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03/18/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 3/18/2010- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Farewell to Councilmember Petersen Attachments 4.2 Oaths of Office administered to Councilmembers Attachments 4.3 Service Awards Attachments 4.4 National Nutrition Month Proclamation Attachments 4.5 Parkinsons Disease Awareness Month Proclamation Attachments 5. Approval of Minutes 5.1 Approve the minutes of the March 4, 2010 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 No Item Attachments 7.2 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. (CPA2009-1200 1) Attachments 7.3 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) Attachments 7.4 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 1/4 of the southeast 1/4 of Section 13, Township 29 South, Range 15 East) as per Community Development Code Section 4-606 and adopt Resolution 10-03. Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 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 1/4 of the southeast 1/4 of Section 13, Township 29 South, Range 15 East); and Pass Ordinances 8143-10 and 8144-10 on first reading. (LUZ2009-12003) Attnchmentc 8.2 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) Attachments City Manager Reports 9. Consent Agenda 9.1 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) Attachments 9.2 Appoint the Audit Committee: Laura Mahoney, Robin Gomez, and Clem Vericker as city staff representatives, John Doran as Councilmember representative and Herbert McLachlan as citizen representative, for five year terms in compliance with Section 218.391, Florida Statutes. (consent) B Attachments 9.3 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) Attachments 9.4 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) Attachments 9.5 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) Attachments 9.6 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) Attachments 9.7 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) Attachments 9.8 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) Attachments 9.9 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) Attachments 9.10 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) Attachments 9.11 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 10. Other Items on City Manager Reports 10.1 Approve the Local Mitigation Strategy developed for Pinellas County, recommend adoption by the Pinellas County Board of County Commissioners and adopt Resolution 10-07. Aanchmems 10.2 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. Attachments 10.3 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) Attachments 10.4 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) Attachments 10.5 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. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports Attachments 12. Council Discussion Items 12.1 Resolution to Amend Council Rules Attachments 13. Other Council Action 13.1 Other Council Action Attachments 14. Closing Comments by Mayor 15. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Farewell to Councilmember Petersen SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Oaths of Office administered to Councilmembers SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Brianne Hayes Vern Erickson Serita Buchanan Catalina Tefft Craig Krueger Jason Matthews Jeremy Jenkins Jose Fernandez Joseph Kraus 10 Years of Service Sandra Clayton Daniel Luna Deane Murray Anthony Harris 15 Years of Service Ike George Karen Cunkle Randy Barnoski 20 Years of Service Douglas Blackwell Tracy Squitieri William Buzzell Christopher Squitieri 30 Years of Service Edward Turnbull Police Public Utilities Parks & Recreation Public Utilities Fire Fire Police Fire Fire Park & Recreation Gas Public Utilities Solid Waste Public Utilities Internal Audit Public Utilities Police Police Solid Waste Police General Services Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Nutrition Month Proclamation SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Parkinsons Disease Awareness Month Proclamation SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date: 3/18/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the March 4, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 9 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 4, 2010 Present: Mayor Frank Hibbard, Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Rice of Calvary Baptist 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 1 4.1 Girl Scout Week Proclamation - arch 7-13 20 0 4.2 Clearwater Bombers Proclamation -March 13, 2 1 5. Approval of Minutes 5.1 Approve the minutes of the rua 1 2 1 City Council Meeting as submitted in written summation y the City Clerk. City Clerk Cyndie Goudeau noted statement under Item 4.2 should read, "Outgoing Police Chief Sid Klein was recognized." Councilmember Carlen Petersen moved to approve the minutes of the February 18, 2010 City Council Meeting as corrected. The motion was duly seconded and carried unanimously. Council 2010-3-4 Item #16 Attachment number 1 Page 2 of 9 6. Citizens Dru Jeanis said criminal charges against Herb Quintero were being dropped and asked Vice Mayor Paul Gibson to elaborate on comments he made regarding a "back room." Tommy Duff thanked Councilmember Carlen Petersen for her service on the Tourist Development Council. Eva Kunovska opposed parking garage on the beach. Rick Wagoner said there was too much unity on the City Council and expressed concerns with compensation packages of upper management. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance No. 132-1 on second reading, amending the Co unity ey lop nt Cod ,Article 3, Development Standards, Section 3-601 to amend side setback standards for commercial or multi-us docks on nonr sid ntially zone property adjacent t residentially zoned prop rty. Ordinance 8132-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8132-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.2 Adopt Ordinance No. 135-1 on second r sin 9 ann xin certain r al prop rty hose post office address is 1624 t v nson°s Drive, to. th r with th abutting right-of-way, into the corporate Ii its of the city and redefining the bounds lin s of the city to inclu said addition. Ordinance 8135-10 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8135-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: Council 2010-3-4 Item #Z Attachment number 1 Page 3 of 9 "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.3 Adopt Ordinance No. 136-1 on second reading, a ninq the future land use element of th Co pr h nsiv Ian of the city to designate the land use for certain real prorty whoa post office address is 1624 t v nsn's Drive, to th r with the auttin right-of-way, upon annexation into the it of Clearwater, as Residential _Lgff RILL Ordinance 8136-10 was presented and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8136-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.4 Adopt Ordinance No. 8137-1 on second reading, amending the Zoning Atlas of the city y zoning certain r al property whose post office address is 1624 t v nson's rives together with the abutting right-of-way, upon ann xation into the City of Clearwater, as Low eiu nsity sid ntial ? Ordinance 8137-10 was presented and read by title only. Councilmember John Doran moved to adopt Ordinance 8137-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.5 Adopt Ordinance No. 8138-10 on second reading , annexing certain real property whoa post offic address is 217 Catalina Drive South, into the cororate limits of the city and redefining the ouna lines of the city to inclu said addition. Council 2010-3-4 Item #?b Attachment number 1 Page 4 of 9 Ordinance 8138-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8138-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.6 Adopt Ordinance No. 8139-10 on second reading, a enin the futur land use element of th Co pr h nsiv Ian of the city to signt t land use for certain real property whoa post office address is 217 Catalina Drive South upon annexation into the City of Clearwater, as Reside ntial Urban (RU). Ordinance 8139-10 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8139-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.7 Adopt Ordinance No. 8140-10 on second reading, amending the Zoning Atlas of th city zoning certain real property whoa post office address is 217 Catalina Drive South,. upon annexation into the City of Clearwater, as Low eiu nsity Residential Ordinance 8140-10 was presented and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8140-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.8 Adopt Ordinance No. 145-1 on second reading, vacating, with conditions, the east 3 feet of the 7 foot South ulfvi w Boulevard right-of-way contained Council 2010-3-4 Item #-46 Attachment number 1 Page 5 of 9 between the westerly extension of the north prop rty line of Lot 60, Lloyd- hit - inn r Subdivision and the w st rly xt nsion of the south property line of Lot 2. lov - hit - kinn r Subdivision. Ordinance 8145-10 was presented and read by title only. Councilmember John Doran moved to adopt Ordinance 8145-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. City Manager Reports 8. ConsentAgenda 8.1 Declare the list of furniture, fixtures and equipment from the Harborview Center surplus to the needs of the Citv. authorize disposal throuah in-house auction by Tampa Machinery Auction, Tampa, Florida, establish an expenditure budget in the amount of $5,000 for presale advertising and other expenses related to the sale and authorize the appropriate officials to execute same. (consent) 8.2 Approve extension of agreements for contractual services related to Clearwater's Human Trafficking Immersion Training Project to August 31, 2010, the revised end date of the grant and authorize the appropriate officials to execute same. consent 8.3 Approve Change Order 1 of the Bayfront Uplands Improvement Protect to Caladesi Construction Co in the amount of $127,680 for a total contract amount of $642,994.57 and authorize the appropriate officials to execute same. (consent) 8.4 Approve a Work Order to Engineer of Record (EOR) Cardno TBE of Clearwater, Florida, for the Geographic Information System (GIS) and Enterprise Asset Management (EAM) Services Sign Inventory project (10-0006-EN)in the amount of $185,421.36 and authorize the appropriate officials to execute same. (consent) 8.5 Award contract (purchase order) in the amount of $395,015.60 for conversion of Citv records into the Laserfiche Electronic Document Manaaement Svstem to Advanced Data Solutions, Inc., Oldsmar, Florida, in accordance with Section 2.5640)(d) Code of Ordinances, Florida State Contract 973-561-010-1 and authorize the appropriate officials to execute same. (consent) 8.6 Appoint Donald Van Weezel to complete a term expiring October 31, 2011, on the Municipal Code Enforcement Board. (consent) 8.7 Approve a $378,000 settlement of the case of City of Clearwater v. Florida Power Council 2010-3-4 Item #$ Attachment number 1 Page 6 of 9 Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Case 08-18004-CI-07, Pinellas County Circuit Court and claims for costs and expenses incurred by the Citv in the Cleveland Street and Coronado Drive Proiects and authorize the appropriate officials to execute same. (consent) Councilmember John Doran moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9. Other Items on City Manager Reports $3.75 million of the bond proceeds were used to finance a portion of the Beach Walk project. The balance was intended to finance a portion of the Downtown Boat Slip project. Subsequently, on February 19, 2009, the Council decided to fund the Downtown Boat Slips from current funds available. The bond proceeds of approximately $8.2 million were then redirected to provide financing for a beach parking garage. Now that the parking garage will be privately financed and there is not an appropriate project needing financing, it is appropriate to redeem these bonds at this time. Raymond James has negotiated with BBT to allow the City to repay the outstanding principal balance of $12,785,000 on March 30, 2010 with the payment of a 1 % prepayment penalty. The original terms of the loan only allowed full prepayment (with a 1 % penalty) on interest payment dates (2/1 or 8/1). The total cash required to redeem these bonds on 3/30/10 is approximately $13,008,000 ($12,785,000 principal, $95,000 interest, and $128,000 prepayment penalty). Cash available in the bond construction fund (362) and debt service funds (220 & 221) will be approximately $9,187,000. The balance of cash needed in the amount of approximately $3.821 million is available in General Fund reserves, which has approximately $21.1 million in reserves. The $21.1 million in reserves is approximately $11.3 million above the required 8.5% ($9.8 million) of adopted 2010 budget. Staff is requesting that $3.9 million be transferred from General Fund reserves to Council 2010-3-4 Item 06 Attachment number 1 Page 7 of 9 the General Fund Non Departmental cost center (07000) to provide for transfers to the Debt Service Funds 220 and 221 to provide funds for this redemption. Any funds remaining after redeeming the bonds will be returned to the General Fund at year end. The total interest cost that will be saved over the remaining life of the original 20 year term is $6.525 million. BBT has also agreed to a partial redemption with a 2% prepayment penalty should the Council wish to only redeem the boat slip portion of the loan. Councilmember George N. Cretekos moved to authorize the full redemption of $12,785,000 outstanding City of Clearwater, Florida, Improvement Revenue Bonds, Series 2008, and transferring $3.9 million from General Fund reserves to provide the additional funds needed to redeem this debt. The motion was duly seconded and carried unanimously. Resolution 10-04 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 10-04. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. During the summer of 2009 Public Communications conducted a survey of Eldorado property owners as to various parking issues and sought their input as to options for on-street parking. The City held a public meeting with the residents in October 2009 to share the survey results and determine the extent of illegal parking over the sidewalk and to present possible solutions. Solutions ruled out were: not enforcing the code; making Eldorado one way to allow more on street parking; relocating the sidewalk to the back of curb; and complete removal of the sidewalk. Council 2010-3-4 Item #Z Attachment number 1 Page 8 of 9 After evaluation of the comments received at the October meeting a follow-up meeting was held with the residents in January 2010. The consensus taken from the participants at the meeting was that the extent of the problem has been overblown and a vast majority of the residents recommended leaving the situation status quo. The only alternate option considered that had any neighborhood support was to allow parking by resident permit only on the west side of the street and restrict on-street parking totally on the east side. This alternative is not recommended for the following reasons: Would have to be implemented through an ordinance. Would require decisions on how many permits to give out and that number likely would exceed the number of parking spaces available on the west side. We would still post no parking designations for beach access points on the west side. This alternative would serve to push beach goers to other streets for parking. Most of the comments from the residents of Eldorado Avenue were to leave the parking regulations as is. With input from the property owners and residents, there has been an extensive review of the physical conditions along Eldorado that include existing, signed no parking areas along both the west and east sides of the street. These existing restrictions work in conjunction with the narrow street configuration to limit the amount of illegal parking that occurs. The built environment, particularly on the west side of the street limits compliant parking off of the right-of-way. The original complaints occurred during times of private parties at both legal nonconforming short-term rental properties as well as non-short-term rental properties. There have been no formal complaints to the Clearwater Police Department since summer of 2009. It is felt that staff can work with the few affected residents to minimize their problems by evaluating current no parking designations and identify possible alternative parking arrangements on their property. It was stated that the recommendation will not make everyone happy but those residing on the street want policy to remain status quo. Council 2010-3-4 Item #% Attachment number 1 Page 9 of 9 Councilmember Carlen Petersen moved to confirm staff recommendation that no action be taken at this time regarding various parking issues in the 700 and 800 blocks of Eldorado Avenue and to continue enforcement of on-street parking regulations on a complaint basis. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports - None. 11. Other Council Action 11.1 Other Council Action Councilmember John Doran requested a letter of support be submitted for Courtney Campbell Scenic Highway Corridor Advisory Committee's National Scenic Byways Program grant application for a multi use trail from Rocky Point Drive to east of Bridge 064. Consensus was to submit a letter of support. Councilmember George N. Cretekos said deadline to provide comments on the Environmental Protection Agency's draft Numeric Nutrient Criteria was extended for 30 days. Mayor Frank Hibbard reviewed upcoming events and thanked Councilmember Carlen Petersen for everything she has done. r The meeting was adjourned at 6:41 p.m. Mayor City of Clearwater Attest City Clerk Council 2010-3-4 Item #% City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: No Item SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 7 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Item # 8 Attachment number 1 Page 1 of 7 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. Agenda.PDFConvert.11304.docx Page - 1 CPA2009-12 # 8 Attachment number 1 Page 2 of 7 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)l, 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-8m Grade). Agenda.PDFConvert.11304.docx Page - 2 CPA2009-1 2 # 8 Attachment number 1 Page 3 of 7 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 Coachman Fundamental Middle School (merged with Kennedy Middle School to create Clearwater 2008/2009 Fundamental Middle School) - located in Clearwater 2008/2009 Kennedy Middle School - located in Clearwater Southside Fundamental Middle School (merged with Madeira Middle School and Madeira Elementary 2008/2009 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-8m 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: Agenda.PDFConvert.11304.docx Page - 3 CPA2009-1 2 # 8 Attachment number 1 Page 4 of 7 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 uoals_ bolicies and obiectives contained in the blan. 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) Agenda.PDFConvert.11304.docx Page - 4 CPA2009-1 2 # 8 Attachment number 1 Page 5 of 7 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)l, 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 Agenda.PDFConvert.11304.docx Page - 5 CPA2009-12 # 8 Attachment number 1 Page 6 of 7 163.3177(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 brovisions of the combrehensive 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 adverselv 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. Agenda.PDFConvert.11304.docx Page - 6 CPA2009-12 # 8 Attachment number 1 Page 7 of 7 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 Agenda.PDFConvert.11304.docx Page - 7 CPA2009-12 # 8 Attachment number 2 Page 1 of 3 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 Ordinance No.IWft-#(8 Attachment number 2 Page 2 of 3 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 8134-10 Item # 8 Attachment number 2 Page 3 of 3 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] Ordinance No. 8134-10 Item # 8 Attachment number 3 Page 1 of 1 } .,Clearwater To: Mayor and City Council From: Michael Delk, AICP, Planning and Development Director Date: March 16, 2010 Copy: Gina Clayton, Assistant Planning Director Tammy Vrana, AICP, Long Range Planning Manager Sandra Herman, Planner III RE: CPA2009-12001 (Exhibit A to Ordinance No. 8134-10) The Planning Department was notified by the Pinellas County Planning Department that two of the maps included in the Public School Facilities amendments need to be revised to reflect school closures/moves that were not included in the original maps provided to staff. These revisions to the elementary schools (map) are as follows: move #71 Curtis Fundamental School from its previous location in Clearwater (closed) to the old Dunedin Elementary School site (was shown as location #14 on the map) and place #14 Dunedin Elementary School at its new site at Highland Avenue and Union Street. We have attached revised Map #: J-1 and Map #: J-2 to replace in Exhibit A to Ordinance 8134-10. Item # 8 U1 0 `? 3 N Y _?V LL?a d ???,o G F C C a"noxn d`<yU ?t ?,. W +?+ C `` O Q O) (, uQry - `e; otEy o AAA ?. 0 in O J 2 O W c =off r W = Ada °_ a c N } JO Q v) m ?oa a3<?a N LLI O co " N C Z W U CO O Q J Q CO N N U N } a s d LLI J 2 LLI 0 U J T°?t 3 a 0 ° w 25 Q g O _ U N N In O co CO 0- v E E (?} O Q7 E N ? ?=LL?a E?? td?A_ W3c? 3 L u n2 . ? ? ? to E o c >' uQ„? w ?aN, a a) O a v ?"- a3{a°a Cl) ? ? o E ?1 a ? M V L ? a ?ass3a ?-3 M m o 'o m V <Yo° saoaa?od w H Z Z ? (7 y 8 V?m[og y s 6 El y- ??? ?? ?Q ?n ?@ p fi E. a? w ? 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So i ?K????rvrvn94Wi9 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 9 Attachment number 1 Page 1 of 7 l I I W? JHmu W u¢u ?® L z RAINBOW DR w Dfll 7 u3 D ` L L < 0 w a - n U L GU LF-T4-BAY BLVD 0 t) ¢ w T u L w LU 3 Z TURNER v ST PINE ST y u) w z ° S hAARIQN ST p 0 G a ¢ x F ?i LL `y G RGGERS w T rner Dr o` L F ? ( O ?f r:rya£]e.::i: ut ':.'-" :LA KEV 1 J RD GRd188 / r LOCATION MAP Owner: Betty Ann Southard Case: ANX2009-12016 Site: 1836 Beverly Circle North Property 0.253 Size Acres : Land Use Zoning R L R-3 PIN: 24-29-15-56520-003-01 10 From RL LDR To: Atlas Page: 308A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009- 12016 LOCATION MAP.doc Item # 9 Attachment number 1 Page 2 of 7 1 l4 9 ?i I? t I ?! ? ?f• ? ? ? 11 h ? r } I F r ? o. c c, ? ?lff L tiu?r, w, ?ti? s, 4t r m j r? >r ?.. '? F r 1 U 7, ??:Y• Izl ',E? r ?Ei C I? I -'rrr k R,?• ??y? ?, t; Hl 1. , r lyd?fi t r r .rte 1 w? i ?,il ?'?r?, t?' ?' ? ?' ? >,n , ? r?. ?rr r' lF{-4?1 iar l%+'1"r} •, ?1 s y ? w ii 1 ,i_ ?? > 1 II ?? I? 1 r ??? a 4? ,; - i .,?.. ?.1 1 4 4. ny, ltr r •' d S i..rr 7 n J 4 I ? t ?._? '? a a b :i y ?. i, S 41 - ..wlt.8' :gyp tom' ? P ?`pp- LPL rJ ..p'119 ,??i ^I ;I S r 44 1 "' % C ?Ral F, 2M, 7 , ! IfU? 1 5 ? ? 1v ? . . 's r d 5 r ? t ? a AERIAL PHOTOGRAPH Owner: Betty Ann Southard Case: ANX2009-12016 Site: 1836 Beverly Circle North Property 0.253 Size Acres : Land Use Zoning R L R-3 PIN: 24-29-15-56520-003-01 10 From RL LDR To: Atlas Page: 308A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009- 12016 AERIAL PHOTOGRAPH.doc Item # 9 Attachment number 1 Page 3 of 7 Y BEVERLY CIR N t 2 3 •': +'.''': '•-•r •- 1246 s 8 7 1254 0 - - - 12 6 5 4 ?O O N Op p W O O O O O M O M O O BRENTWOOD DR O o co N co M. -M W o s 479 :> .• .. ..: r : 6 . 0 " 18006 1263 g :i7•.;_`.:. . 11262 a2x.1 127FJ •; +.pp•,. .•:....:: A7 ? v. . '?:.Wti:-:'•': :. ::: :._ . W '. ]:... ..: ADS'. [i i::.'•:??..:.:- 60 .:!,; .; .:, ?. . "'':•.'?'?: '..?:f?':f;??':'.i:•.{•}?:?''::?'.'" 113 - - - "•??•.'?•...?..,'."•,. :_•; ...' .::: ., '•::( :::?';.:•'•rr2:, i.'.-?'.:.•; .:::?: 114 ?; ..• `-'^._:.•:_: .. 115 170 F .?.•. "."..'iE''':'•':'.'::- ::::.:'.:{ii'.'..•:•.,.,;,-,:::.; 116 95 z•. •. •.' . :•. : '• ' - .:: •- ::firs;.':''.. o; 4?:Jv PROPOSED ANNEXATION MAP Owner: Betty Ann Southard Case: ANX2009-12016 Site: 1836 Beverly Circle North Property 0.253 Size Acres : Land Use Zoning R L R-3 PIN: 24-29-15-56520-003-01 10 From RL LDR To: Atlas Page: 308A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009- 12016 PROPOSED ANNEXATION MAP.doc Item # 9 Attachment number 1 Page 4 of 7 1231 1239 0 cr W O Y O O cr co FUTURE LAND USE MAP Owner: Betty Ann Southard Case: ANX2009-12016 Site: 1836 Beverly Circle North Property 0.253 Size (Acres): Land Use Zoning From RL R-3 PIN: RL LDR To: Atlas Page: 24-29-15-56520-003-01 10 308A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009- 12016 FUTURE LAND USE MAP.doc Item # 9 Attachment number 1 Page 5 of 7 :?.io?•:;::: ;:;.,: `.:;;. : .i;':-:.::,:'•.l• •..[(}[.iii .: :: . 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ZONING MAP Owner: Betty Ann Southard Case: ANX2009-12016 Site: 1836 Beverly Circle North Property 0.253 Size Acres : Land Use Zoning R L R-3 PIN: 24-29-15-56520-003-01 10 From RL LDR To: Atlas Page: 308A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009- 12016 ZONING MAP.doc Item # 9 Attachment number 1 Page 6 of 7 3 1246 1254 0 4 a' W 0 Y 0 O -7co co 1262 ?: so :. i`?T:: ?:-: is " -.•r ?::-".•;:?}:: -..' .i:f :[ .[: i?,:ji3.-."•;'.;::.:?: 113 '••-'•.'-::'`-.:.-• _• ... '.•:F : •"...:f :::i'ii:}iF2;i.'.?'•.:.:::?. 114 ' ::...""".:;• . 115 170 •?• . ?Y{.E'? _ t .'.'. • .: '.. 'iE''•'•'•':'.': :- :: :.i'.:':i i,..,,,,:.,, •": 116 -.7.44•. -: 'iC> "??':::... .. ., ..^ :; ?. :as.-.;=:'- " ; oh'o' ae '. :xo'. .:.•.•.;: - . 7 ,6 M. ilia ?-• . 95 ?.-. ..ey . . '9S:: ^" a..' EXISTING SURROUNDING USES MAP Owner: Betty Ann Southard Case: ANX2009-12016 Site: 1836 Beverly Circle North Property 0.253 Size (Acres): Land Use Zoning R L R-3 PIN: 24-29-15-56520-003-01 10 From RL LDR To: Atlas Page: 308A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-12016 - 1836 Beverly Circle North - Southard\Maps\ANX2009- 12016 EXISTING SURROUNDING USES MAP.doc Item # 9 t `+ :r k Attachment number 1 Pace 7 of 7 East of the subject property >p>p ? r West of the subject property Across street, to south of the subject property ..,, ' i {M, 1 :?vF ?1}f { r k t.. 4 F4' II?I , i ew, - ,o. ?b R r View looking easterly along Beverly Circle North View looking westerly along Beverly Circle North ANX2009-12016 Southard, Betty Ann Item # 9 1836 Beverly Circle North Attachment number 2 Page 1 of 1 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 Item # 9 Ordinance No. 8154-10 Attachment number 3 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 8155-10 Attachment number 4 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 8156-10 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 L/4 of the southeast L/4 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 Compreh6nsi (v Plan. The over proposed Development Agreement will be in effect for a period not to exceed five (10) years and includes the following main provisions: Item # 10 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; 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 Item # 10 Attachment number 1 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: EA. (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 Current: Mobile Home Park (MHP) District ZONING DISTRICT(S): Proposed: Commercial (C) District (Parcel 1) and Medium Density Residential (MDR) District (Parcel 2) CURRENT/PROPOSED Current: Residential Low Medium (RLM) LAND USE PLAN Proposed: Residential/Office/Retail (R/O/R) (Parcel 1) and CATEGORY(IES): 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 North: Commercial (C) District SURROUNDING Retail Sales uses and Automobile Service Station ZONING AND USES: 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 Community Development Board - February 16, 2010 DVA2009-00005 - Page I of 5 Item # 10 Attachment number 1 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 Community Development Board - February 16, 2010 DVA2009-00005 - Page 2 of 5 Item # 10 Attachment number 1 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. Community Development Board - February 16, 2010 DVA2009-00005 - Page 3 of 5 Item # 10 Attachment number 1 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. Community Development Board - February 16, 2010 DVA2009-00005 - Page 4 of 5 Item # 10 Attachment number 1 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 DepartmentlC D BIFLEX (FLD)IPending eases)Up for the next CDBOVA2009-00005 -Gulf to Bay 2165 (C + MDR) 2010.xx - 2.16.10 CDB - WWIGulf to Bay 2165 DVA Staff Report for 2.16.10 CDB.doex Community Development Board - February 16, 2010 DVA2009-00005 - Page 5 of 5 Item # 10 Attachment number 2 Page 1 of 2 I Y' ?}}ar n'.. v „u I fit; S; j I .q t Aerial Map I Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 I Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 1 13-29-15-00000-410-0100, PIN: 13-29-15-00000-410-0200, From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MHDR Atlas Page: I 298B Item # 10 Attachment number 2 Page 2 of 2 Item # 10 Attachment number 3 Page 1 of 2 W I L W •.. LL] ST I' = - G J M W O w z U NASH Q T U CC W 7 F L W LFI 3 WHITMAN BT L z DR to I r"ELU" PROJECT - t p CHAUCER ST SHELLEY ST CORNELL SITE it G J SR-SD GULF-TO-BAY BLVD RGGERS 0 r i M J T m=r E itl P l D .. ru ar c r fl - E $ m is G RL' G r_; R W ?j ?? _; •.:' LL] a U I ?? 5 DRUID CIR m D ? ?. , n © o m u CROYDON cc c CAMPUS IAFFA PL C U KENMOOR ACADEMY ? O ? ?? . .: °°.. •.. •. © E u5 BASC DM WAY ? j LU COLLEGE DR n? Jti4GNOLIA } DR z © z G Ol E'r" OC1D a RD o RD } m DR w UNIWE R DR = RIPON DR 00 p m z m 0 O LINIVERSI Cr DR S ST e-, MINNEOLA RD Location Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 , PIN: From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MHDR Atlas Page: 298B Item # 10 Attachment number 3 Page 2 of 2 Item # 10 Attachment number 4 Page 1 of 2 3 4 01 403 73 407 409 W W 411 CG Q CG CG z z 0 Q o N N co ? o co ? N N N Q N N N UULI--? - V GULF-TO-BAY BLVD W o _ N N - ? 7 co N N N N N U - J C G y 511 - CG 520 519 _ - R1O/R 525 C 5 525 5 529 - = 533 CG O 533 - ? o m o N o N N - 529 o _ - 601 N N N - RM OJ ,D - 655 o - N N N _ - N co _ N N N _ - 693 h - _ O - _ N N N - O E G N - V N 715 N DRUID RD - R R ? ` N FR q? R 803 N N N N Future Land Use Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 , PIN: From : RLM MHP 13-29-15-00000-410-0300 To: R/O/R & RM C & MHDR Atlas Page: 298B Item # 10 Attachment number 4 Page 2 of 2 Item # 10 Attachment number 5 Page 1 of 2 a 30 N N N 3 401 403 1 31 405 5 407 d 409 411 W ? Q T z z ?oN? Q Q MHP NNN N Z o N N y ?/ ? o y ? N N N N ? Q N GULF-TO-BAY BL VD GULF-TO BAY BLVD - 0 0 ? N N - ? 7 co N N _ N N N 511 - 520 519 _ C 525 52 525 _ 52 529 L Ll 533 O 3 - m m co ? o co - 529 o N o N N _ - ' I I I I I? i I (^i i I t i l O _ N N N _ 601 N O ro - _ MHDR 655 o - N O O NN = 1 D _ N co 693 N N N - ? n - ? O O - N O O N N - N 715 N O N co 0 N N O W co 7 ? 7\ N ?4 ?3 N M N N N N N N j?j/?a 80 N 30 FT L - , Zoning Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 , PIN: From : RLM MHP 13-29-15-00000-410-0300 To: R/O/R & RM C & MHDR Atlas Page: 298B Item # 10 Attachment number 5 Page 2 of 2 Item # 10 Attachment number 6 Page 1 of 2 s N s LU 40 411 3 Z .N Vacant Shopping z ? J O Grocer 121 y - Center co Store co y Shore N z Cn 04 ?i a=o?UL - -BA LVD " N 11 N N N n N g GULF-TO-BAY BLVD 1 ? ? N ? ? N ,.? ?? I N ?V cy N ' rm 1 ry ease Aut esh'p M M 7 $1 2 Shopping " 3 $ r ??? acant Center with - - - - ?11 Grocery $2$ q 2 Sin 12 o Store 29 13 Fa $33 3, ° 32 N N N Re g ntia $29 ? 35 - - R IK- sot PHASE Bank \ 23 b 1 r ? 3 L2660 PH 6$$ PHASE ? 9 20 i2 Vacant z 4 Asa o Funeral PHASE 9C C6 -j ?6fjome b PH N N N co n? - +J _ PHASE ,as o N N 1 o Office N X71$ N N - DRUID RD 2 211 1 N 04 M 2 ?l t? 19 1z N 13 600 ?I t? o 11] 10e p 108 107 (0 106 803 N N N N N N H^ o ?? j0 $ CAMPUS DR 1 N N N N Existing Surrounding Uses Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MHDR Atlas Page: 298B Item # 10 Attachment number 6 Page 2 of 2 Item # 10 Attachment number 7 Page 1 of 1 A? View looking W from S. Belcher Rd close to Gulf to Bay Blvd at subject property View looking W from S. Belcher Rd at Druid Rd at subject property View looking SW from S. Belcher Rd close to Gulf to Bay Blvd at subject property 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 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) 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 1 of 3 Item # 10 Attachment number 8 Page 1 of 1 1 A View looking N from intersection of Gulf to Bay Blvd and S. Belcher Rd at retail sales on NE corner View looking N at retail sales at 2170 Gulf to Bay Blvd. N of subject property y?'? r nom. f ? f ' ?Ny . -.yam: ?.:T '? 1 ... Y???1?• View looking NW from intersection of Gulf to Bay Blvd and S. Belcher Rd at automobile service station on NW corner tM d i View looking N at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property j x _'M ?'_ •.?r ? 4? N fermi 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 2 of 3 Item # 10 View looking S at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property Attachment number 9 Page 1 of 1 r ; ?l Four lit i i .