
available for review.
Communications Tax
At firstquarter,communicationstaxrevenue is 13%less
thananticipatedfortheyear and12%lowerthanfirst
quarter of fiscalyear2008/09.No amendmentsare
proposeduntiladditionalmonths of revenue are available
for review.
Other Intergovernmental 5,286
OtherIntergovernmentalrevenues are approximately as
budgetedforfirstquarter.Amendmentsreflectovertime
reimbursements of $1,086.03supportingtheU.S.
Immigrations and CustomsEnforcement program,and
$4,199.87supportingtheDrugEnforcementAgencywhich
offset expenditure increases in the Police Department.
City of Clearwater
General Fund Revenues
First Quarter Amendments
FY 2009/10
3
Attachment number 4
Page 1 of 3
Increase/(Decrease)Description
City of Clearwater
General Fund Revenues
First Quarter Amendments
FY 2009/10
Charges for Service (22,000)
Revenue amendments includea$22,000decreasefor
rentalrevenuefromtheChamberwhich is offset by the
increase in theMiscellaneouscategory.Thisrevenuewas
originally budgeted in the wrong code.
Fines & Forfeitures
Fines and forfeiturerevenuesforthequarter are
approximately 38%lessthananticipated at firstquarter.
Thiswill be carefullymonitoredforpossible amendmentat
mid year once further data is available.
Interest Income
Revenuesfrominterestearnings are approximately as
budgeted at firstquarter.No amendmentsare
recommended at this time.
Miscellaneous 55,000
At firstquarter,revenue amendments includea$55,000
increaseforrentalrevenuefromtheChamberlease,
$22,000 of thisincrease is offset by thedecrease in the
ChargesforServicecategory,thiswasoriginallybudgeted
in theincorrectcode.Theremaining$33,000 of this
increase is offset by increased program expendituresfor
theRoyaltyTheatercostcenterwhichwere not budgeted
in the FY09/10 adopted budget.
Interfund Charges/Transfers In 2,719,595
Thepositivevariance is thiscategory is timingvariance in
theposting of thereceipt of theGasSystemdividend.
Budget amendments include:1)an increase of $2,598,260
in thecomputed annualgas dividendpayment to the
GeneralFundfor FY 2009/10,which is slightlyhigherthan
theoriginal amount outlined in theCouncilapproved
agenda item on January 14,2010;2)return of General
FundrevenuesfromSpecialProgramproject 181-99834,
NeighborhoodServicesGrants,in the amountof $8,309.23
whichwillclosetheproject;3)thereturn of GeneralFund
revenuesfromproject 315-92267,BeachWalk,in the
amountof $64,920.72whichwillclosetheproject;4)the
return of GeneralFundrevenuesfromproject 315-93402,
BayfrontPromenade,in the amountof $48,105.08which
will close the project.
4
Attachment number 4
Page 2 of 3
Increase/(Decrease)Description
City of Clearwater
General Fund Revenues
First Quarter Amendments
FY 2009/10
Firstquarter amendments reflectthefollowingallocations
of General Fund reserves:
89,000
1)An appropriationof $89,000fromretainedearnings to
Non-DepartmentalProgram to providefundingforthe
MatrixConsultingGroupcontract as approved by the
Council November 5, 2009.
6,000
2)An appropriationof $6,000fromretainedearnings to
Non-DepartmentalProgram to providefundingforthe
installation of threelightbuoysadjacent to theClearwater
PassJetty as approved by theCouncilDecember 17,
2009.
37,950
3)An appropriationof $37,950fromretainedearningsfor
project 315-92822,MiscellaneousEngineering as
approved by Council on February 4, 2010.
(2,619,595)
4)Arevenuesurplus of $2,619,595.03 is beingreturned
to GeneralFundretainedearnings at firstquarter.This
representstheincreasedrevenuesfromtheadditional gas
dividends of $2,598,260 as notedabove;thereturn of
special program projectfunding of $8,309.23fromproject
181-99834,NeighborhoodServicesGrants;thereturn of
capitalimprovementfunding of $64,920.72fromproject
315-92267,BeachWalk,and $48,105.08fromproject 315-
93402,BayfrontPromenade;net thetransfer to capital
improvementproject 315-96385,GasMains of $100,000
fromtheproceeds of increased gas dividendreceipts as
approved by Council on January 14, 2010.
(2,486,645)
271,236
Net General Fund Revenue
Amendment
Net Transfer (to) from Retained
Earnings
Transfer (to) from Surplus
5
Attachment number 4
Page 3 of 3
Increase/
(Decrease)Description
At firstquarter,the 27%negativevariance in the Economic
Developmentdepartment is strictlyrelated to timing of the
payment of the tourismcontractswith the ClearwaterRegional
Chamber of Commerce and the TampaBayPartnership
membership. No amendments are proposed at this time.
33,000
Firstquarterexpenditureamendmentsreflect an increase of
$33,000 to establish the budget for the RoyaltyTheaterwhich
was notbudgeted in the FY09/10 adoptedbudget,thisincrease
is offset by associatedrevenueamendments.Amendments
alsoincludeatransfer of operatingsavings of$22,303.00 to
capitalproject315-93265,BeachLibrary/RecreationCenter
Improvements to coverunanticipatedcosts of renovations;this
transfer has a $0 net change to General Fund expenditures.
5,286
Firstquarterexpenditureamendmentsreflect an increase to
overtime by$5,285.90 which is offset by revenueamendments
recognizing the reimbursementsreceivedforovertimefrom ICE
(TheDepartment of the Treasury)and overtimeformDEA(US
Department of Justice, Drug Enforcement Agency).
City of Clearwater
General Fund Expenditures
First Quarter Amendments
FY 2009/10
Police
Parks & Recreation
Economic Development
& Housing
6
Attachment number 5
Page 1 of 2
Increase/
(Decrease)Description
City of Clearwater
General Fund Expenditures
First Quarter Amendments
FY 2009/10
Non-Departmental
At firstquarter,the 109%negativevariance in the Non-
Departmentalprogram is strictlyatimingvariance in the
transfer of the TaxIncrementPayment tothe CRA.This
budget variance is corrected by period four.
89,000
Atransfer of$89,000of GeneralFundunappropriated
retainedearnings tothe Non-DepartmentalProgramwas
approved by the Council on November 5,2009 to provide
fundingfor the MatrixConsultingGroupcontract to perform an
efficiency review of the Clearwater Fire & Rescue Department.
6,000
Atransfer of$6,000of GeneralFundunappropriatedretained
earnings tothe Non-DepartmentalProgramwasapproved by
the Council on December 17,2009 to providefundingfor the
installation of threelightbuoysadjacent tothe ClearwaterPass
Jetty.
137,950
The budget amendmentalsoreflectsCityCouncilapproved
interfundtransfers of$137,950 to CapitalImprovement and
Special Program projects, as follows:
1)Atransfer of$37,950of GeneralFundunappropriated
retainedearningsforproject315-92822,Miscellaneous
Engineering,wasapproved by the Council on February 4,2010
to provide funding for Turnstile Removal Clearwater Harbor.
2)Atransfer of$100,000,fundedfrom the proceeds of
increasedGasdividendreceipts to project315-96385,Gas
MainExtensionswasapproved by Council on January 14,
2010.
232,950
271,236
Net General Fund
Expenditure Amendment
7
Attachment number 5
Page 2 of 2
2009/10 FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposed1 Qtr Amended
BudgetProjectionActualVariance%AmendmentBudget
GENERAL FUND
GENERAL FUND REVENUES
Property Taxes 41,786,420 20,900,000 25,401,7764,501,77622%- 41,786,420
Franchise Fees 10,152,000 1,743,667 1,835,80592,1385%- 10,152,000
Utility Taxes 12,321,860 2,337,239 2,353,71016,4711%- 12,321,860
Licenses, Permits & Fees 3,550,000 1,186,001 1,045,680 (140,321)-12%- 3,550,000
Intergovernmental
Sales Tax 5,313,000 885,500 406,490 (479,010)-54%- 5,313,000
Communications Services Tax 6,814,600 1,135,766 990,451 (145,315)-13%- 6,814,600
Other Intergovernmental 11,350,290 2,205,660 2,228,90423,2441%5,286 11,355,576
Charges for Services 3,904,660 825,686 690,800 (134,886)-16%(22,000) 3,882,660
Fines & Forfeitures 677,300 156,826 97,127 (59,699)-38%- 677,300
Interest Income 1,140,000 259,000 262,8393,8391%- 1,140,000
Miscellaneous Revenues 926,500 225,377 238,85213,4756%55,000 981,500
Interfund Charges / Transfers In 17,516,670 3,864,075 5,921,5172,057,44253%2,719,595 20,236,265
OPERATING REVENUES 115,453,300 35,724,797 41,473,9515,749,15416%2,757,881 118,211,181
Transfer (to) from Surplus- - 00 n/a (2,486,645) (2,486,645)
TOTAL REVENUES 115,453,300 35,724,797 41,473,9515,749,15416%271,236 115,724,536
GENERAL FUND EXPENDITURES
City Council 296,570 79,943 81,901 (1,958)-2%- 296,570
City Manager's Office 1,274,680 421,785 404,799 16,9864%- 1,274,680
City Attorney's Office 1,623,430 440,453 355,262 85,19119%- 1,623,430
City Auditor's Office 182,410 55,244 54,895 3491%- 182,410
Development & Neighborhood Svcs- - - - 0%- -
Economic Development & Housing 1,374,570 398,891 504,905 (106,014)-27%- 1,374,570
Engineering 7,441,890 2,230,237 2,043,352 186,8858%- 7,441,890
Equity Services- - - - 0%- -
Finance 2,195,470 640,048 582,621 57,4279%- 2,195,470
Fire 21,760,100 6,641,084 6,686,230 (45,146)-1%- 21,760,100
Human Resources 1,108,350 312,253 300,980 11,2734%- 1,108,350
Library 5,710,940 2,064,321 1,996,989 67,3323%- 5,710,940
Marine & Aviation 564,440 160,141 148,778 11,3637%- 564,440
Non-Departmental 4,903,750 1,136,023 2,377,061 (1,241,038)-109%232,950 5,136,700
Office of Management & Budget 285,690 86,389 86,864 (475)-1%- 285,690
Official Records & Legislative Svcs 1,087,520 302,685 293,961 8,7243%- 1,087,520
Parks & Recreation 19,739,130 6,035,491 5,808,005 227,4864%33,000 19,772,130
Planning & Development 4,679,890 1,372,559 1,364,973 7,5861%- 4,679,890
Police 37,415,990 10,960,152 11,202,125 (241,973)-2%5,286 37,421,276
Public Communications 1,031,750 295,427 252,246 43,18115%- 1,031,750
Public Services 2,580,000 725,791 713,376 12,4152%- 2,580,000
Allocation to GF Reserve 196,730 - - - ~- 196,730
TOTAL EXPENDITURES 115,453,300 34,358,917 35,259,323 (900,406)-3%271,236 115,724,536
For Three Month Period of October 1, 2009 - December 31, 2009
GENERAL FUND
FIRST QUARTER REVIEW
8
Attachment number 6
Page 1 of 1
Increase/
(Decrease)Description
Water & Sewer Fund
At first quarter, anticipated revenues of the Water & Sewer Fund
exceed anticipated expenditures by $2,517,585 for fiscal year 2009/10.
Revenues:2,362,475
Firstquarteramendments to Water and Sewerrevenuesreflecta net
increase of$2,362,475 whichincludes the following:1)an increase of
$240,000 in surpluslandsales to reflectproceedsfrom the sale to
SilverDollarTrapClub;2)adecrease of$3,525 in landrentals due to
termination of the lease and sale of the propertySilverDollarTrap
Club;3)an increase of$126,000 in interestearnings due tothe close
of a bond escrowaccount at the Bank of NewYork;and4)an increase
of$2,000,000 in interestearnings to bring the budget in linewith the
anticipated increase in interest earnings for the year.
Expenditures:0
Firstquarterexpenditureamendmentsreflectsmalllineitem changes
with in the WastewaterCollection budget.The net change to Water
and Sewer fund expenditures is $0.
Stormwater Fund
At first quarter, anticipated revenues of the Stormwater Fund equal
anticipated expenditures for FY 2009/10.
Revenues: No amendments are proposed at first quarter.
Expenditures: No amendments are proposed at first quarter.
Gas Fund
At first quarter, anticipated revenues of the Gas Fund exceed
anticipated expenditures by $2,906,750 for FY 2009/10.
Revenues:5,051,399
Firstquarteramendments to Gasfundrevenuesreflecta net increase
of$5,051,399.31 whichinclude:1)a $2,639,690 increase in
unappropriatedretainedearningsfor the dividendpaymentincrease to
the GeneralFund as approved by Council on January 14,2010;2)a
$2,075,709.31 increase in unappropriatedretainedearnings that area
result of the gas supplybuy-outagreement in 2009.Thisrevenuewill
be transferred to CapitalImprovementproject315-96386,Expanded
EnergyConservation to fundenergyconservationprograms as
approved by the Council on January 14,2010;3)a $300,000 estimated
increase in LP PGAfuel;4)an increase of$30,000 forinsurance
recovery;and5)other adjustments to lineitemrevenuestotaling an
increase of $6,000.
Expenditures:4,518,079
Firstquarteramendmentsreflecta net increase of$4,518,079.31 to
GasFundexpenditureswhichinclude:1)a $2,598,260 transfer of
increaseddividendpayment tothe generalfund as approved by
Council on January 14,2010;2)a $2,075,709.31 transfer to project
315-96386,ExpandedEnergyConservation to fundenergy
conservationprograms as approved by the Council on January 14,
2010;3)a $241,280 increase in promotionalactivities to attract new
customers;4)a $100,000 increase in the cost ofLP fuel;5)adecrease
of$400,000 in taxes;and6)other variousadjustments to lineitem
expenditures totaling a net reduction of $97,170.00.
City of Clearwater
Utility Funds
First Quarter Amendments
FY 2009/10
9
Attachment number 7
Page 1 of 2
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
First Quarter Amendments
FY 2009/10
Solid Waste Fund
At first quarter, anticipated revenues of the Solid W aste Fund exceed
anticipated expenditures by $ 291,762 for FY 2009/10.
Revenues: No amendments are proposed at first quarter.
Expenditures:(227,762)
Firstquarterexpenditureamendmentsincludea $214,000 decrease
in dumpfees due to lower than expected tonnages in allthree
collectionprograms.Othervariouslineitemincreases and decreases
includesalarysavings due to adowngradedposition and avacancy;
increasedcost of healthassessments and reductions in garage
chargesfora net decrease of$227,762 to SolidWasteFund
expenditures.
Recycling Fund
At first quarter, anticipated revenues of the Recycling Fund exceed
anticipated expenditures by $97,821 for FY 2009/10.
Revenues:97,821
Firstquarteramendments to RecyclingFundrevenuesreflecta net
increase of$97,821.Amendmentsinclude the recognition of agrant
fromPinellasCountysupportingrecyclingefforts in the amount of
$83,121,andan increase in the sale of recyclables of$14,700due to
the slight growth in that market.
Expenditures No amendments are proposed at first quarter.
10
Attachment number 7
Page 2 of 2
2009/10FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposed1 Qtr Amended
BudgetProjectionActualVariance%AmendmentBudget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Operating Revenue57,291,800 14,322,948 13,505,872 (817,076) -6%- 57,291,800
Non-Operating Revenue1,535,650 383,902 442,324 58,422 15%2,362,475 3,898,125
Contributions - - 59,859 59,859 n/a- -
Transfers In - - - - n/a- -
Use of Fund Equity- - - - n/a- -
Total Revenues58,827,450 14,706,850 14,008,055(698,795) -5%2,362,475 61,189,925
Water & Sewer Fund Expenditures
Public Utilities Administration901,650 243,225 215,774 27,451 11%- 901,650
Wastewater Collection5,139,670 1,739,413 1,701,898 37,515 2%- 5,139,670
Public Utilities Maintenance2,988,580 810,887 758,353 52,534 6%- 2,988,580
WPC / Plant Operations10,588,070 2,779,508 2,642,166 137,342 5%- 10,588,070
WPC / Laboratory Operations1,250,130 337,399 327,474 9,925 3%- 1,250,130
WPC / Industrial Pretreatment822,910 224,880 194,680 30,200 13%- 822,910
Water Distribution7,904,560 2,265,393 2,222,229 43,164 2%- 7,904,560
Water Supply12,370,480 3,127,514 2,487,531 639,983 20%- 12,370,480
Reclaimed Water2,064,970 565,578 524,000 41,578 7%- 2,064,970
Non-Departmental14,641,320 3,660,330 4,072,327 (411,997) -11%- 14,641,320
Total Expenditures58,672,340 15,754,127 15,146,431607,696 4%- 58,672,340
STORMWATER FUND
Stormwater Utility Revenues
Operating Revenues14,138,310 3,534,579 3,560,217 25,638 1%- 14,138,310
Non-Operating Revenues291,410 72,874 82,277 9,403 13%- 291,410
Transfers In - - - - n/a- -
Use of Fund Equity1,149,880 - - - n/a- 1,149,880
Total Revenues15,579,600 3,607,453 3,642,49435,041 1%- 15,579,600
Stormwater Utility Expenditures
Stormwater Management4,794,7601,234,2561,163,41570,841 6%- 4,794,760
Stormwater Maintenance10,784,8407,045,1796,954,59090,589 1%- 10,784,840
Total Expenditures15,579,600 8,279,435 8,118,005 161,430 2%- 15,579,600
GAS FUND
Gas Fund Revenues
Operating Revenues40,080,920 10,050,214 9,651,486 (398,728) -4%306,000 40,386,920
Non-Operating Revenues939,980 234,998 251,055 16,057 7%30,000 969,980
Transfers In - - - - n/a- -
Capitalized Labor222,000 55,500 69,596 14,096 25%- 222,000
Use of Fund Equity1,658,570 - - - n/a4,715,399 6,373,969
Total Revenues42,901,470 10,340,712 9,972,137(368,575) -4%5,051,399 47,952,869
Gas Fund Expenditures
Administration & Supply27,122,6206,491,8705,707,475784,395 12%2,144,08029,266,700
South Area Gas Operations7,430,5404,427,7964,449,430(21,634) 0%78,6007,509,140
North Area Gas Operations3,513,7102,365,4672,292,96772,500 3%(34,550)3,479,160
Marketing & Sales2,461,170706,012825,524(119,512) -17%2,329,9494,791,119
Total Expenditures40,528,040 13,991,145 13,275,396715,749 5%4,518,079 45,046,119
For Three Month Period of October 1, 2009 - December 31, 2009
UTILITY FUNDS
FIRST QUARTER REVIEW
11
Attachment number 8
Page 1 of 2
2009/10FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposed1 Qtr Amended
BudgetProjectionActualVariance%AmendmentBudget
For Three Month Period of October 1, 2009 - December 31, 2009
UTILITY FUNDS
FIRST QUARTER REVIEW
SOLID WASTE FUND
Solid Waste Revenues
Operating Revenue17,923,000 4,480,752 4,539,36458,612 1%- 17,923,000
Non-Operating Revenue652,100 163,026 193,75730,731 19%- 652,100
Transfers In247,980 61,995 61,995- 0%- 247,980
Use of Fund Equity- - 0- - - -
Total Revenues18,823,080 4,705,773 4,795,11689,343 2%- 18,823,080
Solid Waste Expenditures
Collection15,604,8404,404,9483,762,287642,661 15%(195,662) 15,409,178
Transfer 1,406,550388,678369,69218,986 5%- 1,406,550
Container Maintenance773,530217,464212,8984,566 2%4,350 777,880
Administration974,160264,465235,11329,352 11%(36,450) 937,710
Total Expenditures18,759,080 5,275,555 4,579,990695,565 13%(227,762) 18,531,318
RECYCLING FUND
Recycling Revenues
Operating Revenue2,249,010 562,251 596,32834,077 6%14,700 2,263,710
Non-Operating Revenue700,460 40,865 38,125(2,740) -7%83,121 783,581
Total Revenues2,949,470 603,116 634,45331,337 5%97,821 3,047,291
Recycling Expenditures
Residential1,047,110 287,237 280,650 6,587 2%- 1,047,110
Multi-Family527,470 142,798 127,087 15,711 11%- 527,470
Commercial1,374,890 369,081 318,447 50,634 14%- 1,374,890
Total Expenditures2,949,470 799,116 726,18572,931 9%- 2,949,470
12
Attachment number 8
Page 2 of 2
Increase/
(Decrease)Description
Marina Fund
Anticipated revenues of the Marine Fund exceed anticipated
expenditures by $167,220 at first quarter fiscal year 2009/10.
Revenues:(260,000)
Firstquarteramendmentsreflecta net decrease of$260,000 which
includes the following:1)a $235,000 decrease in sliprentalrevenues;
2)a $75,000 decrease in fuelsales;and3)areturn of fundsfrom
CapitalImprovementprojectstotaling $50,000 necessary to offset the
loss of revenues anticipated for the year.
Expenditures:(129,600)
Firstquarterexpenditureamendmentsreflectadecrease of$79,600
in variousoperatinglineitems,and a $50,000 decrease in transfers to
supportcertaincapitalimprovementprojects.Thesereductionsare
necessary to offset the loss of revenues anticipated for the year.
Downtown Boat Slips Fund
Anticipated revenues of the Downtown Boat Slips Fund exceed
anticipated expenditures by $167,030 at first quarter fiscal year
2009/10.
Revenues:-
TheDowntownBoatSlipsare now scheduled to open in the Spring.
At mid-year,budgeted revenueswill be adjusted to reflect the shorter
operating period for fiscal year 2009/10.
Expenditures:-
TheDowntownBoatSlipsare now scheduled to open in the Spring.
At mid-year,budgeted expenditureswill be adjusted to reflect the
shorter operating period for fiscal year 2009/10.
Airpark Fund
Anticipated revenues of the Airpark Fund exceed anticipated
expenditures by $46,930 at first quarter fiscal year 2009/10.
Revenues:(8,000)
At firstquarter,budget amendmentsreflecta budget decrease of
$8,000 in anticipated sales of fuel.
Expenditures:- No amendments are proposed at first quarter.
FY 2009/10
City of Clearwater
Other Enterprise Funds
First Quarter Amendments
13
Attachment number 9
Page 1 of 2
Increase/
(Decrease)Description
FY 2009/10
City of Clearwater
Other Enterprise Funds
First Quarter Amendments
Parking Fund
At first quarter, anticipated revenues of the Parking Fund exceed
anticipated expenditures by $233,000 for fiscal year 2009/10.
Revenues:3,400,000
Firstquarterrevenueamendments tothe parkingfundinclude:1)an
appropriation of$100,000of undesignatedretainedearningsfor
project315-92649,SurfStyleCondominium-ParkingUnit,to fund the
contractwithChaseRealty/MarkSearcy as approved by the Council
on January 14,2010;and2)an appropriation of$3,300,000of
undesignatedretainedearningsforproject315-92649,SurfStyle
Condominium-ParkingUnit,to fund the DevelopmentAgreementwith
L.O.M. Inc as approved by the Council on February 18, 2010.
Expenditures:3,400,000
Firstquarterexpenditureamendments tothe parkingfundinclude:1)
atransfer of$100,000of undesignatedretainedearnings to project
315-92649,SurfStyleCondominium-ParkingUnit,to fund the contract
withChaseRealty/MarkSearcy as approved by the Council on
January 14,2010;and2)atransfer of$3,300,000of undesignated
retainedearnings to project315-92649,SurfStyleCondominium-
ParkingUnit,to fund the DevelopmentAgreementwithL.O.M.Inc as
approved by the Council on February 18, 2010.
Harborview Fund
Anticipated revenues of the Harborview Fund equal anticipated
expenditures at first quarter fiscal year 2009/10.
Revenues:- No amendments are proposed at first quarter.
Expenditures:-
No amendmentsareproposed at firstquarter.The 15%negative
variance is strictlyatimingvariance in the paymentforcontract
services.
14
Attachment number 9
Page 2 of 2
2009/10 FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposedAmended
BudgetProjectionActualVariance%AmendmentBudget
MARINE FUND
MARINE FUND REVENUES
Operating Revenues 4,722,000 1,160,000 882,008 (277,992) -24%(310,000) 4,412,000
Non-Operating Revenues 128,380 32,099 28,556 (3,543) -11%- 128,380
Transfers In - - - - n/a50,000 50,000
Use of Fund Equity- - - - n/a - -
TOTAL REVENUES 4,850,380 1,192,099 910,564 (281,535) -24%(260,000) 4,590,380
MARINE FUND EXPENDITURES
Marina Operations 4,552,760 1,212,390 1,004,875 207,515 17%(129,600) 4,423,160
TOTAL EXPENDITURES 4,552,760 1,212,390 1,004,875 207,515 17%(129,600) 4,423,160
DOWNTOWN BOAT SLIPS FUND
DOWNTOWN BOAT SLIPS FUND REVENUES
Operating Revenues 558,410 - - - n/a - 558,410
Non-Operating Revenues 72,850 - 394394 n/a - 72,850
Transfers In - - - - n/a - -
Use of Fund Equity- - - - n/a - -
TOTAL REVENUES 631,260 - 394 394 n/a - 631,260
DOWNTOWN BOAT SLIPS FUND EXPENDITURES
Downtown Boat Slips Operations 464,230 30,645 17,210 13,435 15%- 464230
TOTAL EXPENDITURES 464,230 30,645 17,210 13,435 44%- 464,230
AIRPARK FUND
AIRPARK FUND REVENUES
Operating Revenues 231,000 57,750 57,522 (228) 0%- 231,000
Non-Operating Revenues 18,000 4,500 4,559 59 1%(8,000) 10,000
Transfers In - - - - n/a - 0
Use of Fund Equity- - - - n/a - 0
TOTAL REVENUES 249,000 62,250 62,081 (169) 0%(8,000) 241,000
AIRPARK FUND EXPENDITURES
Airpark Operations 194,070 58,165 49,2108,955 15%- 194,070
TOTAL EXPENDITURES 194,070 58,165 49,2108,955 15%- 194,070
For Three Month Period of October 1, 2009 - December 31, 2009
ENTERPRISE FUNDS
FIRST QUARTER REVIEW
15
Attachment number 10
Page 1 of 2
2009/10 FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposedAmended
BudgetProjectionActualVariance%AmendmentBudget
For Three Month Period of October 1, 2009 - December 31, 2009
ENTERPRISE FUNDS
FIRST QUARTER REVIEW
PARKING FUND
PARKING FUND REVENUES
Operating Revenues 4,781,020 883,984 796,539 (87,445) -10%- 4,781,020
Non-Operating Revenues 624,000 155,999 150,017 (5,982) -4%3,400,000 4,024,000
Transfers In - - 5,860 5,860 - - -
TOTAL REVENUES 5,405,020 1,039,983 952,416 (87,567) -8%3,400,000 8,805,020
PARKING FUND EXPENDITURES
Engineering / Parking System 3,863,720 1,192,941 1,142,038 50,903 4%3,400,000 7,263,720
Engineering / Parking Enforcement 850,000 136,700 113,849 22,851 17%- 850,000
Parks & Rec / Beach Guards 458,300 134,770 125,633 9,137 7%- 458,300
TOTAL EXPENDITURES 5,172,020 1,464,411 1,381,521 82,890 6%3,400,000 8,572,020
HARBORVIEW FUND
HARBORVIEW CENTER FUND REVENUES
Operating Revenues 40,000 9,999 9,888 (111) -1%- 40,000
Non-operating Revenues 51,550 28,670 29,708 1,038 4%- 51,550
Transfers In 71,530 71,530 71,530 - - - 71,530
TOTAL REVENUES 163,080 110,199 111,126 927 1%- 163,080
HARBORVIEW CENTER FUND EXPENDITURES
Harborview Center Operations 163,080 91,615 104,959 (13,344) -15%- 163,080
TOTAL EXPENDITURES 163,080 91,615 104,959 (13,344) -15%- 163,080
16
Attachment number 10
Page 2 of 2
Increase/
(Decrease)Description
General Services
At first quarter, anticipated revenues of the General Services Fund equal
anticipated expenditures for fiscal year 2009/10.
Revenues: No amendments are proposed at first quarter.
Expenditures: No amendments are proposed at first quarter.
Administrative Services
At first quarter, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $205,410 for fiscal year 2009/10.
Revenues:25,846
Firstquarteramendmentsreflect the allocation of$25,846.22of
AdministrativeServiceFundretainedearnings to cover the expenses
incurredfrom the finalpayout of the GraphicsSupervisorposition and
unemployment costs.
Expenditures:25,846
Firstquarterexpenditureamendmentsreflect an increase of$25,846.22
in personnelcodes in the GraphicCommunications budget to cover the
finalpayout of the GraphicsSupervisorposition as well as unemployment
costs.
Garage Fund
At first quarter, anticipated revenues of the Garage Fund equal anticipated
expenditures for fiscal year 2009/10.
Revenues: No amendments are proposed at first quarter.
Expenditures: No amendments are proposed at first quarter.
Central Insurance
At first quarter, anticipated revenues of the Central Insurance Fund exceed
anticipated expenditures by $952,950 for fiscal year 2009/10.
Revenues:4,795,000
Firstquarteramendmentsreflect an allocation of CentralInsuranceFund
reservesfor $170,000 to support the CignaHealthCarecontract as
approved by the Council on December 17,2009.Asecondamendment
reflects the return of$4,625,000 in CentralInsuranceFundreserveswhich
wereadvanced to project315-93405,DowntownBoatSlips;thesefunds
areable to be returnedwith the receipt of PennyforPinellasfunds and the
annual CRA funds to the project for fiscal year 2009/10.
Expenditures:170,000
Firstquarterexpenditureamendmentsinclude an increase of$170,000 to
fund the CignaHealthCarecontract as approved by the Council on
December 17,2009.Amendmentsalsoincludeincreases in personnel
codes to fund the payout of accruedleave upon the retirement ofan
employee in Risk Management which is offset by other operating savings.
City of Clearwater
Internal Service Funds
First Quarter Amendments
FY 2009/10
17
Attachment number 11
Page 1 of 1
2009/10FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposed1 Qtr Amended
BudgetProjectionActualVariance%AmendmentBudget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Billings to Departments4,951,540 1,237,887 1,237,371 (516) 0%- 4,951,540
Non-Operating Revenue40,000 10,000 10,347 347 3%- 40,000
Transfers In - - - - n/a- -
Fund Reserves - - - - n/a- -
TOTAL REVENUES4,991,540 1,247,887 1,247,718 (169) 0%- 4,991,540
GENERAL SERVICES FUND EXPENDITURES
Administration 271,650 76,960 78,837 (1,877) -2%- 271,650
Building & Maintenance4,719,890 1,312,753 1,179,440 133,313 10%- 4,719,890
TOTAL EXPENDITURES4,991,540 1,389,713 1,258,277 131,436 9%- 4,991,540
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Operating Revenue9,230,000 2,307,507 2,209,021 (98,486) -4%- 9,230,000
Non-Operating Revenue200,000 50,000 54,495 4,495 9%- 200,000
Transfers In - - - - n/a- -
Fund Reserves - - - - n/a25,846 25,846
TOTAL REVENUES9,430,000 2,357,507 2,263,516 (93,991) -4%25,846 9,455,846
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology / Admin389,940 113,034 103,195 9,839 9%- 389,940
Information Tech / Network Svcs2,222,230 602,623 369,803 232,820 39%- 2,222,230
Info Tech / Software Applications1,999,220 644,268 570,849 73,419 11%- 1,999,220
Info Tech / Telecommunications972,020 247,337 133,364 113,973 46%- 972,020
Public Comm / Courier182,640 47,350 56,736 (9,386) -20%- 182,640
Public Comm / Graphics- - 22,954 (22,954) n/a 25,846 25,846
Clearwater Customer Service3,458,540 1,038,443 910,886 127,557 12%- 3,458,540
TOTAL EXPENDITURES9,224,590 2,693,055 2,167,787 525,268 20%25,846 9,250,436
GARAGE FUND
GARAGE FUND REVENUES
Billings to Departments12,202,140 3,050,535 2,759,114 (291,421) -10%- 12,202,140
Non-Operating Revenue622,400 155,601 154,687 (914) -1%- 622,400
Transfers In - - - - n/a- -
Fund Reserves - - - - n/a- -
TOTAL REVENUES12,824,540 3,206,136 2,913,801 (292,335) -9%- 12,824,540
Garage Fund Expenditures
Fleet Maintenance 12,192,160 3,293,278 2,892,183 401,095 12%- 12,192,160
Radio Communications632,380 164,057 74,381 89,676 55%- 632,380
TOTAL EXPENDITURES12,824,540 3,457,335 2,966,564 490,771 14%- 12,824,540
INTERNAL SERVICE FUNDS
FIRST QUARTER REVIEW
For Three Month Period of October 1, 2009 - December 31, 2009
18
Attachment number 12
Page 1 of 2
2009/10FirstFirst 2009/10
AdoptedQuarterQuarterBudgetProposed1 Qtr Amended
BudgetProjectionActualVariance%AmendmentBudget
INTERNAL SERVICE FUNDS
FIRST QUARTER REVIEW
For Three Month Period of October 1, 2009 - December 31, 2009
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Billings to Departments18,037,560 4,509,390 5,213,170 703,780 16%- 18,037,560
Non-Operating Revenue940,000 207,500 295,028 87,528 42%- 940,000
Transfers In 183,760 150,761 11,250 (139,511) -93%4,625,000 4,808,760
Fund Reserves - - - - n/a170,000 170,000
TOTAL REVENUES19,161,320 4,867,651 5,519,448 651,797 13%4,795,000 23,956,320
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management423,770 126,277 118,064 8,213 7%13,000 436,770
Human Resources / Employee Benefits329,980 93,604 88,260 5,344 6%- 329,980
Non-Departmental17,454,620 4,363,656 3,679,432 684,224 16%157,000 17,611,620
TOTAL EXPENDITURES18,208,370 4,583,537 3,885,756 697,781 15%170,000 18,378,370
19
Attachment number 12
Page 2 of 2
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
First Quarter Summary
FY 2009/10
20
The amended 2009/10 Capital Improvement Program budget report is submitted for the City Council's First Quarter
review. The net proposed amendment is a budget decrease in the amount of $1,381,607. This review provides the
opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally
significant budget increases encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget increases to projects:
¾ System R & R Capitalized ± To record a budget increase in the amount of $75,894.53 in Contributions from
Developers revenues representing reimbursement from Majestic Point Condos.
¾ WWTP Headworks ± To record a budget increase in the amount of $20,464.19 of Other Governmental revenue
representing reimbursements from the City of Safety Harbor.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council
Budget Increase Approval
Surf Style Condominium Parking Unit 3,300,000 2/18/10
Expanded Energy Conservation 2,075,709 1/14/10
Alligator Creek Watershed Projects 200,000 10/22/09
Morningside Aquatic Center & Park Renovations 135,611 2/18/10
Attachment number 13
Page 1 of 1
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
Police Computer Network - CLOSE PROJECT
1316-91147(100,000)
To recorda budget transfer in theamount of $100,000.00 of
LeasePurchaserevenue to project316-94827,
Telecommunications Upgrade, and to close the project. (100,000)
Beach Walk
2315-92267(64,921)
To recorda budget decrease in theamount of $64,920.72 of
General Fund revenue and returnthefunds to theGeneral Fund
retainedearnings due to thecompletion of thisproject.This
project will be closed at mid year.
315-92267(13,568) *
To recorda budget decrease in theamount of $13,567.61 of
DevelopersContributions due to thecompletion of thisproject
under bid.
362-92267(397,507) *
To reversethirdquarter2008/09amendment#3 in theamount
of $397,506.98,of CentralInsurance Fund reserves.The original
agenda itemresulting in thatamendmentwasapproved by City
Council on August 6,2009,but wasmeant to only be reflected at
thefundlevel,and should not have been recorded as aproject
amendment.
376-92267 (30,490)
To recorda budget transfer in theamount of $30,490.00 of2009
Water&SewerBondproceeds to project376-96621,WWTP
New Presses. This is due to the completion of this project.(506,485)
East Avenue Trail
3315-92343(1,078,404) *
To recorda budget decrease in theamount of $1,078,404.00 of
FDOTGrantrevenue.Thisamendment will bringthe budget in
linewiththeactualbidamountforthisproject.Thiswas
approved by City Council on October 22, 2009.(1,078,404)
Seashell Parking Lot - CLOSE PROJECT
4315-92641(6,000,000)
To recorda budget transfer in theamount of $6,000,000.00 of
Parkingrevenue to project315-92649,SurfStyleCondominium
ParkingUnit.This will establishthe new project and closethe
SeashellParking Lot project.Thiswasapproved by CityCouncil
on February 18, 2010.(6,000,000)
Surf Style Condominium Parking Unit. NEW PROJECT
5315-926496,000,000
To recorda budget transfer in theamount of $6,000,000.00 of
Parkingrevenuefromproject315-92641,SeashellParkingLot.
This will establishthe new project and closetheSeashellParking
Lot project.Thiswasapproved by CityCouncil on February 18,
2010.
315-926493,300,000
To recorda budget increase in theamount of $3,300,000.00 of
Parkingrevenuefromretainedearnings.Thiswasapproved by
City Council on February 18, 2010.
315-92649100,000
To record an additional budget increase in theamount of
$100,000.00 of retainedearnings of theParking Fund,to provide
realtorservices in connectionwithobtainingpropertyforthe
beachparkinggarage.Thiswasapproved by CityCouncil on
January 14, 2010.9,400,000
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
21 * indicates budget amendment only
Attachment number 14
Page 1 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
Miscellaneous Engineering
6315-9282237,950
To recorda budget increase in theamount of $37,950.00 of
General Fund revenuewhichwasapproved by CityCouncil on
February 4,2010.The funding is fortheremoval of oldrailroad
turnstilelocated in ClearwaterHarborwest of theSeminole
Street Boat Ramp.37,950
Carpenter Field Infrastructure and Improvements
7315-9320325,000
To recorda budget transfer in theamount of $25,000.00 of
General Fund revenuefromproject315-94510,Air Conditioning
Replacements.Thisfunding will providefortheremodeling of the
baseballplayersrestrooms and showerfacilities and spectator
areas at CarpenterField.Thiswasapproved by CityCouncil on
December 17, 2009.
315-9320330,000
To recorda budget transfer in theamount of $30,000.00 of
General Fund revenuefromproject315-93205,Comm.Sports
ComplexInfraRepair&Improvements.Thisfunding will provide
fortheadditionalcosts due to significantbuildingcode
requirements and landfillsettlementproblems in thespectator
area at CarpenterField.Thiswasapproved by CityCouncil on
December 17, 2009.55,000
Comm. Sports Complex Infra Repair-Improvements
8315-93205(30,000)
To recorda budget transfer in theamount of $30,000.00 of
General Fund revenue to project315-93203,CarpenterField
Infrastructure and Improvements.Thisfunding will provideforthe
additionalcosts due to significantbuildingcoderequirements and
landfillsettlementproblems in thespectatorarea at Carpenter
Field. This was approved by City Council on December 17, 2009.
(30,000)
Playground & Fitness Purchase - Replacement
9315-93230(15,300)
To recorda budget transfer in theamount of $15,300.00 of
General Fund revenue to project315-93617,Morningside
AquaticCenter and ParkRenovation.Thiswasapproved by City
Council on February 18, 2010. (15,300)
National Guard Armory Renovations - CLOSE PROJECT
10 315-93248(2,815)
To recorda budget decrease in theamount of $2,814.76 of
Sales Tax Infra-PennyforPinellas,and returnthesefunds to
theSpecialDevelopment Fund.Thisproject is complete and will
be closed.(2,815)
Beach Library/Recreation Center Renovations
11 315-9326522,303
To recorda budget increase in theamount of $22,303.00 of
General Fund revenuerepresentingoperatingsavings in the
Parks and Recreationbudget.Thisfunding will cover
unanticipatedcostsfortherenovation of theBeachLibrary/
Recreation Center.22,303
22 * indicates budget amendment only
Attachment number 14
Page 2 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
Swimming Pool Repair and Replacement
12 315-93271(200,000)
To recorda budget transfer in theamount of $200,000.00 of
General Fund revenue to project315-93617,Morningside
AquaticCenter.Thiswasapproved by CityCouncil on February
18, 2010. (200,000)
Bayfront Promenade - CLOSE PROJECT
13 315-93402(48,105)
To recorda budget decrease in theamount of $48,105.08 of
General Fund revenue and returnthefunds to General Fund
retainedearnings due to thecompletion of thisproject.This will
close the Bayfront Promenade project.(48,105)
Downtown Boat Slips
14 315-93405(4,625,000)
To recorda budget decrease in theamount of $4,625,000.00 of
CentralInsurance Fund revenuethatwereadvanced to the
project,returningthesefunds to retainedearnings of theCentral
Insurance Fund.Thesefundshave nowbeen offsetwiththe
allocation of $4,125,000.00 of InfrastructureSales Tax and
$500,000 of CRA fundsthathave been allocated to thisproject in
the 2009/10 adopted budget.(4,625,000)
Dock Replacement & Repair
15 315-93429(20,000)
To recorda budget decrease in theamount of $20,000.00 of
Marina Funds revenue,to reducetheproject budgetand offset
operating budget deficits in the current fiscal year.(20,000)
Fuel System Replacement & Repair
16 315-93490(65,000)
To recorda budget decrease in theamount of $65,000.00 of
Marina Funds revenue,to reducetheproject budgetand offset
operating budget deficits in the current fiscal year.(65,000)
Marine Facility Dredging / Maintenance
17 315-93496(15,000)
To recorda budget decrease in theamount of $15,000.00 of
Marina Funds revenue,to reducetheproject budgetand offset
operating budget deficits in the current fiscal year.(15,000)
Lake Chautauqua Equestrian & Nature Preserve - CLOSE PROJECT
18 315-93601(13,052) *
To recorda budget decrease in theamount of $13,052.30 of
FloridaDepartment of CommunityAffairsgrantrevenue.This will
bringthe budget in linewiththeactualrevenuereceived.This
project is complete and will be closed.
