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09/19/2013 City Council Agenda Location: Council Chambers - City Hall Date: 9/19/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Service Awards Attachments 4.2Hispanic Heritage Month Proclamation - Maria Edmonds and Sandra Lythe, InterCultural Advocacy Institute Attachments 4.3FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator Attachments 4.4Sugar Sand Festival - Lisa Chandler Attachments 5. Approval of Minutes 5.1Approve the minutes of the September 3, 2013 Special City Council Meeting and the September 5, 2013 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Adopt Ordinance 8475-13 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.1550 mills, which is a 3.05% increase from the rolled back rate of 5.0023 mills. Attachments 7.2Adopt Ordinance 8476-13 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Attachments 7.3Adopt Ordinance 8477-13 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, approving the Six-Year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating the available and anticipated resources for the projects identified. Attachments 7.4Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1947 Chenango Avenue (South ½ of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8454-13, 8455-13 and 8456-13 on first reading. (ANX2013-06012) Attachments 7.5Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1974 North Betty Lane (Lot 34, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8439-13, 8440-13 and 8441-13 on first reading. (ANX2013-06013) Attachments 7.6Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1949 Chenango Avenue (North ½ of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8445-13, 8446-13 and 8447-13 on first reading. (ANX2013-06014) Attachments 7.7Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2079 Lantana Avenue (Lot 10, Block D, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8442-13, 8443-13 and 8444-13 on first reading. (ANX2013-06015) Attachments 7.8Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1274 Palm Street (Lot 10, Knight’s Acres, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8448-13, 8449-13 and 8450-13 on first reading. (ANX2013-06016) Attachments 7.9Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1206 Sheridan Road (Lot 3, Block 2, Sunset Knoll, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8451-13, 8452-13 and 8453-13 on first reading. (ANX2013-06017) Attachments 7.10Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1327 State Street (Lots 2 and 3, Lange’s Replat of Brown’s Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8457-13, 8458-13 and 8459-13 on first reading. (ANX2013-06018) Attachments 7.11Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2025 North Betty Lane (Lot 3, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8460-13, 8461-13 and 8462-13 on first reading. (ANX2013-06019) Attachments 7.12Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1256 Sedeeva Circle North (Lot 13, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8466-13, 8467-13 and 8468-13 on first reading. (ANX2013-06020) Attachments 7.13Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1221 Palm Street (East 40 feet of Lot 11, and the West 30 feet of Lot 12, Block B, CLEARDUN); and pass Ordinances 8472-13, 8473-13 and 8474-13 on first reading. (ANX2013-06021) Attachments 7.14Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1263 Palm Street (Lot 22, Block B, Cleardun, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8463-13, 8464-13 and 8465-13 on first reading. (ANX2013-07022) Attachments 7.15Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) Attachments 7.16Approve a Future Land Use Map Amendment from the Residential Low (RL) classification to the Residential Urban (RU) classification for property located at 1569 and 1571 Sunset Point Road, approximately 0.24 miles east of the intersection of Sunset Point Road and N. Highland Avenue (consisting of Lot 1, Block A, Clearwater Highlands, Unit A); and pass Ordinance 8435-13 on first reading. (LUP2013-06003) Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is 3030 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.2Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS) and water/drainage feature. Attachments 8.3Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 8.4Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is 3030 Union Street [smaller parcel] into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.5Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential Suburban (RS). Attachments 8.6Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments City Manager Reports 9. Consent Agenda 9.1Approve a one-year Grant Funding Agreement for Fiscal Year 2013-14, in the amount of $166,993 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve a Professional Services Contract between the City of Clearwater and Imagine Global Consulting to provide tourism marketing services for the City of Clearwater in the amount of $164,000 per fiscal year, and authorize the appropriate officials to execute same. (consent) Attachments 9.3Approve the extension of the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for one year through September 30, 2014 and authorize the appropriate officials to execute same. (consent) Attachments 9.4Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year through September 30, 2014 and authorize the appropriate officials to execute same. (consent) Attachments 9.5Approve an Interlocal Agreement with Pinellas County Housing Authority for natural gas pipeline monitoring, inspection and maintenance and authorize the appropriate officials to execute same. (consent) Attachments 9.6Approve the renewal of the Agreement between the City and CareATC for the administration of the City’s Employee Health Center, providing onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $1,750,000 per year; authorize a purchase order for payment of same; and authorize the appropriate officials to execute same. (consent) Attachments 9.7Approve the renewal of the Memorandum of Agreement between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center by employees, retirees, and their dependents under the City of Dunedin medical plan in a cost-sharing arrangement with Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 9.8Approve the Charter and Investment Policy Statement as established by the City Defined Contribution Plan Fiduciary Investment Committee. (consent) Attachments 9.9Approve a contract in the amount of $428,857.50 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period, October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) Attachments 9.10Award a contract (purchase order) to Angelo’s Recycled Materials, for operating expenditures in the amount of $360,000 for the disposal of solid waste at their site for the period October 1, 2013 through September 30, 2014 as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) Attachments 9.11Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,800,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill, October 1, 2013 through September 30, 2014, as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by other Governmental Entities, and authorize the appropriate officials to execute same. (consent) Attachments 9.12Award a Contract to Construction Manager at Risk, Biltmore Construction,Co., Inc. of Belleair, FL., for the guaranteed maximum price of $173,143.04 for rehabilitation of five bridges on Island Estates; and authorize the appropriate officials to execute same. (consent) Attachments 9.13Approve the conveyance of a Distribution Easement to Duke Energy granting appropriate authority to Duke for the purpose of providing electrical service to city-owned property located at 1875 Airport Drive; and authorize the appropriate officials to execute same. (consent) Attachments 9.14Approve the final plat for Lakeside at Clearwater, whose physical address is 2165 Gulf to Bay Boulevard (S.R. 60). (consent) Attachments 9.15Reappoint Robert Peter Stasis and appoint Linda S. Varonich to the Environmental Advisory Board with terms to expire September 30, 2017. Attachments 10. Other Items on City Manager Reports 10.1Amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8483-13 and 8484-13 on first reading. Attachments 10.2Endorse the application for Project Zone and committing the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-23. Attachments 10.3Approve the master lease agreement between the City and The Bancorp Bank /dba/ Mears Motor Leasing to provide a $25,000,000 line of credit for all planned lease purchase equipment acquired in the next five fiscal years starting October 1, 2013; authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with Mears be financed under this new agreement; authorize the appropriate officials to execute same, and adopt Resolution 13-24. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Patricia Morin Engineering Nicole Vitadamo Police 10 Years of Service Robert Lane Customer Service John Stone Solid Waste/General Services Mitch Arnold Parks and Recreation 15 Years of Service William Horne City Manager Marco Ortega Parks and Recreation Bernandette Weiers Library Willie Jones Parks and Recreation Anna "Paula" Chaplinsky Library 20 Years of Service Eric Hannah Solid Waste John Murray Solid Waste Susan Burns Police 25 Years of Service Randall Britt Public Utilities Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Hispanic Heritage Month Proclamation - Maria Edmonds and Sandra Lythe, InterCultural Advocacy Institute SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator SUMMARY: Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Sugar Sand Festival - Lisa Chandler SUMMARY: Review Approval: Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the September 3, 2013 Special City Council Meeting and the September 5, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Council 2013-09-05 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 5, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George N. Cretekos The meeting was called to order at 7:00 p.m. at City Hall. 2. Invocation – Pastor Chuck Engelhardt from Heritage United Methodist Church 3. Pledge of Allegiance – Councilmember Jay Polglaze 4. Presentations – Given. 4.1 CareFest Proclamation, September 28, 2013 - Oasis Centro Cristiano, Pastor Joe Lugo 4.2 Florida Works Day Proclamation, September 6, 2013 - Assistant City Manager Jill Silverboard, Florida Local Government Coalition (FLGC) Steering Committee member. 4.3 Pinellas County Education Foundation - Eric Zimmer Mr. Zimmer provided a PowerPoint presentation regarding the Pinellas Take Stock in Children/Doorways scholarship and mentoring programs. He encouraged all to participate in the mentoring program and the annual Strides for Education 5K Walk/Run Draft Attachment number 1 \nPage 1 of 8 Item # 5 Council 2013-09-05 2 on December 7, 2013 at Tropicana Field. Mr. Zimmer presented the City with a Plaque of Appreciation for supporting the Take Stock in Children program. 5. Approval of Minutes 5.1 Approve the minutes of the August 14, 2013 City Council Meeting as submitted in written summation by the City Clerk. A scrivener’s error was noted in the discussion of the Memorandum of Understanding (MOU) with the Clearwater Marine Aquarium (page 17, line 1); principle should be corrected to principal. In response to a suggestion, the City Attorney said the MOU does not need be amended at this time. Vice Mayor Paul Gibson moved to approve the minutes of the August 14, 2013 City Council Meeting as amended. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda - None. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2010-2011, 2011-2012 and 2012-2013. The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992. This act created a dedicated revenue source for the state and local housing trust funds. This dedicated revenue source funds state and local housing programs and assisted local governments in meeting the housing needs of its population. The Sadowski Act created the State Housing Initiatives Partnership (SHIP) Program. Given the state’s budget shortfalls, funding for the SHIP Program has been drastically reduced. The City received zero dollars for Fiscal Year 2010-2011, $96,986 for Fiscal Year 2011-2012 $96,983 and $42,274 for Fiscal Year 2012-2013. For these same fiscal years, the City received program income of $102,004.09 for Fiscal Year 2010- 2011, $201,727.57 for Fiscal Year 2011-2012 and $129,794.44 for Fiscal Year 2012-2013. The department mainly uses these SHIP funds and SHIP program income to match federal programs to be able to continue existing housing programs. All local governments receiving SHIP funds must submit to Florida Housing Finance Corporation their annual reports by September 15 of every year. The annual reports provide details of expended funds, encumbered funds and a proposal of any unused funds. The reports also provide information on the Draft Attachment number 1 \nPage 2 of 8 Item # 5 Council 2013-09-05 3 strategies funded, the number of households served, income category, age, family size, race and data regarding any special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: Down payment and closing costs assistance, the rehabilitation of owner occupied single-family dwelling, and the acquisition and rehabilitation of two multi-family dwellings. During the program years covered by these reports, the City has assisted 24 households and has funds encumbered to assist at least another 12 households, and is projecting assistance for 8 more households. SHIP funding is important to the City of Clearwater’s economy, as evidenced by activity in Fiscal Year 2010-2011 where the City spent $88,058 in SHIP dollars to leverage over a million dollars in private funds. Councilmember Doreen Hock-DiPolito moved to approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2010-2011, 2011-2012 and 2012-2013. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing 8.1 Continue to September 19, 2013: Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is 3030 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. AND 8.2 Continue to September 19, 2013: Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS) and water/drainage feature. AND 8.3 Continue to September 19, 2013: Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR). AND 8.4 Continue to September 19, 2013: Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is 3030 Union Street [smaller parcel] into the corporate limits of the city and redefining the boundary lines of the city to include said addition. AND Draft Attachment number 1 \nPage 3 of 8 Item # 5 Council 2013-09-05 4 8.5 Continue to September 19, 2013: Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential Suburban (RS). AND 8.6 Continue to September 19, 2013: Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR). Councilmember Jay Polglaze moved to continue Items 8.1 through 8.6 to September 19, 2013. The motion was duly seconded and carried unanimously. 8.7 Adopt Ordinance 8434-13 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1515 South Highland Avenue from Office (O) to Medium Density Residential (MDR). Ordinance 8434-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8434-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.8 Adopt Ordinance 8438-13 on second reading, making amendments to Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines by amending Section II, Future Land Use, Subsection C. The Marina District, to reference the standards to which the public boardwalk must comply; and by adopting the Marina District Boardwalk Design Guidelines and Specifications. Ordinance 8438-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8438-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 4 of 8 Item # 5 Council 2013-09-05 5 9. Consent Agenda – Approved as submitted. 9.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) 9.2 Authorize purchase orders for payment of premiums under the City’s 1% Life Insurance program for the continuation of individual life insurance plans with New York Life Insurance in the amount of $450,000 for the period from September 1, 2013 to September 30, 2016 and with Principal Life Insurance in the amount of $200,000 for the period from October 1, 2013, to September 30, 2016. (consent) 9.3 Approve the settlement agreement between John Kleinfelter, et al. and the City of Clearwater in the amount of $155,000. (consent) 9.4 Approve Lease Agreement between the City of Clearwater and Florida Sports Foundation, Inc. (FSF), from November 1, 2013 to October 31, 2018, for the lease of City-owned office space located at the Long Center, 1501 N. Belcher Road; and authorize the appropriate officials to execute same. (consent) 9.5 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $350,000 for the construction of a 10-foot wide recreation trail encircling Lake Belleview, which is in Ed Wright and Ross Norton Parks, and authorize the appropriate officials to execute same. (consent) 9.6 Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $56,631 and additional 2.7 Full Time Equivalent Position (FTE) and authorize the appropriate officials to execute same. (consent) 9.7 Award a contract (purchase order) to General Chemical, of Parsippany, NJ for the purchase of Liquid Aluminum Sulfate in the amount of $370,320.23 during the contract period October 1, 2013 through September 30, 2016, being the lowest, most responsive bid for BID 23-13, and authorize the appropriate officials to execute same. (consent) 9.8 Award a contract (Purchase Order) to Allied Universal Corp of Miami, from October 1, 2013 through September 30, 2014, with two one-year renewal options, for a total of $380,000 for the first contract period, for Liquid Sodium Hypochlorite, and authorize the appropriate officials to execute same. (consent) Draft Attachment number 1 \nPage 5 of 8 Item # 5 Council 2013-09-05 6 9.9 Award a construction contract to Layne Inliner, LLC, of Sanford, Fl, in the amount of $338,833.00 for the Hillcrest Pipe Lining Project (13-0022-EN) and authorize the appropriate officials to execute same. (consent) 9.10 Approve additional funding to the United States Army Corp of Engineers (USACE) in the amount of $870,000 for the Stevenson Creek Estuary Restoration Project. (consent) 9.11 Appoint Jeffery W. Smith to the Clearwater Housing Authority Board with term to expire September 30, 2017 and reappoint Jan Moss for a term to expire September 30, 2017. 9.12 Authorize the City Attorney to hire Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser, Loeb and Hinds, P.A. to represent the City in the case of David and Aileen Bair v. City of Clearwater for the initial amount of $40,000.00 and authorize the appropriate officials to execute same. (consent) 9.13 Reappoint Councilmember Doreen Hock-DiPolito to serve as the City's representative on the Pinellas County Metropolitan Planning Organization with term to expire on September 12, 2017. (consent) 9.14 Authorize the City Attorney to hire Alan Zimmet, Esq. of Bryant Miller Olive to represent the city in the matter of Petersen and Spatuzzi v. City, and authorize the appropriate officials to execute a Legal Services Agreement. (consent) Councilmember Bill Jonson moved to pass the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Review and approve the proposed sculpture collection for Sculpture360: Season VI Art in the Cleveland Street District. Sculpture360: Art in the Cleveland Street District is a temporary exhibition of outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork to downtown Clearwater. This agenda item is presented in accordance with actions taken during the April 15, 2009 City Council meeting in which the Council requested that all installations of artwork of public property be subject to Council review. The following collection of sculptures is recommended in full for temporary exhibition as part of the Public Art and Design Program’s Sculpture360: Art in the Draft Attachment number 1 \nPage 6 of 8 Item # 5 Council 2013-09-05 7 Cleveland Street District: Season VI. The sculptures were chosen by a Selection Panel, appointed by the Public Art and Design Board (PADB) in accordance with the Public Art and Design Program Guidelines. The PADB subsequently reviewed and approved this collection. The sculptures are slated for installation starting the week of October 24 and will remain on exhibition through October 1, 2014. The Selection Panel consisted of individuals representing specified interests and expertise were as follows: Alex Plisko (Chair), vice-chair of the Public Art and Design Board Anne Fogarty-France, Economic Development representative Felicia Leonard, Parks and Recreation representative Gus and Lina Ocamposilva, professional sculptors An open Call to Artists as outlined in the Public Art and Design Guidelines was issued detailing the scope of the project. The Call to Artists resulted in approximately 53 responses of qualified artists with various works proposed for temporary loan. The Selection Panel selected three finalists (Nicole Beck, Dimitar Lukanov, and Merle Randolph) and two alternates (John Clement and Hanna Jubran). The PADB has approved an allocation of $9,000.00 from the Public Art and Design Program Discretionary Fund for the purpose of funding the project budget for Sculpture360: Season VI. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. Councilmember Doreen Hock-DiPolito moved to approve the proposed sculpture collection for Sculpture360: Season VI Art in the Cleveland Street District. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports – None. 12. Other Council Action 12.1 Reschedule Work Session and Council Meetings - Councilmember Jonson Requesting consideration to reschedule council meetings as follows: Draft Attachment number 1 \nPage 7 of 8 Item # 5 Council 2013-09-05 8 1. Move the November 21 council meeting to Wednesday, November 20. Councilmember Jonson was elected to the Florida League of Cities Board of Directors, which is scheduled to meet on November 21. 2. Hold a council meeting only the week of October 14. The ACPT is scheduled to meet on October 14, which conflicts with the scheduled work session at 1:00 pm. Suggestion being made is not to reschedule the work session and only have the council meeting on Wednesday, October 16. The City Clerk said there are no concerns with moving the November 21 council meeting as the anticipated agenda is light. There was consensus to move the November 21, 2013 council meeting to Wednesday, November 20, 2013. Staff was directed to implement the schedule change. 13. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events and expressed sympathies to the survivors of Hilary Michalak and Robert Lemon. 14. Adjourn The meeting adjourned at 7:36 p.m. Mayor City of Clearwater Attest City Clerk Draft Attachment number 1 \nPage 8 of 8 Item # 5 Council 213-09-03 1 SPECIAL CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 3, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Pamela K. Akin – City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order - Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Administrative Public Hearings 2.1 Set a final millage rate of 5.1550 mills for fiscal year 2013/14 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 8475-13 on first reading. In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.1550 mills on July 18, 2013, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 3.05% increase from the rolled back rate of 5.0023 mills. Ordinance 8475-13 is presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2013/14 fiscal year. Draft Attachment number 2 \nPage 1 of 5 Item # 5 Council 213-09-03 2 Budget Director Tina Wilson provided a PowerPoint presentation. Councilmember Jay Polglaze moved to set a final millage rate of 5.1550 mills for fiscal year 2013/14 against non-exempt real and personal property within the City of Clearwater. The motion was duly seconded and carried unanimously. Ordinance 8475-13 was presented and read in full. Vice Mayor Paul Gibson moved to pass Ordinance 8475-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 2.2 Approve the City of Clearwater Annual Operating Budget for the 2013/14 fiscal year and pass Ordinance 8476-13 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2013/14 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 27, 2013, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2013/14 fiscal year. On July 15, 2013, the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 18, 2013 council meeting for citizen input. No changes have been made to the preliminary plan as presented. Councilmember Bill Jonson moved to approve the City of Clearwater Annual Operating Budget for the 2013/14 fiscal year. The motion was duly seconded and carried unanimously. Ordinance 8476-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8476-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Draft Attachment number 2 \nPage 2 of 5 Item # 5 Council 213-09-03 3 Polglaze "Nays": None 2.3 Adopt the Fiscal Year 2013/14 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8477-13 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2013/14 millage rate and operating budget are an integral part of fulfilling these requirements. On June 27, 2013, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2013/14 fiscal year. On July 15, 2013, the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 18, 2013 council meeting for citizen input. No changes have been made to the preliminary plan as presented. In response to questions, Solid Waste and General Services Director Earl Gloster said the Department’s (lease purchase) capital improvement project expenditures include vehicles scheduled for replacement or related to the single-stream recycling program. Councilmember Jay Polglaze moved to adopt the Fiscal Year 2013/14 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance 8477-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8477-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 2.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2013/14 through 2019/20. Draft Attachment number 2 \nPage 3 of 5 Item # 5 Council 213-09-03 4 On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to the Penny for Pinellas projects that meet this criteria in the proposed 2013/14 capital improvement budget and six-year plan include the following: • The Downtown Intermodal Facility project has been decreased by $3 million, from $5,425,000 to $2,425,000. • The Citywide Seawall Replacement project has been decreased by $2,250,000, from $4,235,000 to $1,985,000. • The Traffic Calming project has been reduced by $ 1,500,000, from $2,940,000 to $1,440,000. • The Countryside Library Renovation project has been increased by $ 1,250,000, to provide a total amended budget of $6,250,000 for the Countryside Library project. • The Consolidated Eastside/SPC Library project has been decreased by $1,250,000 to allow excess funding to be allocated to the Countryside Library Renovation project, and provide a total amended budget of $6,250,000 for the Consolidated Eastside/SPC Library project. • The Neighborhood Parks Renovation project has been reduced by $500,000, from $5 million to $4.5 million to allow for the Moccasin Lake Park Master Plan Renovation project to be established in the amount of $400,000 which will provide improvements to the infrastructure at Moccasin Lake Nature Park; and to establish the Countryside Community Park Renovation project in the amount of $100,000 for the construction and refurbishment of basketball courts at this park. In response to questions, Budget Director Tina Wilson said staff was directed to find possible savings for replacing City Hall, resulting in a $6.5 million reduction. A line item for the city hall replacement has not been added, as the budget has not been determined. Assistant City Manager Jill Silverboard said the potential savings was a result of Council adjusting the schedule of funding for the remaining years. Discussion ensued with consensus to add a line item for the undesignated balance. The City Manager said the Penny for Pinellas list of proposed funding may be amended at any time. Draft Attachment number 2 \nPage 4 of 5 Item # 5 Council 213-09-03 5 Councilmember Bill Jonson moved to amend the Penny for Pinellas Project List by adding a line item for Undesignated Future Penny Projects. The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2013/14 through 2019/20, as amended. The motion was duly seconded and carried unanimously. Ms. Wilson said the amendment will be reflected in the Capital Improvement Program Budget Ordinance 8477-13 on second reading. 3. Adjourn The meeting adjourned at 6:39 p.m. Mayor City of Clearwater Attest City Clerk Draft Attachment number 2 \nPage 5 of 5 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8475-13 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.1550 mills, which is a 3.05% increase from the rolled back rate of 5.0023 mills. SUMMARY: Review Approval: Cover Memo Item # 6 Ordinance No. 8475-13 MILLAGE ORDINANCE ORDINANCE NO. 8475-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 3.05% INCREASE FROM THE ROLLED BACK RATE OF 5.0023 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2013, and ending September 30, 2014, from ad valorem taxes is $38,277,347; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1550 mills are necessary to generate $38,277,347; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2013. Section 2. The levy of 5.1550 mills constitutes a 3.05% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2013. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ _________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 6 20 1 3 / 1 4 20 1 3 / 1 4 AN N U A L O P E R A T I N G AN N U A L O P E R A T I N G & C A P I T A L I M P R O V E M E N T & C A P I T A L I M P R O V E M E N T BU D G E T BU D G E T Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 20 1 3 / 1 4 20 1 3 / 1 4 AN N U A L O P E R A T I N G AN N U A L O P E R A T I N G & C A P I T A L I M P R O V E M E N T & C A P I T A L I M P R O V E M E N T BU D G E T BU D G E T Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Attachment number 2 \nPage 1 of 18 Item # 6 AL L F U N D S AL L F U N D S FY 2 0 1 3 FY 2 0 1 3 FY 2 0 1 4 FY 2 0 1 4 GE N E R A L GE N E R A L $ 1 1 3 M $ 1 1 3 M $ 1 1 5 M $ 1 1 5 M UT I L I T Y UT I L I T Y 1 3 9 M 13 9 M 1 4 2 M 142 M EN T E R P R I S E EN T E R P R I S E 9 M 9 M 9 M9 M EN T E R P R I S E EN T E R P R I S E 9 M 9 M 9 M9 M IN T S V C IN T S V C 4 7 M 47 M 5 0 M 50 M SP E C I A L P G M SP E C I A L P G M 1 6 M 16 M 1 4 M 14 M CA P I T A L CA P I T A L 6 2 M 62 M 4 5 M 45 M TO T A L TO T A L $ 3 8 6 M $ 3 8 6 M $ 3 7 5 M $ 3 7 5 M Attachment number 2 \nPage 2 of 18 Item # 6 Ge n e r a l F d E x p e n d i t u r e s Ge n e r a l F d E x p e n d i t u r e s FY 2 0 1 3 FY 2 0 1 3 FY 2 0 1 4 FY 2 0 1 4 Po l i c e Po l i c e 3 5 . 7 M 35 . 7 M 3 6 . 3 M 36 . 3 M 2 % 2% Fi r e Fi r e 2 4 . 4 M 24 . 4 M 2 3 . 9 M 23 . 9 M - - 2 % 2% Pa r k s & R e c Pa r k s & R e c 2 1 . 0 M 21 . 0 M 2 1 . 1 M 21 . 1 M 1 % 1% Li b r a r y Li b r a r y 5. 8 M 5. 8 M 5. 9 M 5. 9 M 2%2% Li b r a r y Li b r a r y 5. 8 M 5. 8 M 5. 9 M 5. 9 M 2%2% Pl a n n i n g / D e v S v c Pl a n n i n g / D e v S v c 4 . 8 M 4. 8 M 4 . 8 M 4. 8 M 2 % 2% En g i n e e r i n g En g i n e e r i n g 7 . 9 M 7. 9 M 7 . 8 M 7. 8 M - - 1 % 1% Ot h e r Ot h e r 1 3 . 8 M 13 . 8 M 1 5 . 1 M 15 . 1 M 8 % 8% TO T A L TO T A L 1 1 3 . 4 M 11 3 . 4 M 1 1 4 . 9 M 11 4 . 9 M 1 % 1%Attachment number 2 \nPage 3 of 18 Item # 6 GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S En g / S t r e e t s 7 % En g / S t r e e t s 7 % Ad m / O t h e r 13 % Ad m / O t h e r 13 % P& D 4 % P& D 4 % 20 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 Li b r a r y 5 % $ 1 1 4 . 9 M i l l i o n $ 1 1 4 . 9 M i l l i o n Pu b l i c S a f e t y 53 % Pu b l i c S a f e t y 53 % Pa r k s & R e c 18 % Pa r k s & R e c 18 % Li b r a r y 5 % Attachment number 2 \nPage 4 of 18 Item # 6 Pe r s o n n e l 6 9 % GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D GE N E R A L F U N D EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S EX P E N D I T U R E S 20 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 $ 1 1 4 . 9 M i l l i o n $ 1 1 4 . 9 M i l l i o n Op e r a t i n g 17 % Op e r a t i n g 17 % In t e r n a l Se r v i c e 11 % Tr a n s f e r s 3 % Attachment number 2 \nPage 5 of 18 Item # 6 Ge n e r a l F u n d B u d g e t Ge n e r a l F u n d B u d g e t 99 . 2 11 1 . 4 12 3 . 2 11 5 . 5 10 9 . 1 114.9 80 10 0 12 0 14 0 Million CPI 0204060 Million Attachment number 2 \nPage 6 of 18 Item # 6 PR O P E R T Y V A L U E S PR O P E R T Y V A L U E S $8 $1 0 $1 2 $1 4 8. 6 11 . 2 8. 8 7. 6 7.7 Billion $0$2$4$6$8 20 0 5 2 0 0 7 2 0 0 9 2 0 1 1 2 0 1 3 Billion Attachment number 2 \nPage 7 of 18 Item # 6 PR O P E R T Y T A X PR O P E R T Y T A X RE V E N U E S RE V E N U E S MillionMillion Attachment number 2 \nPage 8 of 18 Item # 6 Ge n e r a l F u n d B u d g e t Ge n e r a l F u n d B u d g e t An n u a l E x p e n d i t u r e s An n u a l E x p e n d i t u r e s $ 1 1 4 , 9 2 3 , 8 8 0 $ 1 1 4 , 9 2 3 , 8 8 0 An n u a l R e v e n u e s An n u a l R e v e n u e s 1 1 3 , 5 0 0 , 4 6 0 11 3 , 5 0 0 , 4 6 0 Us e o f R e s e r v e s Us e o f R e s e r v e s $ 1 , 4 2 3 , 4 2 0 $ 1 , 4 2 3 , 4 2 0 Attachment number 2 \nPage 9 of 18 Item # 6 Sa v i n g s I n i t i a t i v e s Sa v i n g s I n i t i a t i v e s Ge n e r a l F u n d R e s Ge n e r a l F u n d R e s e r v e s $ 1 , 4 2 3 , 4 2 0 er v e s $ 1 , 4 2 3 , 4 2 0 Pe n s i o n C r e d i t B a l a n c e Pe n s i o n C r e d i t B a l a n c e 5 3 5 , 0 0 0 53 5 , 0 0 0 Sa l a r y S a v i n g s Sa l a r y S a v i n g s $ 9 6 0 , 0 0 0 $9 6 0 , 0 0 0 Attachment number 2 \nPage 10 of 18 Item # 6 Mi l l a g e R a t e Mi l l a g e R a t e Mi l l a g e R a t e Mi l l a g e R a t e Cu r r e n t m i l l a g e r a t e Cu r r e n t m i l l a g e r a t e 5 . 1 5 5 0 m i l l s 5. 1 5 5 0 m i l l s Pr o p o s e d r a t e Pr o p o s e d r a t e 5 . 1 5 5 0 5. 1 5 5 0 m i l l s mi l l s Cu r r e n t m i l l a g e r a t e Cu r r e n t m i l l a g e r a t e 5 . 1 5 5 0 m i l l s 5. 1 5 5 0 m i l l s Pr o p o s e d r a t e Pr o p o s e d r a t e 5 . 1 5 5 0 5. 1 5 5 0 m i l l s mi l l s 3. 0 5 % i n c r e a s e 3. 0 5 % i n c r e a s e f r o m r o l l e d fr o m r o l l e d - - b a c k r a t e ba c k r a t e Ro l l e d Ro l l e d - - b a c k r a t e ba c k r a t e 5 . 0 0 2 3 m i l l s 5. 0 0 2 3 m i l l s 3. 0 5 % i n c r e a s e 3. 0 5 % i n c r e a s e f r o m r o l l e d fr o m r o l l e d - - b a c k r a t e ba c k r a t e Ro l l e d Ro l l e d - - b a c k r a t e ba c k r a t e 5 . 0 0 2 3 m i l l s 5. 0 0 2 3 m i l l s Attachment number 2 \nPage 11 of 18 Item # 6 Mi l l a g e R a t e Mi l l a g e R a t e Attachment number 2 \nPage 12 of 18 Item # 6 Mi l l a g e R a t e Mi l l a g e R a t e Mi l l a g e R a t e Mi l l a g e R a t e F Y F Y F Y F Y 2 0 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 Mi l l a g e R a t e Mi l l a g e R a t e Mi l l a g e R a t e Mi l l a g e R a t e F Y F Y F Y F Y 2 0 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 20 1 3 / 1 4 Ot h e r A g e n c i e s 9. 5 % Ot h e r A g e n c i e s 9. 5 % Cl e a r w a t e r 24 % Cl e a r w a t e r 24 % Sc h o o l B o a r d Sc h o o l B o a r d 21 . 4 9 4 9 M i l l s 21 . 4 9 4 9 M i l l s Pi n e l l a s C o u n t y 29 % Pi n e l l a s C o u n t y 29 % Sc h o o l B o a r d 37 . 5 % Sc h o o l B o a r d 37 . 