•r View looking S along S. Belcher Rd close to Gulf to Bay Blvd (Publix shopping center on left-, subject property on right) Aa"I View looking W from Publix shopping center at driveway intersection with traffic light on S. Belcher Rd ICI I n 4,I sV 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) 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 3 of 3 View looking E at Publix shopping center on SE corner of Gulf to Bay Blvd and S. Belcher Rd E of subject property t View looking S at bank at 655 S. Belcher Rd across from residential portion of subject property Item # 10 Attachment number 10 Page 1 of 1 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution Nterro-*310 Attachment number 11 Page 1 of 29 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is dated 2010, effective as provided in Section 5 of this Agreement, and entered into among NICKEL PLATE PROPERTIES, INC., a Florida corporation, and LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, their successors and assigns (collectively, "Developer"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; WHEREAS, the Developer owns approximately 30.07 acres of real property located at 2165 Gulf-to-Bay Boulevard ("Property") in the corporate limits of the City, which is comprised of two parcels hereinafter referred to as "Parcel 1" and "Parcel 2" as more particularly described on Exhibit A attached hereto and incorporated herein; WHEREAS, the Developer desires to develop Parcel 1 with up to 90,000 square feet of retail and restaurant development, generally conforming to the conceptual plan shown on Exhibit B attached hereto and incorporated herein ("Parcel 1 Plan"); WHEREAS, the Developer desires to develop Parcel 2 with up to 243 multi- family residential units, generally conforming to the conceptual plan shown on Exhibit C attached hereto and incorporated herein ("Parcel 2 Plan"); WHEREAS, the Developer has requested rezoning from Mobile Home Park (MHP) to Commercial (C) and a land use plan amendment from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R) for Parcel l; WHEREAS, the Developer has requested rezoning from Mobile Home Park (MHP) to Medium Density Residential (MDR) and a land use plan amendment from Residential Low Medium (RLM) to Residential Medium for Parcel 2; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. StaL (2008) and any other applicable law; Item # 10 Attachment number 11 Page 2 of 29 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Code; WHEREAS, the City has conducted public hearings as required by Sections 4-206 and 4-606 of the Code; WHEREAS, at a duly called and advertised public meeting on , 2010, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board ("CDB") approved the Parcel 1 Plan as FLD2009-12046 on February 16, 2010 and the Parcel 2 Plan as FLD2009-12045 on February 16, 2010, both conditioned upon the approval and execution of this Agreement; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property is subject to this Agreement. 3.1 The Property currently has a land use designation of Residential Low Medium (RLM) and is zoned Mobile Home Park (MHP). 3.2 Developer has requested a rezoning to Commercial (C) and a land use plan amendment to Residential/Office/Retail (R/O/R) on Parcel 1. 2 Item # 10 Attachment number 11 Page 3 of 29 3.3 Developer has requested a rezoning to Medium Density Residential (MDR) and a land use plan amendment to Residential Medium (RM) on Parcel 2. 3.4. The Property is owned by Developer as is evidenced by the deeds attached as Exhibit D. 3.5 The Property is generally located at 2165 Gulf-to-Bay Boulevard, Clearwater, Florida. SECTION 4. Scope of Proi ect 4.1 The Project shall consist of no more than 90,000 square feet of retail and. restaurant development on Parcel 1 as generally depicted on the Parcel 1 Plan and no more than. 243 multi-family residential units on Parcel 2 as generally depicted on the Parcel 2 Plan. 4.2 The Project shall include 495 parking spaces on Parcel 1 and 486 parking spaces on Parcel 2, as shown on the concept plans in Exhibits B and C attached and approved pursuant to FLD 2009-12046 (as to Parcel 1) and FLD 2009-12045 (as to Parcel 2). 4.3 The proposed floor area ratio on Parcel 1 shall not exceed 0.178 and the proposed density on Parcel 2 is 13.181 units per acre. The proposed height of the Parcel 1 buildings, as defined in the Code, is a maximum of 36 feet. The proposed height of the Parcel 2 buildings, as defined in the Code, is a maximum of 41 feet. 4.4 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until 5.1.1 this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty. (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Code Section 4-606.G.2; 5.1.2 final approval and effectiveness of a land use designation of Residential/Office/Retail (R/O/R) and a zoning of Commercial (C) on Parcel 1; and 5.1.3 final approval and effectiveness of a land use designation of Residential Medium (RM) and a zoning of Medium Density Residential (MDR) on Parcel 2. 3 Item # 10 Attachment number 11 Page 4 of 29 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2 and Section 5.1.3 above are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. 5.3 This Agreement shall continue in effect until terminated,-as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Parcel 1 Plan approved by the CDB as case number FLD2009-12046, including any conditions, and the Parcel 2 Plan approved by the CDB as case number FLD2009-12045, including any conditions. Any minor revisions or changes to the Parcel 1 Plan and/or the Parcel 2 Plan shall be approved by the Planning and Development Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning and Development Director as either inconsistent or constituting a substantial deviation from the approved Parcel 1 Plan and/or Parcel 2 Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved'development orders for FLD2009-12046 (Parcel 1), FLD2009-12045 (Parcel 2) and Code Section 4-407. Nothing herein shall restrict Developer from seeking an 4 Item # 10 Attachment number 11 Page 5 of 29 extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations"): (i) Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only lane on S.R. 60, as depicted on Exhibit "E" attached hereto and incorporated herein ("Transportation Exhibit"); (ii) Construction of an eastbound right turn only lane on S.R. 60, as depicted on the Transportation Exhibit, without relocation or replacement of the traffic signal span wire system at the intersection; (iii) 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 as depicted on the Transportation Exhibit; (iv) 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, as depicted on the Transportation Exhibit; (v) Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road as depicted on the Transportation Exhibit; (vi) Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance as depicted on the Transportation Exhibit; (vii) 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 as depicted on the Transportation Exhibit; (viii) 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, as depicted on the Transportation Exhibit; and (ix) Construction of three Parcel 2 project entrance driveways on Druid Road as depicted on the Parcel 2 Plan. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an easement for the benefit of Parcel 2 for vehicular and pedestrian ingress and egress over and across the appropriate areas of Parcel 1 to connect the northerly entrance/exit gate of Parcel 2 to the Belcher Road traffic light via the driveways on Parcel 1. 5 Item # 10 Attachment number 11 Page 6 of 29 6.1.3.5 In the event that the Florida Legislature, Pinellas County and/or the City enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer shall pay the assessed amount under that Mobility Fee provision instead of, or in addition to, in accordance with that provision, the amount due under the current Ordinance. 6.2 Obligations of the City. 6.2.1 Concurrent with the approval of this Agreement, the City shall promptly process amendments to the land use plan and zoning designations for the Property as set forth in Sections 5.1.2 and 5.1.3 of this Agreement. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan, the Parcel 1 Plan, the Parcel 2 Plan and that meet the requirements of the Code. 6.2.3 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal 6.2.4 The City acknowledges that both Parcel 1 and Parcel 2 constitute independent building sites as shown on the approved Parcel 1 Plan and Parcel 2 Plan, respectively, subject to the access easement over Parcel 1 as described in Section 6.1.3.5, which comply with the provisions of the Code. Accordingly, Developer may transfer ownership of either Parcel 1 in its entirety or Parcel 2 in its entirety without the consent of the City as further described in Section 14 of this Agreement. 6.2.5 In the event Developer shall subdivide any portion of Parcel 1, such as to create outparcels for the retail buildings, such subdivision shall be subject to the requirements of Article 4, Division 7 of the Code; however, City agrees that Developer shall not be required to amend its approved Parcel 1 Plan in order to obtain relief from landscaping or parking requirements as to the created outparcels. 6.2.6 The City will assign to Developer (i) transportation impact fee credits for the Transportation Obligations set forth in Section 6.1.3.3 of this Agreement, in an amount equal to the cost of the right-of-way dedication and/or improvements constructed as appropriate; and (ii) transportation impact fee credits based on the previous use of Parcel 1 and Parcel 2 as a 295-unit mobile home park, as to Transportation Impact Fee ordinances in effect at the time the fee is to be paid. 6 Item # 10 Attachment number 11 Page 7 of 29 6.2.7 In the event a Mobility Fee requirement is enacted as described in Section 6.1.3.5 of this Agreement, the City will assign to Developer any credits against the Mobility Fee which may be available based on the previous use of Parcel I and Parcel 2 as a 295-unit mobile home park. 6.2.8 The City agrees that all land depicted on Exhibit E of this Agreement as proposed right-of-way in connection with the development of Parcel l and/or Parcel 2, shall be included in the total land area. for purposes of calculation of floor area ratio and/or density, as appropriate. 6.2.9 Parcel 1 shall be considered as one parcel for the purposes of signage. The overall Parcel 1 site shall be subject to a Comprehensive Sign Program to be submitted prior to issuance of a Certificate of Occupancy on Parcel 1. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees, subject to the credits described in Section 6.2.6 of this Agreement. SECTIONS. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 7 Item # 10 Attachment number 11 Page 8 of 29 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement,. is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, (in addition to the termination provisions of Section 5.2 hereof), at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: .11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1 2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified 8 Item# 10 Attachment number 11 Page 9 of 29 mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Nickel Plate Properties, Inc. Attention: Andrew B. Ingersoll 1414 West Swann, Suite 150 Tampa, FL 33606 Lakeside Enterprises, L.L.C. Attention: Andrew B. Ingersoll 1414 West Swann, Suite 150 Tampa, FL 33606 With copy to: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esquire 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3id) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to Parcel 1, in its entirety, or Parcel 2, in its entirety, without the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. and Developer shall be released from such obligations that have been assumed by the by the Assignee. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their successors and assigns,. except as may otherwise be specifically provided herein. 9 Item # 10. Attachment number 11 Page 10 of 29 SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any 10 Item # 10 Attachment number 11 Page 11 of 29 party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: NICKEL PLATE PROPERTIES, INC., a Florid rpo ation .-? By, 'Printed Name: Ta yr t. ?' nd w B. Ingersoll J ? ? l President Printed N Ze: LAKESIDE ENTERPRISES, L.L.C., a Florida limed Viability comiany qrint6d Name: ?TcAt t7 e? 4, --T Printed Na e: ?,Inu (Y A ce By: 11 Item # 10 Attachment number 11 Page 12 of 29 Printed Name: Printed Name: CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this-day of; 2010, by Andrew B. Ingersoll, as President of NICKEL PLA E PROPERTIES, INC., a Florida corporation, on behalf of the corporation. He is _ personally known to me or has produced as identification. Wtary Public Print Name: JAYNE E. SEARS ' Commission # DD 907040 :.: Expires September 2, 201 e" 3 "ed ThN ireY Fmlh Ih9uref1w 800485.7019 12 Item # 10 Attachment number 11 Page 13 of 29 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /D ""-day of P-1 2010, by Andrew B. Ingersoll, as Manager of LAKESIDE ENTERP BES, L.L.C.; a Florida limited liability company, on behalf of the company. He is _ personally known to me or has produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS Commission # DD 907040 Expires September 2, 2013 Bonded 7hru troy Fain Insurance 800.385.7018 The foregoing instrument was acknowledged before me this .day of , 2010, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: Exhibit A Legal Description Exhibit B Parcel I Plan Exhibit C Parcel 2 Plan Exhibit D Deeds Exhibit E Transportation Obligations 045497.116337 #508546 v5 - Nickel Plate/Development Agt 13 Item # 10 1; ?= ?A„ Attachment number 11 Page 1 Of 4 Page 14 of 29 J: \329\Doto\Dwgs\LS\329-,LL COMMERCIAL-LS4.dwg - Jon 08, 2010 a 10: Doom - lbeckman THIS IS LM A SURVEY _RE WAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. S LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. 4RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PARCEL 1 Townehip A parcel of land being o portion of the Northeast I/4 of the Southeast I/4 of Section 13, 29 South, Range 15 East, Pinellas County, Florida, being more porflcularly described as follows: Township COMAENCE at the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 13, [, '1/4o of the Pinelloc Cofnfsection1d13 thence OS' basIa °ofnbearingssforlthisilegal Northeast xte desc{Iot-Wo), lfor ine66of6BELCHERiROADE accordingltoeOfficlal Records Bcorioko4564rly Foge1155 of theePublic the Rich y Records of Pinellas County, Florida; thence iBSU?d9EosierlyEexienslon of tiheNOWeslosRlgh?-oi-Way lie Southeast I14 of section 13, 'a alone IIne of BELCHER ROAD, respectively, for 50.01 fast NBS- line of BELCHER ROAD. , and sold West RlQh t-oi-Way to the POINT OF BEGINNING; !hence "the lollGw?ine two OOc urs es along soldes50. feet West of and pt R lehwith -Woyline at BELCHER ROAD: ( I ) thence 100 0., 08 W, along sold East line of aid fine 5000 feet EWestlat Southeast Sectiolnin1e?o,ffo the5Norftheastf;1/4 atttheaSoutheast s 1/4 of Section 13, N48°38'29°W, for 62.35 feet toFlthe oiiTrensporfiat ithRlghl-South Righi-of-Way line of STATE ROAD 60, according to Map 15040-2501, doled February 23, 1960; thence avingtold Weal ibel- f-Woy line of BELCHER Rh AD, STATE and pa '20"W, along sold South Righi-ol-Way of N and parallel wlfh the North line of said Northeast I/4 of the Southeast I/4 of Section 13, or 770.94 feet to the point of Intersectlon with the East line of that cart 0In property as described In Deed Book 1016, pate 329 of the Public Records of Pinellas County, Florida; thence leaving said South Right-of-Way line of STATE ROAD 60, S04 656.65 along cold East line of hatrce tain property at described In Deed Book 1016, Page 329, or property oc of I ntersectionriwithla Donatongenl0curve, conooveiNortherly; tthence,EasierrIy ,62 alongbtheoorceatPsold of radius of 65.50 feet, a central angle of curve, from o radial bearing of 832°15'51."W, having a 63107'45", an orc length of 72.17 feet, and a chord bearing S89°18'02"E for 68.57 feel to the point of Intersection with a non-tongeni line; thence 589°16'02"E, for 447.45 feet to the POINT OF BEGINNING. Containing 506,892 square feet or 11.637 acres, more or less. Error of closure: 0.004 feet (JEB) OF LAND UPON A NOTE, THE GEOMETRY PERTAINING TED O YyFLORIDALDE6IGN CONSUILTANTS,RINC. TITLED `LAKESIDERATICLEARWATER", JBAS OBENUMBER 20OP 00087 AND TOPOGRAPHIC SURVEY PREPA DATED OGRA H AND RECORD DOCUMENTS AS NOTED HEREIN AND 15 SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. LAKESIDE AT CLEARWATER NORTH COMMERCIAL PARCEL DATE DRAYrN: CALLED: CIECKED: SCALE JEB P HONE 10/7109 JEB JEB JOB NO., EPN: SECTION: TOWNSHIP: RANGE: 2009-07 329 13 29S 15E FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, SURVEYOR a PLANNERSSTY 3030 Slorkey Blvd. New Part Richey, Florida 34655 (727) 849-7568 Certificate of Authorization: LIS 6707 State of Florida SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-?CHANGE SHEET DESCRIPTION REVISION 2-01/18%10 REVISED PARCEL GEOMETRY (JEB) , AND THE ORIGINAL ORIDA NOT rIRAISED SEAL IOFA A UFL LICENSED SURVEYOR AND MAPPER, DAVID WILLIAM M0 1 PROFESSIONAL NUMBEROLSA5840APPER i STATE OF FLORIDA concepts moy not be used or reproduced without written permission. 2D09 Florida Design Consultants, Inc. Drawings and Copyright lb 4 C EXEI7TIT "A" Page 2 of 4 J: \329\Doto\Dw0s\LS\329-ALL COMMERCIAL_LS4.dwg - Jon OB, 2010 0 10: Doom jbeckmon -rI11S IS XU A SURVEY "RE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY- S LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY, tRINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION I EC AC p M: ACRES BNG = BEARING COP, = CORNER. DB - DEED BOOK fDOT = OF RANSPORTARON RIGH7-OF-WAY MAP FT - FEET MOL - MORE OR LESS ORB = OMCIAL RECORDS BOOK PB = PLAT BOOK PG = PACE POE POINT Or BEGINNING POC = POINT OF COMMENCEMENT PAD = RADIAL WAY Attachment number 11 Page 15 of 29 50.00' STATE ROAD 60 N LINE NE 1/4 OF SE 1/4 OF SEC 13-29S-15E THE ME of THE NE 1/4 OF - - - --- iTHE SE 1/4 OF - - - --"-- _ - - 1 SEC 13-29S-15E S R/W STATE ROAD 60 (FDOT 15040-2501) N895-20 'W 770.0-4' f N4838'29"W 62.35' W R/W.BELCH€R ROAD (ORB 4564, PG 155) 50,OD' N rp l ? IR N 1 /2 OF THE NE 1 /4 OF THE SE 1/4 OF 0 o: 10 l0 SEC 13-29S-15E SUBJECT PROPERTY: n m ?? z a s 506,892 SO FT, OR `9 o y .8 11.637 AC, MOL J CO O 0? We C O. e o w o0 R/W a RIGHT-OF- SE COR SEC = SECTION Sq = SQUARE DB 1016, PG 329 5 ' ,°n' RADIUS=65.50 in 0: w ° LENGTH=72.97 ' 0 .1, ° y? Q 52 CHORD=68.57 CHORD BEARING=S89'18'02"E m z - 2 DEL7A=63'07'45" " z W RADIAL BEARING= S32'15'51 POE 3 0 can-IR'ng"F 310.62' l S8201 8'02"E 447.45' I W R/W BELCHE ROAD ? S 1112 Of THE NE 11/4 (ORB 4564, PC C 150 m OF THE SE 1/4 OF SEC 13-29S-15E 'o SE COR OF THE NE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E THE GEOMETRY V PERTAINING TO THE PARCEL ROF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARI NOTE, SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, INC. TITLED LAKESIDE AT CLEARWATER". JOB NUMBER 2009-0007 .D000MENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. AND TOPOGRAPHIC SUR DATED WE-5Z FOR: 3131I2009 AND RECORD LAKESIDE AT CLEARYYATER NORTH COMMERCIAL CHECKED: SCALE DATE: DRAWN: DALCED: 1"=200' 10/7/09 JEB JEB JEB JOB -- No.: ERN: SECTION: TOWNHtIP 5 RANGE:I E - 2009-0? 329 13 FLORI®A DESIGN CONSULTANTS, I NC. ENGSURVEYOR VI SOPLANNERSSTS 3030 Slorke Blvd. New Por(72?'h y. Fo568 34655 Certiflcote of Authorizotlon: LE 6707 State of Florida PARCEL SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11/S/09-CHANGE SHEET DESCRIPTION (JEB) REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) N07 VALID WITHOUT THE SIGNATURE AND THE CENSED ORIGINAL SURVEYOR FLORIDA AND MAPPER DAVID WILLIAM MCDANIEL PROFESSIONAL SURVEYOR AND MAPPER LICENSE STATE NUMBER 40 FLORIDA lcnts, Inc. Drov,,Inge one, concepte moy not be used or reproduced without written oermisslon. ©Copyrlghi 2009 Florldc Design Consul Of it? )2- , x. ,11 "A11 . Attachment number 11 Page 3 Of 4 Page 16 of 29 J, \329\Doio\Dwgs\LS\329-RESIDEN7IAL-LS1.dwg - Jon 08, 2010 Cp 10:37orn - lbeckmon THIS IS NOT A SURVEY THERE MAY BE ADDITIONAL AFFECTING THIS MAY BE FOUND 114 THE PUB ICSRECORDS OF THIS COUNTY.PROPER7Y THAT THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION - LEGAL DESCRIPTION: PARCEL 2 A pSouthotgd15eEast , PInel lot County.NFlorlda, beingcmoreePoriICUlorly/desor]bedlas 101lawwnship 29 „ouch, Range 15, COMMENCE of Rangeo15hEast,CPinellas Countly, Florida;t hencesS00°09'O81'ElralongSthelEcri li neTofnsaid 29 South, for this legal 114batrthev Southeast I /4 Northeast I/4 for t Sotheast to4thefSouSection 15 theast the basic of o the Northeast I/4 of the Southeast 1/4 of Section description), If Section i3; thence leaving sold Eosi Ilns of 13, 89 feet 611 to the along the h I Ins of sold Nor theoEi of sold Not thecei 1/44of ihee Southeast II14afofsa8ect10n, 13r 1,3366..8 thence NOfeel to along the BWest EGINNING; line thenced continuetN00`23fA W,Salong sold/West linelof the some being the East line of EAST DRUID PARK, as for 50.01 feel to the POINT OF a te Northeast 1/4 of the Soouuththe east 1/4 I/4 of Section !3 c 9 dCNoriheovi 1/4lof The r'Southeastd1/41of Sectionf15. recorded doriihwesi corner ofothe,Southh1/2Uofl coll, to the i some being the Southwest corner of BAMBOO SUBDefe61o6oving saldoWesd Ilnelai Bhek Noriheasf751/4 tai Public Records of Pinellas County, Florida; p along the North fine of said South l/2 of the the Southeast I/4 of Section 13, S89 I! 33 E, S BIVISION. and the SouthhIInc of/ thaticertainopropertyeas?deserlbedtIn DeedtBools11016, Pogo 329Bof the Pu the Publlc Records of Plproperty es Count descrlbedFlorida, InrDeedcBookI1016, Page6529; thence leaving soldtNorth corner of cold d certain as tins 2 the to the 1/2 of ale INorthecel o tenon-iongenti curvet, Scancave13Northerl : thence a td 310.6 Easier feel along traltangleaoff63°07'45°,reanfare lengihoat 72. 17gfeetS3and5a5chordhbearIng 589*le'02"E5forr ot 889118'02"E, for according to 447.45 feel total 66.5 test t leaf to teInpoint of tersectIoniwithcthe We?IhRlghinoi WoynIIneline; the point of eont W E, Records Bock 4564, Page 155 of the Public Records of Florida; S89°1' along sold West Right-of-Way line 61 BELCHER ROAD, some being o line hence tsar WS' of and parallel along sold West Righi-ai - Way line of BELCHER ROAD, with said East IIne of the Northeast I/4 of the Southeast 1/4 of Section 13, for 617.96 feet to the point of iniereectIon wlih the North Right-of-Way line of DRUID ROAD, according to of dl0111clld Records Book 4564, Page 155 of the Public Records of Pinellas County, Florldo; thence lecvng so West Right-of-Woy line of BELCHER ROAD, N89`12'a6oWle'luongtold North Rlghi of-oy line of DRUID ROAD, some being o line 50.00 feel North of and p ilh sold South ine the Northeast 1/4 of the Southeast I/4 01 $actIon 13, for 1,301.10 feet to the POINT OF BEGINNING. Containing 803,028 square lost or 18,435 acres, more or 1666 , Error of closure: 0.008 feet (JEB) UPON A NOTE, THE OEOMETRY SURVEYFPREPAREDOBYHFLORIDALDEOF LAND BEING SIGN CONSULTANTS,RINC. TTLED (LAKESDERATICLEARWATERY JBAS OBENUMBER 2009 00A07 AND TOPOGRAPHIC DATED 8/81/2005 AND RECORD DOCUMENTS AS NOTED HEREIN AND 15 SUBJECT TO AN ACCURATE FIELD 60UNDARY SURVEY. REPAREO FOR: LAKESIDE AT CLEARWATER SOUTH RESIDENTIAL PARCEL CHECKED: SCALE: DATE: DRAWN: CALCED: NONE 10/6/09 JEB JEB JEB O J0 No.: EPN: SECTION: TOWNSHIP: RANGE: 2009-07 329 13 29S 15f FLORIDA DESIGN CIONSULTAKTS, INC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 8 PLANNERS 3030 Slorkey Blvd. New Pori Richey, Florldo 34655 (727) 8orl2ai6 Certiflcater of Authoriza,?On: LE 6701 J SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 1-11 REVISION 2-01//8/10-REVISED PARCEL GEOMETRY (JEB), NOT VALID WITHOUT THE SIGNATURE AND T LICENSEDASURVEYOR, AND MAPPEFLORIDA e. DAVID WILLIAM McDANIEL PRaFELICENSE NUMBEROLSA58 DAPPER STATE OF FLORIDA State of Flar u ©Copyrlghi 200E Florldr Deslgn Consulionta, Inc. Drawings and concepts rnoy not be used or reproduced without written permission, E)U-IBTT "At: pacre 4 of 4 J: \329\Data\Dwgs\LS\329-RESIDENTIAL-LS1.dwo - Jon Oa, 2010 @ 10:33om - packmon T His IS h= A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION M I0 ) B J Y 93 t to to .. N t] in . C> L - q ?i Attachment number 11 Page 17 of 29 LEM& R OF ACC ACRES NE CO CDR =CORNER THE NE 1/4 OF DB = DEED BOOK THE SE 1/4 OF BAMBOO SUBI)NISION FT ° FED LESS moi MORE = SEC 13-29S-15E PB 28, PB 75 ORB CIAL L ORB = RECORDS BOOK OFFI , PB = PLAT BOOK PG = PAGE S89'17'51 "E S LINE BAMBOO SUBDIVISION S LINE POB - POINT OF BEGINNING D8 1016, PG 329 POC = POINT OF COMMENCEMENT 14,Dp4 200 (PE? 28, PG 75) l R/W = RIGHT-OF-WAY 'OD 0 SEC = SECTION LOT 7 I LOT 14 o) ti SO =SQUARE tJ N LINE OF S 1/2 OF THE NE 1/4 $$9'18'02"E 310.62' $89'18'02"E 447.45' lER ROAD W R456 OF $69 THE '17 SE ' 1/334 "E OF SEC 463 13.-05'29S-15E SE COR R(ORE) 4564,, PC PG 155) IW D8 1016, PG 329 RADIUS=65.50' COR OF s 1/z of THE LENGTH=72.17' Coe in NW J NE 1/4 DF THE SE 1/4 OF CHORD=68.57' "OD SEC 13-29S-15F. CHORD BEARING=S88'18'02E too sw CDR BAMBOO sueDivlslDN DELTA=63'07'45" (PS 28, PG 75) SUBJECT PROPERTY: RADIAL BEARING=532'15'51"W m 803,028 SO FT, OR 18.435 AC, MOL W W S 1/2 OF THE NE 1/4 00 00 c v OF THE SE 1/4 OF SEC 13-29S-15E O G m to In ? h IW . N89'12'46"W 1301.10' 36.00' N R/W DRUID ROAD (ORB 4564, PG 155) 50.00' _8 LINE NE 1/4 OF SE 1/4 OF SEC 13-29S-15E _ _ _ - - - N8992'46"W 1336.89 - - - SE OF /4 DRUID ROAD , THE HE 1 1/4 OF THE SE 1/4 OF SEC 13-295-15E `i a c a c0 D 4 IL O Do? zzo WMo ?z g POE SW CDR OF THE NE 1/4 OF THE SE 1/4 OF BOUNDARI SEC 13-29S-15E PREPARED TO 6Y THE FLORIDA PARCEL OF LAND BEINS DESCRIBED HEREIN (THE DESCRIPTION) IS 60LELY BASED UPON A PERTAINING DESIGN CONSULTANTS, INC' TO TITLED AN ACCURASI FIELD BOUNDARY S AND TOPOGRAPHIC SURVEY DATED 315112009 AND RECORD DOCUMENTS AS NOTED HEREIN AND FOR: LAKESIDE AT CLEARWATER SOUTH RESIDENTIAL SCALE: DATE: DRAWN: I"=200' 10/6/09 JEB JOE No.: EPN: SECTION: 2009-07 329 1 CALCED: TOWNSHIP: 29S CHECKUCh JEB RANGE; 15E ENGINEERS, ENVIRONMENTALISTS SURVEYORS 6 PLANNERS 3030 Slarkey Blvd. New Po`i7 ?)h649F7b68 34655 CcrtlflcatE of Authorl2ailon: LB 6707 StGt6 of Floridc PARCEL SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH SHEET REVI510 J 2-01/8/10-REVISED PAR ELDGEOME TRY (JEB)> RE NOT VALID WITHOUT THE SIGNATURE ORIG SEAL AND T UC N EIDASURVEYOR AND M PPER,LORIDA DAVID WILLIAM McDANIEL PROPEL CENSE NUMBEROLSA5840pPFER STATE OF FLORIDA © Copy lght 20D9 Florlde Design Consultonis, Inc. Drcvrlnos and concepts moy not be used or reproduced without written permission. Sstffltl a'f Attachment number 11 Page 18 of 29 EXHIBIT B Parcel 1 Plan Item # 10 Attachment number 11 Page 19 of 29 75 ---? --- ----------- 60 ?? =g D p Q p B f t? o rt p O O R r ACS 6 @ : S, ® i e 9A €? a?o ? p s $ t r C? e i 1 it G`. ? F 5 G ,-gam , rn j ®l p I a i •, y 4A it I m 0 J i L -{ rn r r - - - f+ Bn 61 sn Se i KLCHER ROAD !q O t' - - - - 4 fl E^ I ' jill ? e; 3 M IF f' } 4 ^ ? Z { Q ? ? ? ? ? ?$??P??flR:F?Pfl?•`???€?d??e sp '? B a ? (I C H ? :,I!E t?ap?$b !'WEppg_? Fps fl e,¢• E?? D {a°gSS?S{ S??8 ER fl?Ya s F° SS q c a. ? C6 B{ k ? ? EBfl?b s BF°}'s 5?`?^ ? ?? Fly- f - I p e Oil E y ff ? ? D m?`S• a; zb?? ffr1!•isi°f? ?Ej;? ?? D F ig?lEfl€}"£Jg;=-$iFf€is? 8 e$ a asap acne L" is€86sfie15-?? B• Fps ?_ F qA ak it a jFY°€p.jg4,".,° E safiFn? ?a i 1 ° E S6aI;?BF s?,?fla?F&E4i{ e? ? s it , p aloe naC,C y 6 ?p`yg:fi .°°Sa:sFS?'c?e5?e+?S'g?sr6 - - t E aE k ?3F s ?i ?_F53=eg@y??s @@? ° bb? r A .r. kt" °?? 44e if eE¢fi a-?gpCgF$I_ Z .1 YA lF a-eG aa' e Rq T rte. r,A ftQ° .SR £uS"RR-..v gg ? ?q: EF "f..g•Yow•?eeA4r=flb'?€s?s F.$ ,.EF- ;fl Item # 10 ° a ?g Attachment number 11 Page 20 of 29 EXHIBIT C Parcel 2 Plan Item # 10 Attachment number 11 Page 21 of 29 T_LT r 071 P Eg ? 0 CO i E i r 93 r A r m R P i c r- m f? z m N -t m m? 5 gr N rn m f °a N a m M ., 11 1 fir, > &:L: FV,3 : ;' E f g oE? ? ?6 t ll [ F ?? .R R s l O s I I 4 al F x LE' ? , O BILBOOLME tF b kk [ ykk?? gg $ a ? Fe E ? I ,n L $ k {4Ci', 4R4{ ?•' }R}??i pp g 4R {{M{ vixz% gi g' #€ Y s? y F` first ;s FI ° ¢ `F € list rl? ksee'IN2'4 d if ¢¢ SY g I If* F 11 i F se?¢ F¢F!£°s?x`?'?`F$¢kk'eFpS$¢? ?!. $ F sBUZ 111?1s01e - si ELItil ya. g[ fFY??s ?Y ?4e ee }'p¢? ???p?F F -A uVIP" R { R y?. i-QRaI;S ELFy QY? r L Y? l6,. FQ?¢SYS}Fy? S PS,,? lY14 Pi° S.? EF _e FE X' 8F f FF g ([ E E € ` - ®?0 e g f 1p ,y ?' Item # 10 Attachment number 11 Page 22 of 29 EXHIBIT D Evidence of Ownership (deeds) Parcel No. 13/29/15100000/410/0100 Owner: Nickel Plate Properties, Inc. Deed: O.R. Book 4791, Page 1232; Public Records of Pinellas County, Florida, dated 12/1/78 to Lakeside Corp., a Florida corporation Merger: Lakeside Corp. merged into Nickel Plate Properties, Inc., on 5/25/04 Parcel Nos. 13/29/15/00000/41010200 and 13/29/15/00000/410/0300 Owner: Lakeside Enterprises, LLC Deed: O.R. Book 13686, Page 610, Public Records of Pinellas County, Florida, dated 7/1/04 to Lakeside Enterprises, LLC Item # 10 Attachment number 11 Page 23 of 29 "F i C" p rrte?.. 1 ? THIS INDENTt RY- Made tlrzs ist day of December 19 70, by and between INEZ E. VAN WALLIGHAN, formerly Inez E. Hinners, widow and surviving spouse of Robert 1. Hiririers, deceased of the County of • HILLStorzUCIi , State of Florida part y of the first part, AND IAKESIDE C011P. , a Florida Corporation whose post -of.fiee address is: !°.a• 64x ZL71, Jaeluorrvslje , 3ii?afu ?a6: j of the County .of Pinellas , in the State of Florida part y of the. second part, WITNESSETH: That the said part y of the first-part, for and in consideration of the, sum of Ten and 00/100------------ Dollars. and other valuable considerations, lawful money of the United • States of America, to her • in hand paid by the- said part y of the second part, the receipt. whereof is hereby acknowledged, ha s granted. bargained,- sold"and conveyed,to the said part y of the ;.A\ 'second part, its sucoessors hut= and assigns forever, all of the O following. described land in County, Florida, to-wit: t e Pinellas trl The Northeast quarter (Nz r/4) of the Northeast quarter (NE 1/4) of the South- east luarter'(S,E 1/4) and the South oae-half (9 1/2) of the Northeast quarter i (AIE 1/4)• of thi-Soutbeast quarter BE 1/4). of Section 1.5, Townsbip 29 South. . Range 181:ast; SUBJECT UbW£VEft to the right-of-way of the public thorough- _ fare ki:own as Gulf-to-Bay Boulevard over the North fifty (50) feet of said North- east quarter (NE 1/4) of.Northeast quarter (NE 1/4) of Southeast quarter r (S£ 1/4) and the South fifty (50) feei of said Northeast quarter WE 1/4) of said Southeast quarter (SE 1/4) for right-of-way of Druid Road (County Road No. 28), and that pact of said Northeasi quarter (NE 1/4) of Southeast Quarter (SE 114) described iii O.R. Book 4564, pages 159, 155 and 156, for right-oi-way of Belcher Road (County Road'No. 20, all lying and being in Pinellas County, ! Flotida, Captitxied preatises is 'not th;b omestead of the grantor wh s resides at :20.r `7- €. - ?'"'d ` 3 TO HAVE AND TO iIOLD the above described promises, with the appurtenabeeb, unto the said part y of. the second part, its success p bmc3deit and assignso. in fee sisrp}e forever. An4 the said part y of the first part do es hereby.covdnan with the said •pait y of the second part that said described property is free krom all liens'arid encwnDranees except taxes and/ 07 or assessments for-the year 19 79.. and subsequent years and case- ments and'restrietions of recot if any. And the said part y of the first part does' hereby fully . Warrant the, title to said land. ahd will defend the snort against the lawful cleitas of ail persons whomsoever. IN WITNESS WHEREOF, the said part y of the first part has executed this deed under seal on the date-aioresaid. r sti l??. /? (5€ L1 A Sigtied. sealed arid. delivered A et an a` lp aft er Y in the presence of: 3° ez L. •k'inae:s. - (SEA:,) tz •i' C. R ti P't 43P. DEC M'li (SSRL) 41 Fw . Z' r •, Item # 10 . t STATB OF' FLORIDA. ) D.R. 4 7 91 F:&E i 2 3 $ COUNTY OF HILLSBOROUGH ) i Attachment number 11 Page 24 of 29 I HEREBY CERTIFY, That on this day, before rae, an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared INEZ E. VAN WRLI.IGHAN, formerly Inez E. Hinners, widow and surv iiy1M spous of Robert J Hinners deceased tome known to be the persons) described in and who executed the foregoing instrument, and s e • acknowledged before me that she executed the same as her free act and deed for the uses and purposes therein stated. WITNESS dry hand and official seal in' the County and State la$t aforesaid this 1st day of Decembers A.D. 19 78. (17' Lj NOTARY PUBLIC, STATE OF FLORIDA AT.LARG Hy Commission Expires: 6-2-81 -STATE of COUNTY OF ) I HEREBY CERTIFY, That on this dayy, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to ' take acknowledgments, personally appeared to " known to be the person (s) described irs and who. executed -the' foreVoing instrument, and acknowledged before me that executed the same as _ free act and deed for. the 'uses ane.purposes thereir. stated. .WITNESS my hid and official seal in the County and State last aforesaid this day of A.D. 19 NO! Y PUBLIC, STATE OF AT LARGE " ZtY Co?ssion'Fbcpiress - • (Place raised officinl seal,here) S'fE APL Fil[JA.I to G. P-0 '? xa: to O -VF STA«[4LPl?ci? -A?1 . Gi G W -S DOCt1M Abti.f Alf 1 ro= rtu?ar9 Q'Q 0 01 Tn D(3/C EHiAQ•? JIg•,IAXi :ter Icev rS" r Sf?AiAl._ . .X 1 f ttiesn , I r er ) M SGC.P01 at'r+•:r : f, 9 0 0. 0 0 I ,.. ; ?s - w::rn? -- "` U R 1!?y X I r+ ?`'. F.CIA V's Or Mv 0. P E D •?? '94.00 ]?R ?