08/02/2010
WORK SESSION AGENDA
Council Chambers - City Hall
8/2/2010 - 9:00 AM
1. Presentations
1.1STEMTEC Summer Program Scholarship Funding - Allijah Graham and Marilyn Browne
Attachments
1.2The Status of the Fishing Industry in Clearwater - Mike Colby
Attachments
2. Economic Development and Housing
2.1Approve two work orders for American Recovery and Reinvestment Act Brownfields Assessment and
Cleanup Revolving Loan Fund Activities for the CarPro site located at 1359 Cleveland Street to Cardno
TBE, an Engineer of Record, in the amounts of $86,500 and $70,000 and authorize the appropriate
officials to execute same. (consent)
Attachments
3. Financial Services
3.1Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and
Sewer Utility funding by reducing project revenue budgets by $15,665,240 of planned future bond
proceeds, increasing project revenue budgets by $2,922,874 of utility renewal and replacement revenue,
$8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240,
resulting in a net budget change of $0. (consent)
Attachments
3.2Approve agreement for external auditing services for fiscal years ending September 30, 2010 through
2014 with audit firm of Kirkland, Russ, Murphy and Tapp, for a not-to-exceed amount of $666,000 and
authorize the appropriate officials to execute same. (consent)
Attachments
4. Human Resources
4.1Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring
Group, Inc., providing for additional services to be included in the scope of services described in the
initial Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement
dated April 26, 2006. (consent)
Attachments
4.2Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and
International City Management Association Retirement Corporation (ICMA-RC) for the 401a Money
Purchase Pension Plan and the 457k Deferred Compensation Plan, to be effective October 1, 2010
through September 30, 2017. (consent)
Attachments
4.3Approve the timeline for negotiating changes to the Employees’ Pension Plan, provide direction on
changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs
incurred related to such changes including costs for legal and actuary services related to such changes.
Attachments
5. Marine and Aviation
5.1Approve renewal of the Management Agreement with Clearwater Community Sailing Association
(CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial
responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, saving
the city $27,500 annually, and authorize the appropriate officials to execute same. (consent)
Attachments
6. Parks and Recreation
6.1Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc.
from $100,000 to $150,000 for additional labor and materials to install concrete at various Parks and
Recreation sites and projects. (consent)
Attachments
6.2Ratify and confirm the establishment of a new Capital Improvement Project entitled Ross Norton
Ballfield Improvements, CIP 315-93619, for $35,000 to be funded from a $25,000 grant from the Rays
Foundation and transfer of operational funds of $10,000 to the new project. (consent)
Attachments
7. Public Utilities
7.1Accept the Town of Belleair’s Resolution 2010-29 permitting Clearwater to provide reclaimed water
service to its residents when feasible and otherwise not available and adopt Resolution 10-17.
Attachments
7.2Approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide
reclaimed water service to its residents when feasible and otherwise not available and authorize the
appropriate officials to execute same.
Attachments
7.3Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering
schedules, and pass Ordinance 8202-10 on first reading.
Attachments
7.4Approve an increase to an existing three-year contract (purchase order BR504735) to Polydyne, Inc., of
Riceboro, GA, increasing the contract by $169,869.28, for a new total value of $709,869.28 for Polymer
Services (RFP 12-08), and authorize the appropriate officials to execute same. (consent)
Attachments
8. Engineering
8.1Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a
condominium, as conveyed by 440 West, Inc. in consideration of receipt of $10.00 and the benefits to be
derived therefrom. (consent)
Attachments
8.2Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion of Section 8, Township
29 South, Range 15 East as conveyed by Decade Companies Income Properties, LLC in consideration of
receipt of $10.00 and the benefits to be derived therefrom. (consent)
Attachments
8.3Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide
planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer
Expansion Project (09-0019-UT); approve a grant from the U.S. Environmental Protection Agency in the
amount of $477,000; and authorize the appropriate officials to execute same. (consent)
Attachments
8.4Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket
dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a
program allowing temporary or permanent removal or rental of municipal parking, modifying Appendix
A, Schedule of Fees, and pass Ordinance 8168-10 on first reading.
Attachments
9. Planning
9.1Establish the Clearwater Greenprint Stakeholder Steering Committee and provisions for member
eligibility, categories and term of office, adopt Resolution 10-20, and appoint committee members.
Attachments
9.2 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for
transit oriented development, adding an objective and policies pertaining to the new categories, and pass
Ordinance 8201-10 on first reading.(CPA2010-06001)
Attachments
9.3Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the
Institutional (I) classification and a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Institutional (I) District for property at 110 N. McMullen Booth Road, located on
the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South,
Range 16 East, and pass Ordinances 8193-10 and 8194-10 on first reading. (LUZ2010-05001)
Attachments
9.4Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG),
Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL)
Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage
Feature Categories and the Zoning Atlas Amendment from the Institutional (I), Commercial (C),
Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the
Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts,for property located at
3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East)
and pass Ordinances 8197-10 and 8918-10 on first reading and approve a Development Agreement for
this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and
adopt Resolution 10-18. (LUZ2010-06002 and DVA2010-06001)
Attachments
9.5Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential
Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas
Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the
Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land
in NW ¼ of SW ¼ of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood
Estates), and deny passage of Ordinances 8195-10 and 8196-10 on first reading. (LUZ2010-06001)
Attachments
10. City Manager
10.1Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the
Harborview Center in conjunction with the production of the motion picture “A Dolphin’s Tale”, and
authorize the appropriate officials to execute same. (consent)
Attachments
11. Official Records and Legislative Services
11.1Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O'Neil in the Agency or
Government Representative category, with terms to expire August 31, 2014, and appoint Joe DeCicco in
the Agency or Government Representative category and Barbara Green in the Resident category, with
terms expiring August 31, 2014, to the Brownfields Advisory Board. (consent)
Attachments
11.2Approve the Council Policies
Attachments
11.3Amend Council Rule 6 and adopt Resolution 10-21.
Attachments
12. Legal
12.1Adopt Ordinance No. 8174-10 on second reading, annexing certain real property whose post office
address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Attachments
12.2Adopt Ordinance No. 8175-10 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Residential Low
(RL).
Attachments
12.3Adopt Ordinance No. 8176-10 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Attachments
12.4Adopt Ordinance No. 8178-10 on second reading, annexing certain real property whose post office
address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel
Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Attachments
12.5Adopt Ordinance No. 8179-10 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel
Drive, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
12.6Adopt Ordinance No. 8180-10 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-
of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Attachments
12.7Adopt Ordinance No. 8182-10 on second reading, annexing certain real property whose post office
address is 1845 Audubon Street into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
Attachments
12.8Adopt Ordinance 8183-10 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
12.9Adopt Ordinance No. 8184-10 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
12.10Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code of Ordinances, relating to
residential reclaimed water service outside city limits within an incorporated area and location of
reclaimed water service lines, and adding Interlocal Agreement as a means for providing service.
Attachments
13. Council Discussion Items
13.1Lease Extensions for Crabby Bill’s and Sunsets at Pier 60 - Mayor Hibbard
Attachments
13.2Impact of SB 1196 re fire sprinkler retrofit - Councilmember Gibson
Attachments
13.3Sea Oat Planting
Attachments
14. Closing Comments by Mayor
15. Adjourn
16. Presentation(s) for Council Meeting
16.1Presentation of Menorah by Rabbi Shmuel Reich
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
STEMTEC Summer Program Scholarship Funding - Allijah Graham and Marilyn Browne
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
The Status of the Fishing Industry in Clearwater - Mike Colby
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Attachment number 1
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Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve two work orders for American Recovery and Reinvestment Act Brownfields Assessment and Cleanup Revolving Loan Fund
Activities for the CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of Record, in the amounts of $86,500 and
$70,000 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Community Redevelopment Agency approved the purchase of the CarPro Site located at 1359 Cleveland Street on June 1, 2010 for
the purposes of environmental remediation and potential future redevelopment. This environmental remediation is to be funded with
grant funds that have specific requirements and strict timelines.
Acceptance of these work orders will allow Cardno TBE to complete Brownfields activities at the CarPro Site necessary to meet the
requirements of the American Recovery and Reinvestment Act (ARRA) Brownfields Assessment and Revolving Loan Fund (RLF)
Grants.
These services are to include Brownfields Site Rehabilitation Agreement (BSRA), Community Relations Plan (CRP), Site Specific
Quality Assurance Project Plan and Health and Safety Plan, Brownfields Site Assessment Activities, Pre-Remediation Assessment and
Feasibility Study, Remedial Action Plan, Analysis of Brownfields Cleanup Alternatives (ABCA) and FDEP Brownfields Site
Assessment Report (BSAR).
The above listed activities will be completed in accordance with the Terms and Conditions of the current City of Clearwater
Brownfields Grants and in accordance with Chapter 17 – 785 (The Brownfields Cleanup Criteria Rule).
Closing on the Car Pro site should occur by the first week in August at the latest. This scope of work will be conducted once the CRA
owns the site.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:156,500.00 Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0181-99855-530100-559-
000-0000
152,800.00
0181-99855-550400-559-
000-0000
3700.00
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Impractical
to Bid
Cover Memo
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing
project revenue budgets by $15,665,240 of planned future bond proceeds, increasing project revenue budgets by $2,922,874 of utility
renewal and replacement revenue, $8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240,
resulting in a net budget change of $0. (consent)
SUMMARY:
This restructuring will adjust the funding sources for the current year project budgets to agree with the Fiscal Year 2010 Burton and
Associates interim rate study.
The Fiscal Years 2008 and 2009 rate studies projected the need to issue revenue bonds in Fiscal Year 2011 to fund projects. Due to
project restructuring and operating savings, the next bond issue is now projected for Fiscal Year 2012.
A major rate study is planned for Fiscal Year 2011 to ensure that rates are in place to support the Water and Sewer Utility’s CIP,
operations, and debt service. Rate increases are already in place through Fiscal Year 2013. Upon the completion of the Fiscal Year 2011
major rate study, an agenda item will be brought for Council approval requesting rate increases to be adopted through Fiscal Year 2016
to support the issuance of the Fiscal Year 2012 Water and Sewer Revenue Bonds.
A schedule of the third quarter project budget changes is available.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
See attached schedule
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Financial Services 4) Financial Services 5) Office of
Management and Budget 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk
Cover Memo
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Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve agreement for external auditing services for fiscal years ending September 30, 2010 through 2014 with audit firm of Kirkland,
Russ, Murphy and Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City employed Cherry, Bekaert and Holland, LLP for external auditing services for fiscal years ending September 30, 2005 through
2009. Per City Charter Article II, Section 2.01(c) (3) the City cannot employ an external audit firm for more than five (5) consecutive
years.
The City solicited proposals for auditing services from qualified firms per RFP 16-10 issued May 11, 2010.
Seven (7) firms provided proposals that were ranked by the City’s Audit Committee, consisting of: Councilmember John Doran; citizen
appointee, Herb McLachlan; and three City staff members: Laura Mahony, Assistant City Attorney; Robin Gomez, City Auditor; and
Clem Vericker, Finance Manager.
The committee completed a preliminary ranking of the proposals and four (4) firms were chosen as finalists for oral presentations and
interviews: Kirkland, Russ, Murphy and Tapp; KPMG, LLP; Larson Allen, LLP; and Purvis Gray and Co.
The committee rankings of proposals, reference checks, and oral interviews were weighted and combined per the RFP guidelines to
arrive at a composite ranking for each firm. Kirkland, Russ, Murphy and Tapp emerged as the top-ranked firm.
The proposed contract includes a fixed fee of $114,750 for the fiscal year 2010 audit, which represents a 19.8% decrease from the fiscal
year 2009 audit fee of $143,000. Audit fees for fiscal years 2011 through 2014 will increase annually by an average of 3.0%, to a total
of $128,400 for fiscal year 2014. Also included in the request is a 10% contingency for any significant changes in the scope of the audit
due to new governmental accounting standards, federal grants, etc.
The audit fee includes approximately $12,000 to be charged to HUD grant programs and $2,000 to be charged to the Community
Redevelopment Agency for related auditing services. The remainder will be charged to the auditing services line item included in the
Finance Department’s budget.
Funding has been provided in the fiscal years 2010 and 2011 budgets for the September 30, 2010 audit fees, and will be provided in
future years, per the indicated budget line items.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$29,000 Annual Operating Cost:
Not to Exceed:$666,000 Total Cost:
For Fiscal Year:10/1/2009 to 9/30/2010
Appropriation Code Amount Appropriation Comment
0010-09821-530100-513-
000-0000
$29,000FY2010
0010-09821-530100-513-
000-0000
$567,000FY2011 - FY2015
Cover Memo
0188-09311-530100-552-
000-0000
$10,000FY2011 - FY2014 CRA
0010-01510-530100-554-
000-0000
$60,000FY2011 - FY2014 HUD Grant
Bid Required?:Yes Bid Number:
RFP
16-
10
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
1
AGREEMENT
THIS AGREEMENT, made and entered into this __ day of _________,
2010 by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation of the State of Florida, located at 112 S. Osceola Avenue,
Clearwater, Florida 33756, hereinafter referred to as "City´, and
Kirkland, Russ, Murphy & Tapp, P.A., a firm of Certified Public
Accountants, located at 13577 Feather Sound Drive, Suite 400,
Clearwater, Florida 33762, hereinafter referred to as "Contractor´;
WITNESSETH
WHEREAS, the City is required by Article II, Section 2.01(c)(3)
of the City Charter to provide for an annual audit of its financial
accounts; and
WHEREAS, the City participates in various Federal, State and
County Assistance programs which require independent financial and
compliance audits in accordance with rules established by the U.S.
Department of Housing and Urban Development, Florida Auditor General,
and other agencies; and
WHEREAS, the Contractor is in the business of public accounting,
is fully qualified to meet the requirements of applicable City, State
and Federal law, and desires to perform the necessary services:
NOW, THEREFORE, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are
incorporated in and form a part of this Agreement.
2. 7KH³$XGLWRU6HUYLFHV'RFXPHQWV´IRUPWKH$XGLWRU6HUYLFHV
Agreement. The Auditor Services Documents consist of this
Agreement between the City and the Contractor (hereinafter
³$JUHHPHQW´ DQGLW¶VDWWDFKHG([KLELWV &LW\RI&OHDUZDWHU
5HTXHVW)RU3URSRVDOIRU3URIHVVLRQDO$XGLWLQJ6HUYLFHV ³5)3
16-´ LVVXHG0D\ ([KLELW³$´ 3URSRVDOWRSURYLGH
Professional Auditing Services to the City of Clearwater,
)ORULGD ³3URSRVDO´ VXEPLWWHG-XQH ([KLELW³%´
Engagement Letter from Contractor to City confirming
understanding of the services to be provided under the
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modifications of the Agreement executed by the parties hereto,
issued after execution of the Agreement. The Auditor Services
Attachment number 1
Page 1 of 8
2
Documents shall not be construed to create a contractual
relationship of any kind with any third party, including any
third party service provider used by the Contractor in the
fulfillment of its obligations under the Agreement.
3. This agreement relates specifically to the City's fiscal years
ending September 30, 2010 thru 2014. This agreement may be
terminated by the City on the basis of unsatisfactory
performance, as determined by the City in its sole discretion,
with written notice at least six months prior to the September
30 fiscal year-end, or by the contractor for reasons specified
in the Engagement Letter which is hereby incorporated by
reference and made a part hereof. City Charter Section
2.01(c)(3) currently prohibits any single audit firm from
being employed for more than five consecutive years. The fees
for subsequent years are fixed per this agreement and not
expected to deviate from the amounts stated herein except for
unanticipated significant changes in the scope of auditing
services required by the City.
4. The Contractor shall review the City's comprehensive annual
financial report for compliance with GAAP and the applicable
requirements of the Certificate of Achievement for Excellence
in Financial Reporting program of the Government Finance
Officers Association and assist the City in complying with new
or existing requirements. The Contractor shall, subject to the
terms and conditions of the engagement letter, render a report
on the fair presentation of the City's basic financial
statements and all individual non-major fund financial
statements, in conformity with generally accepted accounting
principles, for the fiscal years ending September 30, 2010
thru 2014. The Contractor shall, subject to the terms and
conditions of the engagement letter, render a report on the
fair presentation of the City's combining and individual fund
financial statements and schedules in conformity with
generally accepted accounting principles. The Contractor is
not required to audit the supplementary information contained
in the comprehensive annual financial report, however, the
Contractor shall provide an "in-relation-to" report on the
supplementary information based on the audit procedures
Attachment number 1
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Attachment number 1
Page 3 of 8
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Attachment number 1
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6
progress payments shall not exceed ninety percent (90%) of
the maximum specified above. The final payment will be made
within thirty (30) days of receipt of the final audit
reports.
Miscellaneous Provisions
11. Budget Allocations.
The obligations of the parties are subject to appropriate
budgeted funds being available in each budget year to achieve the
purposes of this Agreement. In the event that sufficient budgeted
funds are not available in a subsequent fiscal year, this Agreement
shall terminate on the last day of the fiscal year for which
sufficient budgeted funds are available without penalty to either of
the parties.
12. Record Retention.
Documents related to this agreement may be construed as public
record and shall be retained and provided as required by law.
13. Compliance With the Law.
Both Parties shall comply with all federal, state, county, and
local laws, regulations, and ordinances at all times.
14. Discrimination Prohibited.
The Parties shall, during the performance of this agreement,
comply with all applicable provisions of federal, state and local laws
and regulations pertaining to prohibited discrimination.
15. Assignment.
This agreement is not assignable.
16. Severability.
Should any section or part of any section of this Agreement be
Attachment number 1
Page 6 of 8
7
rendered void, invalid, or unenforceable by any court of law, for any
reason, such a determination shall not render void, invalid, or
unenforceable of any other section or any part of any section of this
Agreement.
17. Amendments.
This Agreement constitutes the entire Agreement between the
Parties, and no change will be valid unless made by supplemental
written agreement executed by both Parties.
18. Notices.
All notices, requests, demands, or other communications required
by law, or this Agreement shall be in writing and shall be deemed to
have been served as of the delivery date appearing upon the return
receipt if sent by certified mail, postage prepaid with return receipt
requested, to:
Jay Ravins, Asst. Finance Director
City of Clearwater
100 South Myrtle Ave.
Clearwater, Florida 33756
Laura Brock
Kirkland, Russ, Murphy & Tapp
13577 Feather Sound Drive, Suite 400
Clearwater, Florida 33762
19. Non-Waiver.
No act of omission or commission of either Party, including
without limitation, any failure to exercise any right, remedy, or
recourse, shall be deemed to be a waiver, release, or modification of
the same. Such a waiver, release, or modification is to be effected
only through a written modification to this Agreement.
Attachment number 1
Page 7 of 8
8
20. Authority.
Each Party to this Agreement represents and warrants to the other
Party that (i) it is duly organized, qualified and existing entities
under the laws of the State of Florida, and (ii) all appropriate
authority exists so as to duly authorize the persons executing this
Agreement to so execute the same and fully bind the Party on whose
behalf they are executing. This Agreement is subject to approval by
the Parties.
21. Governing Law.
This Agreement shall be construed and enforced in accordance with
Florida Law.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written:
Countersigned: CITY OF CLEARWATER, FLORIDA
______________________________ By: _________________________
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form Attest:
and correctness:
______________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Kirkland, Russ, Murphy & Tapp, P.A.
By: _________________________
Attachment number 1
Page 8 of 8
Mr. Jay Ravins
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Dear Mr. Ravins:
We are pleased to confirm our understanding of the services we are to provide the City of Clearwater (the
City). We agree to meet the specific requirements as stated in a separate agreement dated July __, 2010.
We will audit the financial statements of the governmental activities, the business-type activities, each
major fund, and the aggregate remaining fund information, which collectively comprise the basic
financial statements, of the City of Clearwater as of and for the fiscal year ended September 30, 2010.
We will also audit the financial statements of each of the City’s non-major governmental, non-major
enterprise, internal service and fiduciary funds. Accounting standards generally accepted in the United
States provide for certain required supplementary information (RSI), such as management’s discussion
and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although
not a part of the basic financial statements, is required by the Governmental Accounting Standards Board
who considers it to be an essential part of financial reporting for placing the basic financial statements in
an appropriate operational, economic, or historical context. As part of our engagement, we will apply
certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in
the United States of America. These limited procedures will consist of inquiries of management regarding
the methods of preparing the information and comparing the information for consistency with
management’s responses to our inquiries, the basic financial statements, and other knowledge we
obtained during our audit of the basic financial statements. We will not express an opinion or provide any
assurance on the information because the limited procedures do not provide us with sufficient evidence to
express an opinion or provide any assurance. The following RSI is required by generally accepted
accounting principles and will be subjected to certain limited procedures, but will not be audited:
1) Management’s discussion and analysis.
2) Pension and post-employment benefit disclosures
Supplementary information other than RSI also accompanies the City’s financial statements. We will
subject the following supplementary information to the auditing procedures applied in our audit of the
financial statements and certain additional procedures, including comparing and reconciling such
information directly to the underlying accounting and other records used to prepare the financial
statements or to the financial statements themselves, and other additional procedures in accordance with
auditing standards generally accepted in the United States of America and will provide an opinion on it in
relation to the financial statements as a whole:
Attachment number 2
Page 1 of 10
Mr. Jay Ravins
Page 2 of 7
1) Schedule of expenditures of federal awards and state financial assistance.
2) Combining and individual fund statements and schedules
The following other information accompanying the financial statements will not be subjected to the
auditing procedures applied in our audit of the financial statements, and for which our auditor’s report
will not provide an opinion or any assurance.
1) Introductory section
2) Statistical section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial statements are
fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles
and to report on the fairness of the supplementary information referred to in the second paragraph when
considered in relation to the financial statements as a whole. The objective also includes reporting on—
• Internal control related to the financial statements and compliance with laws, regulations,
and the provisions of contracts or grant agreements, noncompliance with which could
have a material effect on the financial statements in accordance with Government
Auditing Standards.
• Internal control related to major programs and an opinion (or disclaimer of opinion) on
compliance with laws, regulations, and the provisions of contracts or grant agreements
that could have a direct and material effect on each major program in accordance with the
Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations, the Florida Single audit Act, and Chapter
10.550, Rules of the Auditor General.
The reports on internal control and compliance will each include a statement that the report is intended
solely for the information and use of the City Mayor, City Council Members, City Manager and City
Management, the State of Florida Office of the Auditor General and applicable federal and state awarding
agencies and is not intended to be and should not be used by anyone other than these specified parties.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States
of America; the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions
of OMB Circular A-133, and will include tests of accounting records, a determination of major
program(s) in accordance with OMB Circular A-133, and other procedures we consider necessary to
enable us to express such opinions and to render the required reports. If our opinions on the financial
statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the
reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form
or have not formed opinions, we may decline to express opinions or to issue a report as a result of this
engagement.
Attachment number 2
Page 2 of 10
Mr. Jay Ravins
Page 3 of 7
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying information as well as
all representations contained therein. Management is also responsible for identifying government award
programs and understanding and complying with the compliance requirements, and for preparation of the
schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133.
You are responsible for making all management decisions and performing all management functions
relating to the financial statements, schedule of expenditures of federal awards, and related notes and for
accepting full responsibility for such decisions. You are required to designate an individual with suitable
skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the
adequacy and results of those services and accepting responsibility for them.
Management is responsible for establishing and maintaining effective internal controls, including internal
controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that
appropriate goals and objectives are met and that there is reasonable assurance that government programs
are administered in compliance with compliance requirements. You are also responsible for the selection
and application of accounting principles; for the fair presentation in the financial statements of the
respective financial position of the governmental activities, the business-type activities, each major fund,
and the aggregate remaining fund information of the City and the respective changes in financial position
and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and
for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available to us
and for ensuring that management and financial information is reliable and properly recorded. Your
responsibilities also include identifying significant vendor relationships in which the vendor has
responsibility for program compliance and for the accuracy and completeness of that information. Your
responsibilities include adjusting the financial statements to correct material misstatements and
confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated
by us during the current engagement and pertaining to the latest period presented are immaterial, both
individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect
fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government
involving (1) management, (2) employees who have significant roles in internal control, and (3) others
where the fraud or illegal acts could have a material effect on the financial statements. Your
responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud
affecting the government received in communications from employees, former employees, grantors,
regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies
with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB
Circular A-133, it is management’s responsibility to follow up and take corrective action on reported
audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The
summary schedule of prior audit findings should be available for our review on November 1, 2010. You
are responsible for the preparation of the supplementary information in conformity with U.S. generally
accepted accounting principles. You agree to include our report on the supplementary information in any
document that contains and indicates that we have reported on the supplementary information. You also
agree to present the supplementary information with the audited financial statements.
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Mr. Jay Ravins
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Management is responsible for establishing and maintaining a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying for us previous financial
audits, attestation engagements, performance audits, or other studies related to the objectives discussed in
the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions
taken to address significant findings and recommendations resulting from those audits, attestation
engagements, performance audits, or studies. You are also responsible for providing management’s views
on our current findings, conclusions, and recommendations, as well as your planned corrective actions,
for the report, and for the timing and format for providing that information.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than
absolute assurance about whether the financial statements are free of material misstatement, whether from
(1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or
governmental regulations that are attributable to the entity or to acts by management or employees acting
on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards
do not expect auditors to provide reasonable assurance of detecting abuse.
Because an audit is designed to provide reasonable, but not absolute assurance and because we will not
perform a detailed examination of all transactions, there is a risk that material misstatements or
noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect
immaterial misstatements or violations of laws or governmental regulations that do not have a direct and
material effect on the financial statements or major programs. However, we will inform you of any
material errors and any fraudulent financial reporting or misappropriation of assets that come to our
attention. We will also inform you of any violations of laws or governmental regulations that come to our
attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will
include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to
the period covered by our audit and does not extend to any later periods for which we are not engaged as
auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, funding
sources, creditors, and financial institutions. We will request written representations from your attorneys
as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our
audit, we will require certain written representations from you about the financial statements and related
matters.
Audit Procedures—Internal Controls
Our audit will include obtaining an understanding of the entity and its environment, including internal
control, sufficient to assess the risks of material misstatement of the financial statements and to design the
nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud
that are material to the financial statements and to preventing and detecting misstatements resulting from
illegal acts and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on internal control issued
pursuant to Government Auditing Standards.
Attachment number 2
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Mr. Jay Ravins
Page 5 of 7
As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the
effectiveness of the design and operation of controls that we consider relevant to preventing or detecting
material noncompliance with compliance requirements applicable to each major federal award program.
However, our tests will be less in scope than would be necessary to render an opinion on those controls
and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB
Circular A-133.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies.
However, during the audit, we will communicate to management and those charged with governance
internal control related matters that are required to be communicated under AICPA professional
standards, Government Auditing Standards, and OMB Circular A-133.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the City’s compliance with applicable laws and regulations and the
provisions of contracts and agreements, including grant agreements. However, the objective of those
procedures will not be to provide an opinion on overall compliance and we will not express such an
opinion in our report on compliance issued pursuant to Government Auditing Standards.
OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance
about whether the auditee has complied with applicable laws and regulations and the provisions of
contracts and grant agreements applicable to major programs. Our procedures will consist of tests of
transactions and other applicable procedures described in the OMB Circular A-133 Compliance
Supplement and related addenda for the types of compliance requirements that could have a direct and
material effect on each of the City’s major programs. The purpose of these procedures will be to express
an opinion on the City’s compliance with requirements applicable to each of its major programs in our
report on compliance issued pursuant to OMB Circular A-133.
Engagement Administration, Fees, and Other
We may from time to time, and depending on the circumstances, use third-party service providers in
serving your account. We may share confidential information about you with these service providers, but
remain committed to maintaining the confidentiality and security of your information. Accordingly, we
maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal
information. In addition, we will secure confidentiality agreements with all service providers to maintain
the confidentiality of your information and we will take reasonable precautions to determine that they
have appropriate procedures in place to prevent the unauthorized release of your confidential information
to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be
asked to provide your consent prior to the sharing of your confidential information with the third-party
service provider. Furthermore, we will remain responsible for the work provided by any such third-party
service providers.
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any documents selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection
Form that summarizes our audit findings. It is management’s responsibility to submit the reporting
package (including financial statements, schedule of expenditures of federal awards, summary schedule of
prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to
the federal audit clearinghouse. We will coordinate with you the electronic submission and certification.
Attachment number 2
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Mr. Jay Ravins
Page 6 of 7
If applicable, we will provide copies of our report for you to include with the reporting package you will
submit to pass-through entities. The Data Collection Form and the reporting package must be submitted
within the earlier of 30 days after receipt of the auditors’ reports or nine months after the end of the audit
period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits.
The audit documentation for this engagement is the property of Kirkland, Russ, Murphy & Tapp, P.A.
and constitutes confidential information. However, pursuant to authority given by law or regulation, we
may be requested to make certain audit documentation available to your cognizant agent or its designee, a
federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for
purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight
responsibilities. We will notify you of any such request. If requested, access to such audit documentation
will be provided under the supervision of Kirkland, Russ, Murphy & Tapp, P.A. personnel. Furthermore,
upon request, we may provide copies of selected audit documentation to the aforementioned parties.
These parties may intend, or decide, to distribute the copies or information contained therein to others,
including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report
release or for any additional period requested by the cognizant agent. If we are aware that a federal
awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the
party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
We will meet with you after finalization of the engagement letter and contract to determine an
approximate start date and will issue our reports no later than February 28, 2011. Laura Krueger Brock is
the engagement partner and is responsible for supervising the engagement and signing the reports or
authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates
plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone,
etc.) except that we agree that our gross fee, including expenses, will not exceed $114,750 for the fiscal
year 2010 audit.
Our standard hourly rates vary according to the degree of responsibility involved and the experience level
of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as
follows and are payable on presentation.
August 10% $11,475
September 10% $11,475
October 10% $11,475
November 10% $11,475
December 10% $11,475
January 20% $22,950
February 20% $22,950
Upon delivery of final reports 10% $11,475
100% $114,750
Attachment number 2
Page 6 of 10
Mr. Jay Ravins
Page 7 of 7
In accordance with our firm policies, work may be suspended if your account becomes 30 days or more
overdue and may not be resumed until your account is paid in full. If we elect to terminate our services
for nonpayment, our engagement will be deemed to have been completed upon written notification of
termination, even if we have not completed our report(s). You will be obligated to compensate us for all
time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above
fee is based on anticipated cooperation from your personnel and the assumption that unexpected
circumstances will not be encountered during the audit. If significant additional time is necessary, we will
discuss it with you and arrive at a new fee estimate before we incur the additional costs.
Government Auditing Standards require that we provide you with a copy of our most recent external peer
review report and any letter of comment, and any subsequent peer review reports and letters of comment
received during the period of the contract. Our 2008 peer review report and letter of comment
accompanies this letter.
We appreciate the opportunity to be of service to the City of Clearwater and believe this letter accurately
summarizes the significant terms of our engagement. If you have any questions, please let us know. If you
agree with the terms of our engagement as described in this letter, please sign the enclosed copy and
return it to us.
Very truly yours,
Laura Krueger Brock
RESPONSE:
This letter correctly sets forth the understanding of the City of Clearwater.
By: _______________________________
Title: _______________________________
Date: _______________________________
Attachment number 2
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Attachment number 2
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Attachment number 2
Page 9 of 10
Attachment number 2
Page 10 of 10
Request for Auditing Services City of Clearwater RFP 16-10
CITY OF CLEARWATER
REQUEST FOR PROPOSAL
PROFESSIONAL AUDITING SERVICES
RFP 16-10
Issued By:
Purchasing Department
Municipal Services Building, 3rd
100 S. Myrtle Avenue
Floor
Clearwater, Florida 33756-5520
(727) 562-4634
(727) 562-4635 FAX
Date of Issue: May 11 , 2010
Due Date/Time for Receipt of Proposals: June 8 , 2010 @ 4:00 PM
Attachment number 3
Page 1 of 15
Request for Auditing Services City of Clearwater RFP 16-10
REQUEST FOR PROPOSAL FOR
PROFESSIONAL AUDITING SERVICES FOR
THE CITY OF CLEARWATER, FLORIDA
I. INTRODUCTION
A. Purpose
The City of Clearwater is seeking proposals from qualified firms of certified public
accountants to audit the financial statements of the City of Clearwater, Florida (the City) for
the fiscal years ending September 30, 2010, 2011, 2012, 2013, and 2014. The audit agreement
is subject to annual approval by the City with grounds for termination including poor
performance, not adhering to time schedules, and excessive fee increases.
The City will select and negotiate with the firm whose proposal is most responsive to this
Request for Proposal (RFP) and in the best interest of the City. Proposals submitted in
response to the RFP must provide sufficient detail and information to complete an evaluation
of their merit. The instructions contained herein must be followed to be considered responsive
to the RFP. The City reserves the right to reject any or all responses.
B. Calendar of Events
The City will utilize the following time table with the goal of selection. This schedule
may be altered as necessary at the City’s discretion.
May 11, 2010 Release Date
June 8, 2010 RFP opening, 4:00 PM, 100 S. Myrtle Ave, Clearwater, 33756
June 17, 2010 Preliminary ranking completed (Audit Committee)
June 29, 2010 Presentations by firms selected as finalists, if needed
August 5, 2010 Audit Committee recommendation for Council approval
Attachment number 3
Page 2 of 15
Request for Auditing Services City of Clearwater RFP 16-10
C. Proposal Delivery
Eight (8 ) proposal copies shall be delivered to the City of Clearwater, Purchasing Manager,
100 S. Myrtle Avenue, Clearwater, Florida 33756-5520, prior to opening time of 4:00 PM,
EDT, on June 8, 2010.
The delivery of proposals to the City of Clearwater Purchasing Office prior to the specified
date and time is solely and strictly the responsibility of the proposing firm. The City shall not,
under any circumstances, be responsible for delays caused by the United S tates Postal Service
or any private delivery service, or for other delays. All responses must be manually and duly
signed by an authorized corporate officer, principal, or partner with the authority to bind said
firm.
All responses must be marked on the outside:
“R equest to provide Auditing Services for the City of Clearwater, Florida
To be opened at 4:00 PM, EDT, June 8, 2010”
Each proposer is solely responsible for reading and completely understanding the
requirements of this RFP. The opening time shall be and must be scrupulously observed.
Under no circumstances will proposals delivered after the specified delivery time be
considered. Late submissions shall be returned unopened to the firm with the notation: “The
proposal was received after the delivery time designated for the receipt and opening of the
proposals”.
All proposals shall be prepared and submitted in accordance with the provisions of this RFP.
However, the City may waive any informalities, irregularities, or variances, whether technical
or substantial in nature, or reject any and all proposals at its discretion. Any proposal may be
withdrawn prior to the indicated time for opening of proposals or authorized postponement
thereof. No firm may withdraw a proposal within ninety (90) days after the actual date of the
proposal’s opening.
D. Ranking of RFP’s
Proposal ranking results will be announced and all responses shall be a matter of public
record. Criteria for evaluation are set forth in this document. These criteria will be used by the
City to determine, in its judgment, the proposal it deems to be in its best interest.
Negotiations will proceed, if at all, with the responsible ranked firm whose proposal is
determined by the City to be in its best interest. Offerors may be required to make
presentations. The City reserves the right to reject any or all responses with or without cause.
Attachment number 3
Page 3 of 15
Request for Auditing Services City of Clearwater RFP 16-10
II. SERVICES REQUIRED
A. Scope of Services
x Express opinion on the fair presentation of the City’s basic financial statements in
conformity with U.S. generally accepted accounting principles no later than February
28th
x Express opinion on the fair presentation of City’s
annually.
individual non-major
governmental, non-major enterprise, internal service and fiduciary funds financial
statements, including any budgetary comparisons presented as basic financial
statements, in conformity with U.S. generally accepted accounting principles, no later
than February 28th
x Perform certain limited procedures involving required supplementary information as
mandated by generally accepted auditing standards.
annually. Provide an “in-relation-to” opinion on the supporting
schedules of federal and state financial assistance.
x Provide a report on internal controls over financial reporting and on compliance and
other matters based on an audit of financial statements performed in accordance with
government auditing standards.
x Provide a report on compliance with requirements applicable to each major Federal
program and state project and on internal control over compliance in accordance with
OMB Circular A-133; Chapter 10.550, Rules of the Auditor General of the State of
Florida; and the Florida Department of Financial Services State Projects Compliance
Supplement.
x Provide a schedule of findings and questioned costs as mandated by the Single Audit
Act Amendments of 1996, OMB Circular A-133, and the Florida Single Audit Act.
x Provide any other reports required by the F ederal and S tate S ingle Audit Acts.
x Provide a Management Letter as required by Section 10.554(1)(i ) of the Rules of the
Auditor General of the State of Florida including all required disclosures.
B. Auditing Standards
The audit shall be performed in accordance with:
x Generally accepted auditing standards (GAAS) as set forth by the American Institute
of Certified Public Accountants.
x Government Auditing Standards issued by the Comptroller General of the United
States.
x OMB Circular A-133, Audits of State and Local Governments
x Federal Single Audit Act Amendments of 1996; Florida Single Audit Act; Section
215.97, Florida Statutes
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Request for Auditing Services City of Clearwater RFP 16-10
x Chapter 10.550 and 10.600, Rules of the Auditor General
x Chapter 11.45, Florida Statutes
x State of Florida Department of Banking and Finance R egulations
x Audits of State and Local Governmental Units (Revised) – AICPA
x Any other applicable federal, state and local laws, regulations, or professional
guidance not specifically listed above as well as any additional requirements which
may be adopted by these organizations in the future.
C. Assistance to be p rovided to the Auditor
x The City of Clearwater will prepare draft financial statements, notes, and all required
supplementary schedules and statistical data, including the Schedule of Expenditures
of Federal Awards and State Financial Assistance.
x Finance staff and responsible management personnel will be available during the audit
to assist the firm in providing additional information, documentation, and
explanations. City of Clearwater EDP personnel will be available to provide systems
documentation and explanations.
x The preparation of confirmations shall be the responsibility of the City of Clearwater
as directed by the auditor.
x The City’s Assistant Finance Director, or designee, will act as coordinator for the
audit and will be the primary contact for assistance to be provided to the auditor by
the City.
x The City will provide reasonable work space, tables, chairs, computer access,
telephone access, photocopying facilities, and facsimile services for the on-site audit
staff, to be used solely for the audit of the City.
x CAFR preparation and printing shall be the responsibility of the City.
D. Special Considerations
x The City requires that auditors opine at the fund level
x The City has received the Certificate of Achievement for Excellence in Financial
Reporting for the past thirty consecutive years and will continue to submit its
comprehensive annual financial report (CAFR) to the Government Finance Officers
Association for review via its Certificate of Achievement for Excellence in Financial
Reporting program. It is expected that the auditor will assist in the review of the
report for compliance with the requirements of that program prior to submission.
across all funds, including
non-major funds.
x The City currently anticipates it will prepare one or more official statements in
connection with the sale of debt securities which will contain the general purpose
financial statements and the auditor’s reports thereon. The auditor shall be required, if
requested by the City, to issue a “consent and citation of expertise” as the auditor
along with any necessary “comfort letters” at no additional cost to the City.
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Request for Auditing Services City of Clearwater RFP 16-10
x The City has determined that the U.S. Department of Housing and Urban
Development will function as the cognizant agency in accordance with the provisions
of the Single Audit Act Amended of 1996 and U.S. Office of Management and Budget
(OMB) Circular A-133, Audits of State and Local Governments.
x The Schedule of Expenditures of Federal and State Awards and the related auditor’s
report, as well as the related reports on compliance and internal control, and the
management letter are to be issued as part of the CAFR.
x The auditor will assist the City in complying with changes in reporting requirements
to remain in conformity with generally accepted accounting principles.
x The auditors shall be required to issue an immediate written report of all irregularities
and illegal acts or indications of illegal acts of which they become aware to the City
Manager, the Audit Committee and/or the City Council, as appropriate.
x The auditor shall submit a signed audit report on the fair presentation of the financial
statements in conformity with generally accepted accounting principles no later than
February 28th
annually, along with the required reports on internal controls and
compliance with laws and regulations.
E. Working Paper Retention and Access to Working Papers
All working papers and reports must be retained, at the auditor’s expense, for a
minimum of five (5) years, unless the firm is notified in writing by the City of the
need to extend the retention period; except grant-related working papers will be
retained for ten (10) years.
The auditor will be required to make working papers available, upon request, to the
following parties or their designees:
x City of Clearwater
x U.S. Department of Housing and Urban Development
x U.S. General Accounting Office (GAO)
x Parties designated by the federal or state governments or by the City as part of an
audit quality review process.
x Auditors of entities of which the City of Clearwater is a sub-recipient of grant
funds.
x In addition the firm shall respond to the reasonable inquiries of successor auditors
and allow successor auditors to review working papers relating to matters of
continuing accounting significance.
III. DESCRIPTION OF GOVERNMENT
The City of Clearwater serves an area of approximately 26 square miles with a population of
approximately 110,000. The City’s fiscal year begins October 1st and ends September 30
Background Information:
th
.
The City of Clearwater provides the following services to its citizens:
x Police and fire protection
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Request for Auditing Services City of Clearwater RFP 16-10
x Construction and maintenance of streets, bridges, sidewalks, storm drainage, public
parks, and recreational facilities
x City planning, zoning, subdivision and building code regulation and enforcement
x Supervised recreation programs
x Public libraries
x R edevelopment of declining commercial and residential neighborhoods
x Refuse and trash collection
x Comprehensive recycling program
x Natural gas distribution
x Water supply and distribution
x Storm and waste water collection, treatment, and disposal
x Parking system
x M arina, downtown boat slips, and beach fishing pier
x Executive airpark
More detailed information on the government and its finances can be found in the annual
budget and comprehensive annual financial report documents. These documents are
available for review at the City’s website: http://www.myC learwater.com/ (Office of
Management & Budget and Finance Department documents).
The City of Clearwater participates in the following retirement plans:
Pension Plans
Single Employer
Defined Defined
Plan Benefit
Clearwater Employees’ X
Contribution
Clearwater Firefighters’ Relief X
Firefighters’ Supplemental (Ch.175) X
Police Officers’ Supplemental (Ch.185) X
Management (401a) X
The actuarial services for the Clearwater Employees’ and Clearwater Firefighters’ Relief pension
plans are currently provided by Gabriel Roeder Smith & Company and Mouton & Company,
respectively.
The City offers its employees a deferred compensation plan adopted under Internal Revenue
Code Section 457.
Deferred Compensation plans
The City is self-insured within certain parameters for losses arising from claims for property
damage, general liability, auto liability and physical damage and workers’ compensation. The
City’s current actuary for the self-insurance program is AMI Risk Consultants, Inc.
Insurance
Component Unit
Attachment number 3
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Request for Auditing Services City of Clearwater RFP 16-10
Clearwater Redevelopment Agency (CRA) - a blended component unit, is presented as a non-
major special revenue fund in the City’s comprehensive annual financial report. Separate
financial statements are not available for the CRA.
IV. TECHNICAL REQUIREMENTS
A. To assure consistency, proposals must conform to the following format:
x Title Page -
List the RFP subject, the name of the firm, local address, telephone number, name of
contact person, and the date.
x Table of Contents
Include a clear identification of the material included in the proposal by page number.
x Transmittal Letter
Briefly state the proposer’s understanding of the work to be done (including audit
opinion at the individual fund level), the commitment to perform the work within the
required time period, a statement why the firm believes itself to be the best-qualified
to perform the engagement, and a statement that the proposal is a firm and irrevocable
offer for 90 days.
x Detailed Proposal
See below for description
B. Detail Proposal
General Requirements
The purpose of the technical proposal is to demonstrate the qualifications, competence,
and capacity of the firms seeking to undertake an independent audit of the City of
Clearwater in conformity with the requirements of this request for proposals. As such, the
substance of proposals will carry more weight than their form or manner of presentation.
The technical proposal should demonstrate the qualifications and experience of the firm
and of the particular staff to be assigned to this engagement. It should also specify an audit
approach that will meet the request for proposals requirements.
Cost proposals for services are requested as part of the response. The fees quoted should
include a breakdown of anticipated hours and rates of the various classes of personnel to
be assigned. Fees should be quoted for each of the five (5) years of the audit engagement.
Q ualified firms will be identified and ranked on the basis of qualifications, competence,
and capacity of the firms as demonstrated by the RFP response, and oral interviews if
necessary. Cost of services will be of secondary importance in evaluating qualified firms.
The technical proposal should address all points outlined in the RFP. The proposal should
be prepared simply and economically, providing a straightforward, concise description of
the proposer’s capability to satisfy the requirements of the RFP. While additional data may
be presented, the following subjects, items 1 through 10, must be included. They represent
the primary criteria against which the proposal will be evaluated.
Attachment number 3
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Request for Auditing Services City of Clearwater RFP 16-10
1. Independence
The firm should provide an affirmative statement that it is independent of the City of
Clearwater as defined by generally accepted auditing standards and the U.S. General
Accounting Office’s Government Auditing Standards
.
The firm should also provide an affirmative statement that it is independent of all potential
component units of the City of Clearwater as defined by those same standards.
The firm should list and describe the firm’s (or proposed subcontractors’) professional
relationships involving the City of Clearwater or any of its actual or potential component
units for the past five (5) years, together with a statement explaining why such
relationships do not constitute a conflict of interest relative to performing the audit.
In addition, the firm shall provide the City of Clearwater timely written notice of any
professional relationships involving the C ity or component units which the firm enters into
during the period of this agreement.
2. License to Practice in Florida
An affirmative statement should be included indicating that the firm and all assigned key
professional staff are properly licensed to practice in Florida.
3. Insurance Requirements
An affirmative statement should be included indicating that the firm can and will comply
with the insurance requirements as enumerated in this RFP.
4. Firm Qualifications and Experience
The proposal should indicate the total number of employees of the firm, the number of
employees considered to be governmental audit staff, the location of the office from which
the work on this engagement is to be performed, the number and nature of the professional
staff to be employed in this engagement on a full-time basis, and the number and nature of
the staff to be employed on a part-time basis.
If the proposer is a joint venture or consortium, the qualifications of each firm comprising
the joint venture or consortium should be separately identified and the firm that is to serve
as the principal auditor should be noted, if applicable.
The firm is also required to submit a copy of the report on its most recent external quality
control review, with a statement whether that quality control review included a review of
specific governmental engagements.
The firm shall also provide information on the results of any federal or state desk reviews
or field reviews of its audits during the past three (3) years. In addition, the firm shall
provide information on the circumstances and status of any disciplinary actions taken or
pending against the firm during the past three years with the state regulatory bodies or
professional organizations.
Attachment number 3
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Request for Auditing Services City of Clearwater RFP 16-10
5. Partners, Supervisory, and Staff Qualifications and Experience
The firm should identify the principal supervisory and management staff, including
engagement partners, managers, single audit staff, and other supervisors and specialists,
who would be assigned to the engagement and indicate whether each such person is
licensed to practice as a certified public accountant in Florida. The firm also should
provide information on the governmental auditing experience of each person, including
information on relevant continuing professional education for the past three (3) years and
membership in professional organizations relevant to the performance of this audit.
The firm should provide as much information as possible regarding the number,
qualifications, experience, and training, including relevant continuing professional
education, of the specified staff to be assigned to this engagement. The firm should
indicate how the quality of staff over the term of the agreement will be assured.
Engagement partners, managers, other supervisory staff and specialists may be changed if
those personnel leave the firm, are promoted, or are assigned to another office. These
personnel may also be changed for other reasons with the express prior written permission
of the City of Clearwater, which retains the right to approve or reject replacements. Other
audit personnel may be changed at the discretion of the proposer provided that
replacements have substantially equivalent or better qualifications and experience.
6. Prior Engagements with Other Governmental Entities
The firm should list separately all engagements within the last five (5) years for other
Governmental entities, by type of engagement (i.e. audit, management advisory services,
other).
For each engagement, the firm should indicate the scope of work, date, engagement
partners, total hours, the location of the firm’s office from which the engagement was
performed, and the name and current telephone number of the principal client contact.
7. Similar Engagements with Other Governmental Entities
For the firm’s office that will be assigned responsibility for the audit, list the five (5) most
significant engagements performed in the last five (5) years that are similar to the
engagement described in this request for proposal.
In dicate the scope of work, date, engagement partners, total hours, managers, specialists,
and the name and telephone number of the principal client contact.
8. Audit Approach
The proposal should set forth a general work plan, including an explanation of the audit
methodology to be followed. Proposers will be required to provide the following
information regarding their audit approach:
a. Proposed segmentation of the engagement
b. Level of staff and percentage of hours to be assigned to each proposed segment
of the engagement
Attachment number 3
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Request for Auditing Services City of Clearwater RFP 16-10
c. Extent of EDP software use in the engagement
d. Approach to be taken to gain and document an understanding of the City of
Clearwater’s internal control structure
e. Approach to be taken in determining laws and regulations subject to audit test
work
f. Sample sizes and the extent to which statistical sampling is to be used in the
engagement
g. Type and extent of analytical procedures to be used in the engagement
h. Approach to be taken in drawing audit samples for purposes of tests of
compliance
9. Identification of Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems, the
firm’s approach to resolving, and any special assistance that will be requested from the
city.
10. Cost Proposal
The cost proposal should contain all pricing information relative to performing the audit
engagement as described in this request for proposals. The total all-inclusive maximum
price to be bid is to contain all direct and indirect costs, including all out-of-pocket
expenses.
The cost proposal should include a total all-inclusive Maximum Price for each of the
2010, 2011, 2012, 2013, and 2104 engagements, along with the signature of an individual
empowered to represent the firm and sign a contract with the City.
Progress payments will be made on the basis of hours of work completed during the course
of the engagement in accordance with an agreement reached during contracted
negotiations. Interim billings shall cover a period of not less than a calendar month.
Twenty percent (20%) of the total annual contract will be retained pending delivery and
acceptance of the firm’s final reports.
All out-of-pocket expenses are to be included in the total all-inclusive maximum price and
any out-of-pocket expense reimbursements will be charged against the total all-inclusive
maximum price submitted by the firm.
V. EVALUATION OF PROPOSALS
An Audit Committee has been appointed by the City Council to review and evaluate all
proposals submitted in response to this Request for Proposal (RFP). The Audit Committee
shall conduct a preliminary evaluation of all proposals on the basis of the information
provided and other evaluation criteria as set forth in the RFP. The Audit Committee will
first review each proposal for compliance with the minimum qualifications and mandatory
requirements of the RFP. Failure to comply with any mandatory requirements may
disqualify a proposal.
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Request for Auditing Services City of Clearwater RFP 16-10
Proposals will be evaluated on the following criteria:
Mandatory Elements
:
1. The audit firm is independent and licensed to practice in the State of Florida.
2. The audit firm’s professional personnel have received adequate continuing professional
education within the preceding two years.
3. The firm has no conflict of interest with regard to any other work performed by the firm
for the City of Clearwater.
4. The firm submits a copy of its most recent external quality control review report and the
firm has a record of quality audit work.