315-93601(1,339)
To recorda budget decrease in theamount of $1,338.65 of
Recreation Land ImpactFees,and returnthefunds to the
SpecialDevelopment Fund.Thisproject is complete and will be
closed.(14,391)
23 * indicates budget amendment only
Attachment number 14
Page 3 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
Morningside Aquatic Center and Park Renovation - NEW PROJECT
19 315-93617135,611 *215,300
To establishtheproject budget in theamount of $350,911.00
as follows:1)To recorda budget transfer in theamount of
$200,000.00 of General Fund revenuefromproject315-93271,
SwimmingPoolRepair and Replacement.2)To recorda budget
transfer in theamount of $15,300.00 of General Fund revenue
fromproject315-93230,Playground&FitnessPurchase-
Replacement.3)To recorda budget increase in theamount of
$135,611.00 of FloridaRecreationDevelopmentAssistance
Programgrantrevenue.Thiswasapproved by CityCouncil on
February 18, 2010.350,911
Air Conditioner Replacement City Wide
20 315-94510(25,000)
To recorda budget transfer in theamount of $25,000.00 of
General Fund revenue to project315-93203,CarpenterField
InfraRepairs&Improvements.Thisfunding will provideforthe
remodeling of thebaseballplayersrestrooms and shower
facilities and spectatorareas at CarpenterField.Thiswas
approved by City Council on December 17, 2009.(25,000)
Telecommunications Upgrade
21 316-94827100,000
To recorda budget transfer in theamount of $100,000.00 of
LeasePurchaserevenue,fromproject316-91147,Police
Computer Network. 100,000
Station Square Park - CLOSE PROJECT
22 315-94848(31,014)
To recorda budget decrease in theamount of $31,013.90 of
Sales Tax Infra and returnthesefunds to Fund 142,due to the
completion of this project. This project will be closed.
315-94848(2,680)
To recorda budget transfer in theamount of $2,679.68 of
Stormwaterrevenue to project315-96124,StormPipeSystem
Improvement,due to thecompletion of thisproject.Thesetwo
amendments will close Station Square Park. (33,694)
Storm Pipe System Improvements
23 315-961242,680
To recorda budget transfer in theamount of $2,679.68 of
StormwaterUtilityrevenuefromproject315-94848,Station
Square Park. This will close the Station Square Park project.
315-961241,059
To recorda budget transfer in theamount of $1,059.37 of
StormwaterUtilityrevenuefromproject315-96141,Kapok
MobileHomePark.This will closetheprojectKapokFlood
Resolution.3,739
Kapok Flood Resolution - CLOSE PROJECT
24 315-96141(1,059)
To recorda budget transfer in theamount of $1,059.37 of
StormwaterUtilityrevenue to project315-96124,StormPipe
SystemImprovements.This will closetheKapokFlood
Resolution project. (1,059)
24 * indicates budget amendment only
Attachment number 14
Page 4 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
Alligator Creek Implementation Phase II - CLOSE PROJECT
25 315-96154(48,963) *
To recorda budget decrease in theamount of $48,962.88 of
SWFWMDGrantrevenue due to thecompletion of thisproject
under bid.
315-96154(566,490)
To recorda budget transfer in theamount of $566,489.66 of
StormwaterUtilityrevenue to project315-96173,AlligatorCreek
Watershedproject.Thesetwoamendments will closethe
Alligator Creek Implementation Phase II project. (615,453)
Alligator Creek Channel G Drain Improvement - CLOSE PROJECT
26 315-96167(24,852) *
To recorda budget decrease in theamount of $24,852.41 of
SWFWMDGrantrevenue due to thecompletion of thisproject
under bid. This project will be closed.
315-96167(114,744)
To recorda budget transfer in theamount of $80,831.49 of
StormwaterUtilityrevenue to project315-96168,StormSystem
Expansion and $33,913.00 of StormwaterUtilityrevenue to
project315-96171,AlligatorCreekChannelFDrainage.These
twoamendments will closeAlligatorCreekChannelGDrain
Improvement project.(139,597)
Storm System Expansion
27 315-9616880,831
To recorda budget transfer in theamount of $80,831.49 of
StormwaterUtilityrevenuefromproject315-96167,Alligator
CreekChannelGDrainageImprovements.AlligatorCreek
Channel G Drainage Improvements project will be closed.80,831
Stevenson Creek
28 315-96169(1,000,000) *
To recorda budget decrease in theamount of $1,000,000.00 of
SWFWMDGrantrevenue due to thecancellation of theTurner
Box Culvert project.(1,000,000)
Alligator Creek Channel F Drainage Improvement
29 315-9617133,913
To recorda budget transfer in theamount of $33,913.00 of
StormwaterUtilityrevenuefromproject315-96167,Alligator
CreekChannelGDrainageImprovements.This will closethat
project.33,913
25 * indicates budget amendment only
Attachment number 14
Page 5 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
Alligator Creek Watershed Projects
30 315-96173566,490
To recorda budget transfer in theamount of $566,489.66 of
StormwaterUtilityrevenuefromproject315-96154,Alligator
Creek Implementation Phase II, which will close that project.
315-96173200,000 *
To recorda budget increase in theamount of $200,000.00 of
SWFWMDGrantrevenue as approved by CityCouncil on
October 22,2009.Thisfunding will providefordigitaltopographic
information,watershedevaluation,revisedmodel andan
updated watershed management plan.766,490
Gas Main Extensions
31 315-96385100,000
To recorda budget increase in theamount of $100,000.00 of
General Fund revenue to perpetuatetheClearwater
NeighborhoodsExpansionProgram.Thisprogram will benefitthe
citizens by makingclean and economicalnatural gas available to
theirhomes.Thiswasapproved by theCityCouncil on January
14, 2010.100,000
Expanded Energy Conservation - NEW PROJECT
32 315-963862,075,709
To establishtheproject budget in theamount of $2,075,709.31
of Gasrevenue.The funding will enableClearwaterGasSystem
to accomplishthefollowingfourprograms.1)ResidentialSuper
S.A.V.E.,2)CommercialConversion,3)System-wide
NeighborhoodExpansion,and4)NaturalGasVehicleprogram.
This was approved by the City Council on January 14, 2010.
2,075,709
Bio-Solids Treatment
33 376-96611(445,000)
To recorda budget transfer in theamount of $445,000.00 of
2009 WaterSewerBondproceeds to project376-96624,Liquid
Disinfection.Thiswasapproved by CityCouncil on December
17, 2009.
376-96611(263,134)
To recorda budget transfer in theamount of $263,134.00 of
2009 WaterSewerBondproceeds to project376-96739,
ReclaimedWaterDistributionSystem.Thiswasapproved by City
Council on December 17, 2009.
376-96611(1,176,030)
To recorda budget transfer in theamount of $1,176,030.00 in
2009 WaterSewerBondproceeds to project376-96664,WPC
R&R. This will allow the oldest bond revenue to be spent first.
381-966111,176,030
To recorda budget transfer in theamount of $1,176,030.00 in
2011 WaterSewerBondproceedsfromproject381-96664,
WPC R&R.This will allowtheoldest bond revenue to be spent
first.(708,134)
WWTP Headworks
34 315-9662020,464 *
To recorda budget increase in theamount of $20,464.19 in
OtherGovernmentalrevenuerepresentingreimbursementsfrom
theCity of SafetyHarbor.This will bringcash in theproject in line
with the project budget for reimbursements.20,464
26 * indicates budget amendment only
Attachment number 14
Page 6 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
WWTP New Presses
35 376-9662130,490
To recorda budget transfer in theamount of $30,490.00 of2009
Water&SewerBondproceedsfromproject376-92267,Beach
Walk, due to completion of the project under bid.30,490
Liquid Disinfection
36 376-96624445,000
To recorda budget transfer in theamount of $445,000.00 of
2009 WaterSewerBondproceedsfromproject376-96611,Bio-
SolidsTreatment.Thisprojectincludestheremoval of the
existingchlorine gasand sulfurdioxide gas systems and
replacesthemwithpermanentliquidchlorinesolution and liquid
bisulfitesolutionsystems at boththeMarshallStreet and the
EastAPCF's.Thiswasapproved by CityCouncil on December
17, 2009. 445,000
WPC R&R
37 376-966641,176,030
To recorda budget transfer in theamount of $1,176,030.00 in
2009 Water&SewerBondproceedsfromproject376-96611,
Bio-SolidsTreatment.This will allowfortheoldest bond
proceeds to be utilized first.
381-96664(1,176,030)
To recorda budget transfer in theamount of $1,176,030.00 in
2011 Water&SewerBondproceeds to project381-96611,Bio-
SolidsTreatment.This will allowfortheoldest bond proceeds to
be utilized first.0
Sanitary Sewer R & R
38 376-96665(2,921,470)
To recorda budget transfer in theamount of $2,921,470.00 in
2009 Water&SewerBondproceeds to project376-96739,
ReclaimedWaterDistributionSystem.This will allowforthe
oldest bond proceeds to be utilized first.
381-966652,921,470
To recorda budget transfer in theamount of $2,921,470.00 in
2011 Water&SewerBondproceedsfromproject381-96739,
ReclaimedWaterDistributionSystem.This will allowforthe
oldest bond proceeds to be utilized first.0
27 * indicates budget amendment only
Attachment number 14
Page 7 of 8
Increase/
AmdmtProject(Decrease)Transfer Net Budget
#NumberAmountAmountDescriptionAmendment
CAPITAL IMPROVEMENT FUND
First Quarter Amendments
FY 2009/10
Reclaimed Water Distribution System
39 376-96739263,134
To recorda budget transfer in theamount of $263,134.00 of
2009 WaterSewerBondproceedsfromproject376-96611,Bio-
SolidsTreatment.Thisfunding is forsupplementalworkorderfor
additionalengineeringdesign and supportservicesduring
construction of theClearwaterGlenOaks/PalmettoReclaimed
WaterDistributionProject.Thiswasapproved by CityCouncil on
December 17, 2009.
376-967392,921,470
To recorda budget transfer in theamount of $2,921,470.00 in
2009 WaterSewerBondproceedsfromproject376-96665,
SanitarySewerR&R.This will allowfortheoldest bond
proceeds to be utilized first.
381-96739(2,921,470)
To recorda budget transfer in theamount of $2,921,470.00 in
2011 WaterSewerBondproceeds to project381-96665,
SanitarySewerR&R.This will allowfortheoldest bond
proceeds to be utilized first. 263,134
System R & R Capitalized
40 315-9674175,895 *
To recorda budget increase in theamount of $75,894.53 in
ContributionsfromDevelopersrevenuerepresenting
reimbursementfromMajesticPointCondos.This will bringcash
in the project in line with the project budget for reimbursements.
75,895
Reverse Osmosis Plant Expansion - Reservoir #1
41 376-967642,236,250
To recorda budget transfer in theamount of $2,236,250.00 in
2009 WaterSewerBondproceedsfromproject376-96767,
ReverseOsmosisPlant@Res #2.This will allowfortheoldest
bond proceeds to be utilized first.
381-96764(2,236,250)
To recorda budget transfer in theamount of $2,236,250.00 in
2011 WaterSewerBondproceeds to project381-96767,
ReverseOsmosisPlant@Res #2.This will allowfortheoldest
bond proceeds to be utilized first. 0
Reverse Osmosis Plant @ Res #2
42 376-96767(2,236,250)
To recorda budget transfer in theamount of $2,236,250.00 in
2009 WaterSewerBondproceeds to project379-96764,
ReverseOsmosisPlantExpansion-Reservoir #1.This will allow
for the oldest bond proceeds to be utilized first.
381-967672,236,250
To recorda budget transfer in theamount of $2,236,250.00 in
2011 WaterSewerBondproceedsfromproject381-96764,
ReverseOsmosisPlantExpansion-Reservoir #1.This will allow
for the oldest bond proceeds to be utilized first. 0
TOTALS(1,381,607) (0) (1,381,607)
28 * indicates budget amendment only
Attachment number 14
Page 8 of 8
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
BudgetRevisedProjectOpenAvailable Amend
Description10/1/09AmdmtsBudgetTo DateEncumbranBalance StatusRef
PUBLIC SAFETY
Police Protection
91147 Police Computer Network - II375,994 (100,000) 275,994 275,994 - 0 C1
91149 Police Homicide Vehicle150,000 150,000 - 150,000
Sub-Total525,994 (100,000) 425,994 275,994 - 150,000
Fire Protection
91218 Fire Engine Replacement450,000 450,000 436,380 13,620
91221 EMS Capital Equipment 1,052,316 1,052,316 1,031,480 20,836
91226 Vehicular Support505,509 505,509 451,087 - 54,422
91229 Replace & Upgrade Airpacks802,000 802,000 738,247 8,654 55,099
91236 Rescue Vehicle462,967 462,967 462,967 - -
91242 Fire Training Facility4,915,000 4,915,000 4,540,260 43,200 331,540
91252 Station 48 Renovation/Expansion651,500 651,500 349,505 199,130 102,865
91253 Main Station (Fire)3,000,000 3,000,000 143,421 3,256 2,853,323
91255 Exhaust Systems155,480 155,480 121,436 - 34,044
91256 Security Access Systems90,380 90,380 37,647 - 52,733
91257 AED Program60,500 60,500 35,585 24,915
91258 Ladder Truck Equipment150,000 150,000 93,597 - 56,403
91259 Radio Replacements201,500 201,500 84,630 116,870
91261 Personal Protection Equipment592,990 592,990 323,118 - 269,872
91264 Fire Hose Replacement50,000 50,000 22,277 - 27,723
Sub-Total13,140,142 - 13,140,142 8,871,637 254,240 4,014,265
TRANSPORTATION
New Street Construction
92146 Druid Road Improvements4,042,774 4,042,774 1,478,683 140,591 2,423,500
Sub-Total4,042,774 - 4,042,774 1,478,683 140,591 2,423,500
Major Street Maintenance
92259 Traffic Calming13,287,941 13,287,941 7,093,414 446,338 5,748,189
92267 Beach Walk31,939,877 (506,485) 31,433,392 31,433,337 55 2
92268 Bluff to Beach Guideway140,000 140,000 90,000 - 50,000
92270 Gulf to Bay / Highland Improvement1,500,000 1,500,000 25,874 - 1,474,126
92273 Streets and Sidewalks11,317,055 11,317,055 3,226,326 1,525,502 6,565,227
92274 Bridge Maintenance & Improvements1,749,820 1,749,820 191,158 2,000 1,556,662
92275 Downtown Streetscape- Phase II2,626,764 2,626,764 133,089 62,911 2,430,764
Sub-Total62,561,457 (506,485) 62,054,971 42,193,198 2,036,750 17,825,023
Sidewalks and Bike Trail
92339 New Sidewalks550,849 550,849 468,500 - 82,349
92342 Beach Connector Trail1,875,807 1,875,807 777,956 555,269 542,582
92343 East Avenue Trail1,392,000 (1,078,404) 313,596 - 313,596 0 3
Sub-Total3,818,656 (1,078,404) 2,740,252 1,246,456 868,865 624,932
Intersections
92551 City-Wide Intersection Improvement1,020,848 1,020,848 461,792 - 559,056
92552 Signal Renovation 1,155,698 1,155,698 1,068,536 87,162
92553 New Signal Installation 921,789 921,789 803,950 117,839
92558 Intersection Improvements-II2,706,910 2,706,910 1,374,791 28,100 1,304,019
Sub-Total5,805,245 - 5,805,245 3,709,069 28,100 2,068,076
Actual Expenditures
29
Attachment number 15
Page 1 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
BudgetRevisedProjectOpenAvailable Amend
Description10/1/09AmdmtsBudgetTo DateEncumbranBalance StatusRef
Actual Expenditures
Parking
92630 Parking Lot Resurfacing1,461,603 1,461,603 593,285 30,594 837,723
92632 Parking Garage Structure Repair1,468,432 1,468,432 704,951 - 763,481
92636 Parking Lot Improvement1,697,627 1,697,627 1,283,912 84,466 329,249
92641 Seashell Parking Lot6,000,000 (6,000,000) - - - - C4
92646 Station Square Parking1,300,000 1,300,000 1,262,965 - 37,035
92648 Beach Parking Garage8,252,065 8,252,065 8,252,065
92649 Surf Style Condominium Parking- 9,400,000 9,400,000 9,400,000 5
Sub-Total20,179,727 3,400,000 23,579,727 3,845,113 115,060 19,619,554
Miscellaneous Engineering
92820 Memorial Causeway Br Replace37,258,665 37,258,665 36,988,840 8,012 261,813
92822 Miscellaneous Engineering504,025 37,950 541,975 275,976 7,633 258,366 6
Sub-Total37,762,690 37,950 37,800,640 37,264,816 15,645 520,179
Park Development
93203 Carpenter Field-Infras Rep/Improve210,000 55,000 265,000 191,308 - 73,692 7
93204 Concrete Sidewalk & Pad Repair562,913 562,913 512,589 - 50,324
93205 Com Sprts Cmp Infr Rep/Improve455,822 (30,000) 425,822 325,376 100,446 8
93213 Park Amenity Purch & Rplcmnt869,942 869,942 778,869 91,073
93229 Tennis Court Resurfacing654,082 654,082 526,797 127,285
93230 Playgrd & Fitness Equip Purch-Repl 1,575,210 (15,300) 1,559,910 1,317,002 66,216 176,692 9
93246 Long Center Pool Project925,000 925,000 925,000 - C
93247 Fitness Equipment Replacement125,000 125,000 58,679 66,321
93248 National Guard Armory Renovation850,140 (2,815) 847,326 847,326 (0) C 10
93251 Morningside Rec Ctr Replacement3,135,000 3,135,000 42,745 9,635 3,082,620
93262 Fencing Replacement Program1,212,555 1,212,555 1,039,762 2,400 170,393
93263 Public Art Maintenance1,498 1,498 - 1,498
93264 Enterprise Road Dog Park468,949 468,949 451,425 17,120 404
93265 Beach Library/Rec Ctr Renovations814,873 22,303 837,176 805,537 4,000 27,639 11
93269 Light Replacement1,775,677 1,775,677 1,727,224 11,075 37,378
93271 Swimming Pool R&R474,401 (200,000) 274,401 243,633 750 30,018 12
93272 Bicycle Paths-Bridges2,450,000 2,450,000 1,112,025 30,985 1,306,990
93273 Restrooms on Clearwater Beach588,000 588,000 66,509 34,022 487,469
93277 Harborview Infra Rep/Impr635,451 635,451 384,613 2,041 248,797
93278 Long Center Infra Repairs419,104 419,104 368,995 42,047 8,062
93286 Parking Lot/Bike Path Rsr/Imprv456,943 456,943 362,379 2,490 92,074
93601 Lake Chaut Equest & Nat Preserve3,695,000 (14,391) 3,680,609 3,680,609 - C 18
93602 Sp Events Equip Rep & Rplcmnt90,000 90,000 47,304 - 42,696
93604 Brdwlks & Docks Rep & Rplcmnt195,000 195,000 47,475 - 147,525
93606 Carpenter Complex Clubhouse Ren3,200,000 3,200,000 2,936,058 233,382 30,560
93607 P&R Cust Mgmt & Fac Sch Sys60,000 60,000 38,357 21,643 - C
93608 Misc Minor Public Art13,553 13,553 2,125 304 11,124
93612 McMullen Tennis Complex400,000 400,000 6,691 - 393,309
93613 Clw. Country Club Repair & Renova50,000 50,000 - - 50,000
93614 Royalty Theater Acquisition2,650,000 2,650,000 2,542,659 - 107,341
93615 Aging Well Center2,229,720 2,229,720 65,656 678,738 1,485,326
93616 Joe DiMaggio Sports Comp Renova3,600,000 3,600,000 - - 3,600,000
93617 Morningside Aquatic Ctr & Pk Reno- 350,911 350,911 - - 350,911 19
Sub-Total34,843,833 165,708 35,009,541 21,454,727 1,156,848 12,397,966
30
Attachment number 15
Page 2 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
BudgetRevisedProjectOpenAvailable Amend
Description10/1/09AmdmtsBudgetTo DateEncumbranBalance StatusRef
Actual Expenditures
Marine Facilities
93402 Bayfront Promenade1,375,589 (48,105) 1,327,484 1,327,484 - C 13
93403 Beach Guard Facility Maint50,000 50,000 27,297 24,455 (1,752)
93405 Downtown Boat Slips17,147,893 (4,625,000) 12,522,893 7,440,145 4,325,274 757,474 14
93408 Bch Rec Ctr Boat Ramp Rplcmnt700,000 700,000 162,482 76,800 460,718
93410 Downtown Boat Slips Maintenance15,000 15,000 - - 15,000
93413 Utilities/Services Replace403,966 403,966 391,254 - 12,712
93429 Dock Replacement & Repair369,040 (20,000) 349,040 342,005 - 7,035 15
93490 Fuel System R&R134,792 (65,000) 69,792 60,098 - 9,694 16
93495 Dock Construction24,858 24,858 16,408 - 8,450
93496 Marine Fac Dredge/Maint576,781 (15,000) 561,781 551,448 - 10,333 17
93497 Docks & Seawalls686,085 686,085 327,711 190,142 168,232
93499 Pier 60/Sailing Center Maint166,952 166,952 153,307 13,645
Sub-Total21,650,956 (4,773,105) 16,877,851 10,799,639 4,616,671 1,461,541
Airpark
94817 Airpark Maint & Repair90,000 90,000 74,335 15,665
94846 FBO Bldg Improvements425,000 425,000 177,648 229,552 17,800
94858 Airpark Security Improvements166,799 166,799 108,788 - 58,011
Sub-Total 681,799 - 681,799 360,771 229,552 91,476
Libraries
93527 Books & Other Lib Mat - II4,698,981 4,698,981 3,915,534 4,360 779,087
Sub-Total4,698,981 - 4,698,981 3,915,534 4,360 779,087
Garage
94233 Motorized Equip-Cash II739,731 739,731 632,038 107,693
94234 Motorized Equip - LP II21,319,841 21,319,841 17,410,863 1,475,892 2,433,086
94238 Police Vehicles300,000 300,000 253,567 46,433
Sub-Total22,359,572 - 22,359,572 18,042,901 1,729,459 2,587,212
Building Maintenance
94510 Air Cond Replace-City Wide2,323,351 (25,000) 2,298,351 1,891,851 119 406,381 20
94512 Roof Repairs 602,635 602,635 457,805 - 144,830
94514 Roof Replacements 1,595,334 1,595,334 967,178 - 628,156
94517 Painting of Facilities844,380 844,380 364,969 - 479,411
94518 Fencing of Facilities164,811 164,811 121,400 - 43,411
94519 Flooring for Facilities890,872 890,872 667,588 - 223,284
94521 Elevator Refurbish/Modernization220,000 220,000 - - 220,000
94524 Long Center Major Infrst Imprvmts2,662,500 2,662,500 2,654,955 7,545
Sub-Total9,303,883 (25,000) 9,278,883 7,125,747 119 2,153,018
General Public City Buildings & Equipment
94620 New City Hall108,750 108,750 164 - 108,586
94624 Harborview Demolition950,000 950,000 70 - 949,930
Sub-Total1,058,750 - 1,058,750 234 - 1,058,516
31
Attachment number 15
Page 3 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
BudgetRevisedProjectOpenAvailable Amend
Description10/1/09AmdmtsBudgetTo DateEncumbranBalance StatusRef
Actual Expenditures
Miscellaneous
94729 City-wide Connect Infra1,706,478 1,706,478 1,366,105 38,775 301,598
94736 Geographic Information Sys1,052,726 1,052,726 906,556 21,000 125,170
94761 Poll Stor Tank Rem/Repl-Gen Fd433,658 433,658 244,249 189,409
94801 Tidemark Upgrade802,623 802,623 661,379 - 141,244
94803 Environmental Assmt & Clean-up803,664 803,664 312,361 - 491,303
94814 Network Infra & Server Upgr1,535,057 1,535,057 1,092,248 - 442,809
94820 HR Peoplesoft Upgrade450,000 450,000 75,420 - 374,580
94824 IT Disaster Recovery275,000 275,000 179,290 - 95,710
94827 Telecommunications Upgrade229,000 100,000 329,000 - - 329,000 21
94828 Financial Systems Upgrades526,628 526,628 111,661 2,493 412,474
94829 CIS Upgrades / Replacement597,376 597,376 172,646 - 424,730
94830 MS Licensing / Upgrades425,000 425,000 412,252 12,748
94833 Computer Monitors320,000 320,000 302,647 - 17,353
94839 Roadway & Traffic Asset Mgt420,000 420,000 - - 420,000
94842 MSB Pkg Lot Resurf/Imprvmts400,000 400,000 12,390 - 387,610
94848 Station Square Park519,620 (33,694) 485,926 485,926 (0) C 22
94850 Backfile Conversion of Records500,000 500,000 103,607 395,016 1,377
94857 Accela Permitting & Code Enforce50,000 50,000 - - 50,000
Sub-Total11,046,829 66,306 11,113,136 6,438,738 457,282 4,217,115
UTILITIES
Stormwater Utility
96124 Storm Pipe System Improvements7,844,651 3,739 7,848,390 6,461,605 108,386 1,278,399 23
96125 Town Lake7,610,847 7,610,847 7,513,171 73,076 24,600
96129 Stev Ck Estuary Restor6,037,055 6,037,055 4,769,059 - 1,267,996
96137 FDEP Compliance1,008,000 1,008,000 721,807 286,193
96141 Kapok Flood Resolution- (1,059) (1,059) (1,059) - C 24
96152 Lake Bellevue Stormwater Imp2,351,163 2,351,163 1,214,991 671,702 464,470
96154 Alligator Creek Implemt - II1,772,331 (615,453) 1,156,878 1,156,878 - C 25
96158 Transfer Yard Upgrade309,325 309,325 109,401 11,361 188,563
96164 Allen's Creek Improvement Projects499,250 499,250 1,375 - 497,875
96166 Spring Branch Enhancement Proj1,202,077 1,202,077 124,151 77,975 999,951
96167 Alligator Creek Chan G Drain Impr992,074 (139,597) 852,477 852,477 - C 26
96168 Stormwater System Expansion786,000 80,831 866,831 - - 866,831 27
96169 Stevenson Creek3,324,745 (1,000,000) 2,324,745 12,414 - 2,312,331 28
96170 Coastal Basin Projects6,134,079 6,134,079 1,192,274 65,138 4,876,667
96171 Alligator Creek Chan F Drain Impr1,792,274 33,913 1,826,187 62,726 1,356,062 407,399 29
96172 Vaccon Cleaner300,000 300,000 - - 300,000
96173 Alligator Creek Watershed Projects250,000 766,490 1,016,490 - 400,000 616,490 30
Sub-Total42,213,871 (871,136) 41,342,735 24,191,270 2,763,700 14,387,765
32
Attachment number 15
Page 4 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
BudgetRevisedProjectOpenAvailable Amend
Description10/1/09AmdmtsBudgetTo DateEncumbranBalance StatusRef
Actual Expenditures
Water System
96721 System R & R-Maintenance1,083,038 1,083,038 1,035,779 10,812 36,447
96739 Reclaimed Water Dist Sys58,781,651 263,134 59,044,785 40,524,993 11,403,375 7,116,417 39
96740 Water Supply/Treatment5,522,032 5,522,032 4,326,088 10,976 1,184,968
96741 System R & R-Capitalized8,800,901 75,895 8,876,796 7,966,457 910,339 40
96742 Line Relocation-Capitalized11,850,165 11,850,165 8,913,734 344,724 2,591,707
96743 Mtr Bkflow Prev Dev/Change4,699,182 4,699,182 2,073,796 2,625,386
96744 System Expansion2,749,673 2,749,673 1,440,359 4,423 1,304,891
96750 Well Rehabilitation- - (4,689) - 4,689
96752 Water Service Lines4,876,792 4,876,792 3,292,019 180,470 1,404,303
96757 Water Pick Up Trucks112,801 112,801 79,021 - 33,780
96758 Fluoride in Water System83,780 83,780 83,596 - 184
96760 Elevated Water Tanks Upgrade3,208,600 3,208,600 2,138,038 - 1,070,562
96761 Telemetry for Wells675,952 675,952 137,564 18,530 519,858
96763 Wellfield Expansion3,307,310 3,307,310 970,402 1,957,759 379,149
96764 RO Plant Exp Res #18,482,485 - 8,482,485 1,247,265 2,760,783 4,474,437 41
96766 Water Quality Monitoring Devices600,000 600,000 8,255 - 591,745
96767 RO Plant Exp Res #26,971,250 - 6,971,250 1,328,264 169,841 5,473,145 42
96768 Rebate Well, Lk, Pnd Irr Abandmt200,000 200,000 7,940 - 192,060
Sub-Total122,005,612 339,029 122,344,640 75,568,881 16,861,693 29,914,066
Sewer System
96202 WWTP Screw Pump Replacement1,149,860 1,149,860 33,249 101,720 1,014,891
96203 SCBA Equipment42,540 42,540 - - 42,540
96611 Bio-Solids Treatment10,711,918 (708,134) 10,003,784 7,663,046 6 2,340,732 33
96615 Odor Control820,182 820,182 663,355 - 156,827
96619 WWTP Generator Replacements5,019,731 - 5,019,731 1,440,896 1,247,088 2,331,747
96620 WWTP Headworks6,439,651 20,464 6,460,115 5,796,203 417,973 245,940 34
96621 WWTP New Presses1,778,786 30,490 1,809,276 205,905 13,167 1,590,204 35
96622 WWTP Aeration Imp3,897,000 3,897,000 2,485,586 1,379,332 32,082
96624 Liquid Disinfection1,038,310 445,000 1,483,310 160,090 1,310,838 12,382 36
96630 Sanitary Sewer Extention 5,115,894 5,115,894 1,007,976 77,495 4,030,423
96634 Sanitary Util Reloc Accmmdtn3,885,693 3,885,693 3,214,120 103,784 567,789
96645 Laboratory Upgrade & R&R1,016,259 1,016,259 806,565 209,694
96654 Facilities Upgrade & Improvement2,893,347 2,893,347 1,750,716 92,120 1,050,511
96664 WPC R & R12,343,510 - 12,343,510 10,589,977 34,219 1,719,314 37
96665 Sanitary Sewer R&R 28,452,385 - 28,452,385 15,139,868 426,895 12,885,622 38
96666 WWTP New Bypass & NE Pump2,010,400 2,010,400 40,350 54,636 1,915,414
96670 Poll Stor Tank Remov-WPC207,756 207,756 192,933 14,823
96686 Pump Station Replacement14,219,027 14,219,027 11,925,242 89,262 2,204,523
Sub-Total101,042,249 (212,180) 100,830,069 63,116,077 5,348,535 32,365,457
Gas System
96358 Environmental Remediation1,889,294 1,889,294 889,098 660 999,536
96365 Line Relocation-Pinellas Maint1,651,089 1,651,089 383,784 - 1,267,305
96367 Gas Meter Change Out-Pinellas1,340,000 1,340,000 153,077 - 1,186,923
96374 Line Relocation-Pinellas Capital2,836,983 2,836,983 1,593,748 40,475 1,202,760
96376 Line Relocation - Pasco Maint630,000 630,000 27,618 - 602,382
96377 Pinellas New Main / Service Lines14,351,957 14,351,957 11,585,470 23,407 2,743,080
96378 Pasco New Mains / Service Lines10,950,782 10,950,782 7,606,988 13,978 3,329,816
96379 Pasco Gas Meter Change Out820,000 820,000 5,474 - 814,526
96381 Line Reloc-Pasco-Capital755,000 755,000 954 - 754,046
96382 Gas Inventory - Work Mgmt Sys992,000 992,000 694,526 10,908 286,566
96384 Gas Building Renovation799,675 799,675 126,336 - 673,339
96385 Gas Main Extensions1,257,845 100,000 1,357,845 630,822 - 727,023 31
96386 Expanded Energy Conservation- 2,075,709 2,075,709 - - 2,075,709 32
Sub-Total38,274,625 2,175,709 40,450,334 23,697,894 89,428 16,663,012
33
Attachment number 15
Page 5 of 6
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
BudgetRevisedProjectOpenAvailable Amend
Description10/1/09AmdmtsBudgetTo DateEncumbranBalance StatusRef
Actual Expenditures
Solid Waste
96426 Facility R & R 1,476,752 1,476,752 1,223,637 19,210 233,905
96438 Vehicle Acquisition906,461 906,461 777,258 - 129,203
96440 Improvements to SW Complex208,785 208,785 92,574 - 116,211
96442 SW Vehicle Replacements1,359,769 1,359,769 544,815 297,398 517,556
96443 Res Container Acquisition-II861,741 861,741 533,055 75,904 252,782
96444 Comm Container Acquisition-II1,700,020 1,700,020 915,383 109,278 675,359
Sub-Total6,513,528 - 6,513,528 4,086,722 501,790 1,925,016
Utility Miscellaneous
96516 Citywide Aerial Photo155,533 155,533 150,283 - 5,250
96523 Pub Utilities Adm Bldg R&R287,054 287,054 198,063 - 88,991
Sub-Total442,587 - 442,587 348,346 - 94,241
Recycling
96804 Recycling Carts/Dumpsters671,925 671,925 367,935 303,990
96805 Recyc Expan/Prom/R&R987,923 987,923 675,582 - 312,341
96806 Recycling Equip Replacement2,631,437 2,631,437 1,705,914 155,941 769,582
Sub-Total4,291,285 - 4,291,285 2,749,431 155,941 1,385,913
TOTAL ALL PROJECTS568,265,042 (1,381,607) 566,883,435 360,781,877 37,374,628 168,726,929
34
Attachment number 15
Page 6 of 6
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
Planning
1 99857 244,000
ElectronicPlanSubmittal&Review-To
establisha$244,000.00 budget representing
EnergyBlockGrantfromthe US Department of
Energy in themaximumamount of
$1,075,400.00.Thegrant was dividedintofour
programs.Thisportion of thegrant will be used
to purchaseelectronic plan submittal and
reviewcomputerprogram to work in conjunction
with our permittingsoftware,upgrade our
internalcomputers and monitors to
accommodatethe new softwarerequirements
and purchasecomputerserversforstoring
electronicplans.Approved by CityCouncil
October 22, 2009.244,000
Planning
Total:244,0000 244,000
Public Safety Programs
2 99259 100,000
HispanicOutreachCenter-To establishthe
project and recorda budget increase of
$100,000.00 in grantrevenuefromFDLE,
approved by theCityCouncilFebruary 4,2010.
This will providefundingforPinellasCore
ManagementServices to continue to administer
Operation Apoyo Hispano.100,000
3 99260 6,625
RosettaStone-To establishtheproject and
recorda budget increase of $6,625.00 in grant
revenuefromFDLE.Approved by theCity
CouncilFebruary 4,2010.This will provide
funding to purchase anonline subscriptionthat
will giveusersaccess to theRosettaStone
courseware.6,625
4 99264 9,070
SchoolResourceOfficers -To recorda
budget increase of $9,070.12 in revenuefrom
thePinellasCountySchoolBoard.This
representsreimbursementsreceivedfor
overtime worked at school functions.9,070
35
Attachment number 16
Page 1 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
5 99269 (9,415)(1,124)
AmeriCorps 2008 -To recorda budget
decrease of $9,415.07 in OtherStateGrant
revenue and a budget transfer of $1,124.24 in
Fines&Forfeiturerevenue to 181-99331,
Special Law EnforcementTrustFund.This will
returntherevenue to theproject it originally
camefrom.Theproject is finished and can be
closed.(10,539)
6 99277 50,000
ClearwaterHumanTrafficking -To recorda
budget increase of $50,000.00 in grantrevenue
fromDepartment of Justice/Bureau of Justice
Assistance(DOJ/BJA).This was approved by
theCityCouncil on October 1,2009 to fundthe
continuation of thisprojectforaone-year
period.Originallythisfunding was to be
accountedfor in aseparateproject,181-99267.
However,we havesincereceivedinstruction
fromDOJ/BJAthatthisfundingmust be
accounted for in the original project.50,000
7 99279155
PoliceRecruitments-To recorda budget
increase of $155.00 in reimbursementrevenue.
Thisrepresentsactualreimbursements
received.155
8 99281 4,001
FederalForfeiture-Treasury-To recorda
budget increase of $4,001.02 in revenuefrom
theDepartment of Justice.This will recognize
actual revenue already received.4,001
9 99286 (1,619)
COPS 2004 Technology -To recorda budget
decrease of $1,619.00 in grantrevenuefrom
the US Department of Justice.Theproject is
complete andno additionalgrantfunding is
required.(1,619)
10 99299725
JusticeAssistanceGrant-To recorda budget
increase of $725.11 in interestearnings.This
representsinterestearned in thepriorfiscal
year.Theproject is complete and can be
closed.725
36
Attachment number 16
Page 2 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
1199310 2,525
K-9Equipment-To recorda budget increase
of $2,525.00 in donationrevenue.This
representsactualdonationsreceivedfrom
citizens and the Clearwater Kennel Club.2,525
1299317 12,013
PoliceEducation Fund -To recorda budget
increase of $12,012.53 in PoliceEducationFine
revenue.Thisreflectsactualrevenuereceived
and will bringthe budget inline withtheactual
revenue received .12,013
1399325 5,000
CitizensPoliceAcademy-To recorda budget
transfer of $5,000.00 in Fines&Forfeiture
revenuefromproject181-99356,Safe
Neighborhood Program.This will provide
continuousfunding to supporttheCitizens
Police Academy program.5,000
1499329 50,196
InvestigativeCostRecovery-To recorda
budget increase of $50,196.16 in Fines,
Forfeitures&Penaltiesrevenue.Thisreflects
actualrevenuereceived and will bringthe
budget in line with actual revenue received.50,196
1599330 226,359(100,000)
FloridaContrabandForfeiture Fund -To
recorda budget increase of $226,358.82 in
Fines,Forfeitures&Penaltiesrevenue.This
reflectsactualrevenuereceived and will bring
the budget in line with actual revenue received.
To recorda budget transfer of $100,000 in
Fines,Forfeitures&Penaltiesrevenue to 181-
99331, Special Law Enforcement Trust Fund. 126,359
37
Attachment number 16
Page 3 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
1699331 101,124
SpecialLawEnforcementTrust Fund -To
recorda budget transfer of $1,124.24 in Fines,
Forfeitures&Penaltiesrevenuefrom 181-
99269,AmeriCorps 2008.Thisrepresentsthe
return of unspentfundsprovidedforagrant
match.To recorda budget transfer of
$100,000.00 in Fines,Forfeitures&Penalties
revenuefrom181-99330,FloridaContraband
Forfeiture Fund.101,124
1799350 16,290
VehicleReplacement-To recorda budget
transfer of $16,290.00 in PoliceServices
revenuefrom181-99908,ExtraDutyProgram.
Thisrepresentsrevenuecollectedforthe
previoustwoquarters(JulythruSeptember
2009and OctoberthruDecember 2009)for
vehicle usage on extra duty jobs.16,290
1899356 16,407
SafeNeighborhoodProgram-To recorda
transfer of $5,000.00 in Fines,Forfeitures&
Penaltiesrevenue to 181-99325,CitizensPolice
Academy to providecontinuedfundingthe
CitizensAcademyprogram.To recorda budget
transfer of $21,406.56 in Fines,Forfeitures&
Penaltiesrevenuefrom181-99947,Safe
Neighborhood TV Specialist.The TV Specialist
position hasbeen eliminatedfromthe budget
and does not need to be funded.16,407
1999387 65,546
FederalForfeitureSharing -To recorda
budget increase of $65,545.75 inUS
Department of Justicerevenue.Thisreflects
actualrevenuereceived and will bringthe
budget in line with actual revenue in the project.65,546
2099947 (21,407)
SafeNeighborhood TV Specialist -To record
a budget transfer of $21,406.56 in Fines&
Forfeiturerevenue to 181-99356,Safe
Neighborhood Program.The TV Specialist
position hasbeen eliminated in the budgetand
no longer needs to be funded.(21,407)
Public Safety Program
Totals:516,18016,290 532,470
38
Attachment number 16
Page 4 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
Community Development Programs
2199621 (118)
EconomicDevelopment 2009 -To recorda
$117.83 budget transfer to 181-99263Program
Administration 2009,for 2009 Economic
Development Program delivery costs.(118)
2299622 (5,096)
HousingRehab 2009 -To recorda$5,095.67
budget transfer to 181-99623Program
Administration 2009,for 2009 Rehab program
delivery costs.(5,096)
2399623 5,214
ProgramAdministration 2009 -To recorda
$5,213.50 budget transferfrom181-99622
Housing Rehab 2009and 181-99621Economic
Development 2009,for 2009 Programdelivery
costsassociatedwith Rehab and Economic
Development.5,214
2499632 140,000
HousingRehab 2010 -To recorda
$140,000.00 budget transferfrom181-99635,
Relocation/Demolition 2010 to recordfiscalyear
2009/2010 Rehab Programdelivery per
consolidated action plan.140,000
2599635 (140,000)
Relocation/Demolition 2010 -To recorda
$140,000.00 budget transfer to 181-99632,
Housing Rehab 2010 to recordfiscalyear
2009/2010 Rehab programdelivery per
consolidated action plan.(140,000)
Community Development:
Total:00 0
Social Services Program
2699538 15,540
AffordableHousingImpactFees-To record
a budget increase of $15,540.15 in interest
earnings to matchbudgetedrevenueswith
actual revenues received.15,540
Social Services Program
Total:15,5400 15,540
39
Attachment number 16
Page 5 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
Marine Program
2799704 17,181
SemblerMitigationProject -To recorda
budget increase of $17,180.78 in interest
earnings to matchbudgetedrevenueswith
actual revenues received.17,181
2899707 2,500
Beach GuardDonations -To recorda budget
increase of $2,500.00 in donations to match
budgetedrevenueswithactualrevenues
received.2,500
Marine Program
Totals:19,6810 19,681
Miscellaneous Programs:
2999834 (8,309)
NeighborhoodServicesGrants-To recorda
budget decrease in theamount of $8,309.23 of
GeneralFundrevenue and returnthefunds to
GeneralFundretainedearnings due to the
elimination of thisprogram.This will closethe
project. (8,309)
3099851 437,599
SpecialEvents YR 07-08-To recorda
$437,598.70 budget increaserepresenting;
$214,918.90 in Sales,$66,961.67 in
Sponsorships,$18,875.00 in Memberships and
Registrations,$939.00 in Donations,
$41,381.38 in Rentals,$94,476.96 in
Reimbursements and $45.79 in Vending
MachineCommission to matchbudgeted
revenue with actual revenue received.437,599
3199856 18,000
LEEDTraining&Certification-To establish
an $18,000.00 budget representing an Energy
BlockGrantfromthe US Department of Energy
in themaximumamount of $1,075,400.00.The
grant was dividedintofourprograms.This
program will be used to purchasevarious
trainingmaterialssuch as CD's,web classes,
books;enrollstaffmembers in classesoffered
by variousoriginationsfocusing on theLEED
Program andpay forcertificationtestsforstaff.