• "" 900.0 1 N s • '? Flo?t?ai UR'A'; 0 0: AZT: ... . •+ ;17 5 0. t t• Item # 10 Attachment number 11 Page 25 of 29 18: 2004272551 BK: 13686 PG: 610, 07/06/2004 at 05:50 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $9275.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMCI This document prepared by and return to. LIBERTY TITLE AGENCY 1101 Belcher Road South, Suite A Largo, FL 33771 FILE NO: 04128-LG Parcel/Folio ID Number: 13-29-15-000001]10-0200 1-129-15-00000-410-0300 WARRANTY DEED % THIS INDENTURE, made this 1st day of July, 2004, between Chauncey Partners, LLC, A j'lprfda? % _ .. ' Limited Liability of the County of Pinellas, State of Florida, herein called the'Grantor, and Lakeside Enterprises,LLC, A Limited Liability, whose address is P.O. Box 5008, Clearwater, FL 33758, he ?ensafter called the Grantee. Wl'TNESSETK that the Grantor, for and In consideration of the sum of Ten and No/100-Dollars ($10.00), and other good and valuable consideration to Grantor in hand paid by Gr4t'ee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Granted ahd Grantee's heirs and assigns forever, the following described land, situate, lying and being i:¢ kfieCounty bF Pjr%e s, State of Florida, to wit: SEE ATTACHED LEGAL ` Subject to any restrictions,. reservations and easerhents of reoord, if any, takes subsequent to 2003. % ,-, , , The property herein conveyed is not the homesteader %. bf the Grz,ritar(s). % % The Grantor does hereby fully warrant the'dtle tp saltily ;td, and will defend the same against lawful claims of all persons whomsoever. % IN WITNESS WHEREOF, the C3rariYor(s) hbsZlkive hereunto set their hand(s) and seal(s) the day and year first above written. , prese?ce,:? Sign sealed and delivered in-our t V TIN ' Cha ey Pa ers , L Wi AA % \ L'_ ? / BY: MARK G. NAEDEL, MANAGER' Wr. % STN: 3 PF FLOI'0DA 'COUNTY,OF PINgLAS The foregoing ins cknowledged 1 NAEDEL, who is/ pe" onally known a or has i this ist day of July, 2004, by MARK G. identification in the form of Notary: v My commission expires .l?+, i?•t 1 a?+lC JICC 9307 y .? .a F'r•.:9::EQ:rit'9rH.Y0M 041?E•LG Item # 10 PINEIJ AS COUNW FL OFF. REC. HK 13686 PG 611 Attachment number 11 Page 26 of 29 , , % EXHIBIT"An That part otthe , jd NW '/, of the NE '/. of the BE +/. of Section 13, Township 29 Soutix-- -: Range 15 E Eastast, ascribed as follow , ' s: Beginning at s point in the North boundary of said quarter section located 475.6 along said boundary, from the Northwest corner of n ?? sa d NE % of BE %• then ` continuing East along said boundary, 193.07 feet more or less; to the NE comer of NW `.'; _ -' Y8 of NE +/s of SE'/., thence South along the East boundar of th / 6 + o m y +. e NW /. f +/. of SE 67.88 fait, more or less 'lo the Southeast comer of-said NW % ot;NE of BE %: thence run West along the So th b u ounds of said NM % of DE Y. + + more or less to the Southeast comer of a tract conveyed lk of Se r a J, , e (We F. Walker by Deed recorded in Deed R d 0 ? ecor 1 16, page 329. 0ghr r?? +i? ndl County. Florida; -and thence North along the East boundary of s feet, more or less to the Point of B W?667 6 . eginning, `„ , .% % Item # 10 Attachment number 11 Page 27 of 29 EXHIBIT E Transportation Obligations Item # 10 Attachment number 11 Page 28 of 29 f.. ? rr rim g rT` ` R =F? eSy e Z2.+ z o y m ? =a m" r a r Z x N m 0 N A O y m -1 m y O n Z'>r O m dp D r ? J. J. D ? o p N ?T rs e;. 6? rs2?] U: ?I '-n D I', o D ?, i ?? S. MAIN AVE. ,1II ?J . i I t s. .r, I II o?:.'1 °i 0' ?I I i i ? t\ I ?4 .-4 ?. ' 1 C 4 III i 4 i I+II 1 ?jj BELCHER RD. ? ? 10 :l a 6 -? Z E Item # 10 Attachment number 11 Page 29 of 29 P :0 ?g „a =F rS,LX s .' N H :.z o? a ?a H 3. r a a uZ, m 0 N 0 c ? m H D "- D O n Z zr o m m a r ? a a ~ An a A N Z D X DRUID ROAD{ - ' , i .. ! M O W .. . 1 l ?h m O ++ Q ?J II I .1 Y E E 'd v td, y. i ?. i Y O O f L `J ' ' D } l GULF TO BAY a a N E E° z m ¢a Z ? 'da a3HO13e O N E E° z m ¢a W? co W ocf a- W 0? w O N Attachment number 14 Page 1 of 3 ?o To Council 0 Press, Clerk 4? Jt, MAR 18 2010 Law Offices ` A M GOZA AND HALL, P.A. p? Attorney 28050 U.S. Hwy. 19 North Suite 402, Corporate Square Clearwater, Florida 33761-2654 Telephone (727) 799-2625 / Fax (727) 796-8908 FAX COVER SHEET TO: Mayor Frank V. Hibbard and City Council Members: John Doran, George N. Cretekos, Carlen A. Petersen and Paul F. Gibson FROM: Donald IL Hall, Esq. DATE:- March 18, 2010 FAX NUMBER: (727) 562-4052 Re: Nickel Plate Properties, Inc. Proposed Intersection Alignment Location: Across from the Gulf to Bay Shopping Center, Belcher Road NUMBER OF PAGES BEING FAXED, INCLUDING COVER SHEET, IS MESSAGE: ***PLEASE MAKE THIS A PART OF THE RECORD AND READ AT THE PUBLIC HEARING TONIGHT. Attornev/Client Privileged lrlformation: The information contained in this transmission maybe attomey/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attomey/client or otherwise. If you have received this communication in error, please notify us by telephone, collect, and return the original message to us at the above address via U.S. Postal Service, You will be reimbursed for any postage or any other expense associated with the return of this document. Thank you. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachment) is not intended or written by us to be used, and cannot be used, (i) by any taxpayer for the purpose of avoiding tax penalties under the Internal Revenue Code or (ii) for promoting, marketing or recommending to another party any transaction or matter addressed herein. Item # 10 Attachment number 14 Page 2 of 3 - - Law Offices GOZA AND HALL, P.A. 28050 U.S. Hwy. 19 North Suite 402, Corporate Square Clearwater, Florida 33761-2654 Telephone (727) 799-2625 Fax (727) 796.8908 Attorney E-Mails: dhall a gozahall.com abrannon a,Rozahall.com March 18, 2010 Mayor Frank V. Hibbard City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 And current City Council Members: John Doran P.O. Box 4748 Clearwater, FL 33758-4748 George N. Cretekos P.O. Box 4748 Clearwater, FL 33758-4748 Carlen A. Petersen Paul F. Gibson P.O. Box 4748 P.O. Box 4748 Clearwater, FL 33758-4748 Clearwater, FL 33758-4748 Re: Nickel Plate Properties, Inc. Proposed Intersection Alignment Location: Across from the Gulf to Bay Shopping Center, Belcher Road Dear Mayor Hibbard and City Council Members Mr. Doran, Mr. Cretekos, Mr. Petersen and Mr. Gibson: This office represents Ellis & Co., LLLP, the current property owner of the property located on the southeast corner of Gulf to Bay Blvd. and Belcher Road in Clearwater, across the street from. the proposed development by Nickel Plate Properties, Inc. It is our understanding that this proposed development is under consideration by the Clearwater City Council. My client spent considerable sums of money remodeling its current shopping center which included the design of the current traffic signal on Belcher Road. The design approved by the City of Clearwater was for ingress and egress to the shopping center. This design presently exists and totally protects the public usage at this intersection. Item # 10 Attachment number 14 Page 3 of 3 The request by Nickel Plate Properties, Inc. would dramatically change the present use by tripling the traffic load at this location making this intersection unsafe. Their proposal would create 90,000 square feet of commercial usage and 243 residential units that would create traffic that would flow out on Belcher Road at the present traffic signal. The additional traffic flow would create additional wear and tear on the private roads of my client's shopping center and create additional accidents at this intersection. This was not contemplated in the design of this traffic light intersection and my client feels that the proposed development by Nickel Plate Properties, Inc. would create a congested traffic situation in this area that would jeopardize the safety of the citizens of Clearwater. On behalf of my client, we strongly urge the Clearwater City Council Members to not approve this request by Nickel Plate Properties, Inc. for the intersection aligrunent on Belcher Road. Item # 10 D?% 1C ? Attachment number 15 Page 1 of 1 6 extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations"): (i) Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only lane on S.R. 60, as depicted on Exhibit "E" attached hereto and incorporated herein ("Transportation Exhibit"); (iii) Construction of the Parcel I 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 as depicted on the Transportation Exhibit; (" ) Installation of a directional median separator on S.R. 60 between South Main Avenue and the Parcel l project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue, as depicted on the Transportation Exhibit; (i) Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road as depicted on the Transportation Exhibit; (vy) Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel I project entrance as depicted on the Transportation Exhibit; (vii) 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 as depicted on the Transportation Exhibit; (vivi} 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, as depicted on the Transportation Exhibit; and (? Construction of three Parcel 2 project entrance driveways on Druid Road as depicted on the Parcel 2 Plan. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an easement for the benefit of Parcel 2 for vehicular and pedestrian 5 Item # 10 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 L/4 of the southeast L/4 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 Item # 11 Attachment number 1 Page 1 of 15 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: E3 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) Community Development Board - February 16, 2010 - Case LUZ2009-12003-Page 1 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 2 of 15 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. L 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 2 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 3 of 15 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 3 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 4 of 15 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 Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 4 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 5 of 15 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] Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 5 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 6 of 15 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 Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 6 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 7 of 15 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 now 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 7 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 8 of 15 NIAXINIUNI POTENTIAL TRAFFIC (Proposed Parcel 1- 11.637 acres) Gulf-to-Bav Boulevard: Between Keene Current Existing Proposed Net New Road and Belcher Road Situation Planl Plane Trips Maximum Daily Added Potential Trips N/A 780 3,945 3,165 Maximum PM Peak Hour Added Potential N/A 74 375 301 Tri ps 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-Bav Boulevard Maximum Daily Added Potential Trips N/A 780 3,945 3,165 Maximum PM Peak Hour Added Potential N/A 74 375 301 Tri ps 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" oftheCounnwide FinireLand UsePlan NIAXINIUNI POTENTIAL TRAFFIC (Proposed Parcel 2 - 18.=435 acres) Belcher Road: Between Nursery Road & Current Existing Proposed Net New Gulf-to-Bav Boulevard Situation Planl Plane Trips Maximum Daily Added Potential Trips N/A 1,235 1,880 645 Maximum PM Peak Hour Added Potential N/A 117 179 61 Tri ps 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 N/A 117 179 61 Tri ps 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 Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 8 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 9 of 15 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 9 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 10 of 15 Existing MHP District/ RLM Maximum Future Land Use Development Plan Potential Former Mobile Home Park (MHP)1 (4.99 trips/unifl 300 units4 1,497 N/A 0.60 180 N/A Proposed C District / R/O/R Future Land Maximum Use Plan Development (Parcel 1) Potential Shopping Center (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 Maximum Land Use Plan Development Parcel 2 Potential Apartment Residential Units3 (6.65 trips/unifl 276 units? 1.835 338 0.67 185 5 Permitted Use through Proposed Development Maximum Agreement Development DVA2009-00005 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 90,000 sf + (Parcel 1 + Parcel 2) 243 units 5,481 3,984 N/A 487 307 1 = Institute of Transportation Engineer's Trip Generation 8' Edition Land Use 240 2 = Institute of Transportation Engineer's Trip Generation 8"' Edition Land Use 820 3 = Institute of Transportation Engineer's Trip Generation 8"' 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 10 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 11 of 15 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 I 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 Belcher Road Druid Road Old Coachman (Ham to (Edenville to Cleveland) Hercules Level of Service - East and North C C C Bound Level of Service - West and South C D C Bound Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 11 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 12 of 15 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 12 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 13 of 15 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. Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 13 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 14 of 15 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 (M1-1P) 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 Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 14 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 1 Page 15 of 15 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 Community Development Board - February 16, 2010 - Case LUZ2009-12003 - Page 15 of 15 Revised for City Council Meeting March 18, 2010 Item # 11 Attachment number 2 Page 1 of 2 W I L W •.. LL] ST I' = - G J M W O w z U NASH T U CC W 7 F W LFI 3 WHITMAN BT L z DR to I r"ELU" PROJECT - t p CHAUCER ST SHELLEY ST CORNELL SITE it G J SR-SD GULF-TO-BAY BLVD RGGERS 0 r i M J T m=r E itl P l D .. ru ar c r fl - E $ m is G RL' G r_; R W ?j ?? _; •.:' LL] a U I ?? 5 DRUID CIR m D ? ?. , n © o CROYDON CAMPUS IAFFA PL U KENMOOR ACADEMY ? O ? ?? . . ; °°.. •.. •. © E u5 BASCDM WAY ? j LU COLLEGE DR co MAGNOLIA © G Ol E'r" OC1D a RD o RD } m DR w UNIWE R DR = RIPON DR 00 p m z m 0 O LINIVERSI Cr DR S ST e-, MINNEOLA RD Location Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 , PIN: From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MDR Atlas Page: 298B C Trogram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.11364.doc Item # 11 Attachment number 2 Page 2 of 2 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11364.doc Item # 11 Attachment number 3 Page 1 of 2 I Y' ?}}ar n'.. v „u I J fit; S; j I Asrk II .q t p 1 / Aerial Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , & From : RLM MHP 13-29-15-00000-410-0300 To: R/O/R & RM C & MDR Atlas Page: 298B C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11365.doc Item # 11 Attachment number 3 Page 2 of 2 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11365.doc Item # 11 Attachment number 4 Page 1 of 2 NNNNNN N N CG N CGS 1L O O G N N N ULP - O- N N cs GULF-TO-BAY BLVD 1 1 X 1 1 1 11.1.,,11 1, 1 111 z z O N N N CG R R _ N N ? N . . 511 CG 520 519 CG R/O/R 5 525 C1 o o o 0 0 0 N N N v 0 N 5 529 ° o, o, o 0 ° o N N _ 1 t t 1 1 1 1 1 1 1 1 - _ - 533 ? N N N (cj O N - 0 cQi N ?° R 0 655 RM l 693 ° o v p p N N N N p? _ N O O - ?O G 715 DRUID RD 801 805 O 803 N O W N 8 N N N M R N N O N N N ry ?? Q N 80 a. 80 Q 809 809 1 N N 80 811 811 173 Z W 815 81 8 0 N N N M °v N N v 21? N ° y 81 901 901 N GADEMY DR N N ry'??° `L^ N N CA DR 82 Future Land Use Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MDR Atlas Page: 298B C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11366.doc Item # 11 Attachment number 4 Page 2 of 2 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11366.doc Item # 11 Attachment number 5 Page 1 of 2 s N s LU 40 411 3 Z .N Vacant Shopping z ? J O Grocer 121 y - Center co Store co y Shore N z Cn 04 ?i a=o?UL - -BA LVD " N 11 N N N n N g GULF-TO-BAY BLVD 1 ? ? N ? ? N ,.? ?? I N ?V cy N ' rm 1 ry ease Aut esh'p M M 7 $1 2 Shopping " 3 $ r ??? acant Center with - - - - ?11 Grocery $2$ q 2 Sin 12 o Store 29 13 Fa $33 3, ° 32 N N N Re g ntia $29 ? 35 - - R IK- sot PHASE Bank \ 23 b 1 r ? 3 L2650 PH 6$$ PHASE ? 9 20 i2 Vacant z 4 Asa o Funeral PHASE 9C C6 -j ?6fjome b PH N N N co n? - +J _ PHASE ,as o N N 1 o Office N X71$ N N - DRUID RD 2 211 1 N 04 M 2 ?l t? 19 1z N 13 600 ?I t? o 11] 10e p 108 107 (0 106 803 N N N N N N H^ o ?? j0 $ CAMPUS DR 1 N N N N Existing Surrounding Uses Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MDR Atlas Page: 298B C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11368.docx Item # 11 Attachment number 5 Page 2 of 2 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11368.docx Item # 11 Attachment number 6 Page 1 of 1 A? View looking W from S. Belcher Rd close to Gulf to Bay Blvd at subject property View looking W from S. Belcher Rd at Druid Rd at subject property View looking SW from S. Belcher Rd close to Gulf to Bay Blvd at subject property 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 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) 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 1 of 3 Item # 11 Attachment number 7 Page 1 of 1 1 A View looking N from intersection of Gulf to Bay Blvd and S. Belcher Rd at retail sales on NE corner View looking N at retail sales at 2170 Gulf to Bay Blvd. N of subject property y?'? r nom. f ? f ' ?Ny . -.yam: ?.:T '? 1 ... Y???1?• View looking NW from intersection of Gulf to Bay Blvd and S. Belcher Rd at automobile service station on NW corner tM d i View looking N at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property j x _'M ?'_ •.?r ? 4? N fermi 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 2 of 3 Item # 11 View looking S at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property Attachment number 8 Page 1 of 1 r ; ?l Four lit i i .•r View looking S along S. Belcher Rd close to Gulf to Bay Blvd (Publix shopping center on left-, subject property on right) Aa"I View looking W from Publix shopping center at driveway intersection with traffic light on S. Belcher Rd ICI I n 4,I sV 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) 2165 Gulf to Bay Boulevard Case Numbers LUZ2009-12003/DVA2009-00005/FLD2009-12045/FLD2009-12046 Page 3 of 3 View looking E at Publix shopping center on SE corner of Gulf to Bay Blvd and S. Belcher Rd E of subject property t View looking S at bank at 655 S. Belcher Rd across from residential portion of subject property Item # 11 Attachment number 9 Page 1 of 2 a N N N 3 30 ^ 401 403 1 31 405 407 d 409 W ? 411 o Q z z ?oN? Q Q MHP NN N N C Z N N CO) // 7 J O co V N N O N O O N O GULF-TO-BAY BLVD Q N GULF-TO-BAY BLVD N c ? N N N - N N co N 511 - 520 519 _ C 525 52 525 _ 52 529 L R 533 O m m co h o co o N o N N 3 - - - C 529 ' ^ - O _ 1 1 1 1 I I I If^I I I I I I 601 - - MDR N N _ a - 655 e o - N o 0 N N = 11DA _ N co N N N - - 693 n N N N - O N N 715 N co N 0 N O W co 7 N O T : 80 k103 N N N N N N N jjl R?1CRryC 7F 10 F 10 Zoning Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , From : RLM MHP & 13-29-15-00000-410-0300 To: R/O/R & RM C & MHDR Atlas Page: 298B C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11417.docx Item # 11 Attachment number 9 Page 2 of 2 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.11417.docx Item # 11 Attachment number 10 Page 1 of 1 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'/4 OF THE SOUTHEAST '/4 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 Categorv 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 11 Ordinance No. 8143-10 Attachment number 11 Page 1 of 1 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'/4 OF THE SOUTHEAST'/4 OF SECTION 13, TOWNSHIP 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 11 Ordinance No. 8144-10 Attachment number 12 Page 1 of 8 LAKESIDE AT CLEARWATER LAND USE PLAN AMENDMENT AND REZONING PRESENTATION TO: CLEARWATER CITY COUNCIL MARCH 18, 2010 PRESENTED BY: E.D. ARMSTRONG, III9 ESQUIRE JOHNSON, POPE, BOKOR, RUPPEL & BURNS CYNDI TARAPANI, VICE PRESIDENT, PLANNING FLORIDA DESIGN CONSULTANTS ROY CHAPMAN, P.E., VICE PRESIDENT, TRANSPORTATION FLORIDA DESIGN CONSULTANTS Item # l l a L m h -^'-*.".r's1?IRWr-st'd'"'. t -17 333 ? LLI k e? ti -- .r W D z i a> 7. ; m C 7 JC 1_?J_ IA c c w t6 v V s - J O c a d v_ E2 U) OU n " 1 1 _ 0 U ) U 1 i ? a ova ? ? CO } rl j - ) art-?m - U a ti ? 0 0 0 O o 0 0 lie q? (6, lip r, O 'a L L I Air d '1 R t l I t I a n. dlt% - -- ° r ` . .. w r T? LO ,_ 1 o eren ases ?, .,.?aacmoow?ow .?vagsw, 4,?; iw s!ww.w no;w.?,i?.?w,w si ?i saamxio wnewuyPWIWQO elWlo paaudwm n&+eiO SyVt V1V0519 VC11 0-1d '2UIVIWIVTID S3Il8JdOdd l1Vld HADIN NOI(I?YV.I]tld ?oQ c }}?- ?.?¢ lNJwdoiJnla AIIVJVJ Innw aasodoad ? a V o N N 3 H J l a 0 yJ; CJ G ?` i, ?i "All o I? i i i ZZ III ?? II II.I LLJ Q ?z LLJ J CL 2 LL OU oz 0 w U Y LJ J (n _f ?I I ? FT i? IIII 31f t ?I 0 i •?LEI i ???ull 110 f '1 LI - 11 ?I I 1 L Item # 11 Attachment number 12 Page 4 of 8 Lakeside at Clearwater - Trip Generation Summary Land Use ITE LUC Size Units PM Peak Hour Inbound Outbound Total Shopping Center 820 92,500 Sq. Ft. 296 308 604 Apartment 220 260 DU 105 56 161 Trips Generated 401 364 765 Internal Capture (59) (59) (118) External 342 305 647 Calculated Pa ss-by (39.8% to Shopping Center) (120) (120) (240) Net External 222 185 406 Less Exist. MH Park 240 295 Occ DU (106) (65) (170) New Trips 116 120 236 Sources: ITE Trip Generation, 8th Edition, and ITE Trip Generation Handbook, 2004 Date: 3/17/10 T:\2009-0007\Presentation\[Presentation Mat.xls]Sheet4 Item # 11 Attachment number 12 Page 5 of 8 Link Analysis Summary Roadway Limits Lanes Direction Volume Future Operation (Artplan LOS) D id Edenville to 2LU EB 330 C ru Hercules 2LU WB 471 C S.R. 60 (Gulf Hercules to 6LD EB 2,186 C to Bay) Old 6LD WB 1,989 C Harn to 4LD NB 1,123 C Belcher Cleveland 4LD SB 953 D Date: 3/18/10 T:\2009-0007\Presentation\[Presentation Mat.xls]Sheet5 Item # 11 B a I I 8 2 ? Page 6 of 8 IL W J 1 2 3 z w CD 0 2 FAttachment number 12 Item # 11 GULF TO BAY BLVD. S.R. 60 N s R 0 IP' i I i I II Attachment number 12 Page 7 of 8 ?v. W? 8 W OM W 0 CD (LW Item # 11 Attachment number 12 Page 8 of 8 Lakeside at Clearwater Off-Site Improvement Costs A. Construction Items Location Improvement Costs S.R. 60 Right Turn Lane $ 3261000 S.R. 60 Median Revisions $ 1537000 Belcher Rd. Signal $ 2507000 Belcher Rd. Right Turn Lane $ 2127500 Construction Total $ 941,500 A. Right-of-Way Dedication S.R. 60 For Right Turn Lane $ 171000 ** Grand Total $ 958,500 Notes: *Construction Costs from FDOT Unit Prices and D-7 June 2009 Cost Sheet **Based on 2009 Pinellas Co. Property Appraiser Assessed Value of $5,815,877 for 0.088 acres to be dedicated. Date: 3/17/10 T:\2009-0007\Presentation\[Presentation Mat.x1s]Sheet5 Item # 11 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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: 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. 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 stan?Clards for ov r emo nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, of er standards, and special rules. Item # 12 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 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 Item # 12 Attachment number 1 Page 1 of 1 22/14 M N 40 33 -CLEVELAND S 04 M M M O p ? 7 ^ p W 2 MM M 22/13 ry?? ry'1., ' \g`L fp F \g? ry\ry P M M M M M M 10 13 0 ^2/18 M 22/11 CD oO 0: '• A:.•. ..,. ' •?' 9•. .:.:..:.:.• _ " 33 4 0 v p 60 10910 M 1 M M t6 1096 1 2 3 1 2 4 502'5, l 1 12? 11 1M0 1 N 8 11120 Y 10 1 9 8 1 7 1 6 ? I 3.39 Ac 1 1201 1 1 r' ?? c 1 c 1 I 1 I I M 1 M - 471(5) KENTQCKY- ... .. W T Ll! 201 ? 1 1 1 12 3'. , ".?5;•?6°'= I:9Q W 1 2 1 3 1 a 5 I I I I I 1 2 1 3 1 4 1 s 6 7 1 8 1 1 - - - r - 1- - - •- Q 1 9 Op ego. 225 10 1 9 1 8 1 7 1 6 1 23 1 22 1 21 1 20 1 19 1 18 1 17 1 16 1 15 - I 1 1 1 1 r 1 AN 1 1 o 0 M "' "' 0 1 1 1 I 1 I 1- I 30 ns I -- 12$x. 2271 1 T 1E NWi 40 307 M 1 I 1 1 1 c M 30? 1 4 5 6 1 2 3 4 5 40 1 1 I 1 ? 1309 I 1 - 1 •- - .. `.4. `• °. 5...1.. -q 7 1 s 1 9 ` 400 ao 10 8 1 1 I 1 1 1 12 11 0 T92 ? 7 10 9 1 1 8 1 7 6 1 23 22 21 20 1 19 1 18 I 1 1 r 54576 PROPOSED ANNEXATION MAP Owner First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church Case: ANX2009-12017 3043 Cherry LN, 3031 Virginia Ave., 3009 Kentucky Ave., and Site: Property Size (Acre 0.86 acres 225 Bayview Ave. Sme x-o-W (Acres! 0.2 acres Land Use Zoning 16-29-16-00000-220-1700 16-29-16-05292-002-0030 PIN: From : RU (County) R2 and R3 (County) 16-29-16-05292-004-0030 16-29-16-05292-004-01 10 To: I (City) I (City) Atlas Page: 292A Item # 12 Attachment number 2 Page 1 of 1 1. Main Calvary Church Property: 110 N McMullen Booth Road i 3. Travel trailers (resort facilities) located west of the subject area 2. Example of one of the twenty-eight (28) parcels in subject area r ' Y s4 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 Item # 12 Attachment number 3 Page 1 of 1 z 0REAN ST PROJECT SITE -, - ameem? ?? I u '. >L--j ? ?mmme em nr?r C Fr?}T._? l;?r m C.;' 111 STREET 0 TEfIf-E.-,7 E from mm JLl Lj LQ]L CL 0 m LOCATION MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2009-12004 Road, Clearwater, FL 33759 Multiple lots south of main church site at 110 N. McMullen Site: Booth Road (see Parcels list on next page) Property Size 5.21 acres Acres: Land Use Zoning PIN: Parcels-see next page From : RU(City/County) LMDR(City)/R2, R3(County) To: I (City) I (City) Atlas Page: 292A Item # 12 Attachment number 4 Page 1 of 1 AERIAL PHOTOGRAPH First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2009-12004 Road, Clearwater, FL 33759 Multiple lots south of main church site at 110 N. McMullen Site: Booth Road (see Parcels list on next page) Property Size 5.21 acres Land Use Zoning From : RU(City/County) LMDR(City)/R2, R3(County) PIN: Parcels-see next page To: I (City) I (City) Atlas Page: 292A Item # 12 Attachment number 5 Page 1 of 1 RM RU a N ? Q M O rn / 2 2 : ika N N O M n o' M rn .:: ?.'.•.': O ? O M Q. ? Q O ? .•".60. ;.•, M O M U EASTWCEOD DR p '. 10 r 13 ' . . . ¦ . . . " VIMUINIA AM . . . . . _ . . . . . r . . . 0 0 ? M M M M ? ? 115 . . . . . ? . . ' O` 150 0 120 ¦ V Cpj ? I P O ` ' 130 . Z o o ' 125 .......... KENTUCKI' •: •??;' ? , :;Goof J I ? 2 RFH ?..Y •. . •. +. •. •. . . I 200 W 225 W 227 T ENNESSEE A OQO N 307 M M M M M 22- 309 300 309 FUTURE LAND USE MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2009-12004 Road, Clearwater, FL 33759 Multiple lots south of main church site at 110 N. McMullen Site: Booth Road (see Parcels list on next page) Property Size 5.21 acres Acres: Land Use Zoning PIN: Parcels-see next page From : RU(City/County) LMDR(City)/R2, R3(County) To: I (City) I (City) Atlas Page: 292A Item # 12 Attachment number 6 Page 1 of 1 I N ? M 2 2 O T T N ^ ? MDR I T D ZONING MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2009-12004 Road, Clearwater, FL 33759 Multiple lots south of main church site at 110 N. McMullen Site: Booth Road (see Parcels list on next page) Property Size 5.21 acres Acres: Land Use Zoning PIN: Parcels-see next page From : RU(City/County) LMDR(City)/R2, R3(County) To: I (City) I (City) Atlas Page: 292A Item # 12 Attachment number 7 Page 1 of 1 22/14 O Institutional - M a 33° Church z z Vacant p O fy I? 01 01 0"T MDR ? Q 10 N f0 o 22/12 " . , ) 10 ,a .... = Singmily 33 13 Resential ?- - / ? / 40 Q .. . . . . . . . . . . . . tool j o ° Of 211 Single Family ^_ a 5 Residential ourist / J ? ? Z 0 150 ?V Park _ 8 7 1 6 I Q j,? 1 I k ?. -. - 471(3) KENTUCKY AVE ° 0 201 7:::-°2od W :, .. I Institutional - ° I Social and I 1 o i::&== Church , ' Community $ ' ° 5. ::°; :• :: •.:...; o L 200! _ ; Center - I- m z . 30 I o ? o 12271 u I I 1 2251 , -:TENNESSEE.:A-V-F : 211 ao Single Family 309 1 1 I :: • `:i: :,::.::::?,:;::e:.;; 30 ao ao Residential 1 , Jog 9 3 I' I 5 I F{ .• 1 ?' q , g • 6':. 7 1 8 I g , , 224 EXISTING SURROUNDING USES MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2009-12004 Road, Clearwater, FL 33759 Site: Multiple lots south of main church site at 110 N. McMullen Booth Road (see Parcels list on next page) Property Size 5.21 acres Acres: Land Use Zoning PIN: Parcels-see next page From : RU(City/County) LMDR(City)/R2, R3(County) To: I (City) I (City) Atlas Page: 292A Item # 12 Attachment number 8 Page 1 of 9 CDB Meeting Date Case Number: Owner/Applicant Address: Agenda Item March 16, 2010 (continued from Feb. 16, 2010) LUZ2009-12004 First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church 110 N. McMullen Booth Road 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) Community Development Board -March 16, 2010 - Case LUZ2009-12004 Page 1 of 9 Item # 12 Attachment number 8 Page 2 of 9 EXISTING SURROUNDING USES: North: West: South: East First Baptist Church of Clearwater, Inc. (main site), Eddie C. Moore Park (across Drew Street from main church site) Vacant residential property (MDR zoned) and Tourist (RV Park) Single-Family Dwellings and vacant land, Commercial 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. L 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: Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 2 of 9 Item # 12 Attachment number 8 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. Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 3 of 9 Item # 12 Attachment number 8 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. Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 4 of 9 Item # 12 Attachment number 8 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. Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 5 of 9 Item # 12 Attachment number 8 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) Current Existing Proposed Net New 55% Situation Plant Plane Trips Maximum Daily Added Potential Trips N/A 195 298 103 Maximum PM Peak Hour Added Potential Trips N/A 19 28 9 Volume of Drew Street from US 19 to McMullen 20,030 20,225 20,328 103 Booth Road LOS of Drew Street between US 19 to McMullen C C C C Booth Road McMullen Booth Road (Gulf to Bay Boulevard Current Existing Proposed Net New to Main Street) 25% Situation Plant Plane Trips Maximum Daily Added Potential Trips N/A 89 136 47 Maximum PM Peak Hour Added Potential Trips N/A 8 13 5 Volume of McMullen Booth Road - Between Gulf 62,761 62,850 62,897 47 to Bay and Main Street LOS of McMullen Booth Road - Between Gulf to F F F F Bay and Main Street Gulf to Bay Boulevard (Bayshore Boulevard to Current Existing Proposed Net New US 19 20% Situation Plant Plane Trips Maximum Daily Added Potential Trips N/A 71 108 37 Maximum PM Peak Hour Added Potential Trips N/A 7 10 3 Volume of Gulf to Bay Boulevard Between 62,500 62,571 62,608 37 Bayshore Boulevard and US 19 LOS of McMullen Booth Road - Between Gulf to F F F F Bay and Main Street 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 (1) 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 CoumyMPU Year 2009LOSAnalysis 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. Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 6 of 9 Item # 12 Attachment number 8 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. Square Daily Net Increase of PM Net Increase Uses Footage/Dwelling Trips Average Peak of PM Peak Units Daily Trips Trips Trips Existing Zoning/Future Land Use Plan Existing Use Single Family Residences 39 373 N/A 29 N/A and Vacant Land Proposed Zoning/Future Land Use Plan Permitted Uses 147 515 sq. ft. 1 343 970 81 52 Religious/Civic Facilities , , 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. Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 7 of 9 Item # 12 Attachment number 8 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. Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 8 of 9 Item # 12 Attachment number 8 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 Community Development Board -March 16, 2010 -Case LUZ2009-12004 Page 9 of 9 Item # 12 Attachment number 9 Page 1 of 2 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. Item # 12 Ordinance No. 8148-10 Attachment number 9 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No.l?flr#012 Attachment number 10 Page 1 of 2 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 See attached legal description LUZ2009-12004 Land Use Category From: Residential Urban (RU) To: Institutional (1) 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. Item # 12 Ordinance No. 8151-10 Attachment number 10 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 2 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.I I012 Attachment number 11 Page 1 of 2 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 (1) 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 Item # 12 Ordinance No. 8152-10 Attachment number 11 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.lel #012 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 3/18/2010 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 683-00000-128165-000-000 191-00000-128165-000-000 Budget Adjustment: None 545,000 Annual Operating Cost: Total Cost: 545,000 to Amount Appropriation Comment 345,000 HOME 200,000 SHIP Cover Memo Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manag C#+3 FH013H 300N jMJ OIw d 64 (7 ? N aU V5 N ? 