5 % Attachment number 2 \nPage 13 of 18 Item # 6 HO M E S T E A D E D HO M E S T E A D E D CA P CA P – – 1 . 7 % I n c r e a s e 1. 7 % I n c r e a s e 20 1 2 20 1 2 20 1 3 20 1 3 In c r e a s e In c r e a s e Ta x a b l e Ta x a b l e Va l u e Va l u e 11 0 , 0 0 0 11 0 , 0 0 0 1 1 1 , 8 7 0 11 1 , 8 7 0 Ci t y T a x e s Ci t y T a x e s $ 5 6 7 $ 5 6 7 $ 5 7 7 $ 5 7 7 $ 10$ 10 Ci t y T a x e s Ci t y T a x e s $ 5 6 7 $ 5 6 7 $ 5 7 7 $ 5 7 7 $1 . 5 8 / d a y $1 . 5 8 / d a y $ 10$ 10 Ta x a b l e Ta x a b l e Va l u e Va l u e 20 0 , 0 0 0 20 0 , 0 0 0 2 0 3 , 4 0 0 20 3 , 4 0 0 Ci t y T a x e s Ci t y T a x e s $ 1 , 0 3 1 $ 1 , 0 3 1 $ 1 , 0 4 9 $ 1 , 0 4 9 $ 1 8 $ 18Attachment number 2 \nPage 14 of 18 Item # 6 Ca p i t a l P r o j e c t s Ca p i t a l P r o j e c t s Ca p i t a l P r o j e c t s Ca p i t a l P r o j e c t s Fi r e E n g i n e Fi r e E n g i n e Co u n t r y s i d e F i r e S t a t i o n D e s i g n Co u n t r y s i d e F i r e S t a t i o n D e s i g n Co u n t r y s i d e L i b r a r y Co u n t r y s i d e L i b r a r y Fi r e E n g i n e Fi r e E n g i n e Co u n t r y s i d e F i r e S t a t i o n D e s i g n Co u n t r y s i d e F i r e S t a t i o n D e s i g n Co u n t r y s i d e L i b r a r y Co u n t r y s i d e L i b r a r y Ea s t s i d e / S P C L i b r a r y Ea s t s i d e / S P C L i b r a r y Te c h n o l o g y U p g r a d e s Te c h n o l o g y U p g r a d e s Ea s t s i d e / S P C L i b r a r y Ea s t s i d e / S P C L i b r a r y Te c h n o l o g y U p g r a d e s Te c h n o l o g y U p g r a d e s Attachment number 2 \nPage 15 of 18 Item # 6 Ut i l i t y P r o j e c t s Ut i l i t y P r o j e c t s Ut i l i t y P r o j e c t s Ut i l i t y P r o j e c t s Bi o s o l i d s Bi o s o l i d s T r e a t m e n t Tr e a t m e n t 6 . 8 m i l l i o n 6. 8 m i l l i o n Nu m e r i c N u t r i e n t Nu m e r i c N u t r i e n t Bi o s o l i d s Bi o s o l i d s T r e a t m e n t Tr e a t m e n t 6 . 8 m i l l i o n 6. 8 m i l l i o n Nu m e r i c N u t r i e n t Nu m e r i c N u t r i e n t Nu m e r i c N u t r i e n t Nu m e r i c N u t r i e n t Co m p l i a n c e Co m p l i a n c e $ 4 6 m i l l i o n $ 4 6 m i l l i o n Nu m e r i c N u t r i e n t Nu m e r i c N u t r i e n t Co m p l i a n c e Co m p l i a n c e $ 4 6 m i l l i o n $ 4 6 m i l l i o n Attachment number 2 \nPage 16 of 18 Item # 6 Pu b l i c H e a r i n g s Pu b l i c H e a r i n g s Pu b l i c H e a r i n g s Pu b l i c H e a r i n g s Se p t e m b e r Se p t e m b e r 3 3 Se p t e m b e r Se p t e m b e r 3 3 Se p t e m b e r Se p t e m b e r 1 9 1 9 Se p t e m b e r Se p t e m b e r 1 9 1 9 Attachment number 2 \nPage 17 of 18 Item # 6 20 1 3 / 1 4 20 1 3 / 1 4 AN N U A L O P E R A T I N G AN N U A L O P E R A T I N G & C A P I T A L I M P R O V E M E N T & C A P I T A L I M P R O V E M E N T BU D G E T BU D G E T Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 20 1 3 / 1 4 20 1 3 / 1 4 AN N U A L O P E R A T I N G AN N U A L O P E R A T I N G & C A P I T A L I M P R O V E M E N T & C A P I T A L I M P R O V E M E N T BU D G E T BU D G E T Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Se p t e m b e r 2 0 1 3 Attachment number 2 \nPage 18 of 18 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8476-13 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. SUMMARY: Review Approval: Cover Memo Item # 7 Ordinance No. 8476-13 OPERATING BUDGET ORDINANCE ORDINANCE NO. 8476-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2013, and ending September 30, 2014; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 3, 2013, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2013, and ending September 30, 2014, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Attachment number 1 \nPage 1 of 2 Item # 7 Ordinance No. 8476-13 Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2013. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 7 Page 1 Special Special Total General Development Program Governmental GOVERNMENTAL FUNDS Fund Fund Fund Funds Balances Brought Forward 19,274,321 5,592,995 19,261,731 44,129,047 Budgeted Revenues Ad Valorem Taxes 36,453,700 1,823,650 38,277,350 Utility Taxes 13,588,250 13,588,250 Local Option, Fuel & Other Taxes 8,260,650 10,032,540 18,293,190 Franchise Fees 10,163,930 10,163,930 Other Permits and Fees 1,985,700 1,985,700 Intergovernmental Revenue 19,068,590 970,480 20,039,070 Charges for Services 13,663,630 195,000 13,858,630 Judgements, Fines and Forfeits 996,150 996,150 Miscellaneous Revenues 1,521,370 35,000 50,000 1,606,370 Transfers In 7,798,490 73,000 7,871,490 Other Financing Sources 0 TOTAL BUDGETED REVENUES 113,500,460 12,086,190 1,093,480 126,680,130 TOTAL REVENUES, TRANSFERS, AND BALANCES 132,774,781 17,679,185 20,355,211 170,809,177 Budgeted Expenditures City Council 278,010 278,010 City Manager's Office 1,185,310 1,185,310 City Attorney's Office 1,592,530 1,592,530 City Audit 198,750 198,750 Economic Development and Housing 1,362,310 1,362,310 Engineering 7,588,090 7,588,090 Finance 2,190,560 2,190,560 Fire 23,891,470 23,891,470 Human Resources 1,026,540 1,026,540 Library 5,959,470 5,959,470 Marine & Aviation 693,570 693,570 Non-Departmental 3,970,100 3,970,100 Office of Management & Budget 312,550 312,550 Official Records and Legislative Services 1,200,750 1,200,750 Parks and Recreation 21,135,600 21,135,600 Planning and Development 4,838,370 4,838,370 Police 36,329,010 36,329,010 Public Communications 926,880 926,880 Public Utilities 244,010 244,010 General Government Services 726,060 3,000 729,060 Economic Environment 970,480 970,480 Culture and Recreation 70,000 70,000 Transfers Out 12,355,320 12,355,320 TOTAL BUDGETED EXPENDITURES 114,923,880 13,081,380 1,043,480 129,048,740 Fund Balances/Reserves/Net Assets 17,850,901 4,597,805 19,311,731 41,760,437 TOTAL EXPENDITURES AND BALANCES 132,774,781 17,679,185 20,355,211 170,809,177 EXHIBIT A CITY OF CLEARWATER 2013-14 BUDGET Ordinance No. 8476-13 Attachment number 2 \nPage 1 of 4 Item # 7 Page 2 Water Stormwater Solid Total & Sewer Utility Waste Gas Recycling Utility UTILITY FUNDS Fund Fund Fund Fund Fund Funds Balances Brought Forward 37,658,086 24,873,129 26,384,078 33,116,775 4,697,792 126,729,860 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,000 350 1,350 Intergovernmental Revenue Charges for Services 67,463,340 16,474,550 18,960,000 38,262,250 1,935,000 143,095,140 Judgements, Fines and Forfeits 271,000 50,000 85,100 150,000 7,500 563,600 Miscellaneous Revenues 1,482,430 205,590 554,000 939,200 785,150 3,966,370 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 69,216,770 16,730,140 19,600,100 39,351,450 2,728,000 147,626,460 TOTAL REVENUES, TRANSFERS, AND BALANCES 106,874,856 41,603,269 45,984,178 72,468,225 7,425,792 274,356,320 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 957,680 957,680 Wastewater Collection 5,490,610 5,490,610 Public Utilites Maintenance 3,424,800 3,424,800 WPC Plant Operations 18,371,600 18,371,600 WPC Laboratory Operations 1,319,490 1,319,490 WPC Industrial Pretreatment 868,580 868,580 Water Distribution 10,894,360 10,894,360 Water Supply 10,144,970 10,144,970 Reclaimed Water 2,385,150 2,385,150 Non-Departmental 13,870,720 13,870,720 Stormwater Fund Stormwater Management 10,072,120 10,072,120 Stormwater Maintenance 6,084,390 6,084,390 Solid Waste Administration 975,960 975,960 Collection 15,616,300 15,616,300 Transfer 1,540,170 1,540,170 Container Maintenance 838,810 838,810 Gas Fund Administration and Supply 22,991,760 22,991,760 Pinellas Gas Operations 7,146,830 7,146,830 Pasco Gas Operations 2,322,750 2,322,750 Gas Marketing and Sales 3,628,510 3,628,510 Recycling Fund Residential 1,293,440 1,293,440 Multi Family 378,350 378,350 Commercial 1,322,160 1,322,160 TOTAL BUDGETED EXPENDITURES 67,727,960 16,156,510 18,971,240 36,089,850 2,993,950 141,939,510 Fund Balances/Reserves/Net Assets 39,146,896 25,446,759 27,012,938 36,378,375 4,431,842 132,416,810 TOTAL EXPENDITURES AND BALANCES 106,874,856 41,603,269 45,984,178 72,468,225 7,425,792 274,356,320 EXHIBIT A CITY OF CLEARWATER 2013-14 BUDGET Ordinance No. 8476-13 Attachment number 2 \nPage 2 of 4 Item # 7 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Harborview Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Fund Funds Balances Brought Forward 439,273 157,956 1,002,128 6,802,064 785,449 9,186,870 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue 50,000 50,000 Charges for Services 6,000 4,641,270 506,000 3,663,000 8,816,270 Judgements, Fines and Forfeits 1,000 200 600,000 601,200 Miscellaneous Revenues 254,000 34,000 7,000 367,000 48,250 710,250 Transfers In - Other Financing Sources TOTAL BUDGETED REVENUES 260,000 4,676,270 563,200 4,630,000 48,250 10,177,720 TOTAL REVENUES, TRANSFERS, AND BALANCES 699,273 4,834,226 1,565,328 11,432,064 833,699 19,364,590 Budgeted Expenditures Airpark Fund Airpark Operations 183,100 183,100 Marine Fund Marina Operations 4,488,090 4,488,090 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 503,230 503,230 Parking Fund Parking System 3,049,520 3,049,520 Parking Enforcement 600,000 600,000 Beach Guard Operations 487,730 487,730 Harborview Center Fund Harborview Center Operations 38,280 38,280 TOTAL BUDGETED EXPENDITURES 183,100 4,488,090 503,230 4,137,250 38,280 9,349,950 Fund Balances/Reserves/Net Assets 516,173 346,136 1,062,098 7,294,814 795,419 10,014,640 TOTAL EXPENDITURES AND BALANCES 699,273 4,834,226 1,565,328 11,432,064 833,699 19,364,590 EXHIBIT A CITY OF CLEARWATER 2013-14 BUDGET Ordinance No. 8476-13 Attachment number 2 \nPage 3 of 4 Item # 7 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 6,979,310 1,008,878 4,941,275 13,458,047 26,387,510 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 9,619,200 4,690,510 13,080,470 19,851,890 47,242,070 Judgements, Fines and Forfeits Miscellaneous Revenues 95,000 22,000 460,030 787,630 1,364,660 Transfers In 96,970 96,970 Other Financing Sources TOTAL BUDGETED REVENUES 9,714,200 4,712,510 13,540,500 20,736,490 48,703,700 TOTAL REVENUES, TRANSFERS, AND BALANCES 16,693,510 5,721,388 18,481,775 34,194,537 75,091,210 Budgeted Expenditures Administrative Services Fund Information Technology/Administration 381,380 381,380 Network Services 2,787,670 2,787,670 Software Applications 2,449,270 2,449,270 Telecommunications 853,070 853,070 Courier 150,460 150,460 Clearwater Customer Service 3,479,780 3,479,780 - General Services Fund - Administration 496,180 496,180 Building and Maintenance 4,116,060 4,116,060 - Garage Fund - Fleet Maintenance 13,079,650 13,079,650 Radio Communications 460,850 460,850 - Central Insurance Fund - Risk Management 425,690 425,690 Employee Benefits 348,580 348,580 Employee Health Center 1,707,660 1,707,660 Non-Departmental 19,676,230 19,676,230 TOTAL BUDGETED EXPENDITURES 10,101,630 4,612,240 13,540,500 22,158,160 50,412,530 Fund Balances/Reserves/Net Assets 6,591,880 1,109,148 4,941,275 12,036,377 24,678,680 TOTAL EXPENDITURES AND BALANCES 16,693,510 5,721,388 18,481,775 34,194,537 75,091,210 EXHIBIT A CITY OF CLEARWATER 2013-14 BUDGET Ordinance No. 8476-13 Attachment number 2 \nPage 4 of 4 Item # 7 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 44,129,047 126,729,860 9,186,870 26,387,510 206,433,287 Budgeted Revenues Ad Valorem Taxes 38,277,350 38,277,350 Utility Taxes 13,588,250 13,588,250 Local Option, Fuel & Other Taxes 18,293,190 18,293,190 Franchise Fees 10,163,930 10,163,930 Other Permits and Fees 1,985,700 1,350 1,987,050 Intergovernmental Revenue 20,039,070 50,000 20,089,070 Charges for Services 13,858,630 143,095,140 8,816,270 47,242,070 213,012,110 Judgements, Fines and Forfeits 996,150 563,600 601,200 2,160,950 Miscellaneous Revenues 1,606,370 3,966,370 710,250 1,364,660 7,647,650 Transfers In 7,871,490 96,970 7,968,460 Other Financing Sources TOTAL BUDGETED REVENUES 126,680,130 147,626,460 10,177,720 48,703,700 333,188,010 TOTAL REVENUES, TRANSFERS, AND BALANCES 170,809,177 274,356,320 19,364,590 75,091,210 539,621,297 Budgeted Expenditures City Council 278,010 278,010 City Manager's Office 1,185,310 1,185,310 City Attorney's Office 1,592,530 1,592,530 City Audit 198,750 198,750 Economic Development and Housing 1,362,310 1,362,310 Engineering 7,588,090 7,588,090 Finance 2,190,560 2,190,560 Fire 23,891,470 23,891,470 Human Resources 1,026,540 1,026,540 Library 5,959,470 5,959,470 Marine & Aviation 693,570 693,570 Non-Departmental 3,970,100 3,970,100 Office of Management & Budget 312,550 312,550 Official Records and Legislative Services 1,200,750 1,200,750 Parks and Recreation 21,135,600 21,135,600 Planning and Development 4,838,370 4,838,370 Police 36,329,010 36,329,010 Public Communications 926,880 926,880 Public Services 244,010 244,010 General Government Services 729,060 729,060 Economic Environment 970,480 970,480 Culture and Recreation 70,000 70,000 Transfers Out 12,355,320 12,355,320 Water & Sewer Fund Expenditures Public Utilities Administration 957,680 957,680 Wastewater Collection 5,490,610 5,490,610 Public Utilites Maintenance 3,424,800 3,424,800 WPC Plant Operations 18,371,600 18,371,600 WPC Laboratory Operations 1,319,490 1,319,490 WPCIndustrial Pretreatment 868,580 868,580 Water Distribution 10,894,360 10,894,360 Water Supply 10,144,970 10,144,970 Reclaimed Water 2,385,150 2,385,150 Non-Departmental 13,870,720 13,870,720 Stormwater Fund Stormwater Management 10,072,120 10,072,120 Stormwater Maintenance 6,084,390 6,084,390 EXHIBIT B CITY OF CLEARWATER 2013-14 BUDGET Ordinance No. 8476-13 Attachment number 3 \nPage 1 of 2 Item # 7 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste Administration 975,960 975,960 Collection 15,616,300 15,616,300 Transfer 1,540,170 1,540,170 Container Maintenance 838,810 838,810 Gas Fund Administration and Supply 22,991,760 22,991,760 Pinellas Gas Operations 7,146,830 7,146,830 Pasco Gas Operations 2,322,750 2,322,750 Gas Marketing and Sales 3,628,510 3,628,510 Recycling Fund Residential 1,293,440 1,293,440 Multi Family 378,350 378,350 Commercial 1,322,160 1,322,160 Airpark Fund Airpark Operations 183,100 183,100 Marine Fund Marina Operations 4,488,090 4,488,090 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 503,230 503,230 Parking Fund Parking System 3,049,520 3,049,520 Parking Enforcement 600,000 600,000 Beach Guard Operations 487,730 487,730 Harborview Center Fund Harborview Center Operations 38,280 38,280 Administrative Services Fund Information Technology/Administration 381,380 381,380 Network Services 2,787,670 2,787,670 Software Applications 2,449,270 2,449,270 Telecommunications 853,070 853,070 Courier 150,460 150,460 Clearwater Customer Service 3,479,780 3,479,780 General Services Fund Administration 496,180 496,180 Building and Maintenance 4,116,060 4,116,060 Garage Fund Fleet Maintenance 13,079,650 13,079,650 Radio Communications 460,850 460,850 Central Insurance Fund Risk Management 425,690 425,690 Employee Benefits 348,580 348,580 Employee Health Center 1,707,660 1,707,660 Non-Departmental 19,676,230 19,676,230 TOTAL BUDGETED EXPENDITURES 129,048,740 141,939,510 9,349,950 50,412,530 330,750,730 Fund Balances/Reserves/Net Assets 41,760,437 132,416,810 10,014,640 24,678,680 208,870,567 TOTAL EXPENDITURES AND BALANCES 170,809,177 274,356,320 19,364,590 75,091,210 539,621,297 2013-14 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 8476-13 Attachment number 3 \nPage 2 of 2 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8477-13 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, approving the Six-Year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating the available and anticipated resources for the projects identified. SUMMARY: The Capital Improvement Program Ordinance 8477-13, Exhibit B was amended by the Council at first reading to include a project in the Capital Improvement Plan in fiscal year 2015/16 to be entitled "Undesignated Future Penny Projects" in the amount of $6,750,000. This change has been made to the category of Miscellaneous on Exhibit B in fiscal year 2015/16. This increases the amount in that fiscal year from $675,000 to $7,425,000. This also increases the Total on that same line from $4,580,000 to $11,330,000. The Total Six-Year Plan is now budgeted at $360,128,810. Review Approval: Cover Memo Item # 8 Ordinance No. 8477-13 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 8477-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2013, and ending September 30, 2014; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 3, 2013; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2013, and ending September 30, 2014, a Attachment number 1 \nPage 1 of 2 Item # 8 Ordinance No. 8477-13 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2013. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 8 Budgeted Revenues GENERAL SOURCES:2013/14 General Operating Revenue 1,853,920 General Revenue/County Coop 557,000 Road Millage 1,823,650 Penny for Pinellas 8,831,680 Transportation Impact Fee 290,000 Local Option Gas Tax 1,409,990 Special Program Fund 30,000 Grants - Other Agencies 100,000 SELF SUPPORTING FUNDS: Marine Revenue 60,000 Clearwater Harbor Marina Fund 15,000 Airpark Revenue 10,000 Parking Revenue 315,000 Utility System: Water Revenue 3,625,000 Sewer Revenue 5,192,760 Water Impact Fees 12,000 Sewer Impact Fees 6,230 Utility R & R 3,420,010 Stormwater Utility Revenue 5,111,570 Gas Revenue 4,000,000 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 Exhibit A Ordinance No. 8477-13 Gas Revenue 4,000,000 Solid Waste Revenue 540,000 Recycling Revenue 60,000 INTERNAL SERVICE FUNDS: Garage Revenue 121,100 Administrative Services Revenue 700,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 240,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 111,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,590,000 Lease Purchase - Administrative Services 400,000 TOTAL ALL FUNDING SOURCES:$44,425,910 Ordinance No. 8477-13 Attachment number 2 \nPage 1 of 2 Item # 8 Budgeted Expenditures FUNCTION:2013/14 Fire Protection 1,540,690 Major Street Maintenance 3,408,640 Sidewalk and Bike Trails 100,000 Intersections 435,000 Parking 305,000 Miscellaneous Engineering 35,000 Parks Development 1,060,000 Marine Facilities 488,000 Airpark Facilities 10,000 Libraries 7,557,000 Garage 5,911,100 Maintenance of Buildings 441,910 Miscellaneous 1,055,000 Stormwater Utility 5,111,570 Gas System 4,000,000 Solid Waste 540,000 Utilities Miscellaneous 20,000 Sewer System 7,602,000 Water System 4,745,000 Recycling 60,000 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 Ordinance No. 8477-13 TOTAL PROJECT EXPENDITURES $44,425,910 Ordinance No. 8477-13 Attachment number 2 \nPage 2 of 2 Item # 8 Function 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 Total Police Protection1,707,150 1,707,150 Fire Protection1,540,6905,193,0501,526,3904,749,8202,736,0905,440,82021,186,860 Major Street Maintenance3,408,6403,288,8803,303,1205,314,7905,301,5405,301,54025,918,510 Sidewalk and Bike Trails 100,000472,000472,000472,000472,000472,000 2,460,000 Intersections 435,000435,000435,000435,000435,000435,000 2,610,000 Parking 305,000225,000225,000225,000225,000225,000 1,430,000 Miscellaneous Engineering35,00035,00035,00035,00035,00035,000210,000 Parks Development1,060,0001,792,5003,989,0003,537,0003,377,3404,900,00018,655,840 Marine Facilities488,000488,000488,000498,000503,000503,0002,968,000 Airpark Facilities10,00010,00010,00010,00010,00010,00060,000 Libraries7,557,000635,000635,000665,000665,000665,00010,822,000 Garage5,911,1003,102,1703,060,9703,120,9703,082,1903,144,66021,422,060 Maintenance of Buildings441,910363,470360,070376,720378,4201,685,1703,605,760 Miscellaneous 1,055,000795,0007,425,000675,000675,000705,00011,330,000 Stormwater Utility5,111,5707,054,8505,818,5505,825,1005,831,8606,325,95035,967,880 Gas System 4,000,0004,000,0004,000,0004,000,0004,000,0004,000,00024,000,000 Solid Waste540,000595,000585,000585,000585,000585,0003,475,000 Utilities Miscellaneous20,0005,0005,0005,0005,0005,00045,000 Sewer System7,602,0005,713,00023,740,00018,150,00040,500,00046,150,000141,855,000 Water System4,745,0008,017,1208,567,6303,000,0002,770,0002,700,00029,799,750 Recycling60,00060,00060,000135,000135,000150,000600,000 44,425,910 43,987,190 64,740,730 51,814,400 71,722,440 83,438,140 360,128,810 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2013-2014 THROUGH FY 2018-2019 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 8477-13Ordinance No. 8477-13 Attachment number 3 \nPage 1 of 1 Item # 8 Penny III Total Penny III Approved Proposed Revised Total Projects Changes Projects 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Approved Beginning Balance:3,109,600 2,855,239 3,282,041 1,315,096 2,103,189 7,596,028 8,364,627 3,109,600 8,632,543 8,891,519 9,158,265 9,433,013 9,716,003 10,007,483 4,231,940 60,070,766 Gulf Boulevard Reimbursement 670,838 670,838 670,838 1,341,676 1,341,676 1,341,676 6,037,542 12,412,981 12,417,596 13,111,144 12,089,785 13,160,868 18,945,187 12,596,567 69,217,908 High Priority Downtown Intermodal Facility 5,425,000 (3,000,000) 2,425,000 5,425,000 2,425,000 2,425,000 Police Vehicles 600,000 600,000 200,000 200,000 100,000 100,000 600,000 Fire Engines 1,100,500 1,100,500 528,680 571,820 1,100,500 Countryside Fire Station 3,697,910 3,697,910 400,000 3,297,910 3,697,910 Lakeview Fire Station 4,198,460 4,198,460 400,000 3,798,460 4,198,460 Clearwater Beach Fire Station 4,305,560 4,305,560 400,000 3,905,560 4,305,560 Medium Priority 283,000 283,000 283,000 283,000 283,000 283,000 287,000 City-wide Seawall Replacement 4,235,000 (2,250,000) 1,985,000 605,000 605,000 605,000 605,000 605,000 605,000 605,000 1,985,000 170,000 170,000 170,000 170,000 170,000 170,000 Traffic Calming 2,940,000 (1,500,000) 1,440,000 420,000 420,000 420,000 420,000 420,000 420,000 420,000 1,440,000 5,750,000 Consolidated "Eastside/SPC" Library 7,000,000 (1,250,000) 5,750,000 7,000,000 5,750,000 Countryside Library Renovation - 1,250,000 1,250,000 1,250,000 1,250,000 Ruth Eckerd Hall 500,000 500,000 500,000 500,000 Coachman Park Redevelopment 5,000,000 5,000,000 5,000,000 5,000,000 New Sidewalk Construction 2,833,250 2,833,250 472,000 472,000 472,000 472,000 472,000 473,250 2,833,250 Low Priority Downtown Streetscaping 6,000,000 6,000,000 2,000,000 2,000,000 2,000,000 6,000,000 Youth Sports Fields Renovations 1,989,840 1,989,840 239,840 1,750,000 1,989,840 Neighborhood Parks Renovations 5,000,000 (500,000) 4,500,000 500,000 1,250,000 1,250,000 1,250,000 750,000 4,500,000 Moccasin Lake Park Master Plan Renov 400,000 400,000 400,000 400,000 Countryside Community Park Renovations 100,000 100,000 100,000 100,000 Joe DiMaggio Press Box & Storage 268,500 268,500 268,500 268,500 EC Moore 8 & 9 Renovations/Press Box 175,000 175,000 175,000 175,000 Frank Tack Park Parking Lot 399,500 399,500 399,500 399,500 Countryside Plex Restroom/Concession 656,500 656,500 656,500 656,500 Bicycle Paths-Bridges 3,000,000 3,000,000 750,000 750,000 750,000 750,000 3,000,000 Undesignated Future Penny Projects 6,750,000 6,750,000 6,750,000 6,750,000 Total Penny III Projects 59,325,020 - 59,325,020 Debt Costs First Station #45 - Principal 2,761,177 2,761,177 670,838 670,838 670,838 748,663 2,761,177 First Station #45 - Interest 140,394 140,394 55,224 41,807 28,390 14,973 140,394 Capitol Theatre - (To repay Central Ins Fund)3,500,000 3,500,000 3,500,000 3,500,000 65,726,591 - 65,726,591 9,557,742 9,135,555 11,796,048 9,986,596 5,564,840 10,580,560 9,105,250 65,726,591 2,855,239 3,282,041 1,315,096 2,103,189 7,596,028 8,364,627 3,491,317 3,491,317 Penny III Proceeds Penny for Pinellas - Funding Changes Planned Project Expenditures Estimated Revenue Fiscal Years 2013/14 - 2019/20 Estimated Available Balance Attachment number 4 \nPage 1 of 1 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1947 Chenango Avenue (South ½ of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8454-13, 8455-13 and 8456-13 on first reading. (ANX2013-06012) SUMMARY: This voluntary annexation petition involves a 0.142-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north east corner of Chenango Avenue and State Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the east. The Planning and Development Department is requesting that the 0.671-acres of State Street right-of-way abutting the property and extending east to the intersection of North Betty Lane and State Street not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Cover Memo Item # 9 The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1947 ANX2013-06012 - Lawson\Maps\ANX2013- 06012 Location Map.doc [ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Lawson, Sherri Lynn Case: ANX2013-06012 Site: 1947 Chenango Ave. Property Size (Acres): R-O-W: 0.142 acres 0.671 acres Land Use Zoning PIN: 03-29-15-28098-000-0241 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1947 ANX2013-06012 - Lawson\Maps\ANX2013- 06012 Aerial Map.docx Aerial Map Owner: Lawson, Sherri Lynn Case: ANX2013-06012 Site: 1947 Chenango Ave. Property Size (Acres): R-O-W: 0.142 acres 0.671 acres Land Use Zoning PIN: 03-29-15-28098-000-0241 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1947 ANX2013-06012 - Lawson\Maps\ANX2013- 06012 Proposed Annexation Map.doc LAKE 30 30 60 60 60 6060 60 60 80 80 60 38 30 60 60 60 60 40 40 33 30 50 33 303330 60 38 60 60 45 45 60 60 30 60 3 0 4 0 28098 49986 83 9 7 0 O O G 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 5033 1 1 1 1 1 1 1 1 BET TY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 13 2 7 1942 1940 19261928 1994 1979 1971 13 2 9 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 12 5 6 1914 1918 1920 1928 1932 1936 1913 1915 1908 1916 1918 1920 1930 1936 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 5 1949 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1981 1987 1904 1910 1234 1224 1231 1226 1233 1232 1237 1295 1295 1969 1992 1935 1921 1917 1919 1927 1931 1933 1937 1287 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 1289 1281 1277 1273 1947 1283 1245 1249 1251 1257 1261 1995 312725 f -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Lawson, Sherri Lynn Case: ANX2013-06012 Site: 1947 Chenango Ave. Property Size (Acres): R-O-W: 0.142 acres 0.671 acres Land Use Zoning PIN: 03-29-15-28098-000-0241 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1947 ANX2013-06012 - Lawson\Maps\ANX2013- 06012 Future Land Use Map.doc LAKE 30 30 60 60 60 6060 60 60 80 80 60 38 30 60 60 60 60 40 40 33 30 50 33 303330 60 38 60 60 45 45 60 60 30 60 3 0 4 0 28098 49986 83 9 7 0 O O G 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 123456789 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 5033 60 1 1 1 1 1 1 1 RU RU RU RU R/OS RU RU RU P RM P R/OS RM RU RU RU RU I RU PRU RU RURU BET TY LN STATE ST SUNSET POINT RD CH E N A N G O A V E SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 13 2 7 1942 1940 1926 1992 1979 1971 13 2 9 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 1917 1914 1918 1920 1932 1936 1913 1915 1919 1908 1916 1918 1930 1936 1940 1944 1938 1921 12 7 8 12 9 4 12 9 0 12 8 2 12 7 4 1950 1952 12 8 5 1949 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 1961 1963 12 5 5 12 5 1 12 3 7 1239 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1260 1258 1256 1244 1240 1236 1234 1981 1987 1910 1234 1224 1231 1226 1233 1232 1237 1295 1928 1295 1969 51 1994 1927 1256 1935 1921 1928 1927 1931 1933 1937 1287 1920 1919 1923 1925 1927 1929 1937 1941 1286 1289 1281 1277 1273 1947 1283 1267 1969 1264 1995 1231 1227 1225 1904 rTraf -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Lawson, Sherri Lynn Case: ANX2013-06012 Site: 1947 Chenango Ave. Property Size (Acres): R-O-W: 0.142 acres 0.671 acres Land Use Zoning PIN: 03-29-15-28098-000-0241 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1947 ANX2013-06012 - Lawson\Maps\ANX2013- 06012 Zoning Map.doc LAKE 30 30 60 60 60 6060 60 60 80 80 60 38 30 60 60 60 60 40 40 33 30 50 33 303330 60 38 60 60 45 45 60 60 30 60 3 0 4 0 28098 49986 83 9 7 0 O O G 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 5033 1 1 1 1 1 1 1 1 BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY I OS/R LMDR MDR 13 2 7 1942 1940 19261928 1992 1994 1979 1971 13 2 9 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 12 5 6 1917 1914 1918 1920 1928 1932 1936 1913 1915 1919 1908 1916 1918 1920 1930 1936 1940 1944 1938 1921 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 5 1949 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 12 5 1 12 3 7 1239 1245 1249 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1981 1987 1904 1910 1234 1224 1231 1226 1233 1232 1237 MDR LMDR LMDR LMDR1295 1295 19691935 1921 1927 1931 1933 1937 1287 1919 1923 1925 1927 1929 1937 1941 1289 1281 1277 1273 1947 1283 1251 1995 312725 af -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Lawson, Sherri Lynn Case: ANX2013-06012 Site: 1947 Chenango Ave. Property Size (Acres): R-O-W: 0.142 acres 0.671 acres Land Use Zoning PIN: 03-29-15-28098-000-0241 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1947 ANX2013-06012 - Lawson\Maps\ANX2013- 06012 Existing Surrounding Uses Map.doc LAKE 30 30 60 60 60 6060 60 60 80 80 60 38 30 60 60 60 60 40 40 33 30 50 33 303330 60 38 60 60 45 45 60 60 30 60 3 0 4 0 28098 49986 83 9 7 0 O O G 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 1234 5 6789 10 11 12 13 14 1112 18 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 7 14 7 8 1 2 3 4 5 6 7 8 22 5033 1 1 1 1 1 1 1 1 BETTY LN STATE ST SUNSET POINT RD CHENANGO AVE SEDEEVA CIR N COLES RD MACOMBER AVE BERTLAND WAY 13 2 7 1942 1940 19261928 1994 1979 1971 13 2 9 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 12 5 6 1914 1918 1920 1928 1932 1936 1913 1915 1908 1916 1918 1920 1930 1936 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 5 1949 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1981 1987 1904 1910 1234 1224 1231 1226 1233 1232 1237 1295 1295 1969 1992 1935 1921 1917 1919 1927 1931 1933 1937 1287 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 1289 1281 1277 1273 1947 1283 1245 1249 1251 1257 1261 1995 312725 f -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Lawson, Sherri Lynn Case: ANX2013-06012 Site: 1947 Chenango Ave. Property Size (Acres): R-O-W: 0.142 acres 0.671 acres Land Use Zoning PIN: 03-29-15-28098-000-0241 From : To: RU R-4 RU LMDR Atlas Page: 251B Parkland Pa r k l a n d Pr e s e r v a t i o n la n d Vacant Si n gle F a m i l y H o m e s Single Family Homes Single Family Homes Attachment number 1 \nPage 6 of 7 Item # 9 ANX2013-06012 Lawson, Sherri Lynn 1947 Chenango Avenue View looking east at the subject property 1947 Chenango Avenue South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Chenango Avenue View looking southerly along Chenango Avenue Attachment number 1 \nPage 7 of 7 Item # 9 Ordinance No. 8454 -13 ORDINANCE NO. 8454-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHENANGO AVENUE AND STATE STREET, CONSISTING OF THE SOUTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1947 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET ABUTTING THE SOUTH HALF OF LOTS 24 AND 25 AND LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND STATE 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: The South ½ of Lots 24 and 25, all in Floradel Subdivision, according to the plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; together with all right of way of State Street abutting the South Half of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision including the intersection of Betty Lane and State Street. (ANX2013-06012) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Attachment number 2 \nPage 1 of 9 Item # 9 Ordinance No. 8454 -13 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 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 9 Item # 9 Attachment number 2 \nPage 3 of 9 Item # 9 Ordinance No.8455 -13 ORDINANCE NO. 8455-13 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 NORTHEAST CORNER OF CHENANGO AVENUE AND STATE STREET, CONSISTING OF THE SOUTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1947 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET ABUTTING THE SOUTH HALF OF LOTS 24 AND 25 AND LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The South ½ of Lots 24 and 25, all in Floradel Residential Urban (RU) Subdivision, according to the plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; to- gether with all right of way of State Street abut- ting the South Half of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, in- cluding the intersection of Betty Lane and State Street. (ANX2013-06012) The map attached as Exhibit A is hereby incorporated by reference. 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. 8454-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Attachment number 2 \nPage 4 of 9 Item # 9 Ordinance No.8455 -13 __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 5 of 9 Item # 9 Attachment number 2 \nPage 6 of 9 Item # 9 Ordinance No. 8456-13 ORDINANCE NO. 8456-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHENANGO AVENUE AND STATE STREET, CONSISTING OF THE SOUTH ONE- HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1947 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET ABUTTING THE SOUTH HALF OF LOTS 24 AND 25 AND LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND STATE 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 The South ½ of Lots 24 and 25, all in Floradel Low Medium Subdivision, according to the plat thereof as Density recorded in Plat Book 15, Page 7, of the Public Residential (LMDR) Records of Pinellas County, Florida; together with all right of way of State Street abutting the South Half of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, in- cluding the intersection of Betty Lane and State Street. (ANX2013-06012) The map attached as Exhibit A is hereby incorporated by reference. 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. 8454-13. Attachment number 2 \nPage 7 of 9 Item # 9 Ordinance No. 8456-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 8 of 9 Item # 9 Attachment number 2 \nPage 9 of 9 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1974 North Betty Lane (Lot 34, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8439-13, 8440-13 and 8441-13 on first reading. (ANX2013-06013) SUMMARY: This voluntary annexation petition involves a 0.117-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of North Betty Lane approximately 51 feet north of Bertland Way. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 10 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 1974 ANX2013-06013 - Smith\Maps\ANX2013-06013 Location Map.doc PROJECT SITE [ -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Smith, Godfrey A. Case: ANX2013-06013 Site: 1974 N. Betty Lane Property Size (Acres): 0.117 acres Land Use Zoning PIN: 03-29-15-28098-000-0340 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 1974 ANX2013-06013 - Smith\Maps\ANX2013-06013 Aerial Map.docx AERIAL MAP Owner: Smith, Godfrey A. Case: ANX2013-06013 Site: 1974 N. Betty Lane Property Size (Acres): 0.117 acres Land Use Zoning PIN: 03-29-15-28098-000-0340 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 1974 ANX2013-06013 - Smith\Maps\ANX2013-06013 Proposed Annexation Map.doc BE T T Y L N STATE ST WOODLAWN TER CHENANGO AVE SEDEEVA CIR N SHO RE DR BERTLAND WAY MACOMBER AVE POINSETTA AVE 12 9 5 1942 1940 19261928 12 9 5 1969 2014 13 1 0 1992 1994 2025 1979 1971 13 3 3 13 2 9 13 2 7 13 2 5 1927 1925 1923 1918 1924 1926 1932 1938 1936 1940 1935 1921 1918 1920 1928 1932 1936 1919 1927 1931 1933 1937 12 8 7 1918 1920 1930 1936 1940 1944 1938 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1949 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1245 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1296 1286 1999 1997 1981 1987 1996 1995 1244 1300 1290 1974 12 126 1260 1256 1252 1246 1244 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Smith, Godfrey A. Case: ANX2013-06013 Site: 1974 N. Betty Lane Property Size (Acres): 0.117 acres Land Use Zoning PIN: 03-29-15-28098-000-0340 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 1974 ANX2013-06013 - Smith\Maps\ANX2013-06013 Future Land Use Map.doc OS/R RU RU P RU R/OS RU RU RM RURU P RU RM R/OS RU RM RU RURU RMRU RM BE T T Y L N STATE ST WOODLAWN TER CHENANGO AVE SEDEEVA CIR N SHO RE DR BERTLAND WAY POINSETTA AVE MACOMBER AVE 12 9 5 1942 1940 19261928 12 9 5 1969 2014 13 1 0 13 0 0 1992 1994 1979 1971 13 3 3 13 2 9 13 2 7 13 2 5 1927 1925 1923 1918 1924 1926 1932 1938 1936 1940 1935 1921 1918 1920 1928 1932 1936 1919 1927 1931 1933 1937 12 8 7 1918 1920 1930 1936 1940 1944 1938 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 7 4 1950 1952 12 8 9 12 8 5 12 7 7 12 7 3 1947 1949 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1295 1291 1287 12831277 1273 1271 1267 1265 1261 1253 1249 1245 1286 1260 1256 1246 1999 1997 1981 1987 1996 1995 2025 1282 1281 1974 1296126 1262 1252 2 1244½ -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Smith, Godfrey A. Case: ANX2013-06013 Site: 1974 N. Betty Lane Property Size (Acres): 0.117 acres Land Use Zoning PIN: 03-29-15-28098-000-0340 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 1974 ANX2013-06013 - Smith\Maps\ANX2013-06013 Zoning Map.doc OS/ BE T T Y L N STATE ST CHENANGO AVE SEDEEVA CIR N SHO RE DR BERTLAND WAY MACOMBER AVE WOO D LAWN TE R POINSETTA AVE WOODLAWN TER 13 2 7 12 9 5 1942 1940 19261928 12 9 5 1969 2014 1992 1994 1979 1971 13 3 3 13 2 9 1927 1925 1923 1909 1913 1915 1917 1918 1924 1926 1932 1938 1936 1940 1935 1921 1918 1920 1928 1932 1936 1919 1927 1931 1933 1937 12 8 7 1918 1920 1930 1936 1940 1944 1938 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1949 1933 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1239 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1999 1997 1981 1987 1996 1995 OS/R LMDR MDR 12 1313 1919 1290 1974 129 121112 121212 LMDR LMDR LMDR -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Smith, Godfrey A. Case: ANX2013-06013 Site: 1974 N. Betty Lane Property Size (Acres): 0.117 acres Land Use Zoning PIN: 03-29-15-28098-000-0340 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 1974 ANX2013-06013 - Smith\Maps\ANX2013-06013 Existing Surrounding Uses Map.doc BE T T Y L N STATE ST WOODLAWN TER CHENANGO AVE SEDEEVA CIR N SHORE DR BERTLAND WAY MACOMBER AVE POINSETTA AVE 12 9 5 1942 1940 19261928 12 9 5 1969 2014 13 1 0 1992 1994 2025 1979 1971 13 3 3 13 2 9 13 2 7 13 2 5 1927 1925 1923 1918 1924 1926 1932 1938 1936 1940 1935 1921 1918 1920 1928 1932 1936 1919 1927 1931 1933 1937 12 8 7 1918 1920 1930 1936 1940 1944 1938 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1949 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1245 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1296 1286 1999 1997 1981 1987 1996 1995 1244 1300 1290 1974 12 126 1260 1256 1252 1246 1244 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Smith, Godfrey A. Case: ANX2013-06013 Site: 1974 N. Betty Lane Property Size (Acres): 0.117 acres Land Use Zoning PIN: 03-29-15-28098-000-0340 From : To: RU R-4 RU LMDR Atlas Page: 251B Parkland Vacant Parkland Preservation land Vacant Si n gle F a m i l y H o m e s Single Family Homes Single Family Homes Single Family Homes Attachment number 1 \nPage 6 of 7 Item # 10 ANX2013-06013 Smith, Godfrey A. 1974 N. Betty Lane View looking west at the subject property, 1974 N Betty Lane South of the subject property Across the street, to the east of the subject property North of the subject property View looking northerly along Betty Lane View looking southerly along Betty Lane Attachment number 1 \nPage 7 of 7 Item # 10 Ordinance No. 8439 -13 ORDINANCE NO. 8439-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 51 FEET NORTH OF BERTLAND WAY, CONSISTING OF LOT 34, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1974 NORTH BETTY LANE, 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 34, of Floradel Subdivision, according to the Plat thereof, as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida. (ANX2013-06013) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 2 \nPage 1 of 8 Item # 10 Ordinance No. 8439 -13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 10 Attachment number 2 \nPage 3 of 8 Item # 10 Ordinance No.8440 -13 ORDINANCE NO. 8440-13 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 THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 51 FEET NORTH OF BERTLAND WAY, CONSISTING OF LOT 34, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1974 NORTH BETTY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 34, of Floradel Subdivision, according Residential Urban (RU) to the Plat thereof, as recorded in Plat Book 15, Page 7 of the Public Records of Pinellas County, Florida. (ANX2013-06013) The map attached as Exhibit A is hereby incorporated by reference. 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. 8439-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 10 Attachment number 2 \nPage 5 of 8 Item # 10 Ordinance No. 8441-13 ORDINANCE NO. 8441-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 51 FEET NORTH OF BERTLAND WAY, CONSISTING OF LOT 34, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1974 NORTH BETTY LANE, 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 34, of Floradel Subdivision, according Low Medium to the Plat thereof, as recorded in Plat Density Resi- Book 15, Page 7 of the Public Records dential (LMDR) Of Pinellas County, Florida. (ANX2013-06013) The map attached as Exhibit A is hereby incorporated by reference. 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. 8439-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 2 \nPage 6 of 8 Item # 10 Ordinance No. 8441-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 10 Attachment number 2 \nPage 8 of 8 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1949 Chenango Avenue (North ½ of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8445-13, 8446-13 and 8447-13 on first reading. (ANX2013-06014) SUMMARY: This voluntary annexation petition involves a 0.145-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southeast corner of Chenango Avenue and Bertland Way. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the east. The Planning and Development Department is requesting that the 0.825-acres of Bertland Way right-of-way abutting the property and extending east to the intersection of North Betty Lane and Bertland Way not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Cover Memo Item # 11 The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 11 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1949 ANX2013-06014 - Ullman\Maps\ANX2013- 06014 Location Map.doc ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Ullman, Ruth E. Case: ANX2013-06014 Site: 1949 Chenango Ave. Property Size: 0.145 acres ROW Size: 0.825 acres Land Use Zoning PIN: 03-29-15-28098-000-0240 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 11 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1949 ANX2013-06014 - Ullman\Maps\ANX2013- 06014 Aerial Photograph.doc BETTY LN BETTY LN STATE ST STATE ST SEDEEVA CIR NSEDEEVA CIR N CHENANGO AVE CHENANGO AVE COLES RD COLES RD MACOMBER AVE MACO MBER AVE SEDEEVA CIR S SEDEEVA CIR S POINSETTA AV E POINSETTA AVE SHORE DR SHORE DR -N o t t o S c a l e - -N o t a S u r v e y - AERIAL PHOTOGRAPH Owner: Ullman, Ruth E. Case: ANX2013-06014 Site: 1949 Chenango Ave. Property Size: 0.145 acres ROW size: 0.825 acres Land Use Zoning PIN: 03-29-15-28098-000-0240 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 11 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1949 ANX2013-06014 - Ullman\Maps\ANX2013- 06014 Proposed Annexation Map.doc BET TY LN STATE ST SEDEEVA CIR N CHENANGO AVE COLES RD MACOMBER AVE SEDEEVA CIR S ALOHA LN SHERIDAN RD 1942 1969 13 2 7 12 9 5 1940 19261928 12 9 5 12 2 4 1992 1994 1979 1971 13 2 9 1927 1925 1923 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 1916 1918 1924 1926 1932 1938 1936 1940 1935 1921 1917 1914 1918 1920 1928 1932 1936 1915 1919 1927 1931 1933 1937 12 8 7 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 12 3 7 1239 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1230 1997 1981 1987 1996 1995 1904 1910 1217 1224 1218 1216 1231 1226 1220 1216 12331225 1232 1226 1221 1229 1233 1237 BERTLAND WAY P O I N S E T T A A V E SHORE DR 19131908 1949 1223 1222 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Ullman, Ruth E. Case: ANX2013-06014 Site: 1949 Chenango Ave. Property Size: 0.145 acres ROW size: 0.825 acres Land Use Zoning PIN: 03-29-15-28098-000-0240 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 11 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1949 ANX2013-06014 - Ullman\Maps\ANX2013- 06014 Future Land Use Map.doc RU RU RU RU RU RU RU RU R/OS RU RU RU RU RM P RM P R/OS RU BETTY LN STATE ST SEDEEVA CIR N CHENANGO AVE COLES RD MACOMBER AVE SEDEEVA CIR S ALOHA LN SHERIDAN RD 1942 1969 13 2 7 12 9 5 1940 19261928 12 9 5 12 2 4 1992 1994 1979 1971 13 2 9 1927 1925 1923 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 1916 1918 1924 1926 1932 1938 1936 1940 1935 1921 1917 1914 1918 1920 1928 1932 1936 1915 1919 1927 1931 1933 1937 12 8 7 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1933 1943 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 12 5 1 12 3 7 1239 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1230 1997 1981 1987 1996 1995 1904 1910 1217 1224 1218 1216 1231 1226 1220 1216 12331225 1232 1226 1221 1229 1233 1237 BERTLAND WAY P O I N S E T T A A V E SHORE DR 19131908 1282 1949 1230 1223 1222 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Ullman, Ruth E. Case: ANX2013-06014 Site: 1949 Chenango Ave. Property Size: 0.145 acres ROW Size: 0.825 acres Land Use Zoning PIN: 03-29-15-28098-000-0240 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 11 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1949 ANX2013-06014 - Ullman\Maps\ANX2013- 06014 Zoning Map.doc BETTY LN STATE ST SEDEEVA CIR N CHENANGO AVE COLES RD MACOMBER AVE SEDEEVA CIR S ALOHA LN SHERIDAN RD LMDR OS/R MDR LMDR 1942 1969 13 2 7 12 9 5 1940 19261928 12 9 5 12 2 4 1992 1994 1979 1971 13 2 9 1927 1925 1923 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 1916 1918 1924 1926 1932 1938 1936 1940 1935 1921 1917 1914 1918 1920 1928 1932 1936 1915 1919 1927 1931 1933 1937 12 8 7 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 12 5 1 12 3 7 1239 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1230 1997 1981 1987 1996 1995 1904 1910 1217 1224 1218 1216 1231 1226 1220 1216 12331225 1232 1226 1221 BERTLAND WAY P O I N S E T T A A V E SHORE DR MDR LMDR LMDR 19131908 1290 1286 1282 1949 1223 1222 1229 1233 1237 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Ullman, Ruth E. Case: ANX2013-06014 Site: 1949 Chenango Ave. Property Size: 0.145 acres ROW Size: 0.825 acres Land Use Zoning PIN: 03-29-15-28098-000-0240 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 11 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Chenango Ave. 1949 ANX2013-06014 - Ullman\Maps\ANX2013- 06014 Existing Surrounding Uses Map.doc BETTY LN STATE ST SEDEEVA CIR N CHENANGO AVE COLES RD MACOMBER AVE SEDEEVA CIR S ALOHA LN SHERIDAN RD 1942 1969 13 2 7 12 9 5 1940 19261928 12 9 5 12 2 4 1992 1994 1979 1971 13 2 9 1927 1925 1923 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 1916 1918 1924 1926 1932 1938 1936 1940 1935 1921 1917 1914 1918 1920 1928 1932 1936 1915 1919 1927 1931 1933 1937 12 8 7 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 12 3 7 1239 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 1230 1997 1981 1987 1996 1995 1904 1910 1217 1224 1218 1216 1231 1226 1220 1216 12331225 1232 1226 1221 1229 1233 1237 BERTLAND WAY P O I N S E T T A A V E SHORE DR 19131908 1949 1223 1222 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Ullman, Ruth E. Case: ANX2013-06014 Site: 1949 Chenango Ave. Property Size: 0.145 acres ROW Size: 0.825 acres Land Use Zoning PIN: 03-29-15-28098-000-0240 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Parkland Single Family Homes Si n gle F a m i l y H o m e s Vacant Attachment number 1 \nPage 6 of 7 Item # 11 ANX2013-06014 Ullman, Ruth E. 1949 Chenango Avenue View looking east at the subject property 1949 Chenango Avenue South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Chenango Avenue View looking southerly along Chenango Avenue Attachment number 1 \nPage 7 of 7 Item # 11 Ordinance No. 8445-13 ORDINANCE NO. 8445-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF CHENANGO AVENUE AND BERTLAND WAY, CONSISTING OF THE NORTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1949 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF BERTLAND WAY ABUTTING THE NORTH HALF OF LOTS 24 AND 25 AND ABUTTING LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND BERTLAND WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The North One-half (N ½) of Lots 24 and 25, Floradel Subdivision, ac- cording to map or plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; together with all right of way of Bertland Way abutting the North Half (N1/2) of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, including the intersection of Betty Lane and Bertland Way. (ANX2013-06014) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Attachment number 2 \nPage 1 of 9 Item # 11 Ordinance No. 8445-13 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 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 9 Item # 11 Attachment number 2 \nPage 3 of 9 Item # 11 Ordinance No. 8446-13 ORDINANCE NO. 8446 -13 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 SOUTHEAST CORNER OF CHENANGO AVENUE AND BERTLAND WAY, CONSISTING OF THE NORTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1949 CHENANGO AVENUE, TOGETHER WITH ALL RIGHTS OF WAY OF BERTLAND WAY ABUTTING THE NORTH HALF OF LOTS 24 AND 25 AND ABUTTING LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND BERTLAND WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The North One-half (N ½) of Lots 24 and 25, Residential Urban (RU) Floradel Subdivision, according to map or plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; together with all right of way of Bertland Way abutting the North Half (N1/2) of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, including the intersection of Betty Lane and Bertland Way. (ANX2013-06014) The map attached as Exhibit A is hereby incorporated by reference. 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. 8445-13. Attachment number 2 \nPage 4 of 9 Item # 11 Ordinance No. 8446-13 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 5 of 9 Item # 11 Attachment number 2 \nPage 6 of 9 Item # 11 Ordinance No. 8447-13 ORDINANCE NO. 8447-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF CHENANGO AVENUE AND BERTLAND WAY, CONSISTING OF THE NORTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1949 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF BERTLAND WAY ABUTTING THE NORTH HALF OF LOTS 24 AND 25 AND ABUTTING LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND BERTLAND WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, 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 The North one-half (N ½) of Lots 24 and 25, Low Medium Floradel Subdivision, according to map or plat Density thereof as recorded in Plat Book 15, Page 7, Residential (LMDR) of the Public Records of Pinellas County, Florida; together with all right of way of Bertland Way abutting the North Half (N1/2) of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, including the Intersection of Betty Lane and Bertland Way . (ANX2013-06014) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Attachment number 2 \nPage 7 of 9 Item # 11 Ordinance No. 8447-13 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8445-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 8 of 9 Item # 11 Attachment number 2 \nPage 9 of 9 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2079 Lantana Avenue (Lot 10, Block D, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8442-13, 8443-13 and 8444-13 on first reading. (ANX2013-06015) SUMMARY: This voluntary annexation petition involves a 0.129-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Lantana Avenue approximately 114 feet south of Union Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 12 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 12 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave. 2079 ANX2013-06015 - Meinke\Maps\ANX2013- 06015 Location Map.doc ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Meinke, Lloyd Ronald Case: ANX2013-06015 Site: 2079 Lantana Ave. Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-004-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 12 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave. 2079 ANX2013-06015 - Meinke\Maps\ANX2013- 06015 Aerial Map.docx Aerial Map Owner: Meinke, Lloyd Ronald Case: ANX2013-06015 Site: 2079 Lantana Ave. Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-004-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 12 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave. 2079 ANX2013-06015 - Meinke\Maps\ANX2013- 06015 Proposed Annexation Map.doc 30 60 60 98074 C D E H I 1 2 3 4 5 6 10 11 12 16 1 2 3 4 5 9 10 11 12 13 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 36UNION ST ARBELIA ST LANTANA AVE EVERGREEN AVE 2088 2080 2084 2057 2080 2084 2071 2081 13 4 5 13 4 1 13 3 7 2075 2071 13 4 9 13 5 5 2049 2053 2067 2060 2001 2061 2075 2077 2079 13 5 3 13 9 0 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Meinke, Lloyd Ronald Case: ANX2013-06015 Site: 2079 Lantana Ave. Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-004-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 12 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave. 2079 ANX2013-06015 - Meinke\Maps\ANX2013- 06015 Future Land Use Map.doc 30 60 60 98074 C D E H I 1 2 3 4 5 6 10 11 12 16 1 2 3 4 5 9 10 11 12 13 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 36 RU RM RH RH RU RMRU RU RU RURU UNION ST ARBELIA ST LANTANA AVE EVERGREEN AVE 2088 2080 2084 20802071 2081 13 4 5 13 4 1 13 3 7 2075 2071 13 4 9 13 5 5 2049 2053 2067 2060 2001 2061 2075 2057 2084 2077 2079 13 5 3 13 9 0 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Meinke, Lloyd Ronald Case: ANX2013-06015 Site: 2079 Lantana Ave. Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-004-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 12 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave. 2079 ANX2013-06015 - Meinke\Maps\ANX2013- 06015 Zoning Map.doc 30 60 60 98074 C D E H I 1 2 3 4 5 6 10 11 12 16 1 2 3 4 5 9 10 11 12 13 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 36UNION ST ARBELIA ST LANTANA AVE EVERGREEN AVE HDR LMDR MDR MDR 2088 2080 2084 2057 2080 2084 2071 2081 13 4 5 13 4 1 13 3 7 2075 2071 13 4 9 13 5 5 2049 2053 2067 2060 2001 2061 2075 2077 2079 13 5 3 13 9 0 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Meinke, Lloyd Ronald Case: ANX2013-06015 Site: 2079 Lantana Ave. Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-004-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 12 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave. 2079 ANX2013-06015 - Meinke\Maps\ANX2013- 06015 Existing Surrounding Uses Map.doc 30 60 60 98074 C D E H I 1 2 3 4 5 6 10 11 12 16 1 2 3 4 5 9 10 11 12 13 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 36UNION ST ARBELIA ST LANTANA AVE EVERGREEN AVE 2088 2080 2084 2057 2080 2084 2071 2081 13 4 5 13 4 1 13 3 7 2075 2071 13 4 9 13 5 5 2049 2053 2067 2060 2001 2061 2075 2077 2079 13 5 3 13 9 0 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Meinke, Lloyd Ronald Case: ANX2013-06015 Site: 2079 Lantana Ave. Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-004-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Va c a n t Mu l t i f a m i l y H o u s i n g Multifamily Housing Va c a n t Single Family House Si n g l e F a m i l y Ho u s e Single Family Houses Attachment number 1 \nPage 6 of 7 Item # 12 ANX2013-06015 Meinke, Lloyd Ronald 2079 Lantana Ave. View looking east at the subject property 2079 Lantana Ave. South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Lantana Ave View looking southerly along Lantana Ave Attachment number 1 \nPage 7 of 7 Item # 12 Ordinance No. 8442 -13 ORDINANCE NO. 8442-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LANTANA AVENUE APPROXIMATELY 114 FEET SOUTH OF UNION STREET, CONSISTING OF LOT 10, BLOCK D, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2079 LANTANA AVENUE, 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 10, Block D, Brooklawn, according to the map or plat thereof in Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida. (ANX2013-06015) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 2 \nPage 1 of 8 Item # 12 Ordinance No. 8442 -13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 12 Attachment number 2 \nPage 3 of 8 Item # 12 Ordinance No.8443 -13 ORDINANCE NO. 8443-13 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 EAST SIDE OF LANTANA AVENUE APPROXIMATELY 114 FEET SOUTH OF UNION STREET, CONSISTING OF LOT 10, BLOCK D, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2079 LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 10, Block D, Brooklawn, according to the Residential Urban (RU) map or plat thereof in Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida. (ANX2013-06015) The map attached as Exhibit A is hereby incorporated by reference. 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. 8442-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 12 Attachment number 2 \nPage 5 of 8 Item # 12 Ordinance No.8444 -13 ORDINANCE NO. 8444-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LANTANA AVENUE APPROXIMATELY 114 FEET SOUTH OF UNION STREET, CONSISTING OF LOT 10, BLOCK D, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2079 LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENITAL (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 10, Block D, Brooklawn, according Low Medium to the map or plat thereof in Plat Density Book 13, Page 59 of the Public Records Residential (LMDR) of Pinellas County, Florida. (ANX2013-06015) The map attached as Exhibit A is hereby incorporated by reference. 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. 8442-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 12 Ordinance No.8444 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 12 Attachment number 2 \nPage 8 of 8 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1274 Palm Street (Lot 10, Knight’s Acres, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8448-13, 8449-13 and 8450-13 on first reading. (ANX2013-06016) SUMMARY: This voluntary annexation petition involves a 0.118-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Palm Street approximately 153 feet west of North Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the city’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 13 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 13 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1274 ANX2013-06016 - Robinson\Maps\ANX2013-06016 Location Map.doc ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Robinson, Kathleen and Thurman Case: ANX2013-06016 Site: 1274 Palm Street Property Size (Acres): 0.118 acres Land Use Zoning PIN: 03-29-15-46998-000-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 13 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1274 ANX2013-06016 - Robinson\Maps\ANX2013-06016 Aerial Photograph.doc UNION ST UNION ST PALM ST PALM ST BETTY LN BETTY LN BERMUDA ST BERMUDA ST -N o t t o S c a l e - -N o t a S u r v e y - AERIAL PHOTOGRAPH Owner: Robinson, Kathleen and Thurman Case: ANX2013-06016 Site: 1274 Palm Street Property Size (Acres): 0.118 acres Land Use Zoning PIN: 03-29-15-46998-000-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 13 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1274 ANX2013-06016 - Robinson\Maps\ANX2013-06016 Proposed Annexation Map.doc 60 60 60 60 46998 19 20 21 22 23242526 19 20 21 22 23242526 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 29 1 2 8 9 10 1 2 3 4 63 30 36 1 UNION ST PALM ST BETTY LN BERMUDA ST 12 5 5 12 5 9 12 7 1 12 6 3 2071 2083 2065 2069 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 8 2 12 7 8 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 2079 2067 12 9 3 12 7 9 12 7 7 12 4 7 12 7 4 12 4 6 12 4 7 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Robinson, Kathleen and Thurman Case: ANX2013-06016 Site: 1274 Palm Street Property Size (Acres): 0.118 acres Land Use Zoning PIN: 03-29-15-46998-000-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 13 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1274 ANX2013-06016 - Robinson\Maps\ANX2013-06016 Future Land Use Map.doc 60 60 60 60 46998 19 20 21 22 23242526 19 20 21 22 23242526 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 29 1 2 8 9 10 1 2 3 4 63 30 36 1 RU RU RU RU RU UNION ST PALM ST BETTY LN BERMUDA ST 12 5 5 12 5 9 12 7 1 12 6 3 2071 2083 2065 2069 12 7 1 12 6 7 12 5 9 12 5 5 12 5 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 8 2 12 7 8 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 2079 2067 12 9 3 12 7 9 12 7 7 12 6 5 12 4 7 12 7 4 12 4 6 12 4 7 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Robinson, Kathleen and Thurman Case: ANX2013-06016 Site: 1274 Palm Street Property Size (Acres): 0.118 acres Land Use Zoning PIN: 03-29-15-46998-000-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 13 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1274 ANX2013-06016 - Robinson\Maps\ANX2013-06016 Zoning Map.doc 60 60 60 60 46998 19 20 21 22 23242526 19 20 21 22 23242526 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 29 1 2 8 9 10 1 2 3 4 63 30 36 1 UNION ST PALM ST BETTY LN BERMUDA ST LMDR 12 5 5 12 5 9 12 7 1 12 6 3 2071 2083 2065 2069 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 8 2 12 7 8 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 2079 2067 12 9 3 12 7 9 12 7 7 12 4 7 12 7 4 12 4 6 12 4 7 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Robinson, Kathleen and Thurman Case: ANX2013-06016 Site: 1274 Palm Street Property Size (Acres): 0.118 acres Land Use Zoning PIN: 03-29-15-46998-000-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B LM D R Attachment number 1 \nPage 5 of 7 Item # 13 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1274 ANX2013-06016 - Robinson\Maps\ANX2013-06016 Existing Surrounding Uses Map.doc 60 60 60 60 46998 19 20 21 22 23242526 19 20 21 22 23242526 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 29 1 2 8 9 10 1 2 3 4 63 30 36 1 UNION ST PALM ST BETTY LN BERMUDA ST 12 5 5 12 5 9 12 7 1 12 6 3 2071 2083 2065 2069 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 8 2 12 7 8 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 2079 2067 12 9 3 12 7 9 12 7 7 12 4 7 12 7 4 12 4 6 12 4 7 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Robinson, Kathleen and Thurman Case: ANX2013-06016 Site: 1274 Palm Street Property Size (Acres): 0.118 acres Land Use Zoning PIN: 03-29-15-46998-000-0100 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Attachment number 1 \nPage 6 of 7 Item # 13 ANX2013-06016 Robinson, Kathleen and Thurman 1274 Palm Street View looking north at the subject property 1274 Palm Street. West of the subject property Across the street, to the south of the subject property East of the subject property View looking westerly along Palm Street View looking easterly along Palm Street Attachment number 1 \nPage 7 of 7 Item # 13 Ordinance No. 8448 -13 ORDINANCE NO. 8448-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 153 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 10, KNIGHT’S ACRES, WHOSE POST OFFICE ADDRESS IS 1274 PALM 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 10, Knight’s Acres, according to the map or plat thereof, recorded In Plat Book 11, Page 67 of the Public Records of Pinellas County, Florida. (ANX2013-06016) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development 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 Attachment number 2 \nPage 1 of 8 Item # 13 Ordinance No. 8448 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 13 Attachment number 2 \nPage 3 of 8 Item # 13 Ordinance No.8449 -13 ORDINANCE NO. 8449-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 153 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 10, KNIGHT’S ACRES, WHOSE POST OFFICE ADDRESS IS 1274 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 10, Knight’s Acres, according to the map or Residential Urban (RU) Plat thereof, recorded in Plat Book 11, Page 67 of the Public Records of Pinellas County, Florida. (ANX2013-06016) The map attached as Exhibit A is hereby incorporated by reference. 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. 8448-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 13 Attachment number 2 \nPage 5 of 8 Item # 13 Ordinance No. 8450 -13 ORDINANCE NO. 8450-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 153 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 10, KNIGHT’S ACRES, WHOSE POST OFFICE ADDRESS IS 1274 PALM 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 10, Knight’s Acres, according to the map or Low Medium Plat thereof, recorded in Plat Book 11, Page 67 Density of the Public Records of Pinellas County, Residential (LMDR) Florida. (ANX2013-06016) The map attached as Exhibit A is hereby incorporated by reference. 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. 8448-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 2 \nPage 6 of 8 Item # 13 Ordinance No. 8450 -13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 13 Attachment number 2 \nPage 8 of 8 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1206 Sheridan Road (Lot 3, Block 2, Sunset Knoll, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8451-13, 8452-13 and 8453-13 on first reading. (ANX2013-06017) SUMMARY: This voluntary annexation petition involves a 0.176-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Sheridan Road approximately 136 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 14 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 14 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sheridan Rd. 1206 ANX2013-06017 - Rinker\Maps\ANX2013-06017 Location Map.doc ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Rinker, John F. Case: ANX2013-06017 Site: 1206 Sheridan Road Property Size (Acres): 0.176 acres Land Use Zoning PIN: 03-29-15-87912-002-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 14 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sheridan Rd. 1206 ANX2013-06017 - Rinker\Maps\ANX2013-06017 Aerial Photograph.doc DOUGLAS AVE DOUGLAS AVE ALOHA LN ALOHA LN SUNSET POINT RD SUNSET POINT RD SHERIDAN RD SHERIDAN RD -N o t t o S c a l e - -N o t a S u r v e y - AERIAL PHOTOGRAPH Owner: Rinker, John F. Case: ANX2013-06017 Site: 1206 Sheridan Road Property Size (Acres): 0.176 acres Land Use Zoning PIN: 03-29-15-87912-002-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 14 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sheridan Rd. 1206 ANX2013-06017 - Rinker\Maps\ANX2013-06017 Proposed Annexation Map.doc 33 58 63 97 40 40 63 87912 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 8 9 10 11 12 13 1 2 3 4 5 6 7 15 16 17 18 19 202122 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 DOUGLAS AVE ALOHA LN SUNSET POINT RD SHERIDAN RD 1944 1942 1938 1910 1930 1934 1936 1915 12 0 6 12 0 3 12 0 5 12 0 9 12 1 3 1903 12 1 9 12 0 3 12 1 1 12 0 1 12 1 3 12 1 5 12 1 7 12 0 1 1901 12 0 8 12 1 0 12 2 4 12 1 8 12 1 6 12 1 2 12 0 4 12 0 0 12 1 4 12 2 0 12 1 6 12 1 2 12 0 4 1178 1184 1182 1172 1929 1186 1941 1943 1202 1180 1206 1226 1927 1933 1945 af -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Rinker, John F. Case: ANX2013-06017 Site: 1206 Sheridan Road Property Size (Acres): 0.176 acres Land Use Zoning PIN: 03-29-15-87912-002-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 14 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sheridan Rd. 1206 ANX2013-06017 - Rinker\Maps\ANX2013-06017 Future Land Use Map.doc 33 58 63 97 40 40 63 87912 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 8 9 10 11 12 13 1 2 3 4 5 6 7 15 16 17 18 19 202122 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 I RU RU RU RU RM CG RU DOUGLAS AVE ALOHA LN SUNSET POINT RD SHERIDAN RD 1944 1942 1938 1910 1930 1934 1936 1915 12 0 6 12 0 3 12 0 5 12 0 9 12 1 3 12 1 9 12 0 3 12 1 1 12 0 1 12 1 3 12 1 5 12 1 7 12 0 1 12 0 8 12 1 0 12 2 4 12 1 8 12 1 6 12 1 2 12 0 4 12 0 0 12 1 4 12 2 0 12 1 6 12 1 2 1184 1182 1172 1929 1186 1941 1943 1202 1903 1901 1206 1226 1204 1178 1927 1933 1945 1180 af -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Rinker, John F. Case: ANX2013-06017 Site: 1206 Sheridan Road Property Size (Acres): 0.176 acres Land Use Zoning PIN: 03-29-15-87912-002-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 14 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sheridan Rd. 1206 ANX2013-06017 - Rinker\Maps\ANX2013-06017 Zoning Map.doc 33 58 63 97 40 40 63 87912 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 8 9 10 11 12 13 1 2 3 4 5 6 7 15 16 17 18 19 202122 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 DOUGLAS AVE ALOHA LN SUNSET POINT RD SHERIDAN RD I MDR MDR LMDR LMDR 1944 1942 1938 1910 1930 1934 1936 12 0 6 12 0 3 12 0 5 12 0 9 12 1 3 1903 12 1 9 12 0 3 12 1 1 12 0 1 12 1 3 12 1 5 12 1 7 12 0 1 1901 12 0 8 12 1 0 12 2 4 12 1 8 12 1 6 12 1 2 12 0 4 12 1 4 12 2 0 12 1 6 12 1 2 12 0 4 1184 1172 1929 1186 1941 1943 1915 1206 1200 1226 1178 1927 1933 1182 1945 1202 1180 af -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Rinker, John F. Case: ANX2013-06017 Site: 1206 Sheridan Road Property Size (Acres): 0.176 acres Land Use Zoning PIN: 03-29-15-87912-002-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B LM D R Attachment number 1 \nPage 5 of 7 Item # 14 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sheridan Rd. 1206 ANX2013-06017 - Rinker\Maps\ANX2013-06017 Existing Surrounding Uses Map.doc 33 58 63 97 40 40 63 87912 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 8 9 10 11 12 13 1 2 3 4 5 6 7 15 16 17 18 19 202122 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 DOUGLAS AVE ALOHA LN SUNSET POINT RD SHERIDAN RD 1944 1942 1938 1910 1930 1934 1936 1915 12 0 6 12 0 3 12 0 5 12 0 9 12 1 3 1903 12 1 9 12 0 3 12 1 1 12 0 1 12 1 3 12 1 5 12 1 7 12 0 1 1901 12 0 8 12 1 0 12 2 4 12 1 8 12 1 6 12 1 2 12 0 4 12 0 0 12 1 4 12 2 0 12 1 6 12 1 2 12 0 4 1178 1184 1182 1172 1929 1186 1941 1943 1202 1180 1206 1226 1927 1933 1945 af -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Rinker, John F. Case: ANX2013-06017 Site: 1206 Sheridan Road Property Size (Acres): 0.176 acres Land Use Zoning PIN: 03-29-15-87912-002-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Multifamily Housing Place of Worship Retail Sales Multifamily Housing Attachment number 1 \nPage 6 of 7 Item # 14 ANX2013-06017 Rinker, John F. 1206 Sheridan Road View looking north at the subject property 1206 Sheridan Road West of the subject property Across the street, to the south of the subject property East of the subject property View looking westerly along Sheridan Road View looking easterly along Sheridan Road Attachment number 1 \nPage 7 of 7 Item # 14 Ordinance No. 8451 -13 ORDINANCE NO. 8451-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN ROAD APPROXIMATELY 136 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 3, BLOCK 2, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1206 SHERIDAN ROAD, 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 3, Block 2, Sunset Knoll Subdivision according to map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida. (ANX2013-06017) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development 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 Attachment number 2 \nPage 1 of 8 Item # 14 Ordinance No. 8451 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 14 Attachment number 2 \nPage 3 of 8 Item # 14 Ordinance No. 8452-13 ORDINANCE NO. 8452-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN ROAD APPROXIMATELY 136 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 3, BLOCK 2, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1206 SHERIDAN ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Block 2, Sunset Knoll Subdivision Residential Urban (RU) according to map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida. (ANX2013-06017) The map attached as Exhibit A is hereby incorporated by reference. 