5. The firm submits a cost proposal per the proposal requirements, including an all-inclusive
maximum price for each of the five (5) years of the contract period.
6. The firm adheres to the instructions in this RFP for preparation and submission of the
proposal.
Technical Qualifications
:
1. Expertise and Experience (Maximum Points – 40)
A. The firm’s past experience and performance on government engagements of
comparable size and complexity.
B. The quality and experience of the firm’s professional auditing personnel to be
assigned to the engagement and the quality of the firm’s management support
personnel to be available for technical consultation.
C. The quality and experience of the firm’s professional EDP auditing personnel
assigned to the engagement.
D. The quality and experience of the firm’s professional auditing personnel assigned
to perform the Single Audit.
2. Audit Approach (Maximum Points – 25)
A. Adequacy of proposed staffing plan for various segments of the engagement.
B. Adequacy of the general audit plan for the overall engagement.
C. Adequacy of the audit plan for the EDP function.
D. Adequacy of the audit plan for the Single Audit.
E. Completeness of the response to the RFP
F. Competitiveness of fee structure
3. Responses of references (Maximum Points – 10)
Upon completion of the Audit Committee’s rankings of proposals, top-ranked firms may be
required to make oral presentations. If oral presentations are required, a maximum additional
Attachment number 3
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Request for Auditing Services City of Clearwater RFP 16-10
score of 25 points will be assigned to the oral presentation in arriving at a total composite
score for each proposal.
VI. INSURANCE REQUIREMENTS
The Vendor’s insurance coverage shall include General Liability, Automobile Liability, Professional
Liability, and Workers’ Compensation and Employer Liability.
The Vendor (contractor) shall furnish, pay for, and maintain during the life of this contract, such
general liability insurance to protect the City, the Contractor, an any of his/her sub-contractors who
may be performing any work under the terms and provisions of this contract from claims for damages
or bodily injury, including accidental death, as well as from claims for this contract whether such
operations as may be performed by the Vendor or by any sub-contractor or by any other party directly
or indirectly employed by either the Vendor or the sub-contractor.
General Liability
The General Liability shall be the Comprehensive form including the categories of: Premises
and Operations, Underground and Collapse Hazard, Products and Completed Operations,
Contractual, Independent Vendors, Broad Form Property Damage, and Personal Injury in the
minimum amounts of $1,000,000 for combined Bodily Injury and Property Damage.
The Proposer’s comprehensive general liability policy shall include contractual liability on a
blanket or specific basis to cover this indemnification.
Automobile Liability
The Vendor shall maintain, for the life of the contract, Business Automobile Liability
Insurance, if applicable. The minimum limits of coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
coverage shall be an “Any Auto” type policy. Coverage shall be no more restrictive than the
latest edition of the Business Automobile Policies of the Insurance Services Office (ISO).
Professional Liability
The Vendor shall procure and maintain for the life of this contract, Professional Liability
Insurance. This insurance shall provide coverage against such liability resulting from this
contract/project. The minimum limits of coverage shall be $1,000,000 per occurrence with
deductible or self-insured retention (SIR) indicated.
The Worker’s Compensation and Employer Liability shall be in conformance with current State of
Florida Statutory requirements.
Worker’ Compensation and Employer Liability
Proof of Insurance
: The contractor shall furnish the City with satisfactory proof of coverage of all
insurance required by this RFP prior to commencing any work under this contract.
The Certificate of Insurance shall show the City of Clearwater as an additional insured party to the
Vendor and shall show that all sub-contractors or any other party directly or indirectly employed by
either the Vendor or the sub-contractor as additional insured party(s). The City shall be notified a
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Request for Auditing Services City of Clearwater RFP 16-10
minimum of thirty (30) days prior to any cancellation of policy which may occur prior to the policy
expiration date contained on the Certificate of Insurance.
Other Provisions
Any party providing services or products to the City will be expected to enter into a written agreement,
contract, or purchase order with the City that incorporates, either in writing or by reference, all of the
pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to
do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products
to the City.
:
Insurance coverage shall be written by a company licensed to do business in the State of Florida and
satisfactory to the City.
The Vendor shall defend, indemnify, save and hold the City harmless from any and all claims, suits,
judgments, and liability for death, personal injury, bodily injury, or property damage arising directly or
indirectly from the performance by the Vendor, its employees, subcontractors, or assigns, including
legal fees, court costs, or other legal expenses. Vendor acknowledges that it is solely responsible for
complying with the terms of this RFP. In addition, the Vendor shall, at its expense, secure and provide
to City, prior to beginning performance under this RFP, insurance coverage as required in this RFP.
VII. OTHER RFP PROCEDURES AND TERMS
A. Where and How to Deliver Inquiries:
Questions to be submitted to Mr. George McKibben, Purchasing Manager, City of Clearwater, P.O.
Box 4748, Clearwater, Florida 33758-4748, or George.McKibben@myclearwater.com.
B. How RFP Addenda Will Be Communicated:
The City shall not be responsible for oral interpretations given by any City employee, representative, or
others. The issuance of a written addendum is the only official method whereby interpretation,
clarification, or additional information may be given. If any addenda are issued to this RFP, the City
will attempt to notify all prospective firms who have secured same. However, it shall be the
responsibility of each firm, prior to submitting the proposal, to contact the City of Clearwater’s
Purchasing Manager (727-562-4634) to determine if addenda were issued and to make such addenda a
part of the proposal.
C. General Terms:
The winning vendor may be rejected as the primary selection if that vendor cannot successfully
negotiate the contract with the City to the satisfaction of the City.
D. Appropriations Clause:
The City, as an entity of government, is subject to the appropriation of funds by its legislative body in
an amount sufficient to allow continuation of its performance in accordance with the terms and
conditions of this contract for each and every fiscal year in which this contract is executed and entered
into and for which this contract shall remain in effect. Upon notice that sufficient funds are not
available in the subsequent fiscal years, the City shall thereafter be released of all terms and other
conditions.
E. Right To Protest:
Attachment number 3
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Request for Auditing Services City of Clearwater RFP 16-10
Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a
contract may seek resolution of his/her complaints by contacting the Purchasing Manager.
F. No Corrections:
Once a competitive proposal is submitted, the City shall not accept any request by any proposer to
correct errors or omissions in any calculations or competitive price submitted.
G. Openness of Procurement Process:
Written competitive proposals, other submissions, correspondence, and all records made thereof, as
well as, negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters
119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of
any proposal once submitted.
H. No Collusion:
By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed
or compared his/her competitive proposal with other proposers and has not colluded with any other
proposer or parties to this competitive proposal whatsoever.
I. Informality Waiver / Rejection of Bids:
The City reserves the right to reject any or all responses and to waive any irregularity, variance or
informality whether technical or substantial in nature, in keeping with the best interests of the City.
Attachment number 3
Page 15 of 15
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc., providing for
additional services to be included in the scope of services described in the initial Agent of Record Agreement dated May 2, 2001 and the
Renewal of Agent of Record Agreement dated April 26, 2006. (consent)
SUMMARY:
The City has contracted with Gehring Group to serve as Agent of Record providing consulting services related to City health insurance
and other benefits since 2001. Over that time, the scope of services provided by Gehring Group has expanded to include numerous
additional services, with no increase in the commission fee structure between Gehring Group and City insurance providers. This
Addendum codifies the following services to be included in the scope of services provided by Gehring Group to the City of Clearwater:
Provide bid, evaluation, development, implementation, and cost and savings analysis services related to on-site medical clinic
operations.
Provide Deferred Compensation Plan Review services.
Provide Human Resources Information, including Health Care Reform updates, through client-only internet access to
my.gehringgroup.com Client Portal service.
The Addendum will be effective for a two-year period commencing October 1, 2010 and ending September 30, 2012, with automatic
renewal thereafter unless terminated in writing by either party 30 days prior to the expiration date.
Review Approval:1) Legal 2) Human Resources 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk
Cover Memo
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Page 1 of 3 Pages 07/19/10
ADDENDUM TO AGENT OF RECORD AGREEMENT
BETWEEN CITY OF CLEARWATER AND GEHRING GROUP, INC.
This Addendum (“Addendum”), dated the ___ day of _______________, 2010 by and
between the City of Clearwater(“CITY”), and Gehring Group, Inc, (“GEHRING”), hereby
supplements the terms and conditions of the Renewal of Agent Agreement dated April 26, 2006
and previously executed Agent of Record Agreement dated May 2, 2001, a copy of each of
which is attached hereto as Exhibit “I”
This Addendum is made a part of the Agreement.
WHEREAS, GEHRING currently provides CITY with all services currently outlined in
Scope of Services Exhibit A and Exhibit B per currently in force Agent of Record Agreement;
WHEREAS, GEHRING has provided CITY with the internet based benefits
administration and enrollment system, BenTek, starting with the plan year January 1, 2007;
WHEREAS, CITY desires to have GEHRING provide these same services to CITY, as
well as to append the scope of services provided to include the continued provision of BenTek as
well as:
• Independently bid, evaluate and assist with development of on-site clinic
• Assist in clinic implementation process
• Provide on-site clinic follow up savings analysis
• Provide a Human Resources Tool and Health Care Reform Updates through a client
only internet accessible Client Portal: my.gehringgroup.com
Attachment number 2
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• Provide for Deferred Compensation Plan Review services for City of Clearwater
Retirement Benefits Program to include the following:
1. Recommendations regarding formation and function of the Retirement Plan
Committee
2. Creation of a custom Investment Policy Statement
3. A comprehensive review and analysis of the current investments offered by
each of the vendor programs available to the City of Clearwater employees
with suggested investment line-up changes.
4. Provision of the Fiduciary Investment Monitoring Report (or similar) to each
Retirement Plan Committee member twice per year with a formal review at
the City of Clearwater offices. The report will analyze the investments
offered by the current vendors.
5. Preparation of meeting minutes documenting the bi-annual Retirement Plan
Committee meetings.
6. Participation in the annual Plan review meetings with the Retirement Plan
Committee members and each vendor.
Further, whereas, GEHRING agrees that in matters where Gehring Group may be deemed to fit
the definition of a business associate pursuant to the HITECH privacy provisions of ARRA,
Gehring Group agrees to comply with the HIPAA Administrative Simplification Security Rule as
outlined in Section 13401 under Subtitle D of Title XIII in the American Recovery and
Reinvestment Act of 2009, effective February 17, 2010.
NOW, THEREFORE, and in consideration of the promises and the mutual covenants
herein contained, the parties hereto agree as follows:
TIME OF PERFORMANCE. This agreement shall be renewed for a renewal period of two
years, as provided for in Paragraph 2 of Agent of Record Agreement, said period to commence
October 1, 2010 and running through September 30, 2012. This agreement will thereafter be
Attachment number 2
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Page 3 of 3 Pages 07/19/10
automatically renewed for successive one-year terms unless terminated in writing by CITY or
GEHRING at least thirty calendar days prior to the annual expiration date (September 30).
SCOPE OF SERVICES. All remaining terms and conditions of the original Agent of Record
Agreement are accompanying Scope of Services incorporated herein by reference and shall
continue in full force and effect throughout the remaining term of this agreement.
IN WITNESS WHEREOF, the CITY and GEHRING, have executed this Addendum of
Services on the date first above written.
GEHRING GROUP
By: _________________________________________
Print Name: Kurt Gehring
Title: President
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and International City Management
Association Retirement Corporation (ICMA-RC) for the 401a Money Purchase Pension Plan and the 457k Deferred Compensation
Plan, to be effective October 1, 2010 through September 30, 2017. (consent)
SUMMARY:
The City currently contracts with ICMA as the sole provider for the City’s 401a Money Purchase Pension Plan, an individual retirement
account plan funded by City contributions only, and as one of two providers for the City’s 457k Deferred Compensation Plan, a separate
voluntary individual retirement account plan funded by plan participants with no City contributions. This Amendment is a renewal of
the current ICMA Administrative Services Agreement for a seven -year period, to be effective October 1, 2010. The amended service
agreement codifies the scope of services to be provided by ICMA, includes maintaining the current provisions for waiving Plan
Administration Fees, Account Maintenance Fees, and Mutual Fund Services Fees, as well as establishing a new provision affording plan
participants the ability to receive an individual Financial Needs Assessment at no cost for the life of the agreement.
Review Approval:1) Legal 2) Human Resources 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk
Cover Memo
AMENDMENT
TO THE
Administrative Services Agreements
for Plan Numbers 300269, 109729
This Amendment to the Administrative Services Agreements (“Agreements”) for Plan numbers
300269, 109729 (the “Plans”) is entered by and between City of Clearwater (“Employer”) and
ICMA Retirement Corporation (“ICMA-RC”), effective as of the date of execution by the
Employer below (“Execution Date”).
WHEREAS, the Employer sponsors the Plans on behalf of its eligible employees and retirees;
and
WHEREAS, the Employer entered the Agreements to engage ICMA-RC to provide
administrative services and investments for the Plan under the terms specified in the
Agreements; and
WHEREAS, Section 10(a) of the Agreement provides that the Agreements may be amended
pursuant to a written instrument signed by the parties;
NOW, THEREFORE, the Agreements are hereby amended as follows:
FIRST
Section 1 of the Agreements, titled “Appointment of ICMA-RC” is amended to provide as
follows:
Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all
nondiscretionary functions necessary for the administration of the Plan with
respect to assets in the Plan deposited with the Trust. The functions to be
performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement.
SECOND
This agreement shall be in effect for an initial term beginning on the Inception
Date and ending 7 years after the Inception date. During the initial term, ICMA-
RC shall provide a Financial Needs Assessment to any participant who requests
for no additional charge to the Participant as indicated in item (n) of Exhibit A
attached hereto. The term of this Agreement may be extended upon the mutual
agreement of the parties.
The term amendment specified in item (n) of Exhibit A to the Agreement will take effect
following the Retirement Corporation’s receipt of one fully-executed copy of this Amendment
Attachment number 1
Page 1 of 4
In all other respects, the Agreements are hereby ratified and affirmed.
IN WITNESS WHEREOF, Employer has caused this Amendment to be executed by its duly
authorized officer this day of , 2010.
INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION
By _____________________________
Angela C. Montez
Assistant Corporate Secretary
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 4
Exhibit A
Administrative Services
The administrative services to be performed by ICMA-RC under this Agreement shall be as
follows:
(a) Participant enrollment services, including providing a welcome package and
enrollment kit containing instructions and notices necessary to implement the Plan’s
administration.
(b) Establishment of participant accounts for each employee participating in the Plan for
whom ICMA-RC receives appropriate enrollment forms and records. ICMA-RC is
not responsible for determining if such Plan participants are eligible under the terms
of the Plan.
(c) Allocation in accordance with participant directions received in good order of
individual participant accounts to investment funds offered under the Trust.
(d) Maintenance of individual accounts for participants reflecting amounts deferred,
income, gain or loss credited, and amounts distributed as benefits.
(e) Maintenance of records for all participants for whom participant accounts have been
established in paper or electronic format. These files shall include enrollment
instructions, beneficiary designation instructions (to the extent provided to ICMA-
RC) and all other written correspondence and documents concerning each
participant's account, and if applicable, records of any transaction conducted through
the Voice Response Unit (“VRU”), the Internet or other electronic means.
(f) Provision of periodic reports to the Employer and participants of the status of Plan
investments and individual accounts.
(g) Communication to participants of information regarding their rights and elections
under the Plan.
(h) Making available Investor Services Representatives through a toll-free telephone
number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday
(excluding holidays and days on which the securities markets or ICMA-RC are closed
for business (including emergency closings), to assist participants.
(i) Making available a toll-free number and access to VantageLine, ICMA-RC’s
interactive VRU, and ICMA-RC’s web site, to allow participants to access certain
account information and initiate plan transactions at any time.
(j) Distribution of benefits as agent for the Employer in accordance with terms of the
Plan.
(k) Upon approval by the Employer that a domestic relations order is an acceptable
qualified domestic relations order under the terms of the Plan, ICMA-RC will
Attachment number 1
Page 3 of 4
establish a separate account record for the alternate payee and provide for the
investment and distribution of assets held thereunder.
(l) Loans may be made available on the terms specified in the Loan Guidelines, if loans
are adopted by the Employer.
(m) Online Advice may be made available through a third party vendor on the terms
specified on ICMA-RC’s website.
(n) ICMA-RC will offer a Financial Needs Assessment to any participant who requests it
at no charge to the Participant.
Attachment number 1
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve the timeline for negotiating changes to the Employees’ Pension Plan, provide direction on changes desired, and appropriate
$200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and
actuary services related to such changes.
SUMMARY:
Staff will be making recommended pension plan changes based on prior Council guidance to focus on eliminating the no-cost spousal
benefit, limiting the inclusion of overtime in final pension calculations, extending the years of service to be eligible for retirement, and
establishing of a second tier plan for future employees.
Prior to that recommendation, these potential changes must first be coordinated with the Pension Plan Attorney to ensure compliance
with all applicable laws and the Plan Actuary for a cost analysis. Once these recommendations are approved, the City must collectively
bargain these changes with all the City Unions. Once collective bargaining is completed, an actuarial impact statement must be
completed, approval obtained by the State Division of Retirement, drafting of the referendum language, and final approval by City
Council. Due to these required steps the earliest a referendum can be held is November 2012.
The proposed time line is as follows:
Council determines specific changes to pursue: Sep-Oct 2010
Actuary provides cost data: Oct-Nov 2010
Follow-up discussions with City Council: Jan 2011
Collective bargaining: Feb-Apr 2011
Union agreement or impasse: May-Oct 2011
Actuary impact statement: Nov 2011-Jan 2012
Obtain State approval: Feb-Apr 2012
Draft referendum language May 2012
1st and 2nd Readings: Jun-Jul 2012
Ballot question to County Aug 2012
Referendum: Nov 2012
Review
Approval:
1) Financial Services 2) Human Resources 3) Financial Services 4) Office of Management and Budget 5) Clerk 6) Assistant
City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Potential Pension Plan Options
This memorandum provides a summary of potential pension plan changes which the City may consider.
The goal of any changes would be to achieve long term savings for the plan and ultimately reduce cost
to the City. At the same time, providing an appropriate benefit to all of our employee groups which will
ensure recruiting and retention is not negatively impacted.
There has been a great deal of analysis provided by Staff, the Plan Attorney, and Plan Actuary regarding
potential changes, the minimum benefit levels that must be maintained to meet Chapter 175/185
requirements , and the process we must follow to comply with State law. The City Council has been
provided a recommended timeline that will allow us to submit any changes to a referendum during
2012.
One potential change is to create a second tier defined benefit plan. We are not permitted to reduce or
impair any benefit that has already been earned. However, we can create a new tier which will provide
a reduced benefit for all newly hired employees and would result in savings for the plan. This approa ch
would permit lower actuarial cost assumption for future employee pension benefits while maintaining a
steady flow of new employees with a lower per capita retirement cost and a continuing stream of
employee contributions.
We can also include current employees for benefits not yet earned which would result in more
immediate savings. The expectation our employee groups would agree to these changes without other
concessions is minimal.
A new tier could include the following:
1. Reduce the retirement Benefit Multiplier from the current 2.75%. We would ask the Actuary
to cost out the savings for a .25% multiplier reduction to 2.0%. The multiplier for hazardous
duty employees must not go below 2% in order to retain Chapter 175/185 funding.
2. Change the normal form of retirement benefit from a 100% survivor annuity paid monthly for
five years; 50% survivor annuity thereafter to a ten year certain and life thereafter for
hazardous duty employees and a life annuity for non-hazardous duty employees.
3. Change the line of duty disability benefit from not less than 66 2/3% to not less than 42%.
4. Limit the inclusion of overtime in the benefit calculation to 300 hours for Police and zero for
all other employees.
5. Raise the employee contribution from the current 8% of pay. (Raising the contribution for
hazardous duty employees would require a corresponding increase in benefits to comply with
Chapter 175/185 requirements).
6. Raise the normal retirement age to attain eligibility for receiving retirement benefits.
A second option is to create a defined contribution (401A) plan. This could be done for all employees or
could be accomplished for all non-hazardous duty employees while maintaining the current or second
tier defined benefit plan for hazardous duty employees. If this option was implemented for hazardous
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duty employees, the City would lose all future Chapter 175/185 premium tax revenue. We could also
anticipate that our ability to recruit and retain Police Officers and Firefighters would be significantly
impacted. Using the FRS DC plan as a comparator, the City contribution rate would be 9% of pay. The
City of Largo currently contributes 5% of pay while the employees contribute 5% of pay. Largo also
participates in Social Security which would be an additional 6.2% of pay.
We certainly would have the option to reduce or even eliminate the employer contribution. If the City
chose to not have these employees participate in social security, the benefit would have to be
equivalent to the benefit provided by social security. If we choose to participate in Social Security, the
City contribution would also be 6.2%.
Maintaining a defined benefit plan only for hazardous duty employees will most likely result in an
increased employer contribution for those classes of employees. Another consideration is closing down
the current Pension Plan will require the City to continue funding the plan for as long as there eligible
participants/beneficiaries. It would also result in the elimination of the employee contribution.
Conceivably, we may choose to adopt many of these changes, but more analysis is needed before we
can reach a final position. The recommendation, at this point, is for Council to authorize staff to engage
the Plan Actuary so the potential savings and/or costs can be determined. Any cost incurred by this
initiative cannot utilize pension funds.
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year
renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center's common areas to the CCSA in
lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The current five-year lease will expire on September 30, 2010. The Clearwater Community Sailing Association (CCSA) has
satisfactorily performed all requirements of the management agreement and requests approval of the five-year renewal option. CCSA
currently pays $1,271.76 per month in rent and has assumed an annual CPI increase each January for the past five years. In lieu of the
CPI increase, CCSA requests to assume the responsibilities of the custodial contract that would save the city $27,500 in custodial
contractual obligations. At an average CPI increase of 2.96% over the past five years, the city would have made an additional $2,258.40
during the whole five-year period. The CCSA assuming the custodial contract saves the city $25,241.60 without the CPI increases
annually.
In FY 2002, the city’s operational budget for the sailing center was $181,600, while bringing in $36,840 in revenue, with a cost to the
taxpayer of $144,760. Personnel expense at that time was approximately $92,500 with an operating expense of $89,100. After
partnering with CCSA, a 501(c)3 organization, the city was relieved of the personnel and operational expense of the sailing center. The
city maintains the facility and custodial contract. In FY2009, CCSA had an operational budget of $403,593 with a net income of
$38,356.
ClearwaterCommunity Sailing Center’s Value to the Community
Under CCSA management, services, activities, usage and visibility have vastly expanded and provided a great deal of goodwill locally,
nationally and internationally for the Clearwater community. The reputation of the center reflects positively on the City and area. In FY
2009, CCSA received over $50,000 in donations from private donors and civic associations. The organization has received
approximately $100,000 in the past 3 years and an additional $25,000 in equipment and boats.
Programs – Over 2,600 children, ages 8-16, have attended CCSC summer & out-of-school camps in the past 5 years. Approximately
500 children attended summer sailing camps this past year. More than 1,500 adults, ages 17 to 80, have taken some form of sailing
instruction at CCSC. Students have been both able bodied and challenged.
CCSA is the home of Sailability of Greater Tampa Bay, which is an organization that promotes sailing to diverse organizations and
persons with all abilities. Using adaptable boats and equipment based at the center making the center a fully accessible facility. Some of
the organizations that have benefitted from Sailability are the Shriners, Boys & Girls Clubs, the Sheriff’s Youth Ranch, the disabled
Vets, St. Anthony’s Children’s Hospital and the Special Olympics. Sailability is a Special Olympics sanctioned sail training facility
hosting Special Olympic regattas and supporting Special Olympic regatta participation in other parts of the state.
CCSA has worked with the Clearwater Yacht Club and has hosted various national and international regattas, such as the ISAF Laser
Mid-Winters that was held in February bringing over 150 sailors from around the world to Clearwater. Other regattas include the Snipe
Midwinter Championships, Clark Mills Regatta, and the hometown favorite Carlisle Classic commemorating the Carlisle Family for
their contributions to the sailing center. These various regattas have brought approximately 300 sailors to the area. Each event is a 2-4
day event with sailors arriving early and sometimes staying over for practice and training until the next regatta.
Community Service Programs – The facility provides a variety of services for the community, such as Coast Guard Auxiliary Safe
boating classes, watercolor and yoga. The Sand Key Civic Association and other condo associations use CCSC for their monthly and
annual meetings.
Membership and Supporting Organizations – built from approximately 25 members in October 2002, the organization has over 200
members today. The following provide volunteer and financial support: Sand Key Civic Association, Clearwater Yacht Club,
Clearwater Rotary, Tampa Bay Pilots Association, Paralyzed Veterans Association, and The Christopher Reeve Foundation. CCSC is
extremely appreciative to the City of Clearwater whose support over the last 8 years has been instrumental to the center’s success.
CCSA is expanding water-sporting opportunities with Kai Aniani Canoe Club for outrigger canoeing and racing and Kahuna
Cover Memo
Kai/Standup Fitness for standup paddling, which is the latest craze in non-motorized water-sports.
The vision and business plan for CCSA anticipates building a waterfront facility that offers a wide variety of environmentally friendly
non-motorized water sports to the community and area and will become the epicenter for promoting water safety and sporting and
educational programs.
Review
Approval:
1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Marine and Aviation 6) Financial
Services 7) Financial Services 8) Office of Management and Budget 9) Legal 10) Clerk 11) Assistant City Manager
ED 12) Clerk 13) City Manager 14) Clerk
Cover Memo
Drafted by Bev Buysse, July 6, 2010 1
Business Plan
2010 – 2015
Attachment number 1
Page 1 of 9
Drafted by Bev Buysse, July 6, 2010 2
Background
Years ago local sailors flocked to the beach at Sand Key to launch boats off the sandy area where today
stands the CCSC. It was due to the combined efforts of many local sailors from individuals, Clearwater
Yacht Club (CYC) and Windjammers of Clearwater (WJoC) that the site was saved from becoming a parking
lot and transformed it into one of the finest sailing facilities in the United States.
In 1991, the current facility was built and operated by the City of Clearwater as a recreational facility
falling under the Marine & Aviation Department. In 2002 the city partnered with Clearwater Community
Sailing Association a 501(c)3 non-profit organization to take over the operations and programs at the
facility. Under the management of CCSA expanded services, activities, usage and visibility of CCSC have
provided a great deal of goodwill locally, nationally and internationally for our Clearwater community. The
reputation of the center reflects positively on the city and area. The escalating growth of the services and
the demand for them has greatly taxed our available facilities, boats and equipment. In particular,
classroom facilities are a major area of concern with most of our programs needing and competing for the
very limited classroom or meeting space. Waterfront access is a concern too, as the center has expanded
as a host site for numerous national and internatio nal regattas, and summer camp programs continue to
grow, launching and rigging space has become congested and is limited.
Programs – Over 2600 youngsters from 8 – 16 have attended CCSC summer and out of school camps from
2005 -2010. In 2010 approximately 500 children attended the ten weeks of summer sailing camp. More
than 1500 adults from 17-80 have taken some form of sailing instruction at CCSC. Our students have been
both able bodied and handicapped. Over 1000 sailors from across the U.S. and around the globe
participate each year in regattas sailed out of CCSC.
Programs for Physically Challenged Sailors – Sailability of Greater Tampa Bay (SGTB) partnered with CCSA
to provide sailing programs to people with disabilities using adaptable boats and equipment based at
Clearwater Community Sailing Center’s fully accessible facility. SGTB also provides sailing instructio n and
training for the Special Olympics, and is a Special Olympics sanctioned training facility hosting Spec ial
Olympic regattas and supporting Special Olympic regatta participation in other parts of the state. SGTB’s
community outreach programs have hosted events for several community groups including the Shriners
Hospital Children, the Boys & Girls Clubs of Tampa Bay, the Florida Sheriff’s Youth Ranch, and All
Children’s Hospital the Paralyzed Vets of America, Veterans’s from Bay Pines VA Hospital and the James A.
Haley Va Hospital, and the Muscular Dystrophy Association, just to name a few. Community Service
Programs – Our facility is used to provide a variety of services for the community. Coast Guard Auxiliary
conducts safe boating classes to approximately 300 students each year. Watercolor and yoga classes are
offered at our facility and are geared toward our senior population. The Sand Key Civic Association and
Sand Key condo associations use CCSC for their monthly and annual meetings. CCSC is also host to
numerous wedding receptions and parties for local and area residents.
Volunteers – Our membership base has provided thousands of volunteer hours that have helped support
the Sailing Center’s mission. Volunteers perform such varied tasks as yard and beach clean-up, vessel
repair, assisting instructors in group instruction and with Sailability Community Sails, as volunteer captains
Attachment number 1
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Drafted by Bev Buysse, July 6, 2010 3
for special groups and events and as “eyes on the water,” our safety program of keeping track of all boats
we have on the water at any given time.
Membership – Built from approximately 25 in October 2002 to a membership population of over 200
today. Spectrum of audience reached provides a full spectrum of today’s society. We serve ages from 8 to
seniors, both able bodied and handicapped or special needs sailors. The latter being served in conjunction
with our partner SGTB. Geographically, approximately 75% of our clients live in Clearwater, St. Petersburg,
or Tampa and the surrounding areas. The remainder is both domestic and international visitors. Many are
repeat customers who return year after year with the sailing center as one of the attractions that brings
them back to Clearwater.
Supporting Organizations – CCSC enjoys the support both volunteer and economically from a number of
organizations: Sand Key Civic Association, Clearwater Yacht Club, Clearwater Rotary, Tampa Bay Pilots
Association, Paralyzed Veterans Association, The Christopher Reeve Foundation. CCSC has received
approximately $100,000 from private donors and civic organizations in the past 3 years.
Boat Storage – The main yard is used for the center’s fleet of boats. There is a north beach storage pen
that is used to store members boats and is a convenient launching site for the smaller craft. Storage is
provided for a nominal fee and the rate is adjusted to size of boat.
Physical Site - The current site consists of a modern building with office, storage, repair, elevator, utility,
toilet, shower and meeting rooms with an upper and lower veranda. There are two fixed docks extending
162 feet into the harbor with floating platforms on each end with the northern dock being ADA accessible
and a boat lift on the southern dock. The physical site includes all land from the edge of Gulf Boulev ard to
the water edge and from the property line of the Marriott at the south end to the north storage pen at the
base of Sand Key bridge. Other storage areas include the property under the south side of Sand Key bridge
to the County Park property line.
Income Activities:
The sailing center is host to numerous programs and activities that provide income for the daily operations
at the center.
• Boat rentals
• Boat storage
• Facility rentals
• Sailing lessons
• Youth programs
• Regattas
• Memberships
• Retail
• Grants, donations and other sources of funding
Attachment number 1
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Drafted by Bev Buysse, July 6, 2010 4
Staffing and Hours of Operation
CCSA currently has one full time staff member, the Director, with five primary part-time employees and
ten seasonal employees to provide instruction for summer camp. The Director reports to the CCSA Board
of Directors. The rest of the staff reports to the Director.
The hours of operation are 9:00 am to 5:00 pm Tuesday through Sunday with the center closed on
Mondays. During the summer the center is open on Mondays for summer camp and currently has
extended hours on Wednesday evenings for member racing.
Staffing is provided for facility rentals and often the use of the facility is outside of the normal o perational
hours.
Pricing and Profitability
Pricing for fees, goods, and services were set by previous management and were set to be competitive
with other community sailing centers in the state. A pricing survey will be conducted to ensure CCSA’s
rates and fees are competitive and in alignment with other community sailing centers.
Issues
CCSA has been through a transitional period with st affing. There has been no consistency in the leadership
nor direction of the center. The transition has left the center without written records of past agreements
with outside instructors and contractors. Thus the center has been taken advantage of by several different
groups all with their own agenda and personal or organizational gain at the center’s expense.
Mission:
The Mission of the Clearwater Community Sailing Center is to provide safe, enriching and
affordable sailing opportunities to local residents and visitors, including youth, seniors and the
disabled for the enjoyment and benefit of our entire community.
Vision: (old)
The Vision of CCSC is to become the region’s most comprehensive, premier, all-year round sailing
center.
Vision: (New)
CCSC will become the premier non motorized waterfront facility, offering sailing, kayaking,
paddling and other environmentally friendly aquatic activities and programs that promote water
safety and education as well as being the home port for various clubs and organizations and will
host events promoting water sports .
Values:
• Committed to providing a physically and emotionally safe environment for all of our members
and visitors.
Attachment number 1
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Drafted by Bev Buysse, July 6, 2010 5
• Believe and follow the principle of inclusion. We welcome and encourage everyone to
participate in our activities regardless of age, gender, race, creed, place of origin, financial
status or physical ability.
• Promote respect and appreciation for one’s self, others, society as a whole and the natural
environment.
• Strive for continual improvement of individuals and organizations. The CCSC recognizes that
this can be facilitated through healthy competition and the cooperation among various
individuals and groups.
• Promote the development of the true sportsmanship.
Goals
1. Grow current programs and participation levels by:
a. Developing a marketing and advertising plan
i. Review current marketing and improve marketing strategies
ii. Determine and promote programs to the right demographic
iii. Utilize available resources for marketing
1. Hotels, beach businesses, business chambers of commerce
2. Financial growth and sustainability
a. Promote use and rental of facility through marketing and advertising
b. Fully utilize all water access for launching to maximize all programs & activities
i. Sailing both for youth, mature able bodied and disa bled members
ii. Promote kayaking and offer a wider selection of programs in this area
iii. Promote all paddling programs:
1. Standup paddling
2. Outrigger paddling
3. Board paddling and surf skiing,
c. Expansion of programs, activities and events
i. Broaden the scope of programs
1. Offer wider variety of sailing programs
a. Windsurfing lessons for all
b. Kitesurfing lessons
c. Scheduled sailing programs and lessons
2. Offer a wide variety of kayaking programs
3. Offer a wide variety of paddling programs
ii. Promote, grow and host events and regattas
1. Grow from current level and number of regattas
a. Work with CYC to promote regattas
b. Provide race official’s instruction
c. Grow local fun racing
2. Offer other water sporting events
a. Paddling races
b. Kayaking outings
Attachment number 1
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Drafted by Bev Buysse, July 6, 2010 6
c. Open water swims
iii. Promote water safety programs
1. Educational programs
a. Community safety education
i. First aid and CPR
ii. Waterfront lifeguarding courses
b. Sailing and boating safety education
c. Marine environment education
iv. Promote aquatic educational opportunities to local educational facilities
1. Private schools
2. Local colleges for accreditation
d. Attract grants and donations through programs offered
e. Expand retail items for purchase
f. Expand footprint of current facility to include the entire beach area north of the center.
3. Promote cooperative effort with local business, civic and community organizations to further the
development of the center.
a. Provide Corporate memberships for area businesses
b. Develop sponsorships to support various programs
c. Revitalize the committees that support the operations and safety of the center
d. Revitalize the volunteer program
Each goal will have objectives and strategic initiatives that will be developed to accomplish the goal. These
goals will ultimately make the center more viable and financially sustainable.
Recommendations:
• Increase facility rental to $1200 for a six hour period with a $225 per hour rental for use of the
facility for less than a six hour period.
• Purchase three more getaways for lessons and rental
• Increase retail inventory
• Increase memberships
• Market team builders to area beach hotels
• Provide adequate and appropriate staffing for center
• Focus on developing new programs to augment the current programs
Financial History and Five Year Projections
The historical data collected in the table below is used to provide the upcoming five year projections. The
projections are conservative, based on the current state of the economy and the fluctuating net income. The
net income does not have an increasing/decreasing pattern in revenues, therefore the baseline for the next
five year projections are taken from the average income over the past five years (FY 2005 through FY 2009)
with a projected a 5 percent increase over each of year.
Attachment number 1
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Drafted by Bev Buysse, July 6, 2010 7
An analytical review of the expenses for the center shall be conducted with a focus on areas to decrease
and/or maintain the expenses, while continuing to grow the revenues.
Historical Budget with actual figures.
FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010
Actual Actual Actual Actual Act to Jun
INCOME
Total Contributions 22,025.84 35,117.92 37,022.53 66,652.48 52,167.45 36,946.73
Inactive Income
Accounts -3,357.85 2,357.72 -4,400.13 -994.01 -1,022.39 -347.89
Total Non-Profit
Income 223,303.68
357,203.0
3
418,813.9
4
310,634.6
5
353,165.0
7
250,268.6
2
Overage/Shortage 0.00 0.00 0.00 0.00 -717.00 0.00
Total Income 241,971.67 394,678.67 451,436.34 376,293.12 403,593.13 286,867.46
Gross Profit 241,971.67 394,678.67 451,436.34 376,293.12 403,593.13 286,867.46
EXPENSES
Total Bank Charges 4,304.21 5,375.92 4,968.92 5,834.07 5,652.86 3,335.96
Total Dues
Subscriptions 170.00 471.25 321.00 654.41 851.25 766.24
Employee Benefit 0.00 0.00 1,689.93 3,523.84 1,008.55 126.00
Information Technology 211.85 0.00 0.00 0.00 0.00 1500
Insurance 18,474.22 18,509.04 24,936.09 27,104.86 20,383.88 22,215.06
Facility Maintenance 766.74 2,151.99 4,041.11 1,669.90 -2,961.07 1,144.36
Boat Maintenance 2,426.64 13,589.93 29,120.27 27,465.51 7,679.50 5,341.26
Total Maintenance 14,291.54 15,741.92 33,161.38 29,135.41 16,060.54 10,534.92
Marketing 889.76 1,703.20 1,470.00 12,353.90 5,429.19 1,790.50
Office Expense 1,261.80 2,744.79 2,828.56 3,202.05 5,033.68 5,420.91
Operating Expense 5,829.24 36,037.37 42,347.21 16,879.10 17,332.44 7,754.04
Personnel/Payroll 131,336.07
188,782.9
6
254,439.8
4
212,122.8
8
219,992.6
4
115,539.6
9
Permits & Licenses 87.38 101.06 219.65 582.16 547.15 1,105.92
Professional Fees 4,626.77 4,908.24 6,681.78 5,511.84 10,603.01 1,881.01
Regatta Expense 1,003.95 3,880.74 3,147.50 2,461.79 4,470.89 9,186.26
Rent 12,513.15 13,625.70 14,005.11 14,401.17 15,072.54 11,445.79
Sail Instruction 960.00 7,855.64 6,328.36 1,036.48 175.00 722.50
Taxes 320.70 672.37 1,882.19 -430.98 4,503.62
Travel 0.00 0.00 0.00 506.57 59.48 970.78
Utilities 14,047.94 15,373.43 18,235.10 17,801.84 18,847.22 14,294.17
Total Expenses 210,206.48 331,525.55 449,824.00 381,816.80 346,023.94 208,710.78
Net Operating Income 31,765.19 78,895.04 33,773.72 23,611.73 57,569.19 78,156.68
Other Income 20.78 9,727.69 0.00 0.00 0.00 100.00
Other Expenses 0.00 8,722.69 2,877.50 19,212.94 19,212.94 802.50
Net Other Income 20.78 1,005.00 -2,877.50 -1,912.94 -19,212.94 -702.50
NET INCOME 31,785.97 79,900.04 30,896.22 4,398.79 38,356.25 77,454.18
Projected total for FY 2010
Attachment number 1
Page 7 of 9
Drafted by Bev Buysse, July 6, 2010 8
The end of the year figures for FY 2010 are based on the current figures for a 9 month period, divided by 9,
then taking the average of the 9 months times 3 (remaining months) to get the projected total. The
projected income for FY 2010 $382,489.80, the projected expense $$278,280.80 with a projected net
income of $104,209.00
Projections for the next five years based on a 5 percent increase in income and expenses.
5 YR AVG FY 2011 FY 2012 FY 2013 FY 2014 FY 2015
INCOME
Total Contributions 42,597.24 44,727.11 46,963.46 49,311.63 51,777.22 54,366.08
Inactive Income Accounts -1,483.33 -1,557.50 -1,635.37 -1,717.14 -1,803.00 -1,893.15
Total Non-Profit Income 332,624.07 349,255.28 366,718.04 385,053.94 404,306.64 424,521.97
Overage/Shortage -143.40 -150.57 -158.10 -166.00 -174.30 -183.02
Total Income 373,594.59 392,274.32 411,888.03 432,482.43 454,106.55 476,811.88
Gross Profit 373,594.59 392,274.32 411,888.03 432,482.43 454,106.55 476,811.88
EXPENSES
Total Bank Charges 5,227.20 5,488.56 5,762.98 6,051.13 6,353.69 6,671.37
Total Dues Subscriptions 493.58 518.26 544.17 571.38 599.95 629.95
Employee Benefit 1,244.46 1,306.69 1,372.02 1,440.62 1,512.65 1,588.29
Information Technology 42.37 44.49 46.71 49.05 51.50 54.08
Insurance 21,881.62 22,975.70 24,124.48 25,330.71 26,597.24 27,927.11
Facility Maintenance 1,133.73 1,190.42 1,249.94 1,312.44 1,378.06 1,446.96
Boat Maintenance 16,056.37 16,859.19 17,702.15 18,587.26 19,516.62 20,492.45
Total Maintenance 21,678.16 22,762.07 23,900.17 25,095.18 26,349.94 27,667.43
Marketing 4,369.21 4,587.67 4,817.05 5,057.91 5,310.80 5,576.34
Office Expense 3,014.18 3,164.88 3,323.13 3,489.29 3,663.75 3,846.94
Operating Expense 23,685.07 24,869.33 26,112.79 27,418.43 28,789.35 30,228.82
Personnel/Payroll 201,334.88 211,401.62 221,971.70 233,070.29 244,723.80 256,959.99
Permits & Licenses 307.48 322.85 339.00 355.95 373.74 392.43
Professional Fees 6,466.33 6,789.64 7,129.13 7,485.58 7,859.86 8,252.86
Regatta Expense 2,992.97 3,142.62 3,299.75 3,464.74 3,637.98 3,819.88
Rent 13,923.53 14,619.71 15,350.70 16,118.23 16,924.14 17,770.35
Sail Instruction 3,271.10 3,434.65 3,606.38 3,786.70 3,976.04 4,174.84
Taxes 1,389.58 1,459.06 1,532.01 1,608.61 1,689.04 1,773.50
Travel 113.21 118.87 124.81 131.05 137.61 144.49
Utilities 16,861.11 17,704.16 18,589.37 19,518.84 20,494.78 21,519.52
Total Expenses 343,879.35 361,073.32 379,126.99 398,083.34 417,987.50 438,886.88
Net Operating Income 45,122.97 47,379.12 49,748.08 52,235.48 54,847.26 57,589.62
Other Income 1,949.69 2,047.18 2,149.54 2,257.01 2,369.87 2,488.36
Other Expenses 10,005.21 10,505.47 11,030.75 11,582.29 12,161.40 12,769.47
Net Other Income -4,595.52 -4,825.30 -5,066.56 -5,319.89 -5,585.88 -5,865.18
NET INCOME 37,067.45 38,920.83 40,866.87 42,910.21 45,055.72 47,308.51
Attachment number 1
Page 8 of 9
Drafted by Bev Buysse, July 6, 2010 9
Recommendations
Raise Facility Rental Fee from $1050 for six hours to $1,200 for six hours and charge $200 per hour for
additional hours. That would bring $62,400 if rented 52 times.
Provide a monthly schedule with classes listed.
Allow USCG to use facility on Monday evenings, rather than Sat & Sun mornings. This will provide the
center with an opportunity to expand programs that generate funding.
Review all contracts with outside organizations and instructors to ensure all insurance, certifications and
licenses are current.
Establish fees, rates or agreements for outside instructors to use the facility.
Review current rates and fees
Summary
The Clearwater Community Sailing Center has the potential to become the premier waterfront facility in
the state. By using sailing as the foundation, and expanding programs into other areas of non-motorized
boating and water sports activities, the center will become the model for others to emulate. The location
of the center with the protected harbor and access to the Gulf makes it a desirable location for both
beginners and competitive sailors. It is a great location for regattas and competitive training for Olympic
class sailors. By building on the current programs, with other watersports, revenues should increase,
maintaining the affordability of the memberships while providing a diverse aquatic program.
Attachment number 1
Page 9 of 9
Clearwater Community Sailing Association Management Agreement 1
CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT, entered into this ____ day of _____________, 2010
by the City of Clearwater, Florida, as City, and Clearwater Community Sailing Association,
Inc., as Manager.
WHEREAS, City owns the real property and improvements consisting of approximately
3,658 square feet and located in Pinellas County, Florida, having an address of 1001 Gulf
Boulevard, CLEARWATER FL 33767, and more particularly described in Exhibit A,
attached and incorporated as a part of this agreement. Such property shall hereinafter be
referred to as the "premises."
WHEREAS, Manager agrees to manage the Clearwater Community Sailing Center under
the terms and conditions described in this management agreement.
1. MANAGEMENT TERM.
The term of this agreement shall be for five (5) years; which term will commence on the 1st
day of October 2010, and shall continue until midnight on the 30th day of September 2015.
No such renewal or extension shall be deemed a waiver by City of any breach or default,
which may then exist. The extended term shall be upon the same conditions and terms,
and the rent shall be determined and payable, as provided in this agreement, except that
there shall be no privilege to extend the term beyond the expiration of the extended term
period as herein above specified. The manager shall exercise the option for an extended
term by notifying the City in writing at least one (1) calendar month prior to the expiration of
the then current term. City shall have until the end of each term to review manager's
performance and may deny renewal if manager is in default of any provision of this
agreement. Failure to exercise the option for any period shall nullify the option for all
subsequent periods. City, in addition to any other right of termination set forth in this
agreement, may terminate this Management Agreement for any municipal need as
determined by the City Council on sixty (6) days written notice.
2. RENT
Base rent: Manager agrees to pay the City as rent during the initial term of this agreement
the sum of Fifteen Thousand Two Hundred Sixty-one Dollars and Twelve cents
($15,261.12) annually, payable in equal monthly installments of One Thousand Two
Hundred Seventy-one Dollars and Seventy-six cents ($1,271.76) per month, and payable in
advance at the beginning of each successive monthly rental period.
Manager shall pay rent and any additional rent as hereinafter provided to City at such place
as City may designate in writing, without demand and without counterclaim, deduction or
setoff.
Attachment number 2
Page 1 of 16
Clearwater Community Sailing Association Management Agreement 2
3. SECURITY DEPOSIT.
In addition to the first month’s rent of One Thousand Two Hundred Seventy-one Dollars and
Seventy-six cents ($1,271.76), which is due and payable on the first day of the lease, the
manager shall pay $1,271.76 in advance as a deposit as security for the performance of
manager's obligations under this agreement, including without limitation the surrender of
possession of the premises to City as herein provided. If City applies any part of the deposit
to cure any default of manager, manager shall on demand deposit with City the amount so
applied so that City shall have the full deposit on hand at all times during the term of this
agreement.
4. BLANK.
5. USE OF PREMISES.
The premises are to be used by manager solely for the purposes and in the manner set
forth in the business plan (Exhibit C) attached and incorporated as a part of this agreement,
subject to City's reserved right to issue "fishing" permits allowing holders thereof to use
specifically identified areas of the managed premises for fishing, subject to reasonable rules
and regulations established by manager and approved by City. No other use can be made
of the premises during the term without the written consent of the City.
6. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to manager
and are or shall be individually metered for the subject premises. All deposits for such
utilities shall be the sole responsibility of manager.
7. Building and Common Area Maintenance; Property Taxes
City shall be responsible for building maintenance. The routine maintenance of the
Property’s common areas, such as but not limited to, hallways, bathrooms, rental rooms, offices,
etc., shall be the responsibility of Manager. If Manager fails to maintain the Property’s common
areas in a satisfactory manner, seven (7) calendar days after the City has provided Manager
written notice of the City’s dissatisfaction with the Property’s common area maintenance, and if the
maintenance of the common areas has not improved to standard amenable solely to the City within
the seven (7) calendar days after receipt of such notice, then at the City’s sole discretion, the City
may procure maintenance services for such common areas on Manager’s behalf. The cost of
which, shall be the responsibility of Manager.
The City is responsible for paying the property taxes.
8. OBSERVANCE OF LAWS AND ORDINANCES.
Manager agrees to observe, comply with and execute promptly at its expense during the
term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and
Attachment number 2
Page 2 of 16
Clearwater Community Sailing Association Management Agreement 3
regulations of governmental authorities and agencies and of insurance carriers which relate
to its use or occupancy of the demised premises.
9. ASSIGNMENT OR SUBAGREEMENT.
Manager shall not, without first obtaining the written consent of City, assign, mortgage,
pledge, or encumber this agreement, in whole, or in part, or sublet the premises or any part
thereof. City expressly covenants that such consent to sublet shall not be unreasonably or
arbitrarily refused. This covenant shall be binding on the legal representatives of manager,
and on every person to whom manager's interest under this agreement passes by operation
of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a
corporate manager or to a transfer of the agreement hold interest occasioned by a
consolidation or merger involving such manager. If the premises are sublet or occupied by
anyone other than manager, and manager is in default hereunder, or if this management
agreement is assigned by the manager, the City may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No
such collection shall be deemed a waiver of the covenant herein against assignment and
subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a
release of manager from further performance of the covenants herein contained.
10. ALTERATIONS AND IMPROVEMENTS.
Manager shall not make any structural alterations or modifications or improvements which
are part of the managed property without the written consent of the City, and any such
modifications or additions to said property shall become the property of the City upon the
termination of this agreement or, at City's option, the manager shall restore the managed
property at manager’s expense to its original condition. The restrictions of this paragraph
shall not apply to maintenance of the managed property, but shall apply to any change
which changes the architecture or purpose of the property or which changes any of the
interior walls of the improvements or which annexes a fixture to any part of the managed
property which cannot be removed without damage thereto. In the event manager desires to
make any alterations or modifications, written notice shall be given to the City. Unless the
City objects to such proposals by notice to manager within twenty (20) days after written
notice from manager, the proposal shall be deemed approved. Manager shall have no
power or authority to permit mechanics' or material men’s liens to be placed upon the
managed property in connection with maintenance, alterations or modifications. Manager
shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for
materials or labor claimed to have been furnished to the premises on manager's behalf. Not
later than the last day of the term manager shall, at manager's expense, remove all of
manager's personal property and those improvements made by manager which have not
become the property of City, including trade fixtures and the like. All property remaining on
the premises after the last day of the term of this agreement shall be conclusively deemed
abandoned and may be removed by City and manager shall reimburse City for the cost of
such removal.
Attachment number 2
Page 3 of 16
Clearwater Community Sailing Association Management Agreement 4
11. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the manager or
owner thereof. The City shall not be responsible or liable to the manager for any loss or
damage that may be occasioned by or through the acts or omissions of persons occupying
adjoining premises or any part of the premises adjacent to or connected with the premises
hereby managed or any part of the building which the managed premises are a part of or
any loss or damage resulting to the manager or its property from bursting, stopped up or
leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the
City, its agents, servants or employees.
12. RIGHT OF ENTRY
The City, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as
may be deemed necessary for the safety, comfort, or preservation thereof, or of said
building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations or additions, which do not conform to this
agreement.