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II w _ a W o T oa 0 0 ¦ z w? - Wo vw z W m 3AV M31N,NS r m _ c a if - v a a U 2 _ ? e C7 3i9N3AV OWH91H Attachment number 4 Page 1 of 7 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". WITNES SETH, 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 Item # 13 Attachment number 4 Page 2 of 7 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 Item # 13 Attachment number 4 Page 3 of 7 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 Item # 13 Attachment number 4 Page 4 of 7 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 Item # 13 Attachment number 4 Page 5 of 7 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 Item # 13 Attachment number 4 Page 6 of 7 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. hl the presence of Witness itness STATE OF FLORIDA COUNTY OF PINELLAS Pine Berry Senior Limited Partnership, a Florida limited partnership By: DAVID PAXTON, Manager 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 Item # 13 Attachment number 4 Page 7 of 7 EXHIBIT "A" Item # 13 Attachment number 5 Page 1 of 4 CITY OF CLEARWATER PURCHASE MONEY MORTGAGE - NOTE S545,000.00 Clearwater, Florida March 19, 2010 Property Address: 1225 Highland Avenue Clearwater, FL 33755 (the "Property) Parcel L 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 & Fortv-Fifty Thousand Dollars (S545,000.00) 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". 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 lst, 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 optionby 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. Item # 13 Attachment number 5 Page 2 of 4 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 atime 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 Item # 13 Attachment number 5 Page 3 of 4 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 I 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. Item # 13 Attachment number 5 Page 4 of 4 11. If more than one parry 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 Item # 13 Attachment number 6 Page 1 of 3 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: Borrower: Pine Berry Senior Limited Partnership, Inc. a Florida limited partnership Company. 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. Purpose: To acquire vacant land for the development of an eighty-five unit senior apartments project for low-income seniors. Interest Rate: The interest rate will be three percent (3%) per annum, with a five year deferment from the closing date. 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. Loan Fund Source: Home Investment Partnership (HOME) Program and State Housing Initiatives Partnership (SHIP) Program. 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. Item # 13 Attachment number 6 Page 2 of 3 February 18, 2010 Loan Commitment Pine Berry Senior Limited Partnership, a Florida limited liability company Page 2 of 3 Eligible Tenants: The HOME assisted units must be occupied by low to moderate-income persons. 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 Director Economic Development and Housing Date Item # 13 Attachment number 6 Page 3 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: Item # 13 Attachment number 7 Page 1 of 3 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 - I - Item # 13 Attachment number 7 Page 2 of 3 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 te h Model Energy Code. -2- Item # 13 Attachment number 7 Page 3 of 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 -3 - Item # 13 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 3/18/2010 Appoint the Audit Committee: Laura Mahoney, Robin Gomez, and Clem Vericker as city staff representatives, John Doran as Councilmember representative and Herbert McLachlan as citizen representative, for five year terms in compliance with Section 218.391, Florida Statutes. (consent) 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: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None Budget Adjustment: Annual Operating Cost: Total Cost: to None Cover Memo Item # 14 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR AUDIT COMMITTEE 7 (must be Clearwater resident) Name: ?•Pl ? ?/ .? Ae?.C /P/_V Home Address: Office Address: Zip Telephone: 727-?5-`"?/yS? Telephone: Cell Phone: 7;t E-mail Address: a4-1t&!Z)a:52t?, c-a - How long a resident of Clearwater? Occupation: Cj?i Field of Education: Employer: Other Work Experience: ae'?? Community Activities: Other Interests: Board Service-(current ate: Board Preference: Additional Comments: ??a'•?0?-/`'jxo?-?1,.?,? Signed: Date:: -may/ c? Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. RECEIVED FEB 2 j 2010 0 ITICIAL RECORDS AND E 31SLATIVE SRVCS DEPT Item # 14 Financial background/experience/certifications: Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? Name: Board Name: Item # 14 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $35,000 $35,000 10/1/2009 to 10/1/2010 Budget Adjustment: None Annual Operating Cost: Total Cost: $35,000 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 Item # 15 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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: FY 10 For Fiscal Year: (Q2) to FYI 2 (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 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 16 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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: Not to Exceed: Annual Operating Cost: $180,000 Total Cost: $180,000 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0419-02090-543500-539-000- $180,000 0000 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 3/18/2010 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 Item # 18 Attachment number 1 FF?1!.,rri t{ t } C1 I. '3758-4748 Parcel No. -28 1 -CCIC('I:i -110-0300 IL WATER MAIN & UTILITIES EASEMENT FOR AND IN CONSIDERATION of the suin of One Dollar IS1. ) cash iii h if Il ,III f It, the i If_ r -'1 k%I. s hereb°', jil k 1 _ 1. ?j and the benefits to bl-, d+. f ; ;1- therefrom, tl SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA cio Real Estate and cncurrency Services 11111 South Belcher Road, Largo, Florida 33773 (herein, " rantoa ) 'a_,e,; .il?d i;f rf tI. the CITY OF CLEARWATER, FLORiQA„ a Fl r{ 11:i l,iuni ii-ld- (_. ifl)r>f'Ifiiill _'If r?rc9 ?i -, ,j if cenSeeS, ag tt; ti[11 ,,rj;°,`,.]f1• < nI under and across the ?, °ri ed land I wi.-j ai,J L6ng 6ituate it f t1-1u dolt°y ' If ail- i r (_.I l' f'f ? of Pinellas, State of Floi i;-l A strip of land 10.00 feet in width running through that certain parcel of land' identified by the Pinellas County Property Appraiser as parcel number 29-28-16- 00000-410-0300 as described in Official Records Book 4817, page 1174 of the Public Records of Pinellas County, Florida, being more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted for publl r frlaif anij .',?Ili' f>f,fl Th,' CIT'Y' OF CLEARWATER, FLORIDA, ;Tall have thI fl iht to -t't-,i oi-ll 'f11; &;sC I1j;i(I i ?'f'I tlii t'C% 5 f41,rt, iii tall and ;G?I'il? ?IfJ hiereon ?li l' ih-.,rein a sijL.-,!ii ? + j:' If 311 rid ljtl6ities, and tu repair, ditti and replaces- -st--di water main ar1d ufihrlf-:b 4:1,11l l3rantoryhereb hits ?-?Ti (,,r-ii ? that Grantor iS tl?e v>>frli.?lf? ti#I F: tti tl?l- I?'-r?'fl ij%ti f i.i',t t?rilt,rlt rrfrllSrS, f?L?f ter h?1s ft.?ll ?? ht 1t I I,I ?i-i I f I;V' to rgr:?fu _wf ti-I.` Nfi?,rtr71+ ???t t'.; sjr?lr?t rtfll? ±'la ? fcifl°? l" S},'ill I f`.? Uli:f ,?fI,I li'?''l_l ?•(i?? :li`lt' _??. =3f1L1 F fl 'f ?4'i?lt'fll t t??11J ??:frlf??f f GrI-lilti,S, _li10 ':-t`. fiw, all to th ? filt_`fliai' + i 11 Al ir's i -ile ;??-lrn9frl 'f ?tt?fn. C '1 I ')l q I [I i ;I, I..!,. l i , I.?,.. ' Ili l I - ( rilI". I' G item # 18 Attachment number 1 It is XPMSA llrlOVS ,: 1 and --,IJrcuJd thl It Cr ntl r uni(I ts,-If _ti! Bell t_, of ?r f?,C r IIIE the easeme , pry,-nrs: r1i-,,t the i-,abe ent f qh-, X1 '9 + { r'"'?rir Tl : nwµliam herein gray t =1 the {_y+'t'nants atV ft off ifofl r'?=1 h 6mpop( „`I'll assu t;llt; IE.`t{Intknand f nn iifnj ,J',fhl ,=1+' lava KNOW ',,her- iriI'rci riate t, Ii. lI "il Gra I K '.. ]rokieoy and t_w t.l{;i'I?Sflt tf l: 6rL-j' Itr.e ' ache t1a-C{?1, hnv aw t 4 i;;(yphnii j i'.•t' owctl wo of tht ' I1'.It I ` t,i Au-ft1 in an piuo m'I tt:i_'r:'i?f. `til 'all hC t?'r1Ell'1:9 iiy' ft F?'t'`Illti [+rr.i,?;I w, U (I11slJ!fl1?[I, of thi6 t jJ't 'r Env n" a t, aR It =a0 wISN I. On rn ant It ?rf f I ik-j n E 'iiII'-, }I. :II IN WITNESS WHEREOF, th•;= t??r?trt?;i f > ; tII qe Inc ai ll? C ?.x cuted iS_ I Illjp? b i und'nI, nd iddv n0 P q a J Me th s M`; f - C t. III 1fhf? 50 l'srI"i L ;I allfr.l'1 SCHOOL BOARD OF PINELLA COUNTS, FLOUODA. a 19_i.t t R. Clark, Ch, III n ?,J le lt,i J rI'7tion, P+. D ul STATE OF FLORIDA : SS COUNTY OF PINELLAS Approved a to forty an ,-1 `< < slit 1 Itrlf 0111; ?I1-fr,,?rr;''rli d'J 5 wkJto.1dig _1 Lo it E-' 1n 1>'y` ?i:?ll f F' C I11 K C h itlwrt. )II f 111 9 I ? ? 9 1; l_:(It?[ t al_I 'I_1tt (,1 CJ, „'e-ute tht fors' gu"n1_t {in III '{ K it I'. m`i a', .: tl ltl?, 1I t. he act and for the a :illy [ 111???` ? III S0 `VIrfi'i . 01 Ir?i{ n:flbt i r l - J p-, Item # 18 --- Attachment number 1 Paqe 3 of 4 i Attachment number 1 Page 4 of 4 i I I i i i t' b Item # 18 Attachment number 2 Page 1 Of 1 ov"? CEDAR RUN CT MEADOW OAK DR 0 3 Z? ? o w o - JP ? 2 J J Q, O O (wj ? O? a ow Y ?R- v o LONG VIEW DR P ? 0 KENILWICK DR WILDWOOD DR, O U 2 W14DWOOD 0 0 ??P o? 3 = C) W DR BRYOAWR CIR 3 Q o i o MAYFAIR CT SR 580 CASCADE DR x w ? ? o ¢ o Y cwi i g o z 4 ?-, ?) g HAVERFORD DR - o u ? I x e ? C U Ow L a co HAVERHILL DR DIAMOND HEAD DR EASEMENT LOCATION fgATHERWOOD CT ANDERSON DR OXBOW CT A 3 0 9y2o o u DEER RUN z ? O,p 3 -_ COTTONWOOD CT ANDERSON CT - SANDHOLLOW CT 3 3 _ 0 3 PO h Y 3 i o ? r SWEETGUM WAY U O _ O _ (7 O O ?gRRF CT ENTERPRISE RD c g ®. Z ¢ GLOR)F ct i w . - - c, PARKCR?K DR w m A ( ? z o LEILA B DAVIS ELEMENTARY SCHOOL Legend N Cl . Parcel Boundary earwater WATER MAIN EASEMENT Bldg Footprint Clearwater Service Area W E Prepared by: Engineering Department Outside CLWTR City limits Ite # 1& Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: EB Date: 6/24/2009 Grid #: 222B S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyC learwater. coin City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 3/18/2010 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 Harr 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 Comments: Budget Adjustment: None 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 Cover Memo Appropriation Code Amount Appropriation Comment Item # 19 0315-92259-563700-541-000- $1,373,256.70 0000 0315-96124-563700-541-000- $6534 0000 07- Bid Required?: Yes Bid Number: 0038- EN Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 15 BOND NLMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PT ELLAS '(. _ INC. O ALL Elm BY TFFSE PF S HITS That -ve R. A. E CA ATI Conti .ctor and THE NANO VF R IN 1-1 D R? N` C `CON l PAN Y^ Surety) whose h.onrac .n : css is 440 TST' ET.V,`n "-T. 01653. RnI AF"T- R CALLED THE "Surety", are held and i-Imily bound into the City of Cle-i- water, Florida l c .,..:. er called the "C7wncr'") in tl-. c penal sum of. ONE M ILL107 - THREE 'C1_ T U ' :E- -T1 T.EE THOS € A,1ND T'A' HUNDRED F'T .x'-51:, DOLLARS- AND SEVENTY .rLS ($1,393,256.70) for the payment of which we bind -u selves,, -aur heirs, executors, adrr'nistrators, successors, and assigns for the faithful performance of cert:zir ? ritten contract, dated the " day of 2010, entered into betwe ri tll c? Con tractor and the City of Clearwater for. MORNINGSID TRAFFIC CAL'MI C PROJECT (07-0038-ENI) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS O THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respecrs comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract docuri-cents (NN+ ch include the advertisement for Bids, Form of Proposal, Form, of C9ontn :ct, Form of Surety Bond, istructions to Bidders, General. Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alteratious ,s r:: ay be made in said Plans and Specifications as therein provided for, and shall indemnifv and say c ' > l the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or perfonrtance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly mare Y raents to all persons supply4ng him, there or it, labor, material, and supplies used directly or inclircctlyby said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in tho p:-,) ?ccution of tyre work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on `he completion of the Contract, and that which the Owner may be obliged to pay for the completion cii sa:d work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, beep and execute all the provisions of said contract. Item # 19 Page t Attachment number 1 Page 2 of 15 CO TT:A CT ITT } And the ;.tid Contractor and Surety h,:rcby bind themselves, their successors, execw.ors, administr?.-s,?s and assigns, jointly and ,cwcrJl y, that they will amply and fully protect thy: said Owner a,=ainst and will pay any and all amounts, damages, casts and judgments which may he recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any Tian, `des arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said. Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done.,; as aforesaid, or oti,? ise. And the said Contractor and 'surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN I F,.`;TI ON WHEREOF, witness the hands and seals of the parties hereto this day of 010 R. A. 7,I, 1EXCAVATING, I C a CONTIR-XCTOR ATTEST: FITNESS: COUNTERSIGNED: By SURETY By: ATTORNEY-IN-FACT Item # 19 Page 2 Attachment number 1 Page 3 of 15 CflNT 1tACT This CONTRACT made and entered into this ._..... u. u play of .._ ? 2010 by and between the City of Clca °atcr, Florida, a municipal corporation, hereinafter designated as the "City". and R. A. M. I AN ViC. of the City of PALM HAR30IR County of ll?9 ?1]? i:.S and State of FLORIDA herei.n __er designated as the "Contractor 'I'TNESSET : That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agee as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consid:.mto1i of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their oN,,,n cost and expense perform all. labor, furnish all materials, tools and equipment for the following: ORNIN SID TRAFFIC CALMUkiG PROJECT (07-0038-EN) FOR THE SU.- i OF ONE MILLIONTH REE HUNDRED E,'ET - l R EL TECUSAND TWO HUNDRED F IFT - SIX DOLLA S AND SEVENTY CENTS ($1,393,256..70) In accordance with such proposal and technical supplemental specifications and such u'her vial provisions and cl i iigs, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be her: in referred to, are hereby made a part of this contract., and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workm Mike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work. to be performed b the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf" and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance wit1i the provisions as contained herein. Item # 19 1°'a(,e 3 Attachment number 1 Page 4 of 15 CONTRACT (2) In addition to the foregoing provisions, the Contractor to conform to the following requirements. In connection with r} performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for en-iployinent because of ra sca r :i 7t n, color, or national origin. The aforesaid provision shall iT1:6! ode, but not be limited to, the following: employment, u j n demotion, or transfer; rec.ruii_nent or recruitment advertising; layoff or tet_i_ination; ra,es of pay or ether forms of coi i-cn a'ion and selection for training, including - 1, 1 r. ceship. The Contractor agrees to post herea "'. °r in conspicuous places, available for employees or :.jjplicants for empl-, n-nt, notices to be provided by the contracting officer setting forth the provisions of the non-disci` n' uation clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials, it is mutually ?: -geed between the parties hereto that time is of the essence of this contract, and in the event that the -ork to be performed by the Contractor is not completed within the time stipulated lr n it is then further agreed that t1 , --ity may deduct from such sums or compensation as may be due to the Contractor tl e "_i1 of $1,000.00 per day for each day that the work to be performed by the Contractor remains inc;orr-[)Ictc beyond the tune limit specified herein, which sure of 1,00 .0D per AE shall only and solely- rcpresent daniaecs, which -Tic City has sustained by reason of the fai'„v c of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be co.is°:med as liquidated damages for failure of the Contractor to complete and perform all work within t!:, `:d nc period as specified in this contract, It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful perfonnance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the teens hereof shall be completed and furnished to the City in a form satisfactory to it. Item # 19 Page 4 Attachment number 1 Page 5 of 15 CONTRACT (3) I WITNESS ?9FR OFF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY O CI_, A WATER IN PI LLA COUNTY, FLORIDA B William B. Horne, II City Manager Attest: Countersigned: Cy tithi a E. Goudeau, City Clerk By =.. __ ......_? Approved as to forrn Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (G-Iltractor must indicate whether Corporation, P.?_ i.le_ ship, Company or Individual.) (Contractor) (Seal) By: (SEAL) (Tlie person signing shall, in his own } f:jid citing, sign the Principal's name, his own and his title; where the person is signing fo: a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Item # 19 Page 5 Attachment number 1 Page 6 of 15 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION T, 0"D STATE OF FLORIDA CO a OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after bei,,,t4? oily sworn, deposes and says: That he is the ZX:A` " TTY' MC n Florida Corporation, with its principal place of bt-sir HAMMOCI D RIVZ, " ?`?i,M HARBOR, ],FLORIDA (herei.n, the "Contractor"). (TITLE) of R. A. -V ,css located ar 1749 That the Contractor was the general contractor under a contract executed on the day of , 2010, with the CITY O C LEA .A ATE , FLORIDA, a municipal corporation, as Owner, and that the Contractor was to p rforrn the construction of. IVIORNI GS D TRAFFIC CALMING PROSECT (07-0038-EN, That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of ;,! Full A aunt af ,7g nth" m& ) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all ansir,: under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me .A. M. k X,-t.STING. INC. AFFI T This day of , 2010 BY NOTARY PUBLIC My Commission Expires: PP MDENT Item # 19 Page 6 Attachment number 1 Page 7 of 15 PROPOSAL BOND tint to be 1511ed out if'a cc lifred check is stahmtltcul) KNOWN ALI, IENN E. THESE PRESENTS: Thal vve, t.lae iflht?'fwcc , I1Clll lPSl. ? .._.. S:- Han QV .fn-_I?u aC7Ge_ is S? ir~erv, E?lsr,'s t?t4cltc, is X40 _LjnQO TL_Ztjze - tom, ___ lvarceste P7as:actLSetts J1653 aa? held bm ",d a to the C'ity, ? C'lt.a ate-~, l?ie rlda. in tllw state cif Do) I tc } t1 4srtt :t tIli atiIn tan: 0 l 10'a o f C c7tttr.acto i crt:al h i,i n ,w w tW. Ile tnvnac.nt of kvlticl ? cll Ind tart )` to be 111°tcle, Nve lia-t-eby .jcirttl? and :.:vcmllv >, ::t1 eat-, IF heir=. a<XCTta or-, s`tdministrai nz. SAWCes%ars and as zignI;. T-x.. Condition (if Ole allm e ohh,gadon is 5e clt that if 01c: altiached Prnpo" it of ? . M. r:,:cavatingr Inc. as Pnnc pal, mid The- FHanotrer ?n? ara?cr `"`or?r ? Esc S.)-ety, for ,vork specitied tits: NTornirrgside Traffic Ca I aiiii- Proiect 0 trtf-,?-E tsil as ::tiflOntcd in Said Proposal, by doll g tli work- Mcidewal t' eroto. it) acart=-dancc ,vid-j Vic p°ans :inn ,zpecific.afion.s provided h rc(i-?r, till wi,, tin P ineliras C-ttinty. is accepted and 0%, con(lact ,a%var€';ed to tlao a°?nvc; ntrancd hitlcler, and the strict bicldei- 4lttall , i ' try:) da.,, al`tcr etoli c rawnrd enter into ti tOTItriact„ is writing, and fitrttislr the required Fer?omanoc Bond ?xlth starcgv car surotics to b ,ippr; ve(l be` tlrc C'0v Manager, this (61i€Mtadon slurll be voi 1. c lh(nvise the :,.rata: shall h in fitll farce and ,`roue by lave and the full --mount of this Proposal Band will be paid to the City as stia alttted or ligt6dated damages, Sigttexd this 28th clay of January _12010 (P-nncip°tl roust irttlicatc wlrke tlter calvrttic,n, partnership. company or fndiv'ld,,i ii P't•it ciP.tl _ ?.... 1111 pm son sigting shall. in his tr,wn h anciwritint , sign the Principal's ramie. 11 i°, own ninac: an hi4 title 1"W the peon siping For as coiporctierar most, lair aafi tlcivit. s} oxv his authoriiv to bin(I tltc: c orponition, THE HANOVER asrc ty _ By ?..7 ay 7 o Woos t GYr?c ;F-ir. Fact and F_ L i __ F_-(lei-it. Agent (239) 271-8226 Item # 19 Attachment number 1 Page 8 of 15 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POKE RS OF ATTORNEY -ERTIFIED COPY KNOW ALL. MEN BY TH7"P PRESENT : That THE HANOV R INSURANCE COMPANY and MASSACHUS T i 5 SAY INSURANCE CX,'7A',lY, both being corporatio-s c gan^ze? and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE OMFANY OF AMERICA, a corporation c.°ganized- and existing under the laws or the State of Michigan, do hereby constitute and appoint Robert Trobec, Kathleen M. Irefan, Jeffrey A, Chandler, Ian J. Donald, Jay E. Woody, Wendy L. Hingson, S.P. Humench ck andfor Dawn M. Onzo of Fort Dyers, FL and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on 1s behalf, and as its act and deed an_ place within the United States, or, If the following line be filled in, only within the area therein designated any and all bonds, ree?^ -?ncFS, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such oblfgatiorlF in -ie United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and : a r companles 'atlfy and confirm aid and whatsoever said Attorneys)-in-fast may lawfully do In the prerrises by virtue of ise presents. Thes_ n7^^intmer-s r:-s F £, de under and by authority of ;he foilowving Resolution passed by the Board of Direc',ors of said Compan,'es y:vhich re5, iI i`o-s a-e sti in of ect: 7F:_CWl F) T`i. tie President cf any Vice PresiJent, in ccn'unctivn with any Assstant V:ce President, be and thr are hereby authorized and e7r-':D en--.f to a, , 'r, Attorneys•in-{act of the Con-)any, in its name and as its acts, to excoL'-, and acknowledge fe- and ,s ehalf as Surety any and all bonds ,r _a" e3, contracts of indemn ty, we,,.,er, of citation and all othervrritinys oh"j,?tory in the nature th ie f, F' ver to attach th ret , the seal of the r_, :rid ,_ny. Any such writings so executed by such At`orneys-in-[,?-', s} ail be aS t:rd rr, upon the C:7r:-F] qt ',s :hey had been Ji-l , u e and ac,r :I .dg-J r the regularly elected officers of the Company in thei- ov,i Pmpe, Ler,?°rs," [Adopted 0-:`.ch -r ?, r-131 - TI-e Hanover I! :-,rani-!? Ccmoany, Adopted April 14, 19B2 - Massachusetts Bay Insurance Company Air :',elr r Sber 7, 2001 - Cd r-n_ ' !_uranoe C,"pany o` Ame r-r IN VATNESS 1NHEREOF, THE HANOVER INSURANCE COMPAN`;, ;t' ` SSA- HUSETTS BAY 'JS°URA.NCE COMPANY ind CITIZENS INSURANCE COMPANY OF AMERICA 'Save caused these presents to be sealed wi{) their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 23rd day of November 2003. e: Ix r y? f11L l THE HANOVE7 INSURANCM CCIMPANY MASSACHUSETTS BAY lN5URANCE .=MPANY C1T1ZFl 5 Cr S'JRANCE Ch 1 aN_Y OF AMERICA 1 r Mary Joanne ,`o 1 i i! F r l Robert IN 11-rrnrr ri, di-}t Vise 'i ,r; THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 23rd day of November 2008, before me cause the above named Vice President and Assistant Vice President of Tne Hanover Insurance Company, Massachusetts Bay lnsurarce Company and Citizens Insurance Ccmpany of America, to r:-re personally krawn to be the nd:viduals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens insurance Company of America, respectively, and tha the said corporate sews and their signatures as officers were duly affixed and subscribed to -:-.id instrument by the authority and direction of said Corporations. T? ?? cI "' ??U+"? C .r•.? 3 ?`J_•" w ? ,rte f I• ` My ccm-mission expires on Ncvo-nber . 2011 I, the undersigned Assistant Vice President of The Hanover Ins i ice Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify t11at the above and foregoing is a furl true and correct copy of the Original Power of Attorney issued ay said Companies, and do hereby further certify that the said Powers of Attorney are s0l in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of D'€rectnrs of The Hanover insurance Company, Massachusetts Say Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powe•s of Atorney and -.ertificatlon in r q _r thereto, granted and executed by the Presodent or any Vice Presidert in conjunction with any Assistant Vice President of tti ? Cc,m- ary shall be bir rinc on the Company to the same extent as if all signatures thereir were manually affixed, even though one or more of any such s]gr-,fuser, thereon rrrtj be facsirwi'le." ?;Adopted October 7 1,881 - The Hanover Insurance Company; Adopted Aril 14, 7562 Massachusetts Bay Insurance Company, Adapted September', 2001 . Citizens Insurance Cor-ipany of America) GIVEN under`my hand and the seals of said Companies, at. Worcester, Massachusetts, this 28th day of Januctr 20.0 T1IF H HOVER INSURANCE CO.44.'AtiY tv1t` hiL1SETTS BAY N-S-fR;,NCE COMPiaN'Y ITi?EfSlNSIJ4NCC CrIMPA.OF,?ER' A j' r ii,r r Item # 19 Attachment number 1 Page 9 of 15 PROPOSAL ill `l` I'ME CITE' OF CL ..CtNVA TEI, FLORIDA, for- i*3?O.L NIN GS ME N EY."r.,. H.BORHOOD i ;di A' ? 'CA LN1 I'VG Wi..'0.#Y Cf 070S178'"':i.:F:.\ f and Coin -r cri{°1 fl-' l . - tlti t' f. µ IN E',, ry bidder n ust take notice of the fact that e\,- -Fr dtough leis proposal be acre. td the documents si.;ncd by the bidder to wliom an award is niade 'rnd by those officials authoriz d t-, do so on behgJf of tlt." City of'C'1• ilex, Florida, that no such award or signing shall be con,,,i&FLr f ri big dii cozltraut widlout a cccEi cxtc fion? il, . l ?-nc Director that funds are available tc,, - Oil, -t , Ole w0ek to be done, or wNiout the approva d of the City Attorney as to the form and lcgalilly of the contract and all Lhe peitittem r laluntt thereto l°. t rind been approved by said C'it1 Attorney: and such..., bidder is hereby cliur&ed with this notice. Tl signer- of the Proposal, as bidder, also declares that the only person, persr ns• collip-,my or ardes in this Proposal, are nwned in this Proposal, that lie has c_tr-c'U11v ca.aminc-d til A ivertisemerit, Ittstructio to Bidders. Contract Specifications, flans, uppl „- , Gciier tl Conditions, Special Provisions, acid Contract Bond. that lzc or his represeii tfive ll is rxrati is ilttiresti atic„ as :s necessai-V to deterunitte the cltaract t and cxtolit of the work and tae propose s and arlr ? that ?•P?_ 1-1d h P ,,? ltc Will ? ;,.. tltc Citvoll'Cl eater, P1? th of contract rcreto annexed, to pjrovidv the necessa -y labor, materials, machinery, equipment, tools, or ar7 ? rat-rs, do al.l the weak required to cort-tplete the contract within the time mentioned in the Ccttcral C:1ditions and a.c rding to tl _ requirements of the City, of Cleanvater, Florida, as licrein and he: c nafter set font t, and 1bn,iis17 the tecltrired surety bonds ibr the following prices to wit: Item # 19 ti.? sint>ieicS stwrCV Page!I3of14 9.` 4:2008 Attachment number 1 Page 10 of 15 PRO.PO AL If the fore-going Proposal shall be accepted by the City ol`Cl,_-ar\ ater, FIc)rida. and the undersi r d shall fail to execute a satisfactory conlract as stated In the ,Ad,,--rti4c:ncnt Ir rin att clrcd, tlac:n t.lre City may, at its option d o .: 11 the undersigied. has. abando.nod ll:e. c. NT-a. t, and thereupon this P aposal all he null and VO-d, aracl die ce:rtif ed clack or band ac:co- I IEI i :-1?1 :1r Proposal. shall 1-2 fdri ,i ;e to IaecOlne the propci-tyt Of die City of c rid tiro 1?r 1 arrrotlrrt ofslit" retained by the Cinr, or if die Proposal Bornd be given. the Rd' i :<Irrrll k?e }ai 1 to the Cityr as stipulated or liquidated damages; other visc die bored or certilied chick icconrpariNing this P r -p asal, or tlrc amount of said check, shall be 1 C'LII-Tied to the enders -ned as spy cificd herein. :' ula _t?ed hereto is a bond or certified check on ?±'44"jU e-6 Ccc? Bank, for the sung of-O,' (being a lrlitrirnu", of 10% of Contractor's total laid amount). 71c full rani tact residences ofalI personas and parties interested in flee forcp oitr laic! are its follows: (If cor})oration. give the names and addresses of tlae President and Secretary. If firma or partnerslripy the names and addresscs of the tnembet-s or partners. 1-he Bidder shall list not only Iris name but also the name of any p-rson Nvith whore bidder has any type of a, `reenient whereby such person's improvements, enrichment, emplayvent or possible benefit, whether sub-contractor, materialinan, a o.it. supplier, or employer is contingent upon the award ofthe contract to the bidder). NAMES: ADDIU LAS: i ` atuse ofBiddc:n Olio bidder must indicate wiletlic, 1'art?aerslrip. Cc1nlp?ztry or Individual), . Item # 19 Mor^ iF1 gisi e section on r'.age t of 14 (1tJ. Attachment number 1 Page 11 of 15 PROPOSAL (3) The Pel-son sioxii_rtg shall, in his own handw,7 tin , sign the Piincipa''s name, his own name wid his tide. Where the persoil sift. t? for a corporation is other t1hu the PrOsic' _jt or Vicc-Pr dent, he must, by affidava.. slow liis aatl ority, to bind the corporation, By: IQ I- Title: Business Address ol'Bidder: _57 Citv wid State: I" 8ALLLHe4M9(Z Zip Code (q Dated Est _ _r/ M this day of `J Ar..??a A.L. 20 10, Item # 19 Attachment number 1 Page 12 of 15 C I T 1' .) T CI., EARWAT ER ADDE.NDUM SHEET I} f ck-tiowledpient is hercby made of the dollowing ad-Benda receiveJ since issuance (if Plans,-rmd } pee. ficatioas. Addendum No. _ Date: ? 0 Addendum No. 3- Date: Addendum No, Date: t Addendum No. Date: Addendum No, ,. bate: Addendum No. Dt2'.c: M...._.?.. Addendum No, Date: Addendum No. Date: Addendum No. # J Date: Addendum No. Date: I (Name ofBiCIder) (Signature of Officer) ! A (Tale of Officer) 10 Item # 19 ?slntrt i iii SE itc t\' Page !Y (if [4 "t,2 •1`2ICI Attachment number 1 Page 13 of 15 J rj; l ?,?' it il.V i i i 1 kCP iLJ 144TIDi,;/DE1V1OBlLI TION LS 1 1 L=i C.s? jT?C7? LS 1 C,..'LFE hlr F,`W_ji i+l' C -'Ocl 1-11 -ling AE,-J,fi_ y removal J• cl, fE cu &-n oval c ca,-ici c.ri b ?? gutter removal ? L 10 657 < _ -- -- :: I CJ[ 3[" ?E, S`:CL:CI1!'"P Frei i-,s`wal 13 BulLheac HA 14 Pavemer': removal SY 11 07L? 1 Tree ren-'oval .. 1 Mailbox ; Ela -' 71 roa&,ray CY 3,917 tl CY 452 UrsJlaL . . .. ..._ 444 _ - --- - - ^ .- ._ . w. , 2-i P.;=;Ttting 30i[ u40k'i[ll, rrladja:l .. . CY , 1 lC°9 71 12" Type B stabilizatior SY %r $' CrLf LGd C 1 urk ".:e ba SY 9,445 24 ? 6" cru?ned c ill ete base _ SY - _ ?-, }=V.vn 3?]e r'!li, ! .:r CY , G,. r " t G Ue'_e _a r'"urnent F r 54D - mac, avE rE'?C rt (Type S°1) , TN 9 i _.. r . F CI Ir Ei-izk _-t SF { G r.cra rt veR,^.' E+ 6Y 413 . r Ccouci at. sAeW21k, SY 507 3 ?orc_!side,,orelk ramp SY 449 L _ 'Ce q} `?YL:?rning Strip SF 891 SF 59 ri 'G c, section " 1 i i ry? urb gotten Type 1 _ LF ^ J51 Header curb LF 3 Straight C Urb LF 5,707 4 Straight curb A or S} LF 1 41 Con cretc 4}rCCara LF '102 ?. 'Talley gL ".tvr LF 208 . ... Z3 F'??0Tckgutter, ?? er, type RA .._- LF 688 ' Lon rtc CY LS - PVC L, nct ?ru, r,. t - LF 100 .. 1 1115"' RCP d .-- ... _ LF _. . F 123 i .. .?.. _ ..„. 18" RCP I __.. .._.. __ .... _ _._. __. ....,.. ._ ...,.. _.. L.w... _ ,.. 511 _ ..- ..,.,,. _._. ...- Item # 19 MCI I- -vosfEstimateFINALO1251g,>!s Paue 1 of 3 Attachment number 1 Page 14 of 15 Ju j. ? -, LF ?s Y -r,„ LF Fa 51 21, -CP LF 37 '1 r3- DIP LF ' ''1`' 33 - c ic`: 1 si r pips EA F- EA 8 - FD',, lr, P- _ - 57 e 1 ?l 11e, j-3 EA EA J-4 EA hr? -rT ,{? ;^e a-9 EA -, vT ,-, EA 1 C-2 FD i 3{i`a.1'as'e Top Type _( EA 1 pipe rep1ac.til,...en,' _ LF 20 - FA 5 ;'2 1qG E11'lJle Cover _ A ? l box F, !.. 5 lei' f mreker ; , -` A -71 Fe ,, ,rua Dgg} i Fole EA 1 R _ EA 1 73 Re lp21lolul EA 74 l . ? `.' Syr erl is c" --._----- M.M. .. 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When these formulas are recalculated in earlier versions of Excel without opening the linked workbooks, characters beyond the 255-character limit cannot be returned. 'Sheet1'!5:77 Item # 19 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 20 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lesseesP?Pd1 of 2 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 y its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and `C maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and ro communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or z 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: y 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 0 z 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 -?l 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 4 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. w .? w 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 docmnent prepared by R. Alexander Glenn Return to Progress Energy Florida, Inc. 3300 Exchange Place Lake Mary, Florida 32746 Item # 20 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 easenmhment number 1 Page 2 of 2 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 ofthe 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: Frank V. Hibbard, Mayor STATE OF FLORIDA : ss COUNTY OF PINELLAS : CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk 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. Notary Public Type/Print Name STATE OF FLORIDA : ss COUNTY OF PINELLAS : My commission expires: BEFORE ME, the undersigned, personally appeared William B. Horne, 11, 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. Notary Public Type/Print Name My commission expires: Rev 10/08 Item # 20 Attachment number 2 Page 1 Of 1 .............