Approved by City Council October 22, 2009.18,000
40
Attachment number 16
Page 6 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
3299858 350,000
ClearwaterEnergyEfficiencyConservation
andMobilityStrategies-To establisha
$350,000.00 budget representingEnergyBlock
Grantfromthe US Department of Energy in the
maximumamount of $1,075,400.00.Thegrant
was dividedintofourprograms.Thisportion of
thegrant is atwopart planning projectthat
consists of research,dataanalysis,policy
development and implementationrelated to
energyefficiency,conservation and energy
usage.350,000
3399859 463,400
EnergyEfficiencyRetrofit in CityFacilities-
To establisha$463,400.00 budget representing
EnergyBlockGrantfromthe US Department of
Energy in themaximumamount of
$1,075,400.00.Thegrant was dividedintofour
programs.Thisportion of thegrant will be for
an EnergyEfficiencyproject to providefora
variety of efficiencyimprovements in alarge
number of cityfacilities in City Hall,Gas
Administration,Long Center,GardenAve
garage,GeneralServices,and Countryside
PoliceDepartmentApproved by CityCouncil
October 22, 2009.463,400
3499861 50,000
Gas GIS Upgrade-To establisha$50,000.00
technicalassistancegrantfromtheDepartment
of Transportation/Pipeline and Hazardous
MaterialsSafetyAdministration to perform
upgrades to our Geographic Information System
(GIS).Theseupgradesincludescanning and
digitizing ofourold microfilmedservice line
cards.Approved by CityCouncilOctober 22,
2009.50,000
41
Attachment number 16
Page 7 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
3599871 1,224
StateBrownfieldRedevelopment- To record
a budget increase of $1,224.38 in interest
revenue to matchbudgetedrevenueswith
actual revenues received. 1,224
3699872 100,369
CoordinatedChild Care -RossNorton -To
establisha$100,369.00 budget representing
fundsfromCoordinated Child Care to fundteen
programs.Theprogram was developed to
nurtureteenagers at theClearwater
neighborhoods in whichteens need themost
directions.Approved by CityCouncilOctober
1, 2009.100,369
3799873 100,369
CoordinatedChild Care -NorthGreenwood-
To establisha$100,369.00 budget representing
fundsfromCoordinated Child Care to fundteen
programs.Theprogram was developed to
nurtureteenagers at theClearwater
neighborhoods in whichteens need themost
directions.Approved by CityCouncilOctober
1, 2009.100,369
3899889 5
TeenClub-To recorda budget increase of
$5.00 in Donationsrevenue to matchbudgeted
revenues with actual revenues received.5
3999898 1,700
FireDepartmentHonorGuard-To recorda
budget increase of $1,700.00 in Donations
revenue to matchbudgetedrevenueswith
actual revenues received.1,700
4099908 250,490(16,290)
PoliceExtraDutyProgram -To recorda
budget increase of $250,490.00 in Police
Servicesrevenue,to reflectactualrevenue
collectedforextradutyjobs.
To recorda budget transfer of $16,290.00 in
PoliceServicesrevenue to project181-99350,
Vehicle Replacement.234,200
42
Attachment number 16
Page 8 of 9
Special Program Fund
First Quarter
Budget Amendments
October 1, 2009 - December 31, 2009
Increase/
AmdmtProject (Decrease)Intrafund Net Budget
NumberNumberAmountTransfer Amount DescriptionAmendment
4199910 1,778
LibrarySpecialAccount-To recorda budget
increase of $1,778.49 in donationsrevenue to
matchbudgetedrevenueswithactualrevenues
received.1,778
4299962 4,280
Park&RecreationSpecified&GiftProgram-
To recorda budget increase of $4,279.59 in
donationrevenue to matchbudgetedrevenues
with actual revenue received.4,280
4399970 103,248
TreeReplacementProgram-To record
$103,248.00 budget increase in fines,
forfeitures&penalties to matchbudgeted
revenues with actual revenues received.103,248
4499998100
SafetyVillage-To recorda budget increase of
$100.00 in donationrevenue to matchbudgeted
revenues with actual revenue received.100
Miscellaneous Programs
Total:1,874,253(16,290)1,857,963
Grand
Total:2,669,654(0)2,669,654
43
Attachment number 16
Page 9 of 9
SPECIAL PROGRAM STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
Actual Expenditures
BudgetRevisedProjectOpenAvailableAmend
Description10/1/2009AmdmtBudgetTo DateEncumbrBalanceStatusRef
PLANNING PROGRAMS
99128 Countrywide Consistency Grant45,050045,05033,910011,140
99141 Historic District Evaluation40,000040,00029,977010,023
99142 Design Review10,000010,0000010,000
99143 Enclave Annexation15,000015,0000015,000
99144 Boos Development Mitigation250,0000250,00051,14930,043168,808
99857 Stimulus - Electronic Plan Submittal & Rev 0244,000244,000112,000132,0001
Sub-Total360,050244,000604,050227,03630,043346,971
PUBLIC SAFETY PROGRAMS
99259 Hispanic Outreach Center0100,000100,00000100,0002
99260 Rosetta Stone 06,6256,625006,6253
99261 Americorps Clearwater 2010209,1230209,12300209,123
99262 Investigative Cost Recovery Officers564,9800564,980169,6220395,358
99263 Buffer Zone Protection Prog II192,4610192,461191,566 0 895
99264 School Resource Officers262,6429,070271,71292,1030179,6094
99265 AmeriCorp Clearwater 2009207,0060207,006199,27307,733
99268 Human Trafficking Immersion Training99,730099,73050,8752,05046,805
99269 AmeriCorps Clearwater 2008194,242(10,539)183,703183,7030(0)5
99274 Homeless Shelter 07473,1710473,171473,17100
99275 Bulletproof Vest Pasrtnership '0635,801035,8016,241029,560
99277 Clearwater Human Trafficking450,00050,000500,000334,4000165,6006
99279 Police Recruitments50,000 155 50,15537,875012,2807
99281 Fed Forfeitures - Treasury139,3294,001143,33020,8710122,4598
99282 COPS Technology 2005246,6610246,661246,66100 C
99286 COPS 2004 Technology692,634(1,619)691,015691,01500 C 9
99290 Traffic Safety Fund1,84101,8411,5170 324
99299 Justice Assistance Grant75,380 725 76,10576,10500 C 10
99310 K-9 Equipment28,7582,52531,28328,48502,798 11
99316 Police Volunteers115,4210115,42195,313020,108
99317 Police Education Fund1,065,48712,0131,077,500953,3280 124,172 12
99325 Citizen's Police Academy34,1135,00039,11330,35608,757 13
99329 Investigative Recovery Costs1,271,53550,1961,321,7311,201,3150120,416 14
99330 FL Contraband Forfeiture Fnd528,159126,359654,518550,7950103,723 15
99331 Law Enforcement Trust Fd 2,541,073101,1242,642,1972,472,3530169,844 16
99350 Vehicle Replacement Fund113,75116,290130,04100130,041 17
99353 DUI Education Program3,00003,0001,42001,580
99356 Safe Neighborhood Program669,48516,407685,892198,4170487,475 18
99363 DUI Equipment Fund19,000019,00018,8890 111
99364 Crime Prevention Program23,095023,09518,13004,965
99387 Federal Forfeiture Sharing890,82265,546956,368589,8816,264360,223 19
99947 Safe Neighborhood TV Specialist588,647(21,407)567,240 567,24100 C 20
Sub-Total11,787,347532,47012,319,8179,500,9218,3142,810,583
COMMUNITY DEVELOPMENT
99421 Housing Consulting Service115,0000115,00049,334065,666
99612 Public Facilities 2008373,9180373,918135,2010238,717
99613 Economic Development34,233034,23334,23300
99614 Housing Rehab 200887,387087,38787,38700
99615 Program Administration 2008177,6910177,691165,674012,017
99617 Relocation/Demolition '08191,6700191,67099,254092,416
99618 Infill Housing 20081,583,24401,583,2441,190,3590392,885
99619 Public Services 2009177,0620177,062109,42848,63219,002
99620 Piblic Facilities 2009330,6990330,699140,62862,048128,023
99621 Economic Development 200930,000(118)29,88228,28601,596 21
99622 Housing Rehab 2009311,913(5,096)306,817121,0910185,726 22
99623 Program Administration 2009155,9585,214161,172161,17101 23
44
Attachment number 17
Page 1 of 3
SPECIAL PROGRAM STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
Actual Expenditures
BudgetRevisedProjectOpenAvailableAmend
Description10/1/2009AmdmtBudgetTo DateEncumbrBalanceStatusRef
99624 Fair Housing 200929,284029,28429,28400
99625 Relocation/Demolition 200940,670040,6700040,670
99626 Infill Housing 2009131,7420131,74230,0000101,742
99627 CDBG-R East Gateway Façade Imprmt80,000080,0000080,000
99628 CDBG-R East Gateway Sidewalk Imprmt146,3950146,395038,228108,167
99629 CDBG-R Program Administration25,154025,1540025,154
99630 Public Facilities 2010195,7100195,7100195,7100
99631 Economic Development 201010,000010,0000010,000
99632 Housing Rehab 2010185,921140,000325,92133,0220292,899 24
99633 Program Administration 2010186,5620186,56244,1980142,364
99634 Fair Housing 201029,984029,9844,42425,5590
99635 Relocation/Demolition 2010140,000(140,000)0000 25
99636 Infill Housing 201035,000035,00011,972023,028
99637 Public Services 2010149,6320149,6321,645140,9877,000
Sub-Total4,954,82904,954,8282,476,591511,1641,967,073
SOCIAL SERVICES
99532 Mt Carmel (non-HUD)248,671248,671209,43639,235
99538 Affordable Housing Imp Fees343,74015,540359,280132,2360227,044 26
99562 HUD Special Education30,000030,00026,20003,800
Sub-Total622,41115,540637,951367,8720270,079
MARINE
99704 Sembler Mitigation Project635,21717,181652,398133,2600519,138 27
99707 Beach Guard Donations80,0832,50082,58360,397022,186 28
Sub-Total715,30019,681734,981193,6570541,324
MISCELLANEOUS PROGRAMS
99802 Brownfield Revolving Loan1,200,00001,200,000224,147 0975,853
99804 City Manager's Flexibility Fund971,2380971,238684,7110286,527
99822 JWB-Norton Teen 2001332,8880332,888310,392022,496
99834 Neighborhood Svces Grants175,000(8,309)166,691166,691 00 C 29
99835 JWB Programmer N. Greenwood339,7800339,780308,332031,448
99844 United Way 6,08006,0805,3460 734
99846 Economic Development - QTI76,960076,96048,366028,594
99847 JWB - Wood Valley Teens136,2720136,272132,93903,333
99851 Special Events FY07-083,818,783437,5994,256,3824,081,46737,500137,415 30
99854 Brownfield EPA Assessment400,0000400,000294,33421,69183,975
99855 EPA Brownfield Recovery Assessment400,0000400,00000400,000
99856 Stimulus - LEED Training Certification018,00018,00018,000 31
99858 Stimulus - Clearwater Energy Strategies0350,000350,000350,000 32
99859 Stimulus - Energy Effiiciency Retrofit0463,400463,400463,400 33
99861 Gas GIS Upgrade 050,00050,00050,000 34
99870 Drive Cam Driver15,000015,00014,9000 100
99871 State Brownfields Redevelopment Acct159,7051,224160,929106,478054,451 35
99872 Coordinated Child Care - Ross Norton0100,369100,36913,00187,368 36
99873 Coordinated Child Care -No. Greenwood0100,369100,36916,31984,050 37
99874 Reitrement Incentive Program2,600,00002,600,0001,945,0090654,991
99875 Public Art Donations27,500027,50026,3041,1960
99876 Florida Bar Student Internship2,40002,4002,2330 167
99877 Bldg Code Enforcement Surplus000000
99886 JWB - N. Greenwood Camp 200882,430082,43077,23705,193
99889 Teen Club 4,18054,1853,13201,053 38
99890 Cultural Art Fund13,081013,0818,65004,431
99898 Fire Dept Honor Guard15,2791,70016,97912,58704,392 39
99899 GASB 34 Implementation238,0000238,00080,3380157,662
45
Attachment number 17
Page 2 of 3
SPECIAL PROGRAM STATUS SUMMARY
FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009
Actual Expenditures
BudgetRevisedProjectOpenAvailableAmend
Description10/1/2009AmdmtBudgetTo DateEncumbrBalanceStatusRef
99908 Police - Outside Duty4,669,224234,2004,903,4244,949,1740(45,750)40
99910 Library Special Account624,1691,778625,947513,2810112,666 41
99925 Peg Access Support799,2610799,261717,233082,028
99927 Emergency Operation5,125,80705,125,8072,911,2165,000 2,209,591
99928 Nagano Sister City Program78,329078,32974,37203,957
99950 IDB Fees 54,131054,13132,830021,301
99962 Parks & Rec Gift Giving Pgm1,351,3564,2801,355,6361,339,503016,133 42
99966 Integrated Disability Mgmt Assmnt & Impl 80,000080,00040,000040,000
99970 Tree Replacement Project932,470103,2481,035,718614,2780421,440 43
99982 EMS Incentive/Recognition69,700069,70041,088028,612
99983 Local Mitigation Strategy50,000050,00045,74404,256
99997 Main Library Field Trust115,5710115,57100115,571
99998 Safety Village 28,666 100 28,76621,71607,050 44
Sub-Total24,993,2601,857,96326,851,22319,863,34865,3876,922,488
TOTAL ALL PROJECTS43,433,1972,669,65446,102,85132,629,425614,90812,858,518
46
Attachment number 17
Page 3 of 3
City of Clearwater
SPECIAL DEVELOPMENT FUND
First Quarter
FY 2009/10
Increase/
(Decrease)Description
Revenues
Transfer-In from Capital Improvement Fund1,339
Firstquarteramendmentsreflectthereturn of
$1,338.65 in OpenSpaceImpactFeesfromclosed
project315-93601,LakeChautauquaEquestrian and
Nature Preserve.
1,339$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund(33,829)
Firstquarteramendmentsreflectreturn of fundingfrom
thefollowingclosedprojectsreducing budget transfers
to theCapitalImprovementFund:1)Project315-94848,
StationSquarePark is closedreturning$31,013.90 of
SalesTaxInfrastructurerevenues to theSpecial
Developmentfund;and2)Project315-93248,National
GuardArmoryRenovations is closedreturning
$2,814.76 of SalesTaxInfrastructurerevenues to the
Special Development fund.
(33,829)$ Net Expenditure Amendments
47
Attachment number 18
Page 1 of 1
SPECIAL REVENUE FUNDS
First Quarter: October 1, 2009 - December 31, 2009
OriginalFirst Quarter
BudgetAmended Budget
2009/102009/10Amendments
Revenues:
Ad Valorem Taxes 2,090,6702,090,670
Infrastructure Tax 10,167,77010,167,770
Interest Earnings 800,000800,000
Open Space Fees 50,00050,000
Recreation Facility Impact Fees20,00020,000
Recreation Land Impact Fees50,00050,000
Transportation Impact 250,000250,000
Local Option Gas Tax1,340,0001,340,000
Allocation of Designated Reserves420,000420,000
Allocation of Undesignated Reserves950,000950,000
Transfer-In from Capital Improvement Plan01,3391,339
16,138,44016,139,7791,339
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 2,090,6702,090,670
Infrastructure Tax 6,225,0006,191,171(33,829)
Recreation Facility Land Fees 00
Open Space Impact Fees 00
Transportation Impact fees 290,000290,000
Local Option Gas Tax 1,720,0001,720,000
Undesignated Special Development950,000950,000
Debt Service on Penny for Pinellas Bonds1,147,4601,147,460
12,423,13012,389,301(33,829)
SPECIAL DEVELOPMENT FUND
48
Attachment number 19
Page 1 of 2
SPECIAL REVENUE FUNDS
First Quarter: October 1, 2009 - December 31, 2009
OriginalFirst Quarter
BudgetAmended Budget
2009/102009/10Amendments
Revenues:
CDBG/Home Funds 1,521,8301,521,830
Interest Earnings 300,000334,67034,670
Grant Funds 01,270,9911,270,991
Other Governmental Revenue 0209,808209,808
Police Fines and Court Proceeds0461,362461,362
Donations 013,82713,827
Sales 0214,965214,965
Rentals 041,38141,381
Sponsorships 066,96266,962
Downtown Development Board00
Memberships/Registrations 018,87518,875
Contractual Services 0345,122345,122
Transfers from General Fund 00
Sister City Program 3,0003,000
City Manager's Flexibility Fund100,000100,000
Special Events 70,00070,000
Qualified Tax Incentive 4,6004,600
Homeless Shelter Program100,000100,000
Neighborhood Services Grants0(8,309)(8,309)
2,099,4304,769,0842,669,654
Expenditures:
CDBG/Home Funds 1,521,8301,521,830
Planning 0244,000244,000
Public Safety 0532,470532,470
Social Services 015,54015,540
Marine 019,68119,681
Sister City Program 3,0003,000
City Manager's Flexibility Fund100,000100,000
Special Event Funding 70,00070,000
Qualified Tax Incentive 4,6004,600
Homeless Shelter Program100,000100,000
Other Miscellaneous Programs01,857,9631,857,963
1,799,4304,469,0842,669,654
Revenues:
SHIP Funds 97,33097,3300
Expenditures:
SHIP Program 97,33097,330
97,33097,3300
SPECIAL PROGRAM FUND
LOCAL HOUSING ASSISTANCE TRUST FUND
49
Attachment number 19
Page 2 of 2
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
First Quarter Review
FY 2009 / 10
50
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based on the code
specified criteria:
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in any one change or
cumulatively for the same project.
*****
09/08/09 Administrative Change Order #2 and Final ± Reservoir No. 2 ± Test Production &
Monitoring Well Project (06-0055-UT). This change order is for the purpose of
adjusting line item quantities in order to close out the contract, resulting in an
overall decrease to the final contract amount.
Thompson Well and Pump, Inc. (71,285.28)
09/10/09 Administrative Change Order #3 and Final ± Reservoir No.1 & 3 (08-0031-UT).
This change order is for the purpose of decreasing the contingency and closing out
the contract
Gulf Coast Contracting, LLC. (10,440.00)
09/10/09 Administrative Change Order #1 ± So. Gulfview Blvd. Reconstruction Contract
(07-0060-EN). This change order is for the purpose of adding polywrap for all
water line distribution piping in the project resulting in an increase to the contract
amount.
R.E. Purcell, Inc. 4,623.76
09/25/09 Administrative Change Order #2 ± So. Gulfview Blvd. Reconstruction Contract
(07-0060-EN). This change order is for the purpose of adding materials for the
installation of conduit for the City Traffic Department and Bright House, resulting
in an increase to the contract amount.
R.E. Purcell, Inc. 14,924.30
10/01/09 Administrative Change Order #1 ± Skycrest Neighborhood Traffic Calming
Project (03-0097-EN). This change order is for the purpose of increasing items
due to overruns, decreasing unused items, and adding new items resulting in an
increase to the contract amount. This change order adds a time extension of
thirty-one (31) days to the contract.
Semper Fi Services, LLC 182,457.65
10/29/09 Administrative Change Order #2 ± Lake Bellevue Branch 6A Stormwater
Management Project (03-0030-EN). This change order is needed to provide for
the replacement of water line due to the age and condition of existing water line in
that area, resulting in an increase to the contract amount.
Caladesi Construction Company 5,260.00
Attachment number 20
Page 1 of 2
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
First Quarter Review
FY 2009 / 10
51
11/24/09 Administrative Change Order #3 ± So. Gulfview Blvd. Reconstruction Contract
(07-0060-EN). This change order is for the purpose of decreasing unused items
and adding items for unforeseen field conditions resulting in an increase to the
contract amount.
R.E. Purcell, Inc. 58,958.54
12/07/09 Administrative Change Order #1 and Final ± Headworks Screening and Grit
Removal Improvements for the Northeast, Marshall Street, and East Advanced
Pollution Control Facilities (05-0063-UT). This change order is for the purpose
of adjusting quantities and reduces the contract by owner direct purchases
resulting in a decrease to the contract amount.
TLC Diversified, Inc. (2,737,614.40)
02/03/10 Administrative Change Order #2 ± Downtown Boat Slips Project (06-0033-EN).
This change order is for the purpose of adding items needed for additional work
resulting in an increase to the contract amount.
Misener Marine Construction 78,857.01
Attachment number 20
Page 2 of 2
Ordinance No. 8166-10 52
ORDINANCE NO. 8166-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2010 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
AND SEWER FUND, SOLID WASTE FUND, RECYCLING
FUND, GAS FUND, MARINE FUND, AIRPARK FUND,
PARKING FUND, ADMINISTRATIVE SERVICES FUND, AND
CENTRAL INSURANCE FUND, AS PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2010, for operating
purposes, including debt service, was adopted by Ordinance No. 8100-09; and
WHEREAS, at the First Quarter Review it was found that an increase of $18,406,770
is necessary for revenues and an increase of $10,663,624 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8100-09 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate 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 an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_______________________________
Frank Hibbard, Mayor
Approved as to form: Attest:
_______________________________ ________________________________
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
Attachment number 21
Page 1 of 1
EXHIBIT A
First
Quarter
Original Amended
BudgetBudget
2009/102009/10 Amendments
General Fund:
Property Taxes 41,786,42041,786,420
Franchise Fees 10,152,00010,152,000
Utility Taxes 12,321,86012,321,860
Licenses, Permits & Fees 3,550,0003,550,000
Sales Tax 5,313,0005,313,000
Communications Services Tax 6,814,6006,814,600
Intergovernmental Revenues 11,350,29011,355,5765,286
Charges for Current Services 3,904,6603,882,660 (22,000)
Fines & Forfeitures 677,300677,300
Interest Income 1,140,0001,140,000
Miscellaneous 926,500981,50055,000
Interfund Charges / Transfers In 17,516,67020,236,2652,719,595
Transfer from Surplus 0 (2,486,645)(2,486,645)
Total, General Fund 115,453,300115,724,536271,236
Special Revenue Funds:
Special Development Fund 16,138,44016,139,7791,339
Special Program Fund 2,099,4304,769,0842,669,654
Local Housing Asst Trust Fund 97,33097,330
Utility & Other Enterprise Funds:
Water & Sewer Fund 58,827,45061,189,9252,362,475
Stormwater Utility Fund 15,579,60015,579,600
Solid Waste Fund 18,823,08018,823,080
Gas Fund 42,901,47047,952,8695,051,399
Recycling Fund 2,949,4703,047,29197,821
Airpark Fund 249,000241,000 (8,000)
Marine Fund 4,850,3804,590,380 (260,000)
Downtown Boat Slips Fund 631,260631,260
Parking Fund 5,405,0208,805,0203,400,000
Harborview Center Fund 163,080163,080
Internal Service Funds:
Administrative Services Fund 9,430,0009,455,84625,846
General Services Fund 4,991,5404,991,540
Garage Fund 12,824,54012,824,540
Central Insurance Fund 19,161,32023,956,3204,795,000
Total, All Funds 330,575,710348,982,48018,406,770
2009-10 BUDGET REVENUE
53
Ordinance #8166-10
Attachment number 22
Page 1 of 2
EXHIBIT A (Continued)
First
Quarter
Original Amended
BudgetBudget
2009/102009/10 Amendments
General Fund:
City Council 296,570296,570
City Manager's Office 1,274,6801,274,680
City Attorney's Office 1,623,4301,623,430
City Auditor's Office 182,410182,410
Development & Neighborhood Svcs 00
Economic Development & Housing Svc 1,374,5701,374,570
Engineering 7,441,8907,441,890
Equity Services 00
Finance 2,195,4702,195,470
Fire 21,760,10021,760,100
Human Resources 1,108,3501,108,350
Library 5,710,9405,710,940
Marine & Aviation 564,440564,440
Non-Departmental 4,903,7505,136,700232,950
Office of Management & Budget 285,690285,690
Official Records & Legislative Svcs 1,087,5201,087,520
Parks & Recreation 19,739,13019,772,13033,000
Planning & Development 4,679,8904,679,890
Police 37,415,99037,421,2765,286
Public Communications 1,031,7501,031,750
Public Services 2,580,0002,580,000
Allocation to Reserves 196,730196,730
Total, General Fund 115,453,300115,724,536271,236
Special Revenue Funds:
Special Development Fund 12,423,13012,389,301 (33,829)
Special Program Fund 1,799,4304,469,0842,669,654
Local Housing Asst Trust Fund 97,33097,330
Utility & Other Enterprise Funds:
Water & Sewer Fund 58,672,34058,672,340
Stormwater Utility Fund 15,579,60015,579,600
Solid Waste Fund 18,759,08018,531,318 (227,762)
Gas Fund 40,528,04045,046,1194,518,079
Recycling Fund 2,949,4702,949,470
Airpark Fund 194,070194,070
Marine Fund 4,552,7604,423,160 (129,600)
Downtown Boat Slips Fund 464,230464,230
Parking Fund 5,172,0208,572,0203,400,000
Harborview Center Fund 163,080163,080
Internal Service Funds:
Administrative Services Fund 9,224,5909,250,43625,846
General Services Fund 4,991,5404,991,540
Garage Fund 12,824,54012,824,540
Central Insurance Fund 18,208,37018,378,370170,000
Total, All Funds 322,056,920332,720,54410,663,624
2009-10 BUDGET EXPENDITURES
54
Ordinance #8166-10
Attachment number 22
Page 2 of 2
55
Ordinance No. 8167-10
ORDINANCE NO. 8167-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2010, TO REFLECT A NET DECREASE OF $1,381,607,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2010 was adopted by Ordinance No. 8101-09; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8101-09 is amended to read:
Pursuant to the First Quarter Amended Capital Improvement Program
Report and Estimated Budget 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 First Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank Hibbard
Mayor
Approved as to form: Attest:
______________________________ ____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 23
Page 1 of 1
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
First Qtr
OriginalAmended
BudgetBudget
2009/102009/10Amendments
Police Protection 150,000 50,000 (100,000)
Fire Protection 678,490 678,490
Major Street Maintenance 3,645,670 3,139,185 (506,485)
Sidewalks and Bike Trail - (1,078,404) (1,078,404)
Intersections 435,000 435,000
Parking 250,000 3,650,000 3,400,000
Miscellaneous Engineering 35,000 72,950 37,950
Park Development 5,837,500 6,003,208 165,708
Marine Facilities 4,315,000 (458,105) (4,773,105)
Airpark Facilities 10,000 10,000
Libraries 635,310 635,310
Garage 2,716,700 2,716,700
Maintenance of Buildings 277,930 252,930 (25,000)
Gen Public City Bldg & Equip 950,000 950,000
Miscellaneous 640,000 706,306 66,306
Stormwater Utility 5,945,000 5,073,864 (871,136)
Gas System 5,310,000 7,485,709 2,175,709
Solid Waste 520,000 520,000
Utilities Miscellaneous 26,000 26,000
Sewer System 9,772,590 9,560,410 (212,180)
Water System 9,699,550 10,038,579 339,029
Recycling 220,000 220,000
TOTAL 52,069,740 50,688,133 (1,381,607)
56 Ordinance # 8167-10
Attachment number 24
Page 1 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
First Qtr
OriginalAmended
BudgetBudget
2009/102009/10Amendments
GENERAL SOURCES:
General Operating Revenue 1,470,990 1,518,217 47,227
General Revenue/County Co-op 635,310 635,310
Road Millage 2,090,670 2,090,670
Penny for Pinellas 6,225,000 6,191,171 (33,829)
Transportation Impact Fee 290,000 290,000
Recreation Land Impact Fee (1,339) (1,339)
Local Option Gas Tax 1,720,000 1,720,000
Special Development Fund 950,000 950,000
Special Program Fund 30,000 (925,845)
Grants - Other Agencies 2,900,000 1,944,155 (955,845)
Donations 900,000 900,000
SELF SUPPORTING FUNDS:
Marine Revenue 50,000 (50,000) (100,000)
Downtown Boat Slips Revenue 15,000 15,000
Airpark Revenue 10,000 10,000
Parking Revenue 260,000 3,660,000 3,400,000
Utility System:
Water Impact Fees 250,000 250,000
Sewer Impact Fees 500,000 500,000
Utility R&R 3,050,490 3,050,490
Stormwater Utility Revenue 5,652,800 5,652,800
Gas Revenue 5,340,000 7,415,709 2,075,709
Solid Waste Revenue 350,000 350,000
Grants - Other Agencies (873,815)
Other Governmental Revenue 20,464
Developer Contributions 62,327
INTERNAL SERVICE FUNDS:
Garage Revenue 119,400 119,400
Administrative Services Revenue 150,000 150,000
Central Insurance Revenue (5,022,507) (5,022,507)
57 Ordinance # 8167-10
Attachment number 24
Page 2 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
First Qtr
OriginalAmended
BudgetBudget
2009/102009/10Amendments
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 42,540 42,540
Lease Purchase - Stormwater 300,000 300,000
Lease Purchase - Solid Waste 170,000 170,000
Lease Purchase - Recycling 220,000 220,000
Bond Issue - Water & Sewer 15,665,240 15,665,240
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 2,312,300 2,312,300
Lease Purchase - Administrative Services 400,000 400,000
TOTAL ALL FUNDING SOURCES:52,069,740 50,523,312 (1,381,607)
58 Ordinance # 8167-10
Attachment number 24
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Authorize a 30-year, three percent, $545,000 loan, with a five-year deferment, to Pine Berry Senior Limited Partnership, to acquire and
develop real property located at 1225 Highland Avenue, Clearwater, Florida, as affordable rental housing for seniors, enter into a
mortgage and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Pine Berry Senior Limited Partnership completed a Consolidated Plan Application for funding to acquire and develop apartments for
seniors. The amount requested is a $545,000, three-percent, 30-year loan. The new apartment complex will provide 85 affordable rental
housing units for the elderly. The units will be comprised of 43 one-bedroom/one-bathroom units and 42 two-bedroom/one-bathroom
units. The square footage of the units will be 625 for the one-bedroom units and 780 for the two-bedroom units. The rents will be set at
60% of the area median income or lower, based on the requirements of the Florida Housing Finance Corporation Low Income Housing
Tax Credit (LIHTC) Program. The project is located at 1225 Highland Avenue, Clearwater, the site of the former bowling alley,
approximately 3.02 acres.
The purchase price of the property is $1,700,000. The total project cost is $15,859,959. Funding for the project includes $345,000 from
the HOME Investment Partnership Program and $200,000 from the State Housing Initiatives Partnership Program (SHIP), $9,240,872
through the Low Income Housing Tax Credit Program (LIHTC), $5,590,341 from the Tax Credit Assistance Program, and $483,746
from the owner’s equity.
Pine Berry Senior Limited Partnership anticipates that they will have site control by March 2010. The project is scheduled to be
completed by Summer 2011.
The development will be equipped with an amenity package that includes emergency call service in each unit, community center, picnic
area, computer lab on site, laundry facilities with full size washers and dryers and a library.
RLI Beneficial Development 7, LLC will be the developer of the apartments. They will engage a construction and a management
company for the development of the project.
Site plan, elevations, and legal documents are in substantially final form.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:545,000 Annual Operating Cost:
Not to Exceed:Total Cost:545,000
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
683-00000-128165-000-000 345,000 HOME
191-00000-128165-000-000 200,000 SHIP
Review Approval:1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo
Attachment number 1
Page 1 of 1
Attachment number 2
Page 1 of 1
Attachment number 3
Page 1 of 1
CITY OF CLEARWATER
ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT -
HOUSING DIVISION
MORTGAGE
Prepared by: Terry Malcolm-Smith
City of Clearwater
Economic Development & Housing Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
PURPOSE OF LOAN: Acquisition of Property
THIS MORTGAGE, made on or as of this 19th of March, 2010 between
PINE BERRY SENIOR LIMITED PARTNERSHIP , a Florida Limited
partnership, hereinafter called "Mortgagor", located at: 2206 Jo-An Drive,
Sarasota, FL 34231 and the CITY OF CLEARWATER, a municipal
corporation in the state of Florida, whose address is P. O. Box 4748,
Clearwater, Florida 33758, County of Pinellas, State of Florida, hereinafter
called "Mortgagee" or "Lender".
WITNESSETH, that to secure the payment of an indebtedness in the principal amount of FIVE HUNDED &
FORTY-FIVE THOUSAND and NO/100 DOLLARS ($545,000.00) with, if applicable, interest thereon, which shall
be payable in accordance with a certain note, bond, or other obligation, which obligation is hereinafter called
"Note", bearing even date herewith, and all other indebtedness which the Mortgagor is obligated to pay to the
Mortgagee pursuant to the provisions of the Note and this Mortgage, the Mortgagor hereby grants, conveys, and
mortgages to the Mortgagee:
ALL that certain lot, piece, or parcel of land situate and being in Pinellas County, Florida, described as follows:
SEE ATTACHED LEGAL DESCRIPTION – EXHIBIT “A”
Parcel ID 00/00/00/0000/000/000
COMMONLY KNOWN AS: 1225 Highland Avenue, Clearwater, Florida
TOGETHER with all appurtenances thereto and all the estate and rights of the Mortgagor in and to such property or in
anyway appertaining thereto: all buildings and other structures now or hereafter thereon erected or installed, and all
fixtures and articles of personal property now or hereafter attached to, or used in, or in the operation of, any such land,
buildings, or structures which are necessary to the complete use and occupancy of such buildings or structures for the
purposes for which they were or are to be erected or installed, including, but not limited to, all heating, plumbing,
bathroom, lighting, cooking, laundry, ventilating, refrigerating, incinerating, and air-conditioning equipment and
fixtures, and all replacements thereof and additions thereto, whether or not the same are or shall be attached to such
land, buildings, structures in any manner, lot improvements, roads, and all other infrastructure improvements, and;
TOGETHER with any and all awards now or hereafter made for the taking of the property mortgaged hereby, or any
part thereof (including any easement) by the exercise of the power of eminent domain, including any award for change
of grade of any street or other roadway, which awards are hereby assigned to the Mortgagee and are deemed a part of
the property mortgaged hereby, and the Mortgagee is hereby authorized to collect and receive the proceeds of such
awards, to give proper receipts and acquaintance therefore, and to apply the same toward the payment of the
indebtedness secured by this Mortgage, notwithstanding the fact that the amount owing thereon may not then be due
and payable; and the Mortgagor hereby agrees, upon request, to make, execute, and deliver any and all assignments
and other instruments sufficient for the purpose of assigning each such award to the Mortgagee, free, clear and
Attachment number 4
Page 1 of 7
2
discharged of any encumbrances of any kind or nature whatsoever, and
TOGETHER with all right, title, and interest of the Mortgagor in and to the land lying in the streets and roads in front
of and adjoining the above described land (all of the above described land, buildings, other structures, fixtures, articles
of personal property, awards and other rights and interests being hereinafter collectively called the "mortgaged
property")
TO HAVE AND TO HOLD the mortgaged property and every part thereof unto the Mortgagee, its successors and
assigns forever for the purposes and uses herein set forth.
MORTGAGOR further covenants and agrees with the Mortgagee, as follows:
1. The Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the Note, and all
other charges and indebtedness provided therein and in this Mortgage, at the times and in the manner provided in the
Note and in this Mortgage.
2. The Mortgagor will pay when due, as hereinafter provided, all ground rents, if any, and all taxes, assessments,
water rates and other governmental charges, fines, and impositions, of every kind and nature whatsoever, now or
hereafter imposed on the mortgaged property, or any part thereof, and will pay when due every amount of
indebtedness secured by any lien to which the lien of this Mortgage is expressly subject.
3. This Mortgage and the Note were executed and delivered to secure monies advanced in full to the Mortgagor by the
Mortgagee as or on account of a loan evidenced by the Note, for the purpose of property acquisition and making
improvements to or on the mortgaged property, which improvements are hereinafter collectively called
"Improvements", and for such other purpose, if any, described or referred to therein, including improvements of the
property. The Mortgagor shall make or cause to be made all the improvements. If the construction or installation of
the improvements shall not be carried out with reasonable diligence, or shall be discontinued at any time for any
reason, other than strikes, lock-outs, acts of God, fires, floods, or other similar catastrophes, riots, war or insurrection,
the Mortgagee, after due notice to the Mortgagor, is hereby authorized (a) to enter upon the mortgaged property and
employ any watchmen, protect the improvements from depreciation or injury and to preserve and protect such
property, (b) to carry out any and all then existing contracts between the Mortgagor and other parties for the purpose
of making any of the improvements, (c) to make and enter into additional contracts and incur obligations for the
purposes of completing the improvements pursuant to the obligations of the Mortgagor hereunder, either in the name
of the Mortgagee or the Mortgagor, and (d) to pay and discharge all debts, obligations, and liabilities incurred by
reason of any action taken by the Mortgagee as provided in this Paragraph, all of which amounts so paid by the
Mortgagee, with interest thereon from the date of each such payment, at the rate as set forth in the Note plus three
percent (3%) per annum, not to exceed the maximum allowed by law, shall be payable by the Mortgagor to the
Mortgagee on demand and shall be secured by this Mortgage.
4. No building or other structure or improvement, fixture of personal property mortgaged hereby shall be removed or
demolished without the prior written consent of the Mortgagee. The Mortgagor will not make, permit or suffer any
alteration of or addition to any building or other structure or improvement now or which may hereafter be erected or
installed upon the mortgaged property, or any part thereof, except the improvements required to be made Pursuant to
Paragraph 3 hereof, nor will the Mortgagor use, or permit or suffer the use of any of the mortgaged property for any
purpose other than the purpose or purposes for which the same is now intended to be used, without the prior written
consent of the Mortgagee. The Mortgagor will maintain the mortgaged property in good condition and state of repair
and will not suffer or permit any waste to any part thereof, and will promptly comply with all the requirements of
Federal, state and local governments, or of any departments, divisions or bureaus thereof, pertaining to such property
or any part thereof.
5. Preservation, Maintenance and Protection of the Property. Borrower shall not destroy, damage, or impair the
Property, allow the Property to deteriorate or commit waste on the Property. Borrower shall maintain the Property in
order to prevent the Property from deterioration or decrease in value due to its condition. Borrower shall comply with
all City Codes relating to maintenance of the Property and shall repair or restore the Property upon Notice by the City.
Failure to comply with this provision may result in Borrower’s loan being placed in default.
6. Mortgagor and Mortgagee acknowledge and agree that this Subordinate Mortgage is subject and subordinate in all
respects to the liens, terms, covenants and conditions of the First Mortgage. The Mortgagor will not voluntarily create,
or permit or suffer to be created or to exist, on or against the mortgaged property, or any part thereof, any lien superior
to the lien of this Mortgage, exclusive of the lien or liens, if any, to which this Mortgage is expressly subject, as set
forth in the granting clause above, and will keep and maintain the same free from the claims of all parties supplying
labor or materials which will enter into the construction or installation of the improvements.
7. (a) The Mortgagor will keep all buildings, other structures and improvements, including equipment, now existing or
Attachment number 4
Page 2 of 7
3
which may hereafter be erected or installed on the land mortgaged hereby, insured against loss by fire and other
hazards, casualties and contingencies, in such amounts and manner, and for such periods, all as may be required from
time to time by the Mortgagee. Unless otherwise required by the Mortgagee, all such insurance shall be affected by
Standard Fire and Extended Coverage Insurance policies, in amounts not less than necessary to comply with the
coinsurance clause percentage of the value applicable to the location and character of the property to be covered. All
such insurance shall be carried in companies approved by the Mortgagee and all policies therefore shall be in such
form and shall have attached thereto loss payable clauses in favor of the Mortgagee and any other parties as shall be
satisfactory to the Mortgagee. All such policies and attachments thereto shall be delivered promptly to the Mortgagee,
unless they are required to be delivered to the holder of a lien of a mortgage or similar instrument to which this
Mortgage is expressly subject, in which latter event, certificates thereof, indicating Mortgagee's interest with the
standard mortgage clause, satisfactory to the Mortgagee, shall be delivered promptly to the Mortgagee. The Mortgagor
will pay promptly when due, as hereinafter provided, any and all premiums on such insurance, and in every case in
which payment thereof is not made from the deposits therefore required by this Mortgage, promptly submit to the
Mortgagee for examination receipts or other evidence of such payment as shall be satisfactory to the Mortgagee. The
Mortgagee may obtain and pay the premium on (but shall be under no obligation to do so) every kind of insurance
required hereby if the amount of such premium has not been deposited as required by this Mortgage, in which event
the Mortgagor will pay to the Mortgagee every premium so paid by the Mortgagee, as set forth in Paragraph 3, above.
(b) In the event of loss or damage to the mortgaged property, the Mortgagor will give to the Mortgagee immediate
notice thereof by mail, and the Mortgagee may make and file proof of loss if not made otherwise promptly by or on
behalf of the Mortgagor. Each insurance company issuing any such policy is hereby authorized and directed to make
payment hereunder for such loss to the Mortgagor and the Mortgagee jointly, unless the amount of loss is payable first
to the holder of a lien under a mortgage or similar instrument to which this Mortgage is expressly subject; and all the
insurance proceeds, or any part thereof, if received by the Mortgagee, may be applied by the Mortgagee, at its option,
either in reduction of the indebtedness hereby secured, or to the restoration or repair of the mortgaged property
damaged. In the event of foreclosure of this Mortgage, or of any transfer of title to the mortgaged property in
extinguishment of such indebtedness, all right, title, and interest of the Mortgagor in and to every such insurance
policy then in force, subject to the rights and interest of the holder of any such prior lien, shall pass to the grantee
acquiring title to the mortgaged property together with such policy and appropriate assignment of such right, title and
interest which shall be made by the Mortgagor.