13. RESTORING PREMISES TO ORIGINAL CONDITION.
Manager represents that the premises managed are in good, sanitary and tenantable
condition for use by manager. Manager's acceptance or occupancy of the managed
premises shall constitute recognition of such condition. Manager hereby accepts the
premises in the condition they are in at the beginning of this agreement and agrees to
maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the
expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The manager agrees to make good to said City immediately upon
demand, any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or neglect
of manager or of any person or persons in the employ or under the control of the manager.
14. INSURANCE.
Manager agrees to comply with all terms, provisions and requirements contained in Exhibit
"B" attached hereto and made a part hereof as if said document were fully set forth at length
herein.
15. MAINTENANCE.
City shall keep the foundation, outer walls, roof and buried conduits of the premises,
including existing buildings, piers, and docks in good repair, except that the City shall not be
called on to make any such repairs occasioned by the negligence of the manager, its
agents, express or implied invitees, or employees. City shall maintain the city owned
Attachment number 2
Page 4 of 16
Clearwater Community Sailing Association Management Agreement 5
property outside the fence from the sailing center building up to the bridge, while the
manager will be responsible for the upkeep of the property within the fenced in area.
Manager shall keep the inside of said premises and the interior doors, windows and window
frames of said premises in good order, condition and repair and shall also keep the
premises in a clean, sanitary and safe condition in accordance with law and in accordance
with all directions, rules and regulations of governmental agencies having jurisdiction. The
manager shall be responsible for providing all light bulbs used on the premises. The
plumbing facilities shall not be used for any other purposes than that for which they are
constructed and no foreign substances of any kind shall be thrown therein, and the expense
of any breakage, stoppage or damage resulting from the violation of this provision shall be
borne by the manager. Routine maintenance of the heating and air conditioning system and
plumbing facilities shall be under the control of the manager, and manager agrees that all
operation, upkeep, and repairs will be at manager's expense, except where the repairs shall
be caused by the negligence or misuse by City or its employees, agents, invitees, or
licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In
the event City pays any monies required to be paid by manager hereunder, City shall
demand repayment of same from the manager and the manager shall make payment within
ten (10) days of receipt of said demand. Manager's failure to make such repayment within
the ten (10) day period shall constitute default under the terms of this agreement.
City will assume responsibility for life cycle replacement of the heating/air-conditioning
system, provided routine monthly maintenance has been performed.
City will assume responsibility for life cycle replacement of the elevator, provided routine
monthly maintenance has been performed.
16. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause,
to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this management agreement shall be terminated. In the event that the
building should be partially damaged by fire, earthquake or other cause, but only to such an
extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the management agreement shall be void or voidable, but not terminated,
except as otherwise provided herein. If the City intends to rebuild or repair the premises, he
shall, within fifteen (15) days after the date of such damage, give written notice to manager
of the intention to rebuild or repair and shall proceed with reasonable diligence to restore
the building to substantially the same condition in which it was immediately prior to the
destruction. However, City shall not be required to rebuild, repair or replace any
improvements or alterations made by manager within the building. During the period of
rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing
has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the City may either terminate the agreement or
continue with the agreement with a proportional rent rebate to manager. If City undertakes
Attachment number 2
Page 5 of 16
Clearwater Community Sailing Association Management Agreement 6
to rebuild or repair, manager shall, at its own expense, restore all work required to be done
by such manager under this agreement.
17. EMINENT DOMAIN.
If the whole or any part of the premises hereby managed shall be taken by any public
authority under power of eminent domain, then the term of this management agreement
shall cease on the part so taken from the date title vests pursuant to such taking, and the
rent and any additional rent shall be paid up to that day, and if such portion of the
demised premises is so taken as to destroy the usefulness of the premises for the purpose
for which the premises were managed, then from that day the manager shall have the right
to either terminate this management agreement or to continue in possession of the
remainder of the same under the terms herein provided, except that the rent shall be
reduced in proportion to the amount of the premises taken. The parties agree that the
manager shall not be entitled to any damages by reason of the taking of this agreement, or
be entitled to any part of the award for such taking, or any payment in lieu thereof.
18. SUBORDINATION.
This agreement and the rights of the manager hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises by
the City and any other owner provided, however, that such mortgages will not cover the
equipment and furniture or furnishings on the premises owned by the manager. The
manager further agrees to execute any instrument of subordination, which might be required
by mortgagee of the City.
19. DEFAULT; REMEDIES.
(a) The manager further covenants that, if default shall be made in the payment of rent, or
any additional rent, when due, or if the manager shall violate any of the other covenants of
this agreement and fail to correct such default within fifteen (15) days after a written request
by the City to do so, then the City may, at its option, deem this agreement terminated,
accelerate all rents and future rents called for hereunder and manager shall become a
tenant at sufferance, and the City shall be entitled to obtain possession of the premises as
provided by law.
(b) In case the managed property shall be abandoned, as such term is defined by Florida
Statutes, the City, after written notice as provided by Florida Statutes to the manager, City
may (i) re-enter the premises as the agent of the manager, either by force or otherwise,
without being liable to any prosecution or claim therefore, and may relet the managed
property as the agent of the manager and receive the rent therefore and apply the same to
the payment of such expenses as City may have incurred in connection with the recovery of
possession, reduction, refurbishing or otherwise changing or preparing for reletting,
including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the
payment of damages in amounts equal to the rent hereunder and to the cost and expenses
Attachment number 2
Page 6 of 16
Clearwater Community Sailing Association Management Agreement 7
of performance of the other covenants of manager as provided herein; or (ii) the City may, at
its option, terminate this agreement by giving the manager fifteen (15) days' written notice of
such intention served upon the manager or left upon the managed property, and the term
hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen
(15) day period, but the manager shall
never-the-less and thereafter be liable to the City for any deficiency between the rent due
hereunder for the balance of the term of this agreement and the rent actually received by
City from the managed property for the balance of said term.
(c) The City, at its option, may terminate this agreement as for a default upon the
occurrence of any or all of the following events: an assignment by manager for the benefit of
creditors; or the filing of a voluntary or involuntary petition by or against manager under any
law for the purpose of adjudicating manager bankrupt; or for reorganization, dissolution, or
arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a
receiver of the assets of manager; or the bankruptcy of the manager. Each of the foregoing
events shall constitute a default by manager and breach of this agreement.
20. MISCELLANEOUS.
(a) The City shall have the unrestricted right of assigning this agreement at any time, and in
the event of such assignment, the City shall be relieved of all liabilities hereunder.
(b) This contract shall bind the City and its assigns or successors, and the manager and
assigns and successors of the manager.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, or hand delivered to the Marine & Aviation Director, shall
constitute sufficient notice to the manager, and written notice sent by certified or registered
mail or hand delivered to the office of the City shall constitute sufficient notice to the City, to
comply with the terms of this contract.
(e) The rights of the City under the foregoing shall be cumulative, and failure on the part of
the City to exercise promptly any rights given hereunder shall not operate to forfeit any of
the said rights.
(f) It is hereby understood and agreed that manager shall use no signs in connection with
the premises hereunder, except inside the building, which signs shall be subject to the prior
approval of the City.
Attachment number 2
Page 7 of 16
Clearwater Community Sailing Association Management Agreement 8
(g) It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future
writing signed by the party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from manager is
not received by City within five (5) days after such amount shall be due, manager shall pay
to City a late charge equal to five percent (5%) of such overdue amount. The City shall not
be required to accept any rent not paid within five (5) days subsequent of the date when due
absent the simultaneous payment of this late charge. The requirement for a late charge set
out herein shall not be construed to create a curative period or a grace period for the timely
payment of rent.
(i) Consumption of alcoholic beverages is to be confined to the fenced in area of the Sailing
Center, with the gate closed, appropriate signage and enforcement to prevent alcoholic
beverages from being removed from the premises.
The sale of alcoholic beverages will be confined to three special events per year as
stipulated by City ordinance.
21. SUBROGATION.
The City and manager do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the
managed property or property of City. Each party shall look first to any insurance in its favor
before making any claim against the other party. Nothing contained herein shall in any way
be considered or construed as a waiver or re-agreement by the City of any and all of the
other covenants and conditions contained in this agreement to be performed by the
manager.
22. PARKING SPACES.
Manager shall have the right to use and control any and all legal parking spaces/areas on or
about the managed premises subject to the needs of the City for special events deemed
necessary for official city business. The City agrees to cooperate with manager in obtaining
any and all permits for use and/or construction of parking spaces/areas within the bounds of
the management agreement area.
23. INDEMNIFICATION.
The Manager shall act as an independent contractor and agrees to assume all risks of
providing the program activities and services herein agreed and all liability therefore, and
shall defend, indemnify, and hold harmless the City, its officers, agents, and employees
from and against any and all claims of loss, liability, and damages of whatever nature, to
persons and property, including, without limiting the generality of the foregoing, death of any
person and loss of the use of any property, except claims arising from the negligence or
Attachment number 2
Page 8 of 16
Clearwater Community Sailing Association Management Agreement 9
willful misconduct of the City or City’s agents or employees. This includes, but is not limited
to matters arising out of or claimed to have been caused by or in any manner related to the
Manager’s activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Management in or
about its premises whether or not based on negligence. Nothing contained herein shall be
construed as a waiver of any immunity from or limitation of liability the City may be entitled
to under the doctrine of sovereign immunity or section 768.28, Florida Statutes.
Manager agrees to pay on behalf of the City, and to pay the cost of the City’s legal defense, as
may be selected by the City, for all claims described in this section. Such payment on behalf of the
City shall be in addition to any and all other legal remedies available to the City and shall not be
considered to be the City’s exclusive remedy.
24. "AS IS" CONDITION.
The manager accepts the managed premises on an "as is" basis, and City shall have no
obligation to improve or remodel the managed premises, except as set forth above at
paragraph 9(a).
25. CONSTRUCTIVE EVICTION.
Manager shall not be entitled to claim a constructive eviction from the premises unless
manager shall have first notified City in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless City shall have failed within a reasonable
time after receipt of such notice to remedy such conditions.
26. CLEAN UP EXPENSES.
Extraordinary expenses for cleanup or trash removal for major regattas or non-routine
functions shall be the expense of the manager.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this agreement shall in nowise affect the
remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this agreement are for the purpose of reference
only and are not to be considered in the construction of this agreement or in the
interpretation of the rights or obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The manager herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored or otherwise placed
upon the property or, in the alternative, that such materials, wastes or substances may be
Attachment number 2
Page 9 of 16
Clearwater Community Sailing Association Management Agreement 10
located on the property, only upon the prior written consent of the City hereunder, and only
in strict accord and compliance with any and all applicable state and federal laws and
ordinances. In the event such materials are utilized, handled, stored or otherwise placed
upon the property, manager expressly herewith agrees to indemnify and hold City harmless
from any and all costs incurred by City or damages as may be assessed against City in
connection with or otherwise relating to said hazardous materials, wastes or substances at
anytime, without regard to the term of this agreement. This provision shall specifically
survive the termination hereof.
30. CONFORMANCE WITH LAWS
Manager agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
31. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then
the parties agree that each party shall bear its own attorney fees and costs.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By: __________________________
Frank Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Camilo Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
CLEARWATER COMMUNITY
SAILING ASSOCIATION, INC.
Attest: By: _______________________
Print Name:
___________________________ Title:
Print Name:
Secretary
Attachment number 2
Page 10 of 16
Clearwater Community Sailing Association Management Agreement 11
Exhibit A
Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence
N89°10'31"E along the South boundary of said Section 17, a distance of 843.47 feet to a point of
intersection with the centerline of the Gulf Boulevard Right-of-Way; thence N42°13'31"E along the
centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a
curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord
bearing of N34°49'43"E, a radius of 1909.86 feet, a central angle of 14°47'32", an arc length of
493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57°35'40"W
along a non-radial line a distance of 50.19 feet to the point of cusp, of a non-tangent curve, said
point also being on the west Right of Way line of Gulf Boulevard; thence along a curve to the left,
said curve also being the said west Right of Way line of chord bearing of N25°58'24"E, a radius of
1859.86 feet, a central angle of 2°38'32", an arc length of 85.77 feet, and a chord length of 85.76
feet; thence S61°44'07"E along a non-radial line a distance of 137.96 feet; thence S25°51'33"W a
distance of 95.81 feet; thence N57°35'40"W along a non-radial line a distance of 88.73 feet to the
aforementioned Point of Beginning.
Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
run N. 89°10'31" E., 843.47 feet; thence run N. 42°13'31" E. 886.07 feet, thence run S. 47°46'29"
E., 50.00 feet to the Point of Beginning; thence run N. 42°13'31" E. 630.00 feet, thence run S.
47°46'29" E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence
run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean
High Water Line and a Line having a Bearing of S. 47°46'29" E., from the Point of Beginning;
thence run N. 47°46'29" W., 237.00 feet plus or minus to the Point of Beginning.
ADDITIONAL LEASE TRACT:
Commence at the Southwest Corner of Section 17, Township 29 South, Range 16 East; thence
N89°10’31”E, along the South boundary of said section 17, a distance of 843.47 feet to the
centerline of Gulf Boulevard; thence N42°13’31”E, along said centerline, a distance of 886.07 feet;
thence leaving said centerline S47°46’29”E, 50.00 feet; to the Easterly right-of-way line of Gulf
Boulevard, thence N42°13’31”E, along said Easterly right-of-way line, a distance of 630.00 feet, to
the point of beginning; thence continue N42°13’13”E, along said Easterly right-of-way line, a
distance of 100 feet; thence leaving said Easterly right-of-way , S47°46’29”E, to the Mean High
Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line
lying S47°46’29”E of the point of beginning; thence N47°46’29”W, along said line, to the point of
beginning.
Attachment number 2
Page 11 of 16
Clearwater Community Sailing Association Management Agreement 12
Exhibit B
INSURANCE AND RISK OF LOSS
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by manager for the protection of all persons, including
employees, and property. Manager shall be expected to comply with all laws, regulations or
ordinances related to safety and health and shall make special effort to detect hazardous
conditions and shall take prompt action where loss control/safety measures should reasonably be
expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. Manager acknowledges that such stoppage will not shift responsibility for
any damages from manager to the City.
BASIC COVERAGES REQUIRED
Manager shall procure and maintain the following described insurance, except for coverage
specifically waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of manager. The City does not represent
these types or amounts of insurance to be sufficient or adequate to protect manager’s interests or
liabilities, but are merely minimums.
Such coverages shall protect manager from claims for damages for personal injury, including
accidental death, as well as any party directly or indirectly employed by manager.
Except for workers compensation and professional liability, manager’s insurance policies shall be
endorsed to name the City as an additional insured to the extent of the City’s interests arising from
this Agreement.
Except for workers compensation, manager waives its right of recovery against the City, to the
extent permitted by its insurance policies.
Manager’s deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager is
responsible for the amount of any deductible or self-insured retention.
Insurance required of manager or any other insurance of manager shall be considered primary,
and insurance of the City shall be considered excess, as may be applicable to claims which arise
out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any
Additional Insurance provisions of this Agreement. Where no specific limit of coverage is
mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall
be $500,000.
Workers Compensation Coverage
Manager shall purchase and maintain statutory workers compensation insurance for all workers
compensation obligations imposed by state law and employer’s liability limits of at least $100,000
each accident and $100,000 each employee/$500,000 policy limit for disease.
Manager shall also purchase any other coverage required by law for the benefit of employees.
Attachment number 2
Page 12 of 16
Clearwater Community Sailing Association Management Agreement 13
General, Automobile, And Excess Or Umbrella Liability Coverage
Manager shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial General Liability and Business Auto policies of the Insurance Services
Office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Commercial General Liability Coverage - Occurrence Form Required
Coverage A shall include bodily injury and property damage liability for premises, operations,
products and completed operations, independent contractors, contractual liability and liquor
liability covering this Agreement, broad form property damage, and property damage resulting from
explosion, collapse or underground (x, c, u) exposures.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Manager is required to continue to purchase products and completed operations coverage, at least
to satisfy this Agreement, for a minimum of three years beyond the City’s acceptance of any
renovation or construction projects.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Business Auto Liability Coverage
Business Auto Liability coverage is to include bodily injury and property damage arising out of
ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles
and employee non-ownership use.
Excess Or Umbrella Liability Coverage
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and
property damage coverage.
Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its
other liability coverage in the amount of $500,000.
Property Coverage for Sailing Center
The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole)
property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the
sailing center, and its improvements, and any attached personal property or contents belonging to
the City. The City, at its option, may self-insure this exposure.
Flood Insurance
City shall procure and maintain, flood insurance either for the insured value of any buildings or
structures located on the managed premises or the maximum amount of flood insurance available
through the National Flood Insurance Program.
Attachment number 2
Page 13 of 16
Clearwater Community Sailing Association Management Agreement 14
EVIDENCE/CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City shall
be notified in advance of cancellation, non-renewal or adverse change.
New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage
renewals.
If requested by the City, manager shall furnish complete copies of manager’s insurance policies,
forms and endorsements.
For Commercial General Liability coverage, manager shall, at the option of the City, provide an
indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, which indicate less coverage than required does not
constitute a waiver of manager’s obligation to fulfill the insurance requirements herein.
Attachment number 2
Page 14 of 16
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Attachment number 2
Page 15 of 16
Clearwater Community Sailing Center Management Agreement
Attachment number 2
Page 16 of 16
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc. from $100,000 to $150,000 for
additional labor and materials to install concrete at various Parks and Recreation sites and projects. (consent)
SUMMARY:
The City entered into a blanket purchase order (BR505834) with Left Coast Excavation Inc., as the low bidder, for the installation of
concrete sidewalks, pads, and curbs for Fiscal Year 2009/10.
Staff is in the process of preparing an RFP for concrete construction work for Fiscal Year 2010/11, however, it will not be completed in
time to do many of the additional concrete jobs that are needed this Fiscal Year.
Left Coast has been a very responsive and acceptable contractor. Staff is requesting the blanket purchase order be increased by $50,000
to cover any additional work needed until a new bid can be secured. It is not anticipated that Parks and Recreation will need the entire
$50,000, however, in case of an emergency the department requests the flexibility to use if needed.
In order to continue maintenance and construction projects during the remainder of the year, the City Manager approved increasing Left
Coast contract from $100,000 to $150,000.
Appropriation Code Amount Appropriation Comment
Various Codes $50,000 Increase blanket purchase order by $50,000
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Ratify and confirm the establishment of a new Capital Improvement Project entitled Ross Norton Ballfield Improvements, CIP 315-
93619, for $35,000 to be funded from a $25,000 grant from the Rays Foundation and transfer of operational funds of $10,000 to the new
project. (consent)
SUMMARY:
Part of the normal operating budget for the City athletic fields is the periodic renovation of said fields. The Ross Norton Ballfields were
scheduled for some normal maintenance activities to improve the infields, warning tracks, foul line poles, etc. for a total cost of
approximately $10,000.
The Rays Foundation has a grant program to assist in the development and improvement of youth baseball facilities, to provide
enhanced opportunities for youth to play baseball.
The Director of Parks and Recreation has entered into a Letter of Understanding with the Rays Foundation to accept $25,000 for the
improvement of the Ross Norton Ballfields.
Improvements to be made with the funds from the Rays include shade shelters for the spectator areas, improved backstop fencing from
softball to baseball backstops and landscaping to provide a batters eye for the western field.
Work is currently underway and will be completed by the end of August 2010.
Capital project 315-93619, Ross Norton Ballfield Improvements, in the amount of $35,000 will be established by a third quarter budget
amendment recognizing the $25,000 grant from the Rays Foundation and transferring $10,000 from operating budget 010-01870-
550400-572-000 to the new project
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:Yes
Budget Adjustment Comments:
Establish new CIP 315-93619 by transferring $10,000 from 010-01870 and receiving $25,000 grant from Rays Foundation.
Current Year Cost:$35,000 Annual Operating Cost:-0-
Not to Exceed:$35,000 Total Cost:$35,000
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
315-93619 $35,000 Third Quarter Transfer
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
1
MEMORANDUM OF UNDERSTANDING
FOR FUNDING OF BASEBALL AND SPORTS
COMPLEX AT CLEARWATER’S ROSS NORTON FIELDS
This Memorandum of Understanding (the “Memorandum”) is made as of this
______ day of August 2010, (“Effective Date”) by and between the City of Clearwater,
Florida (the “City”), a municipal corporation of the State of Florida, with principal
offices at 112 S. Osceola Avenue, Clearwater, Florida 33756-5103, and The Rays
Baseball Foundation, Inc. (the “Foundation”) a not-for-profit corporation organized,
existing and in good standing under the laws of the State of Florida and a 501(c) (3)
charitable organization pursuant to the provisions of the United States Internal Revenue
Code, with principal offices at Tropicana Field, One Tropicana Drive, St. Petersburg,
Florida 33705.
WHEREAS, The Foundation is the official charity of the Tampa Bay Rays (the
“Rays”); and
WHEREAS, the City owns that certain property known as Ross Norton Fields in
Clearwater, Florida, (the “Property”) as more particularly described in Exhibit “A”,
attached hereto and incorporated herein; and
WHEREAS, in exchange for the funding by the Foundation, it is the intent of the
Parties that the City renovate sports fields (the “Project” and the surrounding area being
collectively referred to as the “Complex”) on the Property in accordance with the terms
and conditions as provided for herein.
NOW THEREFORE, in consideration of the mutual covenants set forth herein,
and other good and valuable consideration, the receipt of which are hereby
acknowledged, the Parties agree as follows.
1. RECITALS. The foregoing recitals are true and correct and are
incorporated in and form a part of this Agreement.
2. BACKGROUND.
The Foundation, among its various charitable causes, has established the Rays
Baseball Foundation Field Renovation Program (the “Program”). Pursuant to the
Program, the Foundation endeavors to provide new or renovated baseball fields to
various communities throughout the Tampa Bay region and, in addition to providing
funding requirements, to establish municipal and corporate partnerships whereby a new
or renovated baseball field is the end result and benefits the community. The City and
the Foundation have had discussions about the Project, and as a result, the Project has
been selected for inclusion in the Program for 2010.
Attachment number 1
Page 1 of 6
2
3. SCOPE OF THE PROJECT; PROJECT COST.
The City has agreed to perform, or to obtain contractors and/or subcontractors
(collectively, the “Contractors”) to perform, all construction and other services (the
“Services”) required for the Project. All costs associated with the Project, including
without limitation all amounts owed to the Contractors in connection with the Services,
shall be the exclusive responsibility of the City. The Foundation’s sole responsibility with
respect to the Project shall be to provide a cash grant to the City in the amount of
$25,000, said sum to be paid in two equal installments (the “Installments”) of $12,500
each. The Installments shall be paid to the City as follows: (a) the first Installment shall
be paid within ten (10) days after all required approvals for the Project have been
obtained by the City, including applicable development and permit approvals, and after
written notification has been provided by the City to the Foundation that all such
approvals have been obtained (the date of such notification being hereinafter referred to
as the “Approval Date”); and (b) the final Installment shall be paid within ten (10) days
after the “Completion Date” (as that term is defined below) and written notification has
been provided by the City to the Foundation that the Completion Date has occurred. The
overall design, specifications and scope (collectively, the “Project Scope”) of the Project
shall be determined by the City and shall be subject to the written approval of the
Foundation, said approval not to be unreasonably withheld. After such approval has been
obtained from the Foundation, the Project Scope may not be modified or amended in any
way without the prior written consent of the Foundation.
4. RELATIONSHIP OF THE PARTIES.
(a) Construction; Sponsors; Maintenance. The City will be solely
responsible for all aspects of the work and construction involved with the Project;
including the means and methods by which such work is performed. The City
acknowledges and agrees that the role of the Foundation and the Rays with respect to the
Project is strictly limited to those rights and responsibilities specifically set forth in this
Memorandum, and that neither the Foundation nor the Rays shall be involved in
performing, supervising or overseeing the construction of the Project. The City shall be
solely responsible for soliciting and securing Contractors through its normal bid and
purchasing processes as required by the Code of Ordinances of the City of Clearwater
and other applicable law, rules of regulations. The City agrees to involve and consult
with the Rays’ head groundskeeper and his staff in certain specialized aspects of the
Project, including without limitation the following: setting the pitching mound and
rubber; setting home plate; setting the base sleeves and bases; and the initial dragging of
the infield.
Prior to commencement of construction, the City will prepare a written
maintenance plan (the “Plan”) for the Complex and will submit the Plan to the
Foundation for approval. Construction will not commence until the Plan has been
approved by the Foundation.
Attachment number 1
Page 2 of 6
3
The City agrees that the Project shall be completed by no later than August 31,
2010, with the exception of a Force Majeure, as hereinafter defined, in which case, the
Project Completion Date shall be extended by the length of the delay resulting from said
Force Majeure. At such time as the Project has been completed, as determined by the
City (the “Completion Date”), the City will so advise the Foundation, and at all times
thereafter the City agrees to take appropriate measures to ensure that the Complex is
appropriately, adequately and permanently maintained as reflected in the Maintenance
Plan. City shall maintain, or provide through self-funding, insurance in line with
insurance carried for comparable city-owned facilities, with evidence thereof to be
provided to the Foundation on an annual basis or upon request by the Foundation, and
shall otherwise keep and maintain the Complex [including the “Signage” (as that term is
defined below)] in excellent and safe condition and repair.
(b) Sponsors; Signage; Media Events; Naming Rights.
(1) The Rays shall have the right to designate up to three parties (collectively, the
“Sponsors”) as sponsors of the Project, said Sponsors to be determined by the
Rays in their reasonable discretion and with the Sponsors’ involvement in the
Project and with the Project to be strictly limited to those matters specifically
set forth in this Memorandum. The City agrees to use its reasonable efforts to
organize and conduct, in conjunction with the Rays, one or more projects
whereby employees of each of the Sponsors would engage in a volunteer
activity at the Complex.
(2) As part of the Project Scope, and at all times after the Project is completed,
the City shall, in accordance with the City Code of Ordinances, Development
Code, or other applicable law, be required at the City’s expense to place at and
around the Complex the following signage (collectively, the “Signage”):
(a) a sign for each of the Foundation and the Sponsors [i.e. a total of
up to four (4) signs] (collectively, the “Outfield Signs”) on the
Project’s outfield fence (the “Outfield Fence”), with the size,
content, design and specific locations on the Outfield Fence of the
Outfield Signs to be determined by the Foundation in its
reasonable discretion and subject to the reasonable approval of the
City and in accordance with applicable law as referenced above;
and
(b) a permanent sign at a location within the Complex, and the size
and design thereof, to be mutually determined by the City and the
Foundation, in accordance with applicable law, with it being
agreed that the intent of said sign shall be to recognize the
partnership of the City, the Foundation, the Rays and the Sponsors
with respect to the construction of the Complex.
Attachment number 1
Page 3 of 6
4
(3) The Foundation, in conjunction with the Rays and the details thereof to be
subject to the reasonable approval of the City, shall organize and conduct the
following media events regarding the Project, as follows:
(a) Following the Completion Date, a dedication of the Complex to
the community (it is currently anticipated that this event will occur
September, 2010).
5. BUDGET ALLOCATIONS.
The obligations of the parties are subject to appropriate budgeted funds being
available in each budget year to achieve the purposes of this Agreement. In the event that
sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement
shall terminate on the last day of the fiscal year for which sufficient budgeted funds are
available without penalty to either of the parties.
6. RECORD RETENTION.
All documents related to this agreement are public record and shall be retained
and provided as required by law.
7. COMPLIANCE WITH THE LAW.
Both Parties shall comply with all federal, state, county, and local laws,
regulations, and ordinances at all times.
8. DISCRIMINATION PROHIBITED.
The Parties shall, during the performance of this agreement, comply with all
applicable provisions of federal, state and local laws and regulations pertaining to
prohibited discrimination.
9. ASSIGNMENT.
This agreement may not be assigned without the consent of the City and the
Foundation.
10. SEVERABILITY.
Should any section or part of any section of this Agreement be rendered void,
invalid, or unenforceable by any court of law, for any reason, such a determination shall
not render void, invalid, or unenforceable of any other section or any part of any section
of this Agreement.
11. AMENDMENTS.
Attachment number 1
Page 4 of 6
5
This Agreement constitutes the entire Agreement between the Parties, and no
change will be valid unless made by supplemental written agreement executed by both
Parties.
12. NOTICES.
All notices, requests, demands, or other communications required by law, or this
Agreement shall be in writing and shall be deemed to have been served as of the delivery
date appearing upon the return receipt if sent by certified mail, postage prepaid with
return receipt requested, to the Director of the Capital Improvement Program (CIP) and
Production whose address is sent forth below, or upon the actual date of delivery, if hand
delivered to the Project Manager, Paul Bellhorn.
Kevin Dunbar, Director of Parks and Recreation
100 South Myrtle Ave.
Clearwater, Florida 33756
Suzanne Murchland
Rays Baseball Foundation
One Tropicana Drive
St. Petersburg, FL 33705
13. NON-WAIVER.
No act of omission or commission of either Party, including without limitation,
any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver,
release, or modification of the same. Such a waiver, release, or modification is to be
effected only through a written modification to this Agreement.
14. AUTHORITY.
Each Party to this Agreement represents and warrants to the other Party that (i) it
is duly organized, qualified and existing entities under the laws of the State of Florida,
and (ii) all appropriate authority exists so as to duly authorize the persons executing this
Agreement to so execute the same and fully bind the Party on whose behalf they are
executing. This Agreement is subject to approval by the Parties.
15. GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with Florida Law.
16. FORCE MAJEURE.
Neither “City” nor “the Foundation” shall be liable to the other for any failure to
perform pursuant to the terms and conditions of this Agreement to the extent such performance
was prevented by an event of Force Majeure. The term "Force Majeure" shall mean causes not
Attachment number 1
Page 5 of 6
6
within the control of the party whose performance is affected including, without limitation, Acts
of God, strikes, lockouts, or other industrial disturbance, acts of the public enemy, wars,
blockages, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires,
storms, flood, washouts, arrests and explosions or breakage. The party whose performance is
excused by an event of Force Majeure shall promptly notify the other party of such occurrence
and its estimated duration, shall promptly remedy such Force Majeure if and to the extent
reasonably possible and shall resume such performance as soon as possible.
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their
hands and seals the day and year first above written.
DATED the __________ day of ______________________, 20___
Approved as to form: CITY OF CLEARWATER, FLORIDA
____________________________ By: ______________________________
Laura Lipowski Mahony Kevin E. Dunbar
Assistant City Attorney Director, Parks and Recreation Dept.
RAYS BASEBALL FOUNDATION, INC.
By:_________________________________
Title: _______________________________
Attachment number 1
Page 6 of 6
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a condominium, as conveyed by
440 West, Inc. in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent)
SUMMARY:
During reconstruction of South Gulfview Boulevard, the fire hydrant at 440 South Gulfview needed to be moved out of the City's right
of way to provide a clear path for the new sidewalk.
The Board of Directors of the condominium homeowners association at 440 West granted a perpetual easement over the subject
property, approximately 5 feet by 6 feet. The hydrant has been relocated into the easement and is operational, for an additional project
cost of $2,257.00.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
Page 1 of 4
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LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com JHHEB N.T.S.276AXX-XXs-XXe6/24/2010Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
440 West:
Fire Hydrant and Utility Easement
Legend Clearwater Service Area
Parcel Boundary
Bldg Footprint
Waterbodies
Outside CLWTR City limits
Attachment number 2
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Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion of Section 8, Township 29 South, Range 15 East as
conveyed by Decade Companies Income Properties, LLC in consideration of receipt of $10.00 and the benefits to be derived therefrom.
(consent)
SUMMARY:
On July 21, 2009, the Community Development Board approved a site plan for Decade Companies Income Properties to construct a
108-unit overnight accommodations development at the intersection of Coronado and Devon Drives.
The approval required that the developer grant the City a perpetual easement for sidewalk and underground utility installation within an
existing 2.5-foot public sidewalk encroachment upon the development site.
The subject easement fulfills the aforementioned requirement, formally acknowledging the existing sidewalk and underground utilities
encroachment, and establishing perpetual authority for the City to repair, maintain and replace at City discretion.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
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EASEMENT
LOCATION
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SECOND ST
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LOCATION MAP
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com JHHEB N.T.S.276AXX-XXs-XXe7/8/2010Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
DCIP, LLC:
Sidewalk Easement - 101 Coronado
Legend Clearwater Service Area
Parcel Boundary
Bldg Footprint
Waterbodies
Outside CLWTR City limits
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide planning, design, permitting and
other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT); approve a grant from the U.S.
Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This Agenda Item provides for updated planning, design services, and permitting for the construction of new sanitary sewer system to
connect areas thatare currently served by septic tanks as identified in the City’s Sewer System Expansion Feasibility Study of 2002.
This project will target the Idlewild and The Mall areas of Clearwater; the main portion of the project is located north of Sunset Point
and east of Douglas Avenue and is bounded to the north by Union Street, and east by King Highway. The new system will connect
approximately 450 residential customers to the City’s sanitary system.
The grant between U.S. Environmental Protection Agency and the City of Clearwater will reimburse up to 55 % of design and
engineering services not to exceed $477,000, which is under the Federal Special Appropriations Projects (SPAP) Program.
The design phase is anticipated to be complete by June 2011, with the construction phase scheduled for completion by October 2013.
King Engineering Associates, Inc. is one of the City’s Engineers-of-record, and this work order was negotiated in accordance with the
Consultants Competitive Negotiations Act.
A third quarter amendment will increase the budget in Capital Improvement Program (CIP) project, 0315-96630, Sanitary Sewer
Extension for the grant from U.S. Environmental Protection Agency in the amount of $477,000 under the Federal Special
Appropriations Projects (SPAP) Program. The remaining balance of $302,978 to complete the work order is available in CIP 0315-
96630, Sanitary Sewer Extension, as well as an additional $87,295 for other incidentals such as permits and testing.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Current Year Cost:$779,978.00 Annual Operating Cost:
Not to Exceed:$779,978.00 Total Cost:$779,978.00
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
0315-96630-561300-535-
000-0000
$779,978.00 See Summary
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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King Engineering Associates, Inc.
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: June 11, 2010 Project Number: 2110-202-000
City Project Number: 10-0034-UT
1. PROJECT TITLE: Idlewild/The Mall Sanitary Sewer System Preliminary
Engineering, Design and Permitting
2. SCOPE OF SERVICES:
The City’s Sewer System Expansion Feasibility Study completed in 2002 indentified areas within the
City’s wastewater service area that are currently served by septic tanks. The Study also provided
planning level estimates of the capital costs to expand the sewer system to provide wastewater
service to these areas. In July 2008, the City applied for a Federal Special Appropriations Projects
(SPAP) grant for the expansion of its wastewater collection system to serve an area identified as
“Idlewild/The Mall”, which are the two top ranked areas in the Study, and the grant, in the amount of
$477,000, has recently been approved by U.S. Environmental Protection Agency (EPA) Region 4.
Clearwater has additionally been appropriated $500,000 in the 2010 Interior and Environment
Appropriations Bill (PL 111-88), which will also be used to fund the proposed project.
Idlewild/The Mall consists of low-medium and medium density residential development. Most of
the 450 lots were developed in the 1950s and although provided with City potable water, do not have
City wastewater service but rather onsite disposal (septic) systems. Over the years, a majority of
these septic systems have fallen into a state of disrepair. As a result, septic system overflows and
marginally treated effluent are a common occurrence, creating a pathway for human exposure to raw
sewage and for raw or partially treated wastewater to enter groundwater and public water bodies.
The project area is adjacent to the Spring Branch tributary of Stevenson Creek, a 303(d) listed
waterbody that is verified by the Florida Department of Environmental Protection (FDEP) as
impaired for fecal coliforms and dissolved oxygen.
The project consists of extending the City’s sanitary sewerage system into Idlewild/The Mall and
abandoning 450 septic systems. Once connected to the City sewer system, wastewater from the area
will be conveyed to the City’s Marshall Street Advanced Pollution Control Facility (MSAPCF).
Treated wastewater from the MSAPCF supplies the City’s public access reclaimed water system
with excess flows discharged to the tidal segment of Stevenson Creek.
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The Work Order authorizes King Engineering Associates, Inc. (King) to provide planning, design,
permitting and other services related to evaluating the project, preparing Contract Documents for
advertisement for public bid and other services necessary to satisfy the requirements of the Federal
grant.
Task 1: Project Coordination
• Prepare a project specific Project Management Plan (PMP) establishing
team members and responsibilities, lines of communication, project
delivery schedules and project budgets.
• Coordinate the activities of the King’s staff and subconsultants with those
of the City and administer communications among the project team
members and with the City’s staff.
• Prepare for and attend up to eighteen monthly status meetings during the
course of the work.
• Maintain and update monthly project schedules and status reports
• Administer a quality assurance program covering the technical work of the
project team.
• Assist the City with EPA grant coordination.
Task 2: Sewer System Expansion Feasibility Study Update
King will update the City’s Sewer System Expansion Feasibility Study completed
previously in 2002. In general, tasks will include updating the existing conceptual
designs, creating new conceptual design maps and updating the construction cost
estimates and Analysis of Financial Impact. Specific tasks include:
I. Reviewing previously identified areas with the City to determine areas or
streets that have been provided service since the study was completed;
II. Updating projected flows and number of connections;
III. Updating the already developed conceptual design maps;
IV. A cursory evaluation of the existing sewer system to re-confirm that the
expansion areas can be added to the system without major cost;
V. Updating the Priority Improvement Determination Matrix for the
proposed expansion areas;
VI. Developing conceptual level estimates of construction costs for the areas
identified to be served;
VII. Updating the Analysis of Financial Impact including:
A. Adjusting the current FAMS XL Model from the FY 10 Rate
Study to accurately model four (4) sewer system expansion
marginal cost scenarios and analyze impacts to the current five
(5) year financial management plan which will include the
following:
• Capital Improvement Program
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o Project listing by year
o Optimum funding source by project by year
o Borrowing program, as applicable
• Revenue Sufficiency Analysis
• Sources and Uses of Funds Analysis
• Funds Analysis
B. An optimization analysis to determine if an acceptable level of
rate increases can be achieved.
C. A Present Value Analysis
VIII. Development of a draft of the updated study report for review by the
City, a meeting with the City to review comments, and finalization of the
report.
IX. Presentation of the report to the City Council.
It is assumed that:
1. The City will provide copies of the sewer system conceptual
design maps and other information originally provided in the
Appendices of the original study.
2. Areas to be served and the conceptual designs will remain the
same, adjusted for those areas or streets served since the report
was originally developed.
3. Assumptions in the original report will remain the same, except
that buildout will be assumed to be in a later year.
Task 3: Locate Existing Septic Systems
Working with a licensed septic system company, King will locate as closely as
possible the existing septic systems and sewer laterals at each of the 450 existing
homes/commercial establishments. The specific approach will be as follows:
I. Once the Sewer System Expansion Feasibility Study Update, cost
estimates and other related items are addressed, King will draft a letter to
each property owner:
A. Informing them of the project and the need to locate the
property’s septic tank and sewer lateral;
B. Providing a person to contact if they have questions or information
regarding the location of the above;
C. Informing them that door hangers will be placed on each building
informing the resident of a time when a firm hired by the City will
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need to access the home/back yard. The door hanger package will
also include a flag that the resident can place in the ground if they
know where the septic tank is and another flag that can be placed at
a cleanout or over the sewer lateral;
D. Other items deemed necessary by the City.
The letter will be printed and issued on City letterhead with wave logo.
II. The septic company will send a representative to each lot to locate the
lateral and the septic system. The lateral will be potholed to obtain a
depth to the top of the pipe and the pipe size and material. The depth and
location of the lateral will be written on a drawing along with the
location of the septic tank.
III. Existing grade at the lateral pothole location will be surveyed under Task
5 in order to approximate the invert of the lateral.
Task 4: Ecological Services
I. Jurisdictional Wetland Determination
In consideration that the proposed project is situated adjacent to
Stevenson Creek, it will be necessary to delineate the jurisdictional limits
of the creek system and any associated surface water (ditch) drainage
areas. If it is determined that the creek system is tidally influenced in
this area, the extent of regulatory wetland/surface water jurisdiction may
be determined based on the established Mean High Water (MHW)
elevation in the vicinity of the project area.
King will conduct preliminary field assessment of the project area to
determine the extent of wetland and surface water areas within or
adjacent to the defined project area, and will field delineate/stake the
jurisdictional limits in accordance with regulatory agency criteria. If it is
verified that a MHW elevation has already been established in the project
vicinity, King Survey crews will field stake a line representing the MHW
elevation at appropriate intervals along the project alignment for field
comparison by King Ecologists.
II. Preliminary Listed Species Assessment
King environmental scientists will conduct a series of pedestrian
transects within the proposed project area, the purpose of which is to
identify the conspicuous occurrence or potential occurrence of wildlife
species considered to be endangered, threatened, or species of special
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concern as listed by the Florida Fish and Wildlife Conservation
Commission (FWC) and/or the U.S. Fish and Wildlife Service (USFWS).
Computer data searches will be conducted for FWC bald eagle nesting
site locations, Florida Breeding Bird colonies and FNAI/FWC database
of occurrences for other listed species or their habitats. The approximate
location of listed species observed in the field and/or detected in the data
searches will be noted on an aerial photograph depicting the project area.
The methods and results of the field effort will be summarized in a letter
report form.
Depending on the results of the initial listed species assessment,
additional/subsequent assessments may be required in order to
adequately survey for specific breeding/nesting activity by certain
observed or potentially occurring listed wildlife species. In Pinellas
County, considering the project location and habitat types within or
adjacent to the project, such surveys may be required to determine the
onsite presence, nesting occurrence or population size of the Gopher
Tortoise, Bald Eagle and/or Wood Stork, among others. With the
exception of the gopher tortoise, surveys for the aforementioned species
are typically conducted during the recognized breeding season for each
in order to document the presence and location of any nesting activity, to
the extent that such presence could have an effect on project
implementation. Subsequent surveys may also be required if certain
listed species are documented to occur in the project vicinity in order to
provide assurance to the regulatory agencies that no active nests or
young animals will be inadvertently “taken” or “disturbed” by the
proposed activity. In the event that initial or follow-up wildlife surveys
detect the presence of listed species within the project area, such that
proposed project activities may affect such species, it will be necessary
to coordinate with the FWC, USFWS and/or other regulatory agencies to
obtain permits or clearance prior to initiation of project activities. The
extent of this agency coordination, permitting and listed species
management planning cannot be estimated at this time. As such, an
allowance has been included in the project fees to be used on an “As-
Needed” basis with the City’s approval.
Task 5: Surveying
I. Establish survey horizontal control in the North American Datum of
1983/90 and vertical control in the North American Vertical Datum of
1988 (NAVD 88);
II. Perform a topographic survey within the public right-of-way of all streets
included in the project area. Survey will extend 10 feet beyond the right-
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of-way on both sides of the street, except for Union Street on which the
survey will extend from the roadway centerline to 10 feet beyond the
south right-of-way line. Survey will include:
A. Cross sections every 50’ plus grade breaks, driveways, and
sidewalks. Material of driveways, sidewalks and curbs will be
recorded;
B. Above ground utilities and utility markings, paint marks, flags,
etc;
C. Valve boxes and elevations on top of the valve nut;
D. Trees >4 inches in diameter within the design corridor and 10
feet beyond the right-of-way;
E. Existing manhole cover location(s) and elevation(s), inverts, pipe
sizes and pipe material;
F. Storm pipe size, inverts and material of construction;
G. Existing monumentation to establish right-of-way limits;
H. Jurisdictional/wetland or MHW lines;
I. Horizontal location and depth or elevation of the top of the
existing sewer lateral at each lot;
J. Horizontal location of located existing septic systems;
K. Building finished floor elevation, recorded at the front door;
L. Geotechnical test boring locations.
Aerials of the project area will be provided by the City.
III. A specific purpose jurisdictional survey of the established MHW line
and/or located jurisdictional line points will be prepared in accordance
with Chapter 61G17-6, FAC. If necessary, King will submit signed and
sealed copies of the Wetland Surveys to the FDEP and Corps, as
appropriate, to obtain their approval of the Jurisdictional Delineation.
IV. If necessary, Subsurface Utility Engineering (SUE) services will be
provided to locate and survey existing utilities unable to be located by
conventional surveying and in potential conflict with the proposed
system. Fees allow for a maximum of 4 working days of field crew time
(±25 holes).
Task 6: Alternatives Analysis Report
King will develop an Alternatives Analysis Report for providing wastewater service
to the Idlewild/Mall area. Although EPA has granted the project a Categorical
Exclusion from having to develop an Environmental Impact Document (EID), the
structure and content of the report will be based on EPA requirements for such an
EID. The report structure and content will be as follows:
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I. Executive Summary
II. Purpose and Need for the Project
III. Existing Environment
IV. Calculation of Wastewater Flows
V. Existing System Connections Locations
VI. Alternatives Analysis
A. Gravity Sewer System
1. System Configuration
2. Benefits and Drawbacks
3. Environmental Impacts and Mitigation
4. Required Permits
5. Estimate Costs
B. Low Pressure Sewer System
1. System Configuration
2. Benefits and Drawbacks
3. Environmental Impacts and Mitigation
4. Required Permits
5. Estimate Costs
C. Vacuum Sewer System
1. System Configuration
2. Benefits and Drawbacks
3. Environmental Impacts and Mitigation
4. Required Permits
5. Estimate Costs
D. STEP System
1. System Configuration
2. Benefits and Drawbacks
3. Environmental Impacts and Mitigation
4. Required Permits
5. Estimate Costs
E. “No Action” Scenario
1. System Configuration
2. Benefits and Drawbacks
3. Environmental Impacts and Mitigation
4. Required Permits
5. Estimate Costs
VII. Recommendations
VIII. Project Schedule
The report will be submitted in draft format for City review and will be finalized
following a review meeting with the City.
Task 7: Geotechnical Services
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Upon completion of the Alternatives Analysis Report, a geotechnical exploration
program will be conducted in the project area. The following scope is based on a
gravity sewer system consisting of approximately 70 manholes ranging from 4 to 25
feet deep plus one pump station with a 30’ deep wet well. The scope of testing will
be adjusted based on the results of the Alternatives Analysis Report. Specifically,
the program scope includes:
• One (1) Standard Penetration Test (SPT) boring at each of approximately
70 manholes. Anticipated boring depths will be between 10 and 35 feet
for the manholes and one (1) boring to a nominal depth of 45 feet at the
proposed pump station. The test borings will penetrate approximately 5
feet below the bottom of manholes with embedments of 10 feet or less
and about 10 feet below deeper manholes so as to provide information
for assessment of sheeting, bracing and dewatering requirements.
• Based on the assumption that construction will require reconstruction of
the existing roadways, the geotechnical program will also include an
evaluation of underdrain requirements that may be warranted. The scope
therefore includes performing a series of shallow classification borings to
a nominal depth of 5 feet on a typical 200 foot spacing staggered back
and forth along the roadway alignments behind the back of each curb.
These classification borings will be used to examine subsurface and
groundwater conditions for estimation of potential seasonal variation.
• Laboratory classification tests will be performed on representative
samples including grainsize analyses, Atterberg limits and organic
content tests. Corrosivity testing will not be required.
• The results of the field and laboratory studies will be included in a signed
and sealed geotechnical report. The report will also include
recommendations for dewatering and roadway reconstruction, an
evaluation of the suitable of existing soils for backfill purposes and
recommendations for compaction requirements.
Task 8: Design
I. King will develop biddable drawings and specifications for
construction of a sanitary sewer system and abandonment of the
existing septic systems. For the purposes of this Work Order, it is
assumed that a gravity sanitary system with one (1) pump station
will be constructed. Drawings will consist of the following:
• Cover
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• Index and Notes
• Stormwater Pollution Prevention Plan
• Sewer System Key Sheet
• Sewer System 1”=20’ Plan and Profiles (±42 sheets)
• Sewer System Details
• Septic System Abandonment Plans (±6 sheets)
• Pump Station Mechanical Plan and Sections
• Pump Station Electrical Plan
• Pump Station Details
• Roadway Reconstruction Details
• Miscellaneous Details
• Maintenance of Traffic General Standards
II. Documents will be submitted to the City at the 30%, 60% and 90%
complete levels along with estimates of probable construction costs.
Front end technical specifications will be developed using the City’s
standard documents. King will meet with the City after each submittal to
review and respond to the City’s comments.
Task 9: Permitting
King will attend one pre-application meeting, prepare and submit permit application
packages and respond up to one Request for Additional Information (RAI) as part of
obtaining the following permits:
I. FDEP Notification/Application For Constructing A Domestic
Wastewater Collection/Transmission System.
II. FDEP Environmental Resource Permit (ERP).
III. U.S. Army Corps of Engineers Nationwide-12 Authorization
IV. City of Clearwater Development and Neighborhood Services (includes
City of Clearwater Right-of-Way Use Permit).
V. Coordination with the Pinellas County Health Department regarding
Septic system abandonment requirements.
It is assumed that the City will provide King with checks to pay permitting fees.
Building permits, dewatering permits and septic system abandonment permits will
be obtained by the contractor.
Task 10: Public Relations Assistance
King will assist the Clearwater Public Communications Department or Public
Relations firm hired directly by the City by providing the following services:
I. Attending up to three (3) Public Relations/Information meetings;
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II. Attending up to two (2) City Council meetings;
III. Assistance with developing handouts or flyers to be distributed by others;
IV. Preparing maps, exhibits and/or PowerPoint presentations for use at the
above meetings.
Task 11: Bid Documents and Bidding and Award Assistance
King will assist the City with advertisement, bidding and award of the project
including:
I. Submitting final Bid Documents including:
- Five (5) signed and sealed copies of the project drawings and
technical specifications;
- Signed and sealed copies of the project drawings and technical
specifications as required for submittal to the EPA;
- One (1) unbound reproducible set of the technical specifications;
- One (1) CD-ROM containing the project drawings in AutoCAD
format and the technical specifications in Word format;
- One (1) CD-ROM containing the Bid Documents in PDF format;
- The final Engineer’s Opinion of Probable Construction Cost.
II. Attending the pre-bid meeting and site visit;
III. Preparing up to two (2) Addenda/answer questions;
IV. Reviewing the bids, evaluating the apparent low bidder and providing
recommendation of contract award
3. PROJECT GOALS:
Project deliverables will include the following:
1. Ten copies of the draft Sewer System Expansion Feasibility Study Update;
2. Ten copies of the final Sewer System Expansion Feasibility Study Update;
3. Three (3) copies of the Preliminary Listed Species Assessment;
4. Ten copies of the draft Alternatives Analysis Report;
5. Ten copies of the final Alternatives Analysis Report;
6. Three (3) copies of the Geotechnical Report;
7. Five (5) 24”x36” copies and one (1) 11”x17” copy of the 30% drawings;
8. Five (5) 24”x36” copies and one (1) 11”x17” copy of the 60% drawings;
9. Five (5) 24”x36” copies and one (1) 11”x17” copy of the 90% drawings;
10. One (1) full copy of all permit application packages and RAI responses;
11. Bid Documents as described above.
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12. Meeting minutes in PDF format by email.