„.„.. TURNER ST .._. Q ) w w > w w) > of F z <1 z ?£ r Q Z ? w K ? fit ....... ... .... w co to H s f „„... ww .! r GULF-TO-BAY BLVD I - ..f E _. ..._- -_w e .P wwvw. w t Q Q Q J F t E a t , MMMM..._____...MMMM., TURNER ST TURNER ST s EASEMENT LOCATION L Q MARION ST k Z w 0 CL z c? z J Y 'IC w Y Q J DRUID RD WAY RACHEL CT DR ;JACOB CT w z ti L" KEYSTONE CT . ? w ANDSTONE CT # a 0 Clearwater U Prepared by: Engineering Department Geographic Technology Division Progress Energy Easement at Spencer Pond Legend Q Parcel Boundary Bldg Footprint Waterbodies Outside CLWTR City limits • • •? Clearwater Service Area Ite ".' N W E m # 2? 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: JHH Reviewed By: EB Date: 2/17/2010 Grid #: 297B S-T-R: XX-XXs-XXe Scale: N.T.S. Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Comments: Current Year Cost: $25,550.00 Not to Exceed: $25,550.00 For Fiscal Year: 2009 to 2010 Appropriation Code Amount 0327-96202-561300-535-000- $25,550.00 0000 Budget Adjustment: None Annual Operating Cost: Total Cost: $25,550.00 Appropriation Comment see summary section Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Mana er 7) Clerk Item # 2? Attachment number 1 Page 1 of 4 CITE' OF CLEARWATER PUBLIC WORKS ADMINISTR kTION Jones Edmunds and Associates, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM Date: December 23, 2009 Project Number: 03720-033-02 City Project Number: 409-0028-UT 1. PROJECT TITLE: Supplemental Work Order for Additional Services Additional Evaluation and Design Services for the Screw Pump Replacement Project at the Mat-shall Street Advanced Pollution Control Facility (4PCF). 2. BACKGROUND: 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. Additional sampling (by PSI) authorized by the City mischaracterized the presence of groundwater and soil contamination. A review meeting with the City was held to discuss the results and develop a plan. Based on the result of the review meeting, the City enviroinnental group assumed responsibility for reporting to FDEP and conducting further site investigation on the suspect reporting by PSI. Jones Edmunds evaluated the hydraulic issues associated with the clarifier effluent pipe based on comments from the City at the project kick-off meeting that this pipe would overflow at times at some of its junction manholes. To solve the hydraulic issues, Jones Edmunds recommended adding an additional 36" pipe to the proposed wetwell and also raising the problem manhole elevations. The manholes were originally designed as pressure manholes but some of the lids have missing bolts, therefore allowing the system to overflow when the hydraulic grade line exceeded the mardiole top elevation. The City also requested Jones Edmunds to reconsider Option 3 from the Screw Pump Evaluation Report prepared by Jones Edmunds (2008): Replace screw pumps with new submersible pumps in existing idle reclaimed water wetwell. 3. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. (Jones Edmunds) is pleased to provide the City of Clearwater with this proposal for the additional evaluation and design services for the Screw Pump Replacement Project. Jones Edmunds scope of services for these services includes the following: Task 1. Evaluation and Design to Reuse Existing Reclaimed Wetwell as New Filter Feed Pump Station Jones Edmunds will evaluate the feasibility and design the conversion of the existing reclaimed wetwell into the new filter feed pump station Item # 21 Attachment number 1 Page 2 of 4 For this alternative, Jones Edmunds Will: a. Evaluate the hydraulics requirements. b.Design new discharge header to feed the filter feed channel. c.Conduct geotechnical investigation along the route of the clarifier effluent pipeline. It is estimated that one (1) soil boring will be needed. d. Design conversion of wettivell to new filter feed pump station and reroute clarifier effluent pipe. e. Provide demolition plans of existing filter feed pump station. f. Provide electrical design to relocate existing filter feed pumps. g. Prepare preliminary cost estimate. h. The City will provide the electronic, as-built drawings of the wetwell. 'T'ask 2. Review Meeti with City Jones Edmunds will meet with the City to review the findings in Task 1 and to confirm continuing design of this option. Task 3. Prepare Plans and Specifications Based on the result of review meeting, Jones Edmunds will a. Prepare 50% plans and specifications for the existing wet well alternative. b. Prepare 50% engineer opinion of cost. C. Submit the 50% plans and specifications to the City for review. d. Based on the City's comments, prepare 100% plans and specifications. e. Prepare 100% engineer opinion of cost. f. Submit 100% plans and specifications to the City for review. g. Based on the City's comments, prepare bid documents. Task 4. Costs Incurred for the Review and Recommendations of Soil and Water Contamination For this task, Jones Edmunds reviewed contamination report data and evaluated available options to address the contamination issues. Jones Edmunds also coordinated and attended a review meeting with the City to review enviromnental concerns and discuss available options to proceed with the work. Task 5. Costs Incurred for the Hydraulic Evaluation of the Clarifier Influent Pipe For this task, Jones Edmunds reviewed existing plans, conducted field visits, and calculated the hydraulic profile for the 48" clarifier effluent pipe. Jones Edmunds discovered several of the pressure manholes in disrepair and that these manholes would need to be repaired or raised due to the calculated hydraulic conditions that would exist after expansion of the existing filter feed pump station. Item # 21 Attachment number 1 Page 3 of 4 4. PROJECT GOALS: The goal of the work is to provide evaluation and design services for the additional work requested by the City. 5. BUDGET: This fee includes all labor and expenses anticipated to be incurred by Jones Edmunds & Associates, Inc. for the proposed work, on a lump sum basis, is $25,550. Detail of the proposed cost in shown in Attachment A. 6. SCHEDULE: This additional work will be complete four weeks after notice to proceed. 7. STAFF ASSIGNMENT (Consultant): Jones Edmunds Key Staff: Thomas Friedrich, P.E. Jack Drwiega, P.E. Anand Mody, P.E. Claus Schirk Client Service Manager Project Manager Project Engineer Construction Administrator 8. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Jack Drwiega, P.E., with copies to Tom Friedrich, P.E., Client Service Manager. All City project correspondence shall be directed to Kelly O'Brien, with copies to Nan Bennett, P.E., Assistant Director of Public Utilities. 9. INVOICING/FUNDING PROCED URES: Invoices are to be mailed to the City of Clearwater, Attention: Veronica Josef, Senior Staff Assistant, Engineering Department, P.O. Box 4748, Clearwater, FI, 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0327-96202561300-535-000-0000 (j1c, 1.151110) PREPARED ICY: Stanley F. Ferreira, P.E. Chief Operating Officer Jones Edmunds & Associates, Inc. Date APPROVED BY Michael D. Quillen, P.L. City Engineer City of Clearwater Date Item # 21 Attachment number 1 Page 4 of 4 ATTACHMENT A CITE' OF CLEF RWATER Supplemental Work Order for Additional Services - Additional Evaluation and Desicvn Services for the Screw Pump Replacement Project at the Marshall Street Advanced Pollution Control Facility (APCF) PROJECT BU GET Jones Edmunds Task Des ?on Total Evaluation and Design to Reuse Existing 3,750 Reclaimed Wetwell as New Filter Feed Pump Station 1 Subconsultants: -Electrical $ 1,650 -Geotechnical $ 2,200 2. Review Fleeting with City $ 1,130 3. Prepare Plans and Specifications 4,180 Costs Incurred for the Review and Recommendations of Soil and water 4. Contamination $ 1,580 Costs Incurred for the Hydraulic Evaluation of 5. the Clarifier Influent Pipe $ 6,060 Subtotal S 20,550 6. Contingency 5,000 Total S 25,550 Item # 21 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $111,595.06 $111,595.06 2009 to 2010 Budget Adjustment: No Annual Operating Cost: Total Cost: $111,595.06 Appropriation Code 0315-96158-561200-539-000- 0000 Amount $111,595.06 Appropriation Comment 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)&V'r NWger 7) Clerk Item # 22 Attachment number 1 Page 1 of 11 4 UTNE1 NT Date: 6, 2010 PBS&.1 Proj :ct Nt.arnber: 100013191 City Project Number: "11,-005 1 -EN 1. ER ZLC ! °I TT' V- 'lherwood and FDL'P ERP and Solid Waste Permit Nlodifla•4atlons 2. SCOPE OF WORK: The t'611owin pt,: -jssioraal services are to be ,,:Erfornied for Sherv,ood Yard at 1040 N. Arcturas A% enue, C"le r v (, 1 '-> , F'irrell as County, F°lo : _1-- , The City of Clean titer Engineering Depar'a.rent (City) has req.aested PBS&J (Consultant) to obt<[ : l,c Florida Department of Eriviror:1,,.c:at,1.1 Protection (PDLP) Environmental Resources Permit (ERP) for the improvements of tLic _.crstin ; stormwate,, , ar ag meat systern to provide storimhate:r runoff treatment and attel.ua , -i .rr the existing Puir1 - Service Complex and the proposed improvements included in this pro> L' t. The revisions of the existing st:orrmvater S W' terra to accommodate the proposed improvements are based on the previously approved Master- Plan S'V4'FWMD permit 44088:10.005 This portion of the scope of . r fricludes -rofcs ic,nal engineering services for the follmvin tasks. 1.0 Permitting Services (FDEP ERP Permitting Effort) The Consultant shall review comments to the. ERP application package subaaaitted on J u!y 24, 200(-) per the RBI letter from FDEP dated August 24, 2009 and provide the ac: Ntional aafc : ,.atl on and clarifications, raise and resubmit construction drawings and calcu',,it ns and other documentation for additional RAFs frorn FDEP until permit is obtained, as dczcribed below: Item # 22 1 Attachment number 1 Page 2 of 11 1.1 Obtain C:SX Tight of Way Permit (if necdcd) The Consultant shall attempt to provide temporary erosion control at the up,,'rc ?_i 2nd of the outfall pipe that discharges to the CS RA K If that is unsatisfactory to the FDEP re,,: eww'er then the Consultant shall provide temporary erosion control within the C X Right of Way. The Consuluint shall contact CSX to find out if a permit i? r?cl '9r cl for the installation. If a permit is required the Consultant shall prepare and sail- . it the application to CSX and carry out the rrcc:es?.sry processing to captain the permit. a^ agust. 21, 2009 FDEP RAI - Fart 1.2 last bullet it(:,at) 1. Additional Drainage Calculations The Consultant shall ir, -,'Ac additiortatl dT-, „ace cal(za ations as ic(;t.c tccl by the FDFP reviewer. The c:alculatio.ls ,hall ill. 'l L ' _ acl- i ari ' br-ca'doww•n and detail of surfac _ areas and modeling o existing system tha: floe,, to the e--istin dr.'in?.?,,e p )nd. (An- . t ? 1, 2009 FT F R AI -Part 1.4, 9, 1(), 13. Part 11) 1.3 field Visit The Consultant will visit the Public Service Complex to field verify the existing information provided to the Consultant by the City, The Consultant ,.,hall confirm the lira is of sub-basins contributing to the existing storinwater collection s_-?s:csr. The Consultant shall inspect for the cNi:-tcoce of additional pollutant or leachatc producing materials that may have the potential to come into contact with runct i. I t would be dir-ected to either the existing and propo,c l stormwater system. Bas -A on the field findines, the consultant may request additi(,il survey information veri!-i-'ation. (August 21, 2009 FDEP RAI --- Dart 1.4, 9, 1 Ol 13 ) L4 Collect Additional Information/ reation of Del'aif Hain Map. The Consultant will request from the City, the available as-built information for the Prrlalic Service Cormplc x and review the provided information to determine it' any additional data will be needed as requested by the FDEP reviewer. The Consultant will coordinate with the City who will collect any additional information if it is needed. .! detail basin map shall he created to evali , e the c eistin ; stormwvater collection syk!Ym for the Public Service Complex and shall be t„cd as the basis for additional. ti-,odcling as reclues ted by the FDI P revieww°err, (August ? 1, 2009 FD LP RAI _ Part 1.5. 10, 12, i 7) Item # 22 2 Attachment number 1 Page 3 of 11 1. Research of Existing Surface 'e'ater Tfae: Consultant shall research as to whether the existing warfare water %vhich is proposed to )L: impacted is part of a previously pc muted conveyance system. (August 21, 200 FT '-v RAI - fart 11) 1. Miscellaneous Cite Coordination TY C'=F _,1'.ant will coordinate on an as deeded bpi-is t4?sks involving data collection, site v ' i ? , set up ciftnect.ings, plate revision and comrn:-gat response alternatives and su'ate ies. SCJ cdules, iravoicit1g, c*c. 1. Additional Rcv-i,Jons The. Consultant shall revise the construction ;darts is nerdA to reflect thc? r. 1,, mcs to the. FDF.P R AI. 1.5 FDEP RAI Response Letter and Submittal Pach Ti c Cor ui rtt will respond the, FDFP RAI 1ctter and will address the reviewers c rnti, pt.°f? idu any additional required inform ation, design axtodif'icatiortc, and will ,?t 1 uc the submittal package to be sent to the reviewer. The. ccarasultant shill make c,,rc)ductions of the revised construction plans and other supporting doc,,. -l:'Zts and :inble the submittal package. 2.0 Assumptions The followija4a arc assumptions made by the Consultant while considering the scrape of services for this work order. This scope does not include production but will include coordit lon of any special s_ dies regarding ground water, buried waste, environmental, geot.eci n'_--al studies or the. l;l,, . 0 This scope does not include services for data collect or,. cr reporting ota hazardous materials as it relaters to buried solid waste., storage tanks or p r'.ncd equipment located on or adjacent to the project site, a This scrape includes the coordination of additional survey collection or Processing of stir vuy data into the current drawing set. This scrape does not include the Stull of off-site tailwater conditions with :n the CS Railroad right of way. Previously pern?.'te.l and published data has bee,a r ,eJ for the. purpose of storm water modeling as customary and widely accepted err;1ineerinu practice. This scrape sloes not include permitting that may arise from the discovery of hazardous solid waste or le.achate producing materials being stare on the PSC that are digcovered by the FDEP as part of their review. (August 21, 2009 FD EP RAI -- Part 1, 151) Item # 22 3 Attachment number 1 Page 4 of 11 "I'liis scope assumes minor incidental aradin.g in the Arcturas right of wliv does not constitute new construction and should not require additional stornwk4, ,r dcsison or petntittin As the ?ischare elevation or the ri4;ht of w s1 drainage systen is below that of the proposed p( ?:d elevation scrvfrm ,; the proposed l sa separate system w ) ?]d need to be pernait? -d for this area and is therefore is e, ;n:d the scope of the far cat, (Au_tgust 21, 200 FDEP RAI - Part 1, 1.4) TASK: 11. SOLID WASTE PERMIT ODII+ICA,n S The City of Clearwjatc-• Flt}inecrin Department (City) ha, t-`c,,.c,tcd PBS .l (Consultant) to st reprised FDEP Solid 'stste Permit Application Iioo t ['c -snit I3ooklct j ncl r. , i c the cur:ci,t Construction Plans to support the pro ??scd S'aerwE -Iod `,"ard 'transfer Facia: y I, I 1 -111d to obtain a modification to the cUrrent Solid ?? atit crr: Wernrit No. 2751571-001 -S()I the Florida Department of Fnviron nlents WDEP, the regulator agett y 1 _ jurisdiction over the existing site. This poitlon of order includes the work rcgtti?: 1 to respond to the first request for additional i lformati. s ' At) dated July 30, 2009 and. addtti - ral RAI's from FDEP in order to obtain the modified pertrtit. Phis portion of work order inclu( _-s 1, rofcssional engineering services for the following tasks. 1.0 FDEP solid waste madiL' ciition permit services The Consultant shall prepare and submit as needed a FDEP RAI response letter, Permit Booklet, Construction drawings, calculations, and docafnentation to FDEP in order to obtain the Solid Waste Permit Modification. 1.1 D(wument Review The Consultant will distribute the RAI to City and ;,ub-consultaffl team members and wilt review the pertinent. FDEP RAI. Permit Booklet, and Construction . Plans before coordinating with Sherwood Yard Transfer Facility (SYTF) operations st 1-1, Cr rv ultant will rev=iew the F.A.C. codes referreu 4o in the FDEP RAI response letter and 11 _ .:l..i i , ---ether or not we are addressing or are in compliance with the applicable codes and incorp t, ,. any changes necessary into the permit application docUnaents. Item # 22 4 Attachment number 1 Page 5 of 11 L2 I Response Coordination and Development Coordination with City Staff 7 Con ti=lt shall coordinat- directly with City staff to facilitate and gather pertinent iaalornlati( ." and data prior to crc .ting a revised draft of the RAI response lette=r. Permit Booklet and Construction Plans for City vvieww. Coordination topics will include but are not limited to the following: 1) Clarify the proposed s(,rcc_aing processQs rcl 'ocate the proposed crcmin, area at SYTF ) Cl iffy the loading, unloadin-, storag aa,;! ar°y other processes aSSOC tes=t with th waste be.:. lored or processc t hrou la SYTF 3) Cl_:t-lly the FOll-Of". ccul.tl,ners uses and rn m,,t2_, n1Cnt l?r'c'6 ;ease 4) Cl-irify, calculate and evaluate tin-aelinc? it r transfer of to A >>_liill b, -ed on d,i•li-ht/non-davt1 ht, storace ctap_lcity, F AC ,ode requirenaenr.. °id c zed Pita r ;trar,ltw 5) Clarify waste management proccti`_. ;.)r cacti phase ) Clarify the prom:ised oper=ations of 1 c Ecosense system 7) Clarify the r ,c (;)j)7 that will occLaF dur'i. g non-daylight hour., ) Clarify what a(l -itional equipment, %vil l ',c tc lc _l for noel-dayl ,':; _ opc ray rLs 9) Clarify what type of training SYTF persotincl will have prior to t'le facility. The Constittrant wilt crenate a test-pit data to for the City to fill out while performing test--pit dig; in the areas of' the proposed st.ormwater pipe that Will ialcltttle the location and depth of the test di-s. The. Consultant shall provide the City wilh instructions of how to obtain a Facility='s Dep?.ltt -1crt- issued Yard Trash Registration, if applicable. Coordhu. __`?) with FDITP tM The Consultant will coordinate with FD EP staff, Electrical subcontractor and Fcoscnse representatives as needed to obtain the permit. Coordination topics will include, but is not lirnited to: ll)) Clarify comments within FDEP T 11) Cl ?trify the 1 ".A.C. rules as appli_1i`_dk- to this project 12) Clarify the requirements for excavEaion, management and disposal of encoun.cr: _ let?ri4 dL rlri- construction with FDEP 13) C1 l cosense design and operations 14) f: 't'ail; fixture schedules and list of lighting equipment to incorporate in the Permit l5) Cl arlfy FDFP lioliting comments and coordinate with. Pyramid 16)C,:,)'aita any si.c,-.fiwations needed for additional features on-site Item # 22 Attachment number 1 Page 6 of 11 I. Resign Flans and Document Revisions .'h- Consultant shall coordinate , i'Ja City staff, FDFP staff, Electrical subconsultant and • L? ?cnsc representatives as needed ?r-:. r io FDFP subrrtttta . 'l"he Cotasult,ant shall create the FllL--' Ubmittal package to address the first RAI 61-::--d July 30, 100 rind any subsequent RAls tir:1 the permit is obtained. T submittal pay ?,.`,es shall incltrdc. but are neat limited tee the oliowvin items: the RAI resl?. <<; letter, Permit Booklet and Construction Plans. Two (2) heard cop es of the ptacl:agc will lie m rr j the City for tlacit gale. 1.4 Permit Statements of Completion and Transfer to Operation The consaalta shall provide the documents and PI-O eSSino for each o'the three (3) of the laroject, ri n ,'.Ilements of completion and transfer to operation will be submitted and o,-ttt'rned after each tl c construction of ea--h 1 la, C'. TASK C. BUILDING PERMIT ADDITLO U, REVISIONS The Con ultant shall respond to additional budding dc_-,artnacnt comments as the result of change-, t, r s.iie plans stemming from this scope of serviczs. "I'lic Consultant shill update tlic S TF Construction Specification Book and cast estimate to include any additional features on the site stetnrning. from this scrape of services TASK I). IFLTI , :Jr5 The Consultant will attend three (3) t7: tin s with the. City or other agencies during the permitting Z?l process. N-lectin s are assumed to niaximuni duration of one, hour plus travel time and shall include conference calls exceeding tl i ??F) minutes in lcr^th. TASK E. lENN1RON # TAI.,'LL'HV'ICIES (IF NI?I;IJLLI ) The consultant shall pi-ovides the environmental services as required to address permitting issues that may arise if the existir,,, surface water can the south end of the project is deemed a wetland. (August 21, 2009 FDFP RAI - Part 11) TASK F. ADDITIONAL SURVEY IN,'O K (IF NEEDED) In the event that additional survey is needed to complete the pcr:--ittirr process and the City chooses not to prow ide survey services, the Consultant shall provide ;purvey services. TASK G. PHOTOMETRIC PLAN (IF NEEDED) If a photometric plan is needed to sausfy FDETI's cotm7rents regarding site lighting, Item # 22 6 Attachment number 1 Page 7 of 11 the ;:acv:,_i alit skull core-ract with a local certified electrical engineering firm to perform the folha,, i - vINes: I . 0 1 ;; of tla- c° i u n- area during evening; hours to ev,,fl ute the existing lighting 1 R--, 01-d rng approvinrr. ly (10) photornetri_ values of the e• s:-ran lighting:: conditions. I- p c i netric valrr v, i l l be recorded at z'.c . n a horizon' 111) 1 ane. We recommend tl a'_ the a :n cr: be acs ;s#f and the oxist r , li 4 irl« be operable clurinf this visit as we do not include addition l s-isits due to ,ut" lamb, arid/or ballasts of existing fixtures. ?. Provide a brief report of the ex i;:ir.r I-h1 levels and proposed recon mendatloris based on the , Z7 Illuminating Engineering Society of North America (Il» SNA). 3. Th: ` rurlrrhag" oof a photometric pl rn slro ire Y the '`zleW" li ht level' :-:my based on p- ,: retric data recorded by the IESIvA o '1.c %N, luminaries ad( I've -will attempt to acl,_,; e light levels as dictated by Owner- o r? cal AuCio city Plavin- Juris fiction (AI-I.I ). Proposal includes the addition of (3) or le; Heals mouratc,", minaries. Vil 11 n--tric data will NOT include existing lighting levels. 4. The wiring, and lighting control of the additional (up to 3) pole tnou.?rc -' luminaries. 5. Rev =; ins required to conform to perrnitt-d - a-cncy° comments, as xvcil as minor chrtra c? for other,i,,;Iplines and reasonable review coraanrerrt5 from owner or other design professionals, Purpose The l'r;ir pose of this work order is to obtain the FDEP Elul' Permit and FDEP Solid Waste Permit Modification. Project Deliverables: The deliverables to be subn.i tcd to the C~ity of Clearwater consist of the followin( :. One (1) hard copy off all FDEP RAI scsbrnittal packages for froth FDEP ERP and FDEP Solid Waste Permit Modification The revised stormwater model in digital rn_1t * ll/leetirr minutes of meetings vvith City S`1: regulatrrr, agencies, and others, as necessary Orr (1) hard copy of each final AI r4,laonsc pact r e racludira?; the Solid Waste Permit. i,l,'( .. I l l-c rnr, FDEP Solid Waste Permit Application booklet and Construction I'llans (ira lu Fg lighting plans). One t 1 a :sct of signed plans, stormwater report., and spec ications along with a CAD of all hles. Survey electronic files (if needed) m A signed and sealed environmental reports (if°1.2c.lcd) * All C.ADD files and technical specs in electronic iorinat per attachr.-LI°rtt "B" Item # 22 7 Attachment number 1 Page 8 of 11 4. B1TDG'E]"- -,,chme_;t A depicts III: total cast per task for tl _-_ engineering serr i:c. This tataxintupn fee t 11 =t 1 in?l?_i all labor and expenses ,_ar the completion e these tasks. Permit '-d-id review ccs have been included in uiis arnowit. A contingency fee has been added to tl s 4of;a to cove, :.taay un:., tici ,ated owner directed ttaiscellanc;ous tasks thc).t may need to be x;_:j l-ci tic-- I executirt - this s(:opc of work. )F1EVI -Phis ass,ic nment shall be completed within 120 clays after notice to proceed has been received. El`1CxIl "LLp"s project orresp., )& zcc s iiI t, .l tc `4* I 4'ttl1, P.E. All Uli roject p correspoi H shall be directed to 1'Li -lid r with copies to others as may be app r°,priate. 7.. I '010 ? T( I :`?'C :??Tlia y. The budget for the project is a .-laxitnun7 of l 11,595.06 based :1n ".t mp Sun, Invoicing n ti ?d B and be billed as a percent corn-lctw of ea l t-sk. 1 ends that -,Cr. reserved for tasks that'. sire iot. performed ?Iiall not be used i-,r ether tis? . COTI'IPL{ 'ncy servo's Gill be billed as incttr. d only after written authorization provided by the City to p' cccd with those services, Invoices for the work perfoj-Tned :shall be suhn,:'ted to the City of C'. c •aler, AlLeTilion Veronica Josef. Sr. Staff Assistant, Engineering, P. 0. Box 4749, Clearw•at,r, Florid,,?3758- 47ro. City, Expenditure Code: . E G VA I i ll ." C.1,"W11,1CATI ON: I lic vby certify as a licensed Professional Engineer, registered izt accordance with. Florida Statute 471, 'hat slit: alcove project's site and/or construction plans meet or exceed all applicablc design crtt rt"i 2d by City municipa'. crdinance, State, and Federal -s'ahl:shed standards. I U111, , r it is my responsibility ti tke project's Professional Engine; 2r to perform a cltUtiity ass'_u-anL_ rcvicw of these submitted pLr_s o ensure that such plan; are free from negligee-t errors anL'ot c nissions. Further, I accept that the City's Final Inspection for a Certil i _--atc of Occupancy does not relieve me of my own duality assurance review. -&y certify that all facilities have been built substantially in accordance with the approved permit design plans and that any substantial deviations (described in attachment) will not pre,, en the system front functioning in compliance with the requirements of applicable regulatory authority. Item # 22 S Attachment number 1 Page 9 of 11 This `crt;f cation si-Al apply equally to any further revision and/or of plans. eOmPu_,.t ?:)Tis, or pr-gject documents which 1 ray subsequently tender. PR-, PARED 131" A1)11RONTD BY: Ptee( 'M V% Lily, P.1-?. Micliael D. Q7t.GilletI, P.E. Proj C itv Enc iii: ?;r PIS T. inc. City of C'lcAr-titer ? f Da Date Item # 22 9 Attachment number 1 Page 10 of 11 A"X TAC I [N . PqT .A ITT OF _ _.i` 'A TER ( !a°wood Yard MET d+ 7!l.,' Vavc?l- - oiid Waste ?teriilit M c i catiOnS PROJEUL 1 , UD T Leal, 1: r , 1.J IBcr°m:'titt,?'?Ea'?ites ti:_ Ems'„i I ,.f needIod) I , t",c; m: it I !e? C'alaul aJoll" 1.3t',c1. 1.4 C't? c?_ lt.t .:[tr r? t?.2aiC?t'ai,an o1 1?etaR1 13aFa?a 1?1ct?e v 1.6144`::, (_. n 1.7 1 -, i, ia: Pl.r. RI. 1.8 CiC?f T .1 L: tt , smd Submittal Package ?rl?-Tnt;s B I JIL I S(1.:1 ! VV S I I±._ `viiF MODHI ?? ATV)I1,t D t <, >>t n, .i???: I U n .i I +ccun,ie n Revision I. stnter_ter,l tt[ C!'.'._l.c`ion and 'I"t'ttnsfc? t'! 1?21-1?: Sub I-eta C l1Li B t.I1?'ids iIL I N.? L ?DDITi+[`1fNAL RE, DS: C, E 1;NI , rbN ?IE.NT ? 1, SERVICES (IF NEEDED) I' A °'t I I" :.. ?L SIiRVEV 1VORK (IF NEEDED) t{IC" I'LX (IF 1r"L1t,DF111 l • n( `4uh-c n? ,:_.?n+ a«r1 I.?a ?;€?r?iCest Conti-az,?? i t0%") Ac lit , n: FE P per ni,, arp',icatlion 1-1-es Other 13ire C 0itS (1'r:•ints, pl)O( COPWsr POStaLle, Courier, ?.. GRAND TOT.-'iL 1 1--4 ti 4 S1.1Cn.,Pi 6 6,11.17 .'1-101 ??.. 't t2.70 $1213.00 .N ` 3-2'-)€t CO $15,000-O $15,00 -00 cl ?, slO,50('.09 ?^ 1F11.?`7 $9,718.19 $3210.00 !-A15,1+1) $111,595,116 Item # 22 Attachment number 1 Page 11 of 11 L , is r t' }, r NG Nl lE 1 LI ? DEPART WENT WORK „'':)DIER ' !N ITIA's`i(1, N FORM Attachment "B"' CITY DELIVERABLES FORMAT The de,,inn or survey plans shall be compiled utilizing one of the following two methods. I. C;ilt of Clearwater- CAD standards. ?. m Jza,; County CAD standards I D,I m: Horizou'0 ,Intl Vertical Lart?arrt shall the referenced to North American Vertical Datum of . u ,.i N , th American Datum of 1983/90 (horizontal). The grit of measurement ?,•raii be the United States Foote to iy deviation from this datum ivEf not be accepted unless reviewed by City of Cle,Mv, enter En inerr°inp" eo raplak Technolo , Dig; i%i(1. re An AutoCAD LandDc,k.c 3.0 or later c rav, in file: with all d q - .(?ent files shall be submitted. NC)"I`E: tf' approved &vilation from Clo arwater or Pinellas County CAD standard` are used the consultant shall include al1 necessary information to aid in anatrlpulatin the di'x?, ln` fi including either PCP, C TB file or pen schedule for plottim«. The drawing file shat' L:elude only authorized fonts, shapes, line types or other attribuics contained in the standard Ardo 7es , Inc. release. All block references and references c't nhi; ; ed within the drawing le shall be included. Please adds -,? any clue, ir_?tas rcga°:ling format to Mr. Torn Mahony, at (',727)562-4762 or etnail address All electronic, files must he delivered upon completion of project or wwith 1{)0% plan submittal to City of Clearwater. Item # 22 Attachment number 2 Page 1 of 1 o Cl t Sherwood Yard FDEP ERP and Solid N earwa er Waste Permit Modifications U W E Prepared by: Engineering Department Drawn By: MRH Reviewed By: PTV Date: 3/1/10 Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www.M Clearwater.com Grid # 271A S - T - R 12-29s-15e Scale: N.T.S. Item # 22 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 1) Clerk 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Equity Services 8) Official Records Approval: and Legislative Services Cover Memo Item # 23 Attachment number 1 Page 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. 1of3 Item # 23 Attachment number 1 Page 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. 2of3 Item # 23 Attachment number 1 Page 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 Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk 3 of 3 Item # 23 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 3/18/2010 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: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: None None Annual Operating Cost: Total Cost: None 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 Item # 24 Attachment number 1 Page 1 of 1 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 Approved as to form: Rob Surette Assistant City Attorney 2010. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution Nttefi9-0724 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Item # 25 Attachment number 1 Page 1 of 2 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: Resolution No. 11 # 25 Attachment number 1 Page 2 of 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: Laura Mahony, Asst. City Attorney Attest: Cynthia E. Goudeau, City Clerk 2 Resolution No. 10-0tem # 25 Attachment number 2 Page 1 of 1 Scale: 1" 100' EXHIBIT " A" This is not c survey NORTH 0 Attachment number 3 Page 1 Of 1 60 M 14- #10 4 #1J? 5 Pier PaVillion - - - - - - - - - - U ?HJ. V #11-. z3/o3 3 ` 6) #230 _........_ Big Pier 60 I I , 2.59 60 0 Ac(c) 2 ? _ r > >1 1 __-- w..._... #19 I, 1 L' ?9 r RRUt.I I I 1 1 1 I 13 i 1 12 1 15606 1 I 1 #20 1 1 Open Rec. / Pkng 31 I l I `1 j 1 I / WATER LOT 1 (14) / I .G? ( I CD A ? I o ?I 1 59 1 O GOVT LOT 3 .55 7 144 d5 f 6 147 190 191 1 b3 192 i 1 1 so ` GOVT LOT 4 Location of ' i 2 ! -1-' i ' ?yj 32/03 32/62 l ?`. Dedication _ 3 9 2 _ 4 r I, I I I T I I I DEVON DR y.r so 3 -- , , 1 ,46 µ9 t0 151 4 ?5 96 I 1 197 1 20 4 52 1 98 B 5 53 99 _ 7 --- __ 1 1100 __ I 54 1755b 1 ---- - y #21 s , 1 2 t, 0 Clearwater Public Beach -'---- - 55 --- . ° 11 ... 1 9 i -IRV S I .. ---- #313 - 35 52 10 50 53 "QA1 ?- 57 1 104 1 l 51 _ 11 I 1756 50 9 / 12 - -- 2 70 4 48 -'-- ____ ------_ THfRD ST / 47 / 12 1/2 O 58 . 105 60 13 35 I 59 _ 106 , 70 Y 14 60 2 1 _?-- --- 1A 3 - 15 1108 t7 0 2nd St Right-of-Way Legend a "Parcel Boundary Vacant N Clearwater Dedication Bldg Footprint Parks & Rec Area City Owned d Waterbodies Improved ( Property W E Prepares by: Outside CLWTR City limits Leasehold \J Engineering Department Geographic Technology Division • / Clearwater Service Area CRA Owned Ite m # 2 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: EB Date: 2/24/2010 Grid #: 276A S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyC learwater. com ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Cover Memo Appropriation Code Amount Appropriation Comment 590-07000-545100-519-000 $2,300,000 Item # 26 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Other Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 1 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 $ l OM 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 2125110 Item # 26 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 3/18/2010 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 Item # 27 ?