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. 8451-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 14 Attachment number 2 \nPage 5 of 8 Item # 14 Ordinance No. 8453-13 ORDINANCE NO. 8453-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN ROAD APPROXIMATELY 136 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 3 BLOCK 2, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1206 SHERIDAN ROAD, 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 3, Block 2, Sunset Knoll Subdivision Low Medium according to map or plat thereof as recorded in Density Plat Book 24, Page 26 of the Public Records of Residential (LMDR) Pinellas County, Florida. (ANX2013-06017) The map attached as Exhibit A is hereby incorporated by reference. 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. 8451-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 14 Ordinance No. 8453-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 14 Attachment number 2 \nPage 8 of 8 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1327 State Street (Lots 2 and 3, Lange’s Replat of Brown’s Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8457-13, 8458-13 and 8459-13 on first reading. (ANX2013-06018) SUMMARY: This voluntary annexation petition involves a 0.316-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of State Street approximately 68 feet east of North Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the north and west. The Planning and Development Department is requesting that the 0.269-acres of State Street right-of-way extending east of the intersection of North Betty Lane and State Street not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Cover Memo Item # 15 The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\State St. 1327 ANX2013-06018 - Zhang\Maps\ANX2013-06018 Location Map.doc ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Zhang, Xiaoying Case: ANX2013-06018 Site: 1327 State Street Property Size: ROW Size: 0.317 acres 0.269 acres Land Use Zoning PIN: 03-29-15-49986-000-0020 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\State St. 1327 ANX2013-06018 - Zhang\Maps\ANX2013-06018 Aerial Map.docx AERIAL MAP Owner: Zhang, Xiaoying Case: ANX2013-06018 Site: 1327 State Street Property Size: ROW Size: 0.317 acres 0.269 acres Land Use Zoning PIN: 03-29-15-49986-000-0020 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\State St. 1327 ANX2013-06018 - Zhang\Maps\ANX2013-06018 Proposed Annexation Map.doc STATE ST BETTY LN SUNSET POINT RD CHENANGO AVE MACOMBER AVE SEDEEVA CIR N BERTLAND WAY 1942 1969 12 9 5 1940 19261928 12 9 5 1992 1979 1971 13 3 3 13 2 9 1927 1925 1923 13 4 0 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1903 12 5 6 1935 1921 1917 1914 1918 1920 1928 1932 1936 1913 1915 1919 1927 1931 1933 1937 12 8 7 1908 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1949 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 1981 1987 1995 1988 1984 19761980 1974 1968 1970 1964 1972 1950 1954 1958 1962 19 6 6 1960 1351 1327 16 18 24 26 32 38 36 40 12121212 1212121212 1952 1956 1Towr 1299Traf -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Zhang, Xiaoying Case: ANX2013-06018 Site: 1327 State Street Property Size: ROW Size: 0.317 acres 0.269 acres Land Use Zoning PIN: 03-29-15-49986-000-0020 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\State St. 1327 ANX2013-06018 - Zhang\Maps\ANX2013-06018 Future Land Use Map.doc IP RU R/OS RU RLM RU RU RU P RU RU R/OS RM RU P RM RM STATE ST BETTY LN SUNSET POINT RD FREEDOM DR MACOMBER AVE SEDEEVA CIR N BERTLAND WAY 1942 1969 12 9 5 1940 19261928 12 9 5 1992 1979 1971 13 3 3 13 2 9 1925 1923 13 4 0 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1903 12 5 6 1935 1921 1917 1914 1918 1920 1928 1932 1936 1913 1915 1919 1927 1931 1933 1937 12 8 7 1908 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 7 4 1950 1952 12 8 9 12 8 5 12 7 7 12 7 3 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1278 1276 1274 1270 1268 1266 1264 1981 1987 1995 1988 1984 19761980 1974 1968 1964 1950 1952 1954 1958 1956 1953 2007 1962 1957 1969 19 8 9 2003 19 6 6 1960 13 2 7 1927 12 8 2 12 8 1 1272 1970 1972 1965 1 1 1 1973 1 1961 199 owr 99T r a f -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Zhang, Xiaoying Case: ANX2013-06018 Site: 1327 State Street Property Size: ROW Size: 0.317 acres 0.269 acres Land Use Zoning PIN: 03-29-15-49986-000-0020 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\State St. 1327 ANX2013-06018 - Zhang\Maps\ANX2013-06018 Zoning Map.doc OS/R STATE ST BETTY LN SUNSET POINT RD CHENANGO AVE MACOMBER AVE SEDEEVA CIR N BERTLAND WAY I OS/R MDR MDR LMDR LMDR 1942 1969 12 9 5 1940 19261928 12 9 5 1992 1979 1971 13 3 3 13 2 9 1927 1925 1923 13 4 0 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1903 12 5 6 1935 1921 1917 1914 1918 1920 1928 1932 1936 1913 1915 1919 1927 1931 1933 1937 12 8 7 1908 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 7 4 1950 1952 12 7 7 12 7 3 1947 1949 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 1981 1987 1988 1984 19761980 1974 1968 1970 1964 1972 1950 1952 1954 1958 1956 1962 19 6 6 1960 1351 12 9 9 T r a f LMDR 13 2 7 16 18 24 26 32 38 36 40 12 9 0 12 8 6 12 8 2 12 8 9 12 8 5 12 8 1 127 127 127 12127 12121212 1995 01T o w r -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Zhang, Xiaoying Case: ANX2013-06018 Site: 1327 State Street Property Size: ROW Size: 0.317 acres 0.269 acres Land Use Zoning PIN: 03-29-15-49986-000-0020 From : To: RU R-4 RU LMDR Atlas Page: 251B LM D R Attachment number 1 \nPage 5 of 7 Item # 15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\State St. 1327 ANX2013-06018 - Zhang\Maps\ANX2013-06018 Existing Surrounding Uses Map.doc STATE ST BET TY LN SUNSET POINT RD CHENANGO AVE MACOMBER AVE SEDEEVA CIR N BERTLAND WAY 1942 1969 12 9 5 1940 19261928 12 9 5 1992 1979 1971 13 3 3 13 2 9 1927 1925 1923 13 4 0 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1903 12 5 6 1935 1921 1917 1914 1918 1920 1928 1932 1936 1913 1915 1919 1927 1931 1933 1937 12 8 7 1908 1916 1918 1920 1930 1936 1940 1944 1938 1919 1921 1923 1925 1927 1929 1937 1941 12 7 8 12 9 4 12 9 0 12 8 6 12 8 2 12 7 4 1950 1952 12 8 9 12 8 5 12 8 1 12 7 7 12 7 3 1947 1949 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 1981 1987 1995 1988 1984 19761980 1974 1968 1970 1964 1972 1950 1954 1958 1962 19 6 6 1960 1351 1327 16 18 24 26 32 38 36 40 12121212 1212121212 1952 1956 1Towr 1299Traf -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Zhang, Xiaoying Case: ANX2013-06018 Site: 1327 State Street Property Size: ROW Size: 0.317 acres 0.269 acres Land Use Zoning PIN: 03-29-15-49986-000-0020 From : To: RU R-4 RU LMDR Atlas Page: 251B Parkland Parkland Preservation land Vacant Si n gle F a m i l y H o m e s Vacant Single Family Homes Single Family Homes Attachment number 1 \nPage 6 of 7 Item # 15 ANX2013-06018 Zhang, Xiaoying 1327 State Street View looking south at the subject property at 1327 State Street West of the subject property Across the street, to the north of the subject property East of the subject property View looking westerly along State Street View looking easterly along State Street Attachment number 1 \nPage 7 of 7 Item # 15 Ordinance No. 8457-13 ORDINANCE NO. 8457-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF STATE STREET APPROXIMATELY 68 FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOTS 2 AND 3, LANGE’S REPLAT OF BROWN’S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1327 STATE STREET, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET, FORMERLY PLATTED AS LANGE STREET, ABUTTING LOTS 1 THRU 5 OF SAID LANGE’S REPLAT OF BROWN’S SUBDIVISION, 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: Lots 2 and 3, Lange’s Replat of Brown’s Subdivision, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida; together with all Right of Way of State Street, formerly Platted as Lange Street, abutting Lots 1 thru 5 of said Lange’s Replat of Brown’s Subdivision. (ANX2013-06018) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 2 \nPage 1 of 9 Item # 15 Ordinance No. 8457-13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 9 Item # 15 Attachment number 2 \nPage 3 of 9 Item # 15 Ordinance No. 8458-13 ORDINANCE NO. 8458-13 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 STATE STREET APPROXIMATELY 68 FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOTS 2 AND 3, LANGE’S REPLAT OF BROWN’S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1327 STATE STREET, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET, FORMERLY PLATTED AS LANGE STREET, ABUTTING LOTS 1 THRU 5 OF SAID LANGE’S REPLAT OF BROWN’S SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lots 2 and 3, Lange’s Replat of Brown’s Residential Urban (RU) Subdivision, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida; together with all Right of Way of State Street, formerly Platted as Lange Street, abutting Lots 1 thru 5 of said Lange’s Replat of Brown’s Subdivision. (ANX2013-06018) The map attached as Exhibit A is hereby incorporated by reference. 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. 8457-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Attachment number 2 \nPage 4 of 9 Item # 15 Ordinance No. 8458-13 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 5 of 9 Item # 15 Attachment number 2 \nPage 6 of 9 Item # 15 Ordinance No.8459 -13 ORDINANCE NO. 8459-13 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 STATE STREET APPROXIMATELY 68 FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOTS 2 AND 3, LANGE’S REPLAT OF BROWN’S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1327 STATE STREET, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET, FORMERLY PLATTED AS LANGE STREET, ABUTTING LOTS 1 THRU 5 OF SAID LANGE’S REPLAT OF BROWN’S SUBDIVISION, 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 Lots 2 and 3, Lange’s Replat of Brown’s Low Medium Subdivision, according to the map or plat Density thereof as recorded in Plat Book 24, Page 74, Residential (LMDR) of the Public Records of Pinellas County, Florida; together with all Right of Way of State Street, formerly Platted as Lange Street, abutting Lots 1 thru 5 of said Lange’s Replat of Brown’s Sub- division. (ANX2013-06018) The map attached as Exhibit A is hereby incorporated by reference. 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. 8457-13. Attachment number 2 \nPage 7 of 9 Item # 15 Ordinance No.8459 -13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 8 of 9 Item # 15 Attachment number 2 \nPage 9 of 9 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2025 North Betty Lane (Lot 3, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8460-13, 8461-13 and 8462-13 on first reading. (ANX2013-06019) SUMMARY: This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 100 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 16 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 2025 ANX2013-06019 - Haynes\Maps\ANX2013-06019 Location Map.doc [ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Haynes, Robert and April Case: ANX2013-06019 Site: 2025 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 2025 ANX2013-06019 - Haynes\Maps\ANX2013-06019 Aerial.doc BE T T Y L N BE T T Y L N IDLEWILD DR IDLEWILD DR WOODLAWN TER WOODLAWN TER PO INS ETTA AV E PO IN S ETTA AV E TH E M ALL TH E M ALL BERMUDA ST BERMUDA ST SHORE DR SHORE DR SEDEEVA CIR NSEDEEVA CIR N PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - AERIAL MAP Owner: Haynes, Robert and April Case: ANX2013-06019 Site: 2025 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 2025 ANX2013-06019 - Haynes\Maps\ANX2013-06019 Proposed Annexation.doc BE T T Y L N IDLEW IL D DR WOODLAWN TER PO IN S ETTA AV E TH E M ALL BERMUDA ST SHORE DR SEDEEVA CIR N PINECREST WAY 2040 2044 2014 2066 2063 2049 2057 2000 2049 2053 2067 2047 2048 2052 13 0 0 2063 2065 2067 2069 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1962 1964 1978 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1963 196912 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1276 1268 1264 1262 1256 1250 2060 2064 1999 1997 1981 1987 1996 1995 1980 2048 2050 2060 2058 1333 2056 2064 2035 2039 2017 2021 2031 2 0 1 5 2025 1310 1974 1251 1266 1242 2066 2043 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Haynes, Robert and April Case: ANX2013-06019 Site: 2025 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 2025 ANX2013-06019 - Haynes\Maps\ANX2013-06019 Future Land Use Map.doc RU RU RU RU RM RU RU RU RU RU RU P RM RM RMRU RU R/OS RM RU RM RU RU BE T T Y L N IDLEW IL D DR WOODLAWN TER PO INSE TTA AVE THE MA LL BERMUDA ST SHO RE DR SEDEEVA CIR N PINECREST WAY 2040 2044 2014 2066 2063 2049 2057 2000 2049 2053 2067 2047 2048 2052 13 1 0 13 0 0 2063 2065 2067 2069 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 13 2 5 13 0 1 1979 1962 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1963 1969 12 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 12831277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1276 1268 1262 1256 1250 2060 2064 1999 1997 1981 1987 1996 1995 1980 2048 2050 2060 2058 1333 2056 2064 2035 2039 2043 2017 2021 203120152025 2019 1317 1964 1251 1264 1242 2066 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Haynes, Robert and April Case: ANX2013-06019 Site: 2025 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 2025 ANX2013-06019 - Haynes\Maps\ANX2013-06019 Zoning Map.doc BE T T Y L N IDLEW IL D DR WOODLAWN TER PO INSE TTA AVE THE MA LL BERMUDA ST SHO RE DR SEDEEVA CIR N PINECREST WAY LMDR MDR LMDR 2040 2044 2014 2066 2063 2049 2057 2000 2049 2067 2047 2048 2052 13 1 0 13 0 0 2063 2065 2067 2069 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1962 1964 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1963 1969 12 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 12831277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1252 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1276 1268 1264 1262 1256 1250 2060 2064 1999 1997 1981 1987 1996 1995 1980 2048 2050 2060 2058 1333 2056 2064 2035 2039 2043 2017 2021 20312015 OS/R LMDR LMDR 2025 2053 1251 1265 1261 1242 2066 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Haynes, Robert and April Case: ANX2013-06019 Site: 2025 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 16 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln. 2025 ANX2013-06019 - Haynes\Maps\ANX2013-06019 Existing Surrounding Uses Map.doc BE T T Y L N IDLEW IL D DR WOODLAWN TER PO INSE TTA AVE THE MA LL BERMUDA ST SHO RE DR SEDEEVA CIR N PINECREST WAY 2040 2044 2014 2066 2063 2049 2057 2000 2049 2053 2067 2047 2048 2052 13 0 0 2063 2065 2067 2069 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1962 1964 1978 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1963 196912 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1276 1268 1264 1262 1256 1250 2060 2064 1999 1997 1981 1987 1996 1995 1980 2048 2050 2060 2058 1333 2056 2064 2035 2039 2017 2021 2031 2 0 1 5 2025 1310 1974 1251 1266 1242 2066 2043 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Haynes, Robert and April Case: ANX2013-06019 Site: 2025 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Vacant Attachment number 1 \nPage 6 of 7 Item # 16 ANX2013-06019 Haynes, Robert and April 2025 N. Betty Lane View looking east at the subject property, 2025 N Betty Lane South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Betty Lane View looking southerly along Betty Lane Attachment number 1 \nPage 7 of 7 Item # 16 Ordinance No. 8460 -13 ORDINANCE NO. 8460-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 100 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 3, BLOCK K, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2025 BETTY LANE, 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 3, Block K, Brooklawn, a subdivision according to the plat thereof recorded at Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida. (ANX2013-06019) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development 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 Attachment number 2 \nPage 1 of 8 Item # 16 Ordinance No. 8460 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 16 Attachment number 2 \nPage 3 of 8 Item # 16 Ordinance No.8461 -13 ORDINANCE NO. 8461 -13 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 EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 100 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 3, BLOCK K, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2025 BETTY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Block K, Brooklawn, a subdivision ac- Residential Urban (RU) cording to the plat thereof recorded at Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida. (ANX2013-06019) The map attached as Exhibit A is hereby incorporated by reference. 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. 8460-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 16 Attachment number 2 \nPage 5 of 8 Item # 16 Ordinance No.8462 -13 ORDINANCE NO. 8462-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 100 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 3, BLOCK K, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2025 BETTY LANE, 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 3, Block K, Brooklawn, a subdivision ac- Low Medium cording to the plat thereof recorded at Plat Density Book 13, Page 59, of the Public Records of Residential (LMDR) of Pinellas County, Florida. (ANX2013-06019) The map attached as Exhibit A is hereby incorporated by reference. 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. 8460-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 16 Ordinance No.8462 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 16 Attachment number 2 \nPage 8 of 8 Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1256 Sedeeva Circle North (Lot 13, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8466-13, 8467-13 and 8468-13 on first reading. (ANX2013-06020) SUMMARY: This voluntary annexation petition involves a 0.135-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Sedeeva Circle North approximately 400 feet west of North Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to- Sewer Project. The property is contiguous to existing city boundaries to the north and west. The Planning and Development Department is requesting that the 0.061-acres of abutting Sedeeva Circle North right-of-way not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Cover Memo Item # 17 Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district. The lot width is consistent with the range allowed through the Flexible Development standards, and the property exceeds the district’s minimum lot size requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 17 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sedeeva Circle N. 1256 ANX2013-06020 - Abell and Baker\Maps\ANX2013-06020_Location.doc PROJECT SITE [ -N o t t o S c a l e - -N o t a S u r v e y - Location Map Owner: Abell, Troy and Baker, Lisa Case: ANX2013-06020 Site: 1256 Sedeeva Circle N. Property Size (Acres): R-O-W: 0.135 acres 0.061 acres Land Use Zoning PIN: 03-29-15-28098-000-0130 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 17 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sedeeva Circle N. 1256 ANX2013-06020 - Abell and Baker\Maps\ANX2013-06020_Aerial.doc SEDEEVA CIR NSEDEEVA CIR N WOOD L AW N TER WOODLAW N T ER SEDEEVA CIR SSEDEEVA CIR S CH E N A N G O A V E CH E N A N G O A V E BERTLAND WAY BERTLAND WAY OAKDALE WAY OAKDALE WAY PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - Aerial Map Owner: Abell, Troy and Baker, Lisa Case: ANX2013-06020 Site: 1256 Sedeeva Circle N. Property Size (Acres): R-O-W: 0.135 acres 0.061 acres Land Use Zoning PIN: 03-29-15-28098-000-0130 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 17 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sedeeva Circle N. 1256 ANX2013-06020 - Abell and Baker\Maps\ANX2013-06020_Proposed Annexation.doc 60 60 60 80 60 80 60 60 60 60 60 2809828674 F G G B C E 2345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 3 3 38394041424344 45 46 47 48 49 50 51 4 5 6 7 8 9 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8 9 10 11 1 2 3 4 5 6 7 8 1 1 SEDEEVA CIR N WOODLAW N T ER SEDEEVA CIR S CH E N A N G O A V E BERTLAND WAY 12 4 4 12 2 4 1949 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1239 1276 1274 1272 1270 1268 1266 1264 1260 1258 1244 1240 1236 1234 1230 1222 1212 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1241 1235 1231 1225 1213 2021 2027 2020 2022 2026 1262 1260 1256 1252 1246 1234 2020 2022 1225 1223 1207 1232 1226 1222 1212 1215 1221 1229 1233 1237 1244½ 1289 1285 1281 1277 1273 1237 1245 1249 1251 1257 1261 1256 12861266 1232 2021 2017 233 1217 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Owner: Abell, Troy and Baker, Lisa Case: ANX2013-06020 Site: 1256 Sedeeva Circle N. Property Size (Acres): R-O-W: 0.135 acres 0.061 acres Land Use Zoning PIN: 03-29-15-28098-000-0130 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 17 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sedeeva Circle N. 1256 ANX2013-06020 - Abell and Baker\Maps\ANX2013-06020_Future Land Use.doc 60 60 60 80 60 80 60 60 60 60 60 2809828674 F G G B C E 2345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 3 3 38394041424344 45 46 47 48 49 50 51 4 5 6 7 8 9 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8 9 10 11 1 2 3 4 5 6 7 8 1 1 RU RU RU RURU RU RU RU SEDEEVA CIR N WOODLAW N T ER SEDEEVA CIR S CH E N A N G O A V E BERTLAND WAY 12 4 4 12 2 4 12 8 5 1949 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 12 3 7 1239 1261 1276 1274 1272 1270 1268 1266 1264 1260 1258 1244 1240 1236 1234 1230 1222 1212 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1241 1235 1231 1225 1213 2027 2020 2022 2026 1266 1262 1260 1256 1252 1246 1234 2017 2020 2022 1225 1223 1207 1232 1226 1222 1212 1215 1221 1229 1233 1237 1244½ 1289 1281 1277 1273 1245 1249 1251 1257 1256 1286 2021 1232 2021 1233 1217 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Owner: Abell, Troy and Baker, Lisa Case: ANX2013-06020 Site: 1256 Sedeeva Circle N. Property Size (Acres): R-O-W: 0.135 acres 0.061 acres Land Use Zoning PIN: 03-29-15-28098-000-0130 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 17 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sedeeva Circle N. 1256 ANX2013-06020 - Abell and Baker\Maps\ANX2013-06020_Zoning.doc 60 60 60 80 60 80 60 60 60 60 60 2809828674 F G G B C E 2345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 3 3 38394041424344 45 46 47 48 49 50 51 4 5 6 7 8 9 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8 9 10 11 1 2 3 4 5 6 7 8 1 1 SEDEEVA CIR N WOODLAW N T ER SEDEEVA CIR S CH E N A N G O A V E BERTLAND WAY LMDR 12 4 4 12 2 4 12 8 5 1949 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 12 3 7 1239 1261 1276 1274 1272 1270 1268 1266 1264 1260 1258 1244 1240 1236 1222 1212 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1241 1235 1231 1225 1213 2021 2027 2020 2022 2026 1266 1262 1260 1256 1252 1246 1234 2017 2020 2022 1225 1223 1207 1232 1226 1222 1212 1215 1221 1229 1233 1237 1244½ LMDR 1289 1281 1277 1273 1245 1249 1251 1257 1256 1234 1230 1286 1232 2021 1233 1217 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Zoning Map Owner: Abell, Troy and Baker, Lisa Case: ANX2013-06020 Site: 1256 Sedeeva Circle N. Property Size (Acres): R-O-W: 0.135 acres 0.061 acres Land Use Zoning PIN: 03-29-15-28098-000-0130 From : To: RU R-4 RU LMDR Atlas Page: 251B LM D R Attachment number 1 \nPage 5 of 7 Item # 17 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sedeeva Circle N. 1256 ANX2013-06020 - Abell and Baker\Maps\ANX2013-06020_Existing Surrounding Uses.doc 60 60 60 80 60 80 60 60 60 60 60 2809828674 F G G B C E 2345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 3 3 38394041424344 45 46 47 48 49 50 51 4 5 6 7 8 9 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8 9 10 11 1 2 3 4 5 6 7 8 1 1 SEDEEVA CIR N WOODLAW N T ER SEDEEVA CIR S CH E N A N G O A V E BERTLAND WAY 12 4 4 12 2 4 1949 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1239 1276 1274 1272 1270 1268 1266 1264 1260 1258 1244 1240 1236 1234 1230 1222 1212 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1241 1235 1231 1225 1213 2021 2027 2020 2022 2026 1262 1260 1256 1252 1246 1234 2020 2022 1225 1223 1207 1232 1226 1222 1212 1215 1221 1229 1233 1237 1244½ 1289 1285 1281 1277 1273 1237 1245 1249 1251 1257 1261 1256 12861266 1232 2021 2017 233 1217 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - Existing Surrounding Uses Map Owner: Abell, Troy and Baker, Lisa Case: ANX2013-06020 Site: 1256 Sedeeva Circle N. Property Size (Acres): R-O-W: 0.135 acres 0.061 acres Land Use Zoning PIN: 03-29-15-28098-000-0130 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Single Family Homes Attachment number 1 \nPage 6 of 7 Item # 17 ANX2013-06020 Abell, Troy and Baker, Lisa 1256 Sedeeva Circle N. View looking north at the subject property 1256 Sedeeva Circle N. West of the subject property Across the street, to the south of the subject property East of the subject property View looking westerly along Sedeeva Circle N. View looking easterly along Sedeeva Circle N. Attachment number 1 \nPage 7 of 7 Item # 17 Ordinance No. 8466 -13 ORDINANCE NO. 8466-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH APPROXIMATELY 400 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 13, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1256 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF SEDEEVA CIRCLE NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 13, Floradel Subdivision, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida, together with the abutting right of way of Sedeeva Circle North. (ANX2013-06020) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 2 \nPage 1 of 9 Item # 17 Ordinance No. 8466 -13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 9 Item # 17 Attachment number 2 \nPage 3 of 9 Item # 17 Ordinance No. 8467-13 ORDINANCE NO. 8467-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH APPROXIMATELY 400 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 13, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1256 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF SEDEEVA CIRCLE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 13, Floradel Subdivision, according to the Residential Urban (RU) Map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida, together with the abutting right of way of Sedeeva Circle North. (ANX2013-06020) The map attached as Exhibit A is hereby incorporated by reference. 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. 8466-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Attachment number 2 \nPage 4 of 9 Item # 17 Ordinance No. 8467-13 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 5 of 9 Item # 17 Attachment number 2 \nPage 6 of 9 Item # 17 Ordinance No. 8468 -13 ORDINANCE NO. 8468-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH APPROXIMATELY 400 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 13, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1256 SEEDEVA CIRCLE NORTH, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF SEDEEVA CIRCLE NORTH, 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 13, Floradel Subdivision, according to the map Low Medium or plat thereof, as recorded in Plat Book 15, Density Page(s) 7, of the Public Records of Pinellas Residential (LMDR) County, Florida, together with the abutting right of way of Sedeeva Circle North. (ANX2013-06020) The map attached as Exhibit A is hereby incorporated by reference. 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. 8466-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 7 of 9 Item # 17 Ordinance No. 8468 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 8 of 9 Item # 17 Attachment number 2 \nPage 9 of 9 Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1221 Palm Street (East 40 feet of Lot 11, and the West 30 feet of Lot 12, Block B, CLEARDUN); and pass Ordinances 8472-13, 8473-13 and 8474-13 on first reading. (ANX2013-06021) SUMMARY: This voluntary annexation petition involves a 0.165-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Palm Street approximately 335 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the east and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses Cover Memo Item # 18 allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the east and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 18 Ordinance No. 8472 -13 ORDINANCE NO. 8472-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PALM STREET APPROXIMATELY 335 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF THE EAST 40 FEET OF LOT 11, AND THE WEST 30 FEET OF LOT 12, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1221 PALM 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: The East 40 feet of Lot 11, and the West 30 feet of Lot 12, Block B, Cleardun, according to the map or plat thereof, as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. (ANX2013-06021) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development 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 Attachment number 1 \nPage 1 of 9 Item # 18 Ordinance No. 8472 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 9 Item # 18 Exhibit A Proposed Annexation Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 678 9 10 11 12 13 14151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 UNION ST PALM ST BERMUDA ST DOUGLAS AVE I D L E W I L D D R PORT WAY 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 1185 2061 2074 2066 1185 2038 1184 2040 2058 2052 2048 1187 1199Traf 1250 1250 1232 2049 1221 1246 1244 1238 1234 1230 1235 1223 1219 1188 2030 2070 1181 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 3 of 9 Item # 18 Ordinance No.8473 -13 ORDINANCE NO. 8473-13 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 PALM STREET APPROXIMATELY 335 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF THE EAST 40 FEET OF LOT 11, AND THE WEST 30 FEET OF LOT 12, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1221 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The East 40 feet of Lot 11, and the West 30 Residential Urban (RU) Feet of Lot 12, Block B, Cleardun, according to the map or plat thereof, as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. (ANX2013-06021) The map attached as Exhibit A is hereby incorporated by reference. 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. 8472-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Attachment number 1 \nPage 4 of 9 Item # 18 Ordinance No.8473 -13 Assistant City Attorney City Clerk Attachment number 1 \nPage 5 of 9 Item # 18 C:\Users\Ellen.Ayo\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\271LYPZL\ANX2013-06021 Future Land Use.docx Exhibit A Future Land Use Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 RU RU RU RU RU RU UNION ST PALM ST BERMUDA ST DO U G L A S A V E IDLEWILD DR PORT WAY 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 11 8 5 2074 2066 2038 1184 2040 2058 2052 2048 11 8 7 11 9 9 T r a f 12 5 0 2031 12 5 0 12 3 2 2049 12 2 1 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 3 5 12 2 3 12 1 9 11 8 8 2061 11 8 5 2030 2070 11 8 1 -N o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 1 \nPage 6 of 9 Item # 18 Ordinance No. 8474-13 ORDINANCE NO. 8474-13 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 PALM STREET APPROXIMATELY 335 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF THE EAST 40 FEET OF LOT 11, AND THE WEST 30 FEET OF LOT 12, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1221 PALM 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 The East 40 feet of Lot 11, and the West 30 feet Low Medium of Lot 12, Block B, Cleardun, according to the map Density or plat thereof, as recorded in Plat Book 13, Page Residential (LMDR) 47 of the Public Records of Pinellas County, Florida. (ANX2013-06021) The map attached as Exhibit A is hereby incorporated by reference. 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. 