4. BUDGET:
See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by
King Engineering Associates, Inc. for the completion of these tasks, on a lump sum basis not to
exceed $779,978.
5. SCHEDULE:
Tasks 1 through 10 will be completed nineteen months from issuance of notice-to-proceed Task 11
will be completed subject to the City’s procurement schedule.
6. STAFF ASSIGNMENT (Consultant):
Principal/Project Manager: Christopher F. Kuzler, P.E.
Assistant Project Manager Tom Traina, P.E.
Sr. Project Engineers: Jeff Elick, P.E., Ben Turnage, P.E., Loc Truong, P.E.
Engineers: John Xie, P.E., Josh Logan, P.E., Tatyana Gordyenko
Designers: Mark Gladbach, Frank Paul, Chanta Sengaroun
Clerical: Vernetta Edwards
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Christopher F. Kuzler, P.E. All City
project correspondence shall be directed to Lan-Anh Nguyen, P.E., with copies to others as may
be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Engineering Dept., Attn: Veronica
Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work
performed. Invoices will be prepared monthly based on a percent complete for each task.
Invoices will identify the costs per plant. Contingency services will be billed as incurred only
after written authorization provided by the City to proceed with those services.
City Invoicing Code: 0315-96630-561300-535-000-0000
9. SPECIAL CONSIDERATIONS:
None.
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PREPARED BY: APPROVED BY:
________________________ ________________________
Christopher F. Kuzler, P.E. Michael D. Quillen, PE
Sr. Vice President City Engineer
King Engineering Associates, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment number 1
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
Attachment “A”
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing the following methods.
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit
of measurement shall be the United States Foot. Any deviation from this datum will not
be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" =
20’ unless approved otherwise. Upon completion the consultant shall deliver all
drawing files in digital format with all project data in Autodesk Civil 3d file format.
If not available Land Desktop files are still acceptable, however the City or
Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
AutoDesk, Inc. release. All block references and references contained within the
drawing file shall be included. Please address any questions regarding format to Mr.
Tom Mahony, at (727) 562-4762 or email address tom.mahony@myclearwater.com
All electronic files (CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
Attachment number 1
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ATTACHMENT B
CITY OF CLEARWATER
Idlewild/The Mall Sanitary Sewer System Preliminary Engineering, Design and Permitting
PPRROOJJEECCTT BBUUDDGGEETT
King Engineering Associates, Inc.
Subconsultant
Task Description Services Labor Total
1.0 Project Coordination $78,436 $78,436
2.0 Sewer System Expansion Feasibility Update $24,500 $58,211 $82,711
3.0 Locate Existing Septic Systems $55,000 $10,026 $65,026
4.0 Ecological Services $10,492 $10,492
5.0 Surveying $7,500 $112,455 $119,955
6.0 Alternatives Analysis Report $51,657 $51,657
7.0 Geotechnical Services $63,500 $1,390 $64,890
8.0 Design $1,000 $205,453 $206,453
9.0 Permitting $60,072 $60,072
10.0 Public Relations Assistance $16,798 $16,798
11.0 Bid Documents and Bidding and Award Assistance $14,613 $14,613
Subtotal, Labor and Subcontractors $771,103
Permit Review Fees $0
Other Direct Costs (prints, photocopies, postage, etc) $8,875
Grand Total $779,978
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Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time
frame and fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of
municipal parking, modifying Appendix A, Schedule of Fees, and pass Ordinance 8168-10 on first reading.
SUMMARY:
In 2008, the parking system installed multi-space parking pay stations in several off street parking facilities on the beach. For
enforcement purposes, the ordinance requires further clarification when referring to metered parking in order to include the pay stations.
Establishing a parking ticket dismissal program with specific criteria will eliminate the need to hear certain contested violations in court,
thereby saving staff time and court costs. The proposed fee of $10.00 will cover administration costs for the initial ticketing, follow-up
review and dismissal processes.
By extending the delinquent parking ticket time frame from 80 to 90 days, the City can fully recover the collection fees, which are
currently being charged to the City by the processing company. The fees will be passed on to the offender.
At various times there is a temporary need to remove metered parking to accommodate construction and other limited special
uses. Establishing a fee for the temporary removal and reinstallation of the meter will cover the cost of this expense. The proposed fee is
$50 for the removal and $50 for the reinstallation.
The proposed fee for the permanent removal of any municipal parking is calculated based upon the current daily rental rate for a period
of two years.
Temporary use of any municipal parking, including valet operations, must be approved in advance in accordance with specific
requirements. The fees are based on the current daily fee schedule along with a proposed administrative fee.
Updates to Appendix A, Schedule of Fees, include:
- Eliminating specific dollar amounts for the rental of parking spaces and include language stating the highest current City of
Clearwater municipal daily rate, which is how the current rates are calculated;
- Administrative Fees for parking space rentals: $20 for five or less spaces, $30 for six to 10 spaces, and $50 for eleven or more spaces;
- Permanent loss of parking fee is based on the loss of daily revenue for a period of two years instead of one year.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:N/A Annual Operating Cost:N/A
Not to Exceed:N/A Total Cost:N/A
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
N/A N/A N/A
Cover Memo
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Ordinance No. 8168-10
ORDINANCE NO. 8168-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING PROVISIONS OF CHAPTER 30,
TRAFFIC AND MOTOR VEHICLES, CLEARWATER CODE
OF ORDINANCES, FACILITATING PARKING
ENFORCEMENT BY ADDING SEVERAL TERMS;
MODIFYING THE TIMEFRAME ON DELINQUENT FINES
SO THAT THE CITY CAN COLLECT ADMINISTRATIVE
COSTS RELATING TO ENFORCEMENT PURSUANT TO
FLORIDA STATUTES; ESTABLISHING A TICKET
DISMISSAL PROGRAM; INSTITUTING A PROCEDURE
FOR TEMPORARY/PERMANENT USAGE OF CITY
PARKING FOR SPECIAL PURPOSES OR VALET
PARKING OPERATIONS; AND MODIFYING APPENDIX A,
XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES,
FEE SCHEDULE TO CONFORM TO THE CHANGES
PROPOSED BY THIS ORDINANCE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there are several multi-space parking lots that provide
revenue to the City, and the inclusion of the terms “parking enforcement
specialist” and “multi-space parking pay station” to several sections of Chapter
30, Traffic and Motor Vehicles, Clearwater Code of Ordinances is necessary for
parking enforcement purposes; and
WHEREAS, Parking Services wishes to collect administrative court-
related costs related to fines that become delinquent, and assess this collection
cost to the person fined, and pursuant to Florida Statutes, the time frame of
delinquency has been changed from 80 to 90 days; and
WHEREAS, this ordinance proposes the establishment of a ticket
dismissal program that allows the City to recover processing and administrative
fees in circumstances where a citation was properly issued for a violation of
failing to display or not properly displaying a parking receipt, permit, or hang tag,
so long as the citizen can provide proof of a valid parking receipt, permit, or hang
tag as of the time and date of the violation; and
WHEREAS, a procedure is established for the temporary or permanent
removal of parking meters/multi-space parking stations, for the temporary use of
parking spaces for a special purposes, and for the use of public parking spaces
for valet parking operations; and
WHEREAS, Appendix A contains modifications to the schedule of fees
relating to the changes proposed by this ordinance, now therefore,
Attachment number 1
Page 1 of 12
2 Ordinance No. 8168-10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Chapter 30, Traffic and Motor Vehicles, Section 30.040 be
amended by adding the underlined language as follows:
DIVISION 1. GENERALLY
Sec. 30.040. Parking in revenue generating city parking lots, garages
and other city property.
(1) It is unlawful for any person to remove a vehicle from any city owned
or operated parking lot, garage or property after the person shall have
parked thereon without first paying the attendant, activating an access or
smart card, or depositing the proper amount of money in a parking meter
or multi-space parking pay station or for any person to make any attempt
thereof to defraud the city.
(2) It is unlawful to alter or duplicate, damage or destroy an access or
smart card, spitter ticket, multi-space parking pay station receipt, permit,
tag, placard or decal used for parking control issued by the parking
division or to make any attempt thereof to defraud the city.
* * * * * * * * * *
(4) It is unlawful to stop, stand or park in city owned or operated parking
lots, garages or other city properties that are reserved for hourly, daily, or
monthly parking without properly displaying appropriate documentation of
payment for parking privileges for the current period (hangtag, decal,
placard, multi-space parking pay station receipt, etc.).
Section 2. That Chapter 30, Traffic and Motor Vehicles, Section 30.042 be
amended by adding the underlined language as follows:
Sec. 30.042. Near intersections and crosswalks.
Notwithstanding the provisions of F.S. § 316.1945, parking shall be
permitted within 20 feet of an intersection or a crosswalk where the city
engineer, or designee, of the city has posted signs, or installed meters, or
multi-space parking pay stations authorizing such parking.
Section 3. That Chapter 30, Traffic and Motor Vehicles, Section 30.043 be
amended by adding the underlined language as follows:
Sec. 30.043. Placement of motor vehicle in parking space.
* * * * * * * * *
Attachment number 1
Page 2 of 12
3 Ordinance No. 8168-10
(2) No truck, tractor truck or trailer shall occupy more than one parking
space where designated, except while actively loading or unloading and
while all meters used have been properly activated and / or when proper
parking permits or multi-space parking pay station receipt(s) have been
obtained and are displayed or except in cases of emergency.
* * * * * * * * * *
Section 4. That Chapter 30, Traffic and Motor Vehicles, Section 30.057 be
amended by adding the underline language as follows:
Sec. 30.057. Enforcement.
In addition to any other means of enforcement provided in the Code
of Ordinances, a police officer, traffic infractions enforcement officer,
parking enforcement specialist (PES), or code enforcement inspector
certified as a parking enforcement specialist is hereby authorized to issue
traffic court parking citations for violations of sections 30.054, 30.055, and
30.056.
Section 5. That Chapter 30, Traffic and Motor Vehicles, Section 30.060 be
amended by adding the underlined language and deleting the stricken language
as follows:
Sec. 30.060. Penalties/warning letter upon failure to comply with
ticket.
(1) If a violator of the provisions of this article does not respond to the
parking ticket affixed to the motor vehicle by paying the fine listed thereon
or by contacting the designated parking violation processing services
office specified on the parking ticket within a period of fifteen (15) calendar
days of the date of the infraction, the designated parking violation
processing services office, having jurisdiction of the subject matter shall,
send the registered owner to whose vehicle the parking ticket was affixed
a warning letter informing the registered owner of the violation and the fact
that a penalty of $10.00 has been assessed for the violation to cover
additional administrative costs, except for fines for violations involving
handicapped parking which shall remain at the amount established in
section 30.061. If the fine indicated on the parking ticket is not paid within
thirty (30) days (in addition to the penalty assessed after 15 days in the
preceding sentence hereof) an additional penalty of $15.00 will be
assessed for the violation to cover additional administrative costs. The
designated parking violation processing services office will issue up to two
additional late notices to the registered owner. After 80 ninety (90) days
the unpaid ticket will be considered a delinquent account and will be
handled through the delinquent collection services division of the
designated parking violation processing services office.
Attachment number 1
Page 3 of 12
4 Ordinance No. 8168-10
(2) Pursuant to F.S. 938.35, parking violation fines and penalties for
which full payment is not received within ninety (90) calendar days from
the date of issuance will also be subject to an additional collection fee if
the account is referred to a private attorney who is a member in good
standing of the Florida Bar or to a collection agent who is registered and in
good standing pursuant to F.S. chapter 559, each retained by the city
pursuant to its applicable procurement practices to pursue the collection of
such unpaid financial obligations. The amount of such collection fee shall
not exceed forty (40) percent of the amount owed at the time the account
is referred to the attorney or agents for collection, or in the actual amount
charged by such private attorney or agents for collection, whichever is
less.
(23) Overpayments. Any overpayments of fines / penalties will only be
refunded if specifically requested within 90 days of receipt of the
overpayment.
(34) The designated parking violation processing services office shall
supply the State of Florida department of Highway Safety and Motor
Vehicles with a magnetically encoded computer tape reel or cartridge,
which is machine readable by the installed computer system at that
department, listing persons who have three or more outstanding parking
violations or who have any outstanding violations of F.S. 316.1955.
(45) Contesting a violation. Any person who wishes to contest the validity
of the violation may request a court hearing by contacting the designated
parking violation processing services office within 15 calendar days of the
date of the infraction. A copy of the parking violation must be included with
the completed request form for a court hearing. Upon such request, a
summons for a court appearance will be issued to confirm the time and
date of the court hearing.
(56) Ticket cancellation. The city's City Manager’s designee will establish
and maintain a parking ticket cancellation program. Tickets may be
cancelled in lieu of court appearance and dismissal by the designee when
the complainant has a valid complaint. A valid complaint may include but
not be limited to an improperly written ticket, verified official city business,
ambulance transport, police department undercover vehicles, or a
malfunctioning meter.
(7) Ticket Dismissal. The City Manager’s designee will establish and
maintain a parking ticket dismissal program. Properly issued tickets for
failure to display or properly display valid parking permits, valid multi-
space parking pay station receipts, or handicap hang-tags or any other
recognized permit shall be dismissed in lieu of court appearance and
dismissal by the designee when the complainant can later produce valid
Attachment number 1
Page 4 of 12
5 Ordinance No. 8168-10
proof of such permit or hang-tag. A fee of $10.00 for such dismissal will
be charged to cover all administrative costs.
Section 6. That Chapter 30, Traffic and Motor Vehicles, Section 30.093 be
amended by adding the underlined language as follows:
Sec. 30.093. Installation of parking meters or multi-space parking
pay stations; operation.
(1) When parking meters or multi-space parking pay stations are
installed, the city manager shall place such parking meters or multi-space
parking pay stations in appropriate locations relative to each parking
space. Each parking meter or multi-space parking pay station shall be so
set as to show or display a signal that the lawful parking period has
expired or provide a printed receipt displaying expiry of paid for time.
(2) The city manager shall provide for the regulation, control, operation
and use of the parking meters or multi-space parking pay stations
provided for in this section and shall maintain such meters or multi-space
parking pay stations in good workable condition. Each parking meter or
multi-space parking pay station shall be so set as to display a signal or
dispense a printed receipt showing legal parking upon the deposit of coins
or currency of the United States, use of a City of Clearwater pre-paid
parking card, credit/debit cards or any authorized type of payment therein
for a period of time conforming to the parking limit established by the city
manager for the area where such meter is placed.
Section 7. That Chapter 30, Traffic and Motor Vehicles, Section 30.094 be
amended by adding the underlined language as follows:
Sec. 30.094. Fees and time limits designated by city manager.
The City Manager is authorized to designate fees and time limits for
parking at any city owned or operated parking lot, garage or other property
and to designate the denomination of United States coins or currency, use
of City of Clearwater pre-paid parking cards, credit/debit cards or any
authorized type of payment which may be deposited or inserted therein for
the purpose of obtaining legal parking for such period of time so
designated.
Section 8. That Chapter 30, Traffic and Motor Vehicles, Section 30.095 be
amended by adding the underlined language and deleting the stricken language
as follows:
Sec. 30.095. Use of meter/multi-space parking pay station and
space.
Attachment number 1
Page 5 of 12
6 Ordinance No. 8168-10
(1) When any vehicle shall be parked, pursuant to this division, in any
space alongside of, or next to, or in proximity to which there is located,
pursuant to this division, a parking meter/multi-space parking pay station,
the owner, operator, manager, or driver of such vehicle shall, immediately
after upon entering the parking space, immediately deposit the proper
coins or currency of the United States, City of Clearwater pre-paid parking
cards, credit/debit cards or any authorized type of payment in the parking
meter/multi-space parking pay station alongside of, or next to, or in
proximity to the parking space and shall set the meter/multi-space parking
pay station in accordance with all posted instructions thereon including,
but not limited to, prominently displaying any dispensed parking receipt(s)
where indicated. and tThe parking space may then be used by such
vehicle during the parking limit provided for the area in which such parking
space is located.
* * * * * * * * * *
(3) Temporary parking meter removal. The parking system may provide
for the temporary removal of parking meters to accommodate construction
and other limited special uses. The fee for the removal and reinstallation
of the meter/multi-space pay station is listed in Appendix A. No removal
shall last for a cumulative period of more than ninety (90) days during any
calendar year without prior approval from the City Manager’s designee.
(4) Permanent parking meter removal. Permanent parking meter removal
requests are strongly discouraged and are granted within the sole
discretion of the City Manager’s designee consistent with the parking
needs of the city. The fee for the permanent removal of a metered parking
space or any designated public parking spaces is listed in Appendix A,
and the calculation is based upon the daily rental rate per public parking
space for a period of two (2) years.
(5) Temporary use of designated parking spaces for limited special
purpose. Parking space rental for a special purpose including, but not
limited to, construction projects, valet parking operations, special events,
and production/film events may be requested. The applicable temporary
bagged parking space rental rate shall be assessed on a per space, per
day basis, payable in advance, until such time as the designated rental
has ended. The fee for the rental is listed in Appendix A. No temporary
use of parking space shall last for a cumulative period of more than ninety
(90) days during any calendar year without prior approval from the City
Manager’s designee.
Section 9. That Chapter 30, Traffic and Motor Vehicles, Section 30.096 be
amended by adding the underlined language and deleting the stricken language
as follows:
Attachment number 1
Page 6 of 12
7 Ordinance No. 8168-10
Sec. 30.096. Overtime parking.
(1) If any vehicle shall remains parked in any parking space when the
parking meter/multi-space parking station indicates the expiry of paid for
time, then beyond the parking limit designated for such parking space, the
parking meter shall display a signal showing illegal parking and in that
event, such vehicle shall be considered as parked overtime and such act
is unlawful.
(2) At multi-space parking lots, a failure to prominently display the parking
receipt dispensed by the parking pay station in the manner instructed is
unlawful and the vehicle shall be deemed as parked overtime. It shall be
unlawful for any person to permit a vehicle to remain or be placed in any
parking space alongside of or next to which any parking meter is placed
while such meter is displaying a signal showing that such vehicle has
already parked beyond the period of time allotted.
(3) It is unlawful for the operator of a vehicle to stop, park or leave
standing a vehicle on a city owned or operated parking lot, garage or other
property, using meters, multi-space parking pay stations, gates, permits,
or time limits for revenue and access control, for a period longer than 72
hours without first making arrangements in advance with the parking
division.
Section 10. That Chapter 30, Traffic and Motor Vehicles, Section 30.097
be amended by adding the underlined language and deleting the stricken
language as follows:
Sec. 30.097. Extending parking beyond legal time.
It shall be unlawful for any person to deposit or cause to be deposited in a
parking meter/multi-space parking pay station a coin, currency, City of
Clearwater pre-paid parking cards, credit/debit cards or any authorized
type of payment for the purpose of extending the parking time beyond the
legal time fixed for parking in the parking space alongside of, or next to, or
in proximity to which where such parking meter/multi-space parking pay
station is placed.
Section 11. That Chapter 30, Traffic and Motor Vehicles, Section 30.098
be amended by adding the underlined language and deleting the stricken
language as follows:
Sec. 30.098. Defacing, tampering with, etc.
Attachment number 1
Page 7 of 12
8 Ordinance No. 8168-10
It shall be unlawful for any person to deface, injure, tamper with, open or
willfully break, destroy or impair the usefulness of any parking meter,
multi-space parking pay station, or /revenue control equipment installed on
any city owned or operated parking lot, garage or other property pursuant
to the terms of this division.
Section 12. That Chapter 30, Traffic and Motor Vehicles, Section 30.099
be amended by adding the underlined language as follows:
Sec. 30.099. Use of substitutes for payment.
It shall be unlawful for any person to deposit or cause to be deposited in
any parking meter/multi-space parking pay station or change maker on
any city owned or operated parking lot, garage or other property, any slug,
device or substitute for a coin or currency of the United States, City of
Clearwater pre-paid parking card, credit/debit card or any authorized type
of payment.
Section 13. That Chapter 30, Traffic and Motor Vehicles, Section 30.100
be amended by adding the underlined language as follows:
Sec. 30.100. Disposition of parking fees.
The coins, United States currency, City of Clearwater pre-paid parking
card, credit/debit card or any authorized type of payment, deposited as
provided in this division shall be utilized in the manner provided by the
parking system bond ordinance, and until such bonds have been satisfied
or otherwise redeemed.
Section 14. That Chapter 30, Traffic and Motor Vehicles, Section 30.101
be amended by adding the underlined language as follows:
Sec. 30.101. Exception for city officers and employees while on
business.
The provisions of this division shall not be construed to require payment
into a parking meter/multi-space parking pay station by an officer or
employee of the city who is on city business in order to park a marked city
vehicle or a vehicle with an authorized city parking permit displayed on the
dashboard of the vehicle, or a visible hang-tag, in any on or off street
parking space within the city parking system. A city officer or employee
who is not on city business and who parks a marked city vehicle or a
vehicle with an authorized city parking permit displayed on the dashboard
of the vehicle, or a visible hang-tag, in any on or off street parking space
within the city parking system without paying the parking fee shall be
subject to appropriate disciplinary action as may be determined by the city
Attachment number 1
Page 8 of 12
9 Ordinance No. 8168-10
manager, including but not limited to loss of the city parking permit
privilege or use of a marked city vehicle.
Section 15. That section 30.102 be added to Chapter 30, Traffic and Motor
Vehicles as follows:
Sec. 30.102. Valet Parking.
(1) Valet Storage Spaces. The City may provide on an as-needed basis,
the ability for a valet service company to rent on and off street public
parking spaces to accommodate valet parking storage for special events.
The City Manager’s designee shall weigh the impact of each request on
the parking area and its users, and shall determine both the ability to lease
spaces, and the number of spaces that may be leased for the special
event. The fee per space is charged in accordance with the current fee
schedule by location and is based on the daily parking rate plus an
administrative fee as outlined in Appendix A. Valet storage fees are not
pro-rated for a portion of the day, and the fees are payable forty-eight (48)
hours in advance.
(2) Valet ramp space rentals. The City may provide on an as-needed
basis, the ability for a valet service company to rent public parking spaces
for the purpose of creating a valet ramp for the expeditious unloading and
loading of passengers. The City Manager’s designee shall determine the
number and location of said spaces, and will provide, if possible, spaces
adjacent to the business served by the valet service. A copy of the valet
business tax receipt for the location to be served, a notarized letter of
authorization from the business owner and a certificate of insurance
covering the valet service location must be presented to obtain Parking
Service approval before the first space rental request is made. The fee
per space is charged in accordance with the current fee schedule by
location and is based on the daily parking rate plus an administrative fee
as outlined in Appendix A. All valet ramp fees are not pro-rated for a
portion of the day. The fees are payable two (2) weeks in advance for
regular users and forty-eight (48) hours in advance for special events.
Rented spaces shall be signed appropriately with the Parking System
approval and shall restrict parking within the ramping area and shall be
strictly enforced.
Section 15. That Appendix A, XIX Streets, Sidewalks, Other Public Places,
be amended by adding the underlined language and deleting the stricken
language as follows:
APPENDIX A – Schedule of Fees
* * * * * * * * *
Attachment number 1
Page 9 of 12
10 Ordinance No. 8168-10
XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES:
Fees for services provided by the department of public works (ch. 28):
(1) Petition to vacate:
(a) Right-of-way . . . $500.00
(b) Easement . . . 400.00
(2) Request for street name and address change:
(a) Name change . . . 200.00
Plus cost of signs
(b) Address (house no.) change . . . 150.00
(3) Right-of-way permit:
(a) Single family residence/duplex . . . 25.00
(b) Multi-family/commercial . . . 125.00
(c) Sidewalk (construction of new or replacement sidewalk) . . . 50.00
(d) Subdivision development permit (Construction of a new subdivision
and/or construction of new streets (private or public with
accompanying street utility connections such as sanitary sewer,
water, storm drainage systems) . . . 200.00
Plus per gross acre . . . 50.00
(e) Utilities:
Reclaimed water connection fee . . . None
Utility connection or construction . . . 150.00
No pavement cut; fee per each utility involved and per each
connection.
Utility connection or construction . . . 200.00
Pavement cut; fee per each utility involved and per each
connection.
Annual general permit . . . 400.00
Providers of communications services . . . None
(f) Miscellaneous permit (work requiring engineering inspection in an
easement or for other miscellaneous work) . . . 50.00
(g) Failure to obtain r.o.w. permit before starting work . . . Double
fee
(4) Use of any revenue generating/timed/designated public parking spaces (i.e.
metered, permitted, cashiered, loading zone, designated, etc.):
(a) Beach - Spaces (per day, everyday) . . . 12.50 highest current City
of Clearwater municipal daily beach rate
Attachment number 1
Page 10 of 12
11 Ordinance No. 8168-10
Plus tax if applicable
Downtown - Spaces (per day, Monday--Friday) . . . 3.00 highest
current City of Clearwater municipal daily downtown rate
Plus tax if applicable
(b) Administrative Fees: The Parking System shall charge an
administrative service fee for all parking space rental requests
including valet ramp/valet storage rentals. The fee schedule is as
follows:
1. $20.00 administrative fee assessed for any parking space rental
of five spaces or less.
2. $30.00 administrative fee assessed for any parking space rental
of six to ten spaces.
3. $50.00 administrative fee assessed for any parking space rental
of eleven spaces or more.
(5) Parking space/meter removal – permanent and temporary:
(a) Permanent loss of revenue a parking space as a result of
construction on adjacent property causing elimination of a any
revenue generating/timed/designated public parking spaces (i.e.,
metered, permitted, cashiered, loading zones, designated parking,
etc.) parking space or loading zones. Fee is based on loss of
revenue for period of one two (2) years based on daily amounts
listed in number four (4) above. Fee for removal of loading zone will
be treated the same as the loss of an adjacent metered parking
space.
(b) Temporary removal of parking meter/multi-space parking pay
stations:
1. The fee for the removal of a parking meter/multi-space pay
station and post shall be $50.00 per meter/pay station post.
2. The fee for re-installation of a parking meter/multi-space pay
station and post shall be $50.00 per meter post.
Payment in full shall be paid to the City of Clearwater Parking
System in advance at a rate of $100.00 per meter post.
(6) Permit fee to conduct race utilizing public rights-of-way, per participant . . .
0.25
Attachment number 1
Page 11 of 12
12 Ordinance No. 8168-10
(a) The city manager may require the applicant to pay the charge as a
deposit based upon the estimated number of participants and may
deny the permit if the applicant refuses to pay such deposit.
(b) The charge shall be remitted by the applicant within two weeks
following the race event, if a deposit has not been required. If a
deposit has been required, any underpayment shall be remitted or
any overpayment shall be returned to the applicant within ten days
after receipt of the affidavit provided for in subsection (c) below.
(c) All applicants for special event permits to conduct a race shall
provide an affidavit form at the time of payment of the charge or a
request for refund of overpayment, a statement identifying the
event and the number of persons that participated in the event.
Section 16. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Camilo A. Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 12 of 12
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Accept the Town of Belleair’s Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when
feasible and otherwise not available and adopt Resolution 10-17.
SUMMARY:
The City of Clearwater and Town of Belleair agree via an Interlocal Agreement that Clearwater may provide reclaimed water service to
Belleair’s residents when feasible and not otherwise available.
Belleair’s Commission passed and adopted Resolution 2010-29 on July 20, 2010, authorizing the agreement.
Clearwater is requested to acknowledge Belleair's Resolution by approving Resolution 10-17.
There is no cost associated with this item.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 10-17
RESOLUTION NO. 10-17
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING THE PRIVILEGE AND CONCESSION OF THE
TOWN OF BELLEAIR, FLORIDA, FOR THE PURPOSE OF
FURNISHING RECLAIMED WATER WITHIN THE TOWN OF
BELLEAIR AND TO ITS INHABITANTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a new reclaimed water system interlocal agreement has been made and
authorized by the adoption of Resolution No. 2010-29 of the Town of Belleair on July 20, 2010,
a copy of which is attached to this resolution and incorporated herein by reference; and
WHEREAS, the terms and conditions of the reclaimed water system franchise are
acceptable; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The terms and conditions of the reclaimed water system franchise, privilege
and concession granted by the Town of Belleair, Florida, by the adoption of Resolution No.
2010-29 of the Town of Belleair, are hereby accepted, and the City Council of the City of
Clearwater does hereby agree to comply with the terms and conditions of the franchise and with
all reasonable ordinances adopted by the Town Commission of the Town of Belleair not
inconsistent with the franchise.
Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of
this resolution, the Public Utilities Director shall deliver a certified copy to the Town Clerk of the
Town of Belleair.
PASSED AND ADOPTED this __________ day of ________________, 2010.
_____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its
residents when feasible and otherwise not available and authorize the appropriate officials to execute same.
SUMMARY:
Belleair Country Club (BCC) has requested reclaimed water service from Clearwater to supplement irrigation for its golf course.
Pinellas County holds an interlocal agreement with the Town of Belleair to treat its wastewater and return reclaimed water service to the
town. The Town of Belleair provides reclaimed water services to two golf courses. BCC also relies on well water to meet their irrigation
needs. BCC has requested that Clearwater provide reclaimed water in addition to reclaimed water provided by Pinellas County. Staff
has recommended this project as feasible, and it is in design at this time.
The reclaimed water main passes by a residential neighborhood to reach BCC’s golf course. The resident homeowners along the
pipeline route, on Willadel Drive, have requested to be supplied with reclaimed water, as it is not available through the Town of Belleair
via Pinellas County. Staff recommends providing this service to the residents whose property is adjacent to this pipeline.
Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed
water service in the Town of Belleair; and Attorney General Opinion 94-28 provides language that is more specific to that effect.
The Town of Belleair and Clearwater wish to set forth their agreement with respect to the provision of such reclaimed water service to
those areas within the corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of
1969, as amended.
Both parties wish to avoid the necessity of governing boards’ approval for future situations wherein reclaimed water is not available by
the Town of Belleair, but could feasibly be provided by the City of Clearwater.
There is no cost associated with this item.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
Page 1 of 5
Attachment number 1
Page 2 of 5
Attachment number 1
Page 3 of 5
Attachment number 1
Page 4 of 5
Attachment number 1
Page 5 of 5
Attachment number 2
Page 1 of 3
Attachment number 2
Page 2 of 3
Attachment number 2
Page 3 of 3
Resolution No. 10-17
RESOLUTION NO. 10-17
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING THE PRIVILEGE AND CONCESSION OF THE
TOWN OF BELLEAIR, FLORIDA, FOR THE PURPOSE OF
FURNISHING RECLAIMED WATER WITHIN THE TOWN OF
BELLEAIR AND TO ITS INHABITANTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a new reclaimed water system interlocal agreement has been made and
authorized by the adoption of Resolution No. 2010-29 of the Town of Belleair on July 20, 2010,
a copy of which is attached to this resolution and incorporated herein by reference; and
WHEREAS, the terms and conditions of the reclaimed water system franchise are
acceptable; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The terms and conditions of the reclaimed water system franchise, privilege
and concession granted by the Town of Belleair, Florida, by the adoption of Resolution No.
2010-29 of the Town of Belleair, are hereby accepted, and the City Council of the City of
Clearwater does hereby agree to comply with the terms and conditions of the franchise and with
all reasonable ordinances adopted by the Town Commission of the Town of Belleair not
inconsistent with the franchise.
Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of
this resolution, the Public Utilities Director shall deliver a certified copy to the Town Clerk of the
Town of Belleair.
PASSED AND ADOPTED this __________ day of ________________, 2010.
_____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules, and pass Ordinance
8202-10 on first reading.
SUMMARY:
The Governing Board of the Southwest Florida Water Management District (SWFWMD) lifted water shortage restrictions effective July
1, 2010, following a three-year drought.
Created in response to the original water shortage restrictions imposed by SWFWMD, Clearwater Ordinance 7802-07 contains a
provision giving the City Manager authority to alter Clearwater’s watering restrictions contained in Code Section 32.153 upon
declaration of changes by SWFWMD in accordance with SWFWMD’s administrative order.
Ordinance 8202-10 codifies Clearwater’s normal condition watering schedule as altered by the City Manager and aligns the reclaimed
watering schedule for more hours of availability and ease of enforcement.
There are no costs associated with this item.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Ordinance No. 8202-10
ORDINANCE NO. 8202-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING WATERING SCHEDULE FOR ALL
WATER SOURCES; ADDING SECTION 32.110, CODE OF
ORDINANCES, ESTABLISHING GENERAL WATERING
SCHEDULE DURING PERIODS OF NO DROUGHT;
AMENDING SECTION 32.383, AMENDING RECLAIMED
WATER HOURS OF USE; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.110, Chapter 32, Article IV, Code of Ordinances, is
added to read as follows:
Sec. 32.110. General watering schedule.
Under normal conditions, watering restrictions are as follows:
1) Established lawns and landscape
Twice-per-week watering with all water sources (except reclaimed, which
is allowed any day of the week):
(a) Wednesday and Saturday – Even-numbered addresses (or A – M)
(b) Thursday and Sunday – Odd-numbered addresses (or N – Z), or mixed
or no street address
2) New Lawns
60-day establishment period for new and replacement turf (sod, plugs,
seed, etc.), not between 10:00 a.m. and 4:00 p.m.
(a) Days 1 – 30 - any day of the week
(b) Days 31 – 60 - Tuesday/Thursday/Saturday (even addresses [or A –
M])
- Wednesday/Friday/Sunday (odd addresses [or N –
Z])
3) All Water Sources
(a) No irrigation sprinkler use between 10 a.m. and 4 p.m.
(b) Hand watering, low-volume irrigation devices or drip tubing – any day,
any time
(c) Fountains, Car Washing and Pressure Washing are no longer
restricted. If applicable, shut-off nozzle should be used.
(d) Fertilizers, insecticides, fungicides and herbicides may be watered in
as needed.
See 32.153 for water shortage schedule. See 32.383 for Reclaimed Water use
schedule.
Section 2. Section 32.383, Chapter 32, Article IX, Code of Ordinances, is
amended to read as follows:
Attachment number 1
Page 1 of 2
Ordinance No. 8202-10
Sec. 32.383. Reclaimed water use restrictions.
To conserve the resource, no irrigation by use of reclaimed water is allowed
between the hours of 8:01 10:00 a.m. and 5:59 4:00 p.m. on each day of the
week. When applied, reclaimed water should be used only to the extent
necessary for irrigation needs of lawns, gardens and individual plants.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve an increase to an existing three-year contract (purchase order BR504735) to Polydyne, Inc., of Riceboro, GA, increasing the
contract by $169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP 12-08), and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
Polymer is used at the City's three Advanced Wastewater Treatment Facilities to thicken biosolids and reduce the amount of water in the
final cake, thereby reducing the cost required to haul and dispose of the biosolids.
The City advertised the Request for Proposal (RFP 12-08) and required that the potential polymer suppliers perform trial runs with their
proposed products. The submitted price for the product and dewatering effectiveness on Clearwater biosolids (as per trial results)
combine to make Polydyne the most cost effective provider.
Additional funds are requested to be added to purchase order BR504735 at this time. Extra polymer has been needed to accomplish
sufficient thickening and dewatering to minimize the cost of hauling the final biosolids cake for disposal due to aging sludge thickening
and drying equipment. The rotary drum thickeners have been recently rebuilt in-house. However, the filter belt presses are approaching
the end of their useful service life and continue to require additional polymer to achieve acceptable results. The replacement of this
equipment is in design, but the construction has been delayed to evaluate this project in combination with a future Performance Based
Contracting wastewater treatment audit.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC
Operations, to fund $35,628.01 of the current year cost of this contract increase and is planned in the budget request to be brought
forward for Fiscal Year 2010/2011 in the amount of $134,241.26.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:35,628.01 Annual Operating Cost:
Not to Exceed:Total Cost:709,869.28
For Fiscal Year:2008 to 2011
Appropriation Code Amount Appropriation Comment
0421-01351-551000-535-
000-0000
35,628.01FY 09/10
0421-01351-551000-535-
000-0000
134,241.26FY 10/11
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Establish the Clearwater Greenprint Stakeholder Steering Committee and provisions for member eligibility, categories and term of
office, adopt Resolution 10-20, and appoint committee members.
SUMMARY:
Clearwater Greenprint will lead to the adoption of strategies and actions to enhance mobility, increase energy efficiency and
conservation, and reduce greenhouse gas emissions citywide. The primary objectives of the project are to: 1) set the policies and
strategies to guide energy efficient growth and redevelopment in Clearwater over the next 20 years; 2) develop an action plan for public
and private sector decision-making that substantially advances the city in its pursuit of community sustainability and quality of life; and
3) meet requirements mandated by Florida Senate Bill 360 (transportation mobility) and Florida House Bill 697 (energy-efficiency).
A steering committee comprised of Clearwater stakeholders will benefit the Clearwater Greenprint project by providing strategic
direction and evaluation of the planning process and products (e.g., proposed strategies and actions). The Stakeholder Steering
Committee will consist of 15-21 members representing diverse perspectives, experiences and cultures. Specifically, the committee will
assist the project team in:
Establishing strategic direction for Clearwater Greenprint;
Setting mobility and sustainability goals and policies for Clearwater Comprehensive Plan;
Generating public interest and participation in project surveys, interactive open houses and public hearings;
Communicating the vision and strategy to others within their professional and social networks; and
Ensuring vision continuity through leadership changes.
For the first phase (comprehensive plan amendments), the members will participate in a series of scheduled committee meetings from
August 2010 to February 2011, at which time the adoption public hearing process begins. The committee will reconvened in
spring/summer 2011 to commence the projects’ second phase (Community Development Code amendments). Member terms of office
will be two years-- a little greater than the anticipated timeframe for the both project phases. It is hoped that members will be able to
participate throughout both project phases. The committee will sunset at the conclusion of the same two-year period.
A call for committee member applications was published on June 21, 2010, and 27 applications were received by the Planning and
Development Department prior to the July 14, 2010, application deadline. Staff has evaluated the applications based on the desired
committee composition, as defined by the committee membership categories and targeted level of representation for each (see
resolution), and developed a recommended slate of committee members for consideration and approval by City Council.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 10-20
RESOLUTION NO. 10-20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ESTABLISHING A STAKEHOLDER STEERING COMMITTEE
FOR THE CLEARWATER GREENPRINT ENERGY
EFFICIENCY, CONSERVATION AND MOBILITY STRATEGY;
PROVIDING FOR MEMBER ELIGIBILITY; PROVIDING FOR
MEMBERSHIP CATEGORIES; PROVIDING FOR MEMBER
TERMS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mayor Frank Hibbard signed the U.S. Conference of Mayors'
Climate Protection Agreement in 2007, committing to protect the environment
through the reduction of greenhouse gas emissions; and
WHEREAS, Florida House Bill 697 (2008) requires local comprehensive
plans to include energy efficient land use patterns, greenhouse gas reduction
strategies and energy conservation; and
WHEREAS, Florida Senate Bill 360 (2009) provides for local
comprehensive plans to include land use and transportation strategies to support
and fund mobility in Transportation Concurrency Exception Areas in lieu of
transportation concurrency requirements; and
WHEREAS, the U.S. Department of Energy awarded a grant to the City to
develop an energy efficiency, conservation and mobility strategy and associated
comprehensive plan policies and land development regulations to advance the
objectives of the foregoing actions; and
WHEREAS, the Clearwater Greenprint project will culminate in the
adoption of short and long range strategies and actions to enhance mobility,
increase energy efficiency and conservation, and reduce greenhouse gas
emissions citywide; and
WHEREAS, the City desires to establish the Clearwater Greenprint
Stakeholder Steering Committee (Committee) to incorporate the diverse
perspectives, experiences and cultures of the Clearwater community in the
creation of a sustainable community vision and framework for action;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Clearwater Greenprint Stakeholder Steering Committee is
hereby established.
Section 2. The role of the Committee will be to provide strategic direction
and evaluation of the Clearwater Greenprint process and proposed strategies
and actions.
Attachment number 1
Page 1 of 2
Resolution No. 08-15 2
Section 3. Persons who live, own property or are employed by a company
located in the Clearwater incorporated area are eligible to be considered for
membership on the Committee.
Section 4. The following membership categories and targeted levels of
representation will guide the City Council selection of 15 to 21 persons to the
Committee:
• Resident (4-7)
• Represents Economic Environment (1-3)
• Represents Built Environment (1-3)
• Represents Social Environment (1-3)
• Represents Natural Environment (1-2)
• Community Development Board Member (1)
• Environmental Advisory Board Member (1-4)
Section 5. The term of office for Committee members will be two years
from the effective date, at which time the Committee will be dissolved.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2010.
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development,
adding an objective and policies pertaining to the new categories, and pass Ordinance 8201-10 on first reading.(CPA2010-06001)
SUMMARY:
The Federal Transit Administration’s (FTA) New Starts Program funds fixed guideway projects. The Alternatives Analysis is the first
step in fulfilling the New Starts criteria. The Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County
Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida Department of Transportation
(FDOT) signed a Memorandum of Understanding to undertake an FTA Alternatives Analysis. The Alternatives Analysis will identify a
preferred transit alignment and station locations in Pinellas County.
The second step in competing for funding in the New Starts program is justifying transit projects by having transit supportive land use
policies. The TBARTA Land Use Working Group developed transit oriented development guiding principles. Using these principles
throughout the Tampa Bay area will make it easier to work towards common goals and effectively compete for funding. This
amendment contains transit-oriented development policies based on TBARTA’s guiding principles.
The Planning and Development Department is proposing amendments to the Clearwater Comprehensive Plan that add plan
classification categories for transit oriented development and an objective and policies pertaining to the new categories. The new
categories and their intensity standards are as follows:
The policies address the following issues:
How transit station locations and typologies are determined;
How transit station area plans are adopted;
How transit station area planning is handled when it traverses jurisdictional boundaries;
What each transit station area plan must include;
The guiding principles to be followed in the planning, design and development of transit station area plans as related to:
- Community & Economic Development
- Land Use
- Mobility
- Parking
- Urban Design
A copy of the staff report, which contains further analysis and information on the proposed amendments, is available.
The Community Development Board (CDB) reviewed the proposed plan amendment at its meeting on July 20, 2010. The Planning
and Development Department will report its recommendation at the August 5, 2010 City Council meeting.
Classification Minimum and Maximum Intensity
Type I: Urban Center Downtown FAR 1.5-7.0 (no limit on maximum FAR within 1/8 mile of the
transit station)
Type II: Suburban Center FAR 0.5-5.0
Type III: Neighborhood Center FAR 0.5-3.0
Type IV: Complete Street Corridor FAR 0.5-2.0
Cover Memo
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Ordinance No. 8201-10
ORDINANCE NO. 8201-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY
AMENDING THE FUTURE LAND USE ELEMENT BY ADDING PLAN
CLASSIFICATION CATEGORIES FOR TRANSIT ORIENTED
DEVELOPMENT AND ADDING AN OBJECTIVE AND POLICIES
PERTAINING TO THE NEW CATEGORIES; PROVIDING FOR
SEVERABILITY; AND 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 Council approved Ordinance Number 8088-09, which
amended the Comprehensive Plan of the City on November 17, 2009; and
WHEREAS, the City Council approved Ordinance Number 8134-10, which
amended the Comprehensive Plan of the City on May 20, 2010; and
WHEREAS, the Tampa Bay Area Regional Transportation Authority (TBARTA)
adopted a Regional Transportation Master Plan for the Tampa Bay Area in May 2009;
and
WHEREAS, the Regional Transportation Master Plan identifies future rail service
for portions of the City of Clearwater; and
WHEREAS, the Pinellas County Metropolitan Planning Organization adopted in
December 2009 a new Long Range Transportation Plan that incorporates a
comprehensive system of transit service with rail service to be developed in phases;
and
WHEREAS, TBARTA, the Pinellas County Metropolitan Planning Organization
(MPO), the Pinellas Suncoast Transit Authority, and the Florida Department of
Transportation signed a Memorandum of Understanding (MOU) in 2010 to jointly
undertake a Federal Transit Agency Alternatives Analysis to identify corridors in
Pinellas County for the first phase of a future rail or fixed guideway transit system; and
WHEREAS, the signatories to the MOU have identified the general transit
planning area in Pinellas County that will be the focus of the Alternatives Analysis; and
WHEREAS, transit station locations will be determined as part of the Alternatives
Analysis; and
WHEREAS, those jurisdictions that will be traversed by the future rail or fixed
guideway transit system must ensure that their local comprehensive plans contain
Attachment number 1
Page 1 of 3
Ordinance No. 8201-10
2
policies that integrate transit with supportive land use policies, such as enabling transit
oriented development around transit stations; and
WHEREAS, TBARTA has developed transit oriented development guiding
principles for incorporation into local comprehensive plans; and
WHEREAS, the Future Land Use Element of the Comprehensive Plan is being
amended to include new policies to support appropriate land use planning and
development in proximity to rail or fixed guideway transit stations once they are
identified through the Alternatives Analysis; and
WHEREAS, amendments to the Comprehensive Plan have been prepared in
accordance with the applicable requirements of law, after conducting appropriate
planning analysis and public participation through public hearings, opportunity for
written comments, open discussion and the consideration of public and official
comments; and
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 proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments;
and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt
the amendments to the objectives and policies 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 1 – 2 to the Clearwater Comprehensive Plan
attached hereto as Exhibit “A” are hereby adopted.
Section 2. 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 163.187 or
163.3189, F.S., as amended.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
Attachment number 1
Page 2 of 3
Ordinance No. 8201-10
3
__________________________
Frank Hibbard
Mayor-Councilmember
Approved as to form: Attest:
__________________________ __________________________
Leslie Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 3 of 3
1
Exhibit A Ordinance No. 8201-10
EXHIBIT A
ATTACHMENT TO ORDINANCE 8201-10
AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES
Amend following Policy A.2.2.1 of Goal A.2 of the Plan on pages A-6-A-9 as follows:
* * * * *
Attachment number 2
Page 1 of 11
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R
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R
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Me
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8
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Me
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30
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A
R
1
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R
0
.
9
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To
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(
T
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Hi
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R
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50
O
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B
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6
6
8
9
-
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a
n
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d
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d
.
Attachment number 2
Page 2 of 11
3
Ex
h
i
b
i
t
A
O
r
d
i
n
a
n
c
e
N
o
.
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2
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5
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5
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f
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(
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(
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(
D
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A
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Tr
a
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s
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t
S
t
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o
n
Ar
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a
T
y
p
e
I
:
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b
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n
Ce
n
t
e
r
D
o
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t
o
w
n
Re
s
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n
t
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l
;
O
f
f
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e
;
R
e
t
a
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l
;
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s
t
i
t
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t
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n
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l
;
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1
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0
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x
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m
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m
F
A
R
w
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h
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n
1
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mi
l
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a
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s
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S
t
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Ar
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a
T
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:
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b
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b
a
n
C
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n
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r
Re
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t
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;
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f
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;
R
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a
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;
In
s
t
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t
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P
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FA
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5
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n
s
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t
S
t
a
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n
Ar
e
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I
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I
:
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i
g
h
b
o
r
h
o
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d
Ce
n
t
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Re
s
i
d
e
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t
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;
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f
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;
R
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;
In
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S
t
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Co
r
r
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d
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;
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f
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t
a
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;
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s
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a
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f
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(R
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s
i
d
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n
t
i
a
l
;
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e
s
i
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t
i
a
l
Eq
u
i
v
a
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e
n
t
;
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f
f
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;
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t
a
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;
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e
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n
i
g
h
t
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m
m
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d
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t
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o
n
;
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r
s
o
n
a
l
/
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u
s
i
n
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v
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c
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s
18
D
w
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l
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t
s
P
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r
A
c
r
e
;
F
A
R
0
.
4
0
;
I
S
R
0
.
8
5
Of
f
i
c
e
(
O
)
;
Co
m
m
e
r
c
i
a
l
(
C
)
;
Me
d
i
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m
D
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n
s
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t
y
R
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s
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t
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l
(
M
D
R
)
30
O
v
e
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n
i
g
h
t
A
c
c
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m
m
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d
a
t
i
o
n
U
n
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t
s
P
e
r
A
c
r
e
;
F
A
R
0.
4
0
;
I
S
R
0
.
8
5
Co
m
m
e
r
c
i
a
l
N
e
i
g
h
b
o
r
h
o
o
d
(C
N
)
Of
f
i
c
e
;
R
e
t
a
i
l
;
P
e
r
s
o
n
a
l
Se
r
v
i
c
e
10
D
w
e
l
l
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U
n
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s
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A
c
r
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;
F
A
R
0
.
4
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;
I
S
R
0
.
8
0
Co
m
m
e
r
c
i
a
l
(
C
)
;
Of
f
i
c
e
(
O
)
Attachment number 2
Page 3 of 11
4
Ex
h
i
b
i
t
A
O
r
d
i
n
a
n
c
e
N
o
.
8
2
0
1
-
1
0
Co
m
m
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c
i
a
l
L
i
m
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t
e
d
(C
L
)
Of
f
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e
;
R
e
t
a
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l
;
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v
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n
i
g
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t
Ac
c
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m
m
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d
a
t
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n
s
;
P
e
r
s
o
n
a
l
Se
r
v
i
c
e
18
D
w
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l
l
i
n
g
U
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t
s
P
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r
A
c
r
e
;
F
A
R
0
.
4
5
;
I
S
R
0
.
8
5
Co
m
m
e
r
c
i
a
l
(
C
)
;
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f
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c
e
(
O
)
30
O
v
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r
n
i
g
h
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A
c
c
o
m
m
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d
a
t
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U
n
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s
P
e
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In
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(
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Attachment number 2
Page 4 of 11
5
Ex
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Attachment number 2
Page 5 of 11
6
Ex
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Attachment number 2
Page 6 of 11
7
Exhibit A Ordinance No. 8201-10
AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES
Add following Objective and Policies to Goal A.6 of the Plan on page A-21 as follows:
* * * * *
A.6.10 Objective – Create energy-efficient transit oriented development where residents,
visitors and tourists can travel to a variety of places without using a personal
vehicle, provide direction for transit-supportive development and redevelopment
in transit stations areas that makes it convenient for people to walk and use
transit, and incorporate the land use and economic development criteria outlined
in the Federal Transit Administration New Starts Planning and Development
Process.
Policies
A.6.10.1 Plan for transit oriented development around transit stations that are part of
a rail or fixed guideway system as established in the Pinellas County
Metropolitan Planning Organization Long-Range Transportation Plan.
Transit station locations and typologies will be determined at the
conclusion of the Pinellas Alternatives Analysis through a multi-agency
joint planning process.
A.6.10.2 When the location of fixed-guideway transit stations and station typologies
have been determined through the process described in A.6.10.1, the city
will delineate station areas where transit oriented development will be
directed and adopt transit station area plans after consideration of input
from a community involvement process. A station area will generally
comprise the area within a ½ mile radius (easy walking distance) of the
transit station.