- Meeting Date: 3/18/2010 City Council Agenda Council Chambers - City Hall 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 Item # 28 Attachment number 1 Page 1 of 3 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 - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. 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 15.1% of the current year's General Fund budget, exceeding our reserve policy by $7.5 million. Item # 28 Attachment number 1 Page 2 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. Item # 28 Attachment number 1 Page 3 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 developers' 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. Item # 28 CITY OF CLEARWATER FIRST QUARTER SUMMARY 2009/10 FY 09/10 First First First Adopted Quarter Quarter Quarter Amended Description Budget Projected Actual Variance % Adjustment Budget General Fund: Revenues 115,453,300 35,724,797 41,473,951 5,749,154 16% 271,236 115,724,536 Expenditures 115,453,300 34,358,917 35,259,323 (900,406) -3% 271,236 115,724,536 Utility Funds: At chment nu ber 2 Water & Sewer Fund P e 1 of 1 Revenues 58,827,450 14,706,850 14,008,055 (698,795) -5% 2,362,475 61,189,925 Expenditures 58,672,340 15,754,127 15,146,431 607,696 4% - 58,672,340 Stormwater Fund Revenues 15,579,600 3,607,453 3,642,494 35,041 1% - 15,579,600 Expenditures 15,579,600 8,279,435 8,118,005 161,430 2% - 15,579,600 Gas Fund Revenues 42,901,470 10,340,712 9,972,137 (368,575) -4% 5,051,399 47,952,869 Expenditures 40,528,040 13,991,145 13,275,396 715,749 5% 4,518,079 45,046,119 Solid Waste Fund Revenues 18,823,080 4,705,773 4,795,116 89,343 2% - 18,823,080 Expenditures 18,759,080 5,275,555 4,579,990 695,565 13% (227,762) 18,531,318 Recycling Fund Revenues 2,949,470 603,116 634,453 31,337 5% 97,821 3,047,291 Expenditures 2,949,470 799,116 726,185 72,931 9% - 2,949,470 Enterprise Funds: Marine Fund Revenues 4,850,380 1,192,099 910,564 (281,535) -24% (260,000) 4,590,380 Expenditures 4,552,760 1,212,390 1,004,875 207,515 17% (129,600) 4,423,160 Airpark Fund Revenues 249,000 62,250 62,081 (169) 0% (8,000) 241,000 Expenditures 194,070 58,165 49,210 8,955 15% - 194,070 Downtown Boat Slips Fun d Revenues 631,260 - 394 (394) n/a - 631,260 Expenditures 464,230 30,645 17,210 13,435 44% - 464,230 Parking Fund Revenues 5,405,020 1,039,983 952,416 (87,567) -8% 3,400,000 8,805,020 Expenditures 5,172,020 1,464,411 1,381,521 82,890 6% 3,400,000 8,572,020 Harborview Center Revenues 163,080 110,199 111,126 927 1% - 163,080 Expenditures 163,080 91,615 104,959 (13,344) -15% - 163,080 Internal Service Funds: General Services Fund Revenues 4,991,540 1,247,887 1,247,718 (169) 0% - 4,991,540 Expenditures 4,991,540 1,389,713 1,258,277 131,436 9% - 4,991,540 Administrative Services Revenues 9,430,000 2,357,507 2,263,516 (93,991) -4% 25,846 9,455,846 Expenditures 9,224,590 2,693,055 2,167,787 525,268 20% 25,846 9,250,436 Garage Fund Revenues 12,824,540 3,206,136 2,913,801 (292,335) -9% - 12,824,540 Expenditures 12,824,540 3,457,335 2,966,564 490,771 14% - 12,824,540 Central Insurance Fund Revenues 19,161,320 4,867,651 5,519,448 651,797 13% 4,795,000 23,956,320 Expenditures 18,208,370 4,583,537 3,885,756 697,781 15% 170,000 18,378,370 Item # 28 Attachment number 3 Page 1 of 2 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2009-10 REPORT General Fund Operating Budget ................. Utility Funds Operating Budget ................... Other Enterprise Funds Operating Budgets Internal Service Funds Operating Budgets. Capital Improvement Program Budget ....... Special Program Fund Budget .................... Special Development Funds ....................... Administrative Change Orders .................... Ordinances .................................................. First Quarter budgets were projected in the following manner PAGE # .. 3 .. 9 13 17 20 35 47 50 52 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 Manager's discretion, and/or adjustments proposed based on First Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Item # 28 Attachment number 3 Page 2 of 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. Item # 28 City of Clearwater General Fund Revenues First Quarter Amendments Attachment number 4 FY 2009110 Page 1 of 3 Increase/(Decrease) Description At first quarter, property tax revenues exhibit a 22% positive variance, this is primarily a timing difference in the actual receipt versus budgeted collections for the quarter. As of the end of January, approximately 80% of budgeted revenues have been collected. At the same time in 2008/09, 78% of the year's total revenues had been Property Taxes collected. No amendment is proposed at this time. At first quarter, franchise fees collections are approximately 16% higher than the same period last year, and 5% greater than anticipated for the year due to the increased receipts of electric franchise fees. No Franchise Fees amendment is proposed at this time. Utility tax revenues are approximately as budgeted at first quarter, and approximately 12% greater than the same period last year. No amendments are proposed until Utility Taxes additional months of revenue are available for review. At first quarter, license and permit revenues exhibit a 12% negative variance. This is primarily related to the Business Tax License revenue which, for the first four months of this year, is approximately 16% less than the same period in fiscal year 2008/09. No amendments are proposed at this Licenses & Permits time. Intergovernmental At first quarter, sales tax revenue reflects a 54% negative variance primarily related to the timing of revenue collection. Adjusted for timing, revenues are approximately 6% lower than anticipated for this year and 4% lower than the first quarter of fiscal year 2008/09. No amendments are proposed until additional months of revenue are Sales Tax available for review. At first quarter, communications tax revenue is 13% less than anticipated for the year and 12% lower than first quarter of fiscal year 2008/09. No amendments are proposed until additional months of revenue are available Communications Tax for review. Other Intergovernmental revenues are approximately as budgeted for first quarter. Amendments reflect overtime reimbursements of $1,086.03 supporting the U.S. Immigrations and Customs Enforcement program, and $4,199.87 supporting the Drug Enforcement Agency which Other Intergovernmental 5,286 offset expenditure increases in the Police Department. Item # 28 City of Clearwater General Fund Revenues First Quarter Amendments Attachment number 4 FY 2009110 Page 2 of 3 Increase/(Decrease) Description Charges for Service Fines & Forfeitures Interest Income Miscellaneous Interfund Charges/Transfers In Revenue amendments include a $22,000 decrease for rental revenue from the Chamber which is offset by the increase in the Miscellaneous category. This revenue was (22,000) originally budgeted in the wrong code. Fines and forfeiture revenues for the quarter are approximately 38% less than anticipated at first quarter. This will be carefully monitored for possible amendment at mid year once further data is available. Revenues from interest earnings are approximately as budgeted at first quarter. No amendments are recommended at this time. At first quarter, revenue amendments include a $55,000 increase for rental revenue from the Chamber lease, $22,000 of this increase is offset by the decrease in the Charges for Service category, this was originally budgeted in the incorrect code. The remaining $33,000 of this increase is offset by increased program expenditures for the Royalty Theater cost center which were not budgeted 55,000 in the FY09/10 adopted budget. The positive variance is this category is timing variance in the posting of the receipt of the Gas System dividend. Budget amendments include: 1) an increase of $2,598,260 in the computed annual gas dividend payment to the General Fund for FY 2009/10, which is slightly higher than the original amount outlined in the Council approved agenda item on January 14, 2010; 2) return of General Fund revenues from Special Program project 181-99834, Neighborhood Services Grants, in the amount of $8,309.23 which will close the project; 3) the return of General Fund revenues from project 315-92267, Beach Walk, in the amount of $64,920.72 which will close the project; 4) the return of General Fund revenues from project 315-93402, Bayfront Promenade, in the amount of $48,105.08 which 2,719,595 will close the project. Item # 28 City of Clearwater General Fund Revenues First Quarter Amendments Attachment number 4 FY 2009110 Page 3 of 3 Increase/(Decrease) Description First quarter amendments reflect the following allocations Transfer (to) from Surplus of General Fund reserves: 1) An appropriation of $89,000 from retained earnings to Non-Departmental Program to provide funding for the Matrix Consulting Group contract as approved by the 89,000 Council November 5, 2009. 2) An appropriation of $6,000 from retained earnings to Non-Departmental Program to provide funding for the installation of three light buoys adjacent to the Clearwater Pass Jetty as approved by the Council December 17, 6,000 2009. 3) An appropriation of $37,950 from retained earnings for project 315-92822, Miscellaneous Engineering as 37,950 approved by Council on February 4, 2010. 4) A revenue surplus of $2,619,595.03 is being returned to General Fund retained earnings at first quarter. This represents the increased revenues from the additional gas dividends of $2,598,260 as noted above; the return of special program project funding of $8,309.23 from project 181-99834, Neighborhood Services Grants; the return of capital improvement funding of $64,920.72 from project 315-92267, Beach Walk, and $48,105.08 from project 315- 93402, Bayfront Promenade; net the transfer to capital improvement project 315-96385, Gas Mains of $100,000 from the proceeds of increased gas dividend receipts as (2,619,595) approved by Council on January 14, 2010. Net Transfer (to) from Retained Earninqs (2,486,645) Net General Fund Revenue Amendment 271.236 Item # 28 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2009/10 Economic Development & Housing Parks & Recreation Increase/ (Decrease) 33,000 Description Attachment number 5 Page 1 of 2 At first quarter, the 27% negative variance in the Economic Development department is strictly related to timing of the payment of the tourism contracts with the Clearwater Regional Chamber of Commerce and the Tampa Bay Partnership membership. No amendments are proposed at this time. First quarter expenditure amendments reflect an increase of $33,000 to establish the budget for the Royalty Theater which was not budgeted in the FY09/10 adopted budget, this increase is offset by associated revenue amendments. Amendments also include a transfer of operating savings of $22,303.00 to capital project 315-93265, Beach Library/Recreation Center Improvements to cover unanticipated costs of renovations; this transfer has a $0 net change to General Fund expenditures. First quarter expenditure amendments reflect an increase to overtime by $5,285.90 which is offset by revenue amendments recognizing the reimbursements received for overtime from ICE (The Department of the Treasury) and overtime form DEA (US Police 5,286 Department of Justice, Drug Enforcement Agency). Item # 28 City of Clearwater Attachment number 5 Y Page 2 of 2 General Fund Expenditures First Quarter Amendments FY 2009/10 Increase/ (Decrease) Description Non-Departmental At first quarter, the 109% negative variance in the Non- Departmental program is strictly a timing variance in the transfer of the Tax Increment Payment to the CRA. This budget variance is corrected by period four. A transfer of $89,000 of General Fund unappropriated retained earnings to the Non-Departmental Program was approved by the Council on November 5, 2009 to provide funding for the Matrix Consulting Group contract to perform an 89,000 efficiency review of the Clearwater Fire & Rescue Department. A transfer of $6,000 of General Fund unappropriated retained earnings to the Non-Departmental Program was approved by the Council on December 17, 2009 to provide funding for the installation of three light buoys adjacent to the Clearwater Pass 6,000 Jetty. The budget amendment also reflects City Council approved interfund transfers of $137,950 to Capital Improvement and 137,950 Special Program projects, as follows: 1) A transfer of $37,950 of General Fund unappropriated retained earnings for project 315-92822, Miscellaneous Engineering, was approved by the Council on February 4, 2010 to provide funding for Turnstile Removal Clearwater Harbor. 2) A transfer of $100,000, funded from the proceeds of increased Gas dividend receipts to project 315-96385, Gas Main Extensions was approved by Council on January 14, 2010. 232,950 Net General Fund Expenditure Amendment 271,236 7 Item # 28 GENERALFUND FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Attachmd6 1 Qtr Amended Page 1 of Budget Projection Actual Variance % Amendment Budget GENERALFUND GENERAL FUND REVENUES Property Taxes 41,786,420 20,900,000 25,401,776 4,501,776 22% 41,786,420 Franchise Fees 10,152,000 1,743,667 1,835,805 92,138 5% 10,152,000 Utility Taxes 12,321,860 2,337,239 2,353,710 16,471 1% 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 2,228,904 23,244 1% 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 1,140,000 259,000 262,839 3,839 1% - 1,140,000 Miscellaneous Revenues 926,500 225,377 238,852 13,475 6% 55,000 981,500 Interfund Charges / Transfers In 17,516,670 3,864,075 5,921,517 2,057,442 53% 2,719,595 20,236,265 OPERATING REVENUES 115,453,300 35,724,797 41,473,951 5,749,154 16% 2,757,881 118,211,181 Transfer (to) from Surplus - - 0 0 n/a (2,486,645) (2,486,645) TOTAL REVENUES 115,453,300 35,724,797 41,473,951 5,749,154 16% 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 16,986 4% 1,274,680 City Attorney's Office 1,623,430 440,453 355,262 85,191 19% 1,623,430 City Auditor's Office 182,410 55,244 54,895 349 1 % 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 2,043,352 186,885 8% 7,441,890 Equity Services - - - - 0% - Finance 2,195,470 640,048 582,621 57,427 9% 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 11,273 4% 1,108,350 Library 5,710,940 2,064,321 1,996,989 67,332 3% 5,710,940 Marine & Aviation 564,440 160,141 148,778 11,363 7% - 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 8,724 3% - 1,087,520 Parks & Recreation 19,739,130 6,035,491 5,808,005 227,486 4% 33,000 19,772,130 Planning & Development 4,679,890 1,372,559 1,364,973 7,586 1% - 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 43,181 15% - 1,031,750 Public Services 2,580,000 725,791 713,376 12,415 2% 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 Item # 28 City of Clearwater Utility Funds First Quarter Amendments FY 2009/10 Water & Sewer Fund Revenues Expenditures: Increase/ (Decrease) 2,362,475 Description Attachment number 7 Page 1 of 2 At first quarter, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $2,517,585 for fiscal year 2009/10. First quarter amendments to Water and Sewer revenues reflect a net increase of $2,362,475 which includes the following: 1) an increase of $240,000 in surplus land sales to reflect proceeds from the sale to Silver Dollar Trap Club; 2) a decrease of $3,525 in land rentals due to termination of the lease and sale of the property Silver Dollar Trap Club; 3) an increase of $126,000 in interest earnings due to the close of a bond escrow account at the Bank of New York; and 4) an increase of $2,000,000 in interest earnings to bring the budget in line with the anticipated increase in interest earnings for the year. First quarter expenditure amendments reflect small line item changes with in the Wastewater Collection budget. The net change to Water and Sewer fund expenditures is $0. At first quarter, anticipated revenues of the Stormwater Fund equal Stormwater Fund anticipated expenditures for FY 2009/10. Revenues: No amendments are proposed at first quarter. Expenditures: No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Gas Fund exceed Gas Fund anticipated expenditures by $2,906,750 for FY 2009/10. First quarter amendments to Gas fund revenues reflect a net increase of $5,051,399.31 which include: 1) a $2,639,690 increase in unappropriated retained earnings for the dividend payment increase to the General Fund as approved by Council on January 14, 2010; 2) a $2,075,709.31 increase in unappropriated retained earnings that are a result of the gas supply buy-out agreement in 2009. This revenue will be transferred to Capital Improvement project 315-96386, Expanded Energy Conservation to fund energy conservation programs as approved by the Council on January 14, 2010; 3) a $300,000 estimated increase in LP PGA fuel; 4) an increase of $30,000 for insurance recovery; and 5) other adjustments to line item revenues totaling an Revenues: 5,051,399 increase of $6,000. First quarter amendments reflect a net increase of $4,518,079.31 to Gas Fund expenditures which include: 1) a $2,598,260 transfer of increased dividend payment to the general fund as approved by Council on January 14, 2010; 2) a $2,075,709.31 transfer to project 315-96386, Expanded Energy Conservation to fund energy conservation programs as approved by the Council on January 14, 2010; 3) a $241,280 increase in promotional activities to attract new customers; 4) a $100,000 increase in the cost of LP fuel; 5) a decrease of $400,000 in taxes; and 6) other various adjustments to line item Expenditures: 4,518,079 expenditures totaling a net reduction of $97,170.00. Item # 28 City of Clearwater Utility Funds First Quarter Amendments FY 2009/10 Solid Waste Fund Revenues: Expenditures Increase/ (Decrease) (227,762) Description Attachment number 7 Page 2 of 2 At first quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $ 291,762 for FY 2009/10. No amendments are proposed at first quarter. First quarter expenditure amendments include a $214,000 decrease in dump fees due to lower than expected tonnages in all three collection programs. Other various line item increases and decreases include salary savings due to a downgraded position and a vacancy; increased cost of health assessments and reductions in garage charges for a net decrease of $227,762 to Solid Waste Fund expenditures. At first quarter, anticipated revenues of the Recycling Fund exceed Recycling Fund anticipated expenditures by $97,821 for FY 2009/10. First quarter amendments to Recycling Fund revenues reflect a net increase of $97,821. Amendments include the recognition of a grant from Pinellas County supporting recycling efforts in the amount of $83,121, and an increase in the sale of recyclables of $14,700 due to Revenues: 97,821 the slight growth in that market. Expenditures No amendments are proposed at first quarter. 10 Item # 28 UTILITY FUNDS Attachment number 8 Page 1 of 2 FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 57,291,800 14,322,948 13,505,872 (817,076) -6% - 57,291,800 Non-Operating Revenue 1,535,650 383,902 442,324 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 Revenues 58,827,450 14,706,850 14,008,055 (698,795) -5% 2,362,475 61,189,925 Water & Sewer Fund Expenditures Public Utilities Administration 901,650 243,225 215,774 27,451 11% 901,650 Wastewater Collection 5,139,670 1,739,413 1,701,898 37,515 2% 5,139,670 Public Utilities Maintenance 2,988,580 810,887 758,353 52,534 6% 2,988,580 WPC/ Plant Operations 10,588,070 2,779,508 2,642,166 137,342 5% 10,588,070 WPC/ Laboratory Operations 1,250,130 337,399 327,474 9,925 3% 1,250,130 WPC / Industrial Pretreatment 822,910 224,880 194,680 30,200 13% 822,910 Water Distribution 7,904,560 2,265,393 2,222,229 43,164 2% 7,904,560 Water Supply 12,370,480 3,127,514 2,487,531 639,983 20% 12,370,480 Reclaimed Water 2,064,970 565,578 524,000 41,578 7% 2,064,970 Non-Departmental 14,641,320 3,660,330 4,072,327 (411,997) -11% 14,641,320 Total Expenditures 58,672,340 15,754,127 15,146,431 607,696 4% - 58,672,340 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 14,138,310 3,534,579 3,560,217 25,638 1% 14,138,310 Non-Operating Revenues 291,410 72,874 82,277 9,403 13% 291,410 Transfers In - - - - n/a - Use of Fund Equity 1,149,880 - - - n/a 1,149,880 Total Revenues 15,579,600 3,607,453 3,642,494 35,041 1% - 15,579,600 Stormwater Utility Expenditures Stormwater Management 4,794,760 1,234,256 1,163,415 70,841 6% 4,794,760 Stormwater Maintenance 10,784,840 7,045,179 6,954,590 90,589 1% 10,784,840 Total Expenditures 15,579,600 8,279,435 8,118,005 161,430 2% - 15,579,600 GAS FUND Gas Fund Revenues Operating Revenues 40,080,920 10,050,214 9,651,486 (398,728) 4% 306,000 40,386,920 Non-Operating Revenues 939,980 234,998 251,055 16,057 7% 30,000 969,980 Transfers In - - - - n/a - - Capitalized Labor 222,000 55,500 69,596 14,096 25% - 222,000 Use of Fund Equity 1,658,570 - - - n/a 4,715,399 6,373,969 Total Revenues 42,901,470 10,340,712 9,972,137 (368,575) -4% 5,051,399 47,952,869 Gas Fund Expenditures Administration & Supply 27,122,620 6,491,870 5,707,475 784,395 12% 2,144,080 29,266,700 South Area Gas Operations 7,430,540 4,427,796 4,449,430 (21,634) 0% 78,600 7,509,140 North Area Gas Operations 3,513,710 2,365,467 2,292,967 72,500 3% (34,550) 3,479,160 Marketing & Sales 2,461,170 706,012 825,524 (119,512) -17% 2,329,949 4,791,119 Total Expenditures 40,528,040 13,991,145 13,275,396 715,749 5% 4,518,079 45,046,119 11 Item # 28 UTILITY FUNDS Attachment number 8 Page 2 of 2 FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenue 17,923,000 4,480,752 4,539,364 58,612 1% 17,923,000 Non-Operating Revenue 652,100 163,026 193,757 30,731 19% 652,100 Transfers In 247,980 61,995 61,995 - 0% 247,980 Use of Fund Equity - - 0 - - - Total Revenues 18,823,080 4,705,773 4,795,116 89,343 2% - 18,823,080 Solid Waste Expenditures Collection 15,604,840 4,404,948 3,762,287 642,661 15% (195,662) 15,409,178 Transfer 1,406,550 388,678 369,692 18,986 5% - 1,406,550 Container Maintenance 773,530 217,464 212,898 4,566 2% 4,350 777,880 Administration 974,160 264,465 235,113 29,352 11% (36,450) 937,710 Total Expenditures 18,759,080 5,275,555 4,579,990 695,565 13% (227,762) 18,531,318 RECYCLING FUND Recycling Revenues Operating Revenue 2,249,010 562,251 596,328 34,077 6% 14,700 2,263,710 Non-Operating Revenue 700,460 40,865 38,125 (2,740) -7% 83,121 783,581 Total Revenues 2,949,470 603,116 634,453 31,337 5% 97,821 3,047,291 Recycling Expenditures Residential 1,047,110 287,237 280,650 6,587 2% - 1,047,110 Multi-Family 527,470 142,798 127,087 15,711 11% 527,470 Commercial 1,374,890 369,081 318,447 50,634 14% 1,374,890 Total Expenditures 2,949,470 799,116 726,185 72,931 9% - 2,949,470 12 Item # 28 Attachment number 9 Page 1 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2009/10 Increase/ (Decrease) Description Anticipated revenues of the Marine Fund exceed anticipated Marina Fund expenditures by $167,220 at first quarter fiscal year 2009/10. First quarter amendments reflect a net decrease of $260,000 which includes the following: 1) a $235,000 decrease in slip rental revenues; 2) a $75,000 decrease in fuel sales; and 3) a return of funds from Capital Improvement projects totaling $50,000 necessary to offset the loss of revenues anticipated for the year. Revenues: (260,000) First quarter expenditure amendments reflect a decrease of $79,600 in various operating line items, and a $50,000 decrease in transfers to support certain capital improvement projects. These reductions are Expenditures: (129,600) necessary to offset the loss of revenues anticipated for the year. Anticipated revenues of the Downtown Boat Slips Fund exceed anticipated expenditures by $167,030 at first quarter fiscal year Downtown Boat Slips Fund 2009/10. The Downtown Boat Slips are now scheduled to open in the Spring. At mid-year, budgeted revenues will be adjusted to reflect the shorter Revenues: _ operating period for fiscal year 2009/10. The Downtown Boat Slips are now scheduled to open in the Spring. At mid-year, budgeted expenditures will be adjusted to reflect the Expenditures: - shorter operating period for fiscal year 2009/10. Anticipated revenues of the Airpark Fund exceed anticipated Airpark Fund expenditures by $46,930 at first quarter fiscal year 2009/10. At first quarter, budget amendments reflect a budget decrease of Revenues: (8,000) $8,000 in anticipated sales of fuel. Expenditures: - No amendments are proposed at first quarter. 13 Item # 28 Attachment number 9 Page 2 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2009/10 Increase/ (Decrease) Description At first quarter, anticipated revenues of the Parking Fund exceed Parking Fund anticipated expenditures by $233,000 for fiscal year 2009/10. First quarter revenue amendments to the parking fund include: 1) an appropriation of $100,000 of undesignated retained earnings for project 315-92649, Surf Style Condominium-Parking Unit, to fund the contract with Chase Realty/Mark Searcy as approved by the Council on January 14, 2010; and 2) an appropriation of $3,300,000 of undesignated retained earnings for project 315-92649, Surf Style Condominium-Parking Unit, to fund the Development Agreement with Revenues: 3,400,000 L.O.M. Inc as approved by the Council on February 18, 2010. First quarter expenditure amendments to the parking fund include: 1) a transfer of $100,000 of undesignated retained earnings to project 315-92649, Surf Style Condominium-Parking Unit, to fund the contract with Chase Realty/Mark Searcy as approved by the Council on January 14, 2010; and 2) a transfer of $3,300,000 of undesignated retained earnings to project 315-92649, Surf Style Condominium- Parking Unit, to fund the Development Agreement with L.O.M. Inc as Expenditures: 3,400,000 approved by the Council on February 18, 2010. Anticipated revenues of the Harborview Fund equal anticipated Harborview Fund expenditures at first quarter fiscal year 2009/10. Revenues: - No amendments are proposed at first quarter. No amendments are proposed at first quarter. The 15% negative variance is strictly a timing variance in the payment for contract Expenditures: - services. 14 Item # 28 Attachment number 10 Page 1 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget 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/a 50,000 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 72,850 394 394 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 EXPEN DITURES 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 49,210 8,955 15% 194,070 TOTAL EXPENDITURES 194,070 58,165 49,210 8,955 15% - 194,070 15 Item # 28 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget 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 Item # 28 City of Clearwater Internal Service Funds Attachment number 11 First Quarter Amendments Page 1 of 1 FY 2009/10 Increase/ (Decrease) Description At first quarter, anticipated revenues of the General Services Fund equal General Services anticipated expenditures for fiscal year 2009/10. Revenues: No amendments are proposed at first quarter. Expenditures: No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Administrative Services Fund Administrative Services exceed anticipated expenditures by $205,410 for fiscal year 2009/10. First quarter amendments reflect the allocation of $25,846.22 of Administrative Service Fund retained earnings to cover the expenses incurred from the final payout of the Graphics Supervisor position and Revenues: 25,846 unemployment costs. First quarter expenditure amendments reflect an increase of $25,846.22 in personnel codes in the Graphic Communications budget to cover the final payout of the Graphics Supervisor position as well as unemployment Expenditures: 25,846 costs. At first quarter, anticipated revenues of the Garage Fund equal anticipated Garage Fund expenditures for fiscal year 2009/10. Revenues: No amendments are proposed at first quarter. Expenditures: No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Central Insurance Fund exceed Central Insurance anticipated expenditures by $952,950 for fiscal year 2009/10. First quarter amendments reflect an allocation of Central Insurance Fund reserves for $170,000 to support the Cigna HealthCare contract as approved by the Council on December 17, 2009. A second amendment reflects the return of $4,625,000 in Central Insurance Fund reserves which were advanced to project 315-93405, Downtown Boat Slips; these funds are able to be returned with the receipt of Penny for Pinellas funds and the Revenues: 4,795,000 annual CRA funds to the project for fiscal year 2009/10. First quarter expenditure amendments include an increase of $170,000 to fund the Cigna HealthCare contract as approved by the Council on December 17, 2009. Amendments also include increases in personnel codes to fund the payout of accrued leave upon the retirement of an Expenditures: 170,000 employee in Risk Management which is offset by other operating savings. 17 Item # 28 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 Attachment number 12 Page 1 of 2 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 4,951,540 1,237,887 1,237,371 (516) 0% 4,951,540 Non-Operating Revenue 40,000 10,000 10,347 347 3% 40,000 Transfers In - - - - n/a - Fund Reserves - - - - n/a - TOTAL REVENUES 4,991,540 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 & Maintenance 4,719,890 1,312,753 1,179,440 133,313 10% 4,719,890 TOTAL EXPENDITURES 4,991,540 1,389,713 1,258,277 131,436 9% 4,991,540 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 9,230,000 2,307,507 2,209,021 (98,486) -4% 9,230,000 Non-Operating Revenue 200,000 50,000 54,495 4,495 9% 200,000 Transfers In - - - - n/a - - Fund Reserves - - - n/a 25,846 25,846 TOTAL REVENUES 9,430,000 2,357,507 2,263,516 (93,991) -4% 25,846 9,455,846 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology/Admin 389,940 113,034 103,195 9,839 9% - 389,940 Information Tech / Network Svcs 2,222,230 602,623 369,803 232,820 39% 2,222,230 Info Tech / Software Applications 1,999,220 644,268 570,849 73,419 11% 1,999,220 Info Tech / Telecommunications 972,020 247,337 133,364 113,973 46% 972,020 Public Comm / Courier 182,640 47,350 56,736 (9,386) -20% - 182,640 Public Comm / Graphics - - 22,954 (22,954) n/a 25,846 25,846 Clearwater Customer Service 3,458,540 1,038,443 910,886 127,557 12% - 3,458,540 TOTAL EXPENDITURES 9,224,590 2,693,055 2,167,787 525,268 20% 25,846 9,250,436 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 12,202,140 3,050,535 2,759,114 (291,421) -10% 12,202,140 Non-Operating Revenue 622,400 155,601 154,687 (914) _1% 622,400 Transfers In - - - - n/a - Fund Reserves - - - n/a TOTAL REVENUES 12,824,540 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 Communications 632,380 164,057 74,381 89,676 55% 632,380 TOTAL EXPENDITURES 12,824,540 3,457,335 2,966,564 490,771 14% 12,824,540 18 Item # 28 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2009 - December 31, 2009 Attachment number 12 Page 2 of 2 2009/10 First First 2009/10 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 18,037,560 4,509,390 5,213,170 703,780 16% 18,037,560 Non-Operating Revenue 940,000 207,500 295,028 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/a 170,000 170,000 TOTAL REVENUES 19,161,320 4,867,651 5,519,448 651,797 13% 4,795,000 23,956,320 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management Human Resources / Employee Benefits Non-Departmental TOTAL EXPENDITURES 423,770 126,277 118,064 8,213 7% 13,000 436,770 329,980 93,604 88,260 5,344 6% - 329,980 17,454,620 4,363,656 3,679,432 684,224 16% 157,000 17,611,620 18,208,370 4,583,537 3,885,756 697,781 15% 170,000 18,378,370 19 Item # 28 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2009/10 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: ? 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. ? 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 20 Item # 28 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 1 of 8 Net Budget # Number Amount Amount Description Amendment Police Computer Network - CLOSE PROJECT To record a budget transfer in the amount of $100,000.00 of Lease Purchase revenue to project 316-94827, 1 316-91147 (100,000) Telecommunications Upgrade, and to close the project. (100,000) Beach Walk To record a budget decrease in the amount of $64,920.72 of General Fund revenue and return the funds to the General Fund retained earnings due to the completion of this project. This 2 315-92267 (64,921) project will be closed at mid year. To record a budget decrease in the amount of $13,567.61 of Developers Contributions due to the completion of this project 315-92267 (13,568) under bid. To reverse third quarter 2008/09 amendment # 3 in the amount of $397,506.98, of Central Insurance Fund reserves. The original agenda item resulting in that amendment was approved by City Council on August 6, 2009, but was meant to only be reflected at the fund level, and should not have been recorded as a project 362-92267 (397,507) amendment. To record a budget transfer in the amount of $30,490.00 of 2009 Water & Sewer Bond proceeds to project 376-96621, WWTP 376-92267 (30,490) New Presses. This is due to the completion of this project. (506,485) East Avenue Trail To record a budget decrease in the amount of $1,078,404.00 of FDOT Grant revenue. This amendment will bring the budget in line with the actual bid amount for this project. This was 3 315-92343 (1,078,404) approved by City Council on October 22, 2009. (1,078,404) Seashell Parking Lot - CLOSE PROJECT To record a budget transfer in the amount of $6,000,000.00 of Parking revenue to project 315-92649, Surf Style Condominium Parking Unit. This will establish the new project and close the Seashell Parking Lot project. This was approved by City Council 4 315-92641 (6,000,000) on February 18, 2010. (6,000,000) Surf Style Condominium Parking Unit. NEW PROJECT To record a budget transfer in the amount of $6,000,000.00 of Parking revenue from project 315-92641, Seashell Parking Lot. This will establish the new project and close the Seashell Parking Lot project. This was approved by City Council on February 18, 5 315-92649 6,000,000 2010. To record a budget increase in the amount of $3,300,000.00 of Parking revenue from retained earnings. This was approved by 315-92649 3,300,000 City Council on February 18, 2010. To record an additional budget increase in the amount of $100,000.00 of retained earnings of the Parking Fund, to provide realtor services in connection with obtaining property for the beach parking garage. This was approved by City Council on 315-92649 100,000 January 14, 2010. 