8372-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 7 of 9 Item # 18 Ordinance No. 8474-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 8 of 9 Item # 18 Attachment number 1 \nPage 9 of 9 Item # 18 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1221 ANX2013-06021 - Weber\Maps\ANX2013-06021 Location.docx Location Map Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 1 of 7 Item # 18 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1221 ANX2013-06021 - Weber\Maps\ANX2013-06021 Aerial.docx Aerial Map Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B UNION ST UNION ST PALM ST PALM ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE IDLEWILD DR IDLEWILD DR PORT WAY PORT WAY IDLEWILD DR IDLEWILD DR -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 2 of 7 Item # 18 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1221 ANX2013-06021 - Weber\Maps\ANX2013-06021 Proposed Annexation.docx Proposed Annexation Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 678 9 10 11 12 13 14151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 UNION ST PALM ST BERMUDA ST DOUGLAS AVE I D L E W I L D D R PORT WAY 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 1185 2061 2074 2066 1185 2038 1184 2040 2058 2052 2048 1187 1199Traf 1250 1250 1232 2049 1221 1246 1244 1238 1234 1230 1235 1223 1219 1188 2030 2070 1181 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 3 of 7 Item # 18 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1221 ANX2013-06021 - Weber\Maps\ANX2013-06021 Future Land Use.docx Future Land Use Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 678 9 10 11 12 13 14151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 RU RU RU RU RU RU UNION ST PALM ST BERMUDA ST DOUGLAS AVE I D L E W I L D D R PORT WAY 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 1185 2074 2066 2038 1184 2040 2058 2052 2048 1187 1199Traf 1250 2031 1250 1232 2049 1221 1246 1244 1238 1234 1230 1235 1223 1219 1188 2061 1185 2030 2070 1181 -N o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 2 \nPage 4 of 7 Item # 18 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1221 ANX2013-06021 - Weber\Maps\ANX2013-06021 Zoning.docx Zoning Map Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 678 9 10 11 12 13 14151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 UNION ST PALM ST BERMUDA ST DOUGLAS AVE I D L E W I L D D R PORT WAY LMDR MDR 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 1185 2061 2074 2066 2038 1184 2040 2052 2048 1187 1199Traf 1250 1250 1232 1228 2049 1221 1246 1244 1238 1234 1230 1235 1223 1219 1188 1185 2030 2058 2070 1181 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Attachment number 2 \nPage 5 of 7 Item # 18 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St. 1221 ANX2013-06021 - Weber\Maps\ANX2013-06021 Existing Surrounding Use.docx Existing Surrounding Uses Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 678 9 10 11 12 13 14151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 UNION ST PALM ST BERMUDA ST DOUGLAS AVE I D L E W I L D D R PORT WAY 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 1185 2061 2074 2066 1185 2038 1184 2040 2058 2052 2048 1187 1199Traf 1250 1250 1232 2049 1221 1246 1244 1238 1234 1230 1235 1223 1219 1188 2030 2070 1181 -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Attachment number 2 \nPage 6 of 7 Item # 18 View looking south at the subject property1221 Palm Street.Across the street, to the north of the subject property West of the subject propertyEast of the subject property ANX2013-06021 Weber, Denise 1221 Palm Street View looking westerly along Palm StreetView looking easterly along Palm Street Attachment number 2 \nPage 7 of 7 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1263 Palm Street (Lot 22, Block B, Cleardun, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8463-13, 8464-13 and 8465-13 on first reading. (ANX2013-07022) SUMMARY: This voluntary annexation petition involves a 0.141-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Palm Street approximately 305 feet west of North Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the north, south, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 19 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, east, and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1263 ANX2013-07022 - Gallipeau\Maps\ANX2013-07022 Location.doc [ PROJECT SITE UNION ST BETTY LN KINGS HWY SUNSET POINT RD DOUGLAS AVE PALM ST IDLEWILD DR STAT E ST BROADWAY IVA ST BERMUDA ST WOODLAWN TER POINSETTA AVE ALPINE RD RIDGELANE RD OVERBROOK AVE CHENANGO AVE WILSON RD CARLOS AVE ALOHA LN COLES RD BARBARA AVE SEDEEVA CIR SP R I N G T I M E A V E GRANADA ST EVERGREEN AVE PORT WAY LANTANA AVE SYLVAN DR -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Gallipeau, Marie Case: ANX2013-07022 Site: 1263 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-002-0220 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1263 ANX2013-07022 - Gallipeau\Maps\ANX2013-07022 Aerial.doc UNION ST UNION ST BETTY LN BETTY LN PALM ST PALM ST IDLEWILD DR IDLEWILD DR WOODLAWN TER WOODLAWN TER PO I N S E T T A A V E PO I N S E T T A A V E BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - AERIAL MAP Owner: Gallipeau, Marie Case: ANX2013-07022 Site: 1263 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-002-0220 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1263 ANX2013-07022 - Gallipeau\Maps\ANX2013-07022 Proposed Annexation.doc 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 45 40 40 15840 46998 80388 A F K A B C A B E 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 1 10 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 E J 11 1 3 4 5 6 7 8 9 10 11 10 6 107 108 109 111 1 UNION ST BETTY LN PALM ST IDLEWILD DR WOODLAWN TER PO I N S E T T A A V E BERMUDA ST 12 4 4 12 5 5 2040 2044 2014 12 5 9 12 7 1 13 2 2 2077 13 1 7 2063 2049 2068 2070 2072 2080 13 0 9 2071 2083 2047 13 1 0 13 0 0 2069 2010 2020 2026 2028 13 1 0 13 0 0 2025 2019 13 1 7 13 0 1 12 7 7 12 7 3 12 7 1 12 6 7 12 2 5 2022 2030 12 9 1 12 9 6 2021 2027 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 3 4 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 3 5 12 2 3 2017 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 6 4 12 4 2 12 3 4 12 2 0 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 8 2 12 7 8 12 7 4 12 7 0 12 6 2 12 2 4 12 2 2 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 3 12 4 7 12 4 5 12 4 1 12 3 7 1999 2048 2050 2060 2058 2035 2039 2017 2031 12 4 4 ½ 2025 12 6 3 2079 2063 2065 2067 95 91 287 128 3 126 5 261 253 249 245 241 123 5 12 3 1 2024 2028 12 8 6 12 6 6 12 3 2 2021 12 5 0 12 2 1 12 7 6 12 6 8 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 8 3 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 6 7 12 5 9 12 3 5 12 2 7 12 2 3 12 1 9 2043 2021 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Gallipeau, Marie Case: ANX2013-07022 Site: 1263 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-002-0220 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1263 ANX2013-07022 - Gallipeau\Maps\ANX2013-07022 Future Land Use.doc RU RU RU RU RU RU RU RU RU RU RU RM RU RMRU RU RU RU RU UNION ST BETTY LN PALM ST IDLEWILD DR WOODLAWN TER PO I N S E T T A A V E BERMUDA ST 12 4 4 12 5 5 2040 2025 2044 2014 12 5 9 12 7 1 13 2 2 13 1 7 2063 2049 2068 2070 2072 2080 13 0 9 2071 2079 2083 13 1 0 13 0 0 2063 2065 2067 2069 2010 2020 2026 2028 13 1 0 13 0 0 2025 13 0 1 12 8 3 12 7 7 12 6 7 12 6 5 12 3 1 12 2 5 2022 2024 2028 2030 12 9 1 12 9 6 12 8 6 2021 2027 2020 2022 2026 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 3 2 12 3 4 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 3 5 12 2 3 2021 2017 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 8 2 12 7 8 12 7 4 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 1999 2048 2050 2060 2058 2035 2039 2043 2017 2021 20312015 12 4 4 ½ 12 6 3 2077 2047 2019 13 1 7 295 291 287 12 7 3 12 7 1 126 1 253 249 245 124 1 12 3 5 12 1 9 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Gallipeau, Marie Case: ANX2013-07022 Site: 1263 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-002-0220 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1263 ANX2013-07022 - Gallipeau\Maps\ANX2013-07022 Zoning.doc UNION ST BETTY LN PALM ST IDLEWILD DR WOODLAWN TER PO I N S E T T A A V E BERMUDA ST PINECREST WAY LMDR MDR LMDR 12 4 4 12 5 5 2040 2025 2044 12 5 9 12 7 1 13 2 2 2077 13 1 7 2063 2049 2068 2070 2072 2080 13 0 9 2071 2079 2083 2047 13 1 0 13 0 0 2063 2065 2067 2069 2010 2020 2026 2028 13 1 0 13 0 0 2019 13 1 7 13 0 1 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 3 1 12 2 5 2022 2024 2028 2030 12 9 1 12 9 6 12 8 6 2021 2027 2020 2022 2026 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 3 2 12 3 4 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 3 5 12 2 3 2021 2017 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 8 2 12 7 8 12 7 4 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 1999 2048 2050 2060 2058 2035 2039 2043 2017 2021 20312015 12 4 4 ½ 2014 12 6 3 2025 295 291 287 126 1 253 249 245 124 1 12 3 5 12 6 6 12 6 0 12 5 4 12 1 9 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Gallipeau, Marie Case: ANX2013-07022 Site: 1263 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-002-0220 From : To: RU R-4 RU LMDR Atlas Page: 251B LM D R Attachment number 1 \nPage 5 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1263 ANX2013-07022 - Gallipeau\Maps\ANX2013-07022 Existing Surrounding Uses.doc 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 45 40 40 15840 46998 80388 A F K A B C A B E 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 1 10 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 E J 11 1 3 4 5 6 7 8 9 10 11 10 6 107 108 109 111 1 UNION ST BETTY LN PALM ST IDLEWILD DR WOODLAWN TER PO I N S E T T A A V E BERMUDA ST 12 4 4 12 5 5 2040 2044 2014 12 5 9 12 7 1 13 2 2 2077 13 1 7 2063 2049 2068 2070 2072 2080 13 0 9 2071 2083 2047 13 1 0 13 0 0 2069 2010 2020 2026 2028 13 1 0 13 0 0 2025 2019 13 1 7 13 0 1 12 7 7 12 7 3 12 7 1 12 6 7 12 2 5 2022 2030 12 9 1 12 9 6 2021 2027 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 3 4 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 3 5 12 2 3 2017 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 6 4 12 4 2 12 3 4 12 2 0 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 8 2 12 7 8 12 7 4 12 7 0 12 6 2 12 2 4 12 2 2 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 3 12 4 7 12 4 5 12 4 1 12 3 7 1999 2048 2050 2060 2058 2035 2039 2017 2031 12 4 4 ½ 2025 12 6 3 2079 2063 2065 2067 9591 287 128 3 126 5 261 253 249 245 241 123 5 12 3 1 2024 2028 12 8 6 12 6 6 12 3 2 2021 12 5 0 12 2 1 12 7 6 12 6 8 12 6 2 12 5 6 12 5 0 12 3 2 12 2 8 12 8 3 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 6 7 12 5 9 12 3 5 12 2 7 12 2 3 12 1 9 2043 2021 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Gallipeau, Marie Case: ANX2013-07022 Site: 1263 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-002-0220 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Residential Single Family Residential Single Family Residential Multi‐ Family Residential Multi‐ Family Residential Attachment number 1 \nPage 6 of 7 Item # 19 ANX2013-07023 Gallipeau, Marie 1263 Palm Street View looking south at the subject property 1263 Palm Street. West of the subject property Across the street, to the north of the subject property East of the subject property View looking westerly along Palm Street View looking easterly along Palm Street Attachment number 1 \nPage 7 of 7 Item # 19 Ordinance No. 8463 -13 ORDINANCE NO. 8463-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PALM STREET APPROXIMATELY 305 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 22, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1263 PALM 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 22, Block B, Cleardun, according to the Map or Plat thereof recorded in Plat Book 13, Page 47, Public Records of Pinellas County, Florida. (ANX2013-07022) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development 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 Attachment number 2 \nPage 1 of 8 Item # 19 Ordinance No. 8463 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 19 Attachment number 2 \nPage 3 of 8 Item # 19 Ordinance No.8464 -13 ORDINANCE NO. 8464-13 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 PALM STREET APPROXIMATELY 305 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 22, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1263 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 22, Block B, Cleardun, according to the map Residential Urban (RU) or plat thereof, as recorded in Plat Book 13, Page 47, Public Records of Pinellas County, Florida. (ANX2013-07022) The map attached as Exhibit A is hereby incorporated by reference. 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. 8463-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 19 Attachment number 2 \nPage 5 of 8 Item # 19 Ordinance No. 8465-13 ORDINANCE NO. 8465-13 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 PALM STREET APPROXIMATELY 305 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 22, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1263 PALM 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 22, Block B, Cleardun, according to the Map Low Medium or Plat thereof, as recorded in Plat Book 13, Density Page 47, Public Records of Pinellas County, Residential (LMDR) Florida. (ANX2013-07022) The map attached as Exhibit A is hereby incorporated by reference. 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. 8463-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 19 Ordinance No. 8465-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 19 Attachment number 2 \nPage 8 of 8 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) SUMMARY: This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Cover Memo Item # 20 Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Location.doc [PROJECT SITE UNION ST BE T T Y L N KINGS HWY SUNS ET POINT RD HIGHLAND AVE BYRAM DR PALM ST STATE ST I D L E W I L D D R BERMUDA ST PO I N S E T T A A V E FLORA RD RIDG ELANE RD WOODLAWN TER WILSON RD PLATEAU RD ALPINE R D SPRING LN CHENAN GO AVE CA RLOS AVE FREEDOM DR CO LES RD BARBARA AVE ALOHA LN SED EEVA CIR MACOMBER AVE ERIN LN EVERGR EE N AVE BERTLAND WAY THE MALL STRATHMILL DR LAN TAN A AVE SYLVAN DR PINECREST WAY HIGHLAND CIR SPRING LN -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Aerial.doc BE T T Y L N BE T T Y L N IDLEWILD DR IDLEWILD DR WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE SEDEEVA CIR NSEDEEVA CIR N SHORE DR SHORE DR THE MALL THE MALL BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - AERIAL MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Proposed Annexation.doc LAKE 60 60 60 60 60 60 6060 60 60 60 60 60 60 60 45 87.7 45 40 60 30 60 40 3 0 4 0 40 165 12060 28098 F G H K L M O O P A C E 2 3 8 9 12 TR "D" TRACT "B" 4 5 6 7 8 9 10 11 12 13 14 15 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 24 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 314151617 12345678910111213 14 15 16 17 18 19 20 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 25 26 27 28 29 30 1112 13 14 15 16 17 18 19 20 21 22 23 24 5 6 7 8 9 10 11 12 13 14 151617 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 11 12 13 14 15 16 18 1 1 1 1 1 BE T T Y L N IDLEWILD DR W O O D L AW N T E R POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR THE MALL BERTLAND WAY CHENANGO AVE 2040 2044 2014 2049 2000 2049 2053 2047 2048 13 1 0 13 0 0 2010 2020 2026 2028 13 1 0 13 0 0 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2030 1291 1296 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1981 1987 1980 2048 2050 1333 2035 2039 2017 2031 2025 2052 2063 2065 1992 1283 2024 2028 12861266 1250 1999 1997 1996 1995 2056 2043 2021 1966 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Future Land Use.doc RU RU RU RU RU RM P RU R/OS RU RURU RU RM RM RM RU RU RU RM RU RM RU RU RM RM RU RU RM WATER RU RU WATER RU BE T T Y L N IDLEWILD DR WOODLAWN TER POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR BERTLAND WAY CHENANGO AVE 2040 2025 2044 2014 2049 2049 2053 2047 2048 2052 13 1 0 13 0 0 2063 2065 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 13 0 1 1979 1958 1960 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 12831277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1999 1997 1981 1987 1996 1995 1980 2048 2050 2035 2039 2043 2017 1966 20312015 2000 2019 1325 1317 1962 1964 1333 2056 2021 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Zoning.doc MD LMDR BE T T Y L N IDLEWILD DR WOODLAWN TER POINSETTA AVE BERMUDA ST SHORE DR THE MALL SEDEEVA CIR N BERTLAND WAY CHENANGO AVE PINECREST WAY LMDR MDR OS/R LMDR LMDR 2040 2025 2044 2049 2000 2047 2048 2052 13 1 0 13 0 0 2063 2065 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1265 1261 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1999 1997 1981 1987 1996 1995 1980 2048 2050 1333 2035 2039 2043 2017 1966 20312015 LMDR 2014 2057 2049 2053 1256 1252 1257 2056 2021 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Existing Surrounding Use.doc LAKE 60 60 60 60 60 60 6060 60 60 60 60 60 60 60 45 87.7 45 40 60 30 60 40 3 0 4 0 40 165 12060 28098 F G H K L M O O P A C E 2 3 8 9 12 TR "D" TRACT "B" 4 5 6 7 8 9 10 11 12 13 14 15 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 24 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 314151617 12345678910111213 14 15 16 17 18 19 20 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 25 26 27 28 29 30 1112 13 14 15 16 17 18 19 20 21 22 23 24 5 6 7 8 9 10 11 12 13 14 151617 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 11 12 13 14 15 16 18 1 1 1 1 1 BE T T Y L N IDLEWILD DR W O O D L AW N T E R POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR THE MALL BERTLAND WAY CHENANGO AVE 2040 2044 2014 2049 2000 2049 2053 2047 2048 13 1 0 13 0 0 2010 2020 2026 2028 13 1 0 13 0 0 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2030 1291 1296 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1981 1987 1980 2048 2050 1333 2035 2039 2017 2031 2025 2052 2063 2065 1992 1283 2024 2028 12861266 1250 1999 1997 1996 1995 2056 2043 2021 1966 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Vacant Attachment number 1 \nPage 6 of 7 Item # 20 ANX2013-07023 Snowball, Jeffrey 2021 N. Betty Lane View looking east at the subject property, 2021 N Betty Lane South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Betty Lane View looking southerly along Betty Lane Attachment number 1 \nPage 7 of 7 Item # 20 Ordinance No. 8469 -13 ORDINANCE NO. 8469-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY LANE, 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 4, Block K, Brooklawn, according to the Plat thereof recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2013-07023) The map attached as Exhibit A is hereby incorporated by reference. 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 and Development 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 Attachment number 2 \nPage 1 of 8 Item # 20 Ordinance No. 8469 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 20 Attachment number 2 \nPage 3 of 8 Item # 20 Ordinance No. 8470-13 ORDINANCE NO. 8470-13 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 EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, Block K, Brooklawn, according to the Plat Residential Urban (RU) Book thereof recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2013-07023) The map attached as Exhibit A is hereby incorporated by reference. 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. 8469-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 20 Attachment number 2 \nPage 5 of 8 Item # 20 Ordinance No. 8471-13 ORDINANCE NO. 8471-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY LANE, 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 4, Block K, Brooklawn, according to the Low Medium Plat thereof recorded in Plat Book 13, Page Density 59, Public Records of Pinellas County, Florida. Residential (LMDR) (ANX2013-07023) The map attached as Exhibit A is hereby incorporated by reference. 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. 8469-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 20 Ordinance No. 8471-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 20 Attachment number 2 \nPage 8 of 8 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Low (RL) classification to the Residential Urban (RU) classification for property located at 1569 and 1571 Sunset Point Road, approximately 0.24 miles east of the intersection of Sunset Point Road and N. Highland Avenue (consisting of Lot 1, Block A, Clearwater Highlands, Unit A); and pass Ordinance 8435-13 on first reading. (LUP2013-06003) SUMMARY: This future land use map amendment application involves a 0.37-acre property located at 1569 and 1571 Sunset Point Road, which is approximately 0.24 miles east of the intersection of Sunset Point Road and N. Highland Avenue. The property is comprised of two parcels, which are currently vacant. The request is to change the property’s Future Land Use Map designation of Residential Low (RL) to Residential Urban (RU). The property is currently designated Low Medium Density Residential (LMDR) in the Zoning Atlas, and there is no need to amend the zoning designation as the LMDR District is compatible with both Residential Low (RL) and Residential Urban (RU) future land use designations. In February 2007, the City received a petition for annexation for the property, which at the time was a single parcel (ANX2007-02005, annexation effective May 2007). At the time the request for annexation was received, there was a single-family home located on the parcel, but it was demolished in April 2007 while still in Pinellas County. The City has received building permit applications for a single- family home on each parcel, but in order to develop the parcels, the applicant must amend the present Future Land Use Map designation from Residential Low (RL) to Residential Urban (RU). The Planning and Development Department has determined that the proposed future land use map amendment is consistent with the Community Development Code as specified below: · The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. · The proposed amendments are compatible with the surrounding property and character of the neighborhood. · Sufficient public facilities are available to serve the property. · The proposed amendments will not have an adverse impact on the natural environment. · The proposed amendments will not have an adverse impact on the use of property in the immediate area. · The available uses in the Residential Urban (RU) District are compatible with the surrounding area. 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 small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. Cover Memo Item # 21 The Community Development Board reviewed this application at its public hearing on August 20, 2013 and unanimously recommended approval of the future land use map amendment. Review Approval: Cover Memo Item # 21 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT MEETING DATE: August 20, 2013 AGENDA ITEM: G.1. CASE: LUP2013-0 REQUEST: To amend the present Residential Urban (RU GENERAL DATA: Agent……………………… James M. Vernon, Esq., P.E. Applicant / Owner.............. Central Realty, Inc. Location……..................... 1569 and 1571 Sunset Point Road, Sunset Point Road and N. Highland Avenue. Property Size…................. 0.37 acres ANALYSIS: Site Location and Existing Conditions: This case involves a 0.37 acre property Sunset Point Road, which is approximately 0.24 mile intersection of Sunset Point Road and N. Highland Avenue property is comprised of two parcels, which In February 2007, the City received a petition for annexati the property, which at the time was a single 02005, annexation effective May 2007 for annexation was received, there was a single fa located on the parcel, but it was demolished still in Pinellas County. The City has received building permit applications for a single family home on each parcel, but in order to develop the parcels, the applicant must amend the present Future Land Use Map designation from Residential Low (RL) Residential Urban (RU). Request: The request is to change the property’s Future Land Use Map designation of Residential Low (RL) The property is currently designated Residential (LMDR) in the Zoning Atlas, amend the zoning designation as the LMDR District is compatible with both Residential Low (RL) and Residential Urban (RU) future land use designations proposed use is residential. The change in the Future Land Use Map designation will result in sufficient densities to allow the owners to build a single house on each parcel. The applicant is aware that a minor lot line adjustment will be create two conforming lots for development COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT , 2013 06003 To amend the present Future Land Use Map designation from Residential Residential Urban (RU). James M. Vernon, Esq., P.E. Central Realty, Inc. 1569 and 1571 Sunset Point Road, approximately 0.24 mile east of the intersection of Sunset Point Road and N. Highland Avenue. Site Location and Existing Conditions: property located at 1569 and 1571 Sunset Point Road, which is approximately 0.24 miles east of the int Road and N. Highland Avenue. The , which are currently vacant. received a petition for annexation for the property, which at the time was a single parcel (ANX2007- effective May 2007). At the time the request , there was a single family home demolished in April 2007 while The City has received building permit applications for a single family home on each parcel, but in order to develop the parcels, the applicant must amend the present Future Land Use Map designation from Residential Low (RL) to The request is to change the property’s Future Land Use Map to Residential Urban (RU). The property is currently designated Low Medium Density n the Zoning Atlas, and there is no need to as the LMDR District is compatible with both Residential Low (RL) and Residential designations. The existing and proposed use is residential. The change in the Future Land Use Map designation will result in sufficient densities to allow the on each parcel. The applicant is a minor lot line adjustment will be required to legally lots for development. F.3. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT Future Land Use Map designation from Residential Low (RL) to approximately 0.24 mile east of the intersection of Attachment number 1 \nPage 1 of 8 Item # 21 Community Development Board Level III Comprehensive Plan Amendment Application Review Vicinity Characteristics: The applicant’s property is surrounded on all sides by single family residential homes 375 linear feet, or 74 percent of the perimeter property boundary, abuts properties with a Future Land Use designation of Residential Urban (RU) The remainder abuts properties with Residential (RL) Future Land Use designations below). Figure 1 The minimum lot size for detached dwellings in the Low Medium Density Residential (LMDR) district is 5,000 square feet, and lots must be at least 50 feet wide. Lots in the vicinity of the subje range from 65 to 100 feet wide, and square feet in total size. If the subject parcel is subdivided into two equal parcels, each new parcel would be 8,100 square feet in size and 67.5 feet wide, which is consistent with the character of the neighborhood and exceeds the minimum standards of the Low Medium Density Residential (LMDR) District. A complete listing of the surrounding uses, Future Land Use Map designations designations are shown in Table 1. In addition, a comparison between t allowed by the present and proposed Future Land Use Map designations appears in Table 2. 74% 26% Abutting Future Land Use Designations Community Development Board – August 20, 2013 LUP2013-06003- Page 2 of 8 I Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT The applicant’s property is surrounded on all sides by single family residential homes. Approximately percent of the perimeter property boundary, abuts properties with a Future Residential Urban (RU). The remainder abuts properties with Residential Low designations (see Figure 1 The minimum lot size for detached dwellings in the Low Medium Density Residential (LMDR) district is 5,000 square feet, and lots must be at least 50 feet wide. Lots in the vicinity of the subject property to 100 feet wide, and 7,860 to 11,360 If the subject parcel is subdivided into two equal parcels, each new parcel would be 8,100 square feet in size and 67.5 feet wide, which is consistent with the character of the and exceeds the minimum standards of the Low Medium Density Residential (LMDR) of the surrounding uses, Future Land Use Map designations, and Zoning Atlas designations are shown in Table 1. In addition, a comparison between the uses and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 2. Abutting Future Land Use Designations Residential Urban (RU) Residential Low (RL) PLANNING & DEVELOPMENT LONG RANGE DIVISION and Zoning Atlas he uses and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 2. Attachment number 1 \nPage 2 of 8 Item # 21 Community Development Board – August 20, 2013 LUP2013-06003- Page 3 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 1. Surrounding Future Land Use and Zoning Designations Existing Conditions Existing Use(s) FLUM Designation Zoning Atlas Designation Direction North: Single Family Homes Residential Urban (RU) Low Medium Density Residential (LMDR) East: Single Family Homes Residential Urban (RU) Low Medium Density Residential (LMDR) South: Single Family Homes Residential Low (RL) Low Medium Density Residential (LMDR) West: Single Family Homes Residential Urban (RU) Low Medium Density Residential (LMDR) Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Low (RL) Requested FLUM Designation Residential Urban (RU) Primary Uses: Low Density Residential Urban Low Density Residential Maximum Density: 5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Low Density Residential (LDR); Low Medium Density Residential (LMDR) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) REVIEW CRITERIA: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards as per Section 4-603.F: Table 3. Consistency with Community Development Code Standards CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.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. X F.4 Sufficient public facilities are available to serve the property. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of property in the immediate area. X Attachment number 1 \nPage 3 of 8 Item # 21 Community Development Board – August 20, 2013 LUP2013-06003- Page 4 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives, and policies of the Clearwater Comprehensive Plan which support the proposed amendment 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. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Policy A.6.4.1 The development or redevelopment of small parcels [less than one (1) acre] which are currently receiving an adequate level of service shall be specifically encouraged by administration of land development and concurrency management regulatory systems as a method of promoting urban infill. Objective B.1.4 The City shall specifically consider the existing and planned LOS of the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed designation of Residential Urban (RU) could result in the development of two single family homes that are compatible with the uses and adjacent parcel sizes in the area, and would be promoting urban infill. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.1.5 of the Countywide Plan Rules states that the purpose of the Residential Urban (RU) future land use classification is to depict those areas of the county that are now developed, or appropriate to be developed, in an urban low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas. Section 2.3.3.1.5 also states that the Residential Urban (RU) future land use classification is generally appropriate to those locations where use and development characteristics are urban residential in nature; and in areas serving as a transition between more suburban and more urban residential areas. The subject property is located adjacent to Residential Urban (RU) and Residential Low (RL) future land use categories on the south side of Sunset Point Road, a signalized arterial road, in an Attachment number 1 \nPage 4 of 8 Item # 21 Community Development Board – August 20, 2013 LUP2013-06003- Page 5 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION area that contains primarily residential uses. Future use of the subject property as two single family homes is consistent with the purposes of both the adjacent Residential Low (RL) and Residential Urban (RU) future land use categories and is compatible with surrounding properties and the neighborhood. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of single family homes. The future land use designations of surrounding properties include Residential Urban (RU) and Residential Low (RL). The proposed use of the subject property as single family residential homes is compatible with the surrounding properties and neighborhood. The proposed Residential Urban (RU) Future Land Use designation permits 7.5 dwelling units per acre and a floor area ratio (FAR) of 0.40. The Future Land Use designations of surrounding properties include Residential Urban (RU) (7.5 dwelling units per acre; FAR 0.40) and Residential Low (RL) (5 dwelling units per acre; FAR 0.40). Recommended Conclusions of Law: The Residential Urban (RU) Future Land Use classification requested is consistent with the surrounding future land use classifications that exist in the vicinity of the subject property. The proposed future land use designation will allow the development of two single family homes at a density and scale that is consistent with existing 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. The proposed Residential Urban (RU) Future Land Use designation is in character with the overall Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed (see Table 4). The request for amendment to the Residential Urban (RU) Future Land Use Map category would increase the amount of development potential allowed on the site (see Table 4 below). Attachment number 1 \nPage 5 of 8 Item # 21 Community Development Board – August 20, 2013 LUP2013-06003- Page 6 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 4. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RL” Requested FLUM Designation “RU” Net Change Site Area 0.37 AC (16,200 SF) 0.37 AC (16,200 SF) Maximum Development Potential 1 DU 0.40 FAR 2 DU 0.40 FAR 1 DU 0.0 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in Table 5 below, the proposed change will not degrade public facilities and services below acceptable levels. Table 5. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “RL” Requested FLUM Designation “RU” Streets 19 Trips1 25 Trips1 6 Yes Potable Water 260.4 GPD2 520.8 GPD2 260.4 Yes Wastewater 234.36 GPD2 468.72 GPD2 234.36 Yes Solid Waste 2.53 Tons/Year 5.07 Tons/Year 2.53 Yes Parkland 0.009 Acres3 0.018 Acres3 0.009 Acres Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. · Residential Low (RL) – 50 vehicle trips per day per acre. · Residential Urban (RU) – 68 vehicle trips per day per acre. 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. As shown in Table 6 below, there is a slight increase in the potential maximum daily trips associated with the request for amendment to the Residential Urban (RU) Future Land Use designation, which would not impact the operating level of service for Sunset Point Road. The change in Future Land Use designation is also projected to increase the PM Peak Hour trips from 959 to 960, which will not affect the operating level of service. The segment of Sunset Point Road is currently operating at a Level of Service D, which is the adopted roadway level of service standard. Attachment number 1 \nPage 6 of 8 Item # 21 Community Development Board – August 20, 2013 LUP2013-06003- Page 7 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 6. Maximum Potential Traffic Sunset Point Road (Edgewater Dr. to Keene Rd.) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 19 25 6 Potential Additional Maximum PM Peak HourTrips3 N/A 2 2 0 Roadway Volume (Annual Average Daily) 10,0804 10,099 10,105 6 Roadway Volume (PM Peak Hour)3 958 959 960 1 Roadway Level of Service PM Peak Hour D4 D5 D5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 50 trips per day per acre in the Residential Low (RL) future land use category. 2. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2012 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2012 Level of Service Report and the 2012 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. There is a slight increase in demand for potable water and generation of wastewater and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: Based on current GIS data from the U.S. Fish and Wildlife Service’s National Wetland Inventory, there are no wetlands located on the subject property. However, there are trees on site. Recommended Conclusions of Law: Any proposed development is required to be compliant with the City’s tree preservation, landscaping and storm water management requirements. REVIEW PROCEDURE: Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. 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 size of the property, review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. 