A.6.10.3 If a transit station area encompasses more than one jurisdiction, the city
will coordinate with the other affected jurisdiction(s) in determining the
station area boundary and developing the transit station area plan.
A.6.10.4 Each transit station area plan must include existing conditions,
neighborhood context, station area types, redevelopment vision, concept
plan, market research and development projections, land use
recommendations, zoning requirements, building design standards, site
development standards, street cross sections, streetscape development
standards, pedestrian and bicycle access plans, public infrastructure
improvements, wayfinding plan, public realm and open space plan, parking
plan and implementation plan.
A.6.10.5 Where a transit station area coincides with the area governed by
Clearwater Downtown Redevelopment Plan (Downtown Plan), the
development of the Transit Station Area Plan will be closely coordinated
with and, potentially, integrated into the Downtown Plan to ensure
consistency in approach and implementation strategies. Amendments to the
Downtown Plan may be required to ensure that the specific target
intensities related to the transit station typologies will be accommodated.
Attachment number 2
Page 7 of 11
8
Exhibit A Ordinance No. 8201-10
A.6.10.6 Optimize the potential of transit oriented development to support transit
investments and create livable and sustainable urban communities by
adhering to the following guiding principles in the planning, design, and
development of transit station area plans:
a. Community & Economic Development
(1) Recognize that each station area around a rail or fixed guideway
transit station is different and that each station area is located
within its own unique context and serves a defined purpose in the
context of the transit corridor and the regional transit system.
(2) Conduct a location-based market analysis for development
projections to identify land use mix and density/intensity of uses to
make more viable.
(3) Ensure the land uses along transit routes and station locations are
appropriate for the transit type.
(4) Establish a method for preparing transit station area plans that
engages multiple stakeholders including government agencies,
development interests and the public.
(5) Promote the implementation of transit station area plans through
regulatory and financial incentives, public-private partnerships,
joint/shared facilities, environmental remediation and property
aggregation.
(6) Consider the Clearwater Economic Development Strategic Plan
goals when planning for transit station areas.
b. Land Use
(1) Mix complementary, compact and well-integrated land uses within
station areas and the area of influence up to one mile around
stations.
(2) Promote a range of higher-density and intensity uses in station
areas, including residential, office, service-oriented retail and civic
uses that support transit ridership and takes advantage of the major
public investment in transit.
(3) Provide greater flexibility for mixing uses and higher
density/intensity that is easier to implement than traditional
requirements and are able to respond to changing conditions.
(4) Provide a mixture of housing types affordable to households with a
range of incomes within station areas.
(5) Provide uses that serve the daily needs of residents, commuters
Attachment number 2
Page 8 of 11
9
Exhibit A Ordinance No. 8201-10
and visitors (e.g., grocery, laundry, banking, fitness centers, and
parks).
(6) Ensure appropriate transition in densities, intensities and building
heights, concentrating the highest densities closest to the transit
station and transitioning to lower densities at the edges of the
station area, especially when adjacent to lower-density
development (e.g. single-family neighborhoods).
(7) Require active uses that attract/generate pedestrian activity such as
retail and office on the ground floor of buildings, including
parking garages.
(8) Identify station area types that address transit technology,
community character, density/intensity and mix of land uses,
housing mix, and building heights.
(9) Discourage loss of industrial lands due to station area
development.
c. Mobility
(1) Make the pedestrian the focus of the transit oriented development
strategy without excluding vehicular traffic.
(2) Provide an extensive pedestrian system that minimizes obstacles,
provides connectivity with shorter walking distances, and provides
protection from the elements where appropriate.
(3) Create continuous, direct, safe, and convenient transit and
pedestrian linkages, including walkways between principal
entrances of buildings and adjacent lots.
(4) Design the pedestrian network for the anticipated pedestrian level
of service. Provide wide sidewalks and unencumbered walkways
on key pedestrian corridors.
(5) Design streets to be multimodal “complete streets,” with an
emphasis on pedestrian and bicycle safety, access and circulation.
Incorporate traffic calming and context sensitive street design, as
appropriate.
(6) Design an interconnected street network based upon a block
system, with blocks at the appropriate maximum length for the
station type.
(7) Provide pedestrian and bicycle networks to connect dead-end
streets, pass through long blocks, and create public pathways in
station areas.
(8) Accommodate local and regional multimodal connections for all
Attachment number 2
Page 9 of 11
10
Exhibit A Ordinance No. 8201-10
types of vehicular transport, including, where applicable, trains,
buses, bicycles, cars, watercraft, aircraft and taxicabs.
d. Parking
(1) Require a coordinated approach to vehicular parking for all
developments within one mile of station locations.
(2) Develop area-wide parking strategies through a coordinated
approach to vehicular parking for all development within the
station area.
(3) Implement parking strategies, including shared and centralized
parking, and reduce parking requirements over time with the
option of implementing parking maximums as station area
development becomes increasingly integrated with transit service.
(4) Require transit station area plans or large-scale site plans to
include a parking plan that reduces the number of spaces as the
transit system evolves and station area development becomes
increasingly integrated with transit service.
(5) Discourage large surface parking lots within ¼ mile of transit
stations.
(6) Require structured parking within transit station areas, when and
where appropriate.
(7) Provide bicycle parking and encourage other bicycle amenities,
such as bicycle repair, rental, and cyclist comfort stations.
(8) Provide park and ride facilities where appropriate.
e. Urban Design
(1) Use urban design to create sense of place, enhance community
identity and make attractive, safe and convenient environments
within station areas.
(2) Adopt building design guidelines based on street types such as
pedestrian priority streets where building fronts, doors, windows,
and elements that protect the pedestrian from rain and sun are
emphasized and secondary streets where buildings rears and
service areas may be tolerated.
(3) Require building frontage to be oriented to public streets or open
space with minimal setbacks.
(4) Require building entrances to be located to minimize the walking
distance between the transit station and the building entrance.
Attachment number 2
Page 10 of 11
11
Exhibit A Ordinance No. 8201-10
(5) Prohibit motor vehicle surface parking between building fronts and
public rights-of-way.
(6) Require clearly delineated pedestrian pathways through surface
parking lots to the transit station.
(7) Require parking structures to include active uses along the ground
floor street frontage.
(8) Incorporate sustainable technologies in station design and
operations, such as in lighting, signage, audio/visual, cooling,
waste management, landscape, and stormwater systems.
(9) Develop graphic wayfinding systems to facilitate visitor and
tourist navigation of station areas.
(10) Make safety, with the emphasis on pedestrian, bicycle and
Americans with Disabilities Act access, a key focus of the transit
oriented development strategy.
(11) Require open spaces to be engaging, high quality public
spaces that function as organizing features for buildings and
gathering places in station areas.
* * * * *
Attachment number 2
Page 11 of 11
Community Development Board – July 20, 2010
CPA2010-06001 – Page 1
CDB Meeting Date: July 20, 2010
Case Number: CPA2010-06001
Ordinance No.: 8201-10
Agenda Item: E. 5.
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Comprehensive Plan Amendment Related to the Adoption of a Transit
Oriented Development Objective and Policies
INITIATED BY: City of Clearwater Planning & Development Department
BACKGROUND:
In January 2010, the Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County
Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida
Department of Transportation (FDOT) signed a Memorandum of Understanding to jointly undertake a
Federal Transit Agency (FTA) Alternatives Analysis to evaluate mode and corridor alignment options for
the first phase of a regional transit system in Pinellas County. The Alternatives Analysis will identify a
preferred transit alignment and station locations between the cities of St. Petersburg and Clearwater.
These cities and other local governments within the Alternatives Analysis corridor will participate in the
decision study making process, especially as it relates to location and typology of transit stations within
their jurisdiction.
A significant portion of the proposed transit project funding will be sought from the FTA New Starts
program. Under this highly competitive program, transit projects are evaluated and justified according to
a variety of criteria including cost effectiveness, transit supportive land use/future patterns, mobility
improvements, environmental benefits and “other factors,” such as economic development. The transit-
supportive land use criterion considers 1) existing land use, 2) transit-supportive plans and policies, and
3) performance and impacts of policies. The inclusion of transit-oriented development policies in the
Clearwater Comprehensive Plan will improve the project rating potential for the New Starts grant
application.
Similar transit supportive comprehensive plan amendments are currently being proposed by Pinellas
County and the City of St. Petersburg. The Pinellas Planning Council is also undertaking a series of
amendments to their planning documents to provide a framework for consistency with land use policies.
These amendments draw heavily from the transit oriented development guiding principles developed by
the TBARTA Land Use Working Group. These guiding principles provide a common language among
jurisdictions that will make it easier to work towards common goals, especially where transit projects
cross jurisdictional boundaries, and enhance the region’s ability to effectively compete for federal
funding.
ANALYSIS:
Transit oriented developments are moderate to high density, mixed-use, walkable developments designed
to maximize access to public transportation. A transit oriented development neighborhood (i.e., transit
station area) typically has a center with a transit station surrounded by compact, relatively high-density
development that progressively decreases in development density and intensity with increasing distance
from the center, typically within 1/2 mile of the transit station, the distance most pedestrians are willing to
walk. A transit oriented development incorporates features that facilitate pedestrian access to the transit
Attachment number 3
Page 1 of 4
Community Development Board – July 20, 2010
CPA2010-06001 – Page 2
station, such as interconnected street networks, bicycle and pedestrian facilities, and street-oriented site
design. Successful transit oriented development provides an integrated mix of land uses and densities that
create a convenient, complete and vibrant community.
The benefits of transit oriented development go beyond maximizing transit ridership potential. Transit
oriented developments by design are pedestrian friendly, less land consumptive and more accessible due
to the proximity of multiple uses and the accommodation of multiple modes of transportation. This type
of innovative, efficient and livable urban form is supported by the Clearwater Comprehensive Plan.
Within transit oriented developments, multiple destinations are located within close proximity, thereby
adding convenience and providing time and cost savings. Higher density/intensity developments may
also provide more housing choices and support housing affordability. Businesses located in transit
oriented developments can optimize the use of land and building space while increasing accessibility to
their clients and workforce, resulting in more efficient operating costs.
Moderate to high density mixed use developments create opportunities to live, work and shop in close
proximity and ultimately promote greater transportation choices. Transit oriented developments create
strong jobs- to-housing balances, decrease dependence on single occupant auto trips and reduce parking
requirements, all resulting in reductions to area-wide vehicle miles traveled (VMT) and supporting energy
conservation. Public transit, combined with reduced private automobile usage, reduces the consumption
of fossil fuels and the potential emission of greenhouse gases. The increased convenience, accessibility,
and available amenities resulting from the close proximity of multiple diverse uses reduce travel cost and
time for residents and employees. Access to transit and other modes of transportation results in increased
mobility, especially for the transportation disadvantaged population, and reduced household costs for auto
ownership and operation. Transit provides access to a larger employment pool, resulting in higher
productivity for businesses. Decreased dependence on private automobiles reduces parking requirements
and enhances development opportunities.
The proposed amendment adds transit oriented development Future Land Use Map classifications to the
table referenced in Policy A.2.2.1. These classifications establish primary uses and intensity ranges (floor
area ratio) for four transit station area types of varying scale and intensity as follows:
Classification Minimum and Maximum Intensity
• Type I: Urban Center Downtown • FAR 1.5-7.0 (no limit on maximum FAR
within 1/8 mile of the transit station)
• Type II: Suburban Center • FAR 0.5-5.0
• Type III: Neighborhood Center • FAR 0.5-3.0
• Type IV: Complete Street Corridor • FAR 0.5-2.0
The proposed amendment also adds an objective and five policies to Goal A.6, which states that the City
shall utilize innovative and flexible planning practices. The proposed objective states that transit oriented
development will be created in the City, and that such development will incorporate the criteria from the
FTA New Starts Planning and Development Process. The policies address the following issues:
• How transit station locations and typologies are determined;
• How transit station area plans are adopted;
• How transit station area planning is handled when it traverses jurisdictional boundaries;
• What each transit station area plan must include;
• How transit station area plans will relate to the Clearwater Downtown Redevelopment Plan
(Downtown Plan)
Attachment number 3
Page 2 of 4
Community Development Board – July 20, 2010
CPA2010-06001 – Page 3
• The guiding principles to be followed in the planning, design and development of transit station
area plans as related to:
o Community & Economic Development
o Land Use
o Mobility
o Parking
o Urban Design
The guidelines contained in each focus area are based on transit oriented development guiding principles
developed by the TBARTA Land Use Working Group. The City’s unique context, goals and existing
policy framework were taken into consideration when developing guiding principles for the City’s
comprehensive plan.
STANDARDS FOR REVIEW:
Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan
shall be approved unless it complies with the following standards:
1. The amendment will further implementation of the Comprehensive Plan consistent with the goals,
policies and objectives contained in the Plan.
The proposed amendments to the Comprehensive Plan are consistent with existing goals, policies and
objectives in the Plan. From the Future Land Use Element, Goal A.6 states that the City shall utilize
innovative and flexible planning practices. Transit oriented development is an innovative alternative
to traditional Euclidian zoning patterns as it encourages a finer-grain and integrated mix of uses.
Further, Policy A.6.1.1 states that redevelopment shall be encouraged by providing development
incentives, such as density bonuses. Because transit oriented development is served by mass transit,
it demands higher density from the market, and our regulatory framework will allow such. Transit
oriented development fits perfectly into Policy A.6.8.1 which calls for the building of active,
attractive communities that are designed at a human scale and encourage walking, cycling and use of
mass transit. These amendments also further implement Policy A.6.8.7, to create mixed-use, higher
density, livable communities through design, layout and use of walkability techniques within existing
and proposed transit corridors, including proposed TBARTA lines and stations. Transit oriented
development also furthers Goal B.3 which states that the city shall support the efforts of mass transit
service operators to provide generalized and special mass transit services. In addition, these
amendments further Policy H.1.1.2, which states that Clearwater supports intergovernmental
coordination in transportation and mass transit planning, through the MPO, PSTA, and TBARTA.
2. The amendment is not inconsistent with other provisions of the Comprehensive Plan.
The proposed amendment will add a new objective and five supporting policies to the Future Land
Use Element that promotes intergovernmental cooperation, innovative planning practices,
redevelopment incentives, the continued support of the tourism industry in the City, and provides for
a variety of transportation options. The amendment also adds new future land use categories to the
table found in Policy A.2.2.1. consistent with those proposed by the Pinellas Planning Council in the
Countywide Plan Rules. The objective, polices, and future land use category additions are not in
conflict with the Comprehensive Plan.
3. The available uses, if applicable, to which the property may be put are appropriate to the property in
question and compatible with existing and planned uses in the area.
Attachment number 3
Page 3 of 4
Community Development Board – July 20, 2010
CPA2010-06001 – Page 4
Transit oriented development will be located within designated Transit Station Areas; Specific Transit
Station Area Plans will be developed and adopted. These plans will regulate land use and zoning and
thus will consider the unique context of each Transit Station Area and compatibility with existing and
planned uses in the area.
4. Sufficient public facilities are available to serve the property.
The adequacy of public facilities will be assessed as part of the planning process for Transit Station
Area Plans. Based on current public facility capacity, it is anticipated that adequate public facilities
will exist to accommodate future transit oriented development within transit station areas.
5. The amendment will not adversely affect the natural environment.
Any development that should occur as a result of the proposed amendments must comply with
impervious surface ratio standards, the City’s tree preservation requirements, as well as drainage and
water quality standards. Therefore, the proposed amendment will not adversely affect the natural
environment.
6. The amendment will not adversely impact the use of property in the immediate area.
The proposed amendment provides policies to direct the character of public and private development
within designated Transit Station Areas. Transit Station Areas have not yet been identified, therefore,
property impacts are unknown at this time. The potential for property impacts will be determined
during the development and adoption of specific Transit Station Areas, which will include
opportunity for public input.
SUMMARY AND RECOMMENDATION:
Metropolitan areas across the U.S. and around the world have realized that complete transportation
systems offering choices and alternatives are integral to sustainability and economic competitiveness.
The proposed comprehensive plan amendment is the City’s first step in creating a framework of policies
and regulations that support a modern and sustainable regional transportation system.
Transit oriented development has enormous potential to help the City and region strengthen the
transportation-land use connection, stimulate redevelopment where desired, foster active, economically
vibrant and livable neighborhoods designed at a human scale. The proposed amendment supports an
intergovernmental effort to secure funding for a modern, regional transportation system. The proposed
amendment will further the goals, objectives and policies of the Clearwater Comprehensive
Plan, is consistent with other provisions of the Clearwater Comprehensive Plan, will not result
in inappropriate or incompatible uses, will not adversely affect the natural environment or impact
the use of property in the immediate area, and sufficient public facilities exist to implement the
proposed amendment. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8201-10 that amends the Clearwater
Comprehensive Plan.
Prepared by Planning & Development Department Staff: _______________________________________
Cate Lee, Planner II
ATTACHMENTS:
Ordinance No. 8201-10 and Exhibit A
S:\Planning Department\COMPREHENSIVE PLAN\2010Comp Plan Amendments\TOD\Staff Report\Ordinance No 8201-10 2010 07-20 CDB
Staff Report Revised for City Council 08-05.doc
Attachment number 3
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (I) classification and a
Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for property at
110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29
South, Range 16 East, and pass Ordinances 8193-10 and 8194-10 on first reading. (LUZ2010-05001)
SUMMARY:
The proposed amendments involve 0.219 acres of land located at the northeast corner of Virginia Avenue and Meadow Lark Lane,
approximately 335 feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied by First Baptist
Church of Clearwater, Inc. a/k/a Calvary Baptist Church (applicant). The subject property is undeveloped. The applicant intends to use
the property in the future for stormwater drainage or athletic fields for church/school use.
The request is to change the future land use classification of Residential Urban (RU) to Institutional (I) and the zoning designation of
Low Medium Density Residential (LMDR) to Institutional (I). The applicant recently received approval for Institutional land use and
zoning designations for 28 parcels surrounding the subject property, which was inadvertently excluded from the prior action by the
applicant.
The Planning and Development Department has determined that the proposed future land use and rezoning amendments are consistent
with Community Development Code standards in that:
The proposed land use plan and zoning amendments 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.
A complete analysis of the proposal is included in the staff report.
In accordance with the Countywide Plan Rules, the Future Land Use Map 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 reviewed the proposed amendments at its public hearing on July 20, 2010. The Planning &
Development Department will report the Board’s recommendation to the City Council at a public hearing on August 5, 2010.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Looking north at subject property from Virginia Avenue East of subject property
West of subject propertyLooking south of subject property from Virginia Avenue
View looking easterly along Virginia AvenueView looking westerly along Virginia Avenue
LUZ2010-05001
First Baptist Church of Clearwater, Inc.
(a/k/a Calvary Baptist Church)
110 N. McMullen Booth Road
Attachment number 1
Page 1 of 1
LOCATION MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2010-05001
Site: At the south portion of the main church site at 110 N.
McMullen Booth Road (16-29-16-15074-001-0010)
Property Size
(Acres):
0.219 acres
Land Use Zoning
PIN: 16-29-16-15074-001-0010
From :
To:
RU LMDR
I I Atlas Page: 292A
PROJECT
SITE
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Attachment number 2
Page 1 of 1
AERIAL PHOTOGRAPH
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2010-05001
Site: At the south portion of the main church site at 110 N.
McMullen Booth Road (16-29-16-15074-001-0010)
Property Size
(Acres):
0.219 acres
Land Use Zoning
PIN: 16-29-16-15074-001-0010
From :
To:
RU LMDR
I I Atlas Page: 292A
BA
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CAROLINA AVE CAROLINA AVE
VIRGINIA AVE VIRGINIA AVE
CLEVELAND ST CLEVELAND ST
CHERRY LN CHERRY LN
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Attachment number 3
Page 1 of 1
FUTURE LAND USE MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2010-05001
Site: At the south portion of the main church site at 110 N.
McMullen Booth Road (16-29-16-15074-001-0010)
Property Size
(Acres):
0.219 acres
Land Use Zoning
PIN: 16-29-16-15074-001-0010
From :
To:
RU LMDR
I I Atlas Page: 292A
I
I
I
RM
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RU
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RM
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RU
RU
RU
RU
RLM
RU
RU
RU
RU
RU
RU
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RU
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109-B
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Attachment number 4
Page 1 of 1
ZONING MAP
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2010-05001
Site: At the south portion of the main church site at 110 N.
McMullen Booth Road (16-29-16-15074-001-0010)
Property Size
(Acres):
0.219 acres
Land Use Zoning
PIN: 16-29-16-15074-001-0010
From :
To:
RU LMDR
I I Atlas Page: 292A
BA
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VIRGINIA AVE
CLEVELAND ST
CHERRY LN
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109-B
KENTUCKY AVE
TENNESSEE AVE
EASTWOOD DR
COLONIAL D
JOHNS PKW
DOWNING S
FEATHERWOOD
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407
339
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Attachment number 5
Page 1 of 1
EXISTING SURROUNDING USES
Owner
First Baptist Church of Clearwater, Inc. a/k/a
Calvary Baptist Church, 110 N. McMullen Booth
Road, Clearwater, FL 33759
Case: LUZ2010-05001
Site: At the south portion of the main church site at 110 N.
McMullen Booth Road (16-29-16-15074-001-0010)
Property Size
(Acres):
0.219 acres
Land Use Zoning
PIN: 16-29-16-15074-001-0010
From :
To:
RU LMDR
I I Atlas Page: 292A
25
11
10
123
400
300
201
225
307
339
210
337
220
201
115
311
227224
207
112
125
309
323
200
130
225
200
201
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205
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13
407
341
309
343
30
8
5
31
0
6
109-B
VIRGINIA AVE
CHERRY LN
KENTUCKY AVE
TENNESSEE AVE
EASTWOOD DR
COLONIAL D
JOHNS PKW
DOWNING S
FEATHERWOOD
OYSTER BAYOU
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Vacant
Institutional - Church
Institutional
- Church
Office
Social and
Community Center
Single Family
Residential
Institutional ±
Church
Vacant MDR
Tourist /
RV Park
SF Residential
Single-Family
Residential
Attachment number 6
Page 1 of 1
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 1 of 8
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Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft_071410.docx
CDB Meeting Date: July 20, 2010
Case Number: LUZ2010-05001
Owner/Applicant: First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church
Address: 110 N. McMullen Booth Road
Agenda Item: E-1
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Map amendment from the Residential
Urban (RU) Classification to the Institutional (I)
Classification; and
(b) Rezoning from the Low Medium Density Residential
(LMDR) District to the Institutional (I) District.
SITE INFORMATION
Property Size: 9,540 square feet or 0.219 acres
Portion of Property
Subject to Amendment: 9,540 square feet or 0.219 acres
Property Use: Current Use: Vacant land
Proposed Use: Church support facilities
Future Land Use
Map Category: Current Categories: Residential Urban (RU)
Proposed Category: Institutional (I)
Zoning District: Current Districts: Low Medium Density Residential (LMDR)
Proposed District: Institutional (I)
Surrounding
Existing Uses: North: Church (Calvary Baptist Church)
South: Vacant (Institutional future land use and
zoning), single family dwelling (Institutional
future land use and zoning)
East: Vacant (Institutional institutional future land
use and zoning)
West: Retention pond (Institutional institutional
future land use and zoning)
Attachment number 7
Page 1 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 2 of 8
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Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft_071410.docx
ANALYSIS:
The proposed Future Land Use Map and rezoning amendment involves 0.219 acres of land
located at the northeast corner of Virginia Avenue and Meadow Lark Lane, approximately 335
feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied
by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church. The subject property is
vacant (undeveloped).
The amendment request is to change the current Future Land Use Map classification of
Residential Urban (RU) to Institutional (I) and the current zoning designation of Low Medium
Density Residential (LMDR) to Institutional (I). No site plan application has been filed in
conjunction with the amendment request; however, the applicant has indicated that the property
will be used for church support facilities at some point in the future. The applicant’s intent is to
consolidate the subject property with other church property holdings under the appropriate future
land use and zoning designations. The applicant recently received approval for Institutional land
use and zoning designations for 28 adjacent parcels of land.
In accordance with the Pinellas Planning Council Countywide Plan Rules, the proposed Future
Land Use Map 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
allowed under the proposed Institutional (I) future land use classification (12.5 units per acre),
review and approval by the Florida Department of Community Affairs is required.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-602.F.1
and 4-603.F.1]
Recommended Findings of Fact
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendments include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Objective A.2.1 Public institutions, such as hospitals, parks, utility facilities and government
facilities, shall be provided sufficient land area to accommodate identified public needs.
Policy A.6.2.1 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
The proposed amendment is not in conflict the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The designation of the
subject property under the Institutional (I) future land use and zoning classifications provides
additional land for planned development to meet public demand and need. The consolidation of
the subject property with the larger Calvary Baptist Church parcel under common future land use
and zoning designations will facilitate infill development in an appropriate location in the City.
Church support facilities on the subject property would be compatible with the surrounding
environment and envisioned character of the neighborhood.
Attachment number 7
Page 2 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 3 of 8
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II. CONSISTENCY WITH COUNTYWIDE PLAN RULES
Recommended Findings of Fact
Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I)
future land use classification 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. Section 2.3.3.7.3 also states that the
Institutional (I) future land use classification 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 subject property is the southerly part of the main Calvary Baptist Church campus, which is
located on the southwest corner of Drew Street and McMullen Booth Road. The subject property
is surrounded on all sides by church-owned properties that have Institutional land use plan and
zoning designations, some of which still have existing nonconforming single family dwelling
uses. Zoning districts in the vicinity of the subject property include Institutional (I) and Low
Medium Density Residential. Future use of the subject property with church support facilities is
consistent with the purposes of the Institutional (I) future land use category and zoning
designation and compatible with surrounding properties and the neighborhood. The church
campus is located on several PSTA bus routes.
Recommended Conclusions of Law
The proposed Future Land Use Map amendment is consistent with the purpose and locational
characteristics of the Countywide Plan Rules.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3 and 4-
603.F.6]
Recommended Findings of Fact
The subject property is vacant land located on the northeast corner of Virginia Avenue and
Meadow Lark Lane. Existing uses of surrounding properties (church-owned) consist of the
Calvary Baptist Church main campus, nonconforming single family residential and vacant land.
The future land use designation of surrounding properties is Institutional (I). Surrounding zoning
includes the Institutional (I) District on adjacent church-owned properties and Low Medium
Density Residential (LMDR) northeast of the subject property accessible from McMullen Booth
Road. The future expansion use of church support facilities on the subject property is compatible
with the surrounding properties and neighborhood.
The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre and a
floor area ratio (FAR) of 0.65. The Institutional (I) zoning district primarily permits school,
church, public office and hospital uses. The proposed Institutional (I) future land use and zoning
designations are in character with the overall Future Land Use Map and zoning designations in
the neighborhood surrounding the subject property. The Institutional (I) future land use
classification requested is consistent with the surrounding Institutional (I) future land use
Attachment number 7
Page 3 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 4 of 8
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classifications that exist in the vicinity of the subject property.
The proposed future land use and zoning designations will allow church support facilities at a
density and scale that is consistent with existing institutional and residential uses in the vicinity
of the subject property. As such, the proposed amendment will allow development that is in
character with the surrounding area.
Recommended Conclusions of Law
The proposed future land use and zoning designations are in character with the overall Future
Land Use Map and zoning designations in the area. Further, the proposal is compatible with
surrounding uses and consistent with the character of the surrounding properties and
neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.4]
Recommended Findings of Fact
The subject property consists of approximately 9,540 square feet (0.219 acres). The current
Residential Urban (RU) future land use category permits 7.5 dwelling units per acre or 0.40 floor
area ratio. Under this category, the subject property could yield a maximum of one dwelling unit
or 3,816 square feet of nonresidential floor area. The current Low Medium Density Residential
(LMDR) zoning district primarily permits residential uses.
The proposed Institutional (I) future land use category permits 12 dwelling units per acre or a
nonresidential floor area ratio of 0.65. Under this designation, the subject property could yield a
maximum of two dwelling units or 6,201 square feet of nonresidential floor area. It should be
noted that the Clearwater Community Development Code only allows residential equivalent uses
in the Institutional (I) zoning district. The proposed Institutional (I) zoning district primarily
permits institutional uses with a public interest.
The proposed amendment to the Institutional (I) future land use category would provide for an
increase of one dwelling unit or 2,385 square feet of nonresidential floor area on the subject
property. The applicant has indicated the subject property will be used for church support
facilities such as drainage features and athletic fields.
Roadways
Table 1: Maximum Potential Traffic indicates the traffic characteristics of the subject property
based on the current and proposed future land use categories. The table indicates the maximum
potential trips generated by future land use category based on the traffic generation rates in the
Countywide Plan Rules. The table also shows the potential roadway level of service impacts to
Gulf to Bay Boulevard under each scenario. Note: The Countywide Plan Rules traffic generation
guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future
Land Use Map amendments.
Gulf to Bay Boulevard from Bayshore Boulevard to US 19 currently operates at a level of
service F, peak hour according to the Pinellas County Metropolitan Planning Organization 2009
Level of Service Report. Trips generated by the proposed future land use category would not
lower the operating level of service, peak hour. The adopted level of service standard for the
roadway segment is D, peak hour.
Attachment number 7
Page 4 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 5 of 8
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Table 2: Trip Generation Comparison by Zoning Designation indicates the estimated trip
generation for a specific use allowed in the current and proposed zoning districts based on the
Institute of Transportation Engineer’s (ITE) Trip Generation 8th Edition. The analysis compares
trips generated by a single family residential use that would be probable under the existing
zoning designation to a use representing the maximum development potential under the proposed
zoning district, in this case a church.
Table 1: MAXIMUM POTENTIAL TRAFFIC
Gulf to Bay Blvd
(Bayshore Boulevard to US 19)
Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Maximum Daily Added Potential Trips N/A 15 23 8
Maximum PM Peak Hour Added Potential Trips3 N/A 1 2 1
Roadway Volume 62,500 62,515 62,523 8
Roadway Level of Service PM Peak Hour F F4 F4 F4
Adopted Roadway Level of Service Standard D Peak Hour
Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category.
2. Based on PPC calculations of 104 trips per day per acre for “religious/civic facilities” in the Institutional (I) future land
use category
3. Based on MPO K-factor of 0.095.
4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
5.
Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Average
Daily Trips
PM Peak
Trips
Average
Rate
PM
Peak
Trips
Net
Change
PM Peak
Trips
EXISTING DESIGNATION: “LMDR” Zoning District ( “RU” Future Land Use Category)
Single-Family Detached
Housing1
(9.57 trips/unit)
1 DU6 10 N/A 1.01 1 N/A
PROPOSED DESIGNATION: “I” Zoning District (“I” Future Land Use Category)
Church2
(9.11 trips/1,000 SF GFA) 6,201 SF4 56 46 0.55 3 2
Notes:
GFA = Gross floor area SF = Square foot DU = Dwelling unit N/A = Not applicable
1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 210.
2. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 560.
3. Total gross floor area ratio permitted by the current RU future land use category is 0.40.
4. Total gross floor area ratio permitted by the proposed I future land use category is 0.65.
Mass Transit
The citywide level of service for mass transit will not be affected by the proposed amendment.
The total miles of fixed route service will not change. The subject property is proximate to high
frequency bus service via routes on Gulf to Bay Boulevard, Drew Street and McMullen Booth
Road.
Attachment number 7
Page 5 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 6 of 8
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Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft_071410.docx
Potable Water
For the current future land use designation, potable water demand is estimated at 260.4 gallons
per day. Under the proposed future land use designation, potable water demand is estimated at
620.4 gallons per day, an increase from current estimated demand.
Wastewater
For the current future land use designation, wastewater demand is estimated at 234.6 gallons per
day. Under the proposed future land use designation, wastewater demand is estimated at 496.06
gallons per day, an increase from current estimated demand.
Solid Waste
Under the current future land use designation, is estimated that 2.53 tons of solid waste would be
generated per year. Under the proposed future land use designation, it is estimated that 4.96 tons
of solid waste would be generated per year, an increase from estimated current demand.
Recreation and Open Space
The City has sufficient parkland or recreational facility capacity to serve future development
under the proposed amendment. Open Space, Recreation Land and Recreation Facility impact
fees may be required for future development prior to the issuance of a building permit. Impact
fees will be determined as part of the development review process.
Public School Facilities
Based on factors established by the Pinellas County School Board, the subject property as
currently designated under the Residential Urban (RU) future land use category could generate
the following number of students.
Elementary School: 0.15 students per unit x 1 unit = 0.15 students
Middle School: 0.07 students per unit x 1 unit = 0.07 students
High School: 0.10 students per unit x 1 unit = 0.10 students
TOTAL = 0.32 students
Under the proposed Institutional (I) future land use and zoning designations, demand for public
school facilities would not be generated by the subject property. Future use of the property will
not result in new residential development; therefore, impacts to public school facilities are not
anticipated.
Recommended Conclusions of Law
Based upon the findings of fact, it its determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on Gulf to Bay
Boulevard. There is a minimal impact to potable water, wastewater and solid waste service as
City facilities have adequate capacity to accommodate the maximum demand generated by the
proposed amendment. Furthermore, parkland, recreation facilities, public school facilities and
mass transit will not be affected by the proposed amendment.
Attachment number 7
Page 6 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 7 of 8
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V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact
There are no apparent wetlands on the subject property, which is currently undeveloped and
covered by predominantly turf grass.
Recommended Conclusions of Law
Based on current information, there are no wetlands on the subject property. The intent of the
owner is to use the property in the future for a church support use. Any future development of
the property would require compliance with all applicable regulations, including the City’s tree
preservation and stormwater management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed Institutional (I) zoning district boundary is consistent with the
boundary of the subject parcel, which is rectangular in configuration. The proposed Institutional
(I) District is compatible with the surrounding institutional and nonconforming residential uses.
The location of the proposed Institutional (I) zoning district boundaries are is logical and
consolidates the subject property into the appropriate zoning district. The proposed zoning
district is compatible with adjacent Institutional (I) zoning to the immediate north, west and
southeast.
Recommended Conclusions of Law
The proposed Institutional (I) zoning district boundaries are appropriately drawn in regard to
location and classifications of streets, property ownership, existing improvements and the natural
environment.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Section 4-602.F.1]
The proposed Institutional (I) future land use category permits a floor area ratio of 0.65 while the
existing Residential Urban (RU) category permits less intensive floor area ratio of 0.40. The
subject property is part of a larger parcel that meets the minimum lot area of 20,000 square feet
and lot width of 100 feet required for minimum standard uses in the Institutional (I) zoning
district. Any development of the property that does not meet minimum standard requirements
will be subject to the use criteria in the Flexible Standard Development process or Flexible
Development process.
SUMMARY AND RECOMMENDATIONS
The request for amendment to the Future Land Use Map involves a change from the Residential
Urban (RU) future land use categories to the Institutional (I) future land use category. The
request also includes a rezoning from the Low Medium Density Residential (LMDR) District to
the Institutional (I) District. The subject property is vacant (undeveloped) and is surrounded by
institutional and nonconforming residential uses and vacant land. The proposed amendment is
Attachment number 7
Page 7 of 8
Community Development Board – July 20, 2010 - Case LUZ2010-05001 - Page 8 of 8
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Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft_071410.docx
compatible with surrounding properties and the neighborhood.
The proposed amendment is consistent with the goals, objectives and policies of the Clearwater
Comprehensive Plan. The proposed change is compatible with the low intensity uses in the
surrounding area and consolidates the applicant’s property holdings under the appropriate land
use designations. Furthermore, the proposed amendment meets the purpose and locational
criteria for the Institutional (I) future land use category in the Countywide Plan Rules.
Approval of the subject land use plan amendment does not guarantee the right to develop the
subject property. The property owner must comply with all laws and ordinances in effect at the
time development permits are requested, including transportation concurrency provisions of the
city’s Concurrency Management System.
Based on the foregoing, the Planning & Development Department recommends the following
action:
ACTION:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Residential Urban (RU) classification to the Institutional (I) classification and rezoning from
the Low Medium Density Residential (LMDR) District to the Institutional (I) District.
Prepared by Planning & Development Department staff: _______________________________
Tammy Vrana, AICP
Long Range Planning Manager
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity Future
Land Use Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
Attachment number 7
Page 8 of 8
Ordinance No.8193 -10
ORDINANCE NO. 8193 -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 AT THE NORTHEAST CORNER OF VIRGINIA
AVENUE AND MEADOW LARK LANE APPROXIMATELY 335
FEET EAST OF BAYVIEW AVENUE, SOUTH OF 110 NORTH
MCMULLEN BOOTH ROAD (FIRST BAPTIST CHURCH OF
CLEARWATER, INC. A/K/A CALVARY BAPTIST CHURCH),
CONSISTING OF A PORTION OF SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, INCLUDING A PORTION OF LAND
LYING NORTH OF LOTS 1 THROUGH 6 BLOCK 1, AND LOTS 1
THROUGH 6 BLOCK 2, BAYVIEW CITY SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 110 MCMULLEN BOOTH ROAD,
FROM RESIDENTIAL URBAN (RU) TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See Exhibit “A” From: Residential Urban (RU)
To: Institutional (I)
(LUZ2010-05001)
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 _____________________
Attachment number 8
Page 1 of 2
Ordinance No.8193 -10
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 8
Page 2 of 2
Ordinance No. 8194-10
ORDINANCE NO. 8194-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF VIRGINIA AVENUE AND
MEADOWLARK LANE APPROXIMATELY 335 FEET EAST
OF BAYVIEW AVENUE, SOUTH OF 110 NORTH
MCMULLEN BOOTH ROAD (FIRST BAPTIST CHURCH OF
CLEARWATER, INC A/K/A CALVARY BAPTIST CHURCH),
CONSISTING OF A PORTION OF SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, INCLUDING A
PORTION OF LAND LYING NORTH OF LOTS 1
THROUGH 6 BLOCK 1, AND LOTS 1 THROUGH 6 BLOCK
2, BAYVIEW 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 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
See Exhibit “A” From: Low Medium
Density Residential
(LMDR)
To: Institutional (I)
(LUZ2010-05001)
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.
Attachment number 9
Page 1 of 2
Ordinance No. 8194-10
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 9
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage
Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open
Space (R/OS), and Water/Drainage Feature Categories and the Zoning Atlas Amendment from the Institutional (I), Commercial (C),
Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P),
and Open Space/Recreation (OS/R) Districts,for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16,
Township 29 South, Range 16 East)and pass Ordinances 8197-10 and 8918-10 on first reading and approve a Development Agreement
for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and adopt Resolution 10-18.
(LUZ2010-06002 and DVA2010-06001)
SUMMARY:
The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard
approximately 900 feet east of Bayshore Boulevard. The applicant is requesting to amend the Future Land Use Plan Map designation
for the parcels from Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space
(R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and
Water/Drainage Feature and to rezone it from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR),
and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts in
order to expand the existing college and to make certain land use and zoning designations consistent with the actual characteristics of
the area.
The proposed Institutional (I) future land use category would permit up to 331 dwelling units (993 dormitory beds) or a maximum of
751,736 square feet of nonresidential floor area; however, the college is comprised of residential and nonresidential space so a mixed-
use calculation is required. The applicant is proposing to limit the residential density to 750 dormitory beds and the nonresidential
intensity to 170,000 square feet of classrooms and administrative facilities through a development agreement ( DVA2010-06002).
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 application are consistent with the Comprehensive Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
Based on the proposed mitigation plan, the applications will not have a negative impact on the natural environment.
In accordance with the Countywide Plan Rules, the future 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. Due to the size of the plan amendment
site and the density allowed in the Institutional Plan Category, review and approval by the Florida Department of Community Affairs is
also required.
The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan
amendment. The Development Agreement proposes dividing the total property into two areas, a Mitigation Area (98.99 acres) and a
Master Plan Area (32.06 acres). The proposed agreement includes a conceptual Master Plan limiting residential density to 750
dormitory beds and nonresidential density to 170,000 square feet (0.149 floor area ratio), a Mitigation Plan, and an easement for access
to Coopers Point Nature Park. The Mitigation Plan requires upgrades to the entire site’s stormwater facilities within the Master Plan
Area, application for approval of a Mitigation Bank, a conservation easement over the Mitigation Area, and establishes boundary
change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary
line as depicted on the Master Plan.
The Planning Department has determined that the proposed Development Agreement is consistent with the City’s Comprehensive
Plan. Please refer to the attached development agreement (DVA2004-00004) staff report for the complete analysis.
Cover Memo
The Community Development Board will review the proposed amendments at a specially scheduled meeting on August 3, 2010 and
make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council
meeting.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 LOCATION.docx
LOCATION MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres):
131.05
Land Use Zoning
PIN:
16-29-16-00000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100
From :
To:
I, CG, P, R/OS, I, C, P, & OS/R
RL & Water/Drainage Feature
I, P, R/OS, & Water/Drainage I, P, & OS/R
Feature Atlas Page: 292B
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
College\Maps\Revised Submittal - Used for CDB\LUZ20 10-06002 AERIAL.docx
AERIAL MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning
PIN:
16-29-16 -00000-120-0100
16-29-16 -00000-140-0100
16-29-16 -00000-130-0200
16-29-16 -00000-110-0100
From :
To:
I, CG, P, R/OS, I, C, P, & OS/R
RL & Water/Drainage Feature
I, P, R/OS, & Water/Drainage I, P, & OS/R
Feature Atlas Page: 292B
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU BEFORE.docx
CURRENT FUTURE LAND USE MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning
PIN:
16-29-16-00000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100 From :
To:
I, CG, P, R/OS, I, C, P, & R/OS
RL & Water/Drainage Feature
I, P, R/OS, & Water/Drainage I, P, & R/OS
Feature Atlas Page: 292B
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College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU AFTER.docx
PROPOSED FUTURE LAND USE MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning
PIN:
16-29-16-00000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100
From :
To:
I, CG, P, R/OS, I, C, P, & OS/R
RL & Water/Drainage Feature
I, P, R/OS, & Water/Drainage I, P, & OS/R
Feature Atlas Page: 292B
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College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 ZONE BEFORE.docx
CURRENT ZONING MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning
PIN:
16-29-16-00000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100 From :
To:
I, CG, P, R/OS, I, C, P, & OS/R
RL & Water/Drainage Feature
I, P, R/OS, & Water/drainage I, P, & OS/R
Feature Atlas Page: 292B
OS/R
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 ZONE AFTER.docx
PROPOSED ZONING MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning
PIN:
16-29-16-00000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100
From :
To:
I, CG, P, R/OS, I, C, P, & OS/R
RL & Water/Drainage Feature
I, P, R/OS, & Water/Drainage I, P, & OS/R
Feature Atlas Page: 292B
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OS/R
OS/R LDR
OS/R
OS/R
OS/R
LDR
OS/R
OS/R
OS/R
PCOURTNEY CAMPBELL CSWY
DREW ST
BAY LN
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian
College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 EXIST.docx
EXISTING SURROUNDING USES MAP
Owners: Clearwater Christian College Case: LUZ2010-06002 &
DVA2010-06001
Site: 3400 Gulf-to-Bay Boulevard Property
Size(Acres): 131.05
Land Use Zoning
PIN:
16-29-16-00000-120-0100
16-29-16-00000-140-0100
16-29-16-00000-130-0200
16-29-16-00000-110-0100
From :
To:
I, CG, P, R/OS, I, C, P, & OS/R
RL & Water/Drainage Feature
I, P, R/OS, & Water/Drainage I, P, & OS/R
Feature Atlas Page: 292B
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Preservation / Wetlands
College and
Associated
Facilities
Preservation / Wetlands
Preservation / Wetlands
Tampa Bay
Visitors
Center
Vacant &
FDOT
Attachment number 1
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LUZ2010-06002 & DVA2010-06001
Clearwater Christian College
3400 Gulf-to-Bay Boulevard
Page 1 of 3
1. View looking north from Gulf-to-Bay Blvd at subject
property
4. View looking north across existing athletics fields towards
Preservation area.
3. Representative buildings on subject property.
2. View looking south from Gulf-to-Bay Blvd
.
5. View looking west from existing parking lot on subject
property towards Preservation area.
6. View looking north from existing parking lot on subject
property towards Preservation area.
LUZ2010-06002 & DVA2010-06001
Clearwater Christian College
3400 Gulf-to-Bay Boulevard
Page 2 of 3
7. View looking north along BayshoreDrive at typical single
family housing located across BayshoreDrive from subject
property Preservation area
10. View looking east from BayshoreDrive at subject property
Preservation area
9. View looking east from BayshoreDrive at Downing Street
at subject property Preservation area
8. View looking north along BayshoreDrive at typical multi-
family housing located across BayshoreDrive from subject
property Preservation area
.
LUZ2010-06002 & DVA2010-06001
Clearwater Christian College
3400 Gulf-to-Bay Boulevard
Page 3 of 3
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BAYSHORE BLVD
BAYSHORE BLVD
D A M A S C U S R D
D A M A S C U S R D
COURTNEY CAMPBELL CSWY COURTNEY CAMPBELL CSWY
DREW ST DREW ST
K ST
K ST
BAY LN BAY LN
DOWNING ST DOWNING ST
JOHNS PKWY JOHNS PKWY
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Location Map for site photographs (pages 1-2).
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Community Development Board – August 3, 2010
DVA2010-06001 – Page 1 of 5
CDB Meeting Date: August 3, 2010
Case Number: DVA2010-06001 (Related to LUZ2010-06002)
Agenda Item: C.2. (Related to C.1.)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Representative: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP
Address: 3400 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 Clearwater Christian College
Private School, Inc. (the property owner) and the City of
Clearwater as per Community Development Code Section 4-606.
CURRENT/PROPOSED
ZONING DISTRICTS:
Current: Institutional (I), Commercial (C), Open
Space/Recreation (OS/R), and Preservation (P)
Districts
Proposed: Institutional (I), Open Space/Recreation (OS/R), and
Preservation (P)
CURRENT/PROPOSED
FUTURE LAND USE
MAP CATEGORIES:
Current:
Institutional (I), Commercial General (CG),
Preservation (P), Recreation/Open Space (R/OS),
Residential Low (RL), and Water/Drainage Feature
Proposed: Institutional (I), Preservation (P), Recreation/Open
Space (R/OS), and Water/Drainage Feature
PROPERTY USE: Current: Educational Facilities uses
Proposed: Educational Facilities uses of up to 170,000 square feet
of nonresidential floor area (0.149 Floor Area Ratio)
and up to 750 Dormitory Beds/Residents (12.5 dwelling
units per acre) at a maximum height of 50 feet
EXISTING
SURROUNDING
ZONING AND USES:
North: Preservation (P) and Open Space/Recreation (OS/R)
Districts
Open Space and Wetlands
South: Preservation (P) and Open Space/Recreation (OS/R)
Districts
Tourist Information, Causeway and Tampa Bay
East: Preservation (P) and Open Space/Recreation (OS/R)
Open Space and Tampa Bay
West: Low Medium Density Residential (LMDR), Medium
Density Residential (MDR), Mobile Home Park
(MHP), and Commercial (C)
Residential uses, Governmental use, and Vacant
Attachment number 3
Page 1 of 5
Community Development Board – August 3, 2010
DVA2010-06001 – Page 2 of 5
ANALYSIS:
Site Location and Existing Conditions:
The 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore
Boulevard. The subject property is developed with the Clearwater Christian College. The
subject property has approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent
to Florida Department of Transportation (FDOT) right-of-way and approximately 1,670 feet of
frontage along Bayshore Boulevard.
Properties to the north and east of the subject property are zoned Preservation (P) and Open
Space/Recreation (OS/R) districts and are primarily wetlands and open space comprising
Coopers Bayou and Tampa Bay. Properties to the south are zoned Open Space/Recreation
(OS/R) and Preservation (P) districts. This land includes the Clearwater Visitors Center, the
Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and associated FDOT right-of-way.
Across Gulf-to-Bay Boulevard is Tampa Bay. The adjacent property to the southwest is zoned
Commercial (C) District. One lot is developed with a FDOT office, and the others are vacant.
Properties to the west across Bayshore Boulevard are zoned Low Medium Density Residential
(LMDR), Medium Density Residential (MDR), and Mobile Home Park (MHP) Districts and are
developed with attached and detached dwellings.
Development Proposal:
There is a companion application to amend the Future Land Use Map categories for the subject
properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open
Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I),
Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to
rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), and
Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R), and Preservation (P)
districts (LUZ2010-06002). This Future Land Use Map amendment would expand the portion of
the property designated Institutional (I) and appropriately designate areas within the College
property where the future land use designation and zoning are inconsistent with the surrounding
areas or the actual use of the property.
The development proposal divides the subject site into two areas, a Master Plan Area (32.06
acres) and a Mitigation Area (98.99 acres). The Master Plan Area consists of the proposed
Institutional (I), Preservation (P) and Recreation/Open Space (R/OS) land use designations.
Development would be concentrated within the proposed Institutional (I) area and shall be in
substantial conformance with the proposed Master Plan. The Master Plan depicts proposed
locations for additional athletics fields and reconfigured parking as well as expansion of the
college’s residential dormitories and administrative space. The Mitigation Area would be
designated Preservation (P), Water/Drainage Feature, and Recreation/Open Space on the future
land use map. There would be no development potential within the Mitigation Area because of a
conservation easement, to be granted in perpetuity.
Development Agreement:
The proposed Institutional (I) Future Land Use Map category for the portion of the subject
property developed by the college and where future expansion is proposed would permit a
maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per acre.
The purpose of this Development Agreement is to establish a Master Plan and Mitigation Plan
Attachment number 3
Page 2 of 5
Community Development Board – August 3, 2010
DVA2010-06001 – Page 3 of 5
for the Clearwater Christian College that serves as a mechanism to conceptually plan for the
campus expansion and acknowledging the wetland impacts that would occur.
Based on the proposed Institutional (I) lot area (1,156,518 square feet; 26.55 acres) and the
maximum FAR, an institutional use could be developed with a maximum of 751,736 square feet
of nonresidential floor area; however, the college is comprised of residential (dorms) and
nonresidential (classrooms and administrative offices) space so a mixed-use calculation is
required. The Development Agreement proposes a maximum of 170,000 square feet of
nonresidential floor area. Based on the allowable FAR of 0.65, a total of 261,540 square feet of
land is need to support these uses. The remainder of the Institutional (I) area (894,978 square
feet or 20.54 acres), could be developed with a maximum of 256 dwelling units or 768 dormitory
beds (3 beds is the equivalent of 1 dwelling unit). The Development Agreement proposes a
maximum of 750 dormitory beds.