8. (a) In order more fully to protect the security of this Mortgage, the Mortgagor shall deposit with the Mortgagee
together with, and in addition to, if applicable, the payment of principal and interest monthly on account of the Note
secured hereby, until the Note is paid in full, an amount of money equal to the total amount of (i) ground rents, if any,
next becoming due, (ii) the premiums next becoming due on the policies of fire and all other hazard insurance
required by this Mortgage with respect to the mortgaged property, (iii) taxes, assessments, water rates and other
governmental charges next becoming due on the mortgaged property (all the foregoing amounts as estimated by the
Mortgagee and set forth in a written notice of such estimate by the Mortgagee to the Mortgagor from time to time),
less all amounts that may already have been paid therefore, divided by the number of calendar months to elapse before
one calendar month prior to the date when such ground rents, premiums, taxes, assessments, water rates and other
governmental charges, respectively, will become due and payable. If any amount referred to in clauses (i) through (iii)
hereof is required to be deposited by the Mortgagor under a mortgage or similar instrument having priority over the
lien of this Mortgage, the Mortgagor shall make the deposits required by this Paragraph 8 only in the event of the
termination of such obligation or the occurrence of the last mentioned event. All such amounts so deposited with the
Mortgagee shall be held by the Mortgagee, or any agent designated by it, in trust to be used only for the payment of
such ground rents, premiums, taxes, assessments, water rates and other governmental charges. No interest shall be
payable by the Mortgagee on any sum so deposited.
(b) All amounts required to be deposited with the Mortgagee monthly in accordance with Paragraph 8(a) hereof, and
the amount of principal and interest to be paid each month on account of the Note, shall be added together, and the
aggregate amount thereof shall be paid by the Mortgagor to the Mortgagee in a single payment to be applied by the
Mortgagee on account of the indebtedness of the Mortgagor pursuant to the Note and this Mortgage (to the extent that
monies are available from the amount so deposited), in the order, any provision of the Note to the contrary
notwithstanding, as follows:
FIRST, to the amount of such ground rents, if any, fire and other hazard insurance premiums, taxes, assessments,
water rates, and other governmental charges required to be paid under the provisions of this Mortgage, in whatever
sequence the Mortgagee may exclusively determine;
SECOND, to interest due on the Note;
THIRD, to the principal due on the Note; and
FOURTH, the remainder to the late charges, if any, referred to in the Note.
Attachment number 4
Page 3 of 7
4
Any deficiency in the amount of any such aggregate monthly payment shall, unless paid by the Mortgagor prior to the
due date of the next such deposit payable, constitute an event of default under this Mortgage.
(c) Any excess funds that may be accumulated by reason of the deposits required under Paragraph 8 (a) hereof,
remaining after payment of the amounts described in clauses (i), (ii), and (iii) hereof, shall be credited to subsequent
respective monthly amounts of the same nature required to be paid hereunder. If any such amount shall exceed the
estimate therefore, the Mortgagor shall forthwith pay to the Mortgagee the amount of such deficiency upon written
notice by the Mortgagee of the amount thereof. Failure to do so before the due date of such amount shall be an event
of default under this Mortgage. If the mortgaged property is sold under foreclosure or is otherwise acquired by the
Mortgagee, after default by the Mortgagor, any remaining balance of the accumulations under Paragraph 8 (a) hereof,
shall be credited to the principal amount owing on the Note as of the date of commencement of foreclosure
proceedings for the mortgaged property, or as of the date the mortgaged property is otherwise acquired.
9. The Improvements and all plans and specifications therefore shall comply with all applicable municipal ordinances,
regulations and rules made or promulgated by lawful authority, and upon their completion, shall comply therewith and
with the rules of the Board of Fire Underwriters having jurisdiction.
10. Upon any failure by the Mortgagor to comply with or perform any of the terms, covenants, or conditions of this
Mortgage requiring the payment of any amount of money by the Mortgagor, other than the principal amount of the
loan evidenced by the Note, interest and other charges, as provided in the Note, the Mortgagee may at its option make
such payment. Every payment so made by the Mortgagee (including reasonable attorneys fees incurred thereby), with
interest thereon from the date of such payment, as set forth in Paragraph 3, above, except any payment for which a
different rate of interest is specified herein, shall be payable by the Mortgagor to the Mortgagee on demand and shall
lien secured by this Mortgage. This Mortgage with respect to any such amount and the interest thereon shall constitute
a lien on the mortgaged property prior to any other lien attaching or accruing subsequent to the lien of this Mortgage.
11. The Mortgagee, by any of its agents or representatives, shall have the right to inspect the mortgaged property from
time to time at any reasonable hour of the day. Should the mortgaged property, or any part thereof, at any time require
inspection, repair, care or attention of any kind or nature not provided by this Mortgage as determined by the
Mortgagee in its sole discretion, the Mortgagee may, after notice to the Mortgagor, enter or cause entry to be made
upon the mortgaged property and inspect, repair, protect, care for or maintain such property, as the Mortgagee may in
its sole discretion deem necessary, and may pay all amounts of money therefore, as the Mortgagee may in its sole
discretion deem necessary.
12. The principal amount owing on the Note together with interest thereon and all other charges, as therein provided,
and all other amounts of money owing by the Mortgagor to the Mortgagee pursuant to and secured by the Mortgage,
shall immediately become due and payable without notice or demand upon the appointment of a receiver or liquidator,
whether voluntary or involuntary, for the Mortgagor or any of the property of the Mortgagor, or upon the filing of a
petition by or against the Mortgagor under the provisions of any State insolvency law, or under the provisions of the
Bankruptcy Act of 1898, as amended, or upon the making by the Mortgagor of an assignment for the benefit of the
Mortgagor's creditors. The Mortgagee is authorized to declare, at its option, all or any part of such indebtedness
immediately due and payable upon the occurrence of any of the following events of default:
(a) Failure to pay the amount of any installment of principal and interest, or other charges payable on the
Note, which shall have become due, prior to the due date of the next such installment.
(b) Nonperformance by the Mortgagor of any covenant, agreement, term or condition of this Mortgage,
or of the Note (except as otherwise provided in subdivision (a) hereof) or of any other agreement
heretofore, herewith or hereafter made by the Mortgagor with the Mortgagee in connection with such
indebtedness, after the Mortgagor has been given due notice by the Mortgagee of such
nonperformance;
(c) Failure of the Mortgagor to perform any covenant, agreement, term or condition in any instrument
creating a lien upon the mortgaged property, or any part thereof, which shall have priority over the
lien of this Mortgage;
(d) The Mortgagee's discovery of the Mortgagor's failure in any application of the Mortgagor to the
Mortgagee to disclose any fact deemed by the Mortgagee to be material, or of the making therein, or
in any of the agreements entered into by the Mortgagor with the Mortgagee (including but not limited
to the Note and this Mortgage) of any misrepresentation by, on behalf of, or for the benefit of the
Mortgagor;
(e) The sale, or other transfer of any kind or nature of the mortgaged property, or any part thereof,
without the prior written consent of the Mortgagee.
The Mortgagee's failure to exercise any of its rights hereunder shall not constitute a waiver thereof. Upon any event of
Attachment number 4
Page 4 of 7
5
default, as enumerated in this Paragraph, the Note shall become, or may be declared to be, immediately due and
payable.
13. The Mortgagee may from time to time cure each default under any covenant or agreement in any instrument
creating a lien upon the mortgaged property, or any part thereof, which shall have priority over the lien of this
Mortgage, to such extent as the Mortgagee may exclusively determine, and each amount Paid, if any, by the
Mortgagee to cure any such default shall be paid by the Mortgagor to the Mortgagee, and the Mortgagee shall also
become subrogated to whatever rights the holder of the prior lien might have under such instrument.
14. (a) After the occurrence of any default hereunder, the Mortgagor shall upon demand of the Mortgagee, surrender
possession of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same
and collect all the rents there from which are due or to become due, and apply the same, after payment of all charges
and expenses, on account of the indebtedness hereby secured, and all such rents and all leases existing at the time of
such default are hereby assigned to the Mortgagee as further security for the payment of the indebtedness secured
hereby, and the Mortgagee may also dispossess, by the usual summary proceedings, any tenant defaulting in the
payment of any rent to the Mortgagee.
(b) In the event that the Mortgagor occupies the mortgaged property or any part thereof, the Mortgagor agrees to
surrender possession of such property to the Mortgagee immediately after any such default hereunder, and if the
Mortgagor remains in possession after such default, such possession shall be as a tenant of the Mortgagee, and the
Mortgagor shall pay in advance, upon demand by the Mortgagee, as a reasonable monthly rental for the premises
occupied by the Mortgagor, an amount at least equivalent to one-twelfth of the aggregate of the twelve monthly
installments payable in the current calendar year, plus the actual amount of the annual ground rent, if any, taxes,
assessments, water rates, other governmental charges, and insurance premiums payable in connection with the
mortgaged property during such year, and upon the failure of the Mortgagor to pay such monthly rental, the
Mortgagor may also be dispossessed by the usual summary proceedings applicable to tenants. This covenant shall
become effective immediately upon the occurrence any such default, as determined in the sole discretion of the
Mortgagee, who shall give notice of such determination to the Mortgagor, and in the case of foreclosure and the
appointment of a receiver of the rents, the within covenant shall inure to the benefit of such receiver.
15. The Mortgagee in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver without
notice, as a matter of right and without regard to the value of the mortgaged property, or the solvency or insolvency of
the Mortgagor or other party liable for the payment of the Note and other indebtedness secured by this Mortgage.
16. The Mortgagor, within ten (10) days upon request in person or within twenty (20) days upon request by mail, will
furnish promptly a written statement in form satisfactory to the Mortgagee, signed by the Mortgagor and duly
acknowledged, of the amount then owing on the Note and other indebtedness secured by this Mortgage, and whether
any offsets or defenses exist against such indebtedness or any part thereof.
17. The Mortgagor will give immediate notice by registered or certified mail to the Mortgagee of any fire, damage or
other casualty affecting the mortgaged property, or of any conveyance, transfer or change in ownership of such
property, or any part thereof.
18. Notice and demand or request may be made in writing and may be served in person or by mail.
19. In case of a foreclosure sale of the mortgaged property, it may be sold in one parcel.
20. The Mortgagor will not assign the rents, if any, in whole or in part, from the mortgaged property, or any part
thereof, without the prior written consent of the Mortgagee.
21. The Mortgagor is lawfully seized of the mortgaged property and has good right, full power and lawful authority to
sell and convey the same in the manner above provided, and will warrant and defend the same to the Mortgagee
forever against the lawful claims and demands of any and all parties whatsoever.
22. The Mortgagor hereby waives the benefit of all homestead exemptions as to the debt secured by this Mortgage and
as to any expenditures for insurance, taxes, levies, assessments, dues or charges incurred by the Mortgagee pursuant to
any provision of this Mortgage.
23. This Mortgage and all the covenants, agreements, terms and conditions herein contained shall be binding upon and
inure to the benefit of the Mortgagor and the heirs, legal representatives and assigns of the Mortgagor and, to the
extent permitted by law, every subsequent owner of the mortgaged property, and shall be binding upon and inure to
the benefit of the Mortgagee and its assigns. If the Mortgagor, as defined herein, consists of two or more parties, this
Mortgage shall constitute a grant and mortgage by all of them jointly and severally, and they shall be obligated jointly
and severally under all the provisions hereof and under the Note. The word "Mortgagee" shall include any person,
corporation, or other party who may from time to time be the holder of this Mortgage. Wherever used herein, the
Attachment number 4
Page 5 of 7
6
singular number shall include the plural, the plural number shall include the singular, and the use of any gender shall
be applicable to all genders wherever the sense requires.
IN WITNESS WHEREOF, this Mortgage has been duly signed and sealed by the Mortgagor on or as of the day and
year first above written.
In the presence of:
Witness Pine Berry Senior Limited Partnership,
a Florida limited partnership
Witness
By: DAVID PAXTON, Manager
STATE OF FLORIDA ]
COUNTY OF PINELLAS ]
The foregoing instrument was executed and acknowledged before me this ___ day of , 2010 by DONALD
PAXTON, Manager, of Pine Berry Senior Limited Partnership, a Limited Liability Company who is personally
known to me or who have produced a drivers license as identification.
My Commission expires: Notary Public
Attachment number 4
Page 6 of 7
7
EXHIBIT “A”
.
Attachment number 4
Page 7 of 7
1
CITY OF CLEARWATER
PURCHASE MONEY MORTGAGE - NOTE
$545,000.00 Clearwater, Florida March 19, 2010
Property Address: 1225 Highland Avenue
Clearwater, FL 33755 (the "Property)
Parcel I. D. x/xx/xx/xxxxx/xxx/xxxx
1. BORROWER'S PROMISE TO PAY
For value received, the Pine Berry Senior Limited Partnership promises to pay the sum of Five Hundred & Forty-Fifty
Thousand Dollars ($545,000.00) in U.S. dollars (this amount is called "principal") to the order of the Lender. The
Lender is the City of Clearwater, organized and existing under the laws of the State of Florida and located at 112 S.
Osceola Avenue, Clearwater, Florida 33756. The Lender or anyone who takes this Note by transfer and who is entitled
to receive the value as evidenced by this Note (“Security Instrument”) is called the "Note Holder".
2. INTEREST
The interest rate on this Security Instrument will be 3.00% per annum, amortized for thirty (30) years. In the event The
Pine Berry Senior Limited Partnership., a Florida limited partnership transfers, assigns, sells mortgages, refinances or fail
to meet the obligations established by the Note, Mortgage, Letter of Commitment, Land Use Restriction Agreement or
any applicable restrictions or laws, or in any manner disposes of all or a portion of the property which is subject to this
Note and the Mortgage, then the principal and interest, if any, hereunder shall immediately become due and payable, and
such outstanding principal shall begin to bear interest immediately at the rate of seven percent (7%) per annum from the
date of such sale, transfer, assignment, mortgage, refinance or other conveyance, until paid in full.
3. PAYMENTS
(A) Time and Place of Payments
Loan repayment is deferred until March 19, 2015. No interest will accrue during the deferral period. The undersigned
will pay principal and interest, if any, (as provided in Section 2 above) by making payments every month. Since interest,
if any, is being charged on the Loan, monthly payments will be applied to interest, if any, before principal. Beginning on
April 1st, 2015 Pine Berry Senior Limited Partnership will start to make these payments on the first day of every month
until I have paid all of the principal and interest, if any, and any other charges described below that I may owe under this
Note. If, on February 1st, 2040 (the Due Date or Maturity Date), Pine Berry Senior Limited Partnership still owe
amounts under this Note, Pine Berry Senior Limited Partnership will pay those amounts in full on that date.
The undersigned will make monthly payments to the City of Clearwater at 112 S. Osceola Avenue, Clearwater, Florida
33756, or at a different place if required by the Note Holder.
The Note Holder shall have the optional right to declare the amount of the total balance hereof to be due and forthwith
payable in advance of the Due Date upon the occurrence of any Event of Default or failure to perform in accordance with
any of the terms and conditions set forth in the Security Instrument. Upon exercise of this option by the Note Holder, the
entire unpaid principal shall bear interest at the rate of seven percent (7%) per annum. Forbearance to exercise this
option with respect to any failure or breach of the undersigned shall not constitute a waiver of the right as to any
continuing failure or breach or any subsequent failure or breach.
The indebtedness evidenced by this Note, and any other financial obligations which may hereafter be imposed on me by
the Lender, is subordinate to the indebtedness evidenced by a Note payable to JP Chase Bank, N.A.,which Note is
secured by a first mortgage on the Property.
Attachment number 5
Page 1 of 4
2
B) AMOUNT OF MONTHLY PAYMENTS
Monthly payments will be in the amount of Two Thousand Five Hundred Eighty-Four Dollars and 45/100
($2,584.45) in (U.S. Dollars).
4. BORROWER'S RIGHT TO PREPAY
The undersigned has the right to prepay the balance due on this Note according to the amount owed as listed below. A
payment of principal only is known as a "prepayment". When a prepayment is made, the undersigned must notify the
Note Holder, in writing, that they are doing so. Full prepayment or partial prepayments may be made without paying any
prepayment charge. The Note Holder will use all prepayments to reduce the amount of principal that is owed under this
Note. If a partial prepayment is made, there will be no change in the Due Date, unless the Note Holder agrees, in writing,
to this change. Should the borrower sell, refinance, or otherwise transfer title of the property or fail to meet the required
obligations the full amount of the Note will be due to the Note Holder.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected in connection with this loan exceed the permitted limit, then any sum already collected which
exceeded permitted limits shall be credited as a payment of principal, unless the undersigned shall notify the Note Holder,
in writing, that the undersigned elects to have such excess sum returned to it forthwith.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payments by the end of fifteen calendar days after the
date it is due, Pine Berry Senior Limited Partnership will pay a late charge to the Note Holder. The amount of the charge
will be the lesser of $ 25.00 or five percent (5%) of my overdue payment of principal and interest. I will pay this late
charge promptly but only once for each late payment.
(B) Default
Except as otherwise provided in Section 3 above or in the provisions set forth in mortgage, if the full amount is not paid
by the Due Date, the undersigned will be in default.
(C) Notice of Default
If the undersigned is in default, the Note Holder may send a written notice which advises that the full principal amount,
including any interest that may accrue (as defined in Sections 2 and 3 above), is due and payable by a certain date. That
date must be at least 30 days after the date on which the notice is delivered or mailed.
(D) No Waiver By Note Holder
The remedies of the Note Holder, as provided herein, or in the Subordinate Security Instrument shall be cumulative and
concurrent and may be pursued regularly, successively or together, at the sole discretion of the Note Holder, and may be
exercised as often as occasion therefore shall arise. No act of omission or commission of the Note Holder, including
specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same,
such waiver or release to be effected only through a written document executed by the Note Holder, and then only to the
extent specifically recited therein. A waiver or release with reference to any one event shall not be construed as
continuing as a waiver or release of any subsequent right, remedy or recourse as to a subsequent event. Even if, at a time
when the undersigned is in default, the Note Holder does not require immediate payment in full, as described above, the
Note Holder will still have the right to do so if a default occurs at a later time.
(E) Payment of Note Holder's Costs and Expenses
Attachment number 5
Page 2 of 4
3
In the event the Note is collected by law or through an attorney at law, or under advice there from, the Note Holder will
have the right to be paid back for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorney's fees, which are defined to include, without
limitation, all fees incurred in all matters of collection and enforcement, construction and interpretations, before, during
and after trial, proceedings and appeals, as well as appearances in reorganization or similar proceedings, and the cost of
paraprofessional personnel working under supervision of an attorney.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given under this Note will be given by
delivering it or by mailing it by first class mail to the undersigned at the Property address Noted above.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder, at the address stated in Section 1 or at a different address if you are given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owned under this Note.
9. WAIVERS
All persons now or at any time liable, whether primarily or secondarily, for the payment of the indebtedness hereby
evidenced, for themselves, their heirs, legal representatives, successors and assigns respectively, hereby (a) expressly
waive the rights of presentment, demand for payment, notice of dishonor, protest, notice of nonpayment or protest, and
diligence in collection. "Presentment" means the right to require the Note Holder to demand payment of amounts due.
"Notice of Dishonor" means the right to require the Note Holder to give Notice to other persons that amounts due have
not been paid. (b) consent that the time of all payments or any part thereof may be extended, rearranged, renewed or
postponed by the Note Holder hereof and further consent that the collateral security or any part thereof may be released,
exchanged, added to or substituted for by the Holder hereof, without in anyway modifying, altering, releasing, affecting
or limiting their respective liability or the lien of any security instrument; (c) agreed that the Note Holder, in order to
enforce payment of this Note, shall not be required first to institute any suit or to exhaust any of its remedies against the
undersigned or any other person or party to become liable hereunder. This Note and the instruments securing it have
been executed and delivered in, and their terms and provisions are to be governed and construed by the laws of the State
of Florida.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, ("Mortgage Instrument"), dated the same date as this Note, protects the Note Holder from
possible losses which might result if the undersigned does not keep the promises which are made in this Note. The
Mortgage Instrument described how and under what conditions the undersigned may be required to make immediate
payment in full of all amounts owed under this Note. The Note Holder may, at its option, require immediate payment in
full of all sums secured by this Security Instrument. However, this option shall not be exercised by the Note Holder if
exercise is prohibited by federal law as of the date of this Instrument. If the Note Holder exercises this option, the Note
Holder shall give the Borrower written notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security
Instrument. If the Borrower fails to pay these sums prior to expiration of this period, the Note Holder may invoke any
remedies permitted by this Security Instrument without further notice or demand on the Borrower.
Attachment number 5
Page 3 of 4
4
11. If more than one party shall execute this Note, the term "undersigned", as used herein, shall mean all parties
signing this Note and each of them, who shall be jointly and severally obligated hereunder.
In this Note, whenever the context so requires, the neuter gender includes the feminine and/or masculine, as the case may
be, and the singular number includes the plural.
12. COPY RECEIVED
Borrower hereby acknowledges receipt of a copy of this instrument.
Notice to Borrower
Do not sign this Note if it contains blank
spaces. All spaces should be completed before you sign.
The undersigned have executed this Note on the day and year first above mentioned.
PINE BERRY SENIOR LIMITED PARTNERSHIP, a Florida limited partnership
BY: _____________________________________________________
DONALD W. PAXTON, MANAGER
Attachment number 5
Page 4 of 4
February 18, 2010
Mr. Donald Paxton, Manager
Beneficial Communities
2206 Jo-An Drive
Sarasota, FL 34231
RE: Letter of Commitment
Pine Berry Senior Limited Partnership, a Florida limited partnership
1225 Highland Avenue
Clearwater, Florida 33756
Dear Mr. Paxton:
We, the City of Clearwater, Economic Development and Housing Department, are pleased to
offer a commitment to finance the acquisition of real property located 1225 Highland Avenue,
Clearwater, Florida, with following terms and conditions:
1. Borrower: Pine Berry Senior Limited Partnership, Inc. a Florida limited partnership
Company.
2. Loan: A non-revolving loan in the amount of – Five Hundred and Forty-Five
Thousand Dollars ($545,000.00) will be provided for the acquisition of real property.
3. Purpose: To acquire vacant land for the development of an eighty-five unit senior
apartments project for low-income seniors.
4. Interest Rate: The interest rate will be three percent (3%) per annum, with a five year
deferment from the closing date.
5. Loan Term: The loan will be provided as a three percent, thirty-year loan that includes a
five-year deferment of payment for the first five years. The term of the loan shall not
exceed thirty (30) years.
6. Loan Fund Source: Home Investment Partnership (HOME) Program and State Housing
Initiatives Partnership (SHIP) Program.
7. Repayment: The borrower shall begin making monthly payments to the city after the
five-year deferment period from the acquisition of the real property. The first payment of
$2,584.45 will be due on April 1, 2015. The borrower shall continue to make monthly
payments in like amounts for twenty-five years.
Attachment number 6
Page 1 of 3
February 18, 2010
Loan Commitment
Pine Berry Senior Limited Partnership, a Florida limited liability company
Page 2 of 3
8. Eligible Tenants: The HOME assisted units must be occupied by low to moderate-income
persons.
9. Upon acquisition of real property, Pine Berry Senior Limited Partnership shall only sell
to purchasers who meet the recapture provisions of the Home Investment Partnership
(HOME) program. Borrower shall maintain the affordability period of 30 years.
Collateral: Exhibit “A” attached
Together with all the improvements and appurtenances presently located or hereafter
situated thereon. A Security Agreement constituting a valid lien on the prior perfected
security interest on all fixtures, furnishings and equipment owned by the borrower then or
thereafter acquired or affixed to or used by the borrower in the operation of the
mortgaged premises, including without limitation additions replacements substitutions
and after acquired property.
10. Contract: The borrower must comply with all elements of its City of Clearwater
agreement dated March 19, 2010 and any amendments thereof.
11. This commitment becomes null and void in the event that it is established that there is
anyone currently residing in the above referenced residence or in the event that someone
will be displaced as a result of this transaction.
12. This loan is not assumable by another party without a written request from the borrower
and written approval from the City of Clearwater.
13. The loan will be evidenced by a Land Use Restrictive Agreement, Mortgage & Note, and
HOME Investment Partnership (HOME) Program and State Housing Initiatives
Partnership (SHIP) Program Covenants. The borrower must adhere to any and all
covenants of the preceding documents.
Thank you for your commitment to the provision of affordable housing for our City’s residents.
Sincerely,
___________________________ _______________
Geri Campos Lopez Date
Director
Economic Development and Housing
Attachment number 6
Page 2 of 3
February 18, 2010
Loan Commitment
Pine Berry Senior Limited Partnership, a Florida limited liability company
Page 3 of 3
The undersigned agrees to the above referenced terms and conditions and further agrees to abide
by the requirements of the City of Clearwater’s Housing Division and Home Investment
Partnership (HOME) Program and State Housing Initiatives Partnership (SHIP) Program.
By: __________________________ _____________
Date
Name: _______________________
Title: _______________________
Attachment number 6
Page 3 of 3
- 1 -
Attachment “B”
DECLARATION OF RESTRICTIVE COVENANTS
CITY OF CLEARWATER
HOME Investment Partnership Program &
State Housing Initiatives Partnership Program
THIS DECLARATION, made this 19th day of March of 2010 by PINE BERRY SENIOR
LIMITED PARTNERSHIP, a Florida limited liability company, its successors, assigns and
transferees of the project described below, whose property will be 1225 Highland Avenue,
Clearwater, Florida and hereinafter called (“Borrower”) and the City of Clearwater, Florida, unit
of local government organized and existing under the laws of the State of Florida hereinafter
called (“City”).
WHEREAS, the Borrower shall acquire the certain real property described herein for the
development of an 80 unit apartment project and agrees to the City that the real property
executed Mortgage and Note shall contain the restrictive covenants set forth herein.
WHEREAS, the Borrower agrees that the restrictive covenants shall remain in full force
and effect against the real property until the end of the affordability period.
This Agreement shall be properly filed and recorded by City in the Official Public
Records of Pinellas County, Florida and shall constitute a restriction upon the use of the property
subject to and in accordance with the terms contained herein.
IN CONSIDERATION of funds from the City through the HOME Investment
Partnership Program and State Housing Initiatives Partnership(SHIP) Program will provide to the
Borrower a loan to finance the acquisition and closing costs of the real property in the City of
Clearwater, Pinellas County, Florida as described:
LEGAL DESCRIPTION ATTACHED.
PARCEL I.D. xx-xx-xx-xxxxx-xxx-xxxx
Attachment number 7
Page 1 of 3
- 2 -
This acquisition, or a portion thereof, which has the address of 1225 Highland Avenue,
Clearwater, Florida and which is described in the mortgage between the City and the borrower.
The Borrower acknowledges that this agreement is necessary to comply with the affordability
requirements of the HOME Investment Partnership Program and the State Housing Initiatives
Partnership (SHIP) program, from which funds were obtained to finance such loan and will
comply with the following:
The Borrower will maintain the affordability of the real property for the affordability
period of thirty (30) years beginning on the date of the mortgage. Should the Borrower sell the
property to any willing buyer at whatever price the market will bear, the sale will trigger
repayment.
Throughout the thirty (30) year life of the mortgage, if the Mortgagor should sell,
refinance, transfer ownership, the entire original loan balance, during the affordability period, is
due and payable to the City of Clearwater.
The City will use the recapture provision for repayment of the loan should the Borrower
not abide with the affordability period. The repayment amount due and payable at sale or transfer
of ownership shall be the balance due at the time of the actions listed above plus any interest,
penalties, or any payments due thereof.
The HOME Investment Partnership Program and the State Housing Initiatives
Partnership (SHIP) Program Fund assisted units must meet all applicable State and local housing
quality standards, code requirements and accessibility requirements at 24 CFR Part 8, which
implements Section 504 of the Rehabilitation Act of 1973 and covered multifamily dwellings as
defined at 24 CFR 100.20, and must also meet the design and renovation requirements at 24 CFR
100.205, which implement the Fair Housing Act. Construction of housing units must meet the
Model Energy Code.
Attachment number 7
Page 2 of 3
- 3 -
The Borrower shall permit the City or its designee to inspect all records pertaining to
HOME Investment Partnership Program and State Housing Initiatives Partnership Program
assisted units upon reasonable notice and within normal working hours and shall submit to the
City such documentation as required by the City to document compliance with this Agreement
and HOME and SHIP rules.
This Agreement and the covenants contained herein shall run with the land and shall
bind, and the benefits shall inure to, respectively, the Borrower its successors and assigns and all
subsequent owners of the project or any interest therein, and to the City for the Period of
Affordability set forth in this Agreement.
The benefits of this Agreement shall inure to, and may be enforced by the City for the
Period of Affordability, whether or not the City shall continue to be the holder of the Mortgage,
whether or not the project loan may be paid in full, and whether or not any bonds issued for the
purpose of providing funds for the project are outstanding.
The Borrower maintains that they will not execute any other agreement with provisions
contradictory to, or in opposition to, these provisions hereof, and that, in any event, the
requirements of this agreement are paramount and controlling as to the rights and obligations
herein set forth and supercede any other requirements in conflict herewith.
This agreement and the covenants contained herein shall run with the land and shall bind,
and the benefits shall inure to, respectively, the Borrower and its successors and assigns and all
subsequent owners of the property or any interest therein, and to the city for the period of
affordability set forth in this agreement.
The Borrower has executed this agreement the day and year first above written:
FOR________________________________
BY________________________________
Attachment number 7
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Appoint an Audit Committee, consisting of a Councilmember, a citizen and three city staff, for five year terms in compliance with
Section 218.391, Florida Statutes.
SUMMARY:
Per Council Policy adopted December 3, 2009, the Council will appoint an audit committee, for selection of the external auditors via a
competitive request for proposal process, and for management of the audit process as appropriate.
The current agreement with the City's external auditors expires with the fiscal 2009 audit currently underway. Appointment of an audit
committee is needed at this time to begin the request for proposal process for the next five year term.
Official Records and Legislative Services has coordinated a recruitment for the citizen appointee.
The three City staff members recommended for appointment include: Laura Mahoney, City Attorney's Office; Robin Gomez, Internal
Audit; and Clem Vericker, Finance. Staff member recommendations were based upon the staff members expertise and education,
while keeping in mind that members of the committee would be prohibited from speaking to each other on audit matters outside of a
formally announced audit committee meeting.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Clerk
Cover Memo
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Page 1 of 2
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Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Direct staff to proceed with steps neccessary to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds,
Series 2001 on February 1, 2011 and to transfer $7,570,000 of unrestricted reserves ($4,600,000 from the Special Development Fund
and $2,970,000 from the Central Insurance Fund) to the General Fund for transfer to the debt service fund to be used to redeem all
outstanding principal of these bonds on February 1, 2011. (consent)
SUMMARY:
The $11,740,000 City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001, were issued on November 1, 2001
to provide funds to defease the City’s outstanding Florida Public Service Tax and Bridge Revenue Bonds, Series 1985 and Improvement
Revenue Bonds, Series 1995 (Police Building). The remaining balance on 2001 bonds is solely related to the Police building.
The scheduled final maturity date of the 2001 bonds is February 1, 2026 and, if not called via an early redemption, will require an
average annual General Fund budget for debt service (principal and interest) in excess of $775,000 each fiscal year through fiscal 2025,
a commitment totaling nearly $11.9 million.
The interest rates of the bonds maturing in 2012 through 2026 range from 4.1% to 5.25%. Calling these bonds early will save the
General Fund $3.7 million in interest expense over the fifteen year period.
The total cash required on February 1, 2011 will be approximately $8,831,000 ($8,540,000 principal, $209,000 interest, and $82,000
call premium) and includes the scheduled principal and interest payment on that date of $579,054. Cash that will be available in the debt
service fund is estimated to be approximately $1,261,000. The remaining balance of cash needed in the amount of $7.57 million is
available in the Special Development Fund unrestricted reserves ($4,600,000) and the Central Insurance Fund unrestricted
reserves ($2,970,000). Any funds remaining after redeeming the bonds will be returned to the General Fund. There are
sufficient Special Development Fund unrestricted reserves and Central Insurance fund unrestricted reserves available and they are an
appropriate funding source for the debt redemption and are not restricted in anyway.
The cash projection for this presentation is based on the assumption that if Council approves this recommendation the $775,000 +/- debt
service requirement will be eliminated effective with the Fiscal 2011 General Fund budget.
Appropriation Code Amount Appropriation Comment
0142-07000-590200-581 $4,600,000 Transfer to General Fund
0590-07000-590200-581 $2,970,000 Transfer to General Fund
0010-00000-381x42 ($4,600,000)Transfer from Spec. Dev. Fund
0010-00000-381x90 ($2,970,000)Transfer from Central Insurance Fund
0010-07000-592x00-581 $7,570,000 Transfer to Debt Service Fund
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
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve the purchase of property and equipment breakdown insurance from April 1, 2010 through April 1, 2011, at the level of
insurance provided for in this agenda item, including a $60 million limit and $30 million Flood limit, at amount not to exceed
$2,300,000 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Risk Management Division of the Finance Department has requested Arthur J. Gallagher and Co. - (Florida) to obtain quotes for
the property insurance program expiring April 1, 2010.
Risk Management is recommending a $60M limit and a $30M Flood limit at an annual premium of approximately $2,261,815.
Additionally, it is recommending the City renew its Equipment Breakdown policy with Travelers at a premium of $11,489.
This insurance coverage as recommended has several enhancements to last year’s program.
The Property limit has been increased to $60M from $50M.
The Flood sub-limit has been increased to $30M from $20M.
The self-insured retention (except for named storms) has decreased from $300K per occurrence to $100K per occurrence. The
named storm self-insured retention remains at 5 percent with a minimum self-insured retention of $500K.
The primary layer of insurance has remained with the same carriers. Some of the carriers in subsequent layers have changed.
Several other options of coverage were offered, including:
A limit of $50M/$20M Flood sublimit $2,123,701 (expiring limits)
A limit of $50M/$30M Flood sublimit $2,159,261
A limit of $60M/$20M Flood sublimit $2,226,259
Risk Management believes that should the coverage as recommended be placed, the City’s property risks are covered at levels and rates
which, when taken together as a whole, represent a reasonable insurance program for the City.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:$2,300,000 Total Cost:
For Fiscal Year:2010 to 2011
Appropriation Code Amount Appropriation Comment
590-07000-545100-519-000 $2,300,000
Cover Memo
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Other
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Property Insurance Renewal
4/1/10-4/1/11
No Insurance
for $524,512,617M of Values
After Self-Insured Retention
(TIV: $584,612,617)
Aspen Specialty & Companion Specialty
$10M XS $50M
Premium $102,558
Endurance
$15M XS $35M
Premium $323,608
Arch Specialty
$5M XS $30M
Premium $136,196
Max Specialty & Ironshore
$10M XS $20M
Premium $322,568
__________________________________________________________________________________________
Landmark American Insurance Co/Lexington Ins. Co.
$20M Primary
Premium $1,376,889
$100,000 All Other Perils
5% with minimum of $500,000 Named Storm
No Insurance
2/25/10
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve payment in an amount not to exceed $35,000, for resolution of City claim 10000004, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
City vehicle G2747, a 2004 Pierce Fire Engine, was damaged when the truck was driven into the fire station with the ladder rack in a
raised position.
The estimated cost to repair the vehicle and replace the damaged ladders is $30,346.35. Repair is not yet complete, and supplemental
bills are possible. Risk Management is requesting authorization in the amount of $35,000 to resolve this first party claim.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$35,000 Annual Operating Cost:
Not to Exceed:$35,000 Total Cost:$35,000
For Fiscal Year:10/1/2009 to 10/1/2010
Appropriation Code Amount Appropriation Comment
590-07000-545900-519-000 $35,000
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
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve a monthly recreational license agreement between the City of Clearwater and recreational boat owners at the Downtown Boat
Slips, the Clearwater Municipal Marina, and Island Estates and adopt Resolution 10-05.
SUMMARY:
The proposed update of the recreational dock permit to a recreational license agreement is intended to bring the format and common
rulings into conformity with the commercial license agreement, prior to the opening of the Downtown Boat Slips. Exhibits, such as the
rules and regulations and hurricane plan form are only for reference.
Included in the recreational license agreement are changes to the requirement of paying the first two months up front, to applying the
two month’s rent to the first and last month rent. The final month’s rent is non-refundable and will only be applied “if the Permitee
notifies the Marine and Aviation Director, in writing, of Permitee’s intent to not renew the permit thirty-one (31) days or a month,
whichever is shorter, prior to the anticipated final month, ...”
Currently, there is a monthly average of thirty (30) open slips between the Clearwater Municipal Marina and Island Estates. Of the
possible 126 Downtown Boat Slips, deposits have been placed on 30 slips. It is hoped the changes will make slip rental more attractive
to tenants without adding additional regulation/restriction and at the same time protect the City's interest.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 10-05
RESOLUTION NO. 10-05
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING A MONTHLY RECREATIONAL
LICENSE AGREEMENT TO REPLACE THE
RECREATIONAL DOCK PERMIT BETWEEN THE CITY OF
CLEARWATER AND RECREATIONAL BOAT OWNERS AT
THE DOWNTOWN BOAT SLIPS, THE CLEARWATER
MUNICIPAL MARINA, AND ISLAND ESTATES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater wishes to replace the current recreational
dock permit for recreational boat owners with a recreational license agreement, to bring
the document into conformity in format and common rulings with the commercial
license agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby approves a revised monthly license
agreement for recreational boat operators at the Downtown Boat Slips, the Clearwater
Municipal Marina, and Island Estates.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2010.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Recreational Dock Permit Page 1 of 14
City of Clearwater Marine and Aviation Department
Clearwater Municipal Marina
25 Causeway Blvd., Clearwater, Florida 33767
Phone (727) 462-6954 Fax (727) 462-6957
Recreational Docking Permit
Date: Commencing:
Slip #: Facility: Beach Marina _____ Island Estates _____ Downtown _____
Current Monthly Base Fee $ Dock Box: (if applicable)
Owners Name:
Owners Address:
City: State: Zip:
Owners Phone: Alternate/Emergency Contact Info:
Home: Name:___________________________________
Phone:___________________/Cell:________________
Email:
Work:
Cell:
Owner’s Email:
U.S. Coast Guard Lic. #: Expiration Date:
Vessel Name:
Vessel Registration:
Vessel Documentation:
Vessel Description:
Maximum Length: Maximum Width: Maximum Draft:
Power: Amperage: 30___ 50___ 100___ more:___
Make:
Model: Year:
HIN#:
Fuel: Gas : ___ Diesel:___ Other____ Tanks Total Capacity:_______ gallons
Hull Material:
Wood: ___ Steel: ____ Fiberglass: _____ Aluminum: _____
Other:
Propulsion:
HP: ______ Inboard: ____ Outboard: ____ I/O: ____ Sail: __
Engine Make: _________________________
Boat Type:
Example:
Aft Cabin Cruiser Cuddy Cab Deck Fishing
General House Pontoon PWC Runabout
Sail Speedboat Sportfish Trawler Yacht
The undersigned hereby makes application for a Slip Permit (hereinafter Permit) and for the berthing accommodations
for the vessel named herein. By signature below, the applicant acknowledges having read, understood, and agrees to
abide by all conditions of this Permit as printed hereon and by the Rules and Regulations, which are available upon
request, governing occupancy of the space and use of facility. By signature of its authorized official, the City of
Attachment number 2
Page 1 of 14
Recreational Dock Permit Page 2 of 14
Clearwater approves the issuance of this Permit subject to the terms and conditions referred to below. Applicant
(hereinafter Permittee) agrees to keep current all information.
Conditions of License Agreement
1. Conditions & Authority:
A. The City of Clearwater’s Marine and Aviation Director or designee shall be authorized to
execute, administer and provide for notification of this Permit.
B. The term of this Permit shall not exceed thirty-one (31) days or a month, whichever is
shorter. The City reserves the right to renew this Permit on a month-to-month basis,
unless sooner terminated in accordance with, and pursuant to, the terms and conditions
of this Permit, the Code of Ordinances of the City of Clearwater, or the duly adopted
rules and regulations for the Municipal Marina.
C. This Permit is non-transferable and applies only to the above-named vessel, owner
and/or operator, facility and slip.
D. The City reserves the right to change the rental rate for space by hand-delivering or 1st
class mailing written notice to the owner at the above addresses (Code of Ordinances
Sec. 33.027 and Sec 33.028) thirty (30) days prior to the rental rate change.
2. Use:
A. In return for Permittee’s proper performance of all obligations, City shall provide
Permittee lawful use of the facility and slip in reasonably good condition, and without
unreasonable disturbance.
B. This Permit shall not confer upon the Permittee ownership interest in the boat slip, the
submerged lands under the slip, or the Marina facilities.
C. Permittee shall use the slip for docking or mooring space for the above named vessel
only. Any other use of the slip by Permittee is not authorized without written consent of
the City; consent for other use may be withheld at City’s sole and exclusive discretion.
All auxiliary vessels (dinghies, personal watercraft, tenders, etc.) associated with
named vessel shall be properly secured on named vessel and not left in the water of
the assigned slip or adjoining areas.
D. Permittee shall not deposit or allow refuse or waste to be deposited into the slip or on
the dock. All waste must be properly deposited and contained within the appropriate
containers supplied by City. Permittee must comply with all laws relative to proper
storage, removal and disposal of refuse including waste oil, fuel and batteries.
E. Permittee shall not create or cause a nuisance to others to occur or continue at the slip.
The determination of what constitutes a nuisance shall be at the sole discretion of the
Marine and Aviation Director or designee.
F. Permittee and invitees making use of the slip understand that living aboard vessels is
Attachment number 2
Page 2 of 14
Recreational Dock Permit Page 3 of 14
prohibited. Individuals making legal use of the slip may avail themselves of overnight
accommodation in the slip no more than eight (8) evenings per month.
G. Permittee shall not conduct or engage in any illegal activity at the slip, on Municipal
Marina property, or upon Permittee’s vessel.
H. Permittee, in the use and occupancy of the slip, shall promptly comply with all statutes,
ordinances, rules, orders, regulations, and requirements of any governmental agency
with authority over the Municipal Marina.
I. Permittee shall not act in a manner, or permit any act, that will conflict with provisions of
any insurance policies covering the Municipal Marina.
J. The mooring and operating of vessels at the Municipal Marina is subject to the
ordinances, rules, and regulations of the City of Clearwater, and the terms of this
Permit.