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 Concurrency Management System in Division 9, Community Development Code. Attachment number 1 \nPage 7 of 8 Item # 21 Community Development Board – August 20, 2013 LUP2013-06003- Page 8 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Future Land Use Map amendment from the Residential Low (RL) classification to the Residential Urban (RU) classification. Prepared by Planning and Development Department Staff: Andrew Hayslip Planner II ATTACHMENTS: Resume Photographs of Site and Vicinity Attachment number 1 \nPage 8 of 8 Item # 21 Ordinance No.8435 -13 ORDINANCE NO. 8435-13 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 SOUTHEASTERN CORNER OF THE INTERSECTION OF EAST DRIVE AND SUNSET POINT ROAD, APPROXIMATELY ¼ MILE EAST OF NORTH HIGHLAND AVENUE, CONSISTING OF LOT 1, BLOCK A, CLEARWATER HIGHLANDS UNIT A, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 28, AT PAGE 95, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, WHOSE POST OFFICE ADDRESS IS 1569 AND 1571 SUNSET POINT ROAD; FROM RESIDENTIAL LOW (RL), TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category Lot 1, Block A, Clearwater Highlands From: Residential Low (RL) Unit A, according to the map or plat thereof As recorded in Plat Book 28, Page 95 of the Public Records of Pinellas County, Florida. To: Residential Urban (RU) (LUP2013-06003) The map attached as Exhibit “A” is hereby incorporated by reference. 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 Attachment number 2 \nPage 1 of 3 Item # 21 Ordinance No.8435 -13 § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 3 Item # 21 S:\Planning Department\C D B\Land Use Amendments\Active Cases\Sunset Point Rd 1569-1571 LUP2013-06003 - Central Realty Inc\Maps\FLULUP2013-06003.docx Exhibit ‘A’ FUTURE LAND USE MAP Owners: Central Realty, Inc. Case: LUP2013-06003 Site: 1569 Sunset Point Rd. 1571 Sunset Point Rd. Property Size(Acres): 0.37 Land Use Zoning PIN: 02-29-15-16452-001-0010 02-29-15-16452-001-0011 From : To: RL LMDR RU LMDR Atlas Page: 261A RU RU RU RU RU RU RU CG RL RU RL RU RU RL RU RU RUT/U RL RU ELIZABETH LN SUNSET POINT RD EA S T D R WE S T D R PICARDY CIR SOUTH DR SO U V E N I R D R BE L L E M E A D E D R SH A R O N D A L E D R PI C A R D Y L N 1836 1844 1839 1837 1835 1862 1856 1880 1850 1862 1868 1874 1844 1856 1842 1834 1864 1868 1864 1844 1836 1866 1856 1850 1844 1876 1868 1856 1862 1880 1845 1875 1869 1851 1857 1863 18811880 1874 1862 1868 1850 1856 1844 1853 1845 1863 1881 1857 1869 1879 1841 16 0 1 1861 15 6 8 1900 15 7 2 15 6 7 16 1 2 16 3 7 16 0 7 1908 1857 16 3 6 16 3 4 15 8 0 15 6 1 16 2 5 1857 15 6 0 1843 1926 15 6 6 15 7 4 15 5 5 15 7 3 16 0 0 1885 15 5 5 16 0 0 16 0 6 16 1 6 16 1 9 15 6 6 15 6 2 1 6 1 9 15 5 1 1841 1539 16 0 7 15 4 9 1859 16 1 3 16 1 0 1921 154 2 1932 16 0 0 1861 16 1 0 1933 15 6 0 16 3 1 1865 1845 1851 1927 16 2 2 16 0 1 15 8 0 15 6 5 16 2 8 15 6 1 1853 16 0 1 15 7 9 1869 16 4 3 1920 15 8 6 16 2 9 16 2 8 15 7 5 16 2 0 16 0 9 15 9 8 1914 16 1 3 192 4 15 9 0 15 5 4 1 6 2 5 15 5 5 15 8 5 15 7 1 15 6 9 1840 1838 1840 1860 1850 1838183918381839 1843 163 11938 15 7 4 19 3 2 1867 19 2 8 1869 15 6 0 -N o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 2 \nPage 3 of 3 Item # 21 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is 3030 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 22 Ordinance No. 8424 -13 ORDINANCE NO. 8424-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION 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 B 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: See Attached Exhibit A (ANX2013-04008) The map attached as Exhibit B is hereby incorporated by reference. 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 and Development 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 Attachment number 1 \nPage 1 of 2 Item # 22 Ordinance No. 8424 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 22 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 1 of 1 Item # 22 Attachment number 3 \nPage 1 of 1 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS) and water/drainage feature. SUMMARY: Review Approval: Cover Memo Item # 23 Ordinance No. 8425-13 ORDINANCE NO. 8425-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) 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, 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 See attached Exhibit A Residential Suburban (RS) and Water/Drainage (ANX2013-04008) Feature The map attached as Exhibit B is hereby incorporated by reference. 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. 8424-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 23 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 1 of 1 Item # 23 Ordinance No. 8425-13 ORDINANCE NO. 8425-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) 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, 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 See attached Exhibit A Residential Suburban (RS) and Water/Drainage (ANX2013-04008) Feature The map attached as Exhibit B is hereby incorporated by reference. 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. 8424-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 1 of 1 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: Cover Memo Item # 24 Ordinance No. 8426-13 ORDINANCE NO. 8426-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A for legal description Low Density Residential (LDR) (ANX2013-04008) The map attached as Exhibit B is hereby incorporated by reference. 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. 8424-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 24 Ordinance No. 8426-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 24 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 1 of 1 Item # 24 Attachment number 3 \nPage 1 of 1 Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is 3030 Union Street [smaller parcel] into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 25 Ordinance No. 8427-13 ORDINANCE NO. 8427-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], 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 B 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: See Exhibit A for legal description (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. 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 and Development 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 Attachment number 1 \nPage 1 of 2 Item # 25 Ordinance No. 8427-13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 25 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 1 of 1 Item # 25 Attachment number 3 \nPage 1 of 1 Item # 25 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential Suburban (RS). SUMMARY: Review Approval: Cover Memo Item # 26 Ordinance No. 8428-13 ORDINANCE NO. 8428 -13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); 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 See Exhibit A for legal description Residential Suburban (RS) (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. 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. 8427-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 26 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 1 of 1 Item # 26 Attachment number 3 \nPage 1 of 1 Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: Cover Memo Item # 27 Ordinance No. 8429-13 ORDINANCE NO. 8429-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A for legal description Low Density Residential (LDR) (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. 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. 8427-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 27 Ordinance No. 8429-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 27 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 1 of 1 Item # 27 Attachment number 3 \nPage 1 of 1 Item # 27 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve a one-year Grant Funding Agreement for Fiscal Year 2013-14, in the amount of $166,993 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profit’s mission is to reduce congestion and improve mobility in this area for both tourists and residents. The Jolley Trolley expects to transport 600,000 passengers for Fiscal Year 2013-14, reducing approximately 200,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley experienced unexpected changes in senior management in the third quarter of this year, however operations remain strong. The Jolley Trolley currently has a fleet of 17 trolleys with an average age of 8.9 years and 179,631 miles. The Jolley Trolley accomplishments for Fiscal Year 2012-13 are: · Ridership remained constant at 600,000 riders · Beach route increased 2% over prior year · Added two trolleys to the fleet · Fully implemented a technology enhancement (the GPS system) to provide passenger option to download a free app to see live tracking of the trolleys on the three routes (www.jolleytrolleytracker.com) · Implemented a new orientation and training program for all incoming drivers concentrating on safe driving skills and customer relations · Increased charters (result of referrals and wedding websites)—Money from charters flows directly into refurbishing existing equipment and purchasing newer equipment · Launched Jolley Trolley on Demand (JTOD) with seven low-speed vehicles (this is a separate business plan from the Beach Route and Coastal Route and is not funded with any government funds). Jolley Trolley’s overall plans for Fiscal Year 2013-14 include: · Adding a Safety Harbor Route to the Coastal Route that will include service to Westfield Mall through Dunedin as connector routes · Pursue adding a West Bay route as a natural connection to Clearwater Beach · Pursue discussions on a seasonal express route between Clearwater Beach and St. Petersburg · Add focus and resources to increase trolley billboard advertising as a means of increasing self- funding ratios · Continue focus on succession planning by attracting and training employees Cover Memo Item # 28 · Maintain the Capital Expenditure Strategy of continuing to refurbish and maintain older trolleys and add new vehicles to the fleet. Beach Route Historically, the City has supported the Beach Route, which connects Clearwater Beach, Sank Key, and Island Estates. The City’s contribution to this route is $163,443 and has been at this level since 2012. The Jolley Trolley expense forecast for Fiscal Year 2013-14 for the Beach Route is $658,709. PSTA matches the City of Clearwater’s contributions (both grant funding and in-kind services with its lease on Myrtle) at $181,963. Fares cover 23.5% of total revenue with advertising covering 22% of revenue. Coastal Route Three years ago, the Jolley Trolley began the Coastal Route that starts at Island Estates and progresses through Downtown Clearwater, into Dunedin, Palm Harbor and ends in Tarpon Springs. The route travels only on Friday, Saturday and Sunday and takes approximately one hour to make the Island Estates to Tarpon Springs trip. The Clearwater Downtown Development Board (DDB) has been funding the Downtown Clearwater leg of this trip over the last three years. A Florida Department of Transportation (FDOT) grant had been covering a portion of the funding for this route; however, it is set to expire this year. The DDB’s revenues could not cover the increase in the cost for the Coastal Route for next fiscal year. The Pinellas Suncoast Transit Authority (PSTA) proposed that if the DDB’s contribution could remain constant at $9,220, the PSTA would match the $3,550 difference if the City of Clearwater contributed the remaining $3,550 to make up the full $16,320 contribution to the Clearwater portion of the route. The cities of Dunedin and Tarpon Springs each will contribute $32,643 to this route. Staff recommends approval of the $3,550 additional funding for the Coastal Route as it has become an important component of providing additional options to tourists staying on the Beach and connecting them to Downtown as well as other Pinellas County locations. In addition, we believe the Jolley Trolley will play in important role in connecting the Beach with Downtown once the Capitol Theatre opens. The Jolley Trolley expense forecast for the Coastal Route is $315,348. The City’s contribution is approximately 1%. Fares cover approximately 22% and advertising covers 6%. The other coastal partners cover 34%. PSTA matches each partner’s commitment. Contract Terms The term of the agreement is for one year. The Economic Development and Housing Department administers the agreement. The attached Jolley Trolley’s Business Plan covers the proposed revenues and expenditures for the fiscal year for both the Beach Route and the Coastal Route. As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks high-level financials, ridership numbers, accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance. $163,433 has been budgeted in the Parking Fund’s Fiscal Year 13-14 operating budget to fund this agreement. A first quarter budget amendment will amend the Parking Fund budget to add $3,550 to cover the total amount of $166,993 of this contract. Type:Other Cover Memo Item # 28 Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost:166,993 Not to Exceed:Total Cost:166,993 For Fiscal Year:2013 to 2014 Review Approval: Cover Memo Item # 28 1 JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT This Jolley Trolley System Funding Agreement is made and entered into this _______ day of September, 2013, between the City of Clearwater, hereinafter referred to as the ("City") and the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, hereinafter referred to as the ("Corporation"). ARTICLE I. TERM The term of this agreement shall be for a period of one (1) year commencing on October 1, 2013 and continuing through September 30, 2014, (the "Termination Date"), subject to annual budgetary appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE CORPORATION 1) Services to be Provided. The Corporation shall provide the transportation services to promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, both described in Exhibit A. 2) Transportation Pick-ups. (a) Beach Route: The Corporation shall provide scheduled transportation pick-ups which will be no more than 30 minutes apart (conditions permitting), as described in Exhibit A. (b) Coastal Route: The Corporation shall provide scheduled transportation pick-ups which will be no more than 60 minutes apart (conditions permitting), as described in Exhibit A. 3) Posted Route Schedules. The Corporation shall provide posted route times at selected pick-up locations listing scheduled pick-up times, in conjunction with the Pinellas Suncoast Transit Authority (PSTA). 4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990 and 990T certified by independent Certified Public Accountant within 90 days of the end of the fiscal year to the Economic Development and Housing Director. The financial report is to set forth the total cost of operations provided, and the detailed account of operational costs funded in part by the City. The Corporation will also provide quarterly reports of activities including: high level financials, ridership numbers, accident frequency, and on-time adherence to schedule for both the Beach and Coastal Routes. 5) Use and Disposition of Funds Received. Funds received by the Corporation from the City shall be used towards the payment of expenses attendant to the operation of the Trolley System. 6) Creation, Use and Maintenances of Financial Records. a) Creation of Records. The Corporation shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Corporation. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b) Use of Records. The Corporation shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. Attachment number 1 \nPage 1 of 5 Item # 28 2 c) Maintenance of Driver’s Log and Check Point System. The Corporation agrees to maintain a driver’s log and a check point system to document compliance with the agreed upon schedule. Changes to these attached schedules are at the discretion of the Corporation Board of Directors, but will be submitted to the City at least two weeks prior to implementation. Any change, or series of changes, which will cause more than a 25% reduction in the routes may, at the discretion of the City Council, be considered a failure to adhere to the terms of the contract and may be grounds for reducing the funding commitment or may be considered cause for termination of the contract. d) Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub- contracts. d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 8) Liability and Indemnification. The Corporation 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 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 Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 9) Compliance with Laws. Corporation shall comply with all federal, state, county and local laws, rules and regulations applicable to the operation of the vehicles. If it is ever determined that this Agreement violates any federal, state, county or local laws, rules or regulations, then Corporation shall comply in a timely manner or City may terminate. Attachment number 1 \nPage 2 of 5 Item # 28 3 10) Corporation’s Role in the Development and Revitalization of Clearwater Beach. It is contemplated by the Parties hereto that in consideration for the funding provided by the City, the Corporation’s role in providing trolley service shall be promoted as a tourist amenity and enhancement in furtherence of the development and revitalization of Clearwater Beach. To that end, the Corporation agrees to cooperate and work with City staff to develop the Corporation’s role as integral to such revitalization and development and as a catalyst for tourism. In addition, the Costal Route is intended to link the tourism activities on Clearwater Beach with those of Downtown Clearwater. ARTICLE III. RESPONSIBILITIES OF THE CITY 1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part the operational costs incurred in providing the activities and services authorized by this agreement as follows: · An annual amount of $163,433 for providing trolley service on Clearwater Beach, Island Estates and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A. · An annual amount of $3,550 for the Coastal Route, contingent upon PSTA match of $3,550 and Downtown Development Board contribution of $9,220. · Payable in equal payments of 1/12 per month per fiscal year. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party sixty (60) days notice of termination. If the default is not cured within the sixty (60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st) day. 2) Disposition of Fund Monies. In the event of termination for any reason, monies made available to the Corporation but not expended in accordance with this Agreement shall be returned to the City within 30 days of demand. Attachment number 1 \nPage 3 of 5 Item # 28 4 ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to: Jolley Trolley Transportation of Clearwater, Inc. 483 Mandalay Avenue, Suite 213 Clearwater, FL 33767 2) If to City, addressed to: City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 Economic Development and Housing Director P.O. Box 4748 Clearwater, FL 33758-4748 Attachment number 1 \nPage 4 of 5 Item # 28 5 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date written below. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _______ day of _________________, 2013. Countersigned: CITY OF CLEARWATER, FLORIDA ____________________________ ___________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Pam Akin Rosemarie Call, MPA, CMC City Attorney City Clerk JOLLEY TROLLEY TRANSPORATION OF CLEARWATER, INC. By: _______________________________ Rosemary W. Longenecker Executive Director Attest: __________________________________ Attachment number 1 \nPage 5 of 5 Item # 28 Attachment number 2 \nPage 1 of 4 Item # 28 Attachment number 2 \nPage 2 of 4 Item # 28 Attachment number 2 \nPage 3 of 4 Item # 28 Attachment number 2 \nPage 4 of 4 Item # 28 Attachment number 3 \nPage 1 of 9 Item # 28 Attachment number 3 \nPage 2 of 9 Item # 28 Attachment number 3 \nPage 3 of 9 Item # 28 Attachment number 3 \nPage 4 of 9 Item # 28 Attachment number 3 \nPage 5 of 9 Item # 28 Attachment number 3 \nPage 6 of 9 Item # 28 Attachment number 3 \nPage 7 of 9 Item # 28 Attachment number 3 \nPage 8 of 9 Item # 28 Attachment number 3 \nPage 9 of 9 Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve a Professional Services Contract between the City of Clearwater and Imagine Global Consulting to provide tourism marketing services for the City of Clearwater in the amount of $164,000 per fiscal year, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2010, in the wake of changing market trends in tourism, the City shifted its tourism focus to implement a comprehensive public relations program to improve the brand awareness of the City of Clearwater’s attributes as a top tourism destination. The City entered into a contract with Imagine Global Consulting to provide those services with an expiration date of September 30, 2013. In order to prepare for a new contract term and utilize the City’s funding effectively, the City released Request for Proposals 19-13 on May 6, 2013, with the goal of selecting an experienced marketing and public relations partner in directing future marketing and public relations efforts (including web and social media) in an aggressive and comprehensive manner to strengthen awareness nationally and statewide of the City’s attributes and offerings as a top vacation destination with an ultimate goal of attracting more visitors. Eleven proposals were received by the June 6, 2013 deadline. The Selection Committee met on June 28, 2013 to review and rank the proposals. Proposals were evaluated and ranked based on approach to the scope of work, experience, proven performance/similar work, personnel/time availability, creativity, and proposed plan for costs. The Selection Committee was made up of the following: Brian Kramer, General Manager, Hyatt Clearwater Beach Resort and Spa; Doug Kemp, Special Events, Phillies Spring Training and Clearwater Threshers; Lisa Brown, Clearwater Gas Marketing Specialist; Joelle Castelli, Director of Public Communications, and Geri Campos Lopez, Director of Economic Development and Housing. The top four firms were asked to present their proposals to the Selection Committee: Carolyn Izzo Integrated Communications, New York, NY and Miami, FL Imagine Global Consulting, New York, NY MFA Marketing Group, New York, NY Spring O’Brien and Company, Inc., New York, NY After oral presentations were made on July 24, 2013, the scoring was very close with the top two firms. In the end, Imagine Global Consulting received the most points. As a result of the close scoring of the selection, the Selection Committee recommended that clear expectations be defined with the Scope of Work in order to obtain a higher quality of media placements in key source markets and increase in quality print, online and broadcast exposure by developing and maintaining key media relationships. In summary, staff is recommending Imagine Global Consulting for the following reasons: · Balanced, well-rounded approach to the Scope of Work (focusing on increased media coverage, digital presence, event marketing, and partnerships) · Excellent track record of increasing ROI every year with media placements and digital footprint · Continuation of momentum both with events/activities and relationships with tourism stakeholders · Growth and development of the redesigned tourism website · Creativity (Great presentation, good research, laid out clear objectives, strategies, and tactics) · Staff dedicated to this account (90 hours per week) · Understanding of travel trends and its applicability to Clearwater (Family travel, technology, value for money, sustainability and conservation, demand for authenticity and experiential travel, changing media landscape, value of content, and social media) The Scope of Work includes developing a detailed action and activity plan, updating and creating content on the city’s website and Twitter accounts, and providing a monthly report on activities detailing progress made on performance goals and measures with an annual report on quantifiable statistics related to key objectives and detailed return on investment Cover Memo Item # 29 on all initiatives. The two-year contract is a not to exceed $164,000 per year inclusive of all advertising, marketing, and administration with $4,000 for reimbursable expenses for each fiscal year. Appropriation Code Amount Appropriation Comment 010-09216-530300-000 164,000 Bid Required?:Yes Bid Number:RFP 19-13 Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 29 Page 1 of 9 PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, entered into this __________ day of September, 2013, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City,” P.O. Box 4748, Clearwater, Florida 33758 and Imagine Global Consulting, an S corporation, hereinafter referred to as “IGC,” 262 W. 38th Street, Suite 502, New York, NY 10018. WHEREAS, the City requested professional services through Request for Proposals #19-13 seeking assistance from an experienced marketing and public relations firm in directing future marketing and public relations efforts (including web and social media) in an aggressive and comprehensive manner to strengthen awareness nationally and statewide of the City of Clearwater’s attributes and offerings as a top vacation destination with an ultimate goal to attract more visitors; and WHEREAS, IGC agrees, pursuant to the Scope of Work as contained in Exhibit “A” attached hereto, to conduct tourism marketing and public relations activities; NOW THEREFORE, in consideration of the promises stated herein, the City and IGC mutually agree as follows: 1. SCOPE OF PROJECT. IGC agrees to provide professional services under the terms and conditions described in attached Exhibit “A.” 2. TIME OF PERFORMANCE. The term of this Agreement shall be for a period of two (2) years (“Initial Term”) commencing on October 1, 2013 (“Commencement Date”) and continuing through September 30, 2015 (“Termination Date”) unless earlier terminated under the terms of this agreement. This Agreement may be extended for one (1) year under the same terms and conditions by the mutual written agreement of both parties. In consideration of City entering into this Agreement with IGC, IGC covenants with City that IGC shall unequivocably, timely and without reservation, comply with the terms and conditions Attachment number 1 \nPage 1 of 9 Item # 29 Page 2 of 9 and meet service level requirements as set out in EXHIBIT “A”. IGC’s failure to timely comply with any of the obligations hereunder during the term of this Agreement shall be deemed a material default resulting in termination of this Agreement. 3. COMPENSATION. The City will pay IGC a sum of $130,000 per year for implementation and administration of the Scope of Work (as described in Exhibit A). The City will also reimburse up to $4,000 all reasonable and necessary direct expenses and $30,000 for promotions, advertising, and other marketing activities. Total compensation will not exceed $164,000 per fiscal year. Payment schedule is described in Exhibit B. The City may, from time to time, require changes in the scope of work of IGC to be performed hereunder. Such changes, including any increase or decrease in the amount of IGC’s compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and IGC shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. IGC’s invoices shall be submitted to the City for approval for payment on a monthly basis, according to “Exhibit B”. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Attachment number 1 \nPage 2 of 9 Item # 29 Page 3 of 9 Imagine Global Consulting City of Clearwater Gabriele Sappok-Klink Geraldine Campos Lopez President Economic Development & Housing Director 262 W. 38th St. Suite 502 P.O. Box 4748 New York, NY 10018 Clearwater, Florida 33758 (212) 922-1961 (727) 562-4023 (212) 706-8197 (727) 562-4075 6. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving IGC a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. IGC shall be paid for its services through the effective date of such termination. Further, if IGC shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and IGC shall be paid only for work completed. 7. INDEMNIFICATION AND INSURANCE. IGC, at its own expense, shall procure and maintain the following insurance: A. Commercial General Liability Insurance on an “occurrence” basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with media exclusions removed. The City of Clearwater shall be an additional insured on this policy. B. Workers’ Compensation Insurance applicable to its employees for statutory coverage limits, and Employers’ Liability with a $500,000 limit, which meets all applicable state and federal laws. The parties recognize that IGC is an independent contractor. IGC agrees to indemnify and hold harmless the City of, from, and against all liability and expense, Attachment number 1 \nPage 3 of 9 Item # 29 Page 4 of 9 including reasonable attorney's fees, in connection with any and all claims whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of IGC, its agents, officers, subcontractors, employees, and independent contractors. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, IGC shall transfer, assign and make available to City or its representatives all property and materials in IGC’s possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. IGC covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. IGC agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY 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. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. Attachment number 1 \nPage 4 of 9 Item # 29 Page 5 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Pam Akin Rosemarie Call City Attorney City Clerk Imagine Global Consulting Attest: __________________________ By: ________________________ Print Name: ________________ Gabriele Sappok-Klink President Attachment number 1 \nPage 5 of 9 Item # 29 Page 6 of 9 Exhibit A Scope of Work · The Agency will develop a yearly detailed action and activity plan aimed at achieving the goals and objectives as set by the City of Clearwater. These activities are covered by the monthly retainer budget in Exhibit B. In addition, $30,000 a year is set aside in the budget for the implementation of promotional activities including advertising, marketing and other activities to support the public relations work. · The Agency will be responsible for updating and creating content on the city’s tourism website currently at www.visitclearwaterflorida.com and the City’s Twitter account @myClearwater. · As part of the public relations activities, the Agency will: o Pro-actively promote the destination to top tier media in order to generate quality media placements in key source markets (national and regional); o Promote the destination according to unique selling points and within defined niche markets; o Conduct tourism crisis communications if needed; IGC will provide the City of Clearwater with on-going crisis management services to assist the team in effectively identifying, assessing, addressing and diffusing anticipated and unexpected crisis situations related to tourism. o Further develop brand awareness for Clearwater among consumer and travel trade media through high quality media placements; IGC will develop and distribute press releases to the U.S. media on a regular basis. IGC will update and maintain the City of Clearwater press kit, including images, story ideas, fact sheets, recent press releases etc.; o Develop and maintain client-specific media, consumer and trade databases. IGC will continue to write, edit and distribute the bi-weekly Clearwater tourism industry newsletter; o Build destination appeal of Clearwater and extend the reach of the Clearwater brand via an integrated marketing program; IGC will investigate a number of consumer marketing campaigns surrounding specific themes throughout the year to increase brand awareness and visitor numbers in the City of Clearwater. These campaign ideas will be presented to the City for consideration. The integrated marketing program has to be in balance with the traditional PR tactics and media outreach; Attachment number 1 \nPage 6 of 9 Item # 29 Page 7 of 9 o Increase quality print, online and broadcast exposure by developing and maintaining key media relationships; o Increase social media activities and presence; IGC will target social networking platforms such as Facebook, Twitter, travel blogs and PR marketplaces like HARO (Help a Reporter Out), an online media resource that provides media leads. IGC will identify digital media activities that will position the City of Clearwater as an innovator in online travel and lifestyle communications. Develop social media promotion concepts with tourism partners (hotels, airlines, etc) to promote special deals and packages; o Take advantage of synergies between all departments of the City of Clearwater by combining public relations, consumer marketing and sales efforts, by using a calendar of events and campaigns planned by the City of Clearwater. Assist event partners such as Clearwater Superboat National Championship Festival, Clearwater Jazz Holiday, Sugar Sand Festival, Outback Bowl Beach Day, etc with public relations and marketing activities to increase national coverage; o Support in-house marketing and public relations activities; o Act as a first contact for media and as a clearinghouse for information; IGC will provide a news bureau service not only to the City of Clearwater but also to industry partners, to increase quality media coverage on every possible aspect of the destination. This service will provide IGC the opportunity to have as many news angles as possible to promote the City of Clearwater; o Monitor and counteract negative perceptions related to tourism crises communication that may exist; o Design and implement media events to leverage publicity for the City of Clearwater. This may take the form of media luncheons and cocktail events. IGC will conduct New York City based media and sales missions during which no more than two designated Clearwater staff will meet personally with top media and trade representatives in the market; o Develop and manage at least one themed group press trip as well as six highly customized tours for individual representatives of top tier media outlets. Press trips, group and individual, are designed to highlight the unique appeal of the City of Clearwater; and Attachment number 1 \nPage 7 of 9 Item # 29 Page 8 of 9 o Conduct desk-side media calls. The personal touch of media and sales calls ensures a close relationship with key media, an essential PR and marketing tool. · The Agency will provide the City monthly reports on activities to include updates on newly released travel trends and statistics as well as travel media and social media trends. · The Agency will report on Performance Goals and Measures as part of the Agency’s monthly reporting requirements. IGC will track and report on quantifiable statistics related to key objectives and detail a return on investment on all initiatives. IGC will report on measures such as visitor trends, number of website hits, number of email blasts, results of social media campaigns and contests, amount of and number of destination advertising placed, editorial placement, number of travel writers contacted and hosted, results of event related marketing efforts, and number of stories produced. IGC will present yearly updates on these Performance Goals and Measures to the City Council. Attachment number 1 \nPage 8 of 9 Item # 29 Page 9 of 9 Exhibit B Payment Schedule In consideration of the obligations undertaken by IGC, the City of Clearwater shall pay IGC the sum of US $10,833.33 (ten thousand eight hundred thirty three US Dollars) per month for the 24-month period from October 1, 2013 to September 30, 2015, to be invoiced on a monthly basis. IGC shall invoice the City of Clearwater on the first day of every month, to be due by the 15th of the month. Additional expenses incurred on behalf of the City of Clearwater shall all be at the cost of the City and will not to exceed $30,000 per fiscal year. Such costs are only to be incurred by IGC with prior written approval by the City of Clearwater. These costs, which were previously approved by the City of Clearwater, shall be paid along with the monthly payment and the agency shall send the description of the costs incurred with at least 5 (five) days of advance of the date of the payment. In addition to the flat-fee retainer, the City will reimburse IGC up to $4,000 per fiscal year for approved reimbursable direct expenses (i.e. travel). Attachment number 1 \nPage 9 of 9 Item # 29 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the extension of the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for one year through September 30, 2014 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has also contracted with an ambulance contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. The Pinellas County EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007 and then another agreement was signed for 2007-2009. Each year from this expiration date, an annual extension has been authorized. Pinellas County EMS Authority and the City of Clearwater agree that upon approval of the 2013-2014 extension, all revised terms of the last authorized agreement will be effective and extended to September 30, 2014. Compensation for the fiscal year commencing October 1, 2013 and ending September 30, 2014 shall be $5,787,934. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2013. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 30 Attachment number 1 \nPage 1 of 6 Item # 30 Attachment number 1 \nPage 2 of 6 Item # 30 Attachment number 1 \nPage 3 of 6 Item # 30 Attachment number 1 \nPage 4 of 6 Item # 30 Attachment number 1 \nPage 5 of 6 Item # 30 Attachment number 1 \nPage 6 of 6 Item # 30 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year through September 30, 2014 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services. Through this contract, Clearwater Fire and Rescue will provide fire suppression services; investigations of fires; inspection of commercial, industrial and multi-family dwellings; and fire prevention/life safety public education to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. Each year from this expiration date, an extension has been authorized. Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of the 2013-2014 extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2014. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2013 under the same terms as the previous contract. Under this year’s contract 11.11% of the Clearwater Fire District was determined to be unincorporated Pinellas County. Therefore, the County will reimburse the City 11.11% of the net department budget or approximately $2.2 million for fiscal year 2013-2014. The reimbursement percentage can fluctuate year to year as property values within the fire district change. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 31 EXTENSION OF FIRE PROTECTION SERVICES AGREEMENT THIS AGREEMENT made this ___________ day of __________, 2013, between the CITY OF CLEARWATER, (“Contractor”) and PINELLAS COUNTY FIRE PROTECTION AUTHORITY, (“County”) by and through its governing body the Pinellas County Board of County Commissioners on behalf of the Clearwater Fire Control District, a Municipal Services Taxing Unit, (“District”). 1. Contractor currently contracts with County to provide fire protection and suppression services to the District. 2. The current agreement between the Contractor and the County is dated October 3, 2012 and is set to expire September 30, 2013. 3. Contractor and County wish to extend the term of the contract until September 30, 2014. 4. Contractor and County agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2014. IN WITNESS WEREOF, the parties hereto, by and through their undersigned authorized officers have caused this Extension to be executed on this _________ day of ____________, 2013. ATTEST PINELLAS COUNTY FIRE KEN BURKE, CLERK PROTECTION AUTHORITY by and through its Governing Body, The Pinellas County Board of County Commissioners by :______________________ Deputy Clerk by: _____________________________ Chairman Approved as to Form __________________________ Office of the County Attorney Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ by: Mayor-Commissioner City Manager Approved as to Form and legal Suffiency: ATTEST: __________________________ __________________________ Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 31 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement with Pinellas County Housing Authority for natural gas pipeline monitoring, inspection and maintenance and authorize the appropriate officials to execute same. (consent) SUMMARY: Rainbow Village is a community of duplexes and triplexes with 200 units, which is owned by the Pinellas County Housing Authority (PCHA). It is located at 12301 134th Avenue North in Largo. The property offers one and two bedroom apartments and two-story three, four and five bedroom apartments. They utilize gas appliances and have been operating on a Master Metered system, where they own the natural gas distribution facilities and services beyond the Master Meter that serve the individual buildings and apartments. The natural gas safety regulations behind Master Metered systems falls under the jurisdiction of the U.S. Department of Transportation (U.S. DOT), Federal Pipeline and Hazardous Material Safety Administration (PHMSA). These are the same regulations (Part 192 of Title 49 of the Code of Federal Regulations (CFR), the Minimum Federal Safety Standards) that apply to Clearwater Gas System (CGS). Several years ago, PHMSA began more rigorous enforcement of these rules, which includes External Corrosion Control of Buried Pipelines. Utilities and Master Metered operators were required to prepare Distribution Integrity Management Plans (DIMP), keep detailed records of maintenance, inspection and testing, and be evaluated accordingly. Clearwater Gas System submitted the DIMP plan in August 2011 to the Florida Public Service Commission (FPSC), who is under contract with PHMSA to inspect and enforce the regulations with the Florida gas utilities. FPSC did not contract to inspect the Master Meter Operators (MMOs). Earlier this year PHMSA informed the 10 MMOs that CGS serves that they must come into compliance or be fined and ultimately may be shut down. Clearwater Gas has been working with these MMOs to determine how to help them comply since they typically lack the knowledge, skills, and ability to perform this sensitive evaluation. Rainbow Village is the first to complete this assessment and has elected to maintain their Master Metered system and enter into an Interlocal Agreement with CGS, whereby CGS will do the external underground corrosion monitoring, maintenance and repair, including emergency response and mitigation of reported gas leaks. PCHA will utilize their personnel to do the other services and documentation of same. The Interlocal Agreement outlines the cost for the operational services that CGS will perform. Type:Other Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:0 Annual Operating Cost:0 Not to Exceed:0 Total Cost:0 For Fiscal Year:10/01/2012 to 9/30/2013 Review Approval:Cover Memo Item # 32 Attachment number 1 \nPage 1 of 7 Item # 32 Attachment number 1 \nPage 2 of 7 Item # 32 Attachment number 1 \nPage 3 of 7 Item # 32 Attachment number 1 \nPage 4 of 7 Item # 32 Attachment number 1 \nPage 5 of 7 Item # 32 Attachment number 1 \nPage 6 of 7 Item # 32 Attachment number 1 \nPage 7 of 7 Item # 32 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the renewal of the Agreement between the City and CareATC for the administration of the City’s Employee Health Center, providing onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $1,750,000 per year; authorize a purchase order for payment of same; and authorize the appropriate officials to execute same. (consent) SUMMARY: The current Agreement between the City and CareATC expires on September 30, 2013. This renewal is a three-year agreement with a not-to-exceed cost of $1,750,000 per year, with the ability to terminate upon 120 days written notice by either party. The total not-to- exceed cost includes staffing, equipment, supplies, as well as an administrative fee of $303,300 annually for the life of the agreement, to be paid to CareATC in monthly installments. The total cost is exclusive of any reimbursements for costs shared by any partnering entity. Under the Agreement, CareATC will continue to be responsible for providing all clinic services to City employees, retirees, and their respective dependents enrolled in the City’s medical insurance plan. The clinic is currently operating 50 hours per week and maintains a staff of two full-time physicians, one half-time physician, one licensed practical nurse, and three medical assistants. Costs for Fiscal Year 14 have been submitted in the budget as part of the Fiscal Year 14 annual budget process. The estimated costs per year are indicated below: Item Administration Fee $303,000 Staff Costs $800,000 Supplies/Rx/Labs $410,000 Health Assessments $127,500 Utilities/Maintenance $67,000 Total $1,707,500 Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$1,635,830 Annual Operating Cost: Not to Exceed:$1,750,000 per year Total Cost: For Fiscal Year:2014 to 2016 Appropriation Code Amount Appropriation Comment Cost center 9835 $5.25M Three year contract Review Approval: Cover Memo Item # 33 CareATC, Inc., ______and Partner_____ Page 1 of 42 Employee Health Center Service Agreement THIS EMPLOYEE HEALTH CENTER SERVICE AGREEMENT (“Agreement”) is made and entered into as of the day of , 2013 (“Execution Date”) but effective as of October 1, 2013 (“Effective Date”) by and between CareATC, an Oklahoma company (“CATC”) and City of Clearwater (“Clearwater”). Together CATC and Clearwater may be referred to as “the Parties.” WHEREAS, CATC is a vendor that provides Employee Health Center services to employers for the benefit of employees and others deemed eligible by the employer (collectively “Participants”) for the purpose of treating minor illnesses; conducting health assessments, physicals, and screenings; providing vaccinations, acute and injury care, and laboratory services; and dispensing certain medications. WHEREAS, Clearwater is an employer that would like to contract for the provision of certain Employee Health Center services to Clearwater’s employees and other eligible Participants. WHEREAS, the Plan Administrator is an individual(s) that oversees the administration of Clearwater’s medical benefits plan (“Plan”). The Plan is a separate entity, distinct from Clearwater. The Plan Administrator determines questions of eligibility for the Plan and interprets the terms of the Plan. NOW, THEREFORE, and in consideration of the promises and mutual covenants contained herein, the parties hereby agree as follows: 1. Scope of Work a. CATC will administer a medical Employee Health Center located, operated and implemented as described in Exhibit A to this agreement (“Employee Health Center”). The Employee Health Center may be staffed with any or all of the following: physicians, nurse practitioners, nurses, licensed practical nurses, registered nurses, physician assistants, and medical assistants (collectively “Health Professionals”). The Employee Health Center will be available to those Participants that are designated as eligible to have access to the Employee Health Center by the Plan Administrator and/or Clearwater and who are communicated to CATC by the Plan Administrator and/or Clearwater as being eligible. Participants will not be required by CATC to use the Employee Health Center or any service provided by CATC; provided, however, CATC reserves the right to deny services to any Participant for reasonable cause and with prior written notification to Clearwater. b. Covered Services are those services performed at the Employee Health Center by Health Professionals and are limited to the services listed below. The services listed below are collectively referred to throughout this Agreement as “Covered Services.” Attachment number 1 \nPage 1 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 2 of 42 (i) Health assessments for eligible Participants who elect to utilize the Employee Health Center. Such assessments will be comprised of (a) blood draws and data collection for each Participant conducted by qualified and licensed personnel either at an agreed upon location or at the Employee Health Center; (b) standard laboratory work; (c) a hard copy individually printed report mailed to each Participant’s home address; (d) aggregate reports of findings to Clearwater. (ii) Aggregate Participant population analyses to improve chronic disease and medication management. (iii) Primary medical care to include, but not limited to: (1.) Minor acute illness evaluation and available treatment for minor illnesses such as coughs, earaches, fevers, headaches, and sinus infections. (2.) Chronic illness evaluation, which includes evaluating, diagnosing, treating and managing typical chronic illnesses that are handled at the Employee Health Center, such as blood sugar, blood pressure, cholesterol, BMI and tobacco cessation. (3.) Minor medical procedures that are within the Health Professionals’ scope and abilities and that can be performed at the Employee Health Center, with available equipment, and during operating hours. (iv.) Pharmaceuticals, as agreed upon by CATC and Clearwater, will be available to treat common illnesses, including, but not limited to: (1.) Infections (2.) Hypertension (3.) Hyperlipidemia (4.) Diabetes (5.) Infectious Disease (including antibiotics) (6.) Gastro esophageal/reflux disease (7.) Asthma (8.) Chronic lung disease No controlled substances will be stocked. (v.) A program to provide Health Professionals Seminars and Roundtables to improve skills in meeting Employee Health Center goals. (vi.) Necessary laboratory work to support the services listed above, including, but not limited to blood draws. c. CATC will furnish Physicians and other Health Professionals to provide Covered Services, and will advise Clearwater whether a physician candidate is board-certified or board-eligible. CATC will consult with Clearwater regarding Clearwater preferences for board-certified physicians. Attachment number 1 \nPage 2 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 3 of 42 d. CATC may furnish temporary physicians to perform Covered Services and will notify Clearwater as soon as possible thereafter. Temporary coverage shall be considered a period not to exceed ninety (90) days. CATC may replace an existing physician on a permanent basis to perform Covered Services following notification to Clearwater and with Clearwater written approval. e. The parties may not expand the scope of work in accordance with this contract unless both parties have agreed in writing. 2. Fees Clearwater agrees to pay CATC in accordance with the fee schedule explained in Exhibit B to this agreement. Such fees will include amounts (as invoiced to CATC) for supplies, equipment, construction, services, and personnel. If any tax, fee, or assessment is payable with respect to any good or service provided by CATC under this Agreement (other than a tax on CATC’s income), Clearwater will pay such tax or fee in addition to the other fees described in this Agreement. 3. Rate Increases The Rates set forth in Exhibit B shall remain in effect for the initial term of this Agreement. Rates, except where expressly implied in this Agreement, may only be changed upon the mutual agreement of the Parties during and/or following the expiration of the initial term. 4. Term and Termination The term of this Agreement shall be three (3) years from the Effective Date (“Initial Term”). This Agreement will automatically renew for consecutive one (1)-year terms beginning after the expiration of the Initial Term and each year thereafter, provided neither Party terminates the Agreement in accordance with the terms below. Either Party may terminate this Agreement by providing to the other Party as designated in the Notice Section of this Agreement written notice no less than one hundred twenty (120) days prior to the proposed date of termination. 5. CATC’s Responsibilities a. Obtain or be in possession of all licenses and permits necessary to provide all services under this Agreement. b. Purchase the supplies and equipment listed in Exhibit C for the operation of the Employee Health Center. CATC will ensure that a regular inventory of all supplies is conducted. CATC’s Employee Health Center Employees shall notify CATC when supplies need to be reordered and CATC will reorder new supplies. CATC will provide Clearwater with the receipt for supplies on request. CATC will use reasonable efforts to purchase such equipment and supplies at the commercially reasonable cost for such types of purchases. Attachment number 1 \nPage 3 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 4 of 42 c. Arrange for lab services, including courier pick-up. CATC will pay for all labs performed and will invoice Clearwater according to Exhibit B. CATC will provide Clearwater with the receipt for lab services on request. d. Arrange for the pickup and disposal of medical waste at Clearwater expense. e. Provide to Clearwater and/or the Plan Administrator the reports described below at a frequency as agreed upon by the parties, but not less than each calendar quarter. Any reports containing participant information will be de-identified before being provided to Clearwater and/or the Plan Administrator. (i.) Reports generated from eClinicalWorks, the electronic medical records system. Reports available for established reporting periods include but are not limited to, chronic disease management, Employee Health Center utilization, and aggregate health trends. Report data to be provided to Clearwater shall include, but not be limited to, (a) the number of Participants, (b) the number of unique Participants for whom Employee Health Center services are provided, (c) the percentage of available Employee Health Center appointment time attended and not attended, and (d) an aggregate summary indicating the types of conditions, treatments, and services provided. (ii.) Medication usage report from Dispensing Solutions, Inc. (iii.) Patient satisfaction reports. f. Provide Participants who participate in the PHA program with a hard copy of their individual printed Personal Health Assessment report through mail to each Participant’s home address, and have electronic individual reports accessible via the CareATC secure Internet Partner portal. These reports will not be available to Clearwater and/or Plan Administrator unless the Participant signs a HIPAA Authorization for CATC to provide Clearwater and/or Plan Administrator access. g. Contract with “Health Professional(s)” to provide services to Clearwater at the Employee Health Center. Clearwater shall have the opportunity upon request to CATC to interview any initial, replacement, or temporary Health Professional identified by CATC and determine if the Health Professional will be acceptable to Clearwater. Clearwater shall also have the right to require CATC to remove a Health Professional in accordance with the terms of this Agreement. Health Professional will be subject to the following terms per his/her agreement with CATC: (i) Will have the right to determine his/her own means and methods of providing Covered Services within acceptable levels established through the oversight and quality control functions performed by CATC’s Medical Directors. Attachment number 1 \nPage 4 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 5 of 42 (ii.) Will give due consideration when making referrals for additional medical care outside the scope of the Employee Health Center Covered Services to health providers identified by Clearwater as “in network” for purposes of a health plan. Physicians may make other referrals based on patient preferences, concerns about quality or availability, lack of coverage, or other reasonable bases. (iii) Will not bill or otherwise solicit payment from Participants, their dependents, Clearwater, or Clearwater insurers or benefit plans, for the Covered Services provided by the Health Professionals in the Employee Health Centers. Exception to this clause will be for CATC clients who elect the Health Savings Account Option (“HSA”). (iv) Will be required to comply with applicable laws and regulations with respect to the Covered Services. (v.) Will be required to provide Covered Services in a professional manner consistent with Medical Services provided in the community. h. Require that any physician performing services at the Employee Health Center maintain the following: (i) A license to practice medicine in the State where services are to be rendered without limitation, restriction or suspension; (ii) The absence of any involuntary restriction placed on his/her federal Drug Enforcement Agency (“DEA”) registration; (iii) Good standing with his/her profession and state professional association; and (iv) The absence of any conviction of a felony. i. CATC will provide for and be responsible for the cost of all computer systems software and licensing, and will further provide for all administration and computer systems support of any software used exclusively by CATC in operating the Employee Health Center. j. CATC and the Employee Health Center will not discriminate with regards to access to Employee Health Center services on the basis of race, color, creed, national origin, disability, gender, religion, pregnancy, status as an active or former member of the military, sexual orientation or any other basis on which any applicable law, rule or regulation prohibits discrimination. 6. Clearwater Responsibilities a. Clearwater will provide for a Employee Health Center in accordance with the specifications listed in Exhibit D. Clearwater will also ensure the Employee Health Center meets the minimum technical specifications listed in Exhibit E. Attachment number 1 \nPage 5 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 6 of 42 b. Clearwater agrees to execute a Business Associate Agreement to be incorporated as a part of this Agreement and included as Exhibit I. The Business Associate Agreement will ensure compliance with HIPPA regulations and/or plan requirements. c. Clearwater and/or the Plan Administrator shall create a list of eligibility requirements for use of the Employee Health Center and shall provide CATC with a list of eligible Participants (Eligibility List) and their social security numbers. Eligible Participants will not be added or permitted to obtain Employee Health Center services until the social security number has been provided. Should Clearwater choose not to provide Participant’s social security number as the Participant’s unique identifier, then Clearwater agrees to work with CATC IT department in order to meet CATC requirements for a unique identifier that is acceptable for use with CATC systems. Clearwater shall be responsible for submitting the Eligibility List on no less than a monthly basis and no later than the 5th day of each month. Eligibility Lists submitted by Clearwater shall meet specification requirements provided by CATC. CATC shall provide Clearwater reasonable notice of any necessary changes to the specifications. d. Clearwater and/or the Plan Administrator will not discriminate with regards to eligibility on the basis of race, color, creed, national origin, disability, gender, religion, pregnancy, status as an active or former member of the military, sexual orientation or any other basis on which any applicable law, rule or regulation prohibits discrimination. e. Clearwater and/or the Plan Administrator shall communicate the availability of the Employee Health Center, the hours and location of the Employee Health Center, and the services that the Employee Health Center provides to all eligible Participants. f. Clearwater and/or the Plan Administrator shall be responsible for determining the extent and means by which the Employee Health Center and the provision of Covered Services are to be integrated with the Clearwater Plan. The Plan Administrator and/or Clearwater is responsible for amending the terms of the Plan, as necessary; amending any employee handbook or other statement of corporate policies, as necessary; and/or establishing a separate medical plan, in order to ensure compliance all applicable laws. g. Clearwater and/or the Plan Administrator shall communicate to CATC and all Participants any changes to and/or the creation of any benefit plans and/or corporate policies resulting from the execution of this Agreement that may materially affect the operation of the Employee Health Center or Participant’s access to Employee Health Center services. h. Clearwater will maintain all corporate authority, licenses and permits as required to perform its obligations in accordance with this Agreement and/or maintain the operational soundness of each Employee Health Center. Attachment number 1 \nPage 6 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 7 of 42 i. Clearwater will provide the following items and services for the operation of any on-site Employee Health Center: electricity; heat and cooling; ventilation; hot and cold running water; lighting and bulb replacement; structural and cosmetic repairs to the facilities; regular trash and janitorial service, as-needed janitorial service during Employee Health Center hours; security; access; telephone, separate fax, and high-speed Internet service. Medical Waste Services will be provided by CATC; however, the services will be provided at the expense of Clearwater. j. Clearwater acknowledges and will support CATC’s policies (a) to require patients to leave weapons outside of the examination room area in accordance with applicable law or unless the patient is required as part of their job to carry a weapon, and (b) to prohibit smoking in or near the Employee Health Center. If patient(s) are required to carry a weapon as part of their job, CATC will provide at Clearwater’s expense locked storage in each examination room to be utilized for the duration of time that the patient is being treated. 7. Removal of Health Professionals a. Clearwater may submit to CATC a written request to remove any Health Professional, together with a reason for such request, not less than thirty (30) days prior to the date by which Health Professional should be removed, unless written request falls under the provisions for “Cause for Immediate Removal” in Section 7, c. below. b. CATC will have a reasonable period of time (not less than ten (10) days after Clearwater request) to investigate the situation. If, after the investigation of the matter of concern, Clearwater or CATC desire that the Health Professional be replaced, CATC shall immediately commence actions to recruit another Health Professional to provide services at the Employee Health Center. Clearwater at its discretion may authorize CATC to provide a temporary replacement during the interim period of recruiting and hiring such Health Professional. c. “Cause for Immediate Removal” (i) Failure of Health Professional to possess or maintain appropriate credentials. (ii) Failure of Health Professional to qualify for required insurance coverage. (iii) Unacceptable quality of service; it is determined in good faith that Health Professional is negligent or does not meet expected standards as determined by CATC or Clearwater in the performance of health care services. (iv) Endangerment by the Health Professional of the health, life or safety of any patient, co-worker or other person. 8. Insurance and Liability Prior to execution of Employee Health Center, the Parties will furnish documentation verifying they have obtained the required insurance in accordance with Exhibit F of this Agreement. Annually, upon the anniversary date(s) of the insurance policy renewal date(s), CATC will furnish Clearwater with Certificate(s) of Insurance evidencing the coverage set forth, and Clearwater will furnish CATC with a letter evidencing self-insurance and excess coverage set forth. Attachment number 1 \nPage 7 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 8 of 42 Both Parties agree to provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change, or reduction in such coverage. Either Party may request verification of the certificates or copies of the insurance policies of the other Party at any time and, within fifteen (15) days after a Party’s request, the other Party will furnish the requested documentation verifying that it possesses the required insurance. 9. Taxes If Clearwater, or certain Clearwater purchases, are exempt from a payment of certain sales taxes, Clearwater agrees to pay all taxes passed through as invoiced by CATC and shall be responsible for obtaining any credit due from the applicable sales tax authority. 10. Indemnification a. Each Party (the “Indemnifying Party”) agrees, to the extent permitted by law, to indemnify, defend and hold the other Party, its staff, directors, trustees, Partners, limited Partners, officers, agents, affiliates, contractors, employees, successors and assigns harmless from and against any and all claims, judgments and liabilities (including reasonable attorney’s fees and expenses incurred in the defense thereof) relating to all losses arising out of (a) the breach of any term or condition of this agreement; and/or (b) the services performed or under (or related to) this agreement and/or (c) the negligent and/or willful acts or omissions of the Indemnifying Party. b. The provisions of this Section shall survive the termination of this Agreement. 11. Breach If a Party commits a breach of this Agreement, the non-breaching Party may provide written notice of the breach to the breaching Party. Upon such notice, the breaching Party must be provided an opportunity to cure such breach within thirty (30) days. If the breaching Party fails to fully cure its breach within such thirty (30)-day period, the non-breaching Party may terminate this Agreement for cause, immediately upon written notice. 