The proposed Development Agreement will be in effect for a period not to exceed twenty (20)
years and includes the following main provisions:
Is not effective until final approval and effectiveness of the amendment of the future land
use map categories and rezonings under LUZ2010-06002;
Requires the Developer to seek approval from the appropriate state and federal agencies
(Southwest Florida Water Management District, Florida Department of Environmental
Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the
Mitigation Plan Area prior to the issuance of land clearing and building permits;
Is not effective until final approval of the wetland Mitigation Plan in the Mitigation Bank
Area by the U.S. Army Corps of Engineers;
In the event final approvals of the Future Land Use Map categories, rezonings, or
Mitigation Plan are not satisfied within twelve (12) months, the City and Developer agree
to terminate this agreement;
Sets out the Developer’s transportation obligations, including:
• Dedication of perpetual easement of approximately 1.01 acres for ingress/egress to
Coopers point Bayou property adjacent to Master Plan Area;
• Construction of the Coopers Point Access in conjunction with the construction of
the Master Plan;
Requires that all improvements be constructed, if at all, pursuant to the Master Plan;
Establishes boundary change procedures in the event that the agency permitting process
results in changes to the proposed wetland jurisdictional boundary line as depicted on the
Master Plan;
Requires developer to obtain and maintain any approvals and permits necessary from the
United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation
Attachment number 3
Page 3 of 5
Community Development Board – August 3, 2010
DVA2010-06001 – Page 4 of 5
Commission ("FWC"), including any required FWC permit for the construction near an
active eagle nest;
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 July 1, 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 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of
Bayshore Boulevard;
2. That there is a companion application to amend the Future Land Use Map categories for the
subject properties from Institutional (I), Commercial General (CG), Preservation (P),
Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature
categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and
Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial
(C), Open Space/Recreation (OS/R), and Preservation (P) districts to Institutional (I), Open
Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002);
3. That the proposed Institutional (I) Future Land Use Map category portion of the subject
property developed by the college and where future expansion is proposed permits a
maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per
acre;
4. That the purpose of this Development Agreement is to establish a Master Plan and Mitigation
Plan for the Clearwater Christian College; and
5. That a procedure is established for boundary changes that may be required in the event that
the agency permitting process results in changes to the proposed wetland jurisdictional
boundary line as depicted on the Master Site Plan.
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 proposal
(FLD2010-06001);
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.
Attachment number 3
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Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
Clearwater Christian College Private School, Inc. (the property owner) and the City of
Clearwater as per Community Development Code Section 4-606, for the property at 3400 Gulf-
to-Bay Boulevard.
Prepared by Planning and Development Department Staff:
__________________________________________
Lauren Matzke, AICP, Planner III
ATTACHMENTS:
Development Agreement with Exhibits
Staff Resume
Location Map
Aerial Map
Current Future Land Use Map
Proposed Future Land Use Map
Current Zoning Map
Proposed Zoning Map
S:\Planning Department\C D B\Development Agreements (DVA)\DVA2010-06001 - Gulf to Bay 3400 (I - Proposed + P - proposed) 2010.07
DRC - LKM\DVA2010-06001 Gulf to Bay 3400 DVA Staff Report for 8 3 10 CDB.docx
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CDB Meeting Date: August 3, 2010
Case Number: LUZ2010-06002 (Related to DVA2010-06001)
Owner/Applicant: Clearwater Christian College Private School, Inc.
Address: 3400 Gulf-to-Bay Boulevard
Agenda Item: C-1 (Related to C.2.)
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Plan amendment from the Institutional (I),
Commercial General (CG), Preservation (P),
Recreation/Open Space (R/OS), Residential Low (RL) and
Water/Drainage Feature classifications to the Institutional
(I), Preservation (P), Recreation/Open Space (R/OS) and
Water/Drainage Feature classifications; and
(b) Rezoning from the Institutional (I), Commercial (C),
Preservation (P), Low Density Residential (LDR) and Open
Space/Recreation (OS/R) districts to the Institutional (I),
Preservation (P), and Open Space/Recreation (OS/R)
districts.
SITE INFORMATION
Property Size: 5,708,538 square feet or 131.05 acres
Property Use: Current Use: College
Proposed Use: College
Plan Category: Current Categories: Institutional (I)
Commercial General (CG)
Preservation (P)
Recreation/Open Space (R/OS)
Residential Low (RL)
Water/Drainage Feature
Proposed Categories: Institutional (I)
Preservation (P)
Recreation/Open Space (R/OS)
Water/Drainage Feature
Zoning District: Current Districts: Institutional (I)
Commercial (C)
Preservation (P)
Low Density Residential (LDR)
Open Space/Recreation (OS/R)
Proposed Districts: Institutional (I)
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Preservation (P)
Open Space/Recreation (OS/R)
Existing
Surrounding Uses: North: Wetlands
South: Visitors Center, Causeway, Tampa Bay
East: Open Space, Wetlands, Tampa Bay
West: Single and Multi-Family Residential, Vacant,
FDOT Office
ANALYSIS:
The proposed amendment involves four parcels of land, comprising approximately 131.05 acres,
located north of Gulf-to-Bay Boulevard east of Bayshore Drive. The amendment request is to
amend the future land use and zoning designations on approximately 13.35 acres of the subject
property from the current Institutional (I), Preservation (P), Recreation/Open Space (R/OS),
Commercial General (CG), Water/Drainage Feature and Residential Low (RL) future land use
categories to the Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and
Water/Drainage Feature future land use categories and from the Institutional (I), Commercial
(C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R)
zoning districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R)
districts.
The subject property contains areas where the future land use and zoning designations are not
consistent with the actual characteristics of the area. The City submitted administrative future
land use map changes to the Pinellas Planning Council consistent with the Countywide Rules to
change 4.05 acres of the subject property from Preservation (P) to Institutional (I) based on the
current jurisdictional wetland line. These areas were uplands already developed with buildings,
paved roads, a soccer field and a retention pond. The Countywide Planning Authority (CPA)
approved this change on July 13, 2010. Other Preservation (P) areas that are inaccurately
designated Commercial General (CG) and Residential Low (RL) are being addressed within this
amendment.
This amendment increases land designated Institutional (I) on the Future Land Use Map in order
to accommodate growth of the college that currently owns and operates on the property. A
development agreement has been submitted that establishes a master plan for the developed
portion of the property, which resides within the proposed boundaries of the Institutional (I) land
use category, and limits residential and nonresidential density (Case No. DVA2010-06001). The
development agreement proposes dividing the subject property into two areas, a Mitigation Area
(98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06 acres or 1,396,533 square
feet). No development would be allowed outside the boundaries of the Master Plan Area.
The applicant has developed a Mitigation Plan as part of the accompanying development
agreement which addresses the objectives of hydrologic restoration and habitat enhancement.
This plan will require approval by the U.S. Army Corps of Engineers and the Southwest Florida
Water Management District (SWFWMD). Activities proposed include removal of Brazilian
pepper, creation of a hydraulic connection under Damascus Road to improve tidal exchange,
improvement to tidal systems to improve water circulation, and habitat restoration for areas
impacted by mosquito ditching. The applicant will address these objectives and place a
conservation easement on the Mitigation Area (98.99 acres) in perpetuity.
In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use
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map amendment is subject to approval by the Pinellas Planning Council and Board of County
Commissioners acting as the Countywide Planning Authority. Based on the requested density,
review and approval by the Florida Department of Community Affairs is required.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-602.F.1
and 4-603.F.1]
Recommended Findings of Fact
The following objective and policies of the Clearwater Comprehensive Plan are supportive of
the proposed land use plan amendment. Only those policies determined to be most relevant to
this case have been included.
Wetlands Protection Goals, Objectives and Policies:
GOAL A.1 The City of Clearwater shall continue to protect natural resources and systems
throughout the city and ensure that these resources are successfully integrated into the urban
environment through land development regulations, management programs, and coordination
with future land use intensities and categories.
Objective A.1.1 On an ongoing basis, natural resources and systems shall be protected through
the application of local, state, and regional regulations, mitigation and management plans, and
permitting procedures as well as through locally instituted land purchase programs focusing on
environmentally sensitive properties and significant open space areas.
Policy A.1.1.1 Any permanent and temporary alteration of Department of Environmental
Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, the jurisdictional
wetlands of the Southwest Florida Water Management District (SWFWMD), beach
dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is
fully consistent with all local, state, and federal regulations, mitigation and management
plans, and permitting procedures that may be applicable, including the wetland vegetative
buffer requirement of the City’s Community Development Code
Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of
Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the
Southwest Florida Water Management District (SWFWMD) shall be designated by
“Preservation” (P) zoning and prevented from being built upon except as permitted by the
Preservation Zoning District.
Policy A.1.1.8 Mitigation plans for alteration of non-jurisdictional wetlands, beach dunes,
swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall
require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the
Engineering Department and/or City Council, and in coordination with the Southwest
Florida Water Management District (SWFWMD).
Objective D.3.3 Lower high water profiles during storm events, as necessary, to reduce house
flooding occurrences and to lessen the resulting adverse effects on public health, the natural
environment, public and private property.
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Policy D.3.3.6 Limit development that will result in building(s) constructed within/or
over stormwater retention/detention ponds, streams or channels. All wetlands, streams,
channels, or other hydrologic features, whether wetlands, ponds or bodies of water
having intrinsic hydrologic, biologic and zoological functions with no distinction made in
regard to its status to whether it is man-made or natural shall be considered for a
Preservation Land Use Plan classification to ensure protection from development.
Policy D.3.3.8 Continue the established requirement of a twenty-five foot setback from
the tops of a bank from all wetlands whether natural or man-made, and require minimum
finished floor elevations in areas adjacent to lakes, bays, creeks, the Gulf of Mexico,
Tampa Bay and Old Tampa Bay, and other flood prone areas.
Objective D.3.5 Protect and enhance the quality of receiving waters by the use of “Best
Management Practices” in accordance with the adopted watershed management plans.
Policy D.3.5.2 Vegetated swales, sodding, and appropriate landscaping will be required
as components of the drainage system for natural filtration before final discharge into
receiving waters.
Policy D.3.5.6 Continue to identify impaired bodies of water and prioritize them for
improvement and enhancement.
GOAL E.2 Management of Clearwater’s coastal resources shall prohibit activities that would
damage or destroy the natural or built environment, or threaten human life die to hurricane
hazards, and shall promote activities that enhance the natural and built environment.
Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife
habitats to maintain or increase the acreage for threatened and endangered species populations.
Policy E.2.1.1 Restoration and enhancement of disturbed or degraded estuaries identified
by the Surface Water Improvement and Management (SWIM) program shall be
accomplished by strict regulation of proposed impacts to wetlands and by controls on the
operation and installation of marinas and other water-dependent uses.
Policy E.2.1.2 Development applications shall be reviewed to ensure that proposed new
development or redevelopment will not encroach on or remove wetlands or beaches. New
development and redevelopment shall be guided away from environmentally sensitive
areas and into those most able to withstand impacts.
Policy E.2.1.8 Future land uses which are incompatible with the protection and
conservation of wetlands and wetland functions shall be directed away from wetlands.
Policy E.2.1.9 The type, intensity or density, extent, distribution and location of
allowable land uses and the types, values, functions, sizes, conditions and locations of
wetlands are land use factors, which shall be considered when directing incompatible
land use away from wetlands.
Policy E.2.1.10 Land uses shall be distributed in a manner that minimizes the effect and
impact on wetlands. The protection and conservation of wetlands by the direction of
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incompatible land uses away from wetlands shall occur in combination with other goals,
objectives and policies in the comprehensive plan. Where incompatible land uses are
allowed to occur, mitigation shall be considered as one means to compensate for loss of
wetlands functions.
Objective F.1.5 The City shall continue to maintain the wetland inventory of 760 acres as
identified in the City’s 2005 Wetlands Survey.
Policy F.1.5.1 Wetlands shall not be dredged and filled or disturbed in any manner other
than by natural phenomenon and their natural functions shall be protected, except through
the implementation of State or City mitigation standards.
Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas
whether publicly or privately owned, by utilizing assessments and authority provided by
the Florida Department of Environmental (FDEP), the Southwest Florida Water
Management District (SWFWMD), Pinellas County and the Army Corps of Engineer.
Policy F.1.5.4 The City shall within the limits of state legislation protect all mangrove
species from disturbance and/or destruction and to provide public awareness of mangrove
resources and their importance and value to the food chain of marine life through the
strict enforcement of the City tree protection ordinance.
Objective G.1.4 Preserve natural open space areas which constitute aesthetic, and/or ecological
community assets.
Policy G.1.4.3 Continue to designate appropriate land “Preservation” and
“Recreation/Open Space” in the Future Land Use Plan whenever feasible.
Policy G.1.4.4 Preserve coastal and interior wetlands, floodways, floodplains, and other
environmentally significant areas to protect their aesthetic and environmental qualities
which benefit the City.
Stormwater Goals, Objectives and Policies:
Policy A.1.1.5 Stormwater shall be controlled through consistent application of local,
state, and federal regulations, mitigation and management plans, and permitting
procedures for both site-specific and basin-level development plans.
GOAL D.3 Provide the most cost effective and efficient provision of stormwater management
including the improvement and enhancement of stormwater quality discharging into local
receiving waters, and provide maximum practical protection to persons, property and the natural
environment.
Objective D.3.2 The City of Clearwater shall continue to develop watershed management plans
which should seek to identify, evaluate and implement the most cost effective and cost efficient
programs for stormwater management, including stormwater quantity and quality. These plans
should also address any projects included in the Pinellas County Surface Water Management
Plan for the implementation of all stormwater management, as well as recommended funding
sources.
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Policy D.3.2.3 All stormwater management improvements should seek to meet applicable
goals, guidelines, and regulations established to provide flood protection and pollution
abatement.
Policy E.2.1.4 The City shall work toward reducing the existing quantity and improving
the quality of stormwater runoff to estuarine and surface water bodies by ensuring that
development and redevelopment adheres to the treatment standards set forth in State
Water Policy, and complies with the retention and treatment requirements of Chapter 62-
25 F.A.C., the Environmental Resource Permitting Rules 40D-4, 40D-40, 40D-400,
F.A.C. of the Southwest Florida Water Management District (SWFWMD) and with any
more stringent local regulations.
Objective E.2.3 Clearwater Harbor and Tampa Bay are designated Outstanding Florida Waters
and are under a non-degradation rule. Clearwater will continue to manage stormwater runoff and
control erosion during construction to reduce waterborne sediments. As additional initiatives are
approved under the SWIM program, they will be considered for inclusion in the Community
Development Code.
Policy E.2.3.1 Restoration and enhancement of disturbed or degraded drainage systems
shall be implemented by upstream detention of stormwater, maintenance of existing
drainage channels, widening of bridges, culverts and other stormwater conveyance
structures.
Objective F.2.1 The City shall continue to protect, improve and enhance surface waters from
stormwater runoff discharging into both interior and coastal surface waters.
Policy F.2.1.5 Management plans shall be developed for waterbodies with known or
suspected water quality problems in the City to include Tampa Bay, Clearwater Harbor,
Stevenson Creek, Allen's Creek, and Alligator Creek.
Threatened and Endangered Species Objectives and Policies:
GOAL E.2 Management of Clearwater’s coastal resources shall prohibit activities that would
damage or destroy the natural or built environment, or threaten human life die to hurricane
hazards, and shall promote activities that enhance the natural and built environment.
Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife
habitats to maintain or increase the acreage for threatened and endangered species populations.
F.1.3 Objective The City shall continue to maintain and enhance the City's wildlife and natural
native vegetation resources.
Policy F.1.3.1 Prohibit destruction and disturbance of all conservation land uses to
protect wildlife and plants especially those that are threatened or endangered species.
This policy shall include known, professional wildlife management and habitat
restoration techniques.
Coastal Storm Area Objectives and Policies:
Objective A.1.2 Population densities in the coastal storm areas are restricted to the maximum
density allowed by the Countywide Future Land Use Designation of the property, except for
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specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, in which case densities identified in Beach by Design shall govern. All
densities in the coastal storm area shall be consistent with the Pinellas County Comprehensive
Emergency Management Plan and the Regional Hurricane Evacuation Study.
Policy A.1.2.2 Continue to cooperate with the Tampa Bay Regional Planning Council and
Pinellas County to meet the regional objectives for evacuation of permanent populations as well
as other emergency concerns.
Recommended Conclusions of Law
Although this application requests a change to the future land use map for lands currently
designated Preservation (P) which would impact existing wetlands, the proposed Mitigation
Plan, if approved by the U.S. Army Corps of Engineers and the Southwest Florida Water
Management District, will enhance existing, surrounding wetlands resulting in a net increase in
higher quality wetlands. All development will be limited to the lands designated Institutional (I),
and the Master Plan included within the proposed development agreement (Case No. DVA2010-
06001) includes a new stormwater management system and buffers between development and
the surrounding wetlands consistent with the City’s Community Development Code. These
additional improvements to the site, coupled with the Mitigation Plan, will enhance the water
flow in the areas surrounding the uplands, consistent with the Comprehensive Plan Goals,
Objectives and Policies.
There is an active eagle nest immediately east of the subject area that is addressed in the
development agreement. Any development or construction activities related to this land use
change must comply with the state’s Bald Eagle Management Plan and any additional
regulations of the Florida Fish and Wildlife Conservation Commission.
The proposed land use change results in an increase in allowed residential density; however, this
density is limited by the development agreement to a maximum of 750 temporary residents
(dormitories). The development agreement also requires that a hurricane evacuation plan,
approved by the City, be developed in accordance with the Tampa Bay Regional Planning
Council recommendations for evacuation of a student population and include in its published
Safety Manual.
II. CONSISTENCY WITH COUNTYWIDE PLAN RULES
Recommended Findings of Fact
Proposed future land use categories on the subject property will include Institutional (I),
Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature. The developed
areas will be designated Institutional (I) and the remaining areas will be designated Preservation
(P), Recreation/Open Space (R/OS) and Water/Drainage Feature. Two land use categories,
Residential Low (RL) and Commercial General (CG), are being removed from the property as
these areas are primarily preservation areas that are inaccurately designated and will therefore be
more appropriately assigned to be consistent with the Countywide Rules as discussed below.
The purpose of the existing and 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
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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
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 existing college and support
uses meet the intent of the Institutional (I) category.
The purpose of the existing and proposed Recreation / Open Space (R/OS) category as specified
in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the county that are now
used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the
significance of providing open space and recreational areas as part of the overall land use plan.
This category is generally appropriate to those public and private open spaces and recreational
facilities dispersed throughout the county; and in recognition of the natural and man-made
conditions which contribute to the active and passive open space character and recreation use of
such locations. There will be a net increase of 0.24 acres in the Recreation / Open Space (R/OS)
category, primarily at the northwest portion of the site along Bayshore Boulevard that is
currently designated Residential Low (RL).
The purpose of the existing and proposed Preservation (P) category as specified in Section
2.3.3.7.1 of the Countywide Rules, is to depict those areas of the county that are now
characterized, or appropriate to be characterized, as a natural resource feature worthy of
preservation; and to recognize the significance of preserving such major environmental features
and their ecological functions. This category is generally appropriate to those natural resource
features it is designed to recognize wherever they may appear and at a size significant to the
feature being depicted in relationship to its surroundings. In recognition of the natural conditions
which they are intended to preserve, these features will frequently occur in a random and
irregular pattern interposed among other categories.
The purpose of the existing and proposed Water/Drainage Feature category as specified in
Section 2.3.3.9.1 is to depict those water bodies and drainage features now committed to, or
proposed to be recognized for, these respective functions based on their physical characteristics
and use. Water bodies include ocean, estuary, lake, pond, river, stream and drainage detention
areas. Drainage features recognize existing natural and man-made drainage ways and water
bodies, and proposed drainage ways and water bodies, that are part of the Pinellas County Master
Drainage Plan, as subsequently refined through the individual Watershed Management Plans that
are shown in the Stormwater Management Element of the respective local government
Comprehensive Plans, or that are part of an approved site plan or other authorized development
order action of the local government with jurisdiction. This category is designed to reflect water
bodies and drainage features as defined herein and located on the Countywide Plan Map, as same
may be revised from time to time through the map amendment or map adjustment process, and
subject to their actual location on the ground.
The college campus site is located on Tampa Bay and is directly accessible from a main entrance
off the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) which is designated a
Unique/Scenic View Corridor on the Pinellas Planning Council’s Scenic Non-Commercial
Corridor Map. The site is also adjacent to but not accessible from Bayshore Boulevard. The
intent and purpose of the Scenic/Noncommercial Corridor designation is to guide the
preservation and enhancement of scenic qualities, to ensure the integrity of the Countywide Plan
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Map, and to maintain and enhance the traffic operation of these especially significant roadway
corridors in Pinellas County. Properties designated in the Unique/Scenic View subclassification
are characterized by their unique scenic, cultural, recreational or historic resources and typically
classified as Recreation/Open Space (R/OS) or Preservation (P).
The immediate area north of the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) is
characterized by recreation/open space areas including a public beach and the City’s Visitors
Center, wetlands uses, and single and multi-family residential (with allowable densities ranging
between 7.5 units per acre to 15 units per acre) along Bayshore Drive. West of the subject
property are mixed use residential/office/retail uses along Gulf-to-Bay Boulevard.
The subject property contains areas where the future land use and zoning designations are not
consistent with the existing character of the area. Recently, on July 13, 2010, the Countywide
Planning Authority (CPA) approved a request by the City for administrative adjustments to the
Future Land Use Map to change 4.05 acres of the subject property from Preservation (P) to
Institutional (I) based on the current jurisdictional wetland line. These areas are developed
uplands with existing buildings, paved roads, a soccer field and a retention pond for the college
campus. Other Preservation (P) areas on the subject property that are inaccurately designated
Commercial General (CG) and Residential Low (RL) are being addressed by this amendment.
This amendment increases land designated Institutional (I) on the Future Land Use Map in order
to accommodate expansion of the Clearwater Christian College campus that has existed on this
site and under the ownership of the college since 1967.
The accompanying proposed development agreement for the property establishes a master plan
for the developed portion of the property, consolidated within the proposed expansion of lands
designated Institutional (I) and limits associated with residential and nonresidential density for
the entire subject property (Case No. DVA2010-06001). The development agreement proposes
dividing the subject property into two areas, a Mitigation Area (98.99 acres or 4,312,004 square
feet) and a Master Plan Area (32.06 acres or 1,396,533 square feet), with no development being
allowed outside the boundaries of the Master Plan Area.
In order to mitigate impacts to wetlands in the Preservation (P) category to develop the proposed
Master Plan Area, the applicant proposes to address these objectives within a Mitigation Area
and to place a conservation easement on the Mitigation Area (98.99 acres) in perpetuity.
The request to amend the Future Land Use Map category on portions of the site from
Preservation (P) and Recreation / Open Space (R/OS) 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 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 Institutional (I) category will allow the
extension of a non-residential classification for the expansion of the established college campus
and is consistent with the existing delineation of surrounding categories, and the purpose and
intent of the Scenic/Non-Commercial Corridor Element of the Countywide Plan. The proposed
preservation mitigation areas will enhance the existing wetlands in the Preservation (P) category.
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Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan Rules 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 Rules.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3, and 4-
603.F.6]
Recommended Findings of Fact
The subject property is located on the north side of Gulf-to-Bay Boulevard at the easternmost
edge of the City of Clearwater boundaries. Development on the property is concentrated on the
upland area located in the southeast corner of the site which is currently designated Institutional
(I) and accessed by Damascus Road.
The Courtney Campbell Causeway / Gulf-to-Bay Boulevard is located on the south side of the
property. Area within the subject site is primarily wetlands which continue to the north and east.
To the west across Bayshore Drive are single and multi-family homes with Future Land Use
Map categories of Residential Urban (RU) and Residential Medium (RM) and zoning districts of
Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). The
Residential Urban (RU) category permits 7.5 dwelling units per acre and the Residential Medium
(RM) permits 15 dwelling units per acre. The Low Medium Density Residential (LMDR) and
Medium Density Residential (MDR) zoning districts primarily permit residential uses.
The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre and a
floor area ratio of 0.65 and the proposed Institutional (I) zoning district permits educational
facilities, schools, places of worship and governmental uses. The Preservation (P),
Recreation/Open Space (R/OS), and Water/Drainage Feature future land use categories
surrounding the Institutional (I) area have very limited development potential. The Preservation
(P) and Open Space/Recreation (OS/R) zoning districts allow recreational uses. These less
intensive districts are located adjacent to the residential districts west of the subject property.
Recommended Conclusions of Law
The proposed future land use and zoning designations are in character with the Future Land Use
Map and zoning designations in the area. They are compatible with surrounding uses and are
consistent with the character of the immediate surrounding area.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.4]
Recommended Findings of Fact
The total area of the subject property is 131.05 acres (5,708,538 square feet), of which 82.32
acres (3,585,859 square feet) is designated Preservation (P), 22.87 (996,217 square feet) is
designated Water/Drainage Feature, 19.84 acres (864,230 square feet) is designated Institutional
(I), 3.41 acres (148,539 square feet) is classified Residential Low (RL), 1.05 acres (45,738
Attachment number 4
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square feet) is designated Commercial General (CG), and 1.05 acres (45,738 square feet) is
designated Recreation/Open Space (R/OS) on the Future Land Use Map. An additional 0.56
acres is unclassified right-of-way (Damascas Road). The site is currently developed with
educational facilities, dormitories, athletic fields and parking to support the college.
The future land use and zoning amendment request proposes an increase in the amount of land
designated Institutional (I) on the Future Land Use Map to 26.55 acres (1,156,518 square feet).
A development agreement has been submitted that proposes dividing the total property into two
areas, a Mitigation Area (98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06
acres or 1,396,533 square feet) (Case No. DVA2010-06001). No development will be allowed
outside the boundaries of the Master Plan Area. The proposed Master Plan area includes the
26.55 acres of Institutional (I) as well as some land designated Recreation/Open Space (R/OS)
and Preservation (P) on the Future Land Use Map. Because all current and proposed
development would be located within the Institutional (I) area, for the purposes of the public
facilities analysis, only those land use changes within the boundaries of the proposed
Institutional expansion area will be analyzed. For those land use designations where both
residential and nonresidential development is allowed, the current public facilities demand
analysis will utilize the most intensive use and density allowed.
The Institutional (I) future land use category permits 12.5 dwelling units per acre (residential
equivalent of 3 beds per unit) and a floor area ratio of 0.65. The subject property could yield a
maximum of 243 dwelling units (729 dormitory beds) or 551,556 square feet of nonresidential
floor area in the area currently designated Institutional (I) within the proposed Institutional (I)
expansion area. The Residential Low (RL) future land use category permits 5 dwelling units per
acre and a floor area ratio of 0.40. The portion of the subject property within the Institutional
expansion area designated Residential Low (RL) would allow up to 3 dwelling units (9
dormitory beds) or 12,197 square feet of nonresidential floor area. The Preservation (P) future
land use category permits a floor area ratio of 0.10, which could yield a maximum of 20,778
square feet of nonresidential floor area. The Recreation/Open Space (R/OS) future land use
category permits a floor area ratio of 0.25, which could yield up to 1,307 square feet of
nonresidential floor area within the proposed Institutional (I) expansion area. Water/Drainage
Feature and ROW do not have any development potential associated with the area.
Under the proposed Institutional (I) category, the subject area (26.55 acres total) could yield 331
dwelling units (993 dormitory beds) or a floor area of 751,736 square feet. Because the proposed
development agreement would limit the allowable development within the Master Plan area, and
all development will be within the Institutional expansion area, the public facilities demand
analysis for the proposed changes will be based on these proposed limits, which are up to
170,000 square feet of nonresidential floor area and up to 750 dormitory beds (equivalent of 250
dwelling units).
Roadways
The subject site is proposed to have direct access to Gulf-to-Bay Boulevard. According to the
traffic analysis submitted by the applicant and approved by the City’s Engineering Department,
potential traffic generation will be distributed along Gulf-to-Bay Boulevard in the following
manner: 10% of the trips will be distributed east on Gulf-to-Bay Boulevard and 90% of the trips
will be distributed west on Gulf-to-Bay Boulevard. The traffic analysis submitted by the
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applicant utilizes different segment beginnings and ends than those included within the Pinellas
County Metropolitan Planning Organization Level of Service 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 onto one
single adjacent segment without consideration to direction of traffic, thus presenting the
maximum potential traffic to be generated on the segment by the proposed parcel and related
land use change.
Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based
on the current and proposed Future Land Use Map designations. The table indicates the
maximum potential trips generated by future land use category based on the traffic generation
rates in the Countywide Plan Rules. The table also shows the potential roadway level of service
impacts to Gulf-to-Bay Boulevard under the current and proposed future land use designations.
Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for
reviewing the roadway impacts of proposed Future Land Use Map amendments.
Courtney Campbell Causeway from the Hillsborough County Line to Bayshore Boulevard
currently operates at a level of service F, peak hour according to the Pinellas County
Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the
proposed future land use category would not further degrade the operating level of service, of the
PM peak hour.
Table 1: MAXIMUM POTENTIAL TRAFFIC
(Proposed Institutional (I) area – 26.55 acres)
Gulf-to-Bay Boulevard:
Courtney Campbell Causeway Segment
(Hillsborough County Line to Bayshore Blvd)
Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Maximum Daily Added Potential Trips N/A 3,777 5,098 1,321
Maximum PM Peak Hour Added Potential Trips3 N/A 359 484 125
Roadway Volume 52,000 55,777 57,098 1,321
Roadway Level of Service PM Peak Hour F F4 F4 F4
Adopted Roadway Level of Service Standard D Peak Hour
Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on Pinellas Planning Council (PPC) calculations of 192 trips per acre per day for the Institutional (I) Future Land Use
Category (19.48 acres), 0.3 trips per acre per day for the Preservation (P) Future Land Use Category (4.77 acres), 3 trips per
acre per day for the Recreation/Open Space (R/OS) Future Land Use Category (0.12 acres) and 50 trips per acre per day for
the Residential Low (RL) Future Land Use Category (0.7 acres).
2. Based on PPC calculations of 192 trips per acre per day for the Institutional (I) Future Land Use Category.
3. Based on MPO K-factor of 0.095.
4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip
generation for specific uses allowed in the current and proposed zoning districts based on the
Institute of Transportation Engineer’s (ITE) Trip Generation 8th Edition. The analysis compares
trips generated by the current enrollment of the current use of the subject property (college) to
the proposed maximum enrollment of the current use of the subject property (college) and a
more intensive institutional use allowed within the proposed Institutional District (church).
Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION
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Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Average
Daily Trips
PM Peak
Trips
Average
Rate
PM
Peak
Trips
Net
Change
PM Peak
Trips
EXISTING DESIGNATIONS: “I”, “P”, “OS/R” & “LDR” Zoning districts
( “I”, “P”, “R/OS”, “RL”, and “Water/Drainage Feature” Future Land Use categories)
University/College1
(2.38 trips/student) 575 students3 1,369 N/A 0.21 121 N/A
PROPOSED DESIGNATIONS: “I” Zoning District (“I” Future Land Use Category)
University/College1
(2.38 trips/student)
925 students4 2,202 833 0.21 194 73
Church2
(9.11/1,000 SF GFA) 751,736 SF5 6,848 5,479 0.55 413 292
Notes:
GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A = Not applicable.
1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 550.
2. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 560.
3. Existing enrollment of Clearwater Christian College (2010).
4. Proposed enrollment of Clearwater Christian College.
5. Total gross floor area ratio permitted by the underlying I Future land use map category is 0.65.
Two possible uses were analyzed in the Trip Generation Comparison by Zoning Designation
table. University/College use reflects the current and proposed use of the subject area. Trip
generation rates for University/College uses are based on number of students, not density.
Based on the ITE Trip Generation Manual, this use and the increase in students would result in
an increase of 73 PM Peak trips. Church use was chosen because it is an intensive institutional
use. A church use developed at the maximum intensity in the Institutional (I) District (751,736
square feet) would result in an increase of 292 PM Peak trips on Gulf-to-Bay Boulevard
(Courtney Campbell Causeway). Both of the possible uses analyzed generate additional trips;
however, the Church use scenario analysis is for a greater development potential than the
proposed maximum density being limited by the Development Agreement accompanying this
application.
The traffic impact analysis submitted by the applicant used real time data to develop an accurate
volume count for the adjacent segments of Gulf-to-Bay Boulevard between McMullen Booth
Road and the Clearwater city limits, as well as for the intersections of Gulf-to-Bay Boulevard
and Bayshore Boulevard and Gulf-to-Bay Boulevard and Damascus Road. This study indicates
that the existing roadway levels of service on these segments is D, peak hour, and the signals are
operating at level of service C. The additional trips generated by the proposed changes to the site
will not negatively affect the level of service on Gulf-to-Bay Boulevard and the intersections will
continue to operate at acceptable levels of service.
Mass Transit
The citywide level of service for mass transit will not be affected by the proposed plan
amendment. The total miles of fixed route service will not change. The subject property is
located on a mass transit route.
Potable Water
The current future land use designations could use up to 66,835 gallons of potable water per day.
Under the proposed future land use designation, potable water demand could approach
approximately 82,100 gallons per day, which results in a net increase of 15,265 gallons.
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Wastewater
The current future land use designations could produce up to 59,809 gallons of wastewater per
day. Under the proposed future land use designation, sewer demand could approach
approximately 72,190 gallons per day, which results in a net increase of 12,381 gallons.
Solid Waste
The current future land use designation could generate 988 tons of solid waste per year. Under
the proposed future land use designation, 2,157 tons of solid waste could be generated per year,
or an increase of 1,169 tons.
Recreation and Open Space
The City has sufficient parkland or recreational facility capacity to serve future development
under the proposed amendment. Open Space, Recreation Land and Recreation Facility impact
fees will be required for future development prior to the issuance of a building permit. Impact
fees will be determined as part of the development review process.
Public School Facilities
Based on factors established by the Pinellas County School Board, the current Institutional (I)
plan category (potential of 243 residential units) and Residential Low (RL) plan category
(potential of 3 residential units) could generate the following number of students.
Elementary School: 0.15 students per unit x 246 units = 36.90 students
Middle School: 0.07 students per unit x 246 units = 17.22 students
High School: 0.10 students per unit x 246 units = 24.60 students
TOTAL = 78.72 students
Based on factors established by the Pinellas County School Board, the proposed Institutional (I)
plan category (potential of 331 residential units) could generate the following number of
students.
Elementary School: 0.15 students per unit x 331 units = 46.65 students
Middle School: 0.07 students per unit x 331 units = 23.17 students
High School: 0.10 students per unit x 331 units = 33.10 students
TOTAL= 105.92 students
An increase of 27.2 students could occur as a result of the proposed Future Land Use Map
amendment. The subject property is located within Concurrency Service Area (CSA) C for
elementary and Concurrency Service Area (CSA) C for 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 the proposed
Future Land Use Map amendment will not degrade the existing level of service on Gulf-to-Bay
Boulevard or the operational efficiency of the signalized intersections. There would be increased
demand for potable water, wastewater, and solid waste service, although the increase would not
negatively impact the City’s ability to meet the adopted level of service standards for these
public facilities. Open space and recreation facilities and mass transit will not be affected by the
proposed amendments.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
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Recommended Findings of Fact
The total area of the subject property is 131.05 acres, characterized primarily by wetland habitat
currently designated Preservation (P) and Water/Drainage Feature on the Future Land Use Map
(105.19 acres total). Smaller portions of the wetland area are designated Residential Low (RL)
and Commercial General (CG) which is inconsistent with the physical characteristics of those
areas of the property (4.46 acres total). The proposed map amendments would expand the
existing Institutional (I) area by changing the designation of Preservation (P), Residential Low
(RL), Recreation/Open Space (R/OS), and Water/Drainage Feature to Institutional (I) on the
Future Land Use Map, resulting in 26.55 acres of land designated Institutional (I).
The applicant received approval of a Petition for Formal Determination of Wetlands and Other
Surface Waters from SWFWMD on December 3, 2009, approving their specific purpose wetland
survey depicting location of the upland areas within the property boundaries. Upon approval of
this land use map amendment, the applicant intends to apply for additional changes to the
jurisdictional wetland boundaries in order to accommodate additional development within the
proposed Institutional (I) area. Prior to any development or construction activities on the site,
permits would be required from the appropriate regulatory agencies including the U.S. Army
Corps of Engineers and SWFWMD.
The proposed plans would potentially impact 7.8 acres of habitat, a portion of which is currently
designated Institutional (I) on the Future Land Use Map. The applicant has provided a
Threatened and Endangered Species Report including an analysis of the species of animals and
habitat present within the area proposed to be impacted. Impacted habitat includes black
mangrove forest (2.48 acres), Brazilian pepper/landfill forest (1.75 acres), mixed grasses (1.55
acres), open water (1.11 acres) and small stands of pine and oak within the wetland boundaries.
According to this report, the majority of the areas being impacted are already degraded habitats;
however, 1.55 acres of high marine marsh dominated by specific species of mixed grasses (1.55
acres) is functional habitat that would be impacted by the proposed plans, should they be
permitted by the appropriate regulatory agencies.
The applicant worked to minimize the impact to the high quality Preservation (P) areas, and has
submitted a Mitigation Plan for 99 acres of the wetlands area that would, according to the plan,
restore and enhance the degraded wetland ecosystem. The proposal addresses the objectives of
hydrologic restoration and habitat enhancement through the removal of Brazilian pepper,
restoration of habitat impacted by mosquito ditching, enhancing tidal creek flow, and creating a
hydraulic connection under Damascus Road.
The proposed land use change facilitates the development of a Master Plan for the college. The
accompanying development agreement (Case No. DVA2010-06001) limits any development to
the Institutional (I) area within the Master Plan and includes a new stormwater management
system and buffers between development and the surrounding wetlands consistent with the
Clearwater Community Development Code. A conservation easement would be placed on the
Mitigation Area in perpetuity, further restricting the future development potential within the
subject area.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that although the proposal could result in
limited impacts to wetland habitat surrounding the college, the proposed mitigation strategies
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could improve the overall wetland ecosystem. The applicant will need to receive further
approvals and permits from the appropriate regulatory agencies before any development could
take place. The Mitigation Plan, which would also need to be approved by the U.S. Army Corps
of Engineers and the Southwest Florida Water Management District, would result in a net
increase of higher quality wetlands, while impacts to higher quality habitat is being minimized
by the plan. Any development would require compliance with the City’s tree preservation,
stormwater management, and wetland buffer requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
Due to the development on the subject site being restricted to the southeast portion of the site, the
location of the proposed Institutional (I) boundaries is logical and an appropriate classification.
The district boundaries are appropriately drawn in regard to ownership lines and proposed master
plan and mitigation areas.
The proposed Preservation (P) boundaries will make the zoning designations of some areas
currently zoned Residential Low (RL) and Commercial (C) consistent with the actual
characteristics of the area. The proposed boundaries will continue to maintain an extensive
buffer between the college in the southeast corner of the subject site and the residential uses
approximately 1,800 feet to the west. The district boundaries are appropriately drawn in regard
to ownership lines and proposed master plan and mitigation areas.
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.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Section 4-602.F.1]
The proposed Institutional (I) future land use and zoning designations permit a floor area ratio of
0.65 and a 0.85 impervious surface ratio. The subject property meets the minimum lot area of
40,000 square feet required for educational facilities uses in the Institutional (I) zoning district.
Any development of the property that does not meet minimum standard requirements will be
subject to the use criteria in the Flexible Standard Development process or Flexible Development
process.
SUMMARY AND RECOMMENDATIONS
The request for amendment to the Future Land Use Map involves a change from the Institutional
(I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential
Low (RL) and Water/Drainage Feature future land use categories to the (I), Preservation (P),
Recreation/Open Space (R/OS) and Water/Drainage Feature future land use categories. Also
involved is a request for rezoning from the Institutional (I), Commercial (C), Preservation (P),
Low Density Residential (LDR) and Open Space/Recreation (OS/R) zoning districts to the
Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) zoning districts.
The subject property is developed as a college. The site is surrounded by preservation and
wetland areas to the north and east, the Courtney Campbell Causeway to the south, and
residential uses to the west. The proposed amendment is compatible with the existing
Attachment number 4
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neighborhood. The use and density of this property is proposed to be limited through a
companion development agreement application (Case No. DVA2010-06001).
The proposed Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and
Water/Drainage Feature Future Land Use Map classifications and Institutional (I), Preservation
(P), and Open Space/Recreation (OS/R) zoning districts are consistent with both the City
Comprehensive Plan and the Countywide Rules, are compatible with the surrounding area, do not
degrade public services below acceptable levels, are compatible with the natural environment
with the approval of the Mitigation Plan and the granting of a conservation easement over lands
designated Preservation (P) are consistent with the development regulations of the City.
Approval of this land use map 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 and Development Department recommends the
following actions on the request:
ACTION:
Recommend APPROVAL of the Future Land Use Map amendment from the Institutional (I),
Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low
(RL) and Water/Drainage Feature categories to the Institutional (I), Preservation (P),
Recreation/Open Space (R/OS) and Water/Drainage Feature categories and the rezoning
request from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential
(LDR) and Open Space/Recreation (OS/R) districts to the Institutional (I), Preservation (P),
and Open Space/Recreation (OS/R) districts.
Prepared by Planning & Development Department staff: _______________________________
Lauren Matzke, AICP, Planner III
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Current Future Land Use Map
Proposed Future Land Use Map
Current Zoning Map
Proposed Zoning Map
Existing Surrounding Use Map
Site Photographs
Attachment number 4
Page 17 of 17
Resolution No. 10-18
RESOLUTION NO. 10-18
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND
CLEARWATER CHRISTIAN PRIVATE SCHOOL, INC., A
FLORIDA NON-PROFIT CORPORATION ; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with a Florida non-profit corporation; 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
Clearwater Christian Private School, Inc., a Florida non-profit Corporation, a copy of
which is attached as Exhibit “A,” is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2010.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 5
Page 1 of 1
Ordinance No. 8197-10
ORDINANCE NO. 8197-10
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 NORTH SIDE OF GULF-TO-BAY
BOULEVARD APPROXIMATELY 900 FEET EAST OF SOUTH
BAYSHORE BOULEVARD, CONSISTING OF A PORTION OF A
131.05 ACRE SITE, WHOSE POST OFFICE ADDRESS IS 3400
GULF±TO-BAY BOULEVARD, FROM INSTITUTIONAL (I),
COMMERCIAL GENERAL (CG), PRESERVATION (P),
WATER/DRAINAGE FEATURE, RECREATION/OPEN SPACE
(R/OS), AND RESIDENTIAL LOW (RL) TO INSTITUTIONAL (I),
PRESERVATION (P), RECREATION/OPEN SPACE (R/OS), AND
WATER/DRAINAGE FEATURE; 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,
DQGLVFRQVLVWHQWZLWKWKH&LW\¶VFRPSUHKHQVLYHSODQ QRZWKHUHIRUH
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
6HH³([KLELW$´$WWDFKHG From: Institutional (I), Commercial General
(CG), Preservation (P), Water/Drainage Feature,
Recreation/Open Space (R/OS),
And Residential Low (RL)
To: Institutional (I), Preservation (P),
Recreation/Open Space (R/OS),
and Water/Drainage Feature
(LUZ2010-06002 )
Section 2. The City Council does hereby certify that this ordinance is consistent with
WKH&LW\¶VFRPSUHKHQVLYHSODQ
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
8VH3ODQ(OHPHQWRIWKH&LW\¶V&RPSUHKHQVLYH3ODQDVDPHQGHGE\WKLVRUGLQDQFH
Attachment number 6
Page 1 of 2
Ordinance No. 8197-10
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 6
Page 2 of 2
Ordinance No.8198 -10
ORDINANCE NO. 8198-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
GULF-TO-BAY BOULEVARD APPROXIMATELY 900 FEET EAST
OF SOUTH BAYSHORE BOULEVARD, CONSISTING OF A
PORTION OF A 131.05 ACRE SITE, WHOSE POST OFFICE
ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, FROM
INSTITUTIONAL (I), COMMERCIAL (C), PRESERVATION (P),
LOW DENSITY RESIDENTIAL (LDR), AND OPEN
SPACE/RECREATION (OS/R), TO INSTITUTIONAL (I),
PRESERVATION (P), AND OPEN SPACE/RECREATION (OS/R);
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
6HH³([KLELW$´$WWDFKHG From: Institutional (I), Commercial
(C), Preservation (P), Low Density
Residential (LDR), and
Open Space/Recreation (OS/R)
To: Institutional (I), Preservation
(P), and Open Space/Recreation
(LUZ2010-06002) (OS/R)
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 8197-10 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.
Attachment number 7
Page 1 of 2
Ordinance No.8198 -10
PASSED ON FIRST READING _____________________________
PASSED ON SECOND AND FINAL _____________________________
READING AND ADOPTED
___________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 7
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to
the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential
(LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW
¼ of SW ¼ of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances
8195-10 and 8196-10 on first reading. (LUZ2010-06001)
SUMMARY:
This future land use map amendment and rezoning application involves 1.23 acres of an approximately 1.52-acre parcel, located on the
south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map
classifications of Residential/Office General (R/OG) and Residential Urban (RU) and zoning designations of Office (O) and Low
Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Commercial
General (CG) classification and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the subject property have
commercial future land use and zoning classifications.
The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former
bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive
through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. This land use map amendment
and rezoning application was not accompanied by an application for site redevelopment, therefore no use is currently proposed.
The Planning and Development Department has determined that the proposed Future Land Use Map amendment and rezoning
amendment are inconsistent with the Community Development Code as specified below:
The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development
Code;
The available uses in the Commercial (C) District are incompatible with the surrounding area; and
The proposed amendment conflicts with the character of the neighborhood.
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 July 20, 2010. The Planning and Development
Department will report its recommendation at the August 5, 2010 City Council meeting.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development
Group, LLC\Maps\LUZ2010-06001 LOCATION MAP.docx
LOCATION MAP
Owners: Bank of America Case: LUZ2010-06001
Site: A portion of 1475 Sunset Point Road Property
Size(Acres):
TOTAL PARCEL: 1.52 ACRES
PORTION INCLUDED IN LUZ
REQUEST: 1.23 ACRES
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From :
To:
R/OG, RU O, LMDR
CG C Atlas Page: 261A
PROJECT
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Attachment number 1
Page 1 of 6
S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development
Group, LLC\Maps\LUZ2010-06001 AERIAL PHOTOGRAPH.docx
AERIAL PHOTOGRAPH
Owners: Bank of America Case: LUZ2010-06001
Site: A portion of 1475 Sunset Point Road Property
Size(Acres):
TOTAL PARCEL: 1.52 ACRES
PORTION INCLUDED IN LUZ
REQUEST: 1.23 ACRES
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From :
To:
R/OG, RU O, LMDR
CG C Atlas Page: 261A
JOEL LN JOEL LN
N HIGHLAND AVE
N HIGHLAND AVE
SUNSET POINT RD SUNSET POINT RD
SPRING LN SPRING LN
THAMES LN THAMES LN
FLORA LN
FLORA LN
WILSON RD WILSON RD
ERIN LN ERIN LN
FLORA RD
FLORA RD -N
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Attachment number 1
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development
Group, LLC\Maps\LUZ2010-06001 FUTURE LAND USE MAP.docx
FUTURE LAND USE MAP
Owners: Bank of America Case: LUZ2010-06001
Site: A portion of 1475 Sunset Point Road Property
Size(Acres):
TOTAL PARCEL: 1.52 ACRES
PORTION INCLUDED IN LUZ
REQUEST: 1.23 ACRES
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From :
To:
R/OG, RU O, LMDR
CG C Atlas Page: 261A
CG
RU
RU
RU CG
RU
R/OG
RU
I
RU
RU
RU
RH
RURU
RU
JOEL LN
N HIGHLAND AVE
SUNSET POINT RD
SPRING LN
THAMES LN
FLORA LN
WILSON RD
ERIN LN
FLORA RD
1897
1434
1430
1449
1450
14
3
3
14
5
3
14
4
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14
4
1
14
5
9
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1
1899
18351840
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14
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2
5
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33
143
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143
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14
19
1907
151
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9
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0
1827
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2
1
1908
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3
2
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3
2
14
5
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143
8
1877
1508
1421
1436
1439
1425
1905
1450
1417
1463
1904
1851
1417
1424
1428
1442
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1527
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1442
1437
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1848
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1823
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1
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Attachment number 1
Page 3 of 6
S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development
Group, LLC\Maps\LUZ2010-06001 ZONING MAP.docx
ZONING MAP
Owners: Bank of America Case: LUZ2010-06001
Site: A portion of 1475 Sunset Point Road Property
Size(Acres):
TOTAL PARCEL: 1.52 ACRES
PORTION INCLUDED IN LUZ
REQUEST: 1.23 ACRES
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From :
To:
R/OG, RU O, LMDR
CG C Atlas Page: 261A
JOEL LN
N HIGHLAND AVE
SUNSET POINT RD
SPRING LN
THAMES LN
FLORA LN
WILSON RD
ERIN LN
FLORA RD
C
O
LMDR
LMDR
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18351840
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33
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1900
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Attachment number 1
Page 4 of 6
S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development
Group, LLC\Maps\LUZ2010-06001 EXISTING SURROUNDING USES MAP.docx
EXISTING SURROUNDING USES
Owners: Bank of America Case: LUZ2010-06001
Site: A portion of 1475 Sunset Point Road Property
Size(Acres):
TOTAL PARCEL: 1.52 ACRES
PORTION INCLUDED IN LUZ
REQUEST: 1.23 ACRES
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From :
To:
R/OG, RU O, LMDR
CG C Atlas Page: 261A
50
60
100
50
87732
28 29
21
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18 17 16 15
4 5 6 7 8 9 10 11
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85 86 87 88 89 90 91 92 93 94
80 79 78 75 74 73 72 71 77 76
61 62 63 64 65 66 67 68 69 70
56 55 54 53 52 51 50 49 48 47
116 117
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32/01
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32/07
32/06
32/05
32/04
32/03
1.52 A C(C)
1
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1430
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3
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JOEL LN
N HIGHLAND AVE
SUNSET POINT RD
SPRING LN
THAMES LN
FLORA L
N
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FLORA RD
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Single Family Residential
Single Family Residential
Multi Family
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Office,
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Attachment number 1
Page 5 of 6
View looking south at the subject parcel, 1475 Sunset Point Road
West of the subject property
View looking easterly along Sunset Point Road
East of the subject property
Across street, to north of the subject property
View looking westerly along Sunset Point Road
LUZ2010-06001
Belleair Development Group, LLC
1475 Sunset Point Road
Attachment number 1
Page 6 of 6
Community Development Board – July 20, 2010 - Case LUZ2010-06001 - Page 1 of 10
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12442.1.LUZ2010-06001_Staff_Report.doc
CDB Meeting Date: July 20, 2010
Case Number: LUZ2010-06001
Owner/Applicant: Bank of America/Belleair Development Group, LLC
Address: A Portion of 1475 Sunset Point Road
Agenda Item: E-6
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Map amendment from the
Residential/Office General (R/OG) and Residential Urban
(RU) classifications to the Commercial General (CG)
classification; and
(b) Rezoning from the Office (O) and the Low Medium Density
Residential (LMDR) districts to the Commercial (C)
District.