3. Assignments and New Permit Submittals:
A. Except as provided herein, specifically, paragraph 13, Permittee shall not assign or
encumber this Permit, nor assign or transfer in any way, an interest in Permittee’s
vessel, nor use or permit the use of the Slip for any purpose other than provided for by
the terms of this Permit. Permittee shall not sublet the Slip, or any part thereof.
B. Any new Permittee, including any assignee, prior to execution of any assignment or
new Permit, must submit, for City review, an application to the City.
C. The City, in its sole discretion, reserves the right to reject any application based on
false or misleading information, prior or current criminal conviction, incomplete or
inaccurate application information, or any other similarly related cause.
4. Required Documents:
Copies of the following documents are required to be on file in the marina office:
i. the current Florida vessel registration and all applicable renewal documents
shall be provided to the Marine and Aviation Director or the Director’s
designee within 30 days of vessel registration expiration;
ii. proof of valid and current vessel insurance shall be provided to the Marine
and Aviation Director or the designee thirty (30) days prior to expiration of
such insurance; and
iii. if applicable, current United States Coast Guard vessel documentation shall
be provided to the Marine and Aviation Director or the Director’s designee;
5. Payment of Dockage Fees:
A. Prior to the issuance of this Permit, Permittee must remit to the City the equivalent of the
first and final months’ dockage fee. Permittee understands that these funds will be applied
Attachment number 2
Page 3 of 14
Recreational Dock Permit Page 4 of 14
to the first month’s dockage fee, and the final month’s dockage fee is non-refundable. Only
if the Permittee notifies the Marine and Aviation Director, in writing, of Permittee’s intent to
not renew this Permit thirty-one (31) days or a month, whichever is shorter, prior to the
anticipated final month, the City will apply the remaining funds toward the final month’s
dockage fee. Permittee understands that the City will not refund any interest generated by
any funds collected.
B. Dockage fees and other applicable fees will be invoiced to the Permittee’s mailing address,
as provided in this application. The invoice may be e-mailed upon Permittee’s request.
C. All payments shall be made without demand to the City of Clearwater, Marine and Aviation
Department, 25 Causeway Blvd., Clearwater, Florida 33767, or at such other place and to
such other persons as the City may occasionally designate in writing and upon receipt of
invoice, shall be received by City on or before the first of each month, and no later than the
fifth (5th) business day of each month.
D. If the permit is issued on a date other than the first day of the month, the first month’s slip
rent shall be prorated to reflect a deduction of rent equal to the difference of calendar days
between date of Permit issuance and the first of the month.
E. After the fifth (5th) business day of each month, late fees will be assessed in the amount of
Thirty Dollars ($30.00) per billing cycle. In addition, City may place a lien against
Permittee’s vessel(s), or any vessel(s) hereafter moored by Permittee at the slip, including
the appurtenances and contents thereof, in the event any unpaid sums for the use of
docking facilities or other services become more than thirty (30) days past due, or in the
event the Permittee or Permittee’s property causes or contributes to any injuries or damage
to any docks or property of the City or to any other property or persons at the Municipal
Marina [F.S. 328]. Moreover, failure to pay dockage fees for more than thirty (30) days may
result in the cancellation of the Permit and removal of the vessel(s) at the Permittee’s
expense [Code of Ordinances Sections 33.028 & 33.029].
F. Permittee may request credit card processing each month upon submission of a completed
authorization form containing the Permittee’s signature. A five-dollar ($5.00) administrative
fee will be added each month for the expense of processing the credit card payment.
6. Utilities:
A. Permittee shall be responsible for the payment of electric utility usage for the slip. Electric
meters will be read monthly and the billing of such will be reflected on the monthly slip
invoice.
B. Utilities fees shall be incorporated into the Dockage Fees due each month.
C. Utilities shall be paid for by the Permittee in the same manner as indicated in paragraph 5,
and in the event of non-payment, shall be subject to the same penalties as indicated in the
same paragraph.
7. Insurance:
A. The vessel must at all times during the term of this Permit, maintain with an insurance
Attachment number 2
Page 4 of 14
Recreational Dock Permit Page 5 of 14
company, acceptable to the City, a Public Liability and Property Damage policy with at
minimum $10,000.00 in coverage for any damage done by Permittee’s vessel to City docks
or other property within the marina.
B. Permittee agrees to have Permittee’s vessel insured by liability insurance and to be held
responsible for damage caused to other vessels in Clearwater Municipal Marina or to the
structures thereof.
C. The Permittee shall provide the City with a copy of the insurance policy evidencing
coverage of the vessel upon execution of this Permit and provide the City evidence of
policy renewal no later than thirty (30) days prior to expiration of a policy.
D. Failing to provide proof of insurance upon acceptance of this Permit, to maintain valid
insurance during the span of this Permit, or to provide evidence of subsequent insurance
renewal will result in this Permit being null and void and the Permittee immediately
forfeiting the use of the slip.
E. Any contractors employed by vessel owner and/or Permittee shall register at the Municipal
Marina office prior to beginning work, providing a valid business tax receipt and proof of
insurance that is in compliance with the terms set forth herein and as designated by the
office of risk management of the City with limits of not less than $500,000.00 annual
aggregate and comply with all laws.
8. Indemnification:
A. It is expressly agreed by the parties that the City shall not be liable for any damage, injury
or death, which may be sustained by the Permittee, Permittee’s agents, servants,
employees, guests, invitees, or other persons, resulting from the intentional acts,
carelessness, negligence or improper conduct on the part of any other Marina Permittees
(or such Permittee’s agents, servants, employees, agents, or invitees), or by reason of the
breakages, leakage, or obstruction of the water, sewer or other leakage or condition, or
action of whatever nature or cause, in or about the Marina.
B. The indemnification provided herein shall include, but not be limited to, all costs, expenses,
and reasonable attorney’s fees incurred by the City of Clearwater in any action based on
the foregoing, including, but not limited to any action brought by Permittee, or Permittee’s
invitees, guests, employees, agents, heirs, or approved assignees.
C. The Permittee, hereby releases and agrees to indemnify and hold harmless the City of
Clearwater for any and all liability for personal injury, loss of life and property damage:
i. Arising out of the ordinary negligence of or any acts or omissions on the part
of the Permittee or Permittee’s agents, servants, employees, guests,
invitees, or other persons in connection with the use of the City of
Clearwater’s premises or use of the slip;
ii. In connection with the Permittee’s vessel, motor and accessories while it is
on the City’s premises; or
iii. For the loss or damage to the Permittee’s vessel, motor and accessories or
Attachment number 2
Page 5 of 14
Recreational Dock Permit Page 6 of 14
contents thereof due to fire, theft, collision, marina equipment failure,
windstorm, rain, hurricane, or other unforeseen events causing casualty loss.
D. Assumption of Risk and Disclaimer of Liability
i. This Marina facility is to be used at the sole risk of the Permittee, Permittee’s
agents, servants, employees, guests, invitees, or other persons making legal
and proper use of the slip, and the City of Clearwater shall not be liable or
responsible for the care or protection of the vessel, including gear,
equipment and contents, or for any loss of damage or whatever kind of
nature to said vessel, howsoever occasioned. There is no guarantee or
warranty of any kind as to the condition of the piers, catwalks, ramps, or
mooring gear, nor shall the City be responsible for injuries to persons or
property occurring thereon for any reason whether herein specifically stated
or not.
ii. Permittee acknowledges that Permittee has been advised that the City
Marina makes no representation or warranty offers to Owner a safe slip for
Owner’s vessel, or that City Marina offers the safest available refuge.
Permittee is fully responsible for all of the consequences of the vessel and
the vessel’s continuing presence in the City Marina as set forth in the Permit.
Permittee agrees to hold the City harmless in the event claims for damage
to other persons or property arise from the presence of Permittee’s vessel in
Marina.
iii. Nothing within this Permit shall constitute a waiver of the City’s sovereign
immunity under section 768.28, Florida Statutes.
iv. Permittee, Permittee’s agents, servants, employees, guests, invitees, or
other persons making legal and proper use of the slip shall assume the duty
to report all accidents to the Marine and Aviation Director or the Director’s
designee.
9. Conduct:
A. Disorderly conduct, which includes but is not limited to, public intoxication, directing
profanity or abusive language at other permittees, marina employees or members of the
public shall not be tolerated, and such conduct shall subject the disorderly party to
immediate removal from the Marina, possible criminal prosecution, and/or a permanent
trespass from the Marina. The Marine and Aviation Director or the Director’s designee shall
have final discretion in determining what constitutes disorderly conduct, and the Marine
and Aviation Director or the Director’s designee shall have the right to limit any activities
that are deemed to constitute disorderly conduct.
B. Since this permit does not bestow upon the Permittee an ownership interest in the Slip,
submerged lands, and/or appurtenant Marina facilities, the Permittee shall not list or
otherwise offer the slip for sale. The slip, submerged lands, and appurtenant Marina are
property of the City of Clearwater.
Attachment number 2
Page 6 of 14
Recreational Dock Permit Page 7 of 14
10. Right of Entry:
A. Vessel owner(s) hereby authorize City of Clearwater employees to board their vessel to
make adjustments to mooring lines or to move the above named vessel, as may be
required in an emergency situation, or to avoid any loss or damage.
B. The City has the right to enter the Slip to inspect, maintain, repair, or to make reasonable
alterations to said slip, such as but not limited to, dredging, dock or seawall repairs or other
necessary improvements.
11. Maintenance:
A. The City agrees to operate and maintain dockage and mooring facilities at the Municipal
Marina in a reasonably clean, sanitary, and safe condition during normal hours of operation
and to comply with federal, state, and local laws and regulations and the terms and
conditions of federal, state and local permits regarding the operation and maintenance of
the Municipal Marina.
B. The City shall be responsible for the repair, maintenance and reconstruction, if and when
the need arises, of the slip and the Municipal Marina, unless needed repairs are caused by
the negligence or the wrongful acts of the Permittee, Permittee’s agents, servants,
employees, guests, invitees, or other persons making legal and proper use of the slip
under the control of the Permittee.
C. Permittee shall keep the slip in a reasonably clean, sanitary, and safe condition in
accordance with any rules, codes or regulations of any governmental agencies having
proper jurisdiction.
D. Permittee shall not make any improvements or alterations to the slip without the prior
written approval of the City, which approval may be withheld at City’s sole and exclusive
discretion. Moreover, Permittee shall not add, under any circumstances, accessory
structures to or otherwise modify the structure of the Downtown Slips.
E. If the Slip is destroyed or so damaged by fire or other casualty during the term of the
Permit so as to become not tenantable, City shall have the unfettered opportunity to render
said Slip tenantable by repairs within 120 days theref rom, and Permittee shall not be
obligated to pay any rent during the period of time that the Slip is not tenantable. In no
event shall rent abate. City shall not be required to make any repairs or replacement of slip
improvements other than those improvements provided by the City in accordance with the
terms of this Permit, nor shall the City be responsible for the replacement of the
Permittee’s vessel or personal property. If the slip is not rendered tenantable within such
120-day period, either party then has the option to terminate the Permit, and if the Permit is
so terminated, the rent shall be paid only to the date of such casualty. The termination
shall be conducted by directing written notice to the other party.
12. Vessel Owner’s Responsibility:
A. Vessels shall be kept in seaworthy and operational condition and shall not create fire
hazards, sinking hazards, or eyesores. If a vessel is observed in nonconformity to any of
the previously mentioned conditions or any other unsafe condition, the Permittee shall be
Attachment number 2
Page 7 of 14
Recreational Dock Permit Page 8 of 14
directed by the Marine and Aviation Director or the Director’s designee to remove the
vessel from the Marina. Permittee agrees to remove the vessel upon notification by the City
of nonconforming or unsafe condition(s) and may not return until the condition is remedied.
If a nonconforming or unsafe condition is not remedied or the vessel is not removed, the
Permittee is to be held responsible for all and any damage caused by the vessel to Marina
docks, pilings and structures. The Permittee shall keep the vessel properly moored and
dry within at all times. Large-scale repairs to vessels may not be performed in the Marina;
however, routine maintenance and minor repair necessary for the preservation and
seaworthiness of the vessel such as mechanical adjustment, minor painting, leak seals and
rot prevention may be performed within the Marina. Repairs that may be made in the
Marina are generally considered to be those which:
i. Do not disturb the public peace and tranquility of any person aboard
any vessel within the jurisdiction of the Marina.
ii. Do not contribute to a disorderly or unsightly appearance during the
process of repair or maintenance.
iii. Are capable of accomplishment with hand tools or certain portable
power tools normally carried aboard the vessel.
iv. Are confined to the vessel.
v. Do not pollute or put wastes in Marina waters.
B. Permittee, Permittee’s agents, servants, employees, guests, invitees, or other persons
making legal and proper use of the slip under the control of the Permittee shall abide by
the posted Marina rules and policies, which are incorporated into this permit herein.
13. Sale of Vessel Named in Permit:
A. If Permittee’s vessel is given, bequeathed, sold or otherwise assigned to an immediate
family member, which is defined to include a person related within the first degree of
affinity (marriage) or consanguinity (blood) to the existing Permittee, the Marine and
Aviation Director or the Director’s designee must authorize such assignment.
B. Authorization to assign the rights to this Permit shall not be construed as granting any
ownership interest in the slip or facility. The terms of this Permit with all rights and
obligations shall only be granted and assumed contingent upon the assignee meeting the
application requirements.
C. Should the Permittee sell the vessel named in this license, the Permittee shall notify, in
writing, the Marine & Aviation Director or designee of Permittee’s intent to sell the vessel
prior to the consummation of sale of such vessel. In this notice, the Permittee shall convey
whether Permittee will be filing a new application for a new vessel to be berthed in the slip,
or whether Permittee will not be berthing any vessel at the slip after the sale is
consummated. In the event that the Permittee elects not to berth a new vessel after a sale,
the slip shall be available for the City to rent to the next potential licensee on the waiting
list, if such list exists, or the next available potential licensee.
Attachment number 2
Page 8 of 14
Recreational Dock Permit Page 9 of 14
D. If the Permittee elects to retain the slip to berth another vessel, Permittee will have sixty-
(60) days from the date of the sale to acquire the replacement vessel titled in Permittee’s
name and place it in the slip. A request for an extension of one sixty (60) day period shall
be made in writing and may be approved at the Marine and Aviation Director’s discretion.
Failure to notify the Marine and Aviation Director of the need for a sixty (60) day extension
will result in termination of this Permit on the sixty-first (61) day.
E. The slip shall not be vacant for more than 120 days. On the 121st day, the Slip will become
available for a new licensee, unless the Marine and Aviation Director or the Director’s
designee, due to extenuating circumstances, specifically authorizes an extension.
F. Extenuating circumstances shall be determined on a case-by-case basis, and will be at the
discretion of the Marine and Aviation Director or designee.
G. During the period that the slip is vacant the City shall have the right to use the slip for
transient dockage with no compensation to Permittee, and the Permittee shall not allow
any other vessel to be placed in the Slip.
H. When the Permittee elects to retain the slip, the purchaser of the vessel will have no more
than thirty (30) days following the sale to remove the vessel from the Slip. The purchaser
will be charged the daily transient rate for any period the vessel is docked in the slip after
the thirty (30) day period following the sale of the vessel.
14. Lien against Permittee’s Vessel:
The City of Clearwater may impose a lien against the vessel named herein and the
vessel’s appurtenances for unpaid sums due for rental of space or other services, or from
damages caused to docks or other City owned property by the Permittee’s vessel.
15. Breach of Conditions:
Should breach of the conditions of this Permit occur, the rights herein conferred shall
terminate immediately and the City of Clearwater may remove or require that the vessel be
removed from the mooring space. The Permittee shall pay any cost incident thereto, and
any unexpired rental shall be forfeited.
16. Force Majeure and Hurricane Plan Requirement:
A. If the Permittee or the City fails to perform all or part of its obligations under this Permit due
to an event of force majeure (meaning an event beyond the reasonable control of the
affected party that is unforeseeable, or unavoidable and beyond remedy if foreseen, and
which happens after the execution of this Permit and renders the full or partial performance
of this Permit impossible or impracticable). Events of force majeure include, but are not
limited to floods, fires, draughts, hurricanes, tornados, and other acts of God, accidents,
strikes, insurrections, turmoil and war (whether declared or not) and any action or inaction
of any governmental authority). The performance of such obligations shall be suspended
during the period during which such performance is affected by the event of force majeure.
B. The Party claiming to be affected by an event of force majeure shall notify the other Party
in writing of the occurrence of such event as soon as possible, and shall, within fifteen (15)
Attachment number 2
Page 9 of 14
Recreational Dock Permit Page 10 of 14
days after the occurrence of such event, provide the other Party by personal delivery or
certified mail with appropriate evidence in support of the occurrence of the event of force
majeure. The Party claiming that its performance under this Permit has become impossible
or impracticable due to an event of force majeure shall make all reasonable efforts to
mitigate the effects of such event of force majeure.
C. If an event of force majeure occurs, both Parties shall immediately consult with each other
regarding the performance of responsibilities per this Permit, and, in the event of cessation
of the event of force majeure, shall immediately resume their respective obligations under
this Permit.
D. The Permittee shall provide a Hurricane Plan to the Marine and Aviation Director or the
Director’s designee. The Hurricane Plan shall be a detailed list of actions on what the
Permittee will do with the vessel in the event of a hurricane. It is strongly recommended
that the Permittee move the vessel from the marina and anchor it in a hurricane hole or
other safe location.
E. If the Permittee elects to leave the vessel at the Marina dock, Permittee must attach to the
Hurricane Plan a diagram that depicts the method to be employed in securing the vessel
during a hurricane/tropical storm. In the event of a major storm, the Marina requires all
mooring lines to be at least doubled and that the owners secure all loose items and that
multiple fenders be placed on the vessel to protect the vessel and the City dock(s) within
twenty-four (24) hours after having received storm warning from City staff.
F. Prior to the arrival of a major storm, the City will document and record the condition of the
docks and vessels. In the event the “contact persons” named in the Hurricane Plan cannot
be contacted, Marina personnel may secure the vessel(s) as best they can to protect City
property. This does not guarantee in any way that the Permittee’s property will be secured
by City personnel, nor does it release Permittee from liability from damage Permittee’s
vessel creates during a hurricane. Actions on behalf of the City will be taken as weather,
resources and operational commitments allow.
G. The Hurricane Plan must be included as Exhibit 1 of the Permit. Under current law, a
Permittee has the right to leave their vessel at the Marina during a hurricane.
H. The Permittee has a general obligation to keep their vessel in a secure condition at the
dock and do no harm to the dock or other boats. The standards of care are those of a
reasonably prudent vessel owner.
I. Permittee will be notified if high tide reaches the top of the lowest docks and the power
needs to be shut off to the lowest docks, including the fuel dock pumps until it is safe to be
turned back on.
J. In keeping with F.S. 327.59, The City of Clearwater hereby informs you that in the event
you fail to remove your vessel from the marina promptly (timeframe to be determined
between the marina operator and the vessel owner) after the issuance of a tropical storm
or hurricane watch for Clearwater, Florida, under Florida law, the undersigned or his or her
employees or agents are authorized to remove your vessel, if reasonable, from its slip or
take any and all other reasonable actions deemed appropriate by the undersigned or his or
her employees or agents in order to better secure your vessel and to protect marina
property, private property, and the environment. You are further notified that you may be
Attachment number 2
Page 10 of 14
Recreational Dock Permit Page 11 of 14
charged a reasonable fee for any such action. A reasonable fee will be at least twenty-five
dollars ($25.00) for labor, plus cost of materials and administration. (lines, billing, etc.)
A marina owner, operator, employee, or agent shall not be held liable for any damage
incurred to a vessel from storms or hurricanes and is held harmless as a result of such
actions. Nothing in this section may be construed to provide immunity to a marina
operator, employee, or agent for any damage caused by intentional acts or negligence
when removing or securing a vessel as permitted under this section.
17. Marina Rules & Regulations:
A. The City of Clearwater Municipal Marina Rules shall be provided.
B. The Permittee must adhere to the Marina rules and all local, state and federal laws.
Failure to do so will make this Permit null and void, and the Permittee will be required to
vacate the Slip.
C. Marina Rules may be amended from time to time to provide for safety concerns and what
is in the best interest of the City. In the event of a rule change, the modified Rules will be
posted at the Marina and a copy will be sent to those holding Slip Permits.
18. Entire Agreement:
This Permit, together with any additional Addendums and/or Exhibits attached hereto, shall
constitute the entire Agreement between the City and Permittee. No other Agreements
unless incorporated and made a part herein, shall be binding on either party. No
amendment or modification of this Permit shall be effective unless agreed to in writing by
Permittee and the City. This Permit, when fully executed will replace any docking
permit previously issued to the Permittee.
19. Applicable Law & Venue:
Parties agrees to hereby agree that Florida Statutes shall apply in enforcing provisions of
this contract and waive trial by jury in any action or proceeding brought to enforce the terms
of this Permit. The venue for any proceedings brought to enforce this Permit is in Pinellas
County, Florida.
20. Miscellaneous:
A. Should any provision of this Permit or any of the Exhibits attached hereto be deemed by a
Court of competent jurisdiction to be unenforceable, such determination shall not affect the
enforceability of the remaining provisions.
B. Use of one gender shall include all other genders; use of the singular shall include the
plural; and use of the plural shall include the singular, all as may be appropriate.
21. Waiver of any conditions by the City of Clearwater shall not be deemed to be a
continuing waiver.
Attachment number 2
Page 11 of 14
Recreational Dock Permit Page 12 of 14
This Permit consists of paragraphs 1 through 21 above and any additional Exhibits
attached hereto and entered into between Permittee and the City. Additional Exhibits attached to
this Permit are the following: Exhibit 1 - Hurricane Plan and Exhibit 2 – Marina Rules. This is
intended to be a legally binding Agreement and will be effective upon the date last signed by both
the Permittee and the Marine and Aviation Director or the Director’s Designee.
_______________________________ __________________________________
Applicant Date Marine & Aviation Director Date
_____________________________
Applicant Date
Attachment number 2
Page 12 of 14
Recreational Dock Permit Page 13 of 14
EXHIBIT 1
Hurricane Plan for Vessel: ___________________________ Date: __________
Name of Responsible Person/Party:
________________________________________________________________
Home Phone: ____________________ Cell Phone: _______________________
Other Phone: _____________________E-mail: ___________________________
Address: _________________________________________________________
City:____________________________State:__________Zip:_______________
Alternate Responsible Person/Party:
________________________________________________________________
Home Phone: ____________________ Cell Phone: _______________________
Other Phone: _____________________E-mail: ___________________________
Address: _________________________________________________________
City :____________________________State: __________Zip:_______________
The Marina office will contact the person responsible for the Hurricane Plan or their alternate
when a Hurricane Watch is declared for the Clearwater Area. The responsible person or party
or their alternate are required to make arrangements to either secure the vessel in the slip for
the storm or to move it as indicated below. It is the responsibility of the owner to keep contact
information and the hurricane plan current.
Do you intend to leave your vessel in the slip at Clearwater Marina during a hurricane?
Yes_____ No______
If you answered no, please indicate where you will take the vessel or anchor it.
If the answer is Yes, please indicate in the space below exactly how you will secure the vessel
in the slip, showing size and amounts of mooring lines, amount and size of fenders and any
other information you feel is necessary. (A drawing of the vessel and slip will satisfy this
requirement).
Applicant Date Marine & Aviation Director or designee
Attachment number 2
Page 13 of 14
Recreational Dock Permit Page 14 of 14
EXHIBIT 2
Marina Rules & Regulations
Attachment number 2
Page 14 of 14
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Award a contract(purchase order)to Wastequip Industrial for an amount not to exceed $ 250,000 for the purchase of compactors,
compactor parts, and roll-off containers, for the period March 19, 2010 through December 31, 2011, being the lowest bid received in
accordance with specifications and authorize the appropriate officials to execute the same. (consent)
SUMMARY:
The Solid Waste Department provides collection service for putrescible garbage, bulk trash, and construction and demolition debris
from both commercial and residential customers. Large amounts of this debris may be transported in either compactor or roll-off
containers by City collection vehicles to State-permitted disposal facilities.
The Purchasing Department advertised a request for bids (Bid 09-10) for the purchase of compactors, compactor parts, and roll-off
containers in the St. Petersburg Times on January 28, 2010 and also advertised on the City’s website from January 25th through
February 17th, 2010. The City received nine bids on February 17, 2010.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
N/A. Expenditures will be paid out of Commercial Container Acquisition CIP #96444.
Current Year Cost:Annual Operating Cost:
Not to Exceed:$250,000 Total Cost:
For Fiscal Year:
FY10
(Q2) to FY12
(1)
Appropriation Code Amount Appropriation Comment
0-315-96444-564000-534 $250,000 Not to exceed $250,000
Bid Required?:Yes Bid Number:09-10
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve the Local Mitigation Strategy developed for Pinellas County, recommend adoption by the Pinellas County Board of County
Commissioners and adopt Resolution 10-07.
SUMMARY:
The purpose of the Local Mitigation Strategy is to establish an ongoing process that will make hazard mitigation part of the daily
functioning of the entire community. The Local Mitigation Strategy serves as a bridge between local governments' growth management
plans, the county comprehensive emergency plan, land development regulations, and relevant ordinances and codes such as those for
floodplain management.
Most of the burden of recovering from a disaster falls squarely on the shoulders of local government. A major disaster can bring
extraordinary hardship to citizens, devastate the economic base and diminish its quality of life for years to come. If hardships seen in
other parts of the country can be avoided by making smarter decisions before the disaster, the best interest of our citizens, businesses
and communities will be served.
The purpose of the local mitigation strategy is to develop a "blueprint" or guide intended to provide a unified and consistent course of
action needed to eliminate or reduce the impact of disasters that threaten Pinellas county and its municipalities. Included in this strategy
is a list of projects that would improve our chance of survival.
City of clerwater project include:
Hardened mainland fire stations
Purchase 2000Kw trailer mounted backup generator for water pollution control plants
Construct an emergency operations center at Fire 48 training complex
Provide shutters and door coverings for Public Works Complex buildings
Purchase mobile antenna for citywide telemetry system
Provide seven backup generators for Northeast Plant
Hardened windows and doors, increase roof attachments, install generator at Countryside Recreation Center
Approving the plan and adopting the Resolution does not commit the City to fund the projects.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:None Annual Operating Cost:
Not to Exceed:Total Cost:None
For Fiscal Year: to
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
Resolution No. 10-07
RESOLUTION NO. 10-07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, SUPPORTING THE LOCAL MITIGATION
STRATEGY DEVELOPED FOR PINELLAS COUNTY AND
RECOMMENDING ADOPTION BY THE BOARD OF
COUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater resides in an area that is vulnerable to natural
and man-made disasters; and
WHEREAS, the City supports efforts to make our community more disaster
resistant, thereby reducing the costs of disasters; and
WHEREAS, the State of Florida has designated that a Local Mitigation Strategy
is the first step in the process of making a community disaster resistant; and
WHEREAS, by adopting this strategy, the frame work for future mitigation efforts
and post disaster redevelopment is established and recovery time can be reduced; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater, Florida approves the Local Mitigation
Strategy developed for Pinellas County, and recommends it be adopted by the Pinellas
County Board of County Commissioners.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2010.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Rob Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Accept a Water Main and Utilities Easement 10 feet in width over, under, across and through a portion of the Southeast 1/4 of Section
29, Township 28 South, Range 16 East, Pinellas County, Florida, conveyed by the School Board of Pinellas County, Florida, given in
consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent)
SUMMARY:
In 2009 Heritage United Methodist Church undertook redevelopment of the southerly five acres of church grounds at 2680 Landmark
Drive.
About the same time the Pinellas County School board undertook improvements at adjoining Leila G. Davis Elementary School, 2630
Landmark Drive.
To facilitate the church project the School Board granted the City a small 120 square foot water main easement to permit Heritage
connection to an 8-inch City water main servicing school facilities.
During the permitting process for the church redevelopment project the City discovered it had never received formal easement over its
existing water main providing service to the elementary school.
The subject easement corrects that oversight and provides the City with perpetual easement authority to maintain and replace as
necessary all of its existing potable water facilities serving the school, as well as the earlier connection for the Heritage water service.
The authority extends five feet each side of the existing lines.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
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EASEMENT
LOCATION
SR 580
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LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com JHHEB N.T.S.222BXX-XXs-XXe6/24/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
LEILA B. DAVIS ELEMENTARY SCHOOL
WATER MAIN EASEMENT
Legend Parcel Boundary
Bldg Footprint
Clearwater Service Area
Outside CLWTR City limits
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Award a contract for the Morningside Neighborhood Traffic Calming project (07-0008-EN) to R.A.M. Excavating, Inc., of Palm
Harbor, Florida, in the amount of $1,399,790.70, which is the lowest responsible bid received in accordance with plans and
specifications, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This project involves construction of traffic calming features in the Morningside community envisioned by
community residents at the Morningside Traffic Calming Charrette and supported by a petition signed by owners
of approximately 65% of the parcels in the project area. The engineering plans were reviewed for faithfulness to
their charrette vision by residents belonging to the Morningside Traffic Calming Tech Team at the 30, 60, 90 and
100% milestones. The Morningside-Meadows Homeowners' Association supports the project. The Tech Team
and the Morningside-Meadows Homeowners' Association have kept the Morningside community informed about
the project through personal contact, community meetings, and the Morningside-Meadows Homeowners
Association’s website and the association’s official publication, the News of Morningside-Meadows.
Traffic calming features include construction of three modern 1-lane roundabouts on Harn Boulevard, landscaped
bulb-outs in the parking lane on Harn Boulevard and two mini-roundabouts elsewhere. The design is compatible
with the existing speed tables on Harn Boulevard and Stewart Boulevard.
Work will commence upon award and execution of the contract and will be completed within 320 calendar days.
Ongoing maintenance of the landscaping elements of the project will be provided by Parks & Recreation
Department. The landscaping plant palate and irrigation was designed, with Parks Department input, for low
maintenance. Street signage and pavement markings will be maintained by the Traffic Operations Division.
Sufficient budget and revenue are available in Capital Improvement Program (CIP) projects 0315-92259, Traffic
Calming, in the amount of $1,393,256.70 and 0315-96124, Storm Pipe System Improvements, in the amount of
$6534.00 for a total value of $1,399,790.70.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$ 1,399,790.70 Annual Operating Cost:
Not to Exceed:$1,399,790.70 Total Cost:
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
0315-92259-563700-541-
000-0000
$1,373,256.70
Cover Memo
0315-96124-563700-541-
000-0000
$6534
Bid Required?:Yes Bid Number:
07-
0038-
EN
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
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Page 2 of 4
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Attachment number 2
Page 3 of 4
Compatibility Report for EXCEL BID TAB.xls
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Minor loss of fidelity # of occurrences
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355
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Attachment number 2
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation, a distribution
easement over, across and through the South 10 feet of Lot 4, SPENCER HEIGHTS, in consideration of the mutual benefits, covenants
and conditions contained therein, and authorize appropriate officials to execute same. (consent)
SUMMARY:
The City has commenced construction of Spencer Pond, a nearly one-acre neighborhood retention pond lying south of Turner Street
between Spencer and Duncan Avenues.
Progress Energy presently has an overhead distribution line that extends directly across the developing pond to Turner Street.
For safety and maintenance reasons the utility has requested the City grant it an easement to permit rerouting its line west to Spencer
Avenue along the south bank of the pond, then north again to Turner Street to avoid having it extend directly above the pond itself.
The subject easement will provide Progress Energy a ten foot corridor along and above the south bank of the proposed pond to
accomplish the desired redirection at the utility's sole cost and expense.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY
FLORIDA, INC., a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to
its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and
maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and
communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or
others, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in
Pinellas County, to wit:
A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be installed
at mutually agreeable locations over, across and through the following described property to accommodate present and
future development:
The South ten feet (10’) of Lot 4, SPENCER HEIGHTS, according to the map or plat thereof as
recorded in Plat Book 66, Page 102, Public Records of Pinellas County, Florida.
Tax Parcel Number: 14/29/15/84753/000/0040
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to
restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs,
alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or
maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change
the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs,
undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and
efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or
remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE,
endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the
reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose
of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for
GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use
of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to
entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to
others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict
with the rights granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so
as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the
opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s
facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to
another mutually agreed upon Easement Area in GRANTOR’s premises, provided that prior to the relocation of said
facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and
(b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover
the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to
the portion vacated by such relocation. This legal description was provided by GRANTOR.
GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in
GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and
hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting from the negligent or
wrongful act or omission related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees
This document prepared by R. Alexander Glenn
Return to: Progress Energy Florida, Inc.
3300 Exchange Place
Lake Mary, Florida 32746
14
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29
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Attachment number 1
Page 1 of 2
Rev 10/08
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28
or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as
consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of
sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or
damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the
construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in
which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey
this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this
easement.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the
heirs, successors, lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its
proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of
___________________________, 2010.
GRANTOR:
Countersigned: CITY OF CLEARWATER, FLORIDA
______________________________________ By: ______________________________________
Frank V. Hibbard, Mayor William B. Horne, II, City Manager
Attest:
_______________________________________
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater,
Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use
and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this ______ day of _______________________________, 2010.
___________________________________________ My commission expires:
Notary Public
Type/Print Name ____________________________
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of
Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed
for the use and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this ______ day of _______________________________, 2010.
___________________________________________ My commission expires:
Notary Public
Type/Print Name ____________________________
Attachment number 1
Page 2 of 2
EASEMENT
LOCATION
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LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com JHHEB N.T.S.297BXX-XXs-XXe2/17/2010Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Progress Energy Easement
at Spencer Pond
Legend Parcel Boundary
Bldg Footprint
Waterbodies
Outside CLWTR City limits
Clearwater Service Area
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve the Jones Edmunds and Associates, Inc. (Jones Edmunds) supplemental work order in the amount of $25,550 for additional
engineering design services for Pump Station Replacement at Marshall Street Advanced Pollution Control Facility (APCF) (09-0028-
UT)and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The original Jones Edmunds work order in the amount of $109,680 was approved by the City Council on 8/6/09.
During the 50% design phase, geotechnical investigations revealed that potential contamination may be present in the soil and
groundwater at the location of the proposed new wetwell. A hydraulic analysis also identified potential problems up stream of the
proposed wetwell that could cause an overflow at peak flow periods. The costs of additional construction required to rectify the
potential overflow warranted a reevaluation of the options for the new wetwell.
It was determined that the use of nearby idle reclaimed water wet well is now the most cost effective approach.
This Agenda Item provides for additional engineering and design services, by Jones Edmunds, for the evaluation and design to
reuse existing reclaimed wetwell as new filter feed pump station, as well as provide for recovery of costs incurred for the review and
recommendations of soil and water contamination, and the hydraulic evaluation of the clarifier influent pipe.
Jones Edmunds is one of the City’s current Engineers-of-record and the work order was thus prepared in accordance with the
Consultants Competitive Negotiations Act.
The Public Utilities Department, Wastewater Flow and Treatment section will own and operate this facility when completed.
Sufficient Utility Repair and Replacement budget and revenue is available in 0327-96202, WWTP Screw Pump Replacements for
$25,550 to fund the supplemental work order
Type:Capital expenditure
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$25,550.00 Annual Operating Cost:
Not to Exceed:$25,550.00 Total Cost:$25,550.00
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
0327-96202-561300-535-
000-0000
$25,550.00see summary section
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 4
Attachment number 1
Page 2 of 4
Attachment number 1
Page 3 of 4
Attachment number 1
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve a work order with PBS and J Inc. of Tampa, an Engineer of Record, for Stormwater and Solid Waste permitting services for
the Sherwood Yard Facility in the amount of $111,595.06 and authorize tha appropriate officials to execute same. (consent)
SUMMARY:
Sherwood Yard is the City's existing Public Services and Public Utilities waste transfer facility that is bordered by the Clearwater
Airpark on the west, Arcturas Ave on the east and the Public Service/Public Utilities on the north.
The facility currently accepts waste from the Public Services and Public Utilities operations to be stored before transfer to the proper
disposal site along with providing a self contained wash area for the vehicles used in these operations.
The primary purpose of this project is to meet all of the state’s current standards and regulations, resulting in a more efficient and
environmental friendly facility.
Sufficient budget and revenue is available in Capital Improvement Program project 0315-96158, Transfer Yard Upgrade to fund this
Work Order.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$111,595.06 Annual Operating Cost:
Not to Exceed:$111,595.06 Total Cost:$111,595.06
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
0315-96158-561200-539-
000-0000
$111,595.06
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
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Sherwood Yard Project Location Map
Prepared 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
MRHPTV
N.T.S.271A12-29s-15e
3/1/10Drawn By:Reviewed By:
S - T - RGrid #
Date:
Scale:
Sherwood Yard FDEP ERP and Solid
Waste Permit Modifications
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Dedicate as public right-of-way, a City-owned parcel of land lying and being situate in a portion of LLOYD-WHITE-SKINNER
SUBDIVISION, containing 12,600 square feet, more or less, to be known as Second Street,adopt Resolution 10-08 and authorize
appropriate officials to execute same.
SUMMARY:
On March 3, 2005 the City entered into a development agreement with K and P Clearwater Estate, LLP for the Kiran Grand Resort and
Spa.
A Contract for Exchange of Real Property, attached to the Development Agreement, required the developer to convey land in Lloyd-
White-Skinner Subdivision to the City. In exhange the City vacated certain rights-of-way, including First Street between S. Gulfview
Boulevard and Coronado Drive.
The Contract was subsequently amended and restated on March 22, 2006, including adding a requirement the developer allocate a
minimum of $241,500 for constructing the Relocated First Street upon the lands it would convey.
On March 30, 2006 the developer did convey title in and to the required lands by Warranty Deed as recorded in O. R. Book 15085, Page
2109, public records of Pinellas County, Florida.
Prior to opening of the Hyatt Regency Resort the relocated 3-lane travelway was constructed and operational. Other than the City
funding installation of public utilities, the roadway was built with private funding pursuant to the Contract.
Adoption of Resolution 10-08 will formally establish public right-of-way relocated First Street, now to be know as Second Street,
between South Gulfview Boulevard and Coronado Drive.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 10-08
RESOLUTION 10-08
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DEDICATING AS PUBLIC RIGHT OF WAY A 12,600 SQUARE
FOOT, MORE OR LESS, PARCEL OF LAND LYING AND BEING
SITUATE IN A PORTION OF LLOYD-WHITE-SKINNER
SUBDIVISION, CLEARWATER, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 5, 2005 the City of Clearwater (“City”) and K & P
Clearwater Estate, LLC (“K & P”) entered into a Contract for Exchange of Real
Property, that was amended and restated on March 22, 2006 (collectively,
“Contract”); and,
WHEREAS, the Contract, among its provisions, obligated K & P to convey
title in and to certain parcels of real property lying and being situate in a portion
of LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page
12, public records of Pinellas County, Florida, to the City, as more particularly
described hereafter, and as depicted in EXHIBIT “A” appended hereto and by
this reference made a part hereof; and,
WHEREAS, K & P did convey title in and to the referenced real property
to the City by Warranty Deed dated March 30, 2006 as recorded in O. R. Book
15085, Page 2109, Public Records of Pinellas County, Florida, and,
WHEREAS, it has now come to the attention of the City Council that the
lands that vested with the City by virtue of the above described Warranty Deed
were never formerly dedicated as right-of-way, although the same is now
improved and used for such purpose; and,
WHEREAS, the City Council desires to officially dedicate same as right-
of-way by formal resolution, as permitted in §2.01(d) (5) of the Clearwater City
Charter, without prior approval of voters at referendum;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the following described property is hereby dedicated as
right-of-way for use by the general public and the City of Clearwater generally as
their interests may appear:
Attachment number 1
Page 1 of 2
Resolution No. 10-08 2
The Southerly 20.0 feet of Lot 55; TOGETHER WITH Lots 56 and
103 LESS the Southerly 20.0 feet thereof; TOGETHER WITH the
Southerly 30.0 feet of Lot 102, LLOYD-WHITE-SKINNER
SUBDIVISION, as recorded in Plat Book 13, Page 12, public
records of Pinellas County, Florida.
Containing 12,600 square feet, or 0.289 acres, more or less.
Section 2. That the City Clerk is hereby directed to record this
Resolution in the Public Records of Pinellas County, Florida.
Section 3. That this resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _____ day of _________________, 2010.
_________________________________________
Frank V. Hibbard, Mayor
Approved as to form: Attest:
______________________________ ______________________________
Laura Mahony, Asst. City Attorney Cynthia E. Goudeau, City Clerk
Attachment number 1
Page 2 of 2
Attachment number 2
Page 1 of 1
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SEE PLAT FOR DIMENSIONS*
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LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com JHHEB N.T.S.276AXX-XXs-XXe2/24/2010Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
2nd St Right-of-Way
Dedication
Legend Parcel Boundary
Bldg Footprint
Waterbodies
Outside CLWTR City limits
Clearwater Service Area
Vacant
Parks & Rec Area
Improved
Leasehold
CRA Owned
City Owned
Property
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at
the Pinellas County waste to energy plant/landfill for the period April 1, 2010 through April 30, 2011 as provided in the City’s Code of
Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute
the same. (consent)
SUMMARY:
Pinellas County operates the only waste to energy plant/landfill in the County. The NPDES permit that Public Services/Stormwater
Maintenance Division operates under requires the disposal of all debris generated from the street sweepers, vaccon operation and
ditch/catch basin cleaning to a landfill disposal site. Pinellas County’s landfill is the only landfill in this county permitted to accept this
debris. Pinellas County has kept their rate at $37.50 per ton for over 11 years.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:$180,000
Not to Exceed:Total Cost:$180,000
For Fiscal Year:2010 to 2011
Appropriation Code Amount Appropriation Comment
0419-02090-543500-539-
000-0000
$180,000
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve Clearwater Comprehensive Plan Text Amendments to the five adopted maps in the Public School Facilities Element in
response to changes in public school facilities enacted by the Pinellas County School District, and Pass Ordinance 8134-10 on first
reading.(CPA2009-12001)
SUMMARY:
The Planning Department is recommending amendments to the Clearwater Comprehensive Plan to replace the five adopted maps in the
Public School Facilities Element with revised maps which reflect final information regarding school closures, mergers, program
changes, and the expansion of existing and the addition of new charter schools as per the Pinellas County School Board’s Five-Year
Facilities Work Program (a 39-page document) approved on September 15, 2009 and amended on November 10, 2010. The School
Board’s Level of Service (LOS) Report that included changes to assign charter schools to individual school concurrency service areas
was approved on January 12, 2010.