9,400,000 Item # 28 21 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 2 of 8 Net Budget # Number Amount Amount Description Amendment 315-92822 37,950 25,000 30,000 Carpenter Field Infrastructure and Improvements To record a budget transfer in the amount of $25,000.00 of General Fund revenue from project 315-94510, Air Conditioning Replacements. This funding will provide for the remodeling of the baseball players restrooms and shower facilities and spectator areas at Carpenter Field. This was approved by City Council on December 17, 2009. 315-93203 315-93203 (30,000) Comm. Sports Complex Infra Repair-Improvements To record a budget transfer in the amount of $30,000.00 of General Fund revenue to project 315-93203, Carpenter Field Infrastructure and Improvements. This funding will provide for the additional costs due to significant building code requirements and landfill settlement problems in the spectator area at Carpenter Field. This was approved by City Council on December 17, 2009. 8 315-93205 9 315-93230 10 315-93248 (2,815) 11 315-93265 22,303 55,000 (30,000) Playground & Fitness Purchase - Replacement To record a budget transfer in the amount of $15,300.00 of General Fund revenue to project 315-93617, Morningside Aquatic Center and Park Renovation. This was approved by City (15,300) Council on February 18, 2010. (15,300) Miscellaneous Engineering To record a budget increase in the amount of $37,950.00 of General Fund revenue which was approved by City Council on February 4, 2010. The funding is for the removal of old railroad turnstile located in Clearwater Harbor west of the Seminole Street Boat Ramp. 37,950 To record a budget transfer in the amount of $30,000.00 of General Fund revenue from project 315-93205, Comm. Sports Complex Infra Repair & Improvements. This funding will provide for the additional costs due to significant building code requirements and landfill settlement problems in the spectator area at Carpenter Field. This was approved by City Council on December 17, 2009. National Guard Armory Renovations - CLOSE PROJECT To record a budget decrease in the amount of $2,814.76 of Sales Tax Infra - Penny for Pinellas, and return these funds to the Special Development Fund. This project is complete and will be closed. (2,815) Beach Library/Recreation Center Renovations To record a budget increase in the amount of $22,303.00 of General Fund revenue representing operating savings in the Parks and Recreation budget. This funding will cover unanticipated costs for the renovation of the Beach Library / Recreation Center. 22,303 Item # 28 22 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 3 of 8 Net Budget # Number Amount Amount Description Amendment Swimming Pool Repair and Replacement To record a budget transfer in the amount of $200,000.00 of General Fund revenue to project 315-93617, Morningside Aquatic Center. This was approved by City Council on February 12 315-93271 (200,000) 18, 2010. (200,000) Bayfront Promenade - CLOSE PROJECT To record a budget decrease in the amount of $48,105.08 of General Fund revenue and return the funds to General Fund retained earnings due to the completion of this project. This will 13 315-93402 (48,105) close the Bayfront Promenade project. (48,105) Downtown Boat Slips To record a budget decrease in the amount of $4,625,000.00 of Central Insurance Fund revenue that were advanced to the project, returning these funds to retained earnings of the Central Insurance Fund. These funds have now been offset with the allocation of $4,125,000.00 of Infrastructure Sales Tax and $500,000 of CRA funds that have been allocated to this project in 14 315-93405 (4,625,000) the 2009/10 adopted budget. (4,625,000) Dock Replacement & Repair To record a budget decrease in the amount of $20,000.00 of Marina Funds revenue, to reduce the project budget and offset 15 315-93429 (20,000) operating budget deficits in the current fiscal year. (20,000) Fuel System Replacement & Repair To record a budget decrease in the amount of $65,000.00 of Marina Funds revenue, to reduce the project budget and offset 16 315-93490 (65,000) operating budget deficits in the current fiscal year. (65,000) Marine Facility Dredging / Maintenance To record a budget decrease in the amount of $15,000.00 of Marina Funds revenue, to reduce the project budget and offset 17 315-93496 (15,000) operating budget deficits in the current fiscal year. (15,000) Lake Chautauqua Equestrian & Nature Preserve - CLOSE PROJECT To record a budget decrease in the amount of $13,052.30 of Florida Department of Community Affairs grant revenue. This will bring the budget in line with the actual revenue received. This 18 315-93601 (13,052) project is complete and will be closed. To record a budget decrease in the amount of $1,338.65 of Recreation Land Impact Fees, and return the funds to the Special Development Fund. This project is complete and will be 315-93601 (1,339) closed. (14,391) Item # 28 23 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 4 of 8 Net Budget # Number Amount Amount Description Amendment Morningside Aquatic Center and Park Renovation - NEW PROJECT To establish the project budget in the amount of $350,911.00 as follows: 1) To record a budget transfer in the amount of $200,000.00 of General Fund revenue from project 315-93271, Swimming Pool Repair and Replacement. 2) To record a budget transfer in the amount of $15,300.00 of General Fund revenue from project 315-93230, Playground & Fitness Purchase - Replacement. 3) To record a budget increase in the amount of $135,611.00 of Florida Recreation Development Assistance Program grant revenue. This was approved by City Council on 19 315-93617 135,611 215,300 February 18, 2010. 350,911 Air Conditioner Replacement City Wide To record a budget transfer in the amount of $25,000.00 of General Fund revenue to project 315-93203, Carpenter Field Infra Repairs & Improvements. This funding will provide for the remodeling of the baseball players restrooms and shower facilities and spectator areas at Carpenter Field. This was 20 315-94510 (25,000) approved by City Council on December 17, 2009. (25,000) Telecommunications Upgrade To record a budget transfer in the amount of $100,000.00 of Lease Purchase revenue, from project 316-91147, Police 21 316-94827 100,000 Computer Network. 100,000 Station Square Park - CLOSE PROJECT To record a budget decrease in the amount of $31,013.90 of Sales Tax Infra and return these funds to Fund 142, due to the 22 315-94848 (31,014) completion of this project. This project will be closed. To record a budget transfer in the amount of $2,679.68 of Stormwater revenue to project 315-96124, Storm Pipe System Improvement, due to the completion of this project. These two 315-94848 (2,680) amendments will close Station Square Park. (33,694) Storm Pipe System Improvements To record a budget transfer in the amount of $2,679.68 of Stormwater Utility revenue from project 315-94848, Station 23 315-96124 2,680 Square Park. This will close the Station Square Park project. To record a budget transfer in the amount of $1,059.37 of Stormwater Utility revenue from project 315-96141, Kapok Mobile Home Park. This will close the project Kapok Flood 315-96124 1,059 Resolution. 3,739 Kapok Flood Resolution - CLOSE PROJECT To record a budget transfer in the amount of $1,059.37 of Stormwater Utility revenue to project 315-96124, Storm Pipe System Improvements. This will close the Kapok Flood 24 315-96141 (1,059) Resolution project. (1,059) Item # 28 24 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 5 of 8 Net Budget # Number Amount Amount Description Amendment Alligator Creek Implementation Phase II - CLOSE PROJECT To record a budget decrease in the amount of $48,962.88 of SWFWMD Grant revenue due to the completion of this project 25 315-96154 (48,963) under bid. To record a budget transfer in the amount of $566,489.66 of Stormwater Utility revenue to project 315-96173, Alligator Creek Watershed project. These two amendments will close the 315-96154 (566,490) Alligator Creek Implementation Phase II project. (615,453) Alligator Creek Channel G Drain Improvement - CLOSE PROJECT To record a budget decrease in the amount of $24,852.41 of SWFWMD Grant revenue due to the completion of this project 26 315-96167 (24,852) under bid. This project will be closed. To record a budget transfer in the amount of $80,831.49 of Stormwater Utility revenue to project 315-96168, Storm System Expansion and $33,913.00 of Stormwater Utility revenue to project 315-96171, Alligator Creek Channel F Drainage. These two amendments will close Alligator Creek Channel G Drain 315-96167 (114,744) Improvement project. (139,597) Storm System Expansion To record a budget transfer in the amount of $80,831.49 of Stormwater Utility revenue from project 315-96167, Alligator Creek Channel G Drainage Improvements. Alligator Creek 27 315-96168 80,831 Channel G Drainage Improvements project will be closed. 80,831 Stevenson Creek To record a budget decrease in the amount of $1,000,000.00 of SWFWMD Grant revenue due to the cancellation of the Turner 28 315-96169 (1,000,000) Box Culvert project. (1,000,000) Alligator Creek Channel F Drainage Improvement To record a budget transfer in the amount of $33,913.00 of Stormwater Utility revenue from project 315-96167, Alligator Creek Channel G Drainage Improvements. This will close that 29 315-96171 33,913 project. 33,913 Item # 28 25 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 6 of 8 Net Budget # Number Amount Amount Description Amendment Alligator Creek Watershed Projects To record a budget transfer in the amount of $566,489.66 of Stormwater Utility revenue from project 315-96154, Alligator 30 315-96173 566,490 Creek Implementation Phase II, which will close that project. To record a budget increase in the amount of $200,000.00 of SWFWMD Grant revenue as approved by City Council on October 22, 2009. This funding will provide for digital topographic information, watershed evaluation, revised model and an 315-96173 200,000 updated watershed management plan. 766,490 Gas Main Extensions To record a budget increase in the amount of $100,000.00 of General Fund revenue to perpetuate the Clearwater Neighborhoods Expansion Program. This program will benefit the citizens by making clean and economical natural gas available to their homes. This was approved by the City Council on January 31 315-96385 100,000 14, 2010. 100,000 Expanded Energy Conservation - NEW PROJECT To establish the project budget in the amount of $2,075,709.31 of Gas revenue. The funding will enable Clearwater Gas System to accomplish the following four programs. 1) Residential Super S.A.V.E., 2) Commercial Conversion, 3) System-wide Neighborhood Expansion, and 4) Natural Gas Vehicle program. This was approved by the City Council on January 14, 2010. 32 315-96386 2,075,709 Bio-Solids Treatment To record a budget transfer in the amount of $445,000.00 of 2009 Water Sewer Bond proceeds to project 376-96624, Liquid Disinfection. This was approved by City Council on December 33 376-96611 (445,000) 17, 2009. To record a budget transfer in the amount of $263,134.00 of 2009 Water Sewer Bond proceeds to project 376-96739, Reclaimed Water Distribution System. This was approved by City 376-96611 (263,134) Council on December 17, 2009. To record a budget transfer in the amount of $1,176,030.00 in 2009 Water Sewer Bond proceeds to project 376-96664, WPC 376-96611 (1,176,030) R&R. This will allow the oldest bond revenue to be spent first. 2,075,709 To record a budget transfer in the amount of $1,176,030.00 in 2011 Water Sewer Bond proceeds from project 381-96664, WPC R&R. This will allow the oldest bond revenue to be spent 381-96611 1,176,030 first. (708,134) WWTP Headworks To record a budget increase in the amount of $20,464.19 in Other Governmental revenue representing reimbursements from the City of Safety Harbor. This will bring cash in the project in line 34 315-96620 20,464 with the project budget for reimbursements. 20,464 Item # 28 26 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 7 of 8 Net Budget # Number Amount Amount Description Amendment WWTP New Presses To record a budget transfer in the amount of $30,490.00 of 2009 Water & Sewer Bond proceeds from project 376-92267, Beach 35 376-96621 30,490 Walk, due to completion of the project under bid. 30,490 Liquid Disinfection To record a budget transfer in the amount of $445,000.00 of 2009 Water Sewer Bond proceeds from project 376-96611, Bio- Solids Treatment. This project includes the removal of the existing chlorine gas and sulfur dioxide gas systems and replaces them with permanent liquid chlorine solution and liquid bisulfite solution systems at both the Marshall Street and the East APCF's. This was approved by City Council on December 36 376-96624 445,000 17, 2009. 445,000 WPC R&R To record a budget transfer in the amount of $1,176,030.00 in 2009 Water & Sewer Bond proceeds from project 376-96611, Bio-Solids Treatment. This will allow for the oldest bond 37 376-96664 1,176,030 proceeds to be utilized first. To record a budget transfer in the amount of $1,176,030.00 in 2011 Water & Sewer Bond proceeds to project 381-96611, Bio- Solids Treatment. This will allow for the oldest bond proceeds to 381-96664 (1,176,030) be utilized first. Sanitary Sewer R & R To record a budget transfer in the amount of $2,921,470.00 in 2009 Water & Sewer Bond proceeds to project 376-96739, Reclaimed Water Distribution System. This will allow for the 38 376-96665 (2,921,470) oldest bond proceeds to be utilized first. To record a budget transfer in the amount of $2,921,470.00 in 2011 Water & Sewer Bond proceeds from project 381-96739, Reclaimed Water Distribution System. This will allow for the 381-96665 2,921,470 oldest bond proceeds to be utilized first. Item # 28 27 " indicates budget amendment only CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 8 of 8 Net Budget # Number Amount Amount Description Amendment Reclaimed Water Distribution System To record a budget transfer in the amount of $263,134.00 of 2009 Water Sewer Bond proceeds from project 376-96611, Bio- Solids Treatment. This funding is for supplemental work order for additional engineering design and support services during construction of the Clearwater Glen Oaks/Palmetto Reclaimed Water Distribution Project. This was approved by City Council on 39 376-96739 263,134 December 17, 2009. To record a budget transfer in the amount of $2,921,470.00 in 2009 Water Sewer Bond proceeds from project 376-96665, Sanitary Sewer R & R. This will allow for the oldest bond 376-96739 2,921,470 proceeds to be utilized first. To record a budget transfer in the amount of $2,921,470.00 in 2011 Water Sewer Bond proceeds to project 381-96665, Sanitary Sewer R & R. This will allow for the oldest bond 381-96739 (2,921,470) proceeds to be utilized first. 263,134 System R & R Capitalized To record a budget increase in the amount of $75,894.53 in Contributions from Developers revenue representing reimbursement from Majestic Point Condos. This will bring cash in the project in line with the project budget for reimbursements. 40 315-96741 75,895 75,895 41 376-96764 Reverse Osmosis Plant Expansion - Reservoir #1 To record a budget transfer in the amount of $2,236,250.00 in 2009 Water Sewer Bond proceeds from project 376-96767, Reverse Osmosis Plant @ Res #2. This will allow for the oldest 2,236,250 bond proceeds to be utilized first. To record a budget transfer in the amount of $2,236,250.00 in 2011 Water Sewer Bond proceeds to project 381-96767, Reverse Osmosis Plant @ Res #2. This will allow for the oldest 381-96764 (2,236,250) bond proceeds to be utilized first. Reverse Osmosis Plant @ Res #2 To record a budget transfer in the amount of $2,236,250.00 in 2009 Water Sewer Bond proceeds to project 379-96764, Reverse Osmosis Plant Expansion-Reservoir #1. This will allow 42 376-96767 (2,236,250) for the oldest bond proceeds to be utilized first. To record a budget transfer in the amount of $2,236,250.00 in 2011 Water Sewer Bond proceeds from project 381-96764, Reverse Osmosis Plant Expansion-Reservoir #1. This will allow 381-96767 2,236,250 for the oldest bond proceeds to be utilized first. TOTALS (1,381,607) (0) Item # 28 (1,381,607) 28 " indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/09 Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 375,994 (100,000) 275,994 275,994 0 C 1 91149 Police Homicide Vehicle 150,000 150,000 150,000 Sub-Total 525,994 (100,000) Fire Protection 91218 Fire Engine Replacement 450,000 91221 EMS Capital Equipment 1,052,316 91226 Vehicular Support 505,509 91229 Replace & Upgrade Airpacks 802,000 91236 Rescue Vehicle 462,967 91242 Fire Training Facility 4,915,000 91252 Station 48 Renovation/Expansion 651,500 91253 Main Station (Fire) 3,000,000 91255 Exhaust Systems 155,480 91256 Security Access Systems 90,380 91257 AED Program 60,500 91258 Ladder Truck Equipment 150,000 91259 Radio Replacements 201,500 91261 Personal Protection Equipment 592,990 91264 Fire Hose Replacement 50,000 Sub-Total 13,140,142 425,994 275,994 - 150,000 450,000 436,380 13,620 1,052,316 1,031,480 20,836 505,509 451,087 - 54,422 802,000 738,247 8,654 55,099 462,96gttw hM.J§9075 - - 4,915,000age I A6540,260 43,200 331,540 651,500 349,505 199,130 102,865 3,000,000 143,421 3,256 2,853,323 155,480 121,436 - 34,044 90,380 37,647 52,733 60,500 35,585 24,915 150,000 93,597 56,403 201,500 84,630 116,870 592,990 323,118 269,872 50,000 22,277 27,723 13,140,142 8,871,637 254,240 4,014,265 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,042,774 4,042,774 1,478,683 140,591 2,423,500 Sub-Total 4,042,774 - 4,042,774 1,478,683 140,591 2,423,500 Major Street Maintenance 92259 Traffic Calming 13,287,941 13,287,941 7,093,414 446,338 5,748,189 92267 Beach Walk 31,939,877 (506,485) 31,433,392 31,433,337 55 2 92268 Bluff to Beach Guideway 140,000 140,000 90,000 - 50,000 92270 Gulf to Bay/ Highland Improvement 1,500,000 1,500,000 25,874 - 1,474,126 92273 Streets and Sidewalks 11,317,055 11,317,055 3,226,326 1,525,502 6,565,227 92274 Bridge Maintenance & Improvements 1,749,820 1,749,820 191,158 2,000 1,556,662 92275 Downtown Streetscape- Phase II 2,626,764 2,626,764 133,089 62,911 2,430,764 Sub-Total 62,561,457 (506,485) 62,054,971 42,193,198 2,036,750 17,825,023 Sidewalks and Bike Trail 92339 New Sidewalks 550,849 550,849 468,500 - 82,349 92342 Beach Connector Trail 1,875,807 1,875,807 777,956 555,269 542,582 92343 East Avenue Trail 1,392,000 (1,078,404) 313,596 - 313,596 0 3 Sub-Total 3,818,656 (1,078,404) 2,740,252 1,246,456 868,865 624,932 Intersections 92551 City-Wide Intersection Improvement 1,020,848 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-11 2,706,910 2,706,910 1,374,791 28,100 1,304,019 Sub-Total 5,805,245 - 5,805,245 3,709,069 28,100 2,068,076 29 Item # 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/09 Amdmts Budget To Date Encumbran Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,461,603 1,461,603 593,285 30,594 837,723 92632 Parking Garage Structure Repair 1,468,432 1,468,432 704,951 - 763,481 92636 Parking Lot Improvement 1,697,627 1,697,627 1,283,912 84,466 329,249 92641 Seashell Parking Lot 6,000,000 (6,000,000) - - - - 92646 Station Square Parking 1,300,000 1,300,000 1,262,965 - 37,035 92648 Beach Parking Garage 8,252,065 8,252,065 8,252,065 92649 Surf Style Condominium Parking - 9,400,000 9,400,000 9,400,000 Sub-Total 20,179,727 3,400,000 23,579,727 3,845,113 115,060 19,619,554 Miscellaneous Engineering 92820 Memorial Causeway Br Replace 37,258,665 37,258,660nach2gq,,1qS8r84J§ age 8,012 261,813 92822 Miscellaneous Engineering 504,025 37,950 541,975 275,976 7,633 258,366 Sub-Total 37,762,690 37,950 37,800,640 37,264,816 15,645 520,179 Park Development 93203 Carpenter Field-Infras Rep/Improve 210,000 55,000 265,000 191,308 - 73,692 93204 Concrete Sidewalk & Pad Repair 562,913 562,913 512,589 50,324 93205 Com Sprts Cmp Infr Rep/Improve 455,822 (30,000) 425,822 325,376 100,446 93213 Park Amenity Purch & Rplcmnt 869,942 869,942 778,869 91,073 93229 Tennis Court Resurfacing 654,082 654,082 526,797 127,285 93230 Playgrd & Fitness Equip Purch-Repl 1,575,210 (15,300) 1,559,910 1,317,002 66,216 176,692 93246 Long Center Pool Project 925,000 925,000 925,000 - 93247 Fitness Equipment Replacement 125,000 125,000 58,679 66,321 93248 National Guard Armory Renovation 850,140 (2,815) 847,326 847,326 (0) 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 42,745 9,635 3,082,620 93262 Fencing Replacement Program 1,212,555 1,212,555 1,039,762 2,400 170,393 93263 Public Art Maintenance 1,498 1,498 - 1,498 93264 Enterprise Road Dog Park 468,949 468,949 451,425 17,120 404 93265 Beach Library/Rec Ctr Renovations 814,873 22,303 837,176 805,537 4,000 27,639 93269 Light Replacement 1,775,677 1,775,677 1,727,224 11,075 37,378 93271 Swimming Pool R&R 474,401 (200,000) 274,401 243,633 750 30,018 93272 Bicycle Paths-Bridges 2,450,000 2,450,000 1,112,025 30,985 1,306,990 93273 Restrooms on Clearwater Beach 588,000 588,000 66,509 34,022 487,469 93277 Harborview Infra Rep/Impr 635,451 635,451 384,613 2,041 248,797 93278 Long Center Infra Repairs 419,104 419,104 368,995 42,047 8,062 93286 Parking Lot/Bike Path Rsr/Imprv 456,943 456,943 362,379 2,490 92,074 93601 Lake Chaut Equest & Nat Preserve 3,695,000 (14,391) 3,680,609 3,680,609 - 93602 Sp Events Equip Rep & Rplcmnt 90,000 90,000 47,304 - 42,696 93604 Brdwlks & Docks Rep & Rplcmnt 195,000 195,000 47,475 - 147,525 93606 Carpenter Complex Clubhouse Ren 3,200,000 3,200,000 2,936,058 233,382 30,560 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 60,000 38,357 21,643 - 93608 Misc Minor Public Art 13,553 13,553 2,125 304 11,124 93612 McMullen Tennis Complex 400,000 400,000 6,691 - 393,309 93613 Clw. Country Club Repair & Renova 50,000 50,000 - 50,000 93614 Royalty Theater Acquisition 2,650,000 2,650,000 2,542,659 - 107,341 93615 Aging Well Center 2,229,720 2,229,720 65,656 678,738 1,485,326 93616 Joe DiMaggio Sports Comp Renova 3,600,000 3,600,000 - - 3,600,000 93617 Morningside Aquatic Ctr & Pk Reno - 350,911 350,911 - - 350,911 Sub-Total 34,843,833 165,708 35,009,541 21,454,727 1,156,848 12,397,966 10 11 12 18 19 30 Item # 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Description Budget 10/1/09 Amdmts Revised Budget Actual Expenditures Project Open To Date Encumbran Available Balance Amend Status Ref Marine Facilities 93402 Bayfront Promenade 1,375,589 (48,105) 1,327,484 1,327,484 - C 13 93403 Beach Guard Facility Maint 50,000 50,000 27,297 24,455 (1,752) 93405 Downtown Boat Slips 17,147,893 (4,625,000) 12,522,893 7,440,145 4,325,274 757,474 14 93408 Bch Rec Ctr Boat Ramp Rplcmnt 700,000 700,000 162,482 76,800 460,718 93410 Downtown Boat Slips Maintenance 15,000 15,000 - - 15,000 93413 Utilities/Services Replace 403,966 403,966 391,254 12,712 93429 Dock Replacement & Repair 369,040 (20,000) 349,040 342,005 7,035 15 93490 Fuel System R&R 134,792 (65,000) 69,792 60,098 9,694 16 93495 Dock Construction 24,858 24,858 16,408 8,450 93496 Marine Fac Dredge/Maint 576,781 (15,000) 561,781 551,448 - 10,333 17 93497 Docks & Seawalls 686,085 686,089 ttachment32r7p7d$ 190,142 168,232 93499 Pier 60/Sailing Center Maint 166,952 166,951 age s of 6153,307 13,645 Sub-Total 21,650,956 (4,773,105) 16,877,851 10,799,639 4,616,671 1,461,541 Airpark 94817 Airpark Maint & Repair 90,000 90,000 74,335 15,665 94846 FBO Bldg Improvements 425,000 425,000 177,648 229,552 17,800 94858 Airpark Security Improvements 166,799 166,799 108,788 - 58,011 Sub-Total 681,799 - 681,799 360,771 229,552 91,476 Libraries 93527 Books & Other Lib Mat - II 4,698,981 4,698,981 3,915,534 4,360 779,087 Sub-Total 4,698,981 - 4,698,981 3,915,534 4,360 779,087 Garage 94233 Motorized Equip-Cash II 739,731 739,731 632,038 107,693 94234 Motorized Equip - LP II 21,319,841 21,319,841 17,410,863 1,475,892 2,433,086 94238 Police Vehicles 300,000 300,000 253,567 46,433 Sub-Total 22,359,572 - 22,359,572 18,042,901 1,729,459 2,587,212 Building Maintenance 94510 Air Cond Replace-City Wide 2,323,351 (25,000) 2,298,351 1,891,851 119 406,381 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 Facilities 844,380 844,380 364,969 479,411 94518 Fencing of Facilities 164,811 164,811 121,400 43,411 94519 Flooring for Facilities 890,872 890,872 667,588 223,284 94521 Elevator Refurbish/Modernization 220,000 220,000 - 220,000 94524 Long Center Major Infrst Imprvmts 2,662,500 2,662,500 2,654,955 7,545 Sub-Total 9,303,883 (25,000) 9,278,883 7,125,747 119 2,153,018 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 164 - 108,586 94624 Harborview Demolition 950,000 950,000 70 949,930 Sub-Total 1,058,750 - 1,058,750 234 - 1,058,516 20 31 Item # 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/09 Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 1,706,478 1,706,478 1,366,105 38,775 301,598 94736 Geographic Information Sys 1,052,726 1,052,726 906,556 21,000 125,170 94761 Poll Stor Tank Rem/Repl-Gen Fd 433,658 433,658 244,249 189,409 94801 Tidemark Upgrade 802,623 802,623 661,379 - 141,244 94803 Environmental Assmt & Clean-up 803,664 803,664 312,361 491,303 94814 Network Infra & Server Upgr 1,535,057 1,535,057 1,092,248 442,809 94820 HR Peoplesoft Upgrade 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 275,000 275,000 179,290 95,710 94827 Telecommunications Upgrade 229,000 100,000 329,000 - 329,000 21 94828 Financial Systems Upgrades 526,628 526,628 111,661 2,493 412,474 94829 CIS Upgrades / Replacement 597,376 597,376, ttachment1i721fa46 - 424,730 94830 MS Licensing / Upgrades 425,000 425,00d a,e 4 of 6412,252 12,748 94833 Computer Monitors 320,000 320,000 302,647 17,353 94839 Roadway & Traffic Asset Mgt 420,000 420,000 - 420,000 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 12,390 387,610 94848 Station Square Park 519,620 (33,694) 485,926 485,926 (0) C 22 94850 Backfile Conversion of Records 500,000 500,000 103,607 395,016 1,377 94857 Accela Permitting & Code Enforce 50,000 50,000 - - 50,000 Sub-Total 11,046,829 66,306 11,113,136 6,438,738 457,282 4,217,115 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 7,844,651 3,739 7,848,390 6,461,605 108,386 1,278,399 23 96125 Town Lake 7,610,847 7,610,847 7,513,171 73,076 24,600 96129 Stev Ck Estuary Restor 6,037,055 6,037,055 4,769,059 - 1,267,996 96137 FDEP Compliance 1,008,000 1,008,000 721,807 286,193 96141 Kapok Flood Resolution - (1,059) (1,059) (1,059) - C 24 96152 Lake Bellevue Stormwater Imp 2,351,163 2,351,163 1,214,991 671,702 464,470 96154 Alligator Creek Implemt- II 1,772,331 (615,453) 1,156,878 1,156,878 - C 25 96158 Transfer Yard Upgrade 309,325 309,325 109,401 11,361 188,563 96164 Allen's Creek Improvement Projects 499,250 499,250 1,375 - 497,875 96166 Spring Branch Enhancement Proj 1,202,077 1,202,077 124,151 77,975 999,951 96167 Alligator Creek Chan G Drain Impr 992,074 (139,597) 852,477 852,477 - C 26 96168 Stormwater System Expansion 786,000 80,831 866,831 - - 866,831 27 96169 Stevenson Creek 3,324,745 (1,000,000) 2,324,745 12,414 - 2,312,331 28 96170 Coastal Basin Projects 6,134,079 6,134,079 1,192,274 65,138 4,876,667 96171 Alligator Creek Chan F Drain Impr 1,792,274 33,913 1,826,187 62,726 1,356,062 407,399 29 96172 Vaccon Cleaner 300,000 300,000 - - 300,000 96173 Alligator Creek Watershed Projects 250,000 766,490 1,016,490 - 400,000 616,490 30 Sub-Total 42,213,871 (871,136) 41,342,735 24,191,270 2,763,700 14,387,765 32 Item # 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/09 Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R-Maintenance 1,083,038 1,083,038 1,035,779 10,812 36,447 96739 Reclaimed Water Dist Sys 58,781,651 263,134 59,044,785 40,524,993 11,403,375 7,116,417 39 96740 Water Supply/Treatment 5,522,032 5,522,032 4,326,088 10,976 1,184,968 96741 System R & R-Capitalized 8,800,901 75,895 8,876,796 7,966,457 910,339 40 96742 Line Relocation-Capitalized 11,850,165 11,850,165 8,913,734 344,724 2,591,707 96743 Mtr Bkflow Prev Dev/Change 4,699,182 4,699,182 2,073,796 2,625,386 96744 System Expansion 2,749,673 2,749,673 1,440,359 4,423 1,304,891 96750 Well Rehabilitation - - (4,689) - 4,689 96752 Water Service Lines 4,876,792 4,876,792 3,292,019 180,470 1,404,303 96757 Water Pick Up Trucks 112,801 112,801 79,021 - 33,780 96758 Fluoride in Water System 83,780 83,78a ttachment n863?596 184 96760 Elevated Water Tanks Upgrade 3,208,600 3,208,606 age 5 cot 138,038 - 1,070,562 96761 Telemetry for Wells 675,952 675,952 137,564 18,530 519,858 96763 Wellfield Expansion 3,307,310 3,307,310 970,402 1,957,759 379,149 96764 RO Plant Exp Res #1 8,482,485 8,482,485 1,247,265 2,760,783 4,474,437 41 96766 Water Quality Monitoring Devices 600,000 600,000 8,255 - 591,745 96767 RO Plant Exp Res #2 6,971,250 6,971,250 1,328,264 169,841 5,473,145 42 96768 Rebate Well, Lk, Pnd IrrAbandmt 200,000 200,000 7,940 - 192,060 Sub-Total 122,005,612 339,029 122,344,640 75,568,881 16,861,693 29,914,066 Sewer System 96202 WWTP Screw Pump Replacement 1,149,860 1,149,860 33,249 101,720 1,014,891 96203 SCBA Equipment 42,540 42,540 - - 42,540 96611 Bio-Solids Treatment 10,711,918 (708,134) 10,003,784 7,663,046 6 2,340,732 33 96615 Odor Control 820,182 820,182 663,355 - 156,827 96619 WWTP Generator Replacements 5,019,731 - 5,019,731 1,440,896 1,247,088 2,331,747 96620 WWTP Headworks 6,439,651 20,464 6,460,115 5,796,203 417,973 245,940 34 96621 WWTP New Presses 1,778,786 30,490 1,809,276 205,905 13,167 1,590,204 35 96622 WWTP Aeration Imp 3,897,000 3,897,000 2,485,586 1,379,332 32,082 96624 Liquid Disinfection 1,038,310 445,000 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 Accmmdtn 3,885,693 3,885,693 3,214,120 103,784 567,789 96645 Laboratory Upgrade & R&R 1,016,259 1,016,259 806,565 209,694 96654 Facilities Upgrade & Improvement 2,893,347 2,893,347 1,750,716 92,120 1,050,511 96664 WPC R & R 12,343,510 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 Pump 2,010,400 2,010,400 40,350 54,636 1,915,414 96670 Poll Stor Tank Remov-WPC 207,756 207,756 192,933 14,823 96686 Pump Station Replacement 14,219,027 14,219,027 11,925,242 89,262 2,204,523 Sub-Total 101,042,249 (212,180) 100,830,069 63,116,077 5,348,535 32,365,457 Gas System 96358 Environmental Remediation 1,889,294 1,889,294 889,098 660 999,536 96365 Line Relocation-Pinellas Maint 1,651,089 1,651,089 383,784 - 1,267,305 96367 Gas Meter Change Out-Pinellas 1,340,000 1,340,000 153,077 - 1,186,923 96374 Line Relocation-Pinellas Capital 2,836,983 2,836,983 1,593,748 40,475 1,202,760 96376 Line Relocation - Pasco Maint 630,000 630,000 27,618 - 602,382 96377 Pinellas New Main / Service Lines 14,351,957 14,351,957 11,585,470 23,407 2,743,080 96378 Pasco New Mains / Service Lines 10,950,782 10,950,782 7,606,988 13,978 3,329,816 96379 Pasco Gas Meter Change Out 820,000 820,000 5,474 - 814,526 96381 Line Reloc-Pasco-Capital 755,000 755,000 954 - 754,046 96382 Gas Inventory- Work Mgmt Sys 992,000 992,000 694,526 10,908 286,566 96384 Gas Building Renovation 799,675 799,675 126,336 - 673,339 96385 Gas Main Extensions 1,257,845 100,000 1,357,845 630,822 727,023 31 96386 Expanded Energy Conservation - 2,075,709 2,075,709 - 2,075,709 32 Sub-Total 38,274,625 2,175,709 40,450,334 23,697,894 89,428 16,663,012 33 Item # 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/09 Amdmts Budget To Date Encumbran Balance Status Ref Solid Waste 96426 Facility R & R 1,476,752 1,476,752 1,223,637 19,210 233,905 96438 Vehicle Acquisition 906,461 906,461 777,258 - 129,203 96440 Improvements to SW Complex 208,785 208,785 92,574 - 116,211 96442 SW Vehicle Replacements 1,359,769 1,359,769 544,815 297,398 517,556 96443 Res Container Acquisition-II 861,741 861,741 533,055 75,904 252,782 96444 Comm Container Acquisition-11 1,700,020 1,700,020 915,383 109,278 675,359 Sub-Total 6,513,528 - 6,513,528 4,086,722 501,790 1,925,016 Utility Miscellaneous 96516 Citywide Aerial Photo 155,533 155,533 150,283 - 5,250 96523 Pub Utilities Adm Bldg R&R 287,054 287,054aep F"'e Ff9'BbO6I 88,991 Sub-Total 442,587 - 442,587 348,346 - 94,241 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 367,935 303,990 96805 Recyc Expan/Prom/R&R 987,923 987,923 675,582 - 312,341 96806 Recycling Equip Replacement 2,631,437 2,631,437 1,705,914 155,941 769,582 Sub-Total 4,291,285 - 4,291,285 2,749,431 155,941 1,385,913 TOTAL ALL PROJECTS 568,265,042 (1,381,607) 566,883,435 360,781,877 37,374,628 168,726,929 34 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Attachment number 16 Planning Page 1 of 9 Electronic Plan Submittal & Review - To establish a $244,000.00 budget representing Energy Block Grant from the US Department of Energy in the maximum amount of $1,075,400.00. The grant was divided into four programs. This portion of the grant will be used to purchase electronic plan submittal and review computer program to work in conjunction with our permitting software, upgrade our internal computers and monitors to accommodate the new software requirements and purchase computer servers for storing electronic plans. Approved by City Council 1 99857 244,000 October 22, 2009. 