SITE INFORMATION
Property Size: 66,211 square feet or 1.52 acres
Portion of Property
Subject to Amendment: 53,578 square feet or 1.23 acres
Property Use: Current Use: Bank (Not in use since 2007)
Proposed Use: None
Plan Category: Current Categories: Residential/Office General (R/OG)
Residential Urban (RU)
Proposed Category: Commercial General (CG)
Zoning District: Current Districts: Office (O)
Low Medium Density Residential (LMDR)
Proposed District: Commercial (C)
Existing
Surrounding Uses: North: Single Family Residential
South: Single Family Residential
East: Vacant Gas Station
West: Retail, Printers
Attachment number 2
Page 1 of 10
Community Development Board – July 20, 2010 - Case LUZ2010-06001 - Page 2 of 10
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12442.1.LUZ2010-06001_Staff_Report.doc
ANALYSIS:
The proposed amendment involves the north and west portions of a parcel located at 1475 Sunset
Point Road, comprising approximately 1.23 acres. The amendment request is to change the
current Residential/Office General (R/OG) and the Residential Urban (RU) future land use
categories to the Commercial General (CG) future land use category and the Office (O) and the
Low Medium Density Residential (LMDR) zoning categories to the Commercial (C) zoning
category. The 0.29-acre remainder of the parcel, which fronts on Highland Avenue, is currently
designated by the Commercial General (CG) future land use category and Commercial (C)
zoning category.
The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the
closure of Bank of America. The former bank site contains a building, parking lot, and entrance
on the north portion of the property fronting on Sunset Point Road, and a drive through and drive
isle traversing the eastern portion of the property, connecting to Highland Avenue.
This land use amendment and rezoning application was not accompanied by an application for
site redevelopment. Redevelopment of the site was discussed in concept with the applicant at the
Planning & Development Department’s Building Plan Review Committee meeting on April 7,
2010. At that time, the applicant did not identify a specific end use for the site. Earlier this year,
a concept plan of the subject property showed the property as a Dollar General store and the
parcel to the east as a Taco Bell fast-food restaurant with shared parking. A later rendering
showed only the subject property as a Dollar General store. The applicant also stated that auto
sales use was being considered for the property. At the July 7, 2010, BPRC meeting, the engineer
for the property indicated that a Dollar General store and gas station were possible end uses of
the subject property and the parcel to the east.
In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use
map amendment is subject to approval by the Pinellas Planning Council and Board of County
Commissioners acting as the Countywide Planning Authority. Based on the requested density,
review and approval by the Florida Department of Community Affairs is required.
I. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN [Section 4-602.F.1
and 4-603.F.1]
Recommended Findings of Fact
The following objective and policies of the Clearwater Comprehensive Plan are not supportive
of the proposed land use plan amendment:
Policy A.2.2.3 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.
Policy A.5.5.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
Objective A.6.2 The City of Clearwater shall continue to support innovative planned
Attachment number 2
Page 2 of 10
Community Development Board – July 20, 2010 - Case LUZ2010-06001 - Page 3 of 10
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12442.1.LUZ2010-06001_Staff_Report.doc
development and mixed land use development techniques in order to promote infill development
that is consistent and compatible with the surrounding environment.
Recommended Conclusions of Law
While commercial designation of the subject property would encourage land use conversion on
an economically underutilized parcel and promote redevelopment activities (reference Policy
A.6.2.2) through potential parcel consolidation with the commercially designated parcel at the
roadway intersection, the potential extension of intensive commercial uses along the
predominantly residential corridor could negatively impact adjacent neighborhoods. The
proposed amendment would allow for additional uses not allowed under the subject property’s
current future land use and zoning designations. Some of these potential uses are incompatible
with the surrounding environment and envisioned character of the neighborhood.
Since no use is currently being proposed, it is not possible to know what off-site impacts the use
will have on the single-family residential neighborhoods to the north and south. Sunset Point
Road, west of Highland Avenue is primarily residential in nature with some office, neighborhood
retail, and institutional uses. It is most appropriately suited for these uses and not commercial
uses that generate citywide or countywide residents.
II. CONSISTENCY WITH COUNTYWIDE PLAN RULES
Recommended Findings of Fact
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.4 of the Countywide Plan Rules, is to depict those areas of the County that are now
developed, or appropriate to be developed, in a manner designed to provide community and
countywide commercial goods and services; and to recognize such areas as primarily consistent
with the need, relationship to adjoining uses and with the objective of encouraging a
consolidated, concentrated commercial center providing for the full spectrum of commercial
uses.
The site is located across the Sunset Point Road right-of-way from single family homes to the
north. To the immediate south are also single family homes. A vacant gas station is located
immediately east of the site. To the west are a small market and print shop, both nonconforming
uses. Low Medium Density Residential, Office, and Commercial zoning districts surround the
site.
Locational Characteristics, as specified in Section 2.3.3.5.4, state that the Commercial General
(CG) category is appropriate to locations in and adjacent to activity centers where surrounding
land uses support and are compatible with intensive commercial uses; and in areas in proximity
to and with good access to major transportation facilities, including mass transit. The subject
property does not meet the locational characteristics stated above since it is not located in or
adjacent to an activity center or a major transportation facility. However, the property is located
on a PSTA bus route.
Recommended Conclusions of Law
The Sunset Point Road corridor, west of Highland Avenue, is not an area that is developed, or
appropriate to be developed, in a way that provides community and countywide commercial
goods and services. The site is not located in or adjacent to an activity center or a major
Attachment number 2
Page 3 of 10
Community Development Board – July 20, 2010 - Case LUZ2010-06001 - Page 4 of 10
C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12442.1.LUZ2010-06001_Staff_Report.doc
transportation facility. The proposed plan amendment is not consistent with the purpose or the
locational characteristics of the Countywide Plan Rules.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3, and 4-
603.F.6]
Recommended Findings of Fact
The subject property is located on the south side of Sunset Point Road, between Kings Highway
and North Highland Avenue. The character of the neighborhood is a mix of single family
residences, multi-family residences, retail, restaurants, offices, and a gas station. To the north
and south are single family homes with a future land use map category of Residential Urban
(RU) and zoning district of Low Medium Density Residential (LMDR). The Residential Urban
(RU) category permits 7.5 dwelling units per acre. The Low Medium Density Residential
(LMDR) zoning district primarily permits residential uses.
To the east is an automobile service station use with a future land use map category of
Commercial General (CG) and a Commercial (C) zoning district. The Commercial General
(CG) category permits 24 dwelling units per acre and a floor area ratio of 0.55. The Commercial
(C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail
sales uses. The property has not been used as an automobile service station since July 2003 and
has been vacant since that time. East of Highland Avenue, along Sunset Point Road, a windshield
survey indicates a number of underutilized vacant commercial properties.
To the west are nonconforming retail and printing shop uses with a future land use map category
of Residential/Office General (R/OG) and Office (O) zoning district. The Residential/Office
General (R/OG) category permits 15 dwelling units per acre and a floor area ratio of 0.50. The
Office (O) zoning district primarily permits offices, places of worship and school uses. The retail
use is a small neighborhood market, which shares a 4,392 square foot building with a print shop.
The proposed Commercial General (CG) future land use category permits 24 dwelling units per
acre and a floor area ratio of 0.55 and the proposed Commercial (C) zoning district primarily
permits indoor recreation/entertainment, offices, overnight accommodations, restaurants, retail
sales, and vehicle sales/displays uses. Therefore, the category and district as proposed do not
appear appropriately located. Commercial uses are not compatible with single-family uses. A
less intensive use, such as multi-family or office, would be more appropriate located contiguous
to single-family homes and fit in with the character of Sunset Point Road west of Highland
Avenue. This request is not compatible with the surrounding area and may unreasonably affect
the use of the property in the area.
Recommended Conclusions of Law
The proposed future land use and zoning designation are not in character with the overall Future
Land Use Map and zoning designations in the area. They are not compatible with surrounding
uses and not consistent with the character of the immediate surrounding area and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.4]
Recommended Findings of Fact
Attachment number 2
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The total area of the subject property is approximately 1.52 acres (66,211 square feet), of which
0.29 acres (12,632 square feet) is zoned Commercial (C), 1.15 acres (50,094 square feet) is
zoned Office (O) and 0.08 acres (3,484 square feet) is zoned Low Medium Density Residential
(LMDR). The Office (O) and Low Medium Density Residential (LMDR) zoned portions of the
property are subject to the amendment request.
The Residential/Office General (R/OG) future land use category permits 15 dwelling units per
acre and a floor area ratio of 0.50. The subject property could yield a maximum of 17 dwelling
units or 25,047 square feet of nonresidential floor area in the area currently designated
Residential/Office General (R/OG). The Residential Urban (RU) future land use category
permits 7.5 dwelling units per acre and a floor area ratio of 0.40. The portion of the subject
property currently designated Residential Urban (RU) is too small to support even one dwelling
unit because it was subdivided from the originally platted residential parcel to the south. The
proposed Commercial General (CG) future land use category permits 24 dwelling units per acre
and a floor area ratio of 0.55. Under the proposed Commercial General (CG) category, the
subject property could yield 29 dwelling units or a floor area of 29,468 square feet. The proposed
change to the Commercial General (CG) future land use category would provide for an increase
of 4,421 square feet of buildable area on the subject property.
The current Office (O) and Low Medium Density Residential (LMDR) zoning districts primarily
permit residential, offices, places of worship and school uses. The proposed Commercial (C)
zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales
uses.
Roadways
Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based
on the current and proposed Future Land Use Map designations. The table indicates the
maximum potential trips generated by future land use category based on the traffic generation
rates in the Countywide Plan Rules. The table also shows the potential roadway level of service
impacts to Sunset Point Road under each scenario. Note: The Countywide Plan Rules traffic
generation guidelines are the accepted methodology for reviewing the roadway impacts of
proposed Future Land Use Map amendments.
Sunset Point Road from Edgewater Drive to Keene Road currently operates at a level of service
C, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level
of Service Report. Trips generated by the proposed future land use category would lower the
operating level of service to D, peak hour. The adopted level of service standard for the roadway
segment is D, peak hour.
Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip
generation for specific uses allowed in the current and proposed zoning districts based on the
Institute of Transportation Engineer’s (ITE) Trip Generation 8th Edition. The analysis compares
trips generated by the former use of the subject property (drive-in bank) to uses representing the
maximum development potential under the current and proposed zoning districts.
Table 1: MAXIMUM POTENTIAL TRAFFIC
Attachment number 2
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Sunset Point Rd
(Edgewater Dr to Keene Rd)
Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Maximum Daily Added Potential Trips N/A 210 740 530
Maximum PM Peak Hour Added Potential Trips3 N/A 19 70 51
Roadway Volume 9,965 10,175 10,705 530
Roadway Level of Service PM Peak Hour C C4 D4 D4
Adopted Roadway Level of Service Standard D Peak Hour
Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on Pinellas Planning Council (PPC) calculations of 178 trips per acre per day for the Residential/Office General
(R/OG) Future Land Use Category and 68 trips per acre per day for the Residential Urban (RU) Future Land Use Category.
2. Based on PPC calculations of 487 trips per acre per day for the Commercial General (CG) Future Land Use Category.
3. Based on MPO K-factor of 0.095.
4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Average
Daily Trips
PM Peak
Trips
Average
Rate
PM
Peak
Trips
Net
Change
PM Peak
Trips
EXISTING DESIGNATIONS: “O” Zoning District ( “R/OG” Future Land Use Category)
General Office Building1
(11.01 trips/1,000 SF GFA) 25,047 SF6 275 N/A 1.49 37 N/A
Existing Drive-in Bank2
(148.15 trips/1,000 SF GFA) 10,586 SF7 1,568 N/A 25.82 273 N/A
EXISTING DESIGNATIONS: “LMDR” Zoning District (“RU” Future Land Use Category)
Single-Family Detached
Housing3
(9.57 trips/unit)
0 DU 0 N/A 1.02 0 N/A
PROPOSED DESIGNATIONS: “C” Zoning District (“CG” Future Land Use Category)
Example Uses
36,416 SF8 1,214 -354 2.59 94 -179 New Car Sales4
(33.34 trips/1,000 SF GFA)
Fast-Food Restaurant w/
Drive-Through Window5
(496.12 trips/1,000 SF GFA)
4,100 SF9 2,034 466 33.84 138 -135
Notes:
GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A = Not applicable.
1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 710.
2. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 912.
3. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 210.
4. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 841.
5. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 934.
6. Total gross floor area ratio permitted by the underlying R/OG Future land use map category is 0.50.
7. The Pinellas County Property Appraiser website provides the square footage.
8. Total gross floor area ratio permitted by the underlying CG Future land use map category is 0.55.
9. Average square footage of a fast-food restaurant with a drive-through window.
A specific use of the property has not been proposed by the applicant; therefore, two possible
Attachment number 2
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uses were analyzed in the Trip Generation Comparison by Zoning Designation table. Restaurant
with drive-through window was chosen because it is an intensive use. Based on the ITE Trip
Generation Manual, this use would result in 138 PM Peak trips. The new car sales use was
chosen because the applicant’s representative indicated that this was a use being considered.
New car sales developed at the maximum intensity in the Commercial (C) District (36,416
square feet) would result in 94 PM Peak trips on Sunset Point Road. The drive-in bank use
results in 273 PM Peak trips. Both of the possible uses analyzed generate fewer PM Peak trips
than the drive-in bank use. Even though banks are considered an office use in the Community
Development Code, the trip generation characteristics of this use is similar to restaurants, gas
stations, and other service type uses.
Mass Transit
The citywide level of service for mass transit will not be affected by the proposed plan
amendment. The total miles of fixed route service will not change. The subject property is
located on a mass transit route.
Potable Water
The current future land use designation could use up to 2,660 gallons of potable water per day.
Under the proposed future land use designation, potable water demand could approach
approximately 2,946 gallons per day. There is a slight increase in consumption.
Wastewater
The current future land use designation could produce up to 2,144 gallons of wastewater per day.
Under the proposed future land use designation, sewer demand could approach approximately
2,357 gallons per day. There is a slight increase in consumption.
Solid Waste
The current future land use designation could generate 47 tons of solid waste per year. Under the
proposed future land use designation, 366 tons of solid waste could be generated per year. There
is an increase in solid waste produced.
Recreation and Open Space
Due to the fact that the site is developed, the payment of Open Space, Recreation Land and
Recreation Facility impact fees will not be required at this time. Should the site be redeveloped,
the fees will be required prior to the issuance of a building permit. The amount and timing of this
fee is dependent on the number of developed units and will be addressed and paid during the site
plan review process.
Public School Facilities
Based on factors established by the Pinellas County School Board, the current Residential
Office/General (R/OG) plan category (potential of 17 residential units) and Residential Urban
(RU) plan category (potential of 0.60 residential units) could generate the following number of
students.
Elementary School: 0.15 students per unit x 17.60 units = 2.64 students
Middle School: 0.07 students per unit x 17.60 units = 1.23 students
High School: 0.10 students per unit x 17.60 units = 1.76 students
TOTAL = 5.63 students
Attachment number 2
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Based on factors established by the Pinellas County School Board, the proposed Commercial
General (CG) plan category (potential of 29 residential units) could generate the following
number of students.
Elementary School: 0.15 students per unit x 29 units = 4.35 students
Middle School: 0.07 students per unit x 29 units = 2.03 students
High School: 0.10 students per unit x 29 units = 2.90 students
TOTAL = 9.28 students
An increase of 3.65 students could occur as a result of the proposed Future Land Use Map
amendment. The subject property is located within Concurrency Service Area (CSA) D for
elementary and Concurrency Service Area (CSA) C for middle schools. According to enrollment
and capacity data from the Pinellas County School District, there is available capacity within
both CSA D and 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 the proposed
Future Land Use Map amendment would degrade the existing level of service on Sunset Point
Road or the operational efficiency of the signalized intersection. However, PM peak trips would
be expected to decline. Further, there would be increased demand for potable water, wastewater,
and solid waste service, although the increase would not negatively impact the City’s ability to
meet the adopted level of service standards for these public facilities. Open space and recreation
facilities and mass transit will not be affected by the proposed amendments.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact
No wetlands appear to be located on the subject property. This property is developed as a drive-
in bank and has trees and landscaping on site.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject property. The
intent of the new buyer is to redevelop the property in the future for a commercial use. The site
is currently developed. 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 Commercial (C) District boundaries is consistent with the
boundaries of the subject property, which are irregularly shaped.
The proposed Commercial (C) District boundaries would consolidate the subject property into a
single zoning district. However, the proposed Commercial (C) District is not compatible with
the single-family uses to the north and south.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of
Attachment number 2
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streets, ownership lines, existing improvements and the natural environment.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Section 4-602.F.1]
The proposed Commercial General (CG) Future Land Use Map category permits a floor area
ratio of 0.55 while the existing Residential Office/General (R/OG) and Residential Urban (RU)
categories permit less intensive floor area ratios of 0.50 and 0.40, respectively. The 0.90
impervious surface ratio of the proposed Commercial General (CG) category is higher than the
existing Residential Office/General (R/OG) category imperious surface ratio of 0.75 and
Residential Urban (RU) category imperious surface ratio of 0.65. The subject property meets the
minimum lot area of 40,000 square feet and lot width of 200 feet required for minimum standard
uses in the Commercial (C) District. A survey of the property indicates that structures currently
encroach into the required setback on the north, south, and west sides of the property. Since the
property has been vacant more than six months (Bank of America closed in May 2007), any use
of the property will require conformance with the current Code. Any development of the
property that does not meet minimum standard requirements will be subject to the use criteria in
the Flexible Standard Development process or Flexible Development process. These criteria may
prohibit certain uses contiguous to residentially zoned properties (e.g., vehicle sales/display).
SUMMARY AND RECOMMENDATIONS
The request for amendment to the Future Land Use Map involves a change from the Residential
Office/General (R/OG) and Residential Urban (RU) future land use categories to the Commercial
General (CG) future land use category. Also involved is a request for rezoning from the Office
(O) and the Low Medium Density Residential (LMDR) zoning districts to the Commercial (C)
zoning district.
The subject property is developed as a drive-in bank that has remained vacant since May 2007.
Residential uses primarily characterize the surrounding area to the north and south, while low
intensity office, retail, and institutional uses characterize the surrounding area to the east and
west. The proposed amendment is compatible with the properties to the east and west, but not
those to the north and south.
The proposed amendment is inconsistent with the goals, objectives and policies of the
Clearwater Comprehensive Plan. The proposed change is not compatible with low intensity uses
in the surrounding area. Furthermore, the proposed amendment does not meet the purpose and
locational criteria for the Commercial General (CG) designation in the Countywide Plan Rules.
The current Office zoning district provides an appropriate transition between more intensive
commercial uses to the east of the subject property and the single family use to the north and
south.
Based on the above analysis, the Planning and Development Department recommends the
following actions on the request:
ACTION:
Recommend DENIAL of the Future Land Use Map amendment from the Residential/Office
General (R/OG) and Residential Urban (RU) categories to the Commercial General (CG)
Attachment number 2
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category and the rezoning request from the Office (O) and Low Medium Density Residential
(LMDR) districts (County) to the Commercial (C) District.
Prepared by Planning & Development Department staff: _______________________________
Cate Lee, Planner II
Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
Attachment number 2
Page 10 of 10
Ordinance No. 8195-10
ORDINANCE NO. 8195 -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 SOUTH SIDE OF SUNSET POINT ROAD
APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND
AVENUE, CONSISTING OF UNPLATTED LAND IN NW 1/4 OF
SW ¼ OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15
EAST, & PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE
POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD,
FROM RESIDENTIAL/OFFICE GENERAL (R/OG) AND
RESIDENTIAL URBAN (RU) TO COMMERCIAL GENERAL (CG);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See Exhibit “A”
From: Residential/Office General
(R/OG) and Residential Urban (RU)
To: Commercial General (CG)
(LUZ2010-06001 )
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
Attachment number 3
Page 1 of 2
Ordinance No. 8195-10
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 2 of 2
Ordinance No.8196 -10
ORDINANCE NO. 8196-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF
SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF
NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED
LAND IN NW 1/4 OF SW ¼ OF SECTION 2, TOWNSHIP 29
SOUTH, RANGE 15 EAST, & PART OF LOT 9 OF BRENTWOOD
ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET
POINT ROAD, FROM OFFICE (O) AND LOW MEDIUM DENSITY
RESIDENTIAL (LMDR), TO COMMERCIAL (C); 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 Exhibit “A” From: Office (O) and Low Medium
Density Residential (LMDR)
(LUZ2010-06001 ) To: Commercial (C)
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 8195-10 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________
PASSED ON SECOND AND FINAL _____________________________
READING AND ADOPTED
___________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction
with the production of the motion picture “A Dolphin’s Tale”, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Bottlenose Productions, Inc., is the producer of the upcoming film “A Dolphin’s Tale,” which will be filmed in and around Clearwater
and the Clearwater Marine Aquarium. They want to lease the Harborview Center for the construction and operation of motion picture
sets and ancillary facilities needed for production of the motion picture. The sets and facilities will be constructed within the interior
improvements of the demised premises at the Lessee's sole expense.
The size and proximity of the Harborview Center to the primary production area---in and around the Clearwater Marine Aquarium---
make the Harborview Center important to the success of the filming. The Lease period will extend from August 9, 2010 until December
31, 2010. Bottlenose Productions will absorb all costs of Harborview Center operation during the lease period and will insure and
indemnify the City.
The movie production will provide significant economic benefit and international tourism exposure to the City of Clearwater and the
Clearwater Marine Aquarium as a result of the production within the City and the resultant film distribution.
Review Approval:1) Public Works Administration 2) Financial Services 3) Legal 4) Office of Management and Budget 5) Legal 6) Clerk
Cover Memo
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this ______ day of ________________, 2010,
(“Effective Date”) between the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, Fl.
33756, as Lessor, and BOTTLENOSE PRODUCTIONS, LLC, a Delaware limited liability
company, having its principal place of business at 10390 Santa Monica Blvd., Suite 250, Los
Angeles, Ca., 90025, as Lessee.
W I T N E S S E T H:
That Lessor does lease and Lessee agrees to lease all of the following premises commonly
known as the “Harborview Center” addressed at 320 Cleveland Street, Clearwater, Florida, LESS
AND EXCEPT that approximately 2800 square foot portion thereof, and sixteen (16) signed, and
other parking spaces appurtenant thereto, under lease to Pickles Plus Too, Inc., a Florida
corporation, all being more specifically described as follows:
EDWARD MILL’S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON’S &
BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat
Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of
SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid
ROMPON’S & BASKIN’S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT;
thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the
right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet; thence N05°W,
189.48 feet; thenceN03°West, 171.34 feet; thence along the arc of a curve to the right,
84.23 feet, radius 743.35 feet, cord bearing N03°E, 84.18 feet; thence East, 422.97 feet;
thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing
N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27
feet to the point of beginning.
Such property shall hereinafter be referred to as the "Leased Premises" or the “Demised
Premises" or the "Leased Property."
1. LEASE TERM.
The term of this lease shall be for five and one half (5 •••) months; which term will
commence on the 2nd day of August, 2010, and shall continue until midnight on the 15th day of
December, 2010.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar
($1.00) as rent during the term of this lease, the receipt and sufficiency of which is hereby
acknowledged. In further consideration of Lessor entering into this lease with Lessee, Lessee
covenants with Lessor that Lessee shall unequivocally, timely and without reservation or exception,
full comply with all the provisions hereof, and the obligations imposed herein. Lessee’s failure to
timely comply with any or all of the provisions hereof shall be deemed a material default and
subject to provisions of Paragraph 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
Lessee acknowledges that in addition to those costs specifically set out herein, Lessee shall be
Attachment number 1
Page 1 of 9
responsible for any and all direct costsresulting from, or incident to, its occupation hereunder. In no
event shall Lessor be responsible for any costs dir ectly resulting from Lessee’s occupation and use
as provided for herein.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be
made of the premises during the term without the written consent of the Lessor: Construction and
operation, at Lessee’s sole cost and expense, of motion picture sets and ancillary facilities within
the interior improvements of the demised premises as Lessee may require for production of the
motion picture, “Dolphin Tale.”
4. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and
are or shall be individually metered for the subject premises. All deposits for such utilities shall be
the sole responsibility of Lessee.
5. MAINTENANCE AND TAXES.
Lessee shall, at its own expense, maintain in good repair and in good and safe condition all
improvements on, about and within the leased premises, including, but without limiting the
generality of the foregoing, all structural improvements, including the roof, doors, plate glass,
windows and their respective hardware, all plumbing, heating, cooling and electrical fixtures,
regardless of how the necessity or desirability of repairs may occur, and whether or not required by
wear and tear, obsolescence, accidents or otherwise. Except as may be otherwise provided for in
this lease, Lessor has no obligations to make repairs on, about or within the leased premises, or to
paint, decorate or redecorate same. Lessee shall be responsible for all real and personal property
taxes as may be assessed specifically applied against the Leased Premises (as more particularly
described above) during the lease term, and shall promptly pay same when due.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or
occupancy of the demised premises.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof.
Lessor may refuse such consent to sublet in its sole discretion. This covenant shall be binding on
the legal representatives of Lessee, and on every person to whom Lessee's interest under this
lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent
or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a
consolidation or merger involving such lessee.
Attachment number 1
Page 2 of 9
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in
default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the
assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved.
No such collection shall be deemed a waiver of the covenant herein against assignment and
subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of
Lessee from further performance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS.
Other than as expressly provided for herein, the Lessee shall not make any structural
alterations or modifications or improvements which are part of the leased property without the
written consent of the Lessor, and any such modifications or additions to said property shall
become the property of the Lessor upon the termination of this lease or, at Lessor's option, the
Lessee shall restore the leased property at Lessee's expense to its or iginal condition. The
restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply
to any change which changes the architecture or purpose of the property or which changes any of
the interior walls of the improvements or which annexes a fixture to any part of the leased property
which cannot be removed without damage thereto. In the event Lessee desires to make any
alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects
to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the
proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics’
or materialmen's liens to be placed upon the leased property in connection with maintenance,
alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor,
discharge any mechanic's liens for materials or labor claimed to have been furnished to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee
which have not become the property of Lessor, including trade fixtures and the like. All property
remaining on the premises after the last day of the term of this lease shall be conclusively deemed
abandoned and may be removed by Lessor and Lessee s hall reimburse Lessor for the cost of such
removal. The Parties hereto acknowledge and agree that it is the Lessee’s intent to apply
immediate improvements to the premises to render the Demised Premises useable for Lessee’s
purposes (e.g.,replacing missing fixtures, ceiling tiles, toilet seats, etc.). Lessee shall provide
detailed written notice of said improvements seeking Lessor’s approval as provided for in this
paragraph, prior to proceeding to install same. In no event shall Lessor be liable to reimburse
Lessee for such improvements.
9. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining
premises or any part of the premises adjacent to or connected with the premises hereby leas ed or
any part of the building which the leased premises are a part of for any loss or damage resulting to
the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, should Lessee default in any of
itsmaintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall
Attachment number 1
Page 3 of 9
invoice to Lessee for reimbursement within 15 days following receipt.Right of entry shall likewise
exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not
conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee acknowledges and represents that the premises leased are in need of certain
improvements for which Lessee shall submit written notice in accordance with Paragraph 8 herein,
seeking approval of Lessor to conduct and install such improvements. Lessee's acceptance or
occupancy of the leased premises shall constitute r ecognition of such condition. Lessee hereby
accepts the premises in the “AS IS CONDITION” they are in at the beginning of this lease and
agrees to maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the expiration
of the term, excepting only reasonable wear and tear arising from the use thereof under this
agreement. The Lessee agrees to compensate and reimburse said Lessor immediately upon
demand, any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or neglect of
Lessee or of any person or persons in the employ or under the control of the Lessee should
Lessee fail for any reason to remedy or repair such damage immediately upon demand.
12. INSURANCE.
Lessee agrees to provide at its sole cost and expense the following policy or policies of
insurance through firms authorized to provide such insurance wit hin the State of Florida:
Liability Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability
Insurance. This coverage shall be on an “Occurrence” basis. The policy shall provide coverage for
death, bodily injury, personal injury or property damage that could arise directly or indirectly from
the performance and operation of this Lease. The minimum limits of coverage shall be $1,000,000
Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage. The Lessor
shall be included and identified as an Additional Insured under the policy and on the Certificate of
Insurance.
The insurance coverages and conditions afforded by these policies shall not be suspended,
voided, cancelled or modified except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City’s Risk Management Office.
All insurance policies required within this provision shall provide full coverage from the first dollar of
exposure unless stipulated. No deductibles will be accepted other than as stipulated herein.
Certificates of Insurance meeting the specific required insurance provisions specified in this Lease
shall be forwarded to the City’s Risk Management Office and approved prior to Lease
commencement. After review, the Certificate will be filed as part of the official Lease file.
Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted in all
contracts for sale, purchase or rental of real property. Page 5 of 9
Attachment number 1
Page 4 of 9
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county health unit.
13. DESTRUCTION OF PREMISES.
In the event that the building should be partially or totally destroyed by fire, earthquake,
hurricane or other natural cause,
Lessor may either terminate the lease or undertake to rebuild or repair in Lessor’s sole
discretion. If Lessor undertakes to rebuild and repair, and if the demised Premises are no longer
usable for the purposes of the Lessee as described in paragraph 3, Lessee may terminate the
lease from the date of occurrence of such event thr ough the remainder of the term. Should Lessee
elect to continue, Lessee shall, at its own expense, restore all work required to be done by the
Lessee under this Agreement..
14. RESERVATION BY LESSOR.
Throughout the term hereof Lessor reserves unto itself during and throughout the following
scheduled public events within Coachman Park and its environs the exclusive right and privilege of
full and unimpeded use of all parking within the Demises Premises, with the exception of those
spaces assigned to the use of Pickles Plus Too, (Pickles”) together with ingress and egress thereto
and any areas determined by the Lessor that do not interfere with these events on a case by case
basis:
Superboat Offshore National Championship – September 29th through October 2nd
Hispanic Heritage Festival – October 10th
Clearwater Jazz Holiday – October 14th through October 17th
Christmas Under The Oaks – November 13th and November 14th
In addition, the Parties expressly acknowledge the parking rights of Pickles Plus Too Inc., as set
out in that certain Lease between the Lessor and Pickles, dated August 15, 1995, as amended.
15. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and
subordinate to all bona fide mortgages or other instruments of security now or hereafter placed
upon the said premises by the Lessor provided, however, that such mortgages and other
instruments of security will not cover the equipmen t and furniture or furnishings on the premises
owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which
might be required by mortgagee of the Lessor.
16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
(a) Lessee further covenants that if the Lessee shall violate or default upon any of the
covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this
lease, and shall fail to correct such violation or default within fifteen (15) days after a written
request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, and
Lesseeshall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession
of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Attachment number 1
Page 5 of 9
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may
(i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being
liable to any prosecution or claim therefore, and m ay relet the leased property as the agent of the
Lessee and receive the rent therefore and apply the same to the payment of such expenses as
Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or
otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees.
Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder
and to the cost and expenses of performance of the other covenants of Lessee as provided herein;
or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days
written notice of such intention served upon the Lessee or left upon the leased property, and the
term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen
(15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any
deficiency between the rent due hereunder for the balance of the term of this lease and the rent
actually received by Lessor from the leased property for the balance of said term.
(c) Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing
of a voluntary or involuntary petition by or against Lessee under any law for the purpose of
adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to
prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the
bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by
Lessee and breach of this lease.
(d) Lessor, at its option, may terminate this lease in the event the City Council determines at
a duly constituted City Council meeting that the lease premises are needed for other municipal
purposes and serves Lessee with sixty (60) days notice of such intended use.
(e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law except
as provided for in the following sentence. No Injunctive Relief: In no event shall Landlord or its
successors and assigns, or any other party now or hereafter having an interest in Tenant’s motion
picture project currently entitled “DOLPHIN TALE” (the “Picture”), seek or be entitled to enjoin or
restrain the production, distribution, advertising or exploitation of the Picture, or any parts or
elements thereof, except the Lessor’s limited right to enjoin or restrain production within the
Leased Premises to the extent of the terms of the Lease.
17. MISCELLANEOUS.
(a) Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
Attachment number 1
Page 6 of 9
(d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute
sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand
delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with
the terms of this contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part
of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the
said rights.
(f) It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the
City of Clearwater Land Development Regulations, as may be amended from time to time, and
other applicable law, and such signs as Lessee may place inside the building, which signs shall be
subject to the prior approval of the Lessor.
(g) It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future writing
signed by the party making such representations or promises.
18. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall
be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the
lender verifying the standing of the lease, the ter ms thereof, and all amounts paid thereunder and
such other matters as may be reasonably requested.
19. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred
by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy
thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any
provision, term, covenant or agreement required to be performed by the Lessee under this
agreement; (b) any occurrence, injury or personal or property damage which shall happen in or
about the leased property or appurtenances resulting from the condition, maintenance,
construction on or of the operation of the leased property; (c) failure to comply with any
requirements of any governmental authority or insurance company insuring the leased property or
its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's
lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures,
equipment or personalty therein; and (e) any constr uction, work, alterations or improvements by
Lessee on the leased property. Such indemnification shall include reasonable attorney’s fees for all
proceedings, trials and appeals.
20. “AS IS” CONDITION.
Upon the effective date hereof, Lessee accepts the leased premises on and in an “as is”
basis, and Lessor shall have no obligation to improve, remodel or in any manner repair or maintain
any improvements, mechanical, electrical, safety or other appurtenances within and about the
leased premises.
21. CONSTRUCTIVE EVICTION.
Attachment number 1
Page 7 of 9
Lessee shall not be entitled to claim a constructive eviction from the premises unless
Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto
and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after
receipt of such notice to remedy such conditions.
22. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the leased premises at its
expense.
23. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
24. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and are
not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste,
or other hazardous substances will be used, handled, stored or otherwise placed upon the property
or, in the alternative, that such materials, wastes or substances may be located on the property,
only upon the prior written consent of the Lessor hereunder, and only in strict accord and
compliance with any and all applicable state and federal laws and ordinances. In the event such
materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly
herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor
or damages as may be assessed against Lessor in connection with or otherwise relating to said
hazardous materials, wastes or substances at anytime, without regard to the term of this lease.
This provision shall specifically survive the termination hereof.
28. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
29. ATTORNEY’S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then
the parties agree that each party shall bear its own attorney fees and costs.
Attachment number 1
Page 8 of 9
30. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract; any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
BOTTLENOSE PRODUCTIONS, LLC
By: __________________________________
Broderick Johnson, Co-President
AS TO LESSOR:
CITY OF CLEARWATER, FLORIDA
Countersigned:
_______________________ By:_____________________________
Frank V. Hibbard, Mayor William B. Horne II, City Manager
Approved as to form: Attest:
___________________________ ___________________________
Laura Mahony, Assistant City Attorney Cynthia E. Goudeau, City Clerk
Attachment number 1
Page 9 of 9
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O'Neil in the Agency or Government Representative
category, with terms to expire August 31, 2014, and appoint Joe DeCicco in the Agency or Government Representative category and
Barbara Green in the Resident category, with terms expiring August 31, 2014, to the Brownfields Advisory Board. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: **
MEMBERS: 9
MEETING DATE: As Called
PLACE: Determined when called
APPTS. NEEDED: 4
STAFF LIAISON: Diane Hufford
SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area;
Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of
Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields
remediation process within Pinellas County and need not be Clearwater residents
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH HAVE EXPIRED AND NOW REQUIRE
REAPPOINTMENT FOR A NEW TERM.
1. Jamie Andrian Blackstone – 305 Spring Ct., 33755 – Property
Investor/Liberal Arts
Original appointment – 5/4/2006
Interested in Reappointment: Yes (1st term expired 5/31/2010)
(Resident)
2. Patrick O’Neil – 8506 Poydras Lane, Tampa, FL 33635 – Sr. Planner
Office: TBRPC, 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33782
Original appointment – 5/4/2006
Interested in Reappointment: Yes (1st term expired 5/31/2010)
(Agency or Gov. Rep.)
THE FOLLOWING ADVISORY BOARD MEMBER(S) RESIGNED AND NOW REQUIRE REPLACEMENT BY A NEW
APPOINTEE.
1. Joyce Gibbs – 1343 Whispering Pines Drive, 33764 – Env. Science/BA
Natural Science
Original appointment – 6/17/2004
Resigned October, 2009 (No longer with Pinellas County Gov.)
(was serving 2nd term until 5/31/2012)
(Agency or Gov. Rep.)
2. Sioux Hart – 630 Fairmont St., 33755 – Financial Services
Original appointment – 9/6/2007
Resigned 5/19/10 – (Moved to CA)
(was serving 1st term until 9/30/2011)
Cover Memo
(Resident)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Joe DeCicco – City of Clearwater/Engineering Dept. – Environmental Specialist
(Agency or Gov. Rep.)
2. Barbara Green – 1101 Fairburn Ave., 33755 – President & CEOEmployer: Homeless Emergency Project, 1120 North Betty Lane,
33755
(Resident)
Zip codes of current members:
3 at 33755, 1 at 33761, 1 at 33764, 1 at 33765, 1 at 33782
Current Categories: 2 Agency or Government Rep.; 3 Business Owner or Rep.; 2 Resident
Review Approval:1) Clerk
Cover Memo
Attachment number 1
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Attachment number 2
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Attachment number 2
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Attachment number 3
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Attachment number 3
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Attachment number 4
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Attachment number 4
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Approve the Council Policies
SUMMARY:
The Council reviewed its policies at the June 1, 2010 Work Session. Revisions have been made based on direction provided.
Staff also recommends amending Policy 24E, Landscaping of City roads, to include consideration of ease and frequency of maintenance
in landscape material selection.
Staff requests the Council review Policy 20B, Sparkling Clearwater, and provide direction regarding whether changes are needed to
reflect current Council philosophy.
Finance is preparing an updated Investment Policy to present to Council at the August 18, 2010 Council Meeting.
Review Approval:1) City Manager 2) Clerk 3) City Manager 4) Clerk
Cover Memo
Revised 07/20/2010 i
CITY COUNCIL POLICIES
TABLE OF CONTENTS
Boards ....................................................................................................... Page 1
Representative Balance ......................................................................................1A
Ad Hoc Committee ..............................................................................................1B
City Representatives on Non-City Boards .......................................................... 1C
Non-Board Business Functions Sunshine Law .................................................. 1D
Special Request ..................................................................................................1E
Input to Other Boards/Committees ...................................................................... 1F
Letterhead .......................................................................................................... 1G
Campaign Material During Meetings .................................................................. 1H
Input from Advisory Boards ................................................................................. 1 I
City Representatives on Non City Boards (Deleted by Council 8-21-03) ............ 1J
Advisory Board Dinner Appreciation ...................................................................1K
Budget ................................................................................................ Pages 2-14
Balanced Budget.................................................................................................2A
Maintenance of Capital Plant and Equipment .....................................................2B
Budget Review Process ..................................................................................... 2C
Budgetary Position Control ................................................................................ 2D
General Fund Unappropriated Retained Earnings ..............................................2E
Capital Improvement Budget and Capital Improvement Plan ............................. 2F
Road Millage ...................................................................................................... 3G
Enterprise Funds................................................................................................ 3H
Enterprise Fund Transfer Payment ..................................................................... 3 I
Interfund Administrative Charge.......................................................................... 3J
Interfund Other Service Charge ..........................................................................4K
CRA Contribution to General Fund ..................................................................... 4L
Special Events Fee ............................................................................................ 4M
Accounting Procedures ...................................................................................... 5N
Review of Rate Schedules ................................................................................. 5O
Review of Annual Audit .......................................................................................5P
Investment Policy ............................................................................................... 5Q
Debt Management Policy ................................................................................. 11R
Central Insurance Reserve Policy .....................................................................13S
Clearwater Gas System Gas Supply Hedging Policy ........................................ 13T
City Council ...................................................................................... Pages 15-17
Resolutions .......................................................................................................15A
Proclamations ...................................................................................................15B
Representation on Boards ............................................................................... 15C
Citizen Inquiries-Responses ............................................................................ 15D
Departing Councilmembers’ Gifts .....................................................................16E
Travel ................................................................................................................ 16F
Fund Raiser ..................................................................................................... 16G
Staff Projects ................................................................................................... 16H
Annual Dinners ................................................................................................. 16 I
Televising Council Meetings ............................................................................. 17J
Information Available to Public and Press .........................................................17K
Distribution of Council Mail ............................................................................... 17L
Attachment number 1
Page 1 of 31
Revised 07/20/2010 ii
Table of Contents (contd)
Strategic Planning ............................................................................................ 18M
City Employees ....................................................................................... Page 19
Participating in Auctions ....................................................................................19A
Reimbursement of certain meal event……………………………………………..19B
General Administration ................................................................... Pages 20-23
Application Fee Waivers ...................................................................................20A
Sparkling Clearwater .........................................................................................20B
Fire Lanes ........................................................................................................ 21C
Copyright Fees................................................................................................. 21D
Renewal ............................................................................................................21E
Stationery .......................................................................................................... 21F
Welcome Letters .............................................................................................. 21G
Citizens to be Heard Response ....................................................................... 21H
Special Event Street Closure Limitation…………………………………………...21I
Road Side Memorials……………………………………………………………… 21J
City Sponsored Events………………………………………………………………21K
Land Development ........................................................................... Pages 22-25
Annexation Agreements ....................................................................................24A
Subdivision Monuments ....................................................................................24B
Petitions for Annexation ................................................................................... 24C
Easement – US 19 (Deleted by Council 8-21-03) ........................................... 24D
Landscaping of City Roads ...............................................................................24E
Parks & Recreation Card to Annexing Property ................................................ 24F
Waiver/reduction of Liens………………………………………………………… .. 25G
Legal ........................................................................................................ Page 26
Case Reports ....................................................................................................26A
Leisure .............................................................................................. Pages 27-29
Holiday Decorations ..........................................................................................27A
Library Donor Naming Recognition……………………………………………… ...27B
Amplification of Sound at City Venues…………………………………………… 28C
12 and 13 year Olds’ Use of Recreation Center Fitness Rooms……………… 28D
Attachment number 1
Page 2 of 31
Revised 07/20/2010 1
CITY COUNCIL POLICY
BOARDS
A. Representative Balance. When making appointments to a board, the City
Council will strive to assure the board has a balance of race, gender and
geographical area of the City represented.
B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc
committees or Task Forces.
C. City Representatives on Non-City Boards. Individuals Citizens
appointed by City Council to be the City’s representatives on non-City
Boards will serve no more than three consecutive terms. The
representatives shall keep the Council informed of the activities of the
boards by providing annual reports unless more frequent reports are
requested. Note: Policy C Revised and approved by Council 8-21-03
D. Non-Board Business Functions - Sunshine Law. In order to eliminate
the possibility or appearance of violation of the Sunshine Law, all boards
and committees appointed by the City Council are requested not to
schedule luncheons or other non-board business functions.
E. Special Request. Requests for special reports on projects will require
Council or City Manager’s approval prior to staff commencing efforts in
this regard.
F. Input to Other Boards/Committees. Upon majority approval, a board
may advise other boards or agencies regarding its position on issues but
may not represent that position as City policy.
G. Letterhead. Advisory Board letterhead may be used and staff assist when
correspondence is written on behalf of the entire board. Letterhead will
not be used by individual members expressing individual opinions and
concerns.
H. Campaign Material during Meetings. During City Council and board
meetings, board members will not display material supporting or opposing
candidates or issues on any election ballot.
I. Input from Advisory Boards. Staff will assure that input from advisory
boards regarding issues coming before the City Council is noted in the
City Council’s agenda items.
J. City Representatives on Non-City Boards (Note: Deleted by Council 8-
21-03)
K. Advisory Board Dinner Appreciation. Each recipient of an invitation to
the Annual Advisory Board Appreciation Dinner event may bring one
guest. Members should attend at least one meeting prior to being invited
to the annual dinner event.
Attachment number 1
Page 3 of 31
Revised 07/20/2010 2
CITY COUNCIL POLICY
BUDGET and FINANCE
A. Balanced Budget. It is a policy of the City Council to adopt a balanced
budget for all funds. The City will avoid budget and accounting practices
that balance the budget at the expense of future budgets. The City will
also avoid budgeting any unrealized investment gains due to the City’s
practice of holding investments until maturity.
B. Maintenance of Capital Plant and Equipment. It is a policy of the City
Council that the City’s budget will provide adequate funding for
maintenance of capital plant and equipment and the funding for their
orderly replacement.
C. Budget Review Process. It is a policy of the City Council to be provided
with a quarterly budget report comparing actual versus budgeted revenue
and expense activity.
D. Budgetary Position Control. It is a policy of the City Council that the
total number of permanent full-time and part-time positions (full-time
equivalents) approved in the annual operating budget may not be
exceeded without prior approval of the authorized staffing level.
E. General Fund Unappropriated Retained Earnings. It is a policy of the
City Council to maintain a General Fund reserve equal to 8% of the
subsequent year's budgeted expenditures as a contingency fund to meet
unanticipated financial needs. Should funds in excess of 8% be available
in any fiscal year, these funds shall be identified as available, and may be
appropriated by the Council for specific Capital Improvement Projects or
other one-time needs.
In addition, the City Council will maintain an additional General Fund
reserve equal to ½% of the subsequent year’s budgeted expenditures to
fund unanticipated retirements of General Fund long-term employees
during the given fiscal year. Any appropriations approved by the City
Manager during the year, for this purpose, will be noted in the City
Manager’s quarterly budget report.
F. Capital Improvement Budget and Capital Improvement Plan. It is a
policy of the City Council to adopt a six-year Capital Improvement Plan
and Budget which summarizes the project scope, estimated cost
estimates by project, method of financing, and anticipated operating costs
of each project.
Attachment number 1
Page 4 of 31
Revised 07/20/2010 3
Budget and Finance (contd.)
G. Road Millage. In order to maintain the City’s sidewalks and streets
(including curbs and bridges), a road millage will be designated as a part
of the annual budget process. Priorities will be determined first on
functional and safety considerations. Road Millage may be used for
aesthetic repairs.
H. Enterprise Funds. It is a policy of the City Council that all Enterprise
Fund operations shall be self-supporting, and shall pay administrative and
other appropriate service charges to General Fund Operations for support
at a level determined by the City Council.
I. Enterprise Fund Transfer Payment. It is a policy of the City Council that
the specific enterprise operations designated by the City Council shall
annually transfer to the General Fund an amount determined appropriate
to be considered reimbursement in lieu of taxes. The current rate is 5.5%
of prior year gross revenues.
April 1989 policy adopted by councilmembers established this rate
at 4.5% of prior-year gross revenues. This proportionate rate was
adopted to accommodate growth, and replaced prior years' policy
of a prescribed dollar contribution. Other than the exceptions noted
below, the rate of 4.5% remained in effect until the City Council
adopted the amended rate of 5.5% in September 2005.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Council agreed to replace the Gas Support contribution with a
franchise fee from natural gas customer accounts payable to the
General Fund. This, in combination with the Gas dividend, offered
the General Fund the same level of support as fiscal year 1995/96.
The Gas System Dividend will be a minimum of $1,000,000 plus a
PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such
PILOT fee will be paid by the Gas Franchise Fees to offset such
PILOT payment. When the Gas System Net Income less Bond
Interest Earnings exceeds $2.0 million for any fiscal year, the Gas
Dividend payment for the next fiscal year will be one half of that
amount.
In September 2000, with the adoption of the 2001/02 Annual
Operating Budget, the City Council expanded this policy, which had
previously been imposed only on the utility enterprises, to include
an annual payment in lieu of taxes from the Marine and Airpark
Fund. At the current time, the Parking Fund has not been imposed
such a payment. (In FY 2009 the Parking Fund began paying the
PILOT)
J. Interfund Administrative Charge. It is a policy of the City Council that
an allocation shall be made annually distributing the costs for
administrative support departments among all operating departments.
This distribution shall be proportionately based on the operating
Attachment number 1
Page 5 of 31
Revised 07/20/2010 4
department's annual budget, and shall not be charged to General Fund
departments.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Council agreed to maintain the same charge for administrative
support from the Gas Fund for fiscal year 1995/96 which will be
increased annually by estimated the cost of salary increase index
(fiscal year 2001/02 - 5%).
Beginning in fiscal year 2001, the City Council approved an
adjustment to the Gas Fund charge increasing the charge by
$325,000 over the computed amount to bring the Gas Fund more in
line with the proportionate amount calculated in the same manner
as the Other Enterprise Funds.
Due to the nature of the Harborview Fund, this enterprise operation
is not charged this fee.
K. Interfund Other Service Charges. It is a policy of the City Council that
the cost of services provided to Enterprise Fund Departments by General
Fund Departments shall be charged to, and paid by the Enterprise Fund.
L. CRA Contribution to General Fund. It is the City's policy that services
provided for administrative support to the Community Redevelopment
Agency (CRA) by City employees shall be reimbursed to the General
Fund. Such reimbursement shall be approximate actual costs incurred by
the department, together with any associated costs.
M. Special Event Fees. The Special Events Committee will review
applications for use of City beaches, sidewalks, outdoor recreation open
space and rights-of-way. Sponsoring organizations will be responsible for
the costs of all City services needed in conjunction with the events unless
they are City sponsored or co-sponsored events.
The City Council may waive all or a portion of fees and related charges for
City sponsored or co-sponsored events, including, but not limited to Fun 'N
Sun, Jazz Holiday, July 4th, Turkey Trot, Iron Man and Martin Luther King
Parade. There shall be an annual review of City sponsored/co-sponsored
events during the budget process. An agenda item confirming co-
sponsorship and waiver of fees for those to be submitted in the budget will
be brought for City Council acceptance in March of each calendar year.
All items accepted by the Council are then to be included in the
appropriate department’s budget. Only after the item is passed as part of
the approved budget is the item considered to be funded.
In the event additional monies are requested beyond what is included in
the approved budget, City Council approval will be needed before said
additional funds are appropriated. Note: Policy M Revised and approved
by Council 8-21-03
Attachment number 1
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Budget and Finance (contd.)
N. Accounting Procedures. It is a policy of the City Council to establish
and maintain a standard of accounting practices on a basis consistent with
Generally Accepted Accounting Procedures (GAAP), and the
Governmental Accounting Standards Board (GASB), and the standard
practices of the Government Finance Officers Association of the United
States and Canada (GFOA).
The City will also comply with the rules of the Auditor General and the
Uniform Accounting System as required by the State of Florida.
O. Review of Rate Schedules. It is a policy of the City Council to review
rate schedules of the City of Clearwater at a minimum of every 5 years.
The purpose of the review will be to assure rates are set in a manner to be
fair and equitable while covering the City’s cost to provide the service.
Unrestricted fund balances (working capital reserves) should be
maintained at a level equivalent to at least three months’ operation and
maintenance expense.
P. Review of Annual Audit. It is a policy of the City Council to have a
Certified Public Accounting firm perform an annual audit on all of the City’s
funds. A work session will be held each year within 60 days of the release
of the annual financial audit of the City. At that time, the overall financial
condition of the City and its enterprise funds will be reviewed.