The following adopted maps in the Clearwater Comprehensive Plan are being replaced:
Map : J-1 Public School Facilities
Map : J-2 Public Elementary Schools
Map : J-3 Public Middle Schools
Map : J-4 Public High Schools
Map : J-5 Ancillary Facilities and Land Banked Sites
Ordinance 8134-10 and the staff report contain further analysis and information on the proposed amendment. The Community
Development Board (CDB) reviewed the proposed amendment at its regularly scheduled meeting on February 16, 2010 and
recommended approval.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Agenda.PDFConvert.11304.docx
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CPA2009-12001
CDB Meeting Date: February 16, 2010
Case #: CPA2009-12001
Ordinance #: 8134-10
Agenda Item: E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT STAFF REPORT
COMPREHENSIVE PLAN AMENDMENTS
REQUEST: Clearwater Comprehensive Plan Text Amendments to the five
adopted maps in the Public School Facilities Element in
response to changes in public school facilities enacted by the
Pinellas County School District.
INITIATED BY: City of Clearwater Planning Department
TYPE OF AMENDMENT: Large-scale
BACKGROUND INFORMATION:
This item involves text amendments to the Clearwater Comprehensive Plan, specifically
to the five adopted maps in the Public School Facilities Element. The amendments will
replace the five adopted maps in the Element with revised maps in order to reflect final
information regarding school closures, mergers, program changes, and the expansion of
existing and the addition of new charter* schools as per the Pinellas County School
Board’s Five-Year Facilities Work Program (a 39-page document) that was approved by
the School Board on September 15, 2009 and amended on November 10, 2010. The
School Board’s Level of Service (LOS) Report that included changes to assign charter
schools to individual school concurrency service areas was approved on January 12,
2010.
The following adopted maps in the Clearwater Comprehensive Plan need to be updated
and replaced based on the School Board’s changes.
• Map #: J-1 Public School Facilities
• Map #: J-2 Public Elementary Schools
• Map #: J-3 Public Middle Schools
• Map #: J-4 Public High Schools
• Map #: J-5 Ancillary Facilities and Land Banked Sites
Using information provided by School District staff pursuant to the School Board’s
adopted changes, the tables and summaries below describe the proposed changes that
have been made to the adopted countywide school maps for all affected communities in
Pinellas County, including the City of Clearwater.
*Charter schools are independent public schools operating under a contractual agreement with the Pinellas County School Board.
Attachment number 1
Page 1 of 7
Agenda.PDFConvert.11304.docx
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CPA2009-12001
ANALYSIS:
The proposed amendments involve the replacement of the existing Maps #: J-1 through J-
5 contained in the Public School Facilities Element of the Clearwater Comprehensive
Plan which are being made pursuant to Florida Statutes (F.S.) Section 163.3177(12),
163.3177(6)(a), 163.31777(2)(c), 163.3180(13)(g), 1013.33(10)-(14) and Rule 9J-
5.025(3)(a), 9J-5.025(3)(b)2, 9J-5.025(3)(b)4, 9J-5.025(3)(c)1, 9J-5.025(3)(c)3, and 9J-
5.025(3)(c)4, F.A.C.
The proposed amendments are discussed below (the schools located within the City of
Clearwater are noted for reference purpose only):
• Changes to the Public School Facilities Map: #: J-1:
Map #: J-1 includes all public school facilities that are located within the City of
Clearwater, taken from the countywide information from Maps #: J-2 through J-5.
Changes to this map have been made in accordance with the changes being made below
to the Maps #: J-2 through J-5.
• Changes to the Elementary School Map #: J-2:
Remove the following elementary schools:
Last Scheduled Year Open School Name
2007/2008 Largo Central Elementary School
2007/2008
South Ward Elementary School – located in
Clearwater
2007/2008 Norwood Elementary School
2008/2009 Clearview Avenue Elementary School
2008/2009 Gulf Beaches Elementary School
2008/2009
Kings Highway Elementary School – located in
Clearwater
2008/2009
North Ward Elementary School – located in
Clearwater
2008/2009 Palm Harbor Elementary School
2008/2009 Rio Vista Elementary School
2008/2009 Tyrone Elementary School
Modify the following elementary schools:
1. Madeira Beach Elementary School combined with Madeira Beach Middle School
and Southside Fundamental School to establish the Madeira Beach Fundamental
School (K-8th Grade).
Attachment number 1
Page 2 of 7
Agenda.PDFConvert.11304.docx
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CPA2009-12001
Add the following new elementary schools:
1. New Heights Elementary – public school
2. Alfred Adler Elementary – charter school
3. Imagine School at St. Petersburg – charter school
4. Life Force Arts and Technology – charter school (located at 1390 Sunset Point
Road, Clearwater, FL 33755)
• Changes to the Middle School Map #: J-3:
Remove the following middle schools
Last Scheduled Year Open School Name
2007/2008 Riviera Middle School
2008/2009
Coachman Fundamental Middle School (merged with
Kennedy Middle School to create Clearwater
Fundamental Middle School) – located in Clearwater
2008/2009 Kennedy Middle School – located in Clearwater
2008/2009
Southside Fundamental Middle School (merged with
Madeira Middle School and Madeira Elementary
School to create Madeira Beach Fundamental School)
Modify the following middle schools:
1. Madeira Beach Middle School is combined with Madeira Beach Elementary School
and Southside Fundamental School to establish the Madeira Beach Fundamental
School (K-8th Grade).
2. Thurgood Marshall has become Thurgood Marshall Fundamental Middle School.
Add the following new middle schools:
1. Imagine Middle School – charter school
2. Athenian Academy – charter school
3. Plato Academy – charter school (located at 401 Old Coachman Road, Clearwater,
FL 33765)
4. Clearwater Fundamental Middle – public school (located at 1660 Palmetto Street,
Clearwater, FL 33755)
• Changes to the High School Map #: J-4:
Modify the following high school:
Attachment number 1
Page 3 of 7
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CPA2009-12001
1. Osceola High School is changed to Osceola Fundamental High School.
Add the following new high schools:
1. Mavericks in Education – charter school
2. Life Skills Center North – charter school
• Changes to the Ancillary Facilities and Land Banked Sites Map #: J-5:
Pinellas County School Board presented this revised map to the participating
communities reflecting the availability of buildings and lands due to recent school
closures and a few teardowns of closed schools. The numerous changes to this map were
not itemized by the School Board.
STANDARDS FOR REVIEW
Pursuant to Community Development Code Section 4-603(F) no amendment to the
Clearwater Comprehensive Plan shall be approved unless it complies with the following
standards:
1. The amendments will further implementation of the comprehensive plan
consistent with the goals, policies and objectives contained in the plan.
The proposed text amendments to the Public School Facilities Element of the
Clearwater Comprehensive Plan are consistent with and will further the
implementation of the goals, objectives, and policies (GOPs) in the Clearwater
Comprehensive Plan by ensuring that statutory requirements are reflected in the
Public School Facilities Element. Staff finds that the proposed amendments to the
Clearwater Comprehensive Plan are consistent with the following adopted goals,
objectives, and policies, of the Comprehensive Plan:
Public School Facilities Element
J.1 GOAL - THROUGH PARTNERSHIPS AND EFFECTIVE
COLLABORATION AMONG LOCAL GOVERNMENTS AND THE
PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A
SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE,
ALL STUDENTS OF THE PINELLAS COUNTY SCHOOL
DISTRICT SHALL BE PROVIDED THE OPPORTUNITY FOR
HIGH STUDENT ACHIEVEMENT THROUGH THE
AVAILABILITY OF HIGH QUALITY PUBLIC EDUCATIONAL
FACILITIES. (Rule 9J-5.025 (3) (a), F.A.C)
Attachment number 1
Page 4 of 7
Agenda.PDFConvert.11304.docx
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CPA2009-12001
J.1.2 Objective – The City, through implementation of its concurrency
management system for public school facilities, and in
coordination with the School District, shall ensure that there is
available public school capacity to support the anticipated
students from residential site plans and final residential
subdivision approvals (“Residential Approvals”) consistent with
the adopted level-of-service standard for public school
concurrency throughout the five years covered by the Five-Year
Work Program, as amended, and the period of the long-range
planning program contained in the Public School Facilities
Element. (Rule 9J-5.025(3)(b)2, F.A.C.)
Policies
J.1.2.4 School concurrency shall be measured and applied on the
basis of Concurrency Service Areas, as established by the
School Board and as documented in the data and analysis
support section of the Public School Facilities Element.
(Rule 9J-5.025(3)(c)1, F.A.C.)
J.1.4 Objective – The City shall practice effective intergovernmental
coordination with its partner local governments and the School
District to ensure that land use plans, development approvals,
and capital facilities planning are coordinated with the
availability of public school facilities. (Rule 9J-5.025 (3)(b)4,
F.A.C.)
Policies
J.1.4.4 Amendment of the Public Schools Facilities Element shall
occur according to the procedure in Section 10 of the
Public Schools Interlocal Agreement to ensure that the
Element within the local government comprehensive plans
remains coordinated and consistent with one another and
with the plans of the School Board. (Rule 9J-5.025 (3)(c)3,
F.A.C. & Section 163.3177(12), F.S.)
J.2: GOAL – THE CITY SHALL COORDINATE WITH ITS PARTNER
LOCAL GOVERNMENTS AND THE SCHOOL DISTRICT ON
PROJECTS THAT ENCOURAGE COHESIVE
NEIGHBORHOODS, THAT CONTRIBUTE TO COMMUNITY
BUILDING, AND THAT PROVIDE FOR LONG-TERM
SUSTAINABILITY. (Rule 9J-5.025 (3) (a), F.A.C)
J.2.1 Objective – The City shall support efforts that facilitate
coordination of planning between Pinellas County and the
School District for the location and development of public
educational facilities. (Rule 9J-5.025(3)(b)4, F.A.C. & Sections
Attachment number 1
Page 5 of 7
Agenda.PDFConvert.11304.docx
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CPA2009-12001
163.3177(6)(a), 163.31777(2)(c), 163.3180(13)(g), 1013.33(10)-
(14).
Policies
J.2.1.1 – The City shall participate with the School District in the
process of evaluating potential school closures,
significant renovations to existing schools, and school
site selection before land acquisition in accordance with
Section 4 of the existing Public Schools Interlocal
Agreement, filed on April 24, 2007. (Rule 9J-
5.025(3)(c)4, F.A.C.)
2. The amendments are not inconsistent with other provisions of the comprehensive
plan.
The proposed text amendments are consistent with the provisions of the
Comprehensive Plan. They update the Public School Facilities Element maps to
reflect changes made by the Pinellas County School Board.
3. The available uses, if applicable, to which the property may be put are appropriate
to the property in questions and compatible with existing and planned uses in the
area.
The proposed amendments are text amendments that are not directly related to a
specific property.
4. Sufficient public facilities are available to serve the property.
The proposed amendments are text amendments that are not directly related to a
specific property.
5. The amendments will not adversely affect the natural environment.
The proposed amendments seek to provide consistent and coordinated efforts
pursuant to the Pinellas County School Board’s projects and programs. The proposed
amendments are text amendments that are not directly related to a specific property
development and therefore will not adversely affect the natural environment.
6. The amendments will not adversely impact the use of property in the immediate
area.
The proposed amendments are text amendments that are not directly related to a
specific property.
Attachment number 1
Page 6 of 7
Agenda.PDFConvert.11304.docx
Page - 7
CPA2009-12001
SUMMARY AND RECOMMENDATION:
The proposed text amendments comply with Florida Statutes and rules by making
necessary corrections and modifications to the Clearwater Comprehensive Plan Public
School Facilities Element. These amendments are made pursuant to the Pinellas County
School Board’s recently adopted changes to their five-year work facilities program and
level of service report.
The Planning Department recommends APPROVAL of Ordinance No. 8134-10 that
amends the Clearwater Comprehensive Plan.
Prepared by Planning Department Staff:
Sandra E. Herman
Planner III
ATTACHMENT:
Ordinance No. 8134-10
Attachment number 1
Page 7 of 7
Ordinance No. 8134-10
ORDINANCE NO. 8134-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE COMPREHENSIVE PLAN
OF THE CITY AS ADOPTED ON MAY 18, 2000, AS
SUBSEQUENTLY AMENDED, AMENDING THE PUBLIC
SCHOOL FACILITIES ELEMENT, MAKING
CORRECTIONS AND MODIFICATIONS, BY
REPLACING MAP #: J-1, MAP #: J-2, MAP #: J-3, MAP
#: J-4 AND MAP #: J-5 TO REFLECT SCHOOL
FACILITY CLOSURES AND MERGERS, PROGRAM
CHANGES, THE EXPANSION OF EXISTING AND THE
ADDITION OF NEW CHARTER SCHOOLS, AS WELL
AS CHANGES TO ASSIGN CHARTER SCHOOLS TO
INDIVIDUAL SCHOOL CONCURRENCY SERVICE
AREAS PURSUANT TO THE ADOPTED CHANGES BY
THE PINELLAS COUNTY SCHOOL BOARD;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of
the City of Clearwater to plan for the future development and growth of the City,
and to adopt and periodically amend the Comprehensive Plan, including elements
and portions thereof; and
WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May
18, 2000 by Ordinance Number 6522-00, subsequently amended; and
WHEREAS, the Public School Facilities Element of the Clearwater
Comprehensive Plan was developed through a collaborative process that included
other local governments, Pinellas County Government, and Pinellas County School
District staff; and
WHEREAS, the Clearwater City Council adopted the Public School
Facilities Element on February 21, 2008; and
WHEREAS, certain revisions are now required to address recent public
school closures, mergers, program and charter school changes, and changes in
the assignment of charter schools to individual concurrency service areas; and
WHEREAS, the Pinellas County Schools Collaborative has reviewed and
approved these proposed amendments to the Public School Facilities Element at
their meeting of September 2, 2009; and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting
the appropriate planning analysis, and public participation through public hearings,
opportunity for written comments, open discussion and the consideration of public
and official comments; and
Attachment number 2
Page 1 of 3
2 Ordinance No. 8134-10
WHEREAS, the Community Development Board, serving as the designated
Local Planning Agency for the City, has held a public hearing on the proposed
amendments and has recommended adoption of the proposed Comprehensive
Plan amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to
adopt the text amendments to the Public School Facilities Element of the
Comprehensive Plan in order to reflect changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, Amendments to the text of the Clearwater Comprehensive Plan,
by replacing the current Map #: J-1, Public School Facilities, Map #: J-2, Public
Elementary Schools, Map #: J-3, Public Middle Schools, Map #: J-4, Public High
Schools, and Map #: J-5, Ancillary Facilities and Land Banked Sites with new Map
#: J-1, Public School Facilities, Map #: J-2, Public Elementary Schools, Map #: J-3,
Public Middle Schools, Map #: J-4, Public High Schools, and Map #: J-5, Ancillary
Facilities and Land Banked Sites, attached hereto as Exhibit “A” are hereby
adopted.
Section 2. If any section, provision, clause, phrase, or application of
this Ordinance shall be declared unconstitutional or invalid for any reason by a
court of competent jurisdiction, the remaining provisions shall be deemed
severable therefrom and shall remain in full force and effect.
Section 3. This ordinance shall become effective when the Department
of Community Affairs (DCA) issues a final order determining the adopted
amendment to be in compliance, or the Administration Commission issues a final
order determining the adopted amendments to be in compliance, in accordance
with Section 163.3177, 163.31777, 163.3184, 163.3187, 163.3189, or 1013.33,
F.S., as amended.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
_____________________
Frank Hibbard
Mayor-Councilmember
Approved as to form: Attest:
___________________ _____________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 2 of 3
3 Ordinance No. 8134-10
EXHIBIT “A”
[REPLACE MAP #: J-1, MAP #: J-2, MAP #: J-3,
MAP #: J-4, AND MAP #: J-5
IN THE PUBLIC SCHOOL FACILITIES ELEMENT
WITH THE FOLLOWING REVISED MAPS]
Attachment number 2
Page 3 of 3
City of Clearwater Comprehensive Plan 2008
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
N.T.S.Scale:
Disclaimer:
Public information data is furnished by the City of Clearwater Engineering
Department, and must be accepted and used by the recipient with the
understanding that the data received was collected for the purpose of
developing a graphic infrastructure inventory. As such, the City of Clearwater
makes no warranties, expressed or implied, concerning the accuracy,
completeness, reliability, or suitability of this data for any other particular
use. Furthermore, the City of Clearwater assumes no liability whatsoever
associated with the use or misuse of such data.
Public Elementary
Schools
Map #: J-2, 2010 Addendum
Date: 1/7/2010
Source: Pinellas County / Aug 2009
Attachment number 3
Page 1 of 1
City of Clearwater Comprehensive Plan 2008
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
N.T.S.Scale:
Disclaimer:
Public information data is furnished by the City of Clearwater Engineering
Department, and must be accepted and used by the recipient with the
understanding that the data received was collected for the purpose of
developing a graphic infrastructure inventory. As such, the City of Clearwater
makes no warranties, expressed or implied, concerning the accuracy,
completeness, reliability, or suitability of this data for any other particular
use. Furthermore, the City of Clearwater assumes no liability whatsoever
associated with the use or misuse of such data.
Public Middle Schools
Map #: J-3, 2010 Addendum
Date: 1/7/2010
Source: Pinellas County / Aug 2009
Attachment number 4
Page 1 of 1
City of Clearwater Comprehensive Plan 2008
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
N.T.S.Scale:
Disclaimer:
Public information data is furnished by the City of Clearwater Engineering
Department, and must be accepted and used by the recipient with the
understanding that the data received was collected for the purpose of
developing a graphic infrastructure inventory. As such, the City of Clearwater
makes no warranties, expressed or implied, concerning the accuracy,
completeness, reliability, or suitability of this data for any other particular
use. Furthermore, the City of Clearwater assumes no liability whatsoever
associated with the use or misuse of such data.
Public High Schools
Map #: J-4, 2010 Addendum
Date: 1/7/2010
Source: Pinellas County / Sep 2009
Attachment number 5
Page 1 of 1
City of Clearwater Comprehensive Plan 2008
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
N.T.S.Scale:
Disclaimer:
Public information data is furnished by the City of Clearwater Engineering
Department, and must be accepted and used by the recipient with the
understanding that the data received was collected for the purpose of
developing a graphic infrastructure inventory. As such, the City of Clearwater
makes no warranties, expressed or implied, concerning the accuracy,
completeness, reliability, or suitability of this data for any other particular
use. Furthermore, the City of Clearwater assumes no liability whatsoever
associated with the use or misuse of such data.
Ancillary Facilities
and Land Banked Sites
Map #: J-5, 2010 Addendum
Date: 1/7/2010
Source: Pinellas County / Aug 2009
Attachment number 6
Page 1 of 1
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LAND BANK S-5
City of Clearwater Comprehensive Plan 2008
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
N.T.S.Scale:
Disclaimer:
Public information data is furnished by the City of Clearwater Engineering
Department, and must be accepted and used by the recipient with the
understanding that the data received was collected for the purpose of
developing a graphic infrastructure inventory. As such, the City of Clearwater
makes no warranties, expressed or implied, concerning the accuracy,
completeness, reliability, or suitability of this data for any other particular
use. Furthermore, the City of Clearwater assumes no liability whatsoever
associated with the use or misuse of such data.
Public School Facilities
Map #: J-1, 2010 ADDENDUM
Date: 1/8/2010
Legend
Source:
Schools
COLLEGE
ELEMENTARY
MIDDLE SCHOOL
HIGH SCHOOL
Pinellas County Ancillary School Sites
ANCILLARY SCHOOL SITE
LAND BANK SITE
Clearwater Planning Area
Outside Clearwater City Limits
Pinellas County / Jan 2010
Attachment number 7
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Density Residential (LDR) District for 1836 Beverly Circle North (Lot 11, Block C, Meadow Creek in Section 24, Township 29 South,
Range 15 East); and Pass Ordinances 8154-10, 8155-10 and 8156-10 on first reading. (ANX2009-12016)
SUMMARY:
This voluntary annexation petition involves a 0.25-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the north side of Beverly Circle North, approximately 85 feet west of Brookside Drive and 555 feet east of
Keene Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The
property is located within an enclave and is contiguous to existing City boundaries to the south, east and west. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Density Residential
(LDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent
Beverly Circle North right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460
Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall
be promoted through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the
uses allowed in the District and it meets the District’s minimum dimensions through the Flexible Standard requirements. The
proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the south, east and west; therefore the
annexation is consistent with Florida Statutes Chapter 171.044.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009-
12016 LOCATION MAP.doc
PROJECT
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LOCATION MAP
Owner: Betty Ann Southard Case: ANX2009-12016
Site: 1836 Beverly Circle North Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0110
From :
To:
RL R-3
RL LDR
Atlas Page: 308A
Attachment number 1
Page 1 of 7
S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009-
12016 AERIAL PHOTOGRAPH.doc
S KEENE RD
S KEENE RD
BROOKSIDE RD
BROOKSIDE RD
KENDALL DR KENDALL DR
BEVERLY CIR NBEVERLY CIR N
BRENTWOOD DR BRENTWOOD DR
MEADOW LN MEADOW LN
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AERIAL PHOTOGRAPH
Owner: Betty Ann Southard Case: ANX2009-12016
Site: 1836 Beverly Circle North Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0110
From :
To:
RL R-3
RL LDR
Atlas Page: 308A
Attachment number 1
Page 2 of 7
S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009-
12016 PROPOSED ANNEXATION MAP.doc
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PROPOSED ANNEXATION MAP
Owner: Betty Ann Southard Case: ANX2009-12016
Site: 1836 Beverly Circle North Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0110
From :
To:
RL R-3
RL LDR
Atlas Page: 308A
Attachment number 1
Page 3 of 7
S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009-
12016 FUTURE LAND USE MAP.doc
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FUTURE LAND USE MAP
Owner: Betty Ann Southard Case: ANX2009-12016
Site: 1836 Beverly Circle North Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0110
From :
To:
RL R-3
RL LDR
Atlas Page: 308A
RL
Attachment number 1
Page 4 of 7
S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009-
12016 ZONING MAP.doc
S KEENE RD
BROOKSIDE RD
KENDALL DR
BEVERLY CIR N
BRENTWOOD DR
MEADOW LN
LDR
I
I
LMDRLMDR
LMDR
P
1806
1270
1262
1254
1246
1235
1230
1231
1223
1211
1217
1205
1199
1209
1848
1824
18
5
5
18
3
1
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4
9
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1
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18
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1
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1238
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6
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0
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187
6
18
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64
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ZONING MAP
Owner: Betty Ann Southard Case: ANX2009-12016
Site: 1836 Beverly Circle North Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0110
From :
To:
RL R-3
RL LDR
Atlas Page: 308A
LDR
Attachment number 1
Page 5 of 7
S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009-
12016 EXISTING SURROUNDING USES MAP.doc
67.3
50
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123 4
5
6789 7
18
LAKE LELA
60
60
60
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50
50
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25
60
50
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56520
56538
20304
A
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191817 1615 14 13 12 11
12 3 4 5 6 7 8 9
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109
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6 10
11 12
1 2 3 45 15 14 13
1
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2
S KEENE RD
BROOKSIDE RD
KENDALL DR
BEVERLY CIR N
BRENTWOOD DR
MEADOW LN
1262
1230
18
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1215
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EXISTING SURROUNDING USES MAP
Owner: Betty Ann Southard Case: ANX2009-12016
Site: 1836 Beverly Circle North Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0110
From :
To:
RL R-3
RL LDR
Atlas Page: 308A
Single Family Residential
Single Family Residential
Single Family Residential
Attachment number 1
Page 6 of 7
ANX2009-12016
Southard, Betty Ann
1836 Beverly Circle North
View looking north at the subject property, 1836 Beverly Circle North
West of the subject property
East of the subject property
Across street, to south of the subject property
View looking easterly along Beverly Circle North View looking westerly along Beverly Circle North
Attachment number 1
Page 7 of 7
Ordinance No. 8154-10
ORDINANCE NO. 8154-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF BEVERLY CIRCLE NORTH APPROXIMATELY
85 FEET WEST OF BROOKSIDE ROAD AND 555 FEET EAST
OF KEENE ROAD, CONSISTING OF LOT 11, BLOCK C,
MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS 1836
BEVERLY CIRCLE NORTH, 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 11, Block C, Meadow Creek, according to plat thereof recorded in Plat Book
36, Page 26, Public Records of Pinellas County, Florida.
(ANX2009-12016)
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 2
Page 1 of 1
Ordinance No. 8155-10
ORDINANCE NO. 8155-10
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 NORTH SIDE OF
BEVERLY CIRCLE NORTH APPROXIMATELY 85 FEET
WEST OF BROOKSIDE ROAD AND 555 FEET EAST OF
KEENE ROAD, CONSISTING OF LOT 11, BLOCK C,
MEADOW CREEK, WHOSE POST OFFICE ADDRESS IS
1836 BEVERLY CIRCLE NORTH, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW
(RL); 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 11, Block C, Meadow Creek, according to Residential Low (RL)
plat thereof recorded in Plat Book 36, Page 26,
Public Records of Pinellas County, Florida.
(ANX2009-12016)
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. 8154-10.
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 3
Page 1 of 1
Ordinance No. 8156-10
ORDINANCE NO. 8156-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF BEVERLY CIRCLE NORTH
APPROXIMATELY 85 FEET WEST OF BROOKSIDE
ROAD AND 555 FEET EAST OF KEENE ROAD,
CONSISTING OF LOT 11, BLOCK C, MEADOW CREEK,
WHOSE POST OFFICE ADDRESS IS 1836 BEVERLY
CIRCLE NORTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR);
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 11, Block C, Meadow Creek, according to Low Density Residential
plat thereof recorded in Plat Book 36, Page 26, (LDR)
Public Records of Pinellas County, Florida.
(ANX2009-12016)
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. 8154-10.
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 4
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) (City and County) to Institutional (I), and Zoning
Atlas Amendment from R-2 and R-3 (County) and from Low Medium Density Residential (LMDR) (City) to Institutional (I) for 28
parcels of land located generally southwest of Drew Street and McMullen Booth Road; and pass Ordinances 8148-10, 8151-10, and
8152-10 on first reading.(ANX2009-12017 and LUZ2009-12004)
SUMMARY:
The Planning Department has determined that the proposed annexation is consistent with the provisions of Community Development
Code Section 4-604.E as follows:
Three of the four parcels being annexed with addresses 3043 Cherry Lane, 3031 Virginia Avenue and 3009 Kentucky Avenue
are currently vacant. There is currently City water service to all four parcels being annexed except 3031 Virginia Avenue (vacant
– no services). None of these four parcels are currently on City sanitary sewer. Sanitary sewer is available to 3043 Cherry Lane,
3031 Virginia Avenue and 225 Bayview Avenue. If the proposed project necessitates infrastructure modifications to satisfy site-
specific utility capacity requirements, the applicant will be required to complete them at their expense. Collection of solid waste
will be provided by the City of Clearwater. The property is located within Police District III and service will be administered
through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objectives and policies of the Clearwater Comprehensive
Plan:
Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and
other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature,
continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment
activities in these areas.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater
This subject site consists of 28 parcels of land totaling 5.21 acres in area located generally southwest of Drew
Street and McMullen Booth Road. This annexation, land use plan amendment and rezoning is requested by the
applicant and owner, First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church, located on the
adjacent large parcel of land to the north. The applicant intends to develop the 5.21 acres for drainage purposes
and outdoor recreation such as athletic fields for church/school use. Fifteen (15) of the parcels are currently vacant
and 13 are developed with detached dwellings.
The voluntary annexation petition involves 0.86 acres consisting of four of the 28 parcels of land and 0.20 acres of
abutting right-of-way. Three of the four parcels being annexed are vacant and one is occupied by a detached
dwelling. Each parcel is contiguous on at least one side to existing City boundaries.
All 28 parcels have a Future Land Use Plan designation of Residential Urban (RU) with either Pinellas County
zoning designations of R-2 and R-3 Districts (single family residential) or City zoning of Low Medium Density
Residential (LMDR). A Future Land Use Plan designation of Institutional (I) and zoning category of Institutional
(I) are being proposed on all 28 parcels (5.21 acres). The applicant is requesting to amend the Future Land Use
classification in order to consolidate the church’s holdings into the appropriate land use category and zoning
district.
Cover Memo
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request.
Each parcel is contiguous on at least one side to existing City boundaries, represents a logical extension of the boundaries and
does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044.
The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the
following standards specified in the Community Development Code:
· The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan.
· The proposed use is compatible with the surrounding area.
· Sufficient public facilities are available to serve the property.
· The applications will not have an adverse impact on the natural environment.
Please refer to the land use plan and rezoning (LUZ2009-12004) report for the complete staff analysis.
In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject to approval by the Pinellas Planning
Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category
requested, review and approval by the Florida Department of Community Affairs is also required.
The Community Development Board will review the Future Land Use Plan amendment and rezoning applications at its public hearing
on March 16, 2010 and staff will verbally present the recommendation by the Board at the City Council meeting on March 18, 2010.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROPOSED ANNEXATION MAP
Owner First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church Case: ANX2009-12017
Site: 3043 Cherry LN, 3031 Virginia Ave., 3009 Kentucky Ave., and
225 Bayview Ave.
Property Size (Acres):
Size R-O-W (Acres):
0.86 acres
0.2 acres
Land Use Zoning
PIN:
16-29-16-00000-220-1700
16-29-16-05292-002-0030
16-29-16-05292-004-0030
16-29-16-05292-004-0110 From :
To:
RU (County) R2 and R3 (County)
I (City) I (City) Atlas Page: 292A
16
60
60
60
16
16
16
16
30
30
40
40
30
18
40
60
40 65
40
30
3
0
40
60
60
16
40
30
33
40
18
15
20
05292
05508
54576
1
4
5 6
3
2
3
2
1
2 3 4 5 6
789101112
12 3 4 5
678910
1 2 3 4 5
678910
1 23 4 5 6
789101112
1 2 3 4 5 6
7
8910
1112
1 2 3 4 5
678910
1 2 3 4 5 6 7 8 9
151617181920212223
1 2
181920212223
3456789
22/14
22/08
22/13
22/12
2 2/15
2 2/2 0 22 /22
2 2 /2 6
2 2/2 7
2 2 /3 2
2 2 /3 1
2 2 /2 822/2 5
2 2 /2 3
2 2/1 922/16
22/11
22/17 22/18 22/24 22/29
22/30
23/01
471(S)
300(S)
502(S)
3.39
22/10
40
33
A C
1
1
1 1
1
1
10
13
400
225
307
210
201
115
227224
112
125
200
201
109
30
1
1
3036
3032
3035
3042
3039
3043
3042
3009
3007
3024
3054
3025
3033
3076
3012
3012
3021
3075
3060
3017
3008
3061
3028
3035
3065
3001
2990
3053
3013
109-B
BAYVIEW AVE
MEADOW LARK LN
VIRGINIA AVE
220
309
130
225
309
200
120
3044
3040
3059
3053
3047
3065
3049
3081
3009
3001
3043
3031
3078
3008
3007
3048
KENTUCKY AVE
CLEVELAND ST
CHERRY LN
TE NNESSE E AVE
EASTWOOD DR EASTWOOD DR
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Attachment number 1
Page 1 of 1
1. Main Calvary Church Property: 110 N.
McMullen Booth Road
3. Travel trailers (resort facilities) located west
of the subject area
2. Example of one of the twenty-eight (28)
parcels in subject area
4. Looking south from the main church site
along McMullen Booth Road
5. Office site located east of the subject area 6. Another Church located east of the
subject area
LUZ2009-12004 Applicant: First Baptist Church of Clearwater, Inc. a/k/a Calvary
Baptist, 110 N. McMullen Booth Road
Attachment number 2
Page 1 of 1
LOCATION MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2009-12004
Site: Multiple lots south of main church site at 110 N. McMullen
Booth Road (see Parcels list on next page)
Property Size
(Acres):
5.21 acres
Land Use Zoning
PIN: Parcels—see next page
From :
To:
RU(City/County) LMDR(City)/R2, R3(County)
I (City) I (City) Atlas Page: 292A
PROJECT
SITE
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Attachment number 3
Page 1 of 1
AERIAL PHOTOGRAPH
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2009-12004
Site: Multiple lots south of main church site at 110 N. McMullen
Booth Road (see Parcels list on next page)
Property Size
(Acres):
5.21 acres
Land Use Zoning
PIN: Parcels—see next page
From :
To:
RU(City/County) LMDR(City)/R2, R3(County)
I (City) I (City) Atlas Page: 292A
BAYVIEW AVE
BAYVIEW AVE
MEADOW LARK LN
MEADOW LARK LN
VIRGINIA AVE VIRGINIA AVE
CLEVELAND ST CLEVELAND ST
KENTUCKY AVE KENTUCKY AVE
CHERRY LN CHERRY LN
TENNESSEE AVE TENNESSEE AVE
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Attachment number 4
Page 1 of 1
FUTURE LAND USE MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2009-12004
Site: Multiple lots south of main church site at 110 N. McMullen
Booth Road (see Parcels list on next page)
Property Size
(Acres):
5.21 acres
Land Use Zoning
PIN: Parcels—see next page
From :
To:
RU(City/County) LMDR(City)/R2, R3(County)
I (City) I (City) Atlas Page: 292A
I
I
I
M
H
I
RU
R/OL
RU
RU RU
RU
RU
I
I
T/U
I
I
I
CLEVELAND ST
CHERRY LN EASTWOOD DR
BAYVIEW AVE
MEADOW LARK LN
VIRGINIA AVE
KENTUCKY AVE
CHERRY LN
TENNESSEE AVE
10
13
300
307
210
220
227224
200
309
200
150
30
3
9
30
4
3
30
5
9
30
4
7
30
6
5
30
4
9
30
8
1
3025
3076 3080
3078
3021
3060
3017
3061
2990
225
201
115
112
125
309
130
225
201
120
1093011
3044
3036
3032
3040
3035
3042
3053
3009
3042
3009
3007
3024
3054
3001
3033
3043
3031
3012
3012
3008
3075
3007
3008
3028
3035
3048
3065
3001
3085
3053
3013
109-B
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RM
RFH
Attachment number 5
Page 1 of 1
ZONING MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2009-12004
Site: Multiple lots south of main church site at 110 N. McMullen
Booth Road (see Parcels list on next page)
Property Size
(Acres):
5.21 acres
Land Use Zoning
PIN: Parcels—see next page
From :
To:
RU(City/County) LMDR(City)/R2, R3(County)
I (City) I (City) Atlas Page: 292A
LMDR
CLEVELAND ST
CHERRY LN EASTWOOD DR
I
I
T
O
I
MDR LMDR
C
BAYVIEW AVE
MEADOW LARK LN
VIRGINIA AVE
KENTUCKY AVE
CHERRY LN
TENNESSEE AVE
10
13
300
225
307
210
220
227224
309
200
309
200
201
150
3042
30
3
9
30
4
3
30
5
9
30
5
3
30
4
7
30
6
5
30
4
9
30
8
1
3001
3025
3076 3080
3078
3021
3007
3060
3017
3061
2990
3013
201
115
112
125 130
225
120
1093011
3044
3036
3032
3040
3035
3009
3042
3009
3007
3024
3054
3033
3043
3031
3012
3012
3008
3075
3008
3028
3035
3048
3065
3001
3085
3053
109-B
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
IIII
IIII
IIII
IIII
IIII
IIII
IIII
IIII
Attachment number 6
Page 1 of 1
EXISTING SURROUNDING USES MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2009-12004
Site: Multiple lots south of main church site at 110 N. McMullen
Booth Road (see Parcels list on next page)
Property Size
(Acres):
5.21 acres
Land Use Zoning
PIN: Parcels—see next page
From :
To:
RU(City/County) LMDR(City)/R2, R3(County)
I (City) I (City) Atlas Page: 292A
16
60
224
60
60
60
16
16
16
16
40
30
30
40
40
30
18
40
211
211
257.05
60
300
200
40 65
40 20
30
3
0
40
60
60
60
16
40
30
33
40
18
15
2020
05508
1
4
5 6
3
2
2
1
2 3 4 5 6
789101112
12 3 4 5
678910
1 2 3 4 5
678910
1 23 4 5 6
789101112
1 2 3 4 5 6 1 2 3 4 5
1 2 3 4 5 6 7 8 9
151617181920212223
1 23456789
22/14
22/08
22/13
22/12
22/15
2 2/2 0 22 /22
2 2 /2 6
2 2 /2 7
2 2 /3 2
22/37
22/3822/3 1
2 2 /2 822/2 5
2 2/2 3
2 2/1 922/16
22/11
22/17 22/18 22/24 22/29
22/30
23/01
471(S)
300(S)
502(S)
3.39
22/10
22/41
40
33
A C
1
1
1 1
1
1
10
13
300
225
307
210
227224
200
200
201
150
3032
3042
30
3
9
30
4
3
30
8
1
30
54
3001
3025
3076
3078
3021
3075
3007
3060
3017
3061
3065
3085
3013
BAYVIEW AVE
McMULLEN-BOOTH RD
MEADOW LARK LN
VIRGINIA AVE
CHERRY LN
KENTUCKY AVE
TENNESSEE AVE
220
201
115
112
125
309
130
225
309
120
109
3011
3044
3036
3040
3035
3059
3053
3047
3065
3049
3009
3042
3009
3007
3024
3033
3043
3031
3012
3012
3080
3008
3008
3028
3035
3048
3001
2990
3053
109-B
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Institutional -
Church
Institutional -
Church
Office
Social and
Community
Center
Single Family
Residential
Single Family
Residential
Single Family
Residential
Vacant
MDR
Tourist /
RV Park
Attachment number 7
Page 1 of 1
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 1 of 9
CDB Meeting Date: March 16, 2010
(continued from Feb. 16, 2010)
Case Number: LUZ2009-12004
Owner/Applicant: First Baptist Church of Clearwater, Inc.
a/k/a Calvary Baptist Church
Address: 110 N. McMullen Booth Road
Agenda Item: E-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST: (a) Future Land Use Plan amendment from the Residential
Urban (RU) Classification to the Institutional (I)
Classification.
(b) Rezoning from the Low Medium Density Residential
(LMDR) District to the Institutional (I) District.
SITE INFORMATION
PROPERTY SIZE: 227,053 square feet or 5.21 acres (total)
28 parcels south of the applicant’s main church site
PROPERTY USE:
Current Use: Single Family and Vacant
Proposed Use: Institutional (Church and Accessory Uses)
PLAN CATEGORY:
Current Category: Residential Urban (RU)
Proposed Category: Institutional (I)
ZONING DISTRICT:
Current District: Low Medium Density Residential (LMDR) – City
R-2 and R-3 – County (4 lots being annexed)
Proposed District: Institutional (I)
Attachment number 8
Page 1 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 2 of 9
EXISTING
SURROUNDING USES: North: First Baptist Church of Clearwater, Inc. (main
site), Eddie C. Moore Park (across Drew Street
from main church site)
West: Vacant residential property (MDR zoned) and
Tourist (RV Park)
South: Single-Family Dwellings and vacant land,
Commercial
East: Single-Family Dwellings and vacant land,
Office, Place of Workshop, Social and
Community Center
ANALYSIS:
This Future Land Use Plan amendment and rezoning application involves 28 parcels of land,
comprising approximately 5.21 acres in area, located generally southwest of the intersection of
McMullen Booth Road and Drew Street. Fifteen (15) of the subject parcels are vacant and 13 are
occupied by detached dwellings. They are all owned by the applicant, First Baptist Church of
Clearwater, Inc. a/k/a Calvary Baptist Church, located on the adjacent large parcel of land to the
north. Four of the 28 parcels are located in Pinellas County and the applicant has submitted an
annexation application (ANX2009-12017) which is scheduled for public hearing at the same City
Council meeting as the public hearing for this land use plan amendment and rezoning application
(March 18, 2010).
All parcels have an existing Future Land Use Plan designation of Residential Urban (RU) and
zoning designations of Low Medium Density Residential (LMDR) in the City and R-2 and R-3
(single-family residential zoning) in the County. The applicant is requesting to amend the Future
Land Use Plan classification of these parcels to the Institutional (I) category and to rezone them
to the Institutional (I) District to consolidate the church’s holdings into the appropriate land use
category and zoning district. While no site plan application has been filed, the applicant has
indicated the property will be used for drainage purposes and outdoor recreation such as athletic
fields for church/school use.
In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the density of the parcel, review and approval by the
Florida Department of Community Affairs is required.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-
602.F.1 and Section 4-603.F.1 and 2]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
Attachment number 8
Page 2 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 3 of 9
A.2. Goal – A sufficient variety and amount of Future Land Use categories shall be
provided to accommodate public demand and promote infill development.
A.2.1 Objective – Public institutions, such as hospitals, parks, utility facilities and
government facilities, shall be provided sufficient land area to accommodate
identified public needs.
A.6.2.1 Policy - On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development and/or
planned developments that are compatible.
Recommended Conclusions of Law
Amending the Future Land Use Plan classification and zoning designations on the subject
parcels would provide sufficient land area to accommodate identified public demands and needs
and promote infill development and/or a planned development at an appropriate location within
the City. The development of expanded church support facilities on the adjacent property to the
south of the main church site at the corner of Drew Street and McMullen Booth Road is
consistent with and will be compatible with the surrounding environment. The neighborhood
land uses include another existing church, an office site, a civic club use, single family
residential, a tourist recreational vehicle park and vacant multiple-family property.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Institutional (I) category, as specified in Section 2.3.3.7.3 of the
Countywide Rules, is to depict those areas of the County that are now used, or appropriate to be
used, for public/semi-public institutional purposes; and to recognize such areas consistent with
the need, character and scale of the institutional use relative to surrounding uses, transportation
facilities, and natural resource features. This category is generally appropriate to those locations
where educational, health, public safety, civic, religious and like institutional uses are required to
serve the community; and to recognize the special needs of these uses relative to their
relationship with surrounding uses and transportation access.