244,000 Planning Total: 244,000 0 244,000 Public Safety Programs 2 99259 100,000 3 99260 6,625 4 99264 9,070 Hispanic Outreach Center - To establish the project and record a budget increase of $100,000.00 in grant revenue from FDLE, approved by the City Council February 4, 2010. This will provide funding for Pinellas Core Management Services to continue to administer Operation Apoyo Hispano. Rosetta Stone - To establish the project and record a budget increase of $6,625.00 in grant revenue from FDLE. Approved by the City Council February 4, 2010. This will provide funding to purchase an online subscription that will give users access to the Rosetta Stone courseware. School Resource Officers - To record a budget increase of $9,070.12 in revenue from the Pinellas County School Board. This represents reimbursements received for overtime worked at school functions. 100,000 6,625 9,070 35 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Attachment number 16 Page 2 of 9 AmeriCorps 2008 - To record a budget decrease of $9,415.07 in Other State Grant revenue and a budget transfer of $1,124.24 in Fines & Forfeiture revenue to 181-99331, Special Law Enforcement Trust Fund. This will return the revenue to the project it originally came from. The project is finished and can be 5 99269 (9,415) (1,124) closed. (10,539) Clearwater Human Trafficking - To record a budget increase of $50,000.00 in grant revenue from Department of Justice/Bureau of Justice Assistance (DOJ/BJA). This was approved by the City Council on October 1, 2009 to fund the continuation of this project for a one-year period. Originally this funding was to be accounted for in a separate project, 181-99267. However, we have since received instruction from DOJ/BJA that this funding must be 6 99277 50,000 accounted for in the original project. 50,000 Police Recruitments - To record a budget increase of $155.00 in reimbursement revenue. This represents actual reimbursements 7 99279 155 received. 155 Federal Forfeiture - Treasury - To record a budget increase of $4,001.02 in revenue from the Department of Justice. This will recognize 8 99281 4,001 actual revenue already received. 4,001 COPS 2004 Technology - To record a budget decrease of $1,619.00 in grant revenue from the US Department of Justice. The project is complete and no additional grant funding is 9 99286 (1,619) required. (1,619) Justice Assistance Grant - To record a budget increase of $725.11 in interest earnings. This represents interest earned in the prior fiscal year. The project is complete and can be 10 99299 725 closed. 725 36 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Number Number Amount Intrafund Transfer Net Budget Amount Description Amendment Attachment number 16 Page 3 of 9 11 99310 2,525 12 99317 12,013 13 99325 5,000 14 99329 50,196 15 99330 226,359 (100,000) K-9 Equipment - To record a budget increase of $2,525.00 in donation revenue. This represents actual donations received from citizens and the Clearwater Kennel Club. 2,525 Police Education Fund - To record a budget increase of $12,012.53 in Police Education Fine revenue. This reflects actual revenue received and will bring the budget in line with the actual revenue received . 12,013 Citizens Police Academy - To record a budget transfer of $5,000.00 in Fines & Forfeiture revenue from project 181-99356, Safe Neighborhood Program. This will provide continuous funding to support the Citizens Police Academy program. 5,000 Investigative Cost Recovery -To record a budget increase of $50,196.16 in Fines, Forfeitures & Penalties revenue. This reflects actual revenue received and will bring the budget in line with actual revenue received. 50,196 Florida Contraband Forfeiture Fund - To record a budget increase of $226,358.82 in Fines, Forfeitures & Penalties revenue. This reflects actual revenue received and will bring the budget in line with actual revenue received. To record a budget transfer of $100,000 in Fines, Forfeitures & Penalties revenue to 181- 99331, Special Law Enforcement Trust Fund. 126,359 37 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Attachment number 16 Page 4 of 9 Special Law Enforcement Trust Fund -To record a budget transfer of $1,124.24 in Fines, Forfeitures & Penalties revenue from 181- 99269, AmeriCorps 2008. This represents the return of unspent funds provided for a grant match. To record a budget transfer of $100,000.00 in Fines, Forfeitures & Penalties revenue from 181-99330, Florida Contraband 16 99331 101,124 Forfeiture Fund. 101,124 Vehicle Replacement - To record a budget transfer of $16,290.00 in Police Services revenue from 181-99908, Extra Duty Program. This represents revenue collected for the previous two quarters (July thru September 2009 and October thru December 2009) for 17 99350 16,290 vehicle usage on extra duty jobs. 16,290 Safe Neighborhood Program - To record a transfer of $5,000.00 in Fines, Forfeitures & Penalties revenue to 181-99325, Citizens Police Academy to provide continued funding the Citizens Academy program. To record a budget transfer of $21,406.56 in Fines, Forfeitures & Penalties revenue from 181-99947, Safe Neighborhood TV Specialist. The TV Specialist position has been eliminated from the budget 18 99356 16,407 and does not need to be funded. 16,407 Federal Forfeiture Sharing - To record a budget increase of $65,545.75 in US Department of Justice revenue. This reflects actual revenue received and will bring the 19 99387 65,546 budget in line with actual revenue in the project. 65,546 Safe Neighborhood TV Specialist - To record a budget transfer of $21,406.56 in Fines & Forfeiture revenue to 181-99356, Safe Neighborhood Program. The TV Specialist position has been eliminated in the budget and 20 99947 (21,407) no longer needs to be funded. (21,407) Public Safety Program Totals: 516,180 16,290 532,470 38 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer Community Development Programs 21 99621 22 99622 23 99623 24 99632 25 99635 Community Development: Total: Social Services Program (118) (5,096) 5,214 Amount Description Attachment number 16 Page 5 of 9 Economic Development 2009 - To record a $117.83 budget transfer to 181-99263 Program Administration 2009, for 2009 Economic Development Program delivery costs. Housing Rehab 2009 - To record a $5,095.67 budget transfer to 181-99623 Program Administration 2009, for 2009 Rehab program delivery costs. Program Administration 2009 - To record a $5,213.50 budget transfer from 181-99622 Housing Rehab 2009 and 181-99621 Economic Development 2009, for 2009 Program delivery costs associated with Rehab and Economic Development. Housing Rehab 2010 - To record a $140,000.00 budget transfer from 181-99635, Relocation/Demolition 2010 to record fiscal year 2009/2010 Rehab Program delivery per 140,000 consolidated action plan. (140,000) 0 0 26 99538 15,540 Social Services Program Total: 15,540 0 Relocation/Demolition 2010 - To record a $140,000.00 budget transfer to 181-99632, Housing Rehab 2010 to record fiscal year 2009/2010 Rehab program delivery per consolidated action plan. Affordable Housing Impact Fees - To record a budget increase of $15,540.15 in interest earnings to match budgeted revenues with actual revenues received. Net Budget Amendment (118) (5,096) 5,214 140,000 (140,000) 0 15,540 15,540 39 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Attachment number 16 Marine Program Page 6 of 9 Sembler Mitigation Project - To record a budget increase of $17,180.78 in interest earnings to match budgeted revenues with 27 99704 17,181 actual revenues received. 17,181 Beach Guard Donations - To record a budget increase of $2,500.00 in donations to match budgeted revenues with actual revenues 28 99707 2,500 received. 2,500 Marine Program Totals: 19,681 0 19,681 Miscellaneous Programs: Neighborhood Services Grants - To record a budget decrease in the amount of $8,309.23 of General Fund revenue and return the funds to General Fund retained earnings due to the elimination of this program. This will close the 29 99834 (8,309) project. (8,309) Special Events YR 07-08 - To record a $437,598.70 budget increase representing; $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 Machine Commission to match budgeted 30 99851 437,599 revenue with actual revenue received. 437,599 LEED Training & Certification - To establish an $18,000.00 budget representing an Energy Block Grant from the US Department of Energy in the maximum amount of $1,075,400.00. The grant was divided into four programs. This program will be used to purchase various training materials such as CD's, web classes, books; enroll staff members in classes offered by various originations focusing on the LEED Program and pay for certification tests for staff. 31 99856 18,000 Approved by City Council October 22, 2009. 18,000 40 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer Amount Description Attachment number 16 Page 7 of 9 32 99858 350,000 33 99859 463,400 34 99861 50,000 Clearwater Energy Efficiency Conservation and Mobility Strategies - To establish a $350,000.00 budget representing Energy Block Grant from the US Department of Energy in the maximum amount of $1,075,400.00. The grant was divided into four programs. This portion of the grant is a two part planning project that consists of research, data analysis, policy development and implementation related to energy efficiency, conservation and energy usage. Energy Efficiency Retrofit in City Facilities - To establish a $463,400.00 budget representing Energy Block Grant from the US Department of Energy in the maximum amount of $1,075,400.00. The grant was divided into four programs. This portion of the grant will be for an Energy Efficiency project to provide for a variety of efficiency improvements in a large number of city facilities in City Hall, Gas Administration, Long Center, Garden Ave garage, General Services, and Countryside Police Department Approved by City Council October 22, 2009. Gas GIS Upgrade - To establish a $50,000.00 technical assistance grant from the Department of Transportation/Pipeline and Hazardous Materials Safety Administration to perform upgrades to our Geographic Information System (GIS). These upgrades include scanning and digitizing of our old microfilmed service line cards. Approved by City Council October 22, 2009. Net Budget Amendment 350,000 463,400 50,000 41 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Attachment number 16 Page 8 of 9 State Brownfield Redevelopment - To record a budget increase of $1,224.38 in interest revenue to match budgeted revenues with 35 99871 1,224 actual revenues received. 1,224 Coordinated Child Care - Ross Norton - To establish a $100,369.00 budget representing funds from Coordinated Child Care to fund teen programs. The program was developed to nurture teenagers at the Clearwater neighborhoods in which teens need the most directions. Approved by City Council October 36 99872 100,369 1, 2009. 100,369 Coordinated Child Care - North Greenwood - To establish a $100,369.00 budget representing funds from Coordinated Child Care to fund teen programs. The program was developed to nurture teenagers at the Clearwater neighborhoods in which teens need the most directions. Approved by City Council October 37 99873 100,369 1, 2009. 100,369 Teen Club - To record a budget increase of $5.00 in Donations revenue to match budgeted 38 99889 5 revenues with actual revenues received. 5 Fire Department Honor Guard - To record a budget increase of $1,700.00 in Donations revenue to match budgeted revenues with 39 99898 1,700 actual revenues received. 1,700 Police Extra Duty Program - To record a budget increase of $250,490.00 in Police Services revenue, to reflect actual revenue collected for extra duty jobs. To record a budget transfer of $16,290.00 in Police Services revenue to project 181-99350, 40 99908 250,490 (16,290) Vehicle Replacement. 234,200 42 Item # 28 Special Program Fund First Quarter Budget Amendments October 1, 2009 - December 31, 2009 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer 41 99910 1,778 42 99962 4,280 43 99970 103,248 44 99998 100 Miscellaneous Programs Total: 1,874,253 (16,290) Grand Total: 2,669,654 (0) Amount Description Attachment number 16 Page 9 of 9 Library Special Account - To record a budget increase of $1,778.49 in donations revenue to match budgeted revenues with actual revenues received. Park & Recreation Specified & Gift Program - To record a budget increase of $4,279.59 in donation revenue to match budgeted revenues with actual revenue received. Tree Replacement Program - To record $103,248.00 budget increase in fines, forfeitures & penalties to match budgeted revenues with actual revenues received. Safety Village - To record a budget increase of $100.00 in donation revenue to match budgeted revenues with actual revenue received. Net Budget Amendment 1,778 4,280 103,248 100 1,857,963 2,669,654 43 Item # 28 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/2009 Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 0 40,000 29,977 0 10,023 99142 Design Review 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 0 15,000 0 0 15,000 99144 Boos Development Mitigation 250,000 0 250,000 51,149 30,043 168,808 99857 Stimulus - Electronic Plan Submittal & Re 0 244,000 244,000 112,000 132,000 1 Sub-Total 360,050 244,000 604,050 227,036 30,043 346,971 PUBLIC SAFETY PROGRAMS 99259 Hispanic Outreach Center 0 100,000 100,000 0 0 100,000 2 99260 Rosetta Stone 0 6,625 6,6nchment number 170 0 6,625 3 99261 Americorps Clearwater 2010 209,123 0 a 209,123 etof3 0 0 209,123 99262 Investigative Cost Recovery Officers 564,980 0 564,980 169,622 0 395,358 99263 Buffer Zone Protection Prog II 192,461 0 192,461 191,566 0 895 99264 School Resource Officers 262,642 9,070 271,712 92,103 0 179,609 4 99265 AmeriCorp Clearwater 2009 207,006 0 207,006 199,273 0 7,733 99268 Human Trafficking Immersion Training 99,730 0 99,730 50,875 2,050 46,805 99269 AmeriCorps Clearwater 2008 194,242 (10,539) 183,703 183,703 0 (0) 5 99274 Homeless Shelter 07 473,171 0 473,171 473,171 0 0 99275 Bulletproof Vest Pasrtnership '06 35,801 0 35,801 6,241 0 29,560 99277 Clearwater Human Trafficking 450,000 50,000 500,000 334,400 0 165,600 6 99279 Police Recruitments 50,000 155 50,155 37,875 0 12,280 7 99281 Fed Forfeitures - Treasury 139,329 4,001 143,330 20,871 0 122,459 8 99282 COPS Technology 2005 246,661 0 246,661 246,661 0 0 C 99286 COPS 2004 Technology 692,634 (1,619) 691,015 691,015 0 0 C 9 99290 Traffic Safety Fund 1,841 0 1,841 1,517 0 324 99299 Justice Assistance Grant 75,380 725 76,105 76,105 0 0 C 10 99310 K-9 Equipment 28,758 2,525 31,283 28,485 0 2,798 11 99316 Police Volunteers 115,421 0 115,421 95,313 0 20,108 99317 Police Education Fund 1,065,487 12,013 1,077,500 953,328 0 124,172 12 99325 Citizen's Police Academy 34,113 5,000 39,113 30,356 0 8,757 13 99329 Investigative Recovery Costs 1,271,535 50,196 1,321,731 1,201,315 0 120,416 14 99330 FL Contraband Forfeiture Fnd 528,159 126,359 654,518 550,795 0 103,723 15 99331 Law Enforcement Trust Fd 2,541,073 101,124 2,642,197 2,472,353 0 169,844 16 99350 Vehicle Replacement Fund 113,751 16,290 130,041 0 0 130,041 17 99353 DUI Education Program 3,000 0 3,000 1,420 0 1,580 99356 Safe Neighborhood Program 669,485 16,407 685,892 198,417 0 487,475 18 99363 DUI Equipment Fund 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 23,095 0 23,095 18,130 0 4,965 99387 Federal Forfeiture Sharing 890,822 65,546 956,368 589,881 6,264 360,223 19 99947 Safe Neighborhood TV Specialist 588,647 (21,407) 567,240 567,241 0 0 C 20 Sub-Total 11,787,347 532,470 12,319,817 9,500,921 8,314 2,810,583 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 0 115,000 49,334 0 65,666 99612 Public Facilities 2008 373,918 0 373,918 135,201 0 238,717 99613 Economic Development 34,233 0 34,233 34,233 0 0 99614 Housing Rehab 2008 87,387 0 87,387 87,387 0 0 99615 Program Administration 2008 177,691 0 177,691 165,674 0 12,017 99617 Relocation/Demolition'08 191,670 0 191,670 99,254 0 92,416 99618 Infill Housing 2008 1,583,244 0 1,583,244 1,190,359 0 392,885 99619 Public Services 2009 177,062 0 177,062 109,428 48,632 19,002 99620 Piblic Facilities 2009 330,699 0 330,699 140,628 62,048 128,023 99621 Economic Development 2009 30,000 (118) 29,882 28,286 0 1,596 21 99622 Housing Rehab 2009 311,913 (5,096) 306,817 121,091 0 185,726 22 99623 Program Administration 2009 155,958 5,214 161,172 161,171 0 1 23 44 Item # 28 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/2009 Amdmt Budget To Date Encumbr Balance Status Ref 99624 Fair Housing 2009 29,284 0 29,284 29,284 0 0 99625 Relocation/Demolition 2009 40,670 0 40,670 0 0 40,670 99626 Infill Housing 2009 131,742 0 131,742 30,000 0 101,742 99627 CDBG-R East Gateway Fapade Imprmt 80,000 0 80,000 0 0 80,000 99628 CDBG-R East Gateway Sidewalk Imprmt 146,395 0 146,395 0 38,228 108,167 99629 CDBG-R Program Administration 25,154 0 25,154 0 0 25,154 99630 Public Facilities 2010 195,710 0 195,710 0 195,710 0 99631 Economic Development 2010 10,000 0 10,000 0 0 10,000 99632 Housing Rehab 2010 185,921 140,000 325,921 33,022 0 292,899 99633 Program Administration 2010 186,562 0 186,562 44,198 0 142,364 99634 Fair Housing 2010 29,984 0 29'14 h 6,?17.?4 t 25,559 0 99635 Relocation/Demolition 2010 140,000 (140,000) c PQe 2 men num of 3 0 0 0 99636 Infill Housing 2010 35,000 0 35,000 11,972 0 23,028 99637 Public Services 2010 149,632 0 149,632 1,645 140,987 7,000 Sub-Total 4,954,829 0 4,954,828 2,476,591 511,164 1,967,073 SOCIAL SERVICES 99532 Mt Carmel (non-HUD) 248,671 248,671 209,436 39,235 99538 Affordable Housing Imp Fees 343,740 15,540 359,280 132,236 0 227,044 99562 HUD Special Education 30,000 0 30,000 26,200 0 3,800 Sub-Total 622,411 15,540 637,951 367,872 0 270,079 MARINE 99704 Sembler Mitigation Project 635,217 17,181 652,398 133,260 0 519,138 99707 Beach Guard Donations 80,083 2,500 82,583 60,397 0 22,186 Sub-Total 715,300 19,681 734,981 193,657 0 541,324 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 0 1,200,000 224,147 0 975,853 99804 City Manager's Flexibility Fund 971,238 0 971,238 684,711 0 286,527 99822 JWB-Norton Teen 2001 332,888 0 332,888 310,392 0 22,496 99834 Neighborhood Svices Grants 175,000 (8,309) 166,691 166,691 0 0 99835 JWB Programmer N. Greenwood 339,780 0 339,780 308,332 0 31,448 99844 United Way 6,080 0 6,080 5,346 0 734 99846 Economic Development - QTI 76,960 0 76,960 48,366 0 28,594 99847 JWB - Wood Valley Teens 136,272 0 136,272 132,939 0 3,333 99851 Special Events FY07-08 3,818,783 437,599 4,256,382 4,081,467 37,500 137,415 99854 Brownfield EPA Assessment 400,000 0 400,000 294,334 21,691 83,975 99855 EPA Brownfield Recovery Assessment 400,000 0 400,000 0 0 400,000 99856 Stimulus - LEED Training Certification 0 18,000 18,000 18,000 99858 Stimulus - Clearwater Energy Strategies 0 350,000 350,000 350,000 99859 Stimulus - Energy Effiiciency Retrofit 0 463,400 463,400 463,400 99861 Gas GIS Upgrade 0 50,000 50,000 50,000 99870 Drive Cam Driver 15,000 0 15,000 14,900 0 100 99871 State Brownfields Redevelopment Acct 159,705 1,224 160,929 106,478 0 54,451 99872 Coordinated Child Care - Ross Norton 0 100,369 100,369 13,001 87,368 99873 Coordinated Child Care -No. Greenwood 0 100,369 100,369 16,319 84,050 99874 Reitrement Incentive Program 2,600,000 0 2,600,000 1,945,009 0 654,991 99875 Public Art Donations 27,500 0 27,500 26,304 1,196 0 99876 Florida Bar Student Internship 2,400 0 2,400 2,233 0 167 99877 Bldg Code Enforcement Surplus 0 0 0 0 0 0 99886 JWB - N. Greenwood Camp 2008 82,430 0 82,430 77,237 0 5,193 99889 Teen Club 4,180 5 4,185 3,132 0 1,053 99890 Cultural Art Fund 13,081 0 13,081 8,650 0 4,431 99898 Fire Dept Honor Guard 15,279 1,700 16,979 12,587 0 4,392 99899 GASB 34 Implementation 238,000 0 238,000 80,338 0 157,662 24 25 26 27 28 C 29 30 31 32 33 34 35 36 37 38 39 45 Item # 28 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2009 - DECEMBER 31, 2009 Description Budget 10/1/2009 Amdmt Actual Expenditures Revised Project Open Budget To Date Encumbr Available Balance Status Amend Ref 99908 Police - Outside Duty 4,669,224 234,200 4,903,424 4,949,174 0 (45,750) 40 99910 Library Special Account 624,169 1,778 625,947 513,281 0 112,666 41 99925 Peg Access Support 799,261 0 799,261 717,233 0 82,028 99927 Emergency Operation 5,125,807 0 5,125,807 2,911,216 5,000 2,209,591 99928 Nagano Sister City Program 78,329 0 78,329 74,372 0 3,957 99950 IDB Fees 54,131 0 54,131 32,830 0 21,301 99962 Parks & Rec Gift Giving Pgm 1,351,356 4,280 1,355,636 1,339,503 0 16,133 42 99966 Integrated Disability Mgmt Assmnt & Impl 80,000 0 80,000 40,000 0 40,000 99970 Tree Replacement Project 932,470 103,248 1,035,718 614,278 0 421,440 43 99982 EMS Incentive/Recognition 69,700 0 69,700 41,088 0 28,612 99983 Local Mitigation Strategy 50,000 0 50N h t %,71414 0 4,256 99997 Main Library Field Trust 115,571 0 c men nu 115,5F74e 3 of 3 0 0 115,571 99998 Safety Village 28,666 100 28,766 21,716 0 7,050 44 Sub-Total 24,993,260 1,857,963 26,851,223 19,863,348 65,387 6,922,488 TOTAL ALL PROJECTS 43,433,197 2,669,654 46,102,851 32,629,425 614,908 12,858,518 46 Item # 28 Revenues Transfer-In from Capital Improvement Fund Expenditures Transfer to Capital Improvement Fund City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2009/10 Increase/ (Decrease) Description Attachment number 18 Page 1 of 1 First quarter amendments reflect the return of $1,338.65 in Open Space Impact Fees from closed project 315-93601, Lake Chautauqua Equestrian and 1,339 Nature Preserve. $ 1,339 Net Revenue Amendments First quarter amendments reflect return of funding from the following closed projects reducing budget transfers to the Capital Improvement Fund: 1) Project 315-94848, Station Square Park is closed returning $31,013.90 of Sales Tax Infrastructure revenues to the Special Development fund; and 2) Project 315-93248, National Guard Armory Renovations is closed returning $2,814.76 of Sales Tax Infrastructure revenues to the (33,829) Special Development fund. $ (33,829) Net Expenditure Amendments 47 Item # 28 SPECIAL REVENUE FUNDS First Quarter: October 1, 2009 - December 31, 2009 Original First Quarter Budget Amended Budget 2009/10 2009/10 Revenues: Ad Valorem Taxes Infrastructure Tax SPECIAL DEVELOPMENT FUND 2,090,670 2,090,670 10,167, 770 10,167, 770 Interest Earnings Open Space Fees Recreation Facility Impact Fees Recreation Land Impact Fees Transportation Impact Local Option Gas Tax Allocation of Designated Reserves Allocation of Undesignated Reserves Transfer-In from Capital Improvement Plan Attachment number 19 Page 1 of 2 Amendments 800,000 800,000 50,000 50,000 20,000 20,000 50,000 50,000 250,000 250,000 1,340,000 1,340,000 420,000 420,000 950,000 950,000 0 1,339 1,339 16,138,440 16,139, 779 1,339 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,090,670 2,090,670 Infrastructure Tax 6,225,000 6,191,171 (33,829) Recreation Facility Land Fees 0 0 Open Space Impact Fees 0 0 Transportation Impact fees 290,000 290,000 Local Option Gas Tax 1,720,000 1,720,000 Undesignated Special Development 950,000 950,000 Debt Service on Penny for Pinellas Bonds 1,147,460 1,147,460 12,423,130 12,389,301 (33,829) 48 Item # 28 SPECIAL REVENUE FUNDS First Quarter: October 1, 2009 - December 31, 2009 Original First Quarter Budget Amended Budget 2009/10 2009/10 Revenues: CDBG/Home Funds Interest Earnings Grant Funds Other Governmental Revenue Police Fines and Court Proceeds Donations Sales Rentals Sponsorships Downtown Development Board Memberships/Registrations Contractual Services Transfers from General Fund Sister City Program City Manager's Flexibility Fund Special Events Qualified Tax Incentive Homeless Shelter Program Neighborhood Services Grants Expenditures: CDBG/Home Funds Planning Public Safety Social Services Marine Sister City Program City Manager's Flexibility Fund Special Event Funding Qualified Tax Incentive Homeless Shelter Program Other Miscellaneous Programs SPECIAL PROGRAM FUND Attachment number 19 Page 2 of 2 Amendments 1,521,830 1,521,830 300,000 334,670 34,670 0 1,270,991 1,270,991 0 209,808 209,808 0 461,362 461,362 0 13,827 13,827 0 214,965 214,965 0 41,381 41,381 0 66,962 66,962 0 0 0 18,875 18,875 0 345,122 345,122 0 0 3,000 3,000 100,000 100,000 70,000 70,000 4,600 4,600 100,000 100,000 0 (8,309) (8,309) 2,099,430 4,769,084 2,669,654 1,521,830 1,521,830 0 244,000 244,000 0 532,470 532,470 0 15,540 15,540 0 19,681 19,681 3,000 3,000 100,000 100,000 70,000 70,000 4,600 4,600 100,000 100,000 0 1,857,963 1,857,963 1,799,430 4,469,084 2,669,654 Revenues: SHIP Funds Expenditures: SHIP Program LOCAL HOUSING ASSISTANCE TRUST FUND 97,330 97,330 0 97,330 97,330 97,330 97,330 0 49 Item # 28 Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2009 / 10 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 50 Item # 28 Attachment number 20 Page 2 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2009 / 10 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 51 Item # 28 Attachment number 21 Page 1 of 1 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 Approved as to form: Frank Hibbard, Mayor Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Item # 28 0 i 0. 1 -1 EXHIBIT A 2009-10 BUDGET REVENUE Original Budget 2009/10 First Quarter Amended Budget 2009/10 Attachment number 22 Page 1 of 2 Amendments General Fund: Property Taxes 41,786,420 41,786,420 Franchise Fees 10,152,000 10,152,000 Utility Taxes 12,321,860 12,321,860 Licenses, Permits & Fees 3,550,000 3,550,000 Sales Tax 5,313,000 5,313,000 Communications Services Tax 6,814,600 6,814,600 Intergovernmental Revenues 11,350,290 11,355,576 5,286 Charges for Current Services 3,904,660 3,882,660 (22,000) Fines & Forfeitures 677,300 677,300 Interest Income 1,140,000 1,140,000 Miscellaneous 926,500 981,500 55,000 Interfund Charges / Transfers In 17,516,670 20,236,265 2,719,595 Transfer from Surplus 0 (2,486,645) (2,486,645) Total, General Fund 115,453,300 115,724,536 271,236 Special Revenue Funds: Special Development Fund 16,138,440 16,139,779 1,339 Special Program Fund 2,099,430 4,769,084 2,669,654 Local Housing Asst Trust Fund 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,827,450 61,189,925 2,362,475 Stormwater Utility Fund 15,579,600 15,579,600 Solid Waste Fund 18,823,080 18,823,080 Gas Fund 42,901,470 47,952,869 5,051,399 Recycling Fund 2,949,470 3,047,291 97,821 Airpark Fund 249,000 241,000 (8,000) Marine Fund 4,850,380 4,590,380 (260,000) Downtown Boat Slips Fund 631,260 631,260 Parking Fund 5,405,020 8,805,020 3,400,000 Harborview Center Fund 163,080 163,080 Internal Service Funds: Administrative Services Fund 9,430,000 9,455,846 25,846 General Services Fund 4,991,540 4,991,540 Garage Fund 12,824,540 12,824,540 Central Insurance Fund 19,161,320 23,956,320 4,795,000 Total, All Funds 330,575,710 348,982,480 18,406,770 Ordinance #8166-10 53 Item # 28 EXHIBIT A (Continued) 2009-10 BUDGET EXPENDITURES Original Budget 2009/10 First Quarter Amended Budget 2009/10 General Fund: City Council 296,570 296,570 City Manager's Office 1,274,680 1,274,680 City Attorney's Office 1,623,430 1,623,430 City Auditor's Office 182,410 182,410 Development & Neighborhood Svcs 0 0 Economic Development & Housing Svc 1,374,570 1,374,570 Engineering 7,441,890 7,441,890 Equity Services 0 0 Finance 2,195,470 2,195,470 Fire 21,760,100 21,760,100 Human Resources 1,108,350 1,108,350 Library 5,710,940 5,710,940 Marine & Aviation 564,440 564,440 Non-Departmental 4,903,750 5,136,700 Office of Management & Budget 285,690 285,690 Official Records & Legislative Svcs 1,087,520 1,087,520 Parks & Recreation 19,739,130 19,772,130 Planning & Development 4,679,890 4,679,890 Police 37,415,990 37,421,276 Public Communications 1,031,750 1,031,750 Public Services 2,580,000 2,580,000 Allocation to Reserves 196,730 196,730 Attachment number 22 Amendr?Mi o12 232,950 33,000 5,286 Total, General Fund 115,453,300 115,724,536 271,236 Special Revenue Funds: Special Development Fund 12,423,130 12,389,301 (33,829) Special Program Fund 1,799,430 4,469,084 2,669,654 Local Housing Asst Trust Fund 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,672,340 58,672,340 Stormwater Utility Fund 15,579,600 15,579,600 Solid Waste Fund 18,759,080 18,531,318 (227,762) Gas Fund 40,528,040 45,046,119 4,518,079 Recycling Fund 2,949,470 2,949,470 Airpark Fund 194,070 194,070 Marine Fund 4,552,760 4,423,160 (129,600) Downtown Boat Slips Fund 464,230 464,230 Parking Fund 5,172,020 8,572,020 3,400,000 Harborview Center Fund 163,080 163,080 Internal Service Funds: Administrative Services Fund 9,224,590 9,250,436 25,846 General Services Fund 4,991,540 4,991,540 Garage Fund 12,824,540 12,824,540 Central Insurance Fund 18,208,370 18,378,370 170,000 Total, All Funds 322,056,920 332,720,544 10,663,624 Ordinance #8166-10 54 Item # 28 Attachment number 23 Page 1 of 1 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 City Attorney Cynthia E. Goudeau City Clerk Item # 28 Ordinance No. 8167-10 Attachment number 24 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Original Amended Budget Budget 2009110 2009110 Amendments Police Protection Fire Protection Major Street Maintenance Sidewalks and Bike Trail Intersections Parking Miscellaneous Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Gen Public City Bldg & Equip Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 150,000 678,490 3,645,670 435,000 250,000 35,000 5,837,500 4,315,000 10,000 635,310 2,716,700 277,930 950,000 640,000 5,945,000 5,310,000 520,000 26,000 9,772,590 9,699,550 220,000 50,000 678,490 3,139,185 (1,078,404) 435,000 3,650,000 72,950 6,003,208 (458,105) 10,000 635,310 2,716,700 252,930 950,000 706,306 5,073,864 7,485,709 520,000 26,000 9,560,410 10,038,579 220,000 (100,000) (506,485) (1,078,404) 3,400,000 37,950 165,708 (4,773,105) (25,000) 66,306 (871,136) 2,175,709 (212,180) 339,029 TOTAL 52,069,740 50,688,133 (1,381,607) Item # 28 56 Ordinance # 8167-10 Attachment number 24 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Original Amended Budget Budget 2009110 2009110 Amendments 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) Item # 28 57 Ordinance # 8167-10 Attachment number 24 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Original Amended Budget Budget 2009110 2009110 Amendments 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) Item # 28 58 Ordinance # 8167-10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 29 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Resolution to Amend Council Rules SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 2 RESOLUTION NO. 10-11 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; AMENDING RULE 6, ORDER OF BUSINESS TO CLARIFY THAT COUNCIL DISCUSSION ITEMS WILL BE ON WORKSESSION ONLY UNLESS AGENDAED TO A COUNCIL MEETING AND ADDING MAYOR'S CLOSING COMMENTS; AMENDING RULE 77 AGENDA/EXPENDITURE OF FUNDS/WAIVER OR CHANGE OF RULES TO REQUIRE THAT ALL ITEMS GO TO WORKSESSION BEFORE BEING AGENDAED FOR COUNCIL MEETING; TO PROVIDE AN EXCEPTION FOR EMERGENCY ITEMS THAT MAY BE AGENDAED BY THE CITY MANAGER OR CITY ATTORNEY WITHOUT GOING TO WORKSESSION; TO ALLOW COUNCILMEMBER REQUESTED ITEMS THAT HAVE NOT GONE TO A WORKSESSION TO BE DISCUSSED AT A COUNCIL MEETING ON A 4/5 VOTE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council desires to amend the rules to facilitate efficient meetings; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Rule 6, Council Rules, is amended as follows: RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: 1. Council Discussion Items (work session only). J. Other Council action (if aaendaed from work session. K. Closing comments by Mayor. Section 2. Rule 7, Council Rules, is amended as follows: RULE 7 AGENDA/EXPENDITURE OF FUNDS/WAIVER OR CHANGE OF RULES Resolution Nttefi9-#130 Attachment number 1 Page 2 of 2 (A) The City Manager- or City Attorney, or aRY momhor may agenda an item. Any Councilmember requested item must be agendaed for discussion at a work session prior to the item being placed on a Council Meeting Agenda. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Council member. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (B) Except for items advertised for public hearing, items may be removed from the agenda city Manager; provided that 2 Emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. Councilmember requested items that have not been considered at a work session can be discussed at a Council meeting upon a 4/5 vote of the council to do so. The agenda may be reordered. (C) Any expenditure of funds requiring Council action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Council determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2010. Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution Ntte#04'BO City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date: 3/18/2010 Review Approval: 1) Clerk Cover Memo Item # 31