Q. Investment Policy.
(1) SCOPE
The statement of investment policy and guidelines applies to all
investments of the City's pooled cash, which includes cash and
investment balances of the following funds:
• General
• Special Revenue
• Debt Service
• Capital Projects
• Enterprise
• Internal Service Funds
• Trust Funds
The policies set forth do not apply to the Employee Pension and
Deferred Compensation Funds of the City of Clearwater, deposits for
defeased debt, or assets under Bond Trust Indenture Agreements.
(2) INVESTMENT OBJECTIVES
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary
to the safety of capital. Each investment transaction shall seek to first
ensure that capital losses are avoided.
Attachment number 1
Page 7 of 31
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Budget and Finance (contd.)
From time to time, however, securities may be traded for other
similar securities to improve yield, maturity or credit risk. For these
transactions, a loss may be incurred for accounting purposes, providing
any of the following occurs with respect to the replacement security:
• The yield has been increased, or
• The maturity has been reduced, or
• The quality of the investment has been improved
B. The City's investment strategy will provide sufficient liquidity to meet
the City's operating, payroll and capital requirements. To accomplish this
the portfolio will be "laddered" with maturates each month except for
those months in which significant Ad Valorem taxes are received. To the
extent possible, the City will attempt to match its investments with
anticipated cash flow requirements. Unless matched to a specific cash
flow requirement, the City will not directly invest in securities maturing
more than 15 years from the date of purchase. And unless, specifically
matched against a debt or obligation not more than 10% of the portfolio
will have a maturity greater than 10 years.
C. The City's investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic
cycles, taking into account the City's investment risk constraints and the
cash flow characteristics of the portfolio.
(3) PERFORMANCE MEASUREMENT
The benchmark yield for the operating portfolio will be the weighted
average yield determined by using the following maturity distribution and
the related U.S. Treasury yields. Treasury yields are considered
benchmark for riskless investment transactions and, therefore comprise
a minimum standard for the operating portfolio's rate of return. The
investment program shall seek to augment returns above this threshold,
consistent with risk limitations identified herein.
Average Treasury Rates Percentage Distribution
Overnight rate 25%
3 month Treasury Bill rate 20%
6 month Treasury Bill rate 15%
1 year Treasury Bill rate 20%
3 year Treasury Note rate 20%
___________
Total 100%
Attachment number 1
Page 8 of 31
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Budget and Finance (contd.)
(4) PRUDENCE AND ETHICAL STANDARDS
The standard of prudence to be applied by the investment officer shall be
the "Prudent Person" rule, which states: "Investments shall be made
with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable
income derived." The "Prudent Person" rule shall be applied in the
context of managing the overall portfolio.
(5) AUTHORIZED INVESTMENTS
1. The City shall limit investments, as authorized in Florida
Statutes to:
a. Direct obligations, the United States Treasury.
Investments in this category would include but not be limited to the
following: United States Treasury Bills, Notes and Bonds, and securities
issued by the Small Business Administration, Government National
Mortgage Association (Ginnie Mae), Veterans Administration, and
Federal Housing Administration.
b. Federal Agencies and instrumentalities. Investments in
this category would include but not be limited to the following: obligations
of the Federal Home Loan Banks System (FHLB) or its distinct banks,
Financing Corporation (FICO), the Federal Farm Credit Bank, Federal
National Mortgage Association (Fannie Mae), Federal Home Loan
Mortgage Corporation (Freddie Mac), Student Loan Marketing
Association (Sallie Mae), Financial Assistance Corporation and Federal
Agriculture Mortgage Corporation (Farmer Mac).
c. Securities and Exchange Council registered money
market funds with the highest credit quality rating from a nationally
recognized rating agency.
d. Interest-bearing time deposits or savings accounts, in a
qualified Public Depository as defined in s. 280.02 FS.
e. Debt issued by the State of Florida or any political
subdivision thereof including pools.
f. Securities of, or other interests in, any open-end or
closed-end management-type investment company or investment trust
registered under the Investment Company Act of 1940, 15 U.S.C. ss.
80a-1 et seq., as amended from time to time, provided that the portfolio
of such investment company or investment trust is limited to
obligations of the United States Government or any agency or
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Page 9 of 31
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Budget and Finance (contd.)
instrumentality thereof and to repurchase agreements fully
collateralized by such United States Government obligations, and
provided that such investment company or investment trust takes
delivery of such collateral either directly or through an authorized
custodian. Repurchase Agreements and reverse repurchase
agreements collateralized by securities otherwise authorized in this
policy.
g. The Local Government Surplus Funds Trust Fund or
any intergovernmental investing pool authorized pursuant to the Florida
Interlocal Cooperation Act as provided in s. 163.01.
h. Commercial paper of prime quality of the highest letter
and numerical rating as provided for by at least one nationally recognized
rating service.
(6) Maturity and Liquidity Requirements
A. The City will attempt to forecast expected cash outflows and
inflows by major categories. For months that the outflows exceed inflows
the City will have investments maturing that month in excess of the
forecasted deficits.
B. As stated above the City will ladder it's maturates so that there
are maturates each month with the exception of months when the
majority of Ad valorem taxes are received.
C. The City will attempt to keep the weighted average maturity to
three years or less. Due to market conditions and cash needs the
average maturity may temporarily be greater than three years but no
greater than four years.
(7) Portfolio Composition, Risk and Diversification
Assets held shall be diversified to control risk of loss resulting from over-
concentration of assets in a specific maturity, issuer, instrument,
dealer/broker, through which these instruments are bought and sold.
The following maximum limits apply to the portfolio:
Maturity date 10% Specific instrument 8%
Specific issuer 40% Specific dealer/broker 33%
Commercial paper 25% CMOs and REMIC 33%
Attachment number 1
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Budget and Finance (contd.)
Diversification strategies within the established guidelines shall be
reviewed and revised periodically as necessary by the Investment
Committee.
(8) Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this
policy will be purchased only from Qualified Public Depositories of the
State of Florida as identified by the State Treasurer, in accordance with
Chapter 280 of the State Statutes.
B. Broker/Dealer Approvals and Limitations - Time, practicality, and
general business constraints limit the number of investment relationships
which can be managed on a regular basis. In most cases, normal
investment activity will be limited to no more than ten dealer
relationships. A broker/dealer list will be established by the Finance
Director or designee. This list will be presented to the Investment
Committee for approval. This list will be updated as needed and
approved by the Investment Committee.
(9) Third-Party Custodial Agreements
All securities shall be held by a third party safekeeping company. All
purchases by the City under this policy shall be purchased using the
"delivery versus payment" procedure. For all purchases and sales of
securities the third party custodial will be notified by fax of the transaction
including all details of the securities purchased or sold. The notification
will be signed by two individuals authorized to make investment
decisions.
(10) Master Repurchase Agreement
All approved institutions and dealer transacting repurchase agreements
shall be covered by a Master Repurchase Agreement. All repurchase
agreement transactions shall adhere to the requirements of the Master
Repurchase Agreement.
(11) Bid Requirements
After the Finance Director or designee has determined the appropriate
maturity based on cash flow needs and market conditions and has
selected one or more optimal type of investment, the security in question
shall, when feasible and appropriate, be competitively bid. Competitive
bids or offerings shall be received from at least three dealers/brokers on
all sales or purchases except in situations where:
Attachment number 1
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Budget and Finance (contd.)
A. The security involved is a ‘new issue’ and can be purchased ‘at
the auction’.
B. The security has a fixed "postal-scale" rate.
C. The security involved is available through direct issue or private
placement.
D. The security involved is of particular special interest to the entity
and dealer competition could have an adverse impact with respect to the
price and availability to the City.
It is also realized that in certain very limited cases the City will not be
able to get three quotes on a certain security. For those cases the City
will obtain current market prices one of the following to determine if the
transaction is in the City's best interest:
1. Bloomberg Information Delivery System.
2. Wall Street Journal or a comparable nationally recognized financial
publication providing daily market pricing.
3. Daily market pricing provided by the City's Custody Agent or their
corresponding institution.
(12) Internal Controls
The Finance Director shall establish and monitor internal and procedural
controls designed to protect the City's assets and ensure proper
accounting and reporting of the transactions related thereto. The internal
controls will be designed to prevent losses of funds which might arise
from fraud, employee error, misrepresentations by third parties, or
imprudent actions by employees of the City. All buy and sell
communications with the third party safekeeping company will be signed
by two individuals authorized to make investment decisions. The
internal controls developed under this policy shall be reviewed by the
independent auditors as a regular part of their audit of the City.
The Finance Director shall establish an Investment Committee that
meets on a regular basis for the purpose of reviewing investment
transactions, approving brokers/dealer changes and other investment
activities.
(13) Reporting
The Finance Director or designee shall report on at least an annual basis
the following information on the City's investments:
A. Securities by class/type.
B. Book Value
C. Market Value
D. Income Earned
Attachment number 1
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Budget and Finance (contd.)
(14) Continuing Education
The chief investment officer will complete no less than 8 hours of
continuing educational opportunities on investment practices each
fiscal year. The chief investment officer will have sufficient knowledge
and education to invest in any and all of the securities listed above.
R. Debt Management Policy This policy is to establish criterion and
procedures for the issuance of debt financing by the City. This Debt Policy
confirms the commitment of the City Council, management, staff, advisors and
other decision makers to adhere to sound financial management practices,
including full and timely repayment of all borrowings, and achieving the lowest
possible cost of capital within prudent risk parameters.
The City shall employ the use of debt to compliment the significant recurring
commitments of annual appropriations for capital purposes in a way that is fair,
reasonable, and equitable to each generation of taxpayers, ratepayers, users
and other beneficiaries.
1. General:
A. The City shall seek to maintain their high bond ratings so borrowing
costs are minimized and access to credit is preserved.
B. The City may utilize debt obligations to refinance current debt or for
acquisition, construction or remodeling of capital Improvement projects
that cannot be funded from current revenue sources or in such cases
wherein it is more equitable to the users of the project to finance the
project over its useful life.
C. The useful life of the asset or project generally must exceed the
payout schedule of any debt the City assumes.
D. The City will analyze funding alternatives to minimize the cost impact
of debt structures on the taxpayers or ratepayers.
E. The outstanding debt will be reexamined periodically to determine
whether an economical advantage exits for refinancing the outstanding
debt given changes in the interest rate and bond market. As a
general rule, the present value savings of a particular refunding should
exceed 5% while maintaining a similar maturity schedule to the original
debt.
2. Type and Structure of Debt:
A. Any legally allowable debt may be used for financing capital
improvements; this includes, but is not limited to, short-term and long-
term debt, general obligation and revenue debt, fixed and variable
rate debt, lease-backed debt, conduit issues, and taxable debt. The
use of zero coupon bonds, capital appreciation bonds, deep discount
bonds, and premium bonds may be considered.
B. The City may consider the use of credit enhancements (letters of
credit, bond insurance, surety bonds, etc) when such credit
enhancements proves cost-effective.
Attachment number 1
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Budget and Finance (contd.)
C. When fiscally advisable and when consistent with contractual
obligations, the City shall lease purchase capital equipment.
Generally, equipment will have a monetary value $25,000 or more
and a minimum life expectancy of three years. The debt service on
the lease purchase items shall be paid by the user department.
3. Issuance of Obligations
A. Selecting Service Providers:
1) The City may retain an independent financial advisor for
advice on debt structuring, the rating review process,
marketing debt issuances, sale and post-sale services and
to prepare and/or review the official statement.
2) The City may also retain independent bond counsel and
disclosure counsel for legal and procedural advice on all
debt issuances.
3) As necessary, the City may retain other service advisors,
such as trustees, underwriters, and pricing advisors.
4) Any process utilized to select professional service
providers in connection with the City’s debt program shall
be in conformance with City purchasing policies,
procedures and requirements.
The objectives of the process will be to:
a) Promote competition
b) Be as objective as possible
c) Incorporate clear and rational selection criteria
d) Be independent of political influence
e) Be perceived as fair by the respondents
f) Result in a cost-effective transaction
g) Result in the selection of the most qualified firm
h) Eliminate conflict of interest
B. Method of Sale
1) Competitive Sale. The City will generally seek to issue its
bond obligations in a competitive sale. Other methods may
be used if it is determined that such a sale method will not
produce the best results for the City.
2) Negotiated Sale. The City may elect to sell its bond
obligations through a negotiated sale. This method will
usually be considered when the bond issue is refunding a
prior issue or there is a unique or unusual component to
the bond issue.
3) Private Placement. When determined appropriate, the City
may elect to sell its debt obligations through a private
placement or limited public offering.
C. Maturity of the debt
1) Bonds will generally not have more than a thirty-year duration.
2) Lease Purchase debt will generally not have more than a five-
year duration. Note: Policy R was revised and approved by
Council 6/19/03
Attachment number 1
Page 14 of 31
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Budget and Finance (contd.)
S. Central Insurance Reserve Policy It is a policy of the City Council to
maintain a Central Insurance Fund reserve to guard against unforeseen or
uninsured costs or increases in property, workers’ compensation, health or
liability insurance. The target minimum balance for this reserve is equal to
75% of the actuarially calculated self-insurance reserve liability. If
reserves are drawn down below the above target minimum balance, the
City will develop a plan to replenish the reserves, generally within five (5)
years.
Note: Policy S was revised and approved by Council 09/20/2007.
T. Clearwater Gas System Supply Hedging Policy It is a policy of the City
Council to limit the financial risk to Clearwater Gas System (CGS) of
natural gas purchases by Hedging a portion of its gas supply needs with
the intention of reducing price volatility for the residential, commercial, and
industrial customers of CGS. Hedging amounts for a specified period of
time will NOT exceed the expected average natural gas energy usage
over that time period.
The City Representative shall issue a Directive to Florida Gas Utility
(FGU) in the event that CGS would like FGU to take any action with
respect to a Financial Product on its behalf. The General Manager of
FGU shall not be authorized to enter into a Financial Product on a system-
wide basis for CGS without a Directive from the City Representative.
Financial Products shall be purchased or otherwise acquired for the
purpose of risk management and, to the extent possible, shall be entered
into in such a manner as to meet applicable accounting standards as a
“hedge” for accounting purposes; provided that the failure to obtain any
particular accounting treatment with respect to a Financial Product shall
not form a basis for challenging or otherwise calling into question the
legality and enforceability of a Financial Product entered into pursuant to a
Directive. CGS shall not engage in any purchase or acquisition of
Financial Products for Speculation.
In the event if any inconsistency between the terms of this Policy and any
existing agreement between FGU and CGS, including, without limitation,
the All Requirements Gas Services Agreement, dated as of February 15,
2002 and as amended from time to time, between FGU and CGS and
entered into pursuant to Resolution No. 02-02 the City of Clearwater,
Florida, the terms of such agreement shall prevail.
1. City Representative – A representative of the City of
Clearwater, Florida, who can authorize a Directive with
respect to Financial Products, which term shall include,
without limitation, any person designated as a “member
representative” or “project participant representative”
under an agreement between FGU and the City of
Clearwater, Florida.
Attachment number 1
Page 15 of 31
Revised 07/20/2010 14
2. Directive – An instrument, in writing, executed and
delivered by a City Representative that gives directions to
FGU, or otherwise authorizes actions by FGU, with
respect to Financial Products and the related Financial
Instruments.
3. Financial Instruments – One or more agreements entered
into with respect to Financial Products by and among the
parties thereto, which may include FGU, CGS, or both, or
any other third party or counterparty thereto, and such
term shall expressly include, without limitation, any
assignment or termination agreement related to Financial
Products by FGU, CGS, or both.
4. Financial Products – Swaps, options, caps, collars,
floors, forwards, futures contracts, and any other Hedging
transactions, and any combination of the foregoing,
whether executed “over-the-counter” pursuant to private
agreement of “exchange-traded” on one or more
regulated contract markets.
5. Hedge – To minimize or protect against loss by
counterbalancing one transaction against another or
otherwise mitigating economic risk. The term “Hedging”
shall be construed accordingly.
6. Speculation – Using Financial Products in a manner not
reasonably expected to reduce the risk associated with
CGS business activities.
Note – Policy T was adopted on December 2, 2004.
Attachment number 1
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CITY COUNCIL POLICY
CITY COUNCIL
A. Resolutions. An individual Councilmember may request a resolution.
However, prior to preparation of the resolution, there must be a majority
of the Councilmembers agreeing to do so.
B. Proclamations. The City of Clearwater will consider issuing
proclamations from all segments of the community without regard to
gender, race, ethnicity or handicap. Proclamations will not be issued to
individuals, companies, “for profit” organizations, profit making agencies,
political organizations or religious organizations.
C. Representation on Boards. Councilmembers are asked to serve on
various regional and governmental boards. Boards/Committees may be
added or deleted from time to time. These duties should be distributed
equitably among the Councilmembers. Appointment of Council members
to these boards shall be evaluated annually in April.
Whenever possible, a Council representative on a board or committee will
receive Council input prior to taking a position regarding issues coming
before that board. The representing Councilmember shall vote in
accordance with the stated position of the majority of the Council. If it is
not possible to obtain Council input the Councilmember is to act to the
best of their ability in the city's interest and with prior Council positions in
mind.
Periodic review of the actions of these boards and committees is desirable
and the representing Councilmember should coordinate these reports.
D. Citizen Inquiries - Responses.
1. Generally responses should be in the same form as received, i.e.
letter with letter. However, when deemed to be more appropriate a
different form may be used.
2. Inquires addressed to a specific Councilmember will be responded
to by that Councilmember.
3. Inquires addressed to the whole Council, whether in one letter or
duplicate letters to all Council members will be answered factually by
the Mayor with an introductory phrase of "On behalf of the Clearwater
City Council." Policy responses shall require consultation with other
Councilmembers prior to being sent. Mail will be routed to the
appropriate staff to draft a response. Individual Councilmembers are
not precluded from responding individually to express their opinion.
Attachment number 1
Page 17 of 31
Revised 07/20/2010 16
City Council (Cont.)
4. Inquiries received which are not specifically addressed to the Council
or its members will be answered by the City Manager or designated
staff member.
5. Copies of correspondence received will be distributed to all
Councilmembers with an indication of who will prepare a response.
6. Copies of letter or e-mail responses to inquiries addressed to the
Council or a Councilmember will be provided to all Councilmembers.
7. Form letters or emails may be acknowledged but will not require a
customized response.
E. Departing Councilmembers’ Gifts. Departing gifts shall be chosen in
consultation with the outgoing members. The value of the gifts shall be a
maximum of $300 for one full term, $500 for two full terms and $600 for
more than two full terms.
One full term. Plaque, nameplate, letter, pewter tray with seal, Council
pictures.
Two full terms. Plaque, nameplate, letter, fax machine or City watch,
Council pictures.
Three of more full terms. Plaque, nameplate, ring, collage or album, tray
with seal, letter, gag gift, caricature.
F. Council Travel. Payment for travel expenses shall be in keeping with the
charter and the City’s travel code. Specific amounts of the Council’s travel
budget shall be allocated to each Council member during annual budget
preparations. At the end of each fiscal year Council members shall
provide a report detailing that year’s travel. Council approval shall be
obtained prior to any member exceeding their annual allocation for travel.
Note: Policy F Revised and approved by Council 8-21-03
G. Fund Raisers. It shall be at the discretion of individual Councilmembers
whether or not to accept invitations to fund raising activities. Expenses
incurred by acceptance are not reimbursable. City employees will not
attend these functions as City representatives.
H. Staff Projects. A Councilmember shall request staff research or projects
only through the City Manager or City Attorney in accordance with the City
charter. Any request that, in the determination of the City Manager or City
Attorney, will take longer than 8 hours must be approved by a majority of
the Council. The results of such research or projects, except for legal
advice to an individual, will be shared with all council members.
I. Annual Dinners Events. Newly elected Councilmembers shall be invited
to the annual Phillies dinner and advisory board dinners appreciation
event.
Attachment number 1
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City Council (Cont.)
J. Televising Council Meetings. All regular City Council meetings and work
sessions will be televised on C-View. Efforts will be made to also televise
specially scheduled meetings and work sessions. However, there will be
times when this is not possible, or practical. No closed door
attorney/client or bargaining sessions will be televised
K. Information Available to Public and Press. All material prepared by the
City Manager and City Attorney for the Council shall be provided to the
press and to the public via the Official Records and Legislative Services
Department. Note: Policy K Revised and approved by Council 8-21-03
L. Distribution of Council Mail. All mail to the Mayor and the
Councilmembers arriving at City Hall received pursuant to the law or in
connection with the transaction of official business by the City of
Clearwater shall be copied as follows:
Councilmembers will receive the original of items addressed to them
whether anonymous or not. Copies of everything will be made for the
Official Records and Legislative Services Department, the Legal
Department, and the public information file. Mail will be delivered to the
Council at least once per week. On days mail is not delivered, incoming
mail will be faxed to each Councilmember.
Other anonymous letters and suggestions will not be distributed but will be
maintained in the City Manager's Office.
Publications and lengthy agenda materials for other boards upon which
the Councilmembers serve will not be copied. Only the agendas will be
copied and distributed. Items of considerable length (such as petitions)
will not be copied, but instead a memo will be distributed announcing the
availability of the item in the office.
Mail with the words similar to “Personal”, “Confidential”, or “For the
Addressee Only” will be delivered unopened to the addressee.
The Mayor and Councilmembers receiving individually addressed mail will
be responsible for replying, asking the City Manager or City Attorney to
reply, or placing the matter on the agenda for formal Council
consideration.
The City Manager will be responsible for seeing that mail addressed to the
Council as a whole is properly answered or placed on the agenda.
The City Manager will discuss with the Mayor malicious mail.
Attachment number 1
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City Council (Cont.)
All e-mails received by the Councilmembers in their individual city email
account will be forwarded to the Council Assistant for distribution, or email
forwarding, in the same manner as other "hard copy" mail. The following
emails will not be forwarded: SPAM/JUNK, broadcast general information
or solicitation or items pertaining to scheduling.
Emails or "hard copy" mail relating to city business, sent directly to a
councilmember's home or private business, or hand delivered, shall also
be forwarded to the Council Assistant for distribution.
M. Strategic Planning. Each year the City Council shall meet in a strategic
planning session(s). The meeting(s) will review the five-year financial
forecast and update as necessary, the City's Mission, Values and Vision
Statements. From these documents a five-year strategic plan will be
developed. The five-year strategic plan will become the basis for the
annual City Manager and City Attorney Objectives, and the City's annual
budget process for the next fiscal year.
Attachment number 1
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CITY COUNCIL POLICY
CITY EMPLOYEES
A. Participating in Auctions. City employees and Councilmembers are
prohibited from participating in City auctions involving the sale of property
which has either been abandoned and confiscated, acquired with public
funds or which has otherwise come into the possession of the City. They
may attend as spectators but may not bid on or purchase items offered for
sale. All actions that would lead to perceptions of participation, such as a
family member bidding on items, should be avoided. It is the intent of this
policy to avoid giving "insider" information or a profit motive to employees
or their families in the disposal of surplus items.
B. Reimbursement of certain meal events. The City Manager will
determine when it is appropriate to reimburse city employees for meal
costs associated with recognition, award and business related functions.
Attachment number 1
Page 21 of 31
Revised 07/20/2010 20
CITY COUNCIL POLICY
GENERAL ADMINISTRATION
A. Application Fee Waivers. Generally, building permit, occupational
license, plan review and zoning-related application fees will not be waived
except for City projects and other governmental agencies. If staff believes
special conditions exist, such requests may be brought to the Council for
consideration. Application fee waivers for governmental agencies will
include all governmental projects including those in which the
governmental agency is leasing property from a third party, providing the
governmental agency is the entity which applies for and obtains the
permit. PACT will be considered a governmental entity when considering
application fee waivers.
NOTE: The City Clerk's research regarding waiver of application fees
shows the following:
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundation - waive building permit fees
Pinellas County - waived building permit fees for work done by County
forces; waive fees for variance application
State of Florida - waive fees for variance applications
Clearwater Ferry - waive building permit fees
St. Petersburg Jr. College - refunded building permit fee for parking lot
None of the above includes waiving impact fees.
B. Sparkling Clearwater. In order to maintain and enhance the image of
Sparkling Clearwater, the Council supports staff in enhanced solid waste
recycling and conservation projects, tightening and increasing
enforcement of codes (i.e., fence landscaping, prohibition of banners, lot
clearing, etc.). Staff is also directed to place a greater emphasis on and
coordinate aesthetic consideration on site plans and other development
review (i.e., placement of dumpsters, fencing of dumpsters, property
landscaping and landscaping of parking lots including perimeter
plantings). Litter cleanup and "adopt a street or park" programs are
encouraged. Educational and incentive programs for both City staff and
the public addressing this issue should be developed.
C. Fire Lanes. Fire Department personnel will participate in the enforcement
of parking violations pertaining to fire lanes and fire hydrants.
Attachment number 1
Page 22 of 31
Revised 07/20/2010 21
General Administration (contd.)
D. Copyright Fees. The City shall pay the necessary copyright fees to
ASCAP for those concerts in the bandshell co-sponsored by the City. The
City shall provide a monthly report to ASCAP regarding activities in the
bandshell and ASCAP shall be responsible for collecting the fees from
bands participating in non-City sponsored programs. In addition, the City
shall pay the necessary copyright fees to BMI for showing movies at
various recreation centers.
E. Renewal.
All renewals of agreements the City has with organizations or tenants
should be presented to the Council at least sixty (60) days prior to the
expiration of the original term.
F. Stationery. The City shall have one form of stationery on which the City
seal will be imprinted. Paper stock will be recyclable. Other forms in
supply will be allowed to be used until said supply is depleted.
Exception: The Gas Division may continue to use its logo but the City
Seal must be located somewhere on the stationery.
G. Welcome Letters. Upon adoption of an Annexation Ordinance staff will
prepare a letter for the Mayor’s signature welcoming the property owner to
Clearwater.
H. Citizens to be Heard Response. When appropriate, responses will be
sent to those addressing the Council under Citizens to be Heard regarding
Items not on the Agenda.
I. Special Event Street Closure Limitation. Street closures for special
events shall be limited to two (2) per calendar year requested by any one
non-profit or for-profit organization. The City of Clearwater shall be
exempt from this limitation. The City shall comply with any Florida
Department of Transportation policies regarding street closures of state
roads.
J. Roadside Memorial Marker Program.
The purpose of this policy is to establish the guidelines for the placement of
standardized roadside memorials for people that have died as a result of a motor
vehicle, pedestrian or bicycle crash within City maintained right-of-way on
segments of roadway in incorporated Clearwater.
The City of Clearwater, Traffic Operations Division, is responsible for the
implementation of the Roadside Memorial Marker Program.
The policy will apply to fatalities occurring after January 1, 2005.
Attachment number 1
Page 23 of 31
Revised 07/20/2010 22
The installation of a roadside memorial marker will be processed in accordance
with the following:
Requests for a memorial marker shall be submitted in writing to the Traffic
Operations Division of Engineering by filling out a Memorial Marker Request
Form. The form will be available online from the City’s website or by calling the
City. Requests may be made by immediate family members or friends.
Requests from friends require written approval from the deceased’s immediate
family.
Memorial markers will be designed, constructed and installed by the Clearwater
Traffic Operations Division. The Traffic Operations Division will be responsible
for designing the sign and ensuring proper and safe placement – the exact
location will be at the discretion of the City.
Memorial markers will not be allowed within the limits of active construction work
zones.
There shall be no activities while the memorial marker is in place that pose a
safety hazard to the public or that violates any provision of Chapter 316 of the
Florida Statutes concerning stopping, standing, parking, or obstruction of traffic
on public roads.
Memorial Markers will only be installed in residential areas where fatalities
occurred with the written permission of the resident whose property is abutting
the residential right of way where the memorial is to be placed.
The requesting citizen will be notified once the installation is complete.
Memorial markers will be allowed to remain in place f or one year after installation
unless earlier removal is necessitated by construction activities. After one year
the sign will be removed by City forces.
The memorial marker shall be a 15” diameter aluminum sign with a white
background and black letters.
The sign message will state ‘Drive Safely – In memory’, and the family will have
the option of adding the deceased’s name to the sign.
As an option, the City can offer an alternate safety message to the ‘Drive Safely’
legend if desired by the family that would be specific to the type of crash, and as
long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive’, ‘Buckle
Up’, ‘Slow Down’, etc.
The sign will be mounted at a height of 3.5’ (42”) from the ground to the top of the
sign.
Attachment number 1
Page 24 of 31
Revised 07/20/2010 23
The applicant will incur the cost of design, construction, installation,
maintenance, and removal of the memorial marker. This cost is $300.00. Upon
request the sign becomes the property of the applicant.
K. City Sponsored Events. Events sponsored by the City, such as Volunteer
Recognition, Advisory Board Appreciation, etc., shall be held within the City
limits of Clearwater, unless the cost for a venue outside the City limits is at
least 20% less.
Attachment number 1
Page 25 of 31
Revised 07/20/2010 24
CITY COUNCIL POLICY
LAND DEVELOPMENT
A. Annexation Agreements. The City Manager is authorized to approve
routine annexation agreements involving one existing or proposed
residences. Where a discrepancy exists regarding land use designations,
right-of-way requirements, or any other circumstances, administrative
approval is not authorized. A quarterly report of administrative approval is
requested.
B. Subdivision Monuments. New entranceway landscaping, monuments,
signage, and walls shall not be allowed within the public rights-of-way of
the City of Clearwater. Such special treatments are to be upon private
property and in accordance with all applicable codes and regulations. The
owners of all existing entranceway features occupying public property are
to execute an agreement with the City of Clearwater wherein owners
agree to keep all features in good repair, hold the City harmless for any
liability arising from the use of the public right-of-way, and provide a
$500,000 liability insurance policy. Upon failure of the owners to execute
such agreement and provide the required insurance policy after forty-five
days from written notice, or by tagging the structure when owners cannot
be determined, or upon failure of the owners to repair or maintain any
feature of the site which has fallen in disrepair after similar notice, the
Public Works Department is to remove all such materials occupying the
public right-of-way.
A wooden sign with breakaway features approved by the City Engineer
may be allowed within the public right-of-way when associated with a city
approved “Adopt a (fill in name)” program, and is to be limited to a size
necessary to name the sponsoring agency in 3-inch letters. Such sign to
be a maximum height of 18-inches.
C. Petitions for Annexation. Request to be made that all contiguous parcels
under the same ownership be annexed simultaneously.
D. Easement – U.S. 19 (Note: Deleted by Council 8-21-03)
E. Landscaping of City Roads. Whenever possible, landscaping will be a
part of City road and street improvement/construction projects. When
landscaping is a necessary and integral part of a City road or street
improvement/construction project the landscape material shall be selected
and located based on ease and frequency of required maintenance. All
such material shall be drought resistant.
F. Parks & Recreation Card to Annexing Property. Resident Parks &
Recreation cards may be obtained by petitioners for annexation upon
acceptance of the application.
Attachment number 1
Page 26 of 31
Revised 07/20/2010 25
Land Development (Cont.)
G. Waiver/reduction of liens. In order to encourage (re) development of
properties for enhancement of property values and living conditions in the City,
the following factors will be considered for requests for waivers/reductions of lot
clearing, nuisance abatement, and/or unsafe structures/demolition liens.
♦ Whether the violation has been brought into compliance regarding the
violation cited.
♦ Whether extreme or undue hardship is shown regarding payment of
the lien and/or regarding coming into compliance with code
requirements during the required time.
♦ Whether there are existing code violations on other properties owned
by the violator or prospective purchaser.
♦ Whether there is a development or redevelopment proposal regarding
the property which would result in improvement or upgrade of the
property.
♦ Whether, given such a development or redevelopment plan, it would
be impractical to take the compliance action directed by the City
Council.
♦ Whether payment would hinder a proposed sale of the property.
♦ Whether an appraisal of the property, submitted by the applicant,
demonstrates to the City that the cost of the lien has been absorbed.
♦ The amount of a lien will not be reduced below the amount
representing administrative costs incurred by the city regarding the
case.
Attachment number 1
Page 27 of 31
Revised 07/20/2010 26
CITY COUNCIL POLICY
LEGAL
A. Case Reports. The city attorney shall furnish to the city council a quarterly
report of pending litigation, identifying each case, opposing counsel, the
nature of the case, and the status of the case as of the date of the report.
In addition, the city attorney shall keep the city council and city manager
advised from time to time as to significant developments in each case.
Attachment number 1
Page 28 of 31
Revised 07/20/2010 27
CITY COUNCIL POLICY
LEISURE
A. Holiday Decorations. Holiday decorations along the rights-of-way to be
installed or paid for by the city will be limited to the Downtown Core,
Memorial Causeway, South Gulfview north of Adams Mark to the southern
point of Beach Walk, Mandalay south of Acacia and the business district
on Sand Key.
B. Library Donor Naming Recognition. The following guidelines govern
donor recognition with regard to naming buildings, areas, rooms,
collections, furnishings and equipment:
1. Library building names will have geographical or functional
names only and will not be subject to availability for donor
recognition. Clearwater Main Library and North Greenwood Branch
meet the policy guidelines, but John Doe Main Library does not.
2. Naming of library internal functional areas, rooms, and major
collections is the prerogative of the City Council.
3. Collections of materials, equipment or furnishings, which are
accepted as gifts by the Library Director, and/or funded by
individuals, corporations or foundations, may be recognized by a
discrete engraved plaque mounted on or near the gift as
appropriate, with the name of the donor displayed. For example
"the John Doe collection of Illuminated Manuscripts" or "Computer
Equipment for Research Provided and Maintained by the John Doe
Corporation."
4. All signs and plaques printed with names of donors will be of
similar appearance and will be consistent with the architectural
design and interior decoration of the building.
Attachment number 1
Page 29 of 31
Revised 07/20/2010 28
Leisure (Cont.)
C. Amplification of Sound at City Venues. The following guidelines govern
the amplification of sound at City co-sponsored and private events held at
City venues for musical and entertainment productions.
1. Amplification of sound and in particular music for an event must
end at a specific time set by the City Manager or his designee. In
general that time will be no later than 10:00 p.m. Sunday through
Thursday and no later than 11:00 p.m. on Friday and Saturday, but
on certain rare occasions permitted to be held longer.
2. Amplification of sound including music will not exceed an
average of 95 decibel or dB level measured at the house mix over a
period of 30 seconds.
3. Amplification of sound during the event will be measured by a
City employee or City contractor by using a sound-level meter
which is an instrument that includes a microphone, amplif ier, RMS
detector, integrator or time average, output or display meter and the
weighting networks used to measure sound pressure levels.
4. The City employee or City contractor will measure the sound
levels for every group performing at the event.
5. In the event a promoter or sponsor violates this policy the City
employee or City contractor will require that the sound levels be
adjusted to meet the standard. If after the first warning the volumes
are not adjusted to meet the policy the City employee or City
contractor will personally adjust the sound level to bring in
compliance.
6. If a promoter or sponsor continues to violate this policy then
they will not be allowed to have concerts at City venues.
D. Ages 12 - 13 supervised use of City recreation fitness facilities. The
following guidelines govern the use of City recreation fitness facilities by users
ages 12 and13.
1. This section shall apply to the use of fitness facilities for individuals who
have achieved the age of 12 or 13 on the day of, or prior to, the day such
individual requests such use.
2. Use of the fitness area by such person is governed by this Council policy
and is limited to instances where such person is actively, directly
supervised by the individual’s parent, legal guardian or a designated
responsible adult, in a one on one setting. Any other use of City
recreation facilities by 12 and 13 year olds is strictly prohibited.
3. A parent under this policy is defined as either biological parent or legal
guardian.
4. A responsible adult under this policy is defined as a person who has
achieved the age of 21 on the day of or prior to the date of the use and is
Attachment number 1
Page 30 of 31
Revised 07/20/2010 29
designated by the parent or legal guardian on the “Parental Consent and
Waiver/Release of Liability” form.
5. An acceptable level of supervision under this policy is considered to be
achieved when the parent, legal guardian or designated responsible adult
is not engaged in any other activity (i.e. working out or in conversation with
another user) during the performance and attendance of the designated
youth participant.
6. This level of supervision is designed to ensure proper focus and attention
to achieve safety standards and requirements, including proper technique,
appropriate equipment selection and use. Further, the required
supervision is designed to protect other users of the facilities.
7. City staff will monitor for compliance of this policy.
8. Both the parent, legal guardian or designated responsible adult and
individual child, must have valid access to the fitness facility by paying the
appropriate daily fee, or by securing the proper membership that allows
use of the area. In addition, the parent or legal guardian must agree to
and sign the “Parental Consent and Waiver/Release of Liability” form and
identify the responsible adult(s) who may supervise the child.
9. Staff, in its sole discretion, shall retain the right to eject any party not
complying with this policy. In addition, failure to adhere to this policy shall
result in immediate, permanent termination of the youth participant’s
fitness facility use rights.
Attachment number 1
Page 31 of 31
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Amend Council Rule 6 and adopt Resolution 10-21.
SUMMARY:
The Council reviewed its rules at the June 1, 2010 Work Session and directed a change to Rule 6 to expand the time allowed for public
comment to 60 minutes.
Review Approval:1) Clerk
Cover Memo
Resolution 10-21
RESOLUTION NO. 10-21
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to amend the Council Rules; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Council Rules are hereby amended as follows:
* * * * *
RULE 6
ORDER OF BUSINESS
(1) The order of business for a regular meeting shall ordinarily be:
A. Invocation
B. Pledge
C. Special recognitions and awards
D. Minutes of previous meetings.
E. Citizens to be heard regarding items not on agenda. Each speaker will be
asked to give their name and address and to limit their comments to a maximum of
three minutes.
F. Public hearings (not before 6:00 p.m.)
Legislative and administrative matters:
1. Presentation of issues by City staff.
2. Statement of case by applicant or representative (5 minutes).
3. Council questions.
4. Comments in support and comments in opposition. See subsection (3)
below regarding time limitations for speakers.
5. Council questions.
6. Final rebuttal by applicant or representative (5 minutes).
7. Council motion to determine disposition.
Quasi-judicial Hearings (those giving testimony will be sworn-in):
Attachment number 1
Page 1 of 3
Resolution 10-21
1. Staff states its recommendation and briefly summarizes its reasons for
the recommendation (2 minutes).
2. Applicant presents case, including its testimony and exhibits. Witness
may be cross-examined (15 minutes).
3. Staff presents further evidence. May be cross-examined (10 minutes).
4. Public comment. See subsection (3) below regarding time limitations
for speakers.
5. City Council discussion, and may question any witness.
6. Applicant may call witnesses in rebuttal (5 minutes).
7. Conclusion by applicant (3 minutes).
8. Decision.
All time limits may be extended upon request, and upon approval of
request by majority of City Council.
G. City Manager reports.
H. City Attorney reports.
I. Council Discussion Items (work session only).
J. Other Council action (if agendaed from work session).
K. Closing comments by Mayor.
(2) Agenda items, other than public hearings, will be presented by staff followed by
questions by the Council, public input, discussion by the Council, a motion and second,
then debate on the motion.
(3) Public comments in support or opposition of items before the Council shall be
limited to a total of 30 60 minutes, which can be extended upon Council approval.
Unless otherwise specified, persons speaking before the City Council shall be limited to
three minutes per speaker. Representatives of a group may speak for three minutes
plus an additional minute for each person in the audience that waves their right to
speak, up to a maximum of ten minutes. A form will be provided to document the
request for additional time and those agreeing to waive their right to speak. No person
shall speak more than once on the same subject at the same meeting unless granted
permission by the City Council. When time limits are set for speakers, unused time
cannot be passed from one speaker to another. Extensions of time limits can be given
if approved by the Chair.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2010.
Attachment number 1
Page 2 of 3
Resolution 10-21
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8174-10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit
Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8174-10
ORDINANCE NO. 8174-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE
APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE,
CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE
ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST
GRAPEFRUIT CIRCLE 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 22, Block 3, Virginia Grove Estates, according to the plat thereof recorded in
Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida
(ANX2010-03004)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8175-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City
of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8175-10
ORDINANCE NO. 8175-10
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 SOUTH SIDE OF WEST
GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST
OF CALAMONDIN LANE, CONSISTING OF LOT 22,
BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST
OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE,
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 22, Block 3, Virginia Grove Estates, according Residential Low (RL)
to the plat thereof recorded in Plat Book 36, Pages
68 and 69, Public Records of Pinellas County, Florida
(ANX2010-03004)
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. 8174 -10.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8176-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8176-10
ORDINANCE NO. 8176-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE
APPROXIMATELY 100 FEET EAST OF CALAMONDIN
LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA
GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS
133 WEST GRAPEFRUIT CIRCLE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 22, Block 3, Virginia Grove Estates, Low Medium Density
according to the plat thereof recorded in Plat Residential
Book 36, Pages 68 and 69, Public Records of (LMDR)
Pinellas County, Florida (ANX2010-03004)
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. 8174-10.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8178-10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road,
together with the abutting right-of-way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8178-10
ORDINANCE NO. 8178-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF LAKEVIEW ROAD AND THE EAST SIDE OF
LAUREL DRIVE, CONSISTING OF LOT 6, LAKEVIEW VISTA,
WHOSE POST OFFICE ADDRESS IS 1711 LAKEVIEW ROAD,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
LAKEVIEW ROAD AND LAUREL DRIVE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 6, Lakeview Vista, according to the plat thereof, as recorded in Plat Book 34,
Page 62 of the Public Records of Pinellas County, Florida, together with the
abutting right-of-way of Lakeview Road and Laurel Drive
(ANX2010-04005)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8179-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-
way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8179-10
ORDINANCE NO. 8179-10
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
SOUTH SIDE OF LAKEVIEW ROAD AND THE EAST SIDE OF
LAUREL DRIVE, CONSISTING OF LOT 6, LAKEVIEW VISTA,
WHOSE POST OFFICE ADDRESS IS 1711 LAKEVIEW ROAD,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
LAKEVIEW ROAD AND LAUREL DRIVE, 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 6, Lakeview Vista, according to the plat thereof, Residential Low (RL)
as recorded in Plat Book 34, Page 62 of the Public
Records of Pinellas County, Florida, together with the
abutting right-of-way of Lakeview Road and Laurel Drive
(ANX2010-04005)
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. 8178-10.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8180-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8180-10
ORDINANCE NO. 8180-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF LAKEVIEW ROAD AND THE EAST
SIDE OF LAUREL DRIVE, CONSISTING OF LOT 6,
LAKEVIEW VISTA, WHOSE POST OFFICE ADDRESS IS
1711 LAKEVIEW ROAD, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF LAKEVIEW ROAD AND
LAUREL DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 6, Lakeview Vista, according to the plat thereof, Low Medium Density
as recorded in Plat Book 34, Page 62 of the Public Residential (LMDR)
Records of Pinellas County, Florida, together with the
abutting right-of-way of Lakeview Road and Laurel Drive
(ANX2010-04005)
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. 8178-10.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8182-10 on second reading, annexing certain real property whose post office address is 1845 Audubon Street into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8182-10
ORDINANCE NO. 8182-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF AUDUBON
STREET AND REGENT AVENUE, APPROXIMATELY 300 FEET
SOUTH OF DRUID ROAD, CONSISTING OF LOT 16,
GRACEMOOR SUBDIVISION, WHOSE POST OFFICE ADDRESS
IS 1845 AUDUBON STREET, 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 16, Gracemoor Subdivision, according to the plat thereof, recorded in Plat
Book 30, Page 7, Public Records of Pinellas County, Florida
(ANX2010-05001)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8183-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8183-10
ORDINANCE NO. 8183-10
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
SOUTHWEST CORNER OF THE INTERSECTION OF
AUDUBON STREET AND REGENT AVENUE, APPROXIMATELY
300 FEET SOUTH OF DRUID ROAD, CONSISTING OF LOT 16,
GRACEMOOR SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1845 AUDUBON STREET, 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 16, Gracemoor Subdivision, according to the Residential Low (RL)
plat thereof, recorded in Plat Book 30, Page 7, Public
Records of Pinellas County, Florida
(ANX2010-05001)
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. 8182-10.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8184-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8184-10
ORDINANCE NO. 8184-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF THE INTERSECTION OF
AUDUBON STREET AND REGENT AVENUE,
APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD,
CONSISTING OF LOT 16, GRACEMOOR SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1845 AUDUBON
STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 16, Gracemoor Subdivision, according to Low Medium Density
the plat thereof, recorded in Plat Book 30, Page 7, Residential (LMDR)
Public Records of Pinellas County, Florida
(ANX2010-05001)
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. 8182-10.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code of Ordinances, relating to residential reclaimed water
service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as
a means for providing service.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8199-10
ORDINANCE NO. 8199-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO RESIDENTIAL RECLAIMED
WATER SERVICE OUTSIDE CITY LIMITS WITHIN AN
INCORPORATED AREA AND LOCATION OF RECLAIMED
WATER SERVICE LINES; AMENDING SECTION 32.355,
CODE OF ORDINANCES, ADDING INTERLOCAL
AGREEMENT AS A MEANS FOR PROVIDING SERVICE;
AMENDING SECTION 32.372, LOCATION, REGARDING
REQUIRED PROXIMITY OF RECLAIMED WATER LINES
TO OTHER WATER UTILITIES; AMENDING APPENDIX A,
SECTION XXV, ADDING SURCHARGE FOR RECLAIMED
WATER SERVICE OUTSIDE CITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.355, Chapter 32, Article IX, Code of Ordinances, is
amended to read as follows:
Sec. 32.355. Service outside city; annexation required.
Service outside city, residential. Except as provided below for
nonresidential large volume users, rReclaimed water service may be provided to
property located outside of the city which is subject to an agreement to annex
whenever annexation is permitted by law, which agreement shall be recorded in
the public records and which shall constitute an application to annex the
property. Reclaimed water service may be provided to property located outside of
the city which is ineligible for an agreement to annex due to the location being
within the confines of an incorporated area upon execution of an interlocal
agreement with the affected municipality, and execution of a Resolution by
Clearwater City Council. However, properties inside the city shall have the first
priority. All applications for service outside the city shall be reviewed by the
director, who shall approve such service only if an adequate supply of reclaimed
water is available to meet the needs in the city. The director shall review and
technically approve all service line sizes and all other necessary design
components.
* * * * *
Section 2. Section 32.372, Chapter 32, Article IX, Code of Ordinances, is
changed to read as follows:
Sec. 32.372. Location.
The location of reclaimed water service lines and points of delivery to
private property shall be determined by the city, but in no instance and where
achievable, shall be no closer than five three feet from the potable water service
line or the sanitary sewer line. The normal location of the reclaimed water point of
Attachment number 1
Page 1 of 2
Ordinance No. 8199-10
delivery (including meter, when required) is behind the right-of-way line on the
property being served.
Section 3. Code of Ordinances, Appendix A, XXV. PUBLIC WORKS--FEES,
RATES AND CHARGES, (3) Rates, (f) Reclaimed Water Rates is amended to read
as follows:
* * * * *
1. One availability fee shall be charged to a property and not to each of the
multiple individual potable water accounts.
An example of this situation is when a commercial property has multiple
stores, etc., as multiple individual accounts, and the property is mostly parking lot
and commercial space. The property owner irrigates or uses reclaimed water in
some manner, but at only one location at the property. The location utilizing the
reclaimed water will be billed for availability and consumption. If another location
on that property needs a reclaimed water service connection, that account will be
billed according to the schedule above.
2. Service out of municipal limits. Accounts outside of the corporate limits of
the city shall be subject to a surcharge equal to 25 percent of the monthly
charges.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Lease Extensions for Crabby Bill’s and Sunsets at Pier 60 - Mayor Hibbard
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Impact of SB 1196 re fire sprinkler retrofit - Councilmember Gibson
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Sea Oat Planting
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Sand Management Sand Management
Pier 60 Parking LotPier 60 Parking Lot
GameboardPlazaGameboardPlaza
South of Lifeguard StationSouth of Lifeguard Station
The sand level The sand level
should be about should be about
6’ below the Pier 6’ below the Pier
60 deck.60 deck.
The sand level The sand level
should be about should be about
6’ below the Pier 6’ below the Pier
60 deck.60 deck.
MANDALAY AVE
MANDALAY AVE
MANDALAY AVE
MANDALAY AVE
MANDALAY AVE
Pier 60Pier 60
C A U S E W A Y
C A U S E W A Y B
C A U S E W A Y
C A U S E W A Y
C A U S E W A Y
C A U S E W A Y B L V D
C A U S E W A Y B L V D
C A U S E W A Y B L V D
C A U S E W A Y B L V D
C A U S E W A Y B L V D
MAN
MAN
MAN
MAN
MAN
Restroom & PavilionRestroom & Pavilion
9
8
Sundial PlazaSundial Plaza
CORONADO DR
CORONADO DR
CORONA
DO DR
CO
RONADO DR
CORONADO DR
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
ORONADO DR
ORONADO DR
ORONADO DR
ORONADO DR
ORONADO DR
S
G
UL
FVI
E
S
G
UL
FVI
E
S
G
UL
FV
I
E
S G
UL
FV
I
E
S
G
UL
FVI
E
Barefoot Beach HouseBarefoot Beach House
CORONADO DR
CORONADO DR
CORONADO DR
CORONADO DR
CORONADO DR
CORO
CORO
CORO
CORO
CORO
BRIGHTWATER DR
BRIGHTWATER DR
BRIGHTWATER DR
BRIGHTWATER DR
BRIGHTWATER DR
L
FVI
E
W BL
V
D
L
FVI
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W BL
V
D
L
FV
I
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W B
L
V
D
FV
I
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W B
L
VD
L
FVI
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W BL
V
D
6 7
Barefoot Beach HouseBarefoot Beach House
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
5
6 7
CORONADO DR
CORONADO DR
CORONADO DR
CORONADO DR
CORONADO DR
5TH ST5TH ST5TH ST5TH ST5TH ST
CORONAD
O
DR
CORONADO
DR
CORONAD
O
DR
CORONADO
DR
CORONAD
O
DR 5TH ST5TH ST5TH ST
5TH ST5TH ST
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVD
S GULFVIEW BLVDBeachwalkBeachwalk--SouthSouth
HAMDEN DR
HAMDEN DR
HAMDEN DR
HAMDEN DR
HAMDEN DR
S
G
U
L
F
V
I
E
W
B
L
V
D
S
G
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W
B
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W
B
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D
5TH ST5TH ST5TH ST5TH ST5TH ST
S GULFVIEW
S GULFVIEW
S GULFVIEW
S GULFVIEW
S GULFVIEW
2
3
4
Parking Lot at Old Adams MarkParking Lot at Old Adams Mark
S G
UL
FV
I
E
W BL
VD
S G
UL
FV
I
E
W BL
VD
S G
UL
FVI
EW B
L
VD
S
G
UL
FV
I
E
W BL
V
D
S G
UL
FV
I
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W BL
VD
4
1
Sand Management Sand Management
Attachment number 2
Page 1 of 2
Attachment number 2
Page 2 of 2
102'
194'
1304'
Clearwater Beach - Sand Management Plan 0 200'400'
Scale: 1"= 200'
NORTH
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/2/2010
SUBJECT / RECOMMENDATION:
Presentation of Menorah by Rabbi Shmuel Reich
SUMMARY:
Review Approval:1) Clerk
Cover Memo