The site, which consists of twenty-eight (28) parcels, is located adjacent to the applicant’s main
church site on Drew Street and McMullen Booth Road. There is another existing church, an
office site, a civic club use, single family dwellings, a tourist RV park and vacant multiple-
family property within close proximity of the subject parcels. The future proposed expansion use
of church support facilities is compatible with the surrounding properties and is consistent with
the purposes of the Institutional (I) category.
Attachment number 8
Page 3 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 4 of 9
In addition to the existing principal church property, three of the 28 parcels included in this
application, having addresses of 3042, 3043 and 3053 Cherry Lane, are located within 500 feet
of a segment of McMullen Booth Road that has been designated a Scenic/Non-commercial
Corridor with a Corridor Subclassification of Residential. According to the Countywide
Scenic/Non-Commercial Corridor Plan Element, the Residential Subclassification areas are
characterized by low density residential uses and classified as Residential Suburban (RS),
Residential Low (RL), or Residential Urban (RU) on the Countywide Future Land Use Plan.
While the Corridor Subclassification would normally be changed to Mixed Use concurrently to
be consistent with the change from Residential Urban (RU) to Institutional (I) Countywide Plan
Map categories, Section 4.2.7.1.3 of the Countywide Rules allows this amendment to be
considered to be an exception to the concurrent change to the Corridor Subclassification based
upon a finding that the size and configuration of the three lots within the corridor are de minimus
in relationship to its frontage on the affected Scenic/Noncommercial Corridor. The subject 3 lots
with a total of 0.64 acres have no direct frontage along McMullen Booth and are of an
insignificant size and configuration relative to the current 27 acre main church site that has 920
feet of frontage on this road.
Additionally, the request to amend the land use plan category to Institutional (I) is consistent
with the applicable requirements of the Countywide Plan Rules Section 4.2.7.1.4, which allows a
plan amendment to a non-residential use on a Scenic/Non-Commercial Corridor if it is a logical
in-fill, extension or terminus of an existing and adjoining non-residential classification of an
adjoining existing non-residential use, the amendment is considered in relationship to the
existing delineation of surrounding categories, and the amendment is consistent with the purpose
and intent of the Scenic/Non-Commercial Corridor Element.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan as well as the additional regulations set forth pertaining to Scenic/Non-
Commercial Corridors and the Scenic/Non-Commercial Corridor Element; therefore, the
proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3]
Recommended Findings of Fact
The site, made up of 28 parcels, is located adjacent to the applicant’s main church site on Drew
Street and McMullen Booth Road. There are a variety of uses within close proximity of the
subject parcels including another church, a civic club use, an office site, single family dwellings,
a RV park, and vacant multiple-family property. Also, there are existing commercial uses along
Gulf-to-Bay Boulevard to the south of the area. The future proposed expansion use of church and
support facilities is compatible with the surrounding properties.
Institutional (I), Residential Urban (RU), Resort Facilities High (RFH), Residential Medium
(RM), Residential Office/Limited (R/OL), and Commercial General (CG) future land use
classifications exist in the vicinity of the multi-lot property.
Attachment number 8
Page 4 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 5 of 9
The proposed Future Land Use Plan and zoning designations will allow church and support
facilities at a density and scale that is consistent with the existing institutional and mixed
development patterns in the vicinity of the site. The proposed Future Land Use Plan amendment
and rezoning is compatible with the surrounding areas and will allow development that is in
character with the surrounding area.
Recommended Conclusions of Law
The proposed Future Land Use Plan designation of Institutional (I) and rezoning to the
Institutional (I) District are in character with the overall Future Land Use Plan and zoning
designations in the area. The Institutional (I) future land use classification requested is
consistent with the surrounding Institutional (I), Residential Urban (RU), Resort Facilities High
(RFH), Residential Medium (RM), Residential Office/Limited (R/OL), and Commercial General
(CG) future land use classifications that exist in the vicinity of this property. The proposed
Future Land Use Plan designation and rezoning are compatible with surrounding uses and
consistent with the character of the immediate surrounding area and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.6 and Section 4-
603.F.4]
Recommended Findings of Fact
As stated earlier, the subject site is approximately 5.21 acres in area and has been occupied by
single family residences and vacant property. The current future land use category and zoning
designations permit residential dwellings at a density of 7.5 dwelling units per acre or
nonresidential uses at a 0.40 floor area ratio (FAR). Based on a maximum permitted
development potential in the proposed Institutional (I) Future Land Use Plan category, a
maximum floor area of 147,515 square feet could potentially be constructed on the land (5.21
acres) at a 0.65 floor area ratio, or a maximum of 65 residential dwelling units at twelve and one-
half (12.5) units per acre density could be constructed on the site. It should be noted the
Community Development Code only allows residential equivalent uses in the Institutional
District. The applicant has indicated the new property will be used for drainage purposes,
outdoor recreation such as athletic fields for church/school use and accessory church uses.
Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council’s (PPC) traffic generation guidelines. The
PPC’s traffic generation rates have been calculated for the subject site based on the existing and
proposed Future Land Use Plan categories. At this time, no site plan proposal or specific traffic
impact study has been submitted for this property; therefore the Planning Department is relying
upon the projected trip distribution used in the traffic impact study provided by the applicant as
part of the land use plan amendment and rezoning for the main church site and multiple
residential properties in the vicinity of the current property in 2000. This study was also
submitted to and relied upon by the Pinellas Planning Council (PPC) and Pinellas County as part
of that request.
Attachment number 8
Page 5 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 6 of 9
The PPC’s traffic generation rates have been calculated for the subject site based on the existing
and proposed Future Land Use Plan categories and distributed to Drew Street, McMullen Booth
Road and Gulf to Bay Boulevard as follows:
50% to / from west on Drew Street
20% to / from west on Gulf to Bay Boulevard / Bayview Avenue
15% to / from north on McMullen Booth Road
10% to / from south on McMullen Booth Road
5% to / from east on Drew Street
MAXIMUM POTENTIAL TRAFFIC
Drew Street (US 19 to McMullen Booth Road)
55%
Current
Situation
Existing
Plan1
Proposed
Plan2
Net New
Trips
Maximum Daily Added Potential Trips N/A 195 298 103
Maximum PM Peak Hour Added Potential Trips3 N/A 19 28 9
Volume of Drew Street from US 19 to McMullen
Booth Road
20,030 20,225 20,328 103
LOS of Drew Street between US 19 to McMullen
Booth Road
C C C C
McMullen Booth Road (Gulf to Bay Boulevard
to Main Street) 25%
Current
Situation
Existing
Plan1
Proposed
Plan2
Net New
Trips
Maximum Daily Added Potential Trips N/A 89 136 47
Maximum PM Peak Hour Added Potential Trips3 N/A 8 13 5
Volume of McMullen Booth Road – Between Gulf
to Bay and Main Street
62,761 62,850 62,897 47
LOS of McMullen Booth Road – Between Gulf to
Bay and Main Street
F F4 F4 F4
Gulf to Bay Boulevard (Bayshore Boulevard to
US 19) 20%
Current
Situation
Existing
Plan1
Proposed
Plan2
Net New
Trips
Maximum Daily Added Potential Trips N/A 71 108 37
Maximum PM Peak Hour Added Potential Trips3 N/A 7 10 3
Volume of Gulf to Bay Boulevard Between
Bayshore Boulevard and US 19
62,500 62,571 62,608 37
LOS of McMullen Booth Road – Between Gulf to
Bay and Main Street
F F4 F4 F4
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) Future Land Use.
2 = Based on PPC calculations of 104 trips per day per acre for “religious/civic facilities” in the Institutional (I) Future Land Use
3 = Based on MPO K-factor of 0.095.
4 = Volume of traffic remains within one percent of existing traffic so the LOS remains the same.
Source: “The Rules” of the Countywide Future Land Use Plan and the Facility Level of Service Report (Pinellas County Format) (Peak Hour
Directional) Pinellas County MPO Year 2009 LOS Analysis with Existing Conditions, Final (8-31-09) C.
Traffic generated by this plan amendment is projected to be less than a 1% increase and would
not result in the degradation of the existing LOS to the surrounding road network as the number
of trips that may possibly be generated by this application are minimal. The applicant will be
responsible for a traffic impact study with a schedule of any required transportation
improvements at the time of site plan submittal to the City.
Attachment number 8
Page 6 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 7 of 9
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer’s Manual.
Uses
Square
Footage/Dwelling
Units
Daily
Trips
Net
Increase of
Average
Daily Trips
PM
Peak
Trips
Net Increase
of PM Peak
Trips
Existing Zoning/Future Land Use Plan
Existing Use
Single Family Residences
and Vacant Land
39
373
N/A 29 N/A
Proposed Zoning/Future Land Use Plan
Permitted Uses
Religious/Civic Facilities 147,515 sq. ft. 1,343 970 81 52
GFA = gross floor area
Mass Transit
The Citywide LOS for mass transit will not be negatively affected by the proposed plan
amendment. The subject site is located directly within one existing “looped” transit route that
runs along McMullen Booth Road, Gulf to Bay Boulevard, Drew Street and Bayview Avenue.
Water
Under the current Future Land Use Plan category, approximately 10,155 gallons per day could
be used for residential on the property. Under the proposed Future Land Use Plan category,
water demand could approach approximately 14,751 gallons per day for the maximum gross
floor area of non-residential use. The City of Clearwater Engineering Department has confirmed,
however, that the proposed land use will not negatively affect the City’s current LOS for potable
water.
Wastewater
The current Future Land Use Plan category for this property could produce up to 9,140 gallons
per day. Under the proposed Future Land Use Plan category, the proposed demand could
approach approximately 11,801 gallons per day. The City of Clearwater Engineering Department
has confirmed that the proposed land use will not negatively affect the City’s current LOS for
wastewater.
Solid Waste
The current Future Land Use Plan category could result in the production of 98 tons of solid
waste per year. Under the proposed Future Land Use Plan category, the proposed demand could
potentially approach approximately 258 tons of solid waste per year. The City of Clearwater
Solid Waste Department has confirmed that the proposed land use will not negatively affect the
City’s current LOS for solid waste disposal.
Attachment number 8
Page 7 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 8 of 9
Recreation and Open Space
The proposed land use plan amendment and rezoning will not impact the LOS of recreational
acreage or facilities due to available capacity. Should the site be redeveloped, Open Space,
Recreation Land and Recreation Facility impact fees may be required prior to the issuance of a
building permit. This will be determined as part of the development review process.
Schools
The proposed future land use plan and zoning designations will not result in new residential
development and therefore according to the School Board’s program, there is no concurrency
impact associated with the change.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in the degradation of the existing LOS to the adjacent roads. Further,
there is a minimal impact to water, wastewater, and solid waste service as each has adequate
capacity to handle the maximum potential increase in demand generated by this proposed
amendment. Open space and recreation facilities, schools, and mass transit will not be affected
by the proposed future land use plan category.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. Prior to development of this property, site
plan approval will be required. At that time, tree preservation requirements will be addressed and
the stormwater management system will be required to meet all City and Southwest Florida
Water Management District (SWFWMD) stormwater management criteria.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. Any
redevelopment would require compliance with the City’s tree preservation and storm water
management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed Institutional (I) District boundaries is consistent with the
boundaries of the subject parcels, which are generally rectangular. The proposed Institutional (I)
District is compatible with the surrounding institutional uses.
Attachment number 8
Page 8 of 9
Community Development Board – March 16, 2010 – Case LUZ2009-12004 Page 9 of 9
The location of the proposed Institutional (I) zoning district boundaries is logical and
consolidates this property into the appropriate zoning district. The Institutional (I) zoning district
is a compatible district with the adjacent Institutional (I) zoning located to the immediate north,
south, and east.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from the Residential Urban (RU) classification to
the Institutional (I) classification for the subject site and rezoning from the Low Medium Density
Residential (LMDR) District to the Institutional (I) District is requested. The proposed site is
currently single family and vacant single family parcels. The request makes the Future Land Use
Plan classification and zoning designation for these parcels consistent with the surrounding
property and consolidates the church-owned property into the appropriate categories.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Urban
(RU) classification to the Institutional (I) classification and rezoning request from the Low
Medium Density Residential (LMDR) designation (City) and R-2 and R-3 residential
designations (County) to the Institutional (I) District designation.
Prepared by Planning Department staff: _______________________________
Sandra E. Herman, Planner III
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Plan Map
Zoning Map
Existing Surrounding Land Use Map
Site Photographs
Attachment number 8
Page 9 of 9
Ordinance No. 8148-10
ORDINANCE NO. 8148-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF FIRST BAPTIST CHURCH OF
CLEARWATER, INC. A/K/A CALVARY BAPTIST, 110
MCMULLEN BOOTH ROAD, STARTING AT
APPROXIMATELY 950 FEET SOUTH OF DREW STREET,
AND WEST OF MCMULLEN BOOTH ROAD, CONSISTING
OF A PORTION OF SECTION 16, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, INCLUDING LOT 3, BLOCK 2, LOT 3
AND A PORTION OF LOT 4, BLOCK 4, AND LOTS 11 AND
12, BLOCK 4, BAY VIEW CITY SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 3043 CHERRY LANE, 3031
VIRGINIA AVENUE, 3009 KENTUCKY AVENUE AND 225
BAYVIEW AVENUE, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY, 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:
Legal description attached.
(ANX2009-12017)
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.
Attachment number 9
Page 1 of 2
2 Ordinance No. 8148-10
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 9
Page 2 of 2
Ordinance No. 8151-10
ORDINANCE NO. 8151-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO CHANGE THE LAND USE DESIGNATION FOR
CERTAIN REAL PROPERTY (MULTIPLE LOTS) LOCATED
APPROXIMATELY 950 FEET SOUTH OF DREW STREET,
WEST OF MCMULLEN BOOTH ROAD, SOUTH OF 110
NORTH MCMULLEN BOOTH ROAD (FIRST BAPTIST
CHURCH OF CLEARWATER, INC A/K/A CALVARY
BAPTIST), CONSISTING OF A PORTION OF SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, INCLUDING
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 BLOCK 1, BAY
VIEW CITY SUBDIVISION, LOTS 1, 2, 3, 4, 5, 9 AND 10,
BLOCK 2, BAY VIEW CITY SUBDIVISION AND LOTS 1, 2,
3, A PORTION OF LOT 4, LOTS 9, 10 AND A PORTION OF
LOT 8 AND LOTS 11 AND 12, BLOCK 4, BAY VIEW CITY
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 110
MCMULLEN BOOTH ROAD, FROM RESIDENTIAL URBAN
(RU) TO INSTITUTIONAL (I); 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 as follows:
Property Land Use Category
See attached legal description From: Residential Urban (RU)
LUZ2009-12004 To: Institutional (I)
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, subject
to the approval of the land use designation by the Pinellas County Board of County
Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government
Comprehensive Planning and Land Development Regulation Act, pursuant to
§ 163.3189, Florida Statutes. The Community Development Coordinator is authorized
to transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City’s Comprehensive Plan as amended by this ordinance.
Attachment number 10
Page 1 of 2
2 Ordinance No. 8151-10
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 10
Page 2 of 2
Ordinance No. 8152-10
ORDINANCE NO. 8152-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN REAL PROPERTY (MULTIPLE
LOTS) LOCATED APPROXIMATELY 950 FEET SOUTH OF
DREW STREET, WEST OF MCMULLEN BOOTH ROAD,
SOUTH OF 110 NORTH MCMULLEN BOOTH ROAD
(FIRST BAPTIST CHURCH OF CLEARWATER, INC A/K/A
CALVARY BAPTIST), CONSISTING OF A PORTION OF
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
INCLUDING LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12
BLOCK 1, BAY VIEW CITY SUBDIVISION, LOTS 1, 2, 3, 4,
5, 9 AND 10, BLOCK 2, BAY VIEW CITY SUBDIVISION
AND LOTS 1, 2, 3, A PORTION OF LOT 4, LOTS 9, 10
AND A PORTION OF LOT 8 AND LOTS 11 AND 12,
BLOCK 4, BAY VIEW CITY SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 110 MCMULLEN BOOTH ROAD,
FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO
INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property Zoning District
See attached legal description From: Low Medium Density Residential
(LMDR)
LUZ2009-12004 To: Institutional (I)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 8151-10 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
PASSED ON FIRST READING ____________________
Attachment number 11
Page 1 of 2
2 Ordinance No. 8152-10
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 11
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Plan Amendment from the Residential Low Medium (RLM) Classification to the Residential/Office/Retail
((R/O/R) and Residential Medium (RM) Classifications and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to
the Commercial (C) and Medium Density Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard (consisting
of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast ¼ of the southeast ¼ of Section 13, Township 29 South,
Range 15 East); and Pass Ordinances 8143-10 and 8144-10 on first reading. (LUZ2009-12003)
SUMMARY:
This Future Land Use Plan amendment application involves property comprising approximately 30.07 acres in area located at the
southwest corner of Gulf to Bay Boulevard and Belcher Road. This property, formerly known as the Lakeside Mobile Home Park, has a
Future Land Use Plan classification of Residential Low Medium (RLM) and a zoning designation of Mobile Home Park (MHP). The
applicant is requesting to amend the Future Land Use Plan classification of the northern 11.637 acres of the site (proposed Parcel 1) to
the Residential/Office/Retail (R/O/R) classification and to rezone it to the Commercial (C) District and to amend the southern 18.435
acres (proposed Parcel 2) to the Residential Medium (RM) classification and to rezone it to the Medium Density Residential (MDR)
District in order to redevelop the property with commercial uses on Parcel 1 and attached dwellings on Parcel 1.
The applicant has submitted a Development Agreement application in conjunction with this proposed land use plan amendment and
rezoning which will limit the development potential of Parcel 1 to 90,000 square feet of commercial uses where 202,263 square feet
could be permitted and to 243 attached dwelling units on Parcel 2 where 276 units could be permitted. The agreement also obligates the
developer to implement certain transportation improvements and would be in effect for 10 years.
The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are
consistent with the following standards specified in the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive Plan and the Countywide Rules.
The proposed uses are compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
Please refer to the land use plan amendment and rezoning (LUZ2009-12003) staff report for the complete analysis. In accordance with
the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of
County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and
approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed this application
at its public hearing on February 15, 2010 and unanimously recommended approval of the Future Land Use Plan amendment.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Community Development Board – February 16, 2010 - Case LUZ2009-12003-Page 1 of 15
Revised for City Council Meeting March 18, 2010
CDB Meeting Date: February 16, 2010
Case Number: LUZ2009-12003
Owner/Applicant: Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C.
Address: 2165 Gulf-to-Bay Boulevard
Agenda Item: E-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST: (a) Future Land Use Plan amendment from the Residential
Low Medium (RLM) Classification to the
Residential/Office/Retail (R/O/R) and Residential
Medium (RM) Classifications.
(b) Rezoning from the Mobile Home Park (MHP) District
to the Commercial (C) and Medium Density Residential
(MDR) Districts.
SITE INFORMATION
PROPERTY SIZE: 1,309,849 square feet or 30.07 acres (total)
(1) 2165 Gulf-to-Bay Boulevard Proposed Parcel 1:
506,908 square feet or 11.637 acres
(2) Gulf-to-Bay Boulevard Proposed Parcel 2: 803,028
square feet or 18.435 acres
PROPERTY USE:
Current Use: Vacant (former Mobile Home Park)
Proposed Use: Retail/Commercial and Attached Dwellings
PLAN CATEGORY:
Current Category: Residential Low Medium (RLM)
Proposed Category: Residential/Office/Retail (R/O/R) and Residential Medium
(RM)
ZONING DISTRICT:
Current District: Mobile Home Park (MHP)
Proposed District: Commercial (C) and Medium Density Residential (MDR)
Attachment number 1
Page 1 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 2 of 15
Revised for City Council Meeting March 18, 2010
EXISTING North: Drug store, Grocery Store, and Vacant Retail/
SURROUNDING USES: Commercial
West: Auto Dealership and Single-Family Residential
South: Single-Family Residential
East: Retail/Commercial, Bank, and Office
ANALYSIS:
This Future Land Use Plan amendment and rezoning application involves three parcels of land,
comprising approximately 30.07 acres in area, located west of South Belcher Road between
Gulf-to-Bay Boulevard and Druid Road. The applicant is proposing minor lot line adjustments
as part of two related Flexible Development applications submitted concurrently with this land
use plan amendment and rezoning application (see Case No. FLD2009-12045 and Case No.
FLD2009-12046), resulting in two parcels to be addressed by this request. The subject property
is currently vacant, but was formerly occupied by a 295-unit mobile home park. It has an
existing Future Land Use Plan designation of Residential Low Medium (RLM) and a zoning
designation of Mobile Home Park (MHP). The applicant is requesting to amend the Future Land
Use Plan classification of proposed Parcel 1 (northern 11.637 acres of property) to the
Residential/Office/Retail (R/O/R) classification and to rezone it to the Commercial (C) District
in order to permit the development of retail/commercial uses. The applicant is also requesting to
amend the Future Land Use Plan classification of proposed Parcel 2 (southern 18.435 acres of
property) to the Residential Medium (RM) classification and to rezone it to the Medium Density
Residential (MDR) District in order to permit the development of attached dwellings.
A proposed development agreement between the applicant and the City is also associated with
this site that limits the amount of retail/commercial uses on Parcel 1 to 90,000 square feet
(202,763 square feet allowed pursuant to the Residential/Office Retail (R/O/R Plan designation);
limits the number of developable residential units on Parcel 2 to 243 dwelling units (276 units
allowed pursuant to the Residential Medium (RM) Plan designation); and limits the building
heights to 36 feet on proposed Parcel 1 and 41-feet on proposed Parcel 2 (see Case No.
DVA2009-00005, agenda item E4 for complete analysis).
In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject
to approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the size of the parcel as well as the proposed density,
review and approval by the Florida Department of Community Affairs is required.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-
602.F.1 and Section 4-603.F.1 and 2]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
A.2. Goal – A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
Attachment number 1
Page 2 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 3 of 15
Revised for City Council Meeting March 18, 2010
A.2.2.2 Policy – Residential land uses shall be appropriately located on local and minor collector
streets; if appropriately buffered; they may be located on major collector and arterial
streets. Residential land uses shall be sited on well-drained soils, in proximity to parks,
schools, mass transit and other neighborhood-serving land uses.
A.2.2.3 Policy – Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts
into residential neighborhoods. New plats and site plans shall discourage the creation of
"strip commercial" zones by insuring that adequate lot depths are maintained and by
zoning for commercial development at major intersections.
A.4. Goal – The City shall not permit development to occur unless an adequate level of
service is available to accommodate the impacts of development. Areas in which the
impact of existing development exceeds the desired levels of service will be upgraded
consistent with the target dates for infrastructure improvements included in the applicable
functional plan element.
A.4.1.1 Policy – No new development or redevelopment will be permitted which causes the level
of City services (roads, recreation and open space, water, sewage treatment, garbage
collection, public school facilities, and drainage) to fall below minimum acceptable
levels. However, development orders may be phased or otherwise modified consistent
with provisions of the concurrency management system to allow services to be upgraded
concurrently with the impacts of development.
A.6. Goal – The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic resources,
ensure neighborhood preservation, redevelop blighted areas, and encourage infill
development.
A.6.2.1 Policy – On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
B.1.3.1 Policy – Requests for amendment to the Future Land Use Map will have an analysis of
traffic impacts.
B.1.4 Objective - The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the
land use map, rezoning, subdivision plat, or site plan approval.
C.1.1 Objective for Adequate Housing - Assure an adequate supply of housing in Clearwater by
providing for additional new dwelling units in a variety of types, costs, and locations to
meet the needs of the residents of the City of Clearwater.
C.1.1.1 Policy – Maintain sufficient residentially zoned acreage, of varying densities and
locations, to accommodate the existing and future housing needs of the City of
Clearwater.
Attachment number 1
Page 3 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 4 of 15
Revised for City Council Meeting March 18, 2010
Recommended Conclusions of Law
Amending the Future Land Use Plan classification and zoning designation of the subject
property will facilitate commercial and residential at an appropriate location within the City.
The development of retail/commercial uses at the corner of Gulf-to-Bay Boulevard and South
Belcher Road and attached dwellings along South Belcher Road and Druid Road are both
consistent with the locational criteria specified in the Comprehensive Plan and is also consistent
with and compatible with the surrounding environment. The neighborhood land uses include a
variety of retail uses, vehicle sales uses and single family residential uses. The redevelopment
of this site will promote infill redevelopment of what was a blighted site and provides
opportunities for new residential development in an area of the City that has not had new housing
in many years. Public transportation is available adjacent to the property, along both Gulf-to-
Bay Boulevard and South Belcher Road, which will provide access to both the residents of the
proposed attached dwellings as well as patrons and employees of the proposed commercial
development.
The applicant has provided a traffic study that utilizes a methodology developed jointly with City
staff and has been reviewed by Pinellas County and the Florida Department of Transportation.
In order to mitigate potential traffic impacts the developer will be obligated to construct a variety
of improvements adjacent to the site as well as to dedicate land to the City for right-of-way
purposes (see Sufficiency of Public Facilities section as well as Case No. DVA2009-00005).
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Residential/Office/Retail (R/O/R) category (proposed Parcel 1), as
specified in Section 2.3.3.4.3 of the Countywide Rules, is to depict those areas of the County that
are now developed, or appropriate to be developed, in residential, office and/or retail commercial
use; and to recognize such areas as well suited for mixed-use of a residential/office/retail
character consistent with the surrounding uses, transportation facilities and natural resource
characteristics of such areas. This category is generally appropriate to locations where it would
service as a transition from an urban activity center or more intensive nonresidential use to
residential, office or public/semi-public use; and in areas where the size and scale of
development will accommodate true mixed residential, office and retail use. These areas are
typically in proximity to and served by the arterial and major thoroughfare highway network in
and adjacent to activity centers where mixed-use development allows interaction between uses
and encourages mass transit and non-vehicular trips.
The purpose of the proposed Residential Medium (RM) category (proposed Parcel 2), as
specified in Section 2.3.3.2.2 of the Countywide Rules, is to depict those areas of the County that
are now developed, or appropriate to be developed, in a moderately intensive residential manner;
and to recognize such areas as primarily well-suited for residential uses that are consistent with
the urban qualities, transportation facilities and natural resource characteristics of such areas.
The Residential Medium (RM) category is generally appropriate to locations within or in close
Attachment number 1
Page 4 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 5 of 15
Revised for City Council Meeting March 18, 2010
proximity to urban activity centers; and in areas serving as a transition between less urban and
more urban residential and mixed use areas. These areas are typically in close proximity to and
may have direct access from the arterial and thoroughfare highway network.
The site is situated at a major commercial intersection within the City. Retail and commercial
uses characterize the immediate area. Such uses are located on Gulf-to-Bay Boulevard
(Albertson’s grocery and CVS) and South Belcher Road (Gulf to Bay Plaza, including Publix).
This site is also located in close proximity to property developed with residential uses with
allowable densities ranging between 7.5 units per acre to 15 units per acre. The proposed use of
90,000 square feet of retail/commercial uses on proposed Parcel 1 is consistent with the purposes
of the Residential/Office/Retail (R/O/R) category which permits retail development at a 0.40
floor area ratio. The proposed use of 243 attached dwelling units on proposed Parcel 2 is
consistent with the purposes of the Residential Medium (RM) category which permits attached
dwellings up to 15 dwelling units.
The site is also located within a segment of South Belcher Road that has been designated a
Scenic/Non-commercial Corridor and classified as an Enhancement Connector according to
Section 4.2.7.1.3 of the Countywide Rules. Enhancement Connectors are areas characterized by
an existing or evolving pattern of land uses that are not exclusively non-commercial, including
the respective plan categories within Residential, Mixed Use, and Commercial plan
classifications shown on the Countywide Future Land Use Plan. The Scenic/Non-Commercial
Corridor Element states that this subclassification may include roadway segments that would not
otherwise qualify as a Scenic/Non-Commercial Corridor, but where it is appropriate to include
such segments in order to provide continuity and interconnection of the corridor designation, as
well as to encourage their visual and operational enhancement to compliment the larger corridor.
The request to amend the land use plan category on proposed Parcel 1 to
Residential/Office/Retail (R/O/R) is consistent with the applicable requirements of the
Countywide Plan Rules Section 4.2.7.1.4, which allows a plan amendment to a non-residential
use on a Scenic Non-Commercial Corridor if it is a logical in-fill, extension or terminus of an
existing non-residential classification of an adjoining existing non-residential use, the
amendment is considered in relationship to the existing delineation of surrounding categories,
and the amendment is consistent with the purpose and intent of the Scenic/Non-Commercial
Corridor Element. The Residential/Office/Retail (R/O/R) category is consistent with the
adjacent properties’ Commercial General (CG) designations, connecting two areas of
commercial at the corner of Gulf-to-Bay Boulevard and South Belcher Road, consistent with
surrounding land use patterns.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan as well as the additional regulations set forth pertaining to Scenic/Non-
Commercial Corridors and the Scenic/Non-Commercial Corridor Element; therefore, the
proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3]
Attachment number 1
Page 5 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 6 of 15
Revised for City Council Meeting March 18, 2010
Recommended Findings of Fact
Uses located to the north of proposed Parcel 1 across Gulf-to-Bay Boulevard and to the east
across South Belcher Road include a variety of retail sales and services. A vehicle sales and
display use also abuts the proposed parcel’s western boundary, and a small area of single-family
residential uses are adjacent to the parking for the vehicle sales use. Single-family dwellings
characterize the immediate area to the west of proposed Parcel 2 and across Druid Road to the
south. Uses east of proposed Parcel 2, across South Belcher Road, include office and retail.
Commercial General (CG) and Residential/Office General (R/OG) future land use classifications
exist to the north, east and west of the property. Residential Urban (RU) future land use
classification is found to the south and west of the property.
The proposed Future Land Use Plan and zoning designations will allow retail and residential
development at a density and scale that is consistent with the existing commercial and residential
development patterns in the vicinity of the site. The proposed Future Land Use Plan amendment
and rezoning is compatible with the surrounding areas and will allow development that is in
character with the surrounding area.
Recommended Conclusions of Law
The proposed Future Land Use Plan and zoning designations are in character with the overall
Future Land Use Plan and zoning designations in the area. The Residential/Office/Retail
(R/O/R) future land use classification requested for proposed Parcel 1 is compatible with the
surrounding Commercial General (CG) areas. The requested Residential Medium (RM)
classification for proposed Parcel 2 is compatible with the surrounding Residential Urban (RU),
Commercial General (CG), and Residential/Office General (R/OG) categories as it will provide
an` appropriate transition from more intensive commercial uses to lower density residential areas
to the south. The proposed Future Land Use Plan and zoning designations are compatible with
surrounding uses and consistent with the character of the immediate surrounding area and
neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.6 and Section 4-
603.F.4]
Recommended Findings of Fact
As stated earlier, the overall subject site is approximately 30.07 acres in area and was formerly
occupied by a 295-unit mobile home park, where 102 units were located on proposed Parcel 1
and 193 units were located on proposed Parcel 2. The site is currently vacant. The current future
land use category of Residential Low Medium (RLM) and Mobile Home Park (MHP) zoning
district permits residential dwellings at a density of 10 dwelling units per acre. The
Residential/Office/Retail (R/O/R) Future Land Use Plan category permits residential dwellings at
a density of 18 dwelling units per acre or retail and commercial uses at a 0.40 floor area ratio
(FAR). Based on a maximum permitted development potential in the proposed
Residential/Office/Retail (R/O/R) Future Land Use Plan, 209 dwelling units or a floor area of
202,763 square feet could be potentially constructed on proposed Parcel 1 (11.637 acres). The
allowable development potential in the Residential Medium (RM) category requested for
Attachment number 1
Page 6 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 7 of 15
Revised for City Council Meeting March 18, 2010
proposed Parcel 2 (18.435 acres) is 15 dwellings units per acre, which would allow 276 dwelling
units to be constructed on this site. As stated earlier, the applicant is proposing to limit
commercial development on proposed Parcel 1 to no more than 90,000 square feet and
residential development on proposed Parcel 2 to 243 attached units (apartments) through a
development agreement. For the purposes of this evaluation of impacts to public facilities,
however, the most intensive use and density allowed is analyzed.
Roadways
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council’s (PPC) traffic generation guidelines. The
PPC’s traffic generation rates have been calculated for proposed Parcel 1 and Parcel 2 based on
the existing and proposed Future Land Use Plan categories and is analyzed below.
Maximum Development Potential Analysis Using MPO Level of Service Report
The subject site is proposed to have direct access to Gulf-to-Bay Boulevard, South Belcher Road
and Druid Road. According to the traffic analysis submitted by the applicant and approved by
the City’s Engineering Department, potential traffic generation will be distributed among the
three roadways in the following manner: 30% of the trips will be distributed to Gulf-to-Bay
Boulevard; 47% of the trips will be distributed to South Belcher Road; and 20% of the trips will
be distributed to Druid Road. The remaining 3% of the trips are expected to flow between the
subject site and the shopping center located on the east side of the site, across South Belcher
Road. The traffic analysis submitted by the applicant utilizes different segment beginnings and
ends than those included within the Pinellas County Metropolitan Planning Organization (MPO)
Level of Service (LOS) Report; therefore, the following table does not utilize the trip distribution
percentages provided within the secondary analysis. The resulting figures assume that the net
new trips generated would be distributed from only one access point onto one single adjacent
segment, as opposed to distributed among the three adjacent roadways, thus presenting the
maximum potential traffic to be generated on each segment by each proposed parcel and related
land use change.
Attachment number 1
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Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 8 of 15
Revised for City Council Meeting March 18, 2010
MAXIMUM POTENTIAL TRAFFIC (Proposed Parcel 1 – 11.637 acres)
Gulf-to-Bay Boulevard: Between Keene
Road and Belcher Road
Current
Situation
Existing
Plan1
Proposed
Plan2
Net New
Trips
Maximum Daily Added Potential Trips N/A 780 3,945 3,165
Maximum PM Peak Hour Added Potential
Trips3 N/A 74 375 301
Volume of Gulf-to-Bay Boulevard from Keene
Road to Belcher Road 59,500 60,280 63,445 3,165
LOS of Gulf-to-Bay Boulevard from Keene
Road to Belcher Road F F F F
Belcher Road: Between Nursery Road &
Gulf-to-Bay Boulevard
Maximum Daily Added Potential Trips N/A 780 3,945 3,165
Maximum PM Peak Hour Added Potential
Trips3 N/A 74 375 301
Volume of Belcher Road from Nursery Road
to Gulf-to-Bay Boulevard 23,604 24,384 27,549 3,165
LOS of Belcher Road from Nursery Road to
Gulf-to-Bay Boulevard C C C C
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 67 trips per acre per day for the Residential Medium (RLM) Future Land Use Category.
2 = Based on PPC calculations of 339 trips per acre per day for the Commercial General (R/O/R) Future Land Use Category.
3 = Based on MPO K-factor of 0.095.
Source: “The Rules” of the Countywide Future Land Use Plan
MAXIMUM POTENTIAL TRAFFIC (Proposed Parcel 2 – 18.435 acres)
Belcher Road: Between Nursery Road &
Gulf-to-Bay Boulevard
Current
Situation
Existing
Plan1
Proposed
Plan2
Net New
Trips
Maximum Daily Added Potential Trips N/A 1,235 1,880 645
Maximum PM Peak Hour Added Potential
Trips3 N/A 117 179 61
Volume of Belcher Road from Nursery Road
to Gulf-to-Bay Boulevard 23,604 24,839 25,484 645
LOS of Belcher Road from Nursery Road to
Gulf-to-Bay Boulevard C C C C
Druid Road: Between Belcher Road &
Keene Road
Maximum Daily Added Potential Trips N/A 1,235 1,880 645
Maximum PM Peak Hour Added Potential
Trips3 N/A 117 179 61
Volume of Belcher Road from Nursery Road
to Gulf-to-Bay Boulevard 7,349 8,584 9,229 645
LOS of Belcher Road from Nursery Road to
Gulf-to-Bay Boulevard C C C C
Attachment number 1
Page 8 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 9 of 15
Revised for City Council Meeting March 18, 2010
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 67 trips per acre per day for the Residential Medium (RLM) Future Land Use Category.
2 = Based on PPC calculations of 102 trips per acre per day for the Commercial General (RM) Future Land Use Category.
3 = Based on MPO K-factor of 0.095.
Source: “The Rules” of the Countywide Future Land Use Plan
Based on the 2009 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
(LOS) Report, the segment of Gulf-to-Bay Boulevard from Keene Road to Belcher Road has a
LOS F, the segment of Belcher Road from Nursery Road to Gulf-to-Bay Road has a LOS C, and
the segment of Druid Road from Belcher Road to Keene Road has a LOS D. The proposed
Future Land Use Plan categories could generate an increase in PM Peak Hour traffic on these
three roadway segments by as much as 301 trips. As required by the City’s Comprehensive Plan,
all affected roadway segments and intersections must maintain a LOS D. Any impacts generated
by the proposed development degrading the LOS below the acceptable level will require
mitigation at the expense of the applicant.
Specific uses in the existing and proposed zoning districts have also been analyzed for the
number of vehicle trips that could be generated based on the Institute of Transportation
Engineer’s Trip Generation 8th Edition.
Attachment number 1
Page 9 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 10 of 15
Revised for City Council Meeting March 18, 2010
Uses
Square Footage/
Residential Units
Daily
Trips
Net Change of
Average Daily
Trips
PM Trips
Average Rate
PM
Peak
Trips
Net Change
of PM Peak
Trips
Existing MHP
District/ RLM
Future Land Use
Plan
Maximum
Development
Potential
Former Mobile
Home Park (MHP)1
(4.99 trips/unit) 300 units4 1,497 N/A 0.60 180 N/A
Proposed C District /
R/O/R Future Land
Use Plan
(Parcel 1)
Maximum
Development
Potential
Shopping Center2
(42.94 trips/1,000 sf gfa) 202,763 sf5 8,707 7,210 3.73 756 576
Apartment
Residential Units3
(6.65 trips/unit) 209 units6 1,390 -107 0.62 130 -50
Proposed MDR
District / RM Future
Land Use Plan
(Parcel 2)
Maximum
Development
Potential
Apartment
Residential Units3
(6.65 trips/unit) 276 units7 1,835 338 0.67 185 5
Permitted Use
through Proposed
Development
Agreement
(DVA2009-00005)
Maximum
Development
Potential
Proposed Parcel 1:
Shopping Center2
(42.94 trips/1,000 sf gfa) 90,000 sf 3,865 N/A 3.73 336 N/A
Proposed Parcel 2:
Low-Rise Apartment
Residential Units3
(6.65 trips/unit) 243 units 1,616 N/A 0.62 151 N/A
Total Trips
(Parcel 1 + Parcel 2)
90,000 sf +
243 units 5,481 3,984 N/A 487 307
1 = Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 240
2 = Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 820
3 = Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 220
4 = Total Dwelling units per acre permitted by the underlying RLM Future Land Use Plan category is 10 units per acre.
5 = Total gross floor area ratio permitted by the underlying R/O/R Future Land Use Plan category is 0.40.
6 = Total dwelling units per acre permitted by the underlying R/O/R Future Land Use Plan category is 18 units per acre.
7 = Total Dwelling units per acre permitted by the underlying RM Future Land Use Plan category is 15 units per acre.
Attachment number 1
Page 10 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 11 of 15
Revised for City Council Meeting March 18, 2010
Limited Development Potential Analysis Based on Development Agreement and Traffic Study
A traffic analysis was prepared by the applicant based on a methodology approved by the City’s
Engineering Department for a 92,500 square foot shopping center on proposed Parcel 1 and 260
units on proposed Parcel 2. Since the time the study was prepared, the applicant’s development
agreement proposal has further restricted development potential to 90,000 square feet of
retail/commercial use and 243 attached dwellings. The findings of the study indicate that the
proposed development will result in a total of 236 net new PM Peak Hour trips distributed over
three roadways. Based upon an analysis of State Route 60, Druid Road and Belcher Road using
the Synchro program, it was determined that State Road 60 and Druid Road currently operate at
a Level of Service C and Belcher Road operates at a D. To ensure that the proposed project does
not degrade the level of service of any of these roadways below a D, the applicant worked with
the City, Pinellas County and the Florida Department of Transportation to develop the following
mitigation measures:
• Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only
lane on S.R. 60;
• Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main
Avenue with right turn in, right turn out, and left turn in only movements;
• Installation of a directional median separator on S.R. 60 between South Main Avenue and
the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns
exiting South Main Avenue;
• Construction of left turn modifications to the median of S.R. 60 located between South
Main Avenue and Belcher Road;
• Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and
the Parcel 1 project entrance;
• Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project
entrance with pedestrian signals at all four legs of the intersection;
• Granting of an easement, in favor of the City, for the purpose of installation and
maintenance of signal control equipment to be located at the southwest corner of the
intersection of Belcher Road and the project drive/Publix entrance; and
• Construction of three Parcel 2 project entrance driveways on Druid Road.
Link Operation with Improvements Pursuant to Proposed Development Agreement
S.R. 60 (Hercules to
Old Coachman
Belcher Road
(Harn to
Cleveland)
Druid Road
(Edenville to
Hercules
Level of Service –
East and North
Bound
C
C
C
Level of Service –
West and South
Bound
C
D
C
Attachment number 1
Page 11 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 12 of 15
Revised for City Council Meeting March 18, 2010
It should be noted that the applicant proposed to construct the right turn lane along the south side
of Gulf to Bay Boulevard (SR 60). Upon review by the Florida Department of Transportation
staff, it was determined that traffic signals at this intersection should be replaced with mast arm
signals when the turning lane is added. At present there is insufficient space within the existing
right-of-way on the north side of Gulf to Bay Boulevard to accommodate such new mast arm
poles; therefore, the applicant is dedicating land to be used in the future when additional right-of-
way is obtained on the north side of the intersection.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change. The subject site is located directly between two
existing transit routes along Gulf-to-Bay Boulevard (north) and South Belcher Road (east).
Water
The current Future Land Use Plan category could use up to 78,300 gallons per day. Under the
proposed Future Land Use Plan categories, water demand could approach approximately
126,294 gallons per day. The City of Clearwater Engineering Department has confirmed,
however, that the increase will not negatively affect the City’s current LOS for water.
Wastewater
The current Future Land Use Plan category could produce up to 70,500 gallons per day. Under
the proposed Future Land Use Plan categories, sewer demand could approach approximately
113,665 gallons per day. The City of Clearwater Engineering Department has confirmed that the
proposed land use will not negatively affect the City’s current LOS for wastewater.
Solid Waste
The current Future Land Use Plan category could result in the production of 762 tons of solid
waste per year. Under the proposed Future Land Use Plan categories, the development of a
shopping center on proposed Parcel 1 and the maximum development of 276 dwelling units on
proposed Parcel 2 could generate 1,440 tons of solid waste per year. The proposed Future Land
Use Plan amendment will not negatively affect the City’s current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
485 dwelling units if both proposed Parcels 1 and 2 are developed entirely as residential use;
however, the use of the site is proposed to be limited to commercial development on proposed
Parcel 1 of up to 90,000 square feet and residential development on proposed Parcel 2 of 243
attached units (apartments) per a development agreement (Case No. DVA2009-00005). The
proposed land use plan amendment and rezoning will not negatively impact the LOS of
recreational acreage or facilities due to available capacity. Payment of an Open Space,
Recreation Land and Recreation Facility impact fee will be required. The amount of this fee is
dependent on the actual number of units developed and will be addressed and paid prior to the
issuance of a building permit.
Attachment number 1
Page 12 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 13 of 15
Revised for City Council Meeting March 18, 2010
Public School Facilities
Based on factors established by the Pinellas County School Board, the current Residential Low
Medium (RLM) plan category (maximum of 300 residential units) could generate the following
number of students.
Elementary School: 0.15 students per unit x 300 units = 45 students
Middle School: 0.07 students per unit x 300 units = 21 students
High School: 0.10 students per unit x 300 units = 30 students
TOTAL = 96 students
Even though the use of the site is proposed to be restricted to 243 residential units pursuant to a
development agreement (in addition to commercial uses), the maximum residential development
(209 units on Parcel 1 and 276 on Parcel 2) could generate the following number of students.
Elementary School: 0.15 students per unit x 485 units = 72 students
Middle School: 0.07 students per unit x 485 units = 34 students
High School: 0.10 students per unit x 485 units = 49 students
TOTAL = 155 students
An increase of 59 students could occur as a result of the proposed Future Land Use Plan
amendment. The subject property is located within Concurrency Service Area (CSA) C for
elementary and middle schools. According to enrollment and capacity data from the Pinellas
County School District, there is available capacity within both CSA C and the high school CSA
to accommodate the potential additional students.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment can be mitigated so as not to degrade the existing LOS below a D on any of the
adjacent roadways. Further, there is a minimal impact to water, wastewater, and solid waste
service as each has adequate capacity to serve the maximum potential increase in demand
generated by this proposed amendment. Open space and recreation facilities, school capacity
and mass transit will not be negatively affected by the proposed future land use plan amendment.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. Prior to development of this property, site
plan approval will be required. At that time, tree preservation requirements will be addressed and
the stormwater management system will be required to meet all City and Southwest Florida
Water Management District (SWFWMD) stormwater management criteria.
Attachment number 1
Page 13 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 14 of 15
Revised for City Council Meeting March 18, 2010
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. Any
redevelopment would require compliance with the City’s tree preservation and storm water
management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
Due to the commercial nature of the immediate vicinity along Gulf-to-Bay Boulevard, the
location of the proposed Commercial (C) boundaries (proposed Parcel 1) at the southwest corner
of Gulf-to-Bay Boulevard and South Belcher Road is logical and an appropriate classification. It
will be consistent with the existing Commercial (C) District to the west, north and east, and
compatible with the Medium Density Residential (MDR) and Low Medium Density Residential
(LMDR) Districts to the west and the proposed Medium Density Residential (MDR) District to
the south. The district boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines and existing improvements.
The location of the proposed Medium Density Residential (MDR) boundaries (proposed Parcel
2) is also logical and an appropriate classification. The proposed boundaries will provide a
transitional buffer between the single-family area to the west and south and the commercial areas
to the north and east. It will be consistent with the adjacent Medium Density Residential (MDR)
District to the west and compatible with the Low Medium Density Residential (LMDR) District
to the west and south. The district boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines and existing improvements.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from the Residential Low Medium (RLM)
classification to the Residential/Office/Retail (R/O/R) and Residential Medium (RM)
classifications for the subject site and rezoning from the Mobile Home Park (MHP) District to
the Commercial (C) and Medium Density Residential (MDR) Districts is requested. The
proposed site is currently vacant. This 30.07-acre site exceeds the minimum requirements for the
proposed use of the property for commercial and residential development. The site is surrounded
by single-family residential dwellings to the south and west and a variety of non-residential uses
to the east and north. The proposed future land use plan amendment and rezoning is compatible
with the existing neighborhood. The use and density of this property is proposed to be limited
through a companion development agreement application (Case No. DVA2009-00005).
The proposed Residential/Office/Retail (R/O/R) and Residential Medium (RM) Future Land Use
Plan classifications and Commercial (C) and Medium Density Residential (MDR) zoning
districts are consistent with both the City and the Countywide Comprehensive Plans, are
Attachment number 1
Page 14 of 15
Community Development Board – February 16, 2010 - Case LUZ2009-12003 - Page 15 of 15
Revised for City Council Meeting March 18, 2010
compatible with the surrounding area, do not degrade public services below acceptable levels
with the proposed traffic mitigations, are compatible with the natural environment and are
consistent with the development regulations of the City.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential
Low Medium (RLM) Classification to the Residential/Office/Retail (R/O/R) and Residential
Medium (RM) Classifications; and
b) Recommend APPROVAL of the rezoning from the Mobile Home Park (MHP) District to
the Commercial (C) and Medium Density Residential (MDR) Districts.
Prepared by Planning Department staff: _______________________________
Lauren Matzke, Planner III
Gina L. Clayton, Assistant Planning & Development
Director
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Plan Map
Zoning Map
Existing Surrounding Land Use Map
Site Photographs
Attachment number 1
Page 15 of 15
C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.11364.doc
PROJECT
SITE
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Location Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: LUZ2009-12003
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MDR Atlas Page: 298B
Attachment number 2
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DRUID RD DRUID RD
S BELCHER RD
S BELCHER RD
GULF-TO-BAY BLVD GULF-TO-BAY BLVD
2ND ST
2ND ST 1ST
ST
1ST
ST
BA
M
B
O
O
L
N
BA
M
B
O
O
L
N
GUNN AVE
GUNN AVE
S MAIN AVE
S MAIN AVE
GULF-TO-BAY BLVD GULF-TO-BAY BLVD
2ND ST
2ND ST
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Aerial Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: LUZ2009-12003
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MDR Atlas Page: 298B
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R/O/R
RM
RU
CG
RU
CG
RU RU
CG
CG
RU
CG CG
R/OG
RU
CG
RU
RU
RU
DRUID RD
S BELCHER RD
GULF-TO-BAY BLVD
CAMPUS DR ACADEMY DR
WOODLEY RD
NORMANDY RD
S DRUID CIR
GULF-TO-BAY BLVD
804
814
808
900
815
808
805 803
816815
801
800
808
804
820
812
901
800
804
715
900
520
901
2070 2100
21
1
7
21
1
5
2 1 8 2
21
1
9
2 1 7 7
20
7
4
20
7
5
20
8
7
219
8
20
7
0
20
6
1
2 1 7 0
21
3
0
219
8
20
7
7
20
7
0
21
0
1
20
7
8
22
00
20
6
6
20
6
6
20
6
1
21
1
8
2 1 8 8
219
4
20
6
7
20
7
1
20
6
0
2 1 8 3
533
811
808
529
533
519
525
809
530
809
816
524
693
537
528
60
811
511
655
538
20
9
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20
8
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9
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21
4
3
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6
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5
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2
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4
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2082
21
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9
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5
7
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0
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1
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217
0
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1
2086
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20
8
5
20
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3
21
4
9
20
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0
21
2
5
21
1
0
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8
20
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1
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0
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0
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3
20
7
5
20
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1
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9
21
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Future Land Use Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: LUZ2009-12003
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MDR Atlas Page: 298B
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Existing Surrounding Uses Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: LUZ2009-12003
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MDR Atlas Page: 298B
60
60
60
50
33
50
33
65
7 6
2 1
1
0
450(S)195.4
643(S)
495.98
154.02
97
50
90
250
520
444.26 125(S)
108
180
180(S)
180
125
192.66
154
97
50
60 60
60
100
83
50
33
50
50
40
50
50
33
40
02520
02538
34 35
3637
1
2
2
3
4
5
6
7
9
10
11
12
13
14
1
2
1 2 3 4 5 6 78 9
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14
25
26
23 22
19 20 21
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640
206.1
112.6 82.4
116.5
477(S)
140.9
139.87
618
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640
680
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1
2
317(S)
50
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83 83 100
50
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106107108109117
PHASE
3
PHASE
4
PHASE
5
PHASE
6
12
PHASE
2
PHASE
180
749.9
613.89
294
294
70
70
185
161.3 179
215
397.72
150
229
229
229
139.99
167
167
35.2
3
6.2
1
180
150
45
1
533
529
525
411
407314
529
533
519
530
800
316
524
800
804
528
601
511
655
520
20
9
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22
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2082
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2119
2082
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21102087
2174
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2085
2083
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2080
2158
2226
2150
2250
2083
2101
2078
2200
2210
2126
2078
2218
2236
2118
2166
2087
2 1 7 8
2081
DRUID RD
S BELCHER RD
GULF-TO-BAY BLVD
2ND ST
1ST
ST
CAMPUS DR
GUNN AVE
S MAIN AVE
GULF-TO-BAY BLVD
405403
409
803
525
809808
693
537
715
314
538
2092
2094
2100
2117
2143
2165
2143
2086
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209
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2170
2181
2086
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2140
2087
208
2077
209
2079
2078
2086
2226
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Shopping
Center with
Grocery
Store
Vacant
Vacant
Single
Family
Residential
Single Family Residential
Auto Dealership
Si
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Bank
Drug
Store
Vacant Shopping
Center Grocery
Store
Funeral
Home
Office
Attachment number 5
Page 1 of 2
C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.11368.docx
Attachment number 5
Page 2 of 2
View looking W from S. Belcher Rd close to Gulf to Bay Blvd
at subject property
View looking SW from S. Belcher Rd close to Gulf to Bay Blvd
at subject property
2165 Gulf to Bay Boulevard
Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046
Page 1 of 3
View looking NW from Druid Rd at the W side of the residential
portion of the subject property with adjacent detached dwellings
View looking W from S. Belcher Rd at Druid Rd at subject
property
.
View looking W along Druid Rd from S. Belcher Rd (subject
property on right; detached dwelling subdivision on left)
View looking E along Druid Rd from W side of subject property
(subject property on left; detached dwelling subdivision on
right)
Attachment number 6
Page 1 of 1
View looking N from intersection of Gulf to Bay Blvd and S.
Belcher Rd at retail sales on NE corner
View looking NW from intersection of Gulf to Bay Blvd and S.
Belcher Rd at automobile service station on NW corner
2165 Gulf to Bay Boulevard
Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046
Page 2 of 3
View looking N at E side of adjacent automobile sales on Gulf
to Bay Blvd W of commercial portion of subject property
View looking N at retail sales at 2170 Gulf to Bay Blvd. N of
subject property
.
.
View looking S at E side of adjacent automobile sales on Gulf
to Bay Blvd W of commercial portion of subject property
View looking S near southern terminus of Bamboo Lane N of
residential portion of subject property
Attachment number 7
Page 1 of 1
View looking S along S. Belcher Rd close to Gulf to Bay Blvd
(Publix shopping center on left; subject property on right)
View looking E at Publix shopping center on SE corner of Gulf
to Bay Blvd and S. Belcher Rd E of subject property
2165 Gulf to Bay Boulevard
Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046
Page 3 of 3
View looking S at bank at 655 S. Belcher Rd across from
residential portion of subject property
View looking W from Publix shopping center at driveway
intersection with traffic light on S. Belcher Rd
.
View looking E at offices at 715 S. Belcher Rd across from
residential portion of subject property
View looking N along S. Belcher Rd from Druid Rd (subject
property on left; commercial uses on right)
Attachment number 8
Page 1 of 1
C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.11417.docx
Zoning Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: LUZ2009-12003
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MHDR Atlas Page: 298B
C
LMDR
O
MDR
MHP
MHP
MDR
HDR
DRUID RD
S BELCHER RD
GULF-TO-BAY BLVD
2ND ST
1ST ST
BA
M
B
O
O
L
N
GUNN AVE
S MAIN AVE
GULF-TO-BAY BLVD
2ND ST
533
529
525
411
407
403
314
529
533
803
519
525
800804
693
800
601
511
655
715
304
520
20
9
0
2094
2100
2117
2115
2086
2082
2085
2142
2082
2134
2079
2110
2170
2181
2087
2086
2130
2083
2198
2080
2150
2250
2140
2083
2101
2078
2200
2087
2077
2079
2126
2078
2086
2078
2226
2236
2118
2087
2081
405
401
409
530
316
524
537
804
528
314
538
2088
2092
2143
2165
2143
2119
2091
2083
2174
2085
2158
2089
2095
2166
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MDR
Attachment number 9
Page 1 of 2
C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.11417.docx
Attachment number 9
Page 2 of 2
Ordinance No. 8143-10
ORDINANCE NO. 8143-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF SOUTH BELCHER ROAD
BETWEEN GULF-TO-BAY BOULEVARD AND DRUID ROAD,
CONSISTING OF METES AND BOUNDS 41/03, 41/02 AND
41/01, LYING IN A PORTION OF THE NORTHEAST ¼ OF THE
SOUTHEAST ¼ OF SECTION 13, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2165
GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM (RLM) TO RESIDENTIAL/OFFICE/RETAIL (R/O/R)
AND RESIDENTIAL MEDIUM (RM); 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 as follows:
Property Land Use Category
Legal description attached From: Residential Low Medium (RLM)
(LUZ2009-12003) To: Residential/Office/Retail (R/O/R) and
Residential Medium (RM)
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, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING _____________________
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 10
Page 1 of 1
Ordinance No. 8144-10
ORDINANCE NO. 8144-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF
SOUTH BELCHER ROAD BETWEEN GULF-TO-BAY
BOULEVARD AND DRUID ROAD, CONSISTING OF METES
AND BOUNDS 41/03, 41/02 AND 41/01, LYING IN A PORTION
OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION
13, TOW NSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST
OFFICE ADDRESS IS 2165 GULF-TO-BAY BOULEVARD,
FROM MOBILE HOME PARK (MHP) TO COMMERCIAL (C) AND
MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
Legal description attached From: Mobile Home Park (MHP)
(LUZ2009-12003) To: Commercial (C) and
Medium Density Residential (MDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8143-10 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
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 11
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and
the City of Clearwater for property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds 41/03, 41/02 and 41/01,
lying in a portion of the northeast ¼ of the southeast ¼ of Section 13, Township 29 South, Range 15 East) as per Community
Development Code Section 4-606 and adopt Resolution 10-03.
SUMMARY:
The 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road.
The subject property was previously developed with mobile home parks (all 295 mobile homes and common facilities have been
removed or demolished).
The subject property is proposed to be redeveloped with two parcels. The northern parcel (Parcel 1) comprises 11.637 acres, while the
southern parcel (Parcel 2) comprises 18.435 acres.
There is a companion application to amend the land use plan category for the northern portion of the subject property (Parcel 1) from
Residential Low Medium (RLM) category to Residential/Office/Retail (R/O/R) category, and rezoning this area from Mobile Home
Park (MHP) District to Commercial (C) District; and amending the land use plan category the southern portion of the subject property
(Parcel 2) from Residential Low Medium (RLM) category to Residential Medium (RM) category, and rezoning this area from Mobile
Home Park (MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003).
The proposed Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a
maximum floor area ratio (FAR) of 0.40. The proposed Residential Medium (RM) land use plan category for the southern portion of the
subject property permits a maximum density of 15 dwelling units per acre. The purpose of this Development Agreement is to restrict the
development potential on both the northern and southern parcels to less than the maximums allowable.
Parcel 1 (northern portion), based on the proposed lot area (11.637 acres) and the maximum FAR, could be developed with a maximum
of 202,756 square feet of nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square feet of retail
sales and restaurant development floor area at a FAR of 0.178. It is noted that the Development Agreement permits a larger amount of
nonresidential floor area (90,000 square feet) than that actually proposed under the companion Flexible Development application
(FLD2009-12046; 82,999 square feet), which gives some flexibility for future amendments to the Flexible Development application
without needing to amend the Development Agreement.
Parcel 2 (southern portion), based on the proposed lot area (18.435 acres) and the maximum density, could be developed with a
maximum of 276 dwelling units. The Development Agreement proposes a maximum of 243 dwelling units at a density of 13.181
dwelling units per acre.
On February 16, 2010, the Community Development Board (CDB) approved with 23 conditions of approval a Flexible Development
application to permit 70,212 square feet of Retail Sales and Services uses and 12,787 square feet of Restaurant uses (total commercial
floor area of 82,999 square feet) in the proposed Commercial (C) District for Parcel 1 (FLD2009-12046).
On February 16, 2010, the Community Development Board (CDB) approved with 24 conditions of approval a Flexible Development
application to permit 243 Attached Dwellings in the proposed Medium Density Residential (MDR) District for Parcel 2 (FLD2009-
12045).
The proposal is in compliance with the standards for development agreements and is consistent with the Comprehensive Plan. The
proposed Development Agreement will be in effect for a period not to exceed five (10) years and includes the following main
provisions:
Is not effective until final approval and effectiveness of the amendment of the land use plan categories and rezonings under LUZ2009-
12003;
Sets out the Developer’s transportation obligations, including:
Cover Memo
Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only lane on S.R. 60;
Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out,
and left turn in only movements;
Installation of a directional median separator on S.R. 60 between South Main Avenue and the Parcel 1 project driveway such as to
prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue;
Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road;
Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance;
Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project entrance with pedestrian signals at all four legs
of the intersection;
Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be
located at the southwest corner of the intersection of Belcher Road and the project drive/Publix entrance; and
Construction of three Parcel 2 project entrance driveways on Druid Road.
Acknowledges that Parcel 1 and Parcel 2 are independent building sites subject to access easements, allowing for separate ownership of
Parcels 1 and 2;
Provides for the subdivision of Parcel 1 to allow for separate ownership of individual commercial buildings without the need to amend
the site plan under FLD2009-12046; and
Provides for Parcel 1 to be considered as one parcel for purposes of signage, which may be permitted through a Comprehensive Sign
Program.
The Community Development Board reviewed and recommended approval of this Development Agreement application at its public
hearing on February 16, 2010 (DVA2009-00005).
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Community Development Board – February 16, 2010
DVA2009-00005 – Page 1 of 5
CDB Meeting Date: February 16, 2010
Case Number: DVA2009-00005 (Related to LUZ2009-12003, FLD2009-12045 and
FLD2009-12046)
Agenda Item: E.4. (Related to E.3., D.2. and D.3.)
Owners/Applicants: Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C.
Representative: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP
Address: 2165 Gulf-to-Bay Boulevard
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to the City Council, of a
Development Agreement between Nickel Plate Properties, Inc. and
Lakeside Enterprises, L.L.C. (the property owners) and the City of
Clearwater as per Community Development Code Section 4-606.
CURRENT/PROPOSED
ZONING DISTRICT(S):
Current: Mobile Home Park (MHP) District
Proposed: Commercial (C) District (Parcel 1) and Medium
Density Residential (MDR) District (Parcel 2)
CURRENT/PROPOSED
LAND USE PLAN
CATEGORY(IES):
Current: Residential Low Medium (RLM)
Proposed: Residential/Office/Retail (R/O/R) (Parcel 1) and
Residential Medium (RM) (Parcel 2)
PROPERTY USE: Current: Vacant (former mobile home parks)
Proposed: Retail Sales and Services and Restaurant uses of up to
90,000 square feet of floor area (0.178 Floor Area Ratio)
at a maximum height of 36 feet, and 243 Attached
Dwellings (13.181 dwelling units per acre) at a
maximum height of 41 feet
EXISTING
SURROUNDING
ZONING AND USES:
North: Commercial (C) District
Retail Sales uses and Automobile Service Station
South: Low Medium Density Residential (LMDR) District
Detached Dwellings
East: Commercial (C) and Office (O) Districts
Retail Sales uses and Office uses
West: Commercial (C), Medium Density Residential (MDR)
and Low Medium Density Residential (LMDR)
Districts
Automobile Sales and Detached Dwellings
Attachment number 1
Page 1 of 5
Community Development Board – February 16, 2010
DVA2009-00005 – Page 2 of 5
ANALYSIS:
Site Location and Existing Conditions:
The 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard
and Druid Road. The subject property was previously developed with mobile home parks (all
mobile homes and common facilities have been removed or demolished). The subject property
has approximately 820 feet of frontage along Gulf-to-Bay Boulevard, approximately 1,225 feet
of frontage along S. Belcher Road and approximately 1,301 feet of frontage along Druid Road.
Properties to the north of the subject property across Gulf-to-Bay Boulevard are zoned
Commercial (C) District and are developed with retail sales uses (Albertson’s, vacant bank and a
vacant K-Mart) and an automobile service station at the northwest corner of Gulf-to-Bay
Boulevard and S. Belcher Road. Properties to the east across S. Belcher Road are zoned
Commercial (C) District and Office (O) District and are developed with the Publix shopping
center, bank, funeral home and offices. Properties to the south across Druid Road are zoned Low
Medium Density Residential (LMDR) District and are developed with detached dwellings.
Properties to the west of the subject property are zoned Commercial (C) District, Medium
Density Residential (MDR) District and Low Medium Density Residential (LMDR) District.
The property adjacent to the west of the northern portion of the subject property (requested to be
rezoned to Commercial District) is developed with an automobile sales dealership. Detached
dwellings are adjacent to the west of the southern portion of the subject property (requested to be
rezoned to Medium Density Residential District).
Development Proposals:
There is a companion application to amend the land use plan category for the northern portion of
the subject property (Parcel 1) from Residential Low Medium (RLM) category to
Residential/Office/Retail (R/O/R) category, and rezoning this area from Mobile Home Park
(MHP) District to Commercial (C) District; and amending the land use plan category the
southern portion of the subject property (Parcel 2) from Residential Low Medium (RLM)
category to Residential Medium (RM) category, and rezoning this area from Mobile Home Park
(MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003). The
development proposal includes two companion Flexible Development applications (FLD2009-
12045 and FLD2009-12046). The northern portion of the subject property is proposed to be
developed with a total of 82,999 square feet of commercial floor area (70,212 square feet of
retail sales uses and 12,787 square feet of restaurant uses). The southern portion of the subject
property is proposed to be developed with 243 attached dwellings.
Development Agreement:
The proposed Residential/Office/Retail (R/O/R) land use plan category for the northern portion
of the subject property permits a maximum floor area ratio (FAR) of 0.40. The proposed
Residential Medium (RM) land use plan category for the southern portion of the subject property
permits a maximum density of 15 dwelling units per acre. The purpose of this Development
Agreement is to restrict the development potential on both the northern and southern portions to
less than the maximums allowable.
Parcel 1 (northern portion), based on the proposed lot area (506,892 square feet; 11.637 acres)
and the maximum FAR, could be developed with a maximum of 202,756 square feet of
nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square
feet of retail sales and restaurant development floor area at a FAR of 0.178. It is noted that the
Attachment number 1
Page 2 of 5
Community Development Board – February 16, 2010
DVA2009-00005 – Page 3 of 5
Development Agreement permits a larger amount of nonresidential floor area (90,000 square
feet) than that actually proposed under the companion Flexible Development application
(FLD2009-12046; 82,999 square feet), which gives some flexibility for future amendments to the
Flexible Development application without needing to amend the Development Agreement.
Parcel 2 (southern portion), based on the proposed lot area (803,028 square feet; 18.435 acres)
and the maximum density, could be developed with a maximum of 276 dwelling units. The
Development Agreement proposes a maximum of 243 dwelling units at a density of 13.181
dwelling units per acre.
The proposed Development Agreement will be in effect for a period not to exceed ten (10) years
and includes the following main provisions:
Is not effective until final approval and effectiveness of the amendment of the land use plan
categories and rezonings under LUZ2009-12003;
Sets out the Developer’s transportation obligations, including:
• Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn
only lane on S.R. 60;
• Construction of the Parcel 1 project driveway located on S.R. 60 across from South
Main Avenue with right turn in, right turn out, and left turn in only movements;
• Installation of a directional median separator on S.R. 60 between South Main
Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting
Parcel 1 and left turns exiting South Main Avenue;
• Construction of left turn modifications to the median of S.R. 60 located between
South Main Avenue and Belcher Road;
• Construction of a southbound right turn only lane on Belcher Road between S.R.
60 and the Parcel 1 project entrance;
• Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project
entrance with pedestrian signals at all four legs of the intersection;
• Granting of an easement, in favor of the City, for the purpose of installation and
maintenance of signal control equipment to be located at the southwest corner of
the intersection of Belcher Road and the project drive/Publix entrance; and
• Construction of three Parcel 2 project entrance driveways on Druid Road.
Acknowledges that Parcel 1 and Parcel 2 are independent building sites subject to access
easements, allowing for separate ownership of Parcels 1 and 2;
Provides for the subdivision of Parcel 1 to allow for separate ownership of individual
commercial buildings without the need to amend the site plan under FLD2009-12046;
Provides for Parcel 1 to be considered as one parcel for purposes of signage, which may be
permitted through a Comprehensive Sign Program;
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
Attachment number 1
Page 3 of 5
Community Development Board – February 16, 2010
DVA2009-00005 – Page 4 of 5
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of January 7, 2010, and deemed the development proposal to be legally sufficient
to move forward to the CDB, based upon the following:
Findings of Fact: The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1. That the 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay
Boulevard and Druid Road;
2. That there is a companion application to amend the land use plan category for the northern
portion of the subject property (Parcel 1) from Residential Low Medium (RLM) category to
Residential/Office/Retail (R/O/R) category, and rezoning this area from Mobile Home Park
(MHP) District to Commercial (C) District; and amending the land use plan category the
southern portion of the subject property (Parcel 2) from Residential Low Medium (RLM)
category to Residential Medium (RM) category, and rezoning this area from Mobile Home
Park (MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003);
3. That the proposed Residential/Office/Retail (R/O/R) land use plan category for the northern
portion of the subject property permits a maximum floor area ratio (FAR) of 0.40;
4. That the proposed Residential Medium (RM) land use plan category for the southern portion
of the subject property permits a maximum density of 15 dwelling units per acre; and
5. That the purpose of this Development Agreement is to restrict the development potential on
both the northern and southern portions to less than the maximums allowable.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1. That the Development Agreement implements and formalizes the maximum requirements for
the construction of on-site and off-site improvements under the related site plan proposals
(FLD2009-12045 and FLD2009-12046);
2. That the Development Agreement complies with the standards and criteria of Section 4-606
of the Community Development Code;
3. That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan.
Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City
of Clearwater as per Community Development Code Section 4-606, for the property at 2165
Gulf-to-Bay Boulevard.
Attachment number 1
Page 4 of 5
Community Development Board – February 16, 2010
DVA2009-00005 – Page 5 of 5
Prepared by Planning and Development Department Staff:
__________________________________________
Wayne M. Wells, AICP, Planner III
ATTACHMENTS:
Development Agreement with Exhibits
Location Map
Aerial Map
Land Use Plan Map
Zoning Map
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\DVA2009-00005 - Gulf to Bay 2165 (C + MDR) 2010.xx -
2.16.10 CDB - WW\Gulf to Bay 2165 DVA Staff Report for 2.16.10 CDB.docx
Attachment number 1
Page 5 of 5
DRUID RD DRUID RD
S BELCHER RD
S BELCHER RD
GULF-TO-BAY BLVD GULF-TO-BAY BLVD
2ND ST
2ND ST 1ST
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1ST
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GUNN AVE
GUNN AVE
S MAIN AVE
S MAIN AVE
GULF-TO-BAY BLVD GULF-TO-BAY BLVD
2ND ST
2ND ST
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Aerial Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: DVA2009-00005
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MHDR Atlas Page: 298B
Attachment number 2
Page 1 of 2
Attachment number 2
Page 2 of 2
PROJECT
SITE
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Location Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: DVA2009-00005
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MHDR Atlas Page: 298B
Attachment number 3
Page 1 of 2
Attachment number 3
Page 2 of 2
CG
CG CG
RU
CG
CG
RU
RM
CG
RLM
RU
CG
RU
R/OG
RU
RH
RU
RLM
RU
DRUID RD
S BELCHER RD
GULF-TO-BAY BLVD
2ND ST
1ST
ST
BA
M
B
O
O
L
N
GUNN AVE
S MAIN AVE
GULF-TO-BAY BLVD
2ND ST
533
529
525
411
407
403
314
529
533
519
525
316
693
800
601
511
655
715
304
520
20
8
8
2100
2117
2115
2086
2082
2085
2142
2134
2079
2110
2170
2181
2174
2130
2083
2198
2080
2250
2140
2083
2078
2200
2087
2077
2079
2126
2086
2078
2226
2236
2118
2166
2087
2081
405
401
409
803
530
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524
537
804
528
314
538
2090
2092
2094
2143
2165
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2119
2082
2091
2083
2087
2086
2085
2158
2150
2101
2089
2095
2078
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Future Land Use Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: DVA2009-00005
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MHDR Atlas Page: 298B
RM
R/O/R
Attachment number 4
Page 1 of 2
Attachment number 4
Page 2 of 2
C
LMDR
O
MDR
MHP
MHP
MDR
HDR
DRUID RD
S BELCHER RD
GULF-TO-BAY BLVD
2ND ST
1ST ST
BA
M
B
O
O
L
N
GUNN AVE
S MAIN AVE
GULF-TO-BAY BLVD
2ND ST
533
529
525
411
407
403
314
529
533
803
519
525
800804
693
800
601
511
655
715
304
520
20
9
0
2094
2100
2117
2115
2086
2082
2085
2142
2082
2134
2079
2110
2170
2181
2087
2086
2130
2083
2198
2080
2150
2250
2140
2083
2101
2078
2200
2087
2077
2079
2126
2078
2086
2078
2226
2236
2118
2087
2081
405
401
409
530
316
524
537
804
528
314
538
2088
2092
2143
2165
2143
2119
2091
2083
2174
2085
2158
2089
2095
2166
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Zoning Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: DVA2009-00005
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MHDR Atlas Page: 298B
C
C
MHDR LMDR
Attachment number 5
Page 1 of 2
Attachment number 5
Page 2 of 2
Existing Surrounding Uses Map
Owners: Nickel Plate Properties, Inc.
Lakeside Enterprises, L.L.C. Case: DVA2009-00005
Site: 2165 Gulf-to-Bay Boulevard Property
Size(Acres): 30.07
Land Use Zoning
PIN:
13-29-15-00000-410-0100,
13-29-15-00000-410-0200,
&
13-29-15-00000-410-0300 From :
To:
RLM MHP
R/O/R & RM C & MHDR Atlas Page: 298B
60
60
60
50
33
50
33
65
7 6
2 1
1
0
450(S)195.4
643(S)
495.98
154.02
97
50
90
250
520
444.26 125(S)
108
180
180(S)
180
125
192.66
154
97
50
60 60
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100
83
50
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50
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3637
1
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7
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10
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12
13
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1 2 3 4 5 6 78 9
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23 22
19 20 21
10 9 8
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112.6 82.4
116.5
477(S)
140.9
139.87
618
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640
680
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317(S)
50
36
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PHASE
3
PHASE
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PHASE
5
PHASE
6
12
PHASE
2
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180
749.9
613.89
294
294
70
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185
161.3 179
215
397.72
150
229
229
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139.99
167
167
35.2
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180
150
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1
533
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525
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529
533
519
530
800
316
524
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528
601
511
655
520
20
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3
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2082
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21102087
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2150
2250
2083
2101
2078
2200
2210
2126
2078
2218
2236
2118
2166
2087
2 1 7 8
2081
DRUID RD
S BELCHER RD
GULF-TO-BAY BLVD
2ND ST
1ST
ST
CAMPUS DR
GUNN AVE
S MAIN AVE
GULF-TO-BAY BLVD
405403
409
803
525
809808
693
537
715
314
538
2092
2094
2100
2117
2143
2165
2143
2086
2085
209
2079
2170
2181
2086
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2140
2087
208
2077
209
2079
2078
2086
2226
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Shopping
Center with
Grocery
Store
Vacant
Vacant
Single
Family
Residential
Single Family Residential
Auto Dealership
Si
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F
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Re
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Bank
Drug
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Vacant Shopping
Center Grocery
Store
Funeral
Home
Office
Attachment number 6
Page 1 of 2
Attachment number 6
Page 2 of 2
View looking W from S. Belcher Rd close to Gulf to Bay Blvd
at subject property
View looking SW from S. Belcher Rd close to Gulf to Bay Blvd
at subject property
2165 Gulf to Bay Boulevard
Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046
Page 1 of 3
View looking NW from Druid Rd at the W side of the residential
portion of the subject property with adjacent detached dwellings
View looking W from S. Belcher Rd at Druid Rd at subject
property
.
View looking W along Druid Rd from S. Belcher Rd (subject
property on right; detached dwelling subdivision on left)
View looking E along Druid Rd from W side of subject property
(subject property on left; detached dwelling subdivision on
right)
Attachment number 7
Page 1 of 1
View looking N from intersection of Gulf to Bay Blvd and S.
Belcher Rd at retail sales on NE corner
View looking NW from intersection of Gulf to Bay Blvd and S.
Belcher Rd at automobile service station on NW corner
2165 Gulf to Bay Boulevard
Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046
Page 2 of 3
View looking N at E side of adjacent automobile sales on Gulf
to Bay Blvd W of commercial portion of subject property
View looking N at retail sales at 2170 Gulf to Bay Blvd. N of
subject property
.
.
View looking S at E side of adjacent automobile sales on Gulf
to Bay Blvd W of commercial portion of subject property
View looking S near southern terminus of Bamboo Lane N of
residential portion of subject property
Attachment number 8
Page 1 of 1
View looking S along S. Belcher Rd close to Gulf to Bay Blvd
(Publix shopping center on left; subject property on right)
View looking E at Publix shopping center on SE corner of Gulf
to Bay Blvd and S. Belcher Rd E of subject property
2165 Gulf to Bay Boulevard
Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046
Page 3 of 3
View looking S at bank at 655 S. Belcher Rd across from
residential portion of subject property
View looking W from Publix shopping center at driveway
intersection with traffic light on S. Belcher Rd
.
View looking E at offices at 715 S. Belcher Rd across from
residential portion of subject property
View looking N along S. Belcher Rd from Druid Rd (subject
property on left; commercial uses on right)
Attachment number 9
Page 1 of 1
Resolution No. 10-03
RESOLUTION NO. 10-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND NICKEL
PLATE PROPERTIES, INC. AND LAKESIDE
ENTERPRISES, L.L.C.; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C.; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The Development Agreement between the City of Clearwater and
Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C., a copy of which is
attached as Exhibit “A,” is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2010.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 10
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Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Approve a Traffic Enforcement Agreement between Spring Lake of Clearwater Homeowner's Association and the City of Clearwater
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Section 316.640(3), Florida Statutes, authorizes municipal police departments to enforce state traffic laws on all of the streets located
within its jurisdiction over which the public has the right to travel by motor vehicle.
Because the streets in the Spring Lake Subdivision, located off of Keene Road in Clearwater, are privately owned by the Spring Lake
Homeowner's Association, and because the Association has the right to exclude the public from using the streets, Clearwater Police
officers have no authority to enforce many of the traffic laws on the streets located in the Spring Lake Subdivision.
However, the homeowners in Spring Lake Subdivision have asked the City if it would be possible to have Clearwater Police Officers
enforce traffic laws on the subdivision's streets.
Section 316.006(2)(b), Florida Statutes states that "[a] municipality may exercise jurisdiction over any private road ... located within its
boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by
the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such
agreement."
Section 316.006(2)(b)1., Florida Statutes states that the agreement may include "[p]rovision for reimbursement for actual costs of traffic
control and enforcement and for liability insurance and indemnification by the party or parties, and such other terms as are mutually
agreeable."
The City Attorney's Office has drafted an agreement as authorized by Section 316.006(2)(b), Florida Statutes, to enable Clearwater
Police Officers to enforce the traffic laws on the privately owned roads located with the Spring Lake Subdivision. The Spring Lake
Home Owners' Association will pay CPD the prevailing, extra-duty rate for any special traffic enforcement detail. If a CPD officer
drives through the development on routine patrol while in the general area, there is no charge. The Association is required to obtain a
liability policy in the amount of $1,000,000, naming the City as an additional insured. The Association has already obtained a quote.
The Spring Lake Homeowner's Association has approved the agreement.
Review
Approval:
1) Clerk 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Equity Services 8) Official Records and
Legislative Services
Cover Memo
1 of 3
TRAFFIC ENFORCEMENT AGREEMENT
THIS TRAFFIC ENFORCEMENT AGREEMENT, (“Agreement”) is made and
entered into as of the ____ day of _________, ______ by and between Spring Lake of
Clearwater Homeowner’s Association, whose mailing address is
__________________________________________________(hereinafter referred to
as the “Association”), and the City of Clearwater, a Florida municipal corporation,
whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (herein
referred to as the “City”).
WHEREAS, the Association owns and/or controls those private roads within the
Spring Lake subdivision, which is located in Pinellas County, Florida, and within the
corporate limits of the City of Clearwater, Florida (herein referred to as the “Private
Roads”); and
WHEREAS, Florida Statutes §316.006(2)(b) (2009) authorizes the City, subject
to certain provisions, to enter into an agreement with the Association whereby the
Association grants unto the City traffic control jurisdiction over the Private Roads within
the subdivision controlled by the Association; and
WHEREAS, Florida Statutes §316.640(3) (2009) authorizes the City to require
that the City police department enforce the traffic laws of the State of Florida on any
private roads pursuant to a written agreement under Florida Statute §316.006(2)(b)
(2009); and
WHEREAS, the Association and the City desire to have the Association grant
unto the City traffic control jurisdiction over the Private Roads as authorized by Florida
Statutes §316.006(2)(b) (2009) so that the City may enforce the traffic laws of the State
of Florida on the Private Roads; and
WHEREAS, this Agreement has been duly approved and authorized by the
Association in accordance with its Articles of Incorporation, Bylaws and other applicable
governing documents.
NOW, THEREFORE, the parties hereto agree as follows:
1. Traffic Control Jurisdiction. The parties agree that the City shall have traffic
control jurisdiction over the Private Roads and that police officers, traffic crash
investigation officers, and traffic enforcement officers of the City Police Department are
authorized to enter upon the Private Roads for the purpose of exercising this
jurisdiction. Such jurisdiction shall give to the City the authority to enforce the Florida
Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction
provided for herein shall be in addition to jurisdictional authority presently exercised by
the City under law, and nothing in this Agreement shall be construed to limit or remove
any such jurisdictional authority.
Attachment number 1
Page 1 of 3
2 of 3
2. Traffic Enforcement. The City hereby agrees that the City police department will
enforce the Florida Uniform Traffic Control Laws on the Private Roads; however, the
foregoing shall not be construed to require any minimum level of staffing or create any
priority for traffic enforcement on the Private Roads. All decisions regarding the level of
traffic enforcement on the Private Roads and staffing related thereto shall be within the
sole discretion of the City police department.
3. Traffic Control Signs. All traffic control signs within the subdivision shall be uniform
traffic control signs conforming to the manual and specifications of the Florida
Department of Transportation as stated in the Florida Statutes and shall be installed and
maintained by the Association at its sole cost. The City shall have the right at any time
to require additional traffic control signs and other traffic control apparatus as the City
may deem to be necessary for the enforcement of traffic laws on the Private Roads.
4. Indemnification. The Association hereby agrees to indemnify and save the City
harmless from and against all losses, costs, expenses, claims, damages, judgments,
liabilities and causes of action whatsoever (collectively, “Claims”) including reasonable
attorneys’ fees and paralegal fees, both at trial and at appellate levels, arising out of or
alleged to have arisen out of the City’s entering into this Agreement. Nothing herein
shall be construed to include within the foregoing indemnity any liability on the part of
the Association for Claims arising out of acts of negligence by the City. The City shall
use its best efforts to promptly notify the Association in writing of any Claims based on
this Agreement and shall provide the Association with information regarding the Claims
based on this Agreement as the Association may reasonably request, but the failure to
give such notice or provide such information shall not diminish the obligations of the
Association under this Section. No Claims whatsoever shall be made or asserted
against the City by the Association for or on account of anything done or as a result of
anything done or omitted to be done in connection with this Agreement except for
claims related to gross negligence or willful misconduct by the City. Nothing herein shall
be deemed a waiver of the privileges and immunities granted to the city under Florida
Statute §768.28. This indemnification shall survive the cancellation of this agreement.
The Association’s duties of indemnification as provided herein shall be limited to the
extent of coverage under the liability insurance required to be carried by the Association
pursuant to paragraph 5 below.
5. Insurance. The Association shall provide liability insurance to cover the
indemnification in the amount of $1,000,000 and name the City as an additional insured.
6. Compensation. Traffic enforcement shall be performed by the City police
department during routine patrol at no charge. If the Association requests a special
traffic-enforcement detail, then the City police department shall have the right to collect
from the Association the prevailing rate that the City police department charges for
extra-duty assignments.
7. Term. This agreement shall take effect upon execution and approval by the City of
Clearwater City Council and the Association and shall continue in full force and effect
until cancelled by either party.
Attachment number 1
Page 2 of 3
3 of 3
8. Termination. Either party may cancel its participation in this agreement upon
delivery of 30 days written notice to the other party.
SPRING LAKE OF CLEARWATER HOMEOWNERS’ ASSOCIATION
_____________________________
Chuck Bohac
President
Attest:
________________________
Shelly Kuroghlian
Secretary
CITY OF CLEARWATER, FLORIDA
__________________________ By:____________________________
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
__________________________ _______________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
National Nutrition Month Proclamation
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Parkinsons Disease Awareness Month Proclamation
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Farewell to Councilmember Petersen
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:3/15/2010
SUBJECT / RECOMMENDATION:
Oaths of Office administered to Councilmembers
SUMMARY:
Review Approval:1) Clerk
Cover Memo