12. Non-Solicitation During the term of this Agreement, Clearwater will not indirectly or directly hire or retain, as a full-time or part-time employee, or on an independent contractor or consultant basis, any Health Professional that performs Covered Services during the term of this Agreement at the Employee Health Center, or otherwise directly or indirectly solicit or encourage any such Health Professional to discontinue performing services for CATC (whether as an employee or independent contractor or consultant). The foregoing obligations will not apply, however, if CATC consents otherwise in writing. CATC will not prohibit a Health Professional from being directly or indirectly hired or retained by Clearwater, as a full-time or part-employee or on an independent contractor or consultant basis, following the term or termination of this Agreement, in the event that (1) the Agreement is terminated by CATC for reason other than breach on the part of Clearwater as provided for in this Agreement, and/or (2) CATC elects to not retain the Health Professional as an employee of CATC. Attachment number 1 \nPage 8 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 9 of 42 13. Data Encryption Clearwater will implement appropriate computer and data encryption and security measures to secure all information furnished between Clearwater and CATC. Clearwater will immediately notify CATC of any suspected or confirmed loss, copying or disclosure of Protected Health Information (“PHI”) as that term is defined by 45 C.F.R. §160.103 and to include electronic PHI that has been furnished (or intended to be furnished) to or by CATC. The Parties will provide timely cooperation to each other in (a) providing any required notices to patients, Participants, or others relating to a suspected or actual loss or disclosure of PHI, consumer credit information, or other information for a possible loss or disclosure triggering a legal obligation to provide notices, and in (b) attempting to mitigate such a loss or the effects of such a loss. 14. Records & Privacy a. Medical Records and PHI (i) Medical records shall be maintained by CATC and/or the Employee Health Center with respect to all of the Participants who are patients. Health Professionals will maintain such medical records consistent with the accepted practice of the community in which the Health Professionals provide Covered Services, and in accordance with HIPAA privacy standards. (ii) Unless specifically directed by the patient, all patient records will be accessible only to the Health Professionals providing medical services at the Employee Health Center for diagnostic and educational purposes. (iii) PHI information will be maintained in a professional manner consistent with HIPAA privacy standards. Patients will be notified by CATC or the Employee Health Center of the Privacy Practices as outlined in Exhibit G. Exhibit G may be modified from time to time and patients will be provided with the updated requirements. (iv) Patients will be provided by CATC or the Employee Health Center with notice of Patient Rights as outlined in Exhibit H. Exhibit H may be modified from time to time and patients will be provided with the updated requirements. (v) All patient records, and all PHI data and information maintained in connection with this Agreement, will be the sole property of CATC and Health Professionals contracted to provide services. All PHI, and all other data, information, documents or other information of any type relating to patients covered under this agreement, or services provided to such patients, will be the sole and exclusive property of CATC. (vi) Clearwater and CATC agree that all PHI and medical information and records will be subject to HIPAA and other privacy rules. Clearwater will not be entitled to have access to any PHI or medical records or information maintained by Health Professionals, except for “de-identified” and aggregated group information provided as part of the Covered Services. Attachment number 1 \nPage 9 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 10 of 42 (vii) Notwithstanding the above terms, Clearwater will have access to records pertaining to work-related injuries reimbursable by Clearwater, to the limited extent permitted by Worker’s Compensation laws. (viii) Anything herein to the contrary notwithstanding, CATC will maintain all PHI as confidential and will not disclose such health information to any third party or use such health information for commercial advantage or personal gain, except as permitted by HIPAA and CATC’s HIPAA Notice of Privacy Practices. All obligations to maintain confidentiality of health information will survive termination of this Agreement indefinitely. Clearwater acknowledges receipt of CATC’s Notice of Privacy Practices provided in Exhibit G and Patient’s Rights per Exhibit H. CATC has the right to modify both the Notice of Privacy Practices and Patient’s Rights upon written notice to Clearwater. b. Public Records In addition to all other contract requirements as provided by law, CATC agrees to comply with public records law specifically to: (i) Keep and maintain public records that ordinarily and necessarily would be required by Clearwater in order to perform the service being provided by CATC hereunder. (ii) Provide the public with access to public records on the same terms and conditions that Clearwater would provide the records and at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. (iii) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (iv) Meet all requirements for retaining public records and transfer to Clearwater, at no cost, all public records in possession of CATC upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Clearwater in a format that is compatible with the information technology systems of Clearwater. CATC hereby acknowledges and agrees that if CATC does not comply with a public records request, Clearwater shall have the right to enforce the contract provisions in accordance with this contract. Attachment number 1 \nPage 10 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 11 of 42 15. Proprietary Information a. “Proprietary Information” includes, among other information, all information that is not subject to public records disclosure as it pertains to CATC’s business, employees, contractors, professionals, finances, contracts, strategies, marketing, legal claims, billing and collection practices, insurance, patients, medical practices, company policies, wellness initiatives or savings, information systems, data collections, costs or charges, statistics, information regarding Employee Health Center(s), staffing models, delivery systems, and/or other information that CATC identifies as such and wishes to remain confidential. Information that is made known to the general public is not Proprietary Information; however, all information not considered subject to public records disclosure in accordance with applicable law, furnished or exchanged under this Agreement and identified as such by CATC is to be considered Proprietary Information. b. Except as expressly set forth herein, CATC will, at all times, exclusively own all right, title and interest in and to the following materials (collectively, “CATC Materials”): (a) any marketing collateral supplied by CATC hereunder; and (b) logos, trademarks, trade names and service marks. During the term of this Agreement, CATC hereby grants to Clearwater a non-exclusive, non-transferable, royalty-free, revocable right and license to use, market, promote and display the CATC Materials in connection with the services performed by CATC hereunder. Except for those rights expressly granted herein, Clearwater shall not grant, nor claim any right, title or interest in the CATC Materials. Similarly, except as expressly set forth herein, Clearwater shall, at all times, exclusively own all right, title and interest in and to any marketing collateral supplied by Clearwater hereunder; and Clearwater logos, trademarks, trade names and service marks. c. Each Party acknowledges that, during the term of this Agreement, it (the “Receiving Party”) may receive or be exposed to information that the other Party (the “Disclosing Party”) considers to be confidential or proprietary in nature. Each Party agrees that, except as contemplated in fulfilling its obligations hereunder, it will not, during the term of this Agreement and for a period of five (5) years thereafter, use directly or indirectly, for its own account or for the account of any other person, or disclose to any other person any confidential or proprietary information identified as such by the other Party or any affiliate of the other Party, including, but not limited to, supplier and customer lists, pricing and cost information, business plans and objectives, purchasing and marketing know-how, and methods and techniques in any form whatsoever. Each Party shall take such precautions with respect to the confidential and proprietary information of the other Party as it normally takes with respect to its own confidential and proprietary information, but in no event will it exercise less than ordinary care with respect to such information. In the event of a conflict between the terms of this Agreement and terms of any separate confidentiality or non-disclosure agreement between the Parties, the provisions of this Agreement shall control. Attachment number 1 \nPage 11 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 12 of 42 d. Notwithstanding anything to the contrary contained in this section, in the event the Receiving Party is required to disclose any confidential or proprietary information of the Disclosing Party pursuant to a court order or decree or in compliance with the rules and regulations of a governmental agency or in compliance with any law, the Receiving Party shall provide the Disclosing Party with prompt notice of such required disclosure so that the Disclosing Party may seek an appropriate protective order and/or waive the Receiving Party’s obligation to comply with the provisions of this section. e. Upon the written request of the Disclosing Party, the Receiving Party shall transfer all written records of the Disclosing Party’s confidential or proprietary information to the Disclosing Party or, at the Disclosing Party’s election, in lieu of the transfer of such written records to the Disclosing Party, the Receiving Party shall destroy all such information of the Disclosing Party in the possession of the Receiving Party where permitted by law. Upon the request of the Disclosing Party, the Receiving Party will promptly certify in writing to the destruction of such written confidential or proprietary information. f. No document or information, authored by CATC, will ever be deemed a “Work for Hire” for Clearwater. No information, idea, concept or report, developed or created by CATC, will be Clearwater property. Clearwater agrees that CATC is and will be the author and owner of intellectual property (such as patentable ideas, copyrightable materials, trade secrets, or other ideas) conceived, developed or prepared by CATC, alone or with others, within the scope of any of CATC’s contractual relationships with Clearwater. Clearwater will not receive any licensing or royalty rights, or rights to use copy or adapt any such intellectual property. CATC may register and hold in its own name all such intellectual property rights. 16. Marketing Under no circumstances will either party advertise, disclose, market, or publicize the Partnership between CATC and Clearwater or the existence of this Agreement in a manner inconsistent with State of Florida or any other public records law without the prior written consent of the other party. 17. Warranties a. This Agreement is solely for the provision of Covered Services at the Employee Health Center or other location as agreed upon by the Parties and its existence does not establish any wellness program, corporate policy, separate benefit plan or amendment of any benefit plan, program, or policy offered or required by Clearwater. b. This Agreement does not create any obligations of CATC or Health Professionals to administer any services not contemplated by the Scope of Work discussed in Section 1 of this Agreement. Covered Services are strictly limited to the services listed in Section 1b of this Agreement except as otherwise agreed upon by the Parties in writing. c. CATC is not acting in a fiduciary capacity and is not a fiduciary of any health, medical or benefits plan offered by Clearwater. Attachment number 1 \nPage 12 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 13 of 42 d. CATC is not responsible for eligibility determinations for Employee Health Center services. CATC shall solely rely on the eligibility information provided by the Plan Administrator and/or Clearwater in allowing access to Employee Health Center services. CATC will not accept any appeals or claims for benefit or eligibility determinations. CATC will not be liable for any errors or omissions in eligibility information provided to it by the Plan Administrator and/or Clearwater. e. CATC is not a law firm and does not purport to give Clearwater any sort of legal, tax, or fiduciary advice or guidance with respect to: Clearwater and/or the Plan Administrator’s responsibilities under this Agreement; amending any health, medical, or benefits plan offered by Clearwater; formation of a wellness program or separate medical plan; obligations of Clearwater and/or the Plan Administrator under local, state and federal law. 18. Independent Contractors It is expressly understood and agreed that CATC and Clearwater shall at all times during the term of this Agreement act as independent contractors, and neither Party shall have any authority to bind the other Party. Neither Party is intended to be an employee or employer of nor joint venturer with the other Party, and except as otherwise specifically contemplated herein, neither Party shall function as an agent of the other Party. Each Party hereto shall be responsible for its own activities and those of its employees and agents. Further, nothing contained herein shall be construed to create a Partnership, association or other affiliation between CATC and Clearwater. In no event shall either Party be liable for the debts or obligations of the other except as otherwise specifically provided in this Agreement. No provision of this agreement shall be deemed to create a relationship between the Parties of employer and employee, principal and agent, or any relationship other than that of the independent Parties contracted with each other on a non-exclusive basis. Each Party’s employees and contracted professionals will be the employees and professionals only of that Party and not of the other Party. A Party will have the exclusive authority to hire, fire, compensate, assign duties to, and direct its employees. Each Party will be solely responsible to pay any applicable compensation or severance to its employees. Each Party will have the sole obligation to withhold and pay all taxes, unemployment compensation, Social Security, Medicare, and other legally-required or authorized withholdings or payments, to or with respects to its employees. Each Party will be solely responsible for the actions or inactions of its employees. 19. Notices All notices, consents, demands, and waivers described in this Agreement must in writing and will be deemed delivered when the first of the following occurs: a. When delivered personally to a Party’s Chief Executive Officer, Chief Operating Officer, or Representative at the address listed below; Attachment number 1 \nPage 13 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 14 of 42 b. On the first attempted delivery by the U.S. Postal Service on a weekday that is not federal holiday, if mailed by Certified Mail, Return Receipt Requested, postage prepaid to the address listed below. If to CATC: CareATC 4500 South 129th East Avenue Suite 191 Tulsa, OK 74134 If to Clearwater: City of Clearwater Human Resources Department 100 South Myrtle Avenue Clearwater, FL 33756 20. Waiver Either Party may waive any of the terms or conditions of this Agreement at any time provided such waiver is in writing and signed by the Party granting the waiver. No such waiver will affect or impair the waiving Party’s right to require the performance either of that term or condition as it applies on a subsequent occasion, or any other term or condition of this Agreement. A Party’s failure to object, delay in requiring performance, or other action or inaction, will not be deemed a waiver of any term or condition of this Agreement or consent to a breach. 21. Force Majeure CATC will not have any obligations to provide, or liability for failure to provide, any good or service under this Agreement for any cause beyond CATC’s reasonable control including, without limitation, any Act of God, fire, flood, hurricane, environmental contamination, disruption in utilities, act or order of Clearwater or other governmental entity, act of terrorism, war, vandalism or other public disruption, destruction of records, disruption of communications or transportation, labor difficulties, shortages of or inability to obtain labor, material or equipment, or unusually severe weather, or any other cause beyond CATC’s reasonable control. In any such case, the Parties agree to negotiate in good faith with the goal of preserving this Agreement and the respective rights and obligations of the Parties hereunder, to the extent reasonably practicable. 22. No Third Party Beneficiaries No Participant, and no other person or entity, is an intended third party beneficiary of this Agreement. 23. Assignment Neither Party shall have the right to assign or transfer its obligations under this Agreement, voluntarily or by operation of law, without first obtaining the written consent of the other Party, and any attempted assignment or transfer in the absence of such consent shall be void and of no effect. Attachment number 1 \nPage 14 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 15 of 42 24. Succession Subject to the other terms of this Agreement, this Agreement will inure to the benefit of, and be binding on, each Party’s permitted successors and assigns. 25. Captions All Section captions are for reference only and will not be considered in interpreting this Agreement. 26. Severability If any provision of this Agreement should be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect as if the invalid or unenforceable portion had never been written, and the remainder of this Agreement will continue to be effective, valid and enforceable. 27. Appropriations Clause The City, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 28. Further Actions Each of the Parties agrees to execute and deliver such further instruments and actions as may be reasonably required or useful to carry out the intent and purpose of this Agreement and as are not inconsistent with the terms hereof. In addition, the Parties agree to cooperate with one another in the fulfillment of their respective obligations under this Agreement. 29. Local, State, and Federal Laws Neither Party shall take any action, in furtherance of this Agreement, which is illegal under any federal, state, county and local rules, including without limitation, all statutes, laws, ordinances, regulations and codes (hereinafter “Laws”). Both Parties shall comply with all applicable Laws. Should either Party be found to have violated any Laws in furtherance of this agreement, it shall not be entitled to any costs or compensation. 30. Governing Law This Agreement and all transactions and any other agreements which may be entered into between the Signatory Parties at all times whether during the Term or subsequent to termination of the Term shall be construed and governed by the laws of the State of Florida without consideration of or giving effect to any choice of law provision or rule thereof. Attachment number 1 \nPage 15 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 16 of 42 31. Amendments This Agreement may be amended only in writing signed by each of the parties. The only persons who have the authority to amend this Agreement on behalf of CATC are its Chief Executive Officer and President. 32. Entire Agreement This document is intended by the parties as the final and binding expression of their agreement and is a complete and exclusive statement of the terms thereof and supersedes all prior negotiations, representations, and agreements. Moreover, no representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. IN WITNESS WHEREOF, the Parties have signed this On-Site Employee Health Center Service Agreement, and have initialed the Appendices, on the ____ day of ______________, 20___. CATC: CARE ATC, Inc. By: Title: Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 16 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 17 of 42 EXHIBIT A EMPLOYEE HEALTH CENTER LOCATIONS, SCHEDULE AND IMPLEMENTATION Type of Employee Health Center: On-Site Name: City of Clearwater Employee Health Center Address: 401 Corbett Street, Ste. 240 City, State, Zip: Clearwater, Florida 33756 Schedule: 7:00 a.m. – 5:00 p.m., Monday through Friday, Holidays excluded Observed Holidays: New Years Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day Attachment number 1 \nPage 17 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 18 of 42 EXHIBIT B CATC AND EMPLOYEE HEALTH CENTER FEES 1. Clearwater agrees if Employee Health Center is an on-site facility to pay for all initial setup expenses, including but not limited to equipment, supplies, pharmaceutical, and initial inventory. 2. CATC shall invoice Clearwater for the cost of all service related expenses on a monthly basis. In addition, CATC may submit interim invoices for purchases, with prior approval from Clearwater, of equipment or supplies exceeding $20,000 in cost. 3. Clearwater will pay all fees described in this Exhibit in accordance with the Florida Prompt Payment Act. If Clearwater disagrees with any CATC invoice, Clearwater shall pay all undisputed invoiced amounts, notify CATC of the disputed amount and the reasons for which it is disputed, and CATC will segregate such disputed amounts from undisputed amounts until the matter is resolved. 4. Fees Payable by Clearwater: a. CATC Administration Fee: $25,275 per month The Monthly Fee shall cover the following: CATC Corporate Support Accounting Chief Medical Officer Chief Operating Officer Facilities Management Human Resources Contract Administration Implementation Team IT Support Marketing Team Materials\Purchasing Team Partnership Relations Manager Patient Access Call Center Physician & Staffing Recruiter Reporting-Weekly, Monthly, Quarterly, and Annual Quality Management and Credentialing RN Employee Health Center Operations Manager b. Payment for Equipment and Supplies: Clearwater agrees to pay CATC for equipment and supplies on a pass-through basis. CATC agrees to purchase the equipment and supplies, using reasonable efforts to secure bulk discounts in pricing. CATC will invoice Clearwater for CATC’s actual cost to purchase the equipment and supplies. c. Payment for disposal of medical waste. CATC agrees to use reasonable efforts to secure competitive pricing and to invoice Clearwater for the actual cost of the service. Attachment number 1 \nPage 18 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 19 of 42 d. Payment for Pharmaceutical Drugs, Laboratory Testing, Licenses and Permits. CATC agrees to purchase the supplies and services, using reasonable efforts to secure bulk discounts in pricing, and to invoice Clearwater for CATC’s actual cost to purchase the supplies and services. e. Electronic Medical Records (EMR) Expenses: (i) Monthly maintenance fee: $250.00 (ii) Monthly license fee: 2.5 physicians @ $173.00 ea. = $432.50 (iii) Fax Line Gateway Service Fee: $40.00 per month (includes 500 faxes or 1,000 pages, whichever is reached first, plus $.04 per page for any overage) (iv) EMR training to be provided to Employee Health Center staff, and invoiced by CATC to Clearwater on a pass-thru basis. (v) Travel costs as approved by Clearwater for Employee Health Center staff to attend EMR Training f. Payment for Health Professionals: (i) Doctor: 2 full-time salaried at a rate not to exceed $19,500 per month 1 part-time salaried at a rate not to exceed $9,750 per month In addition to the above salaried amounts, the doctors will be paid at the equivalent hourly rate of pay for any hours that they work in the place of another Employee Health Center doctor who is absent. (ii) Licensed Practical Nurse: 1 full-time hourly at a rate not to exceed $21.00 per hour (iii) Medical Assistant: 3 full-time hourly at a rate not to exceed $18.00 per hour (iv) In addition to salary, the following employee benefit costs will be invoiced by CATC and passed through to Clearwater monthly: Social Security taxes, Medicare taxes, Federal and State Unemployment taxes, Workers Compensation, and health insurance. Short Term disability will be invoiced separately by CATC and passed through to Clearwater as incurred at a rate of $350.00 per week. (v.) All hourly staff will be paid overtime at the rate of one and one-half times the hourly rate for all hours worked in excess of 40 hours per week. (vi.) If staff is hired and execution date is not met, Clearwater will be responsible for payroll effective the hire date of staff. Attachment number 1 \nPage 19 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 20 of 42 (vii) If staff is absent for Paid Time Off (PTO), or in the temporary absence of staff when agreed upon by the Parties, Clearwater will pay the following rates for substitute staffing: · Physician: $140.00 per hour · Licensed Practical Nurse: $95.00 · Medical Assistant: $25.00 · Mileage for travel by substitute staff will be invoiced by CATC in accordance with the Business Mileage Rate established by the Internal Revenue Service and will be paid by Clearwater as a passed through cost. (viii) Pay rates may not exceed the amounts indicated above except upon the prior mutual agreement of the parties. g. Personal Health Assessments (PHA) for each participating adult at $70.00 per Participant one time per year or as otherwise authorized by Clearwater, and a dedicated PHA Team to provide PHA related services as agreed upon by the Parties. Includes hardcopy PHA Booklet and online access to CATC website for Participant. (i) Travel Costs for annual PHA event: Clearwater agrees to pay CATC for all Travel Costs for CATC staff as approved by Clearwater on a pass-through basis to provide onsite PHA related services. (ii) Travel costs shall include car rental, airfare, baggage fees, hotel (double occupancy, per diem per PHA team member per current IRS per diem rates at time of travel, gas, parking, tolls, mileage at IRS Business Mileage Rate. (iii) Whenever possible, CATC shall coordinate team travel for Clearwater Personal Health Assessments to be performed at the same time as other CATC clients in the area. If PHA services are provided to Clearwater in conjunction with other area clients, CATC shall invoice Clearwater only for a prorated share of travel expenses. The prorated amount for airfare shall be divided equally between Clearwater and other area clients. All other travel expenses will be prorated based on the actual number of days Personal Health Assessments are provided for each area client. Attachment number 1 \nPage 20 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 21 of 42 EXHIBIT C TYPICAL EMPLOYEE HEALTH CENTER EQUIPMENT AND SUPPLIES Equipment and supplies that are commonly needed to provide Covered Services are described in this Exhibit. Other equipment and supplies may be required by the Physician to deliver Covered Services in accordance with the Agreement. Clearwater agrees to pay for such equipment and supplies as invoiced by CareATC. The prescription formulary may be modified at any time by the Parties’ mutual agreement. A list of such medications, equipment and supplies that may be provided include, but are not limited to, the following: Medications/Injectables ACYCLOVIR 200MG CAP KETOROLAC 60MG ACYCLOVIR 400MG TAB LEVOTHYROXINE 50MCG, 100MCG, 150MCG ALBUTEROL .083% SOL LIDOCAINE 1% ADACEL TDAP VACCINE LISINOPRIL 10MG, 20MG, 40MG TAB AMLODIPINE 5MG, 10MG LOSARTAN 50MG, 100MG TAB AMOXICILLIN 250MG SUSP, 500MG CAPS, 250MG CHEW LOVASTATIN 40MG TAB MARCAINE .5% ASPIRIN 81MG CHW TAB MELOXICAM 7.5MG TAB AZITHROMYCIN TABS 250MG METFORMIN 500MG, 1000MG TABS BUPROPION ER 150MG METRONIDAZOLE 500 MG TABS CARVEDILOL 12.5MG TABS MUPIROCIN 2% CEFTRIAXONE 1GM NAPROXEN 500MG TABS CEPHALEXIN 500MG CAPS NEOMYC/POLY/HC OTIC SOL 10ML CIPROFLOXACIN 500MG NITROSTAT .4MG TABS CYANOCOBALAMIN 1000MCG OFLOXACIN .3% CYCLOBENZAPRINE 10MG OMEPRAZOLE 20MG CAPS DEBROX DRP ONDANSETRON ODT 8 MG DEXAMETH 4MG/ML PAROXENTINE 20MG TABS DIPHENHYD 25MG, 50MG PREDNISONE 10MG TABS DOXYCYCLINE 100MG PROMETHAZINE 25MG EPINEPHRINE PROPARACAINE EYE DRP .5% FEXOFENADINE180MG RAMIPRIL 5MG, 10MG CAPS FISH OIL 1000MG CAP SERTRALINE 50MG, 100MG FLUTICASONE SILVER NITRATE FLUOXETINE 20MG CAP SILVER SULFADIAZ 1% FLUCONAZOLE 150MG SIMVASTATIN 20MG, 40MG TABS GEMFIBRIZOL 600MG TAB SULFACETAMIDE 10% GLIPIZIDE 5MG TAB, 10MG SULFAMETH/TRI800/160MG HYDROCHLORATRIAZIDE 25MG TRIPLE ANTIOINMENT IBUPROFEN 800MG TABS VENTOLIN HFA 90MCG KENALOG 40MG Attachment number 1 \nPage 21 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 22 of 42 Testing Supplies Aplisol, Glucose strips, Multi Stix, Occult Blood Test, Pregnancy HCG Tests, Strep A Signfy. Medical Supplies Isopropyl alcohol, applicators, bandages, basinemisis, betadine solution, paper cutters, cold packs, cotton balls, gauze, exam gloves, exam gowns, histofreezer, hydrogen peroxide, IV set, laceration tray, lancet, mediwash eye wash, adult mouthpiece, needles, pillow with vinyl cover, prescription pads, probe covers, swabsticks, sanitizer, scalpels, scissors, sharps collectors, sodium chloride, specula kleen, sponge gauze, suture removal tray, syringe, table paper, clear tape, facial tissue, adult tongue blade, embossed towels, vials. Medical Equipment Blood pressure unit, exam table with stirrups and storage, paper holder, Snellen eye chart, diagnostic set halogen macro, glucometer elite system, Taylor percussion hammer, unlabeled sundry jars, exam light with floor stand, full range peak flow meter, scale, stethoscope, Thermopro (ear thermometer). Office Furniture and Equipment CATC recommends two (2) drawer lockable file cabinet, chairs, computer desk, Dymo label writer, lockable storage cabinet, printer, fax, copier, refrigerator, trash cans. Final selection will be determined on completion and approval of site plan by Clearwater Office Supplies Hole punch, clipboards, copy paper, file folders and labels, file guide (A-Z), highlighters, pens, sanitizing wipes, paper clips, post-it notes, scissors, stapler, staples, staple remover, tape, tape dispenser, and trash bags. Attachment number 1 \nPage 22 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 23 of 42 EXHIBIT D MINIMUM CRITERIA FOR EMPLOYEE HEALTH CENTER FACILITIES The Employee Health Center facilities must satisfy the following minimum criteria: 1. Exclusive use for the Employee Health Center. 2. Non-smoking. 3. Weapon free except in accordance with applicable law or in the case the patient(s) is required to carry a weapon as part of their job. Weapons will be required to be stored in a locked storage in the exam room during the full time patient is being treated. 4. OSHA and Medical Facilities Standards: Comply with federal regulations. 5. ADA compliant. 6. Soundproofed walls, floors, ceilings, to the extent possible. 7. Solid doors. 8. Privacy windows (or no windows). 9. Floor coverings: non-porous flooring that can be disinfected and cleaned on a daily basis for all exam, lab, and working portions of the Employee Health Center. VCT tiling is recommended. 10. Walls: Full height, opaque, with semi-gloss paint or similar covering that may be readily wiped down without removing color. 11. Ventilation: The ventilation system will be separate from any smoking or industrial ventilation. 12. Access: Such that the Employee Health Center may be locked securely and separately from the main facility. 13. Signage: Clearwater will allow CATC to affix CATC’s standard sign by the entry. 14. The following size and design minimum criteria: a. Examination/Treatment Rooms: Two (2) per on-duty physician; minimum one hundred twenty (120) square feet each. Each room will have two (2) electrical outlets, hot and cold running water, Internet and phone cabling, and a secure lockable storage cabinet approved by CATC. b. Health Professional Office: one (1); minimum seventy-five (75) square feet. c. Reception: minimum eighty (80) square feet. Attachment number 1 \nPage 23 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 24 of 42 d. Storage: minimum forty (40) square feet of general storage and supply storage, with shelves. e. Rest Rooms: one (1), unisex; internal location within the Employee Health Center space. f. Sufficient parking for Health Professionals and Patients: minimum two (2) spaces that satisfy ADA criteria and that are located within the appropriate distance of the front door. g. Laboratory: Will have two (2) electrical outlets, hot and cold running water, and secure lockable cabinetry approved by CATC. Attachment number 1 \nPage 24 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 25 of 42 EXHIBIT E EMPLOYEE HEALTH CENTER MINIMUM TECHNICAL SPECIFICATIONS 1. Communication Requirements Wired for high-speed Internet, wire-based telephone, wire-based fax, and other communications. If Clearwater provides PBX, router, or other services, Clearwater will provide all modems, telephone handsets, and other systems that may be needed to use or interface with the communication system. The Employee Health Center’s phone, fax, and internet communications must not be susceptible to eavesdropping, access, recording, copying or retrieval by Clearwater or Clearwater contractors or Affiliates. The communication system must satisfy the following minimum criteria: a. Phone (i) one (1) main line (ii) one (1) second line accessed by rotary hunt b. Fax (i) one (1) dedicated fax line c. Internet (i) 5mbps Downstream or better (ii) 2mbps Upstream or better (iii)Static IP Address 2. PC Requirements a. Processor – 2GHZ or better b. Ram – 2GB or better c. CD-Rom Drive d. At Least 4 USB ports e. Keyboard and Optical Mouse f. 2007 or later Microsoft Office (Word, Excel, PowerPoint) g. PDF reading software (Adobe, Foxit, etc.) h. Major Antivirus Software i. Windows 7 Pro or later Windows Professional based operating system 3. Monitor Requirements a. Flat Panel b. 17” or larger Attachment number 1 \nPage 25 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 26 of 42 4. Printer and Scanner Requirements a. Must have dual tray Laser B&W all-in-one printer (scanner, fax, copier) that supports PCL5 or higher, or one single tray all-in-one printer and another regular B&W printer (extra printer/tray is for prescription medication label paper). b. Must have a scanner that supports Twain v1.2 Compatible drivers. Recommended Models: Fujitsu fi-6130/z or fi-6230/z, Panasonic KVS10xxx, Xerox document 152. c. Dymo 400 label writer printer. 5. Networking and Devices a. Business class SPI firewall with IPsec VPN support. Recommended: Sonicwall TZ100. b. Employee Health Center must be built out with CAT5e or better network drops in areas where networked devices are necessary. c. Optional business class Wireless N access point. Recommended: Ubiquiti Unifi AP Pro. d. Employee Health Center network must be segmented from other networks and behind its own firewall in order to comply with HIPAA guidelines. e. Please contact Dustin Fry, CareATC Systems Administrator with any questions at 918- 779-7450 6. Any hardware, software, and communications/data network or systems requirements not specifically articulated in this Agreement shall be added only upon the prior mutual agreement of both parties. Attachment number 1 \nPage 26 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 27 of 42 EXHIBIT F INSURANCE AND LIABILITY 1. CATC: CATC agrees to obtain and maintain the following types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then such coverage may be obtained on a claims-made basis with a minimum three (3) year “tail” following the termination or expiration of this Agreement: a. General Liability - $1,000,000.00 / $3,000,000.00 of Comprehensive General Liability insurance including independent contractors, contractual liability, personal liability, and broad-form property damage endorsements, naming Clearwater an Additional Insured on all coverages. b. Automobile, Non-Owned Automobile and Hired Auto Liability - $1,000,000.00 combined single limit for any owned, non-owned, hired or borrowed automobile, naming Clearwater as an Additional Insured. c. Worker’s Compensation – Statutory in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease, and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability - $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate with an insurance company on behalf of any Health Professionals employed at the Employee Health Center. Physician shall acquire and maintain personal professional liability insurance and shall notify CATC of any issues which might provide reason for, or require, alteration or termination of such insurance coverage. e. Property – If CATC is using its own property or the property of Clearwater in connection with the performance of its obligations under this Agreement, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody, and control of others is required. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), CATC will furnish Clearwater with Certificate(s) of Insurance evidencing the coverages set forth above. CATC shall provide thirty (30) days written notice to Clearwater of any cancellation, non-renewal, termination, material change, or reduction in such coverage. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to Clearwater, and failure to request evidence of such insurance shall not be construed as a waiver of CATC’s obligation to provide for the insurance coverage specified. 2. Clearwater. Clearwater agrees to obtain and maintain the following types of insurance: a. General Liability - $1,000,000.00 / $3,000,000.00 of Comprehensive General Liability insurance including premises, independent contractors, contractual liability, personal injury, and broad form property damage endorsements. Attachment number 1 \nPage 27 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 28 of 42 b. Automobile, Non-Owned Automobile, and Hired Auto Liability - $1,000,000 combined single limit for any owned, non-owned, hired or borrowed automobile. c. Worker’s Compensation – Statutory in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease, and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), Clearwater will furnish CATC with a letter evidencing Clearwater’s self-insured and excess coverages set forth above. Clearwater shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change, or reduction in such coverage. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to CATC, and failure to request evidence of such insurance shall not be construed as a waiver of Clearwater’s obligation to provide the insurance coverage specified. Attachment number 1 \nPage 28 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 29 of 42 EXHIBIT G NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION This Notice describes how information about you may be used and disclosed and how you can gain access to this information. Please review it carefully. Care ATC® is committed to protecting the confidentiality and security of our records containing information about you. Typically, this record may contain your symptoms, examination and test results, diagnoses, treatment, a plan for your future care or treatment, and/or prescription-filling and billing-related information. Such records are necessary for the healthcare provider to provide you with quality care and to comply with certain legal requirements. This notice applies to all records of your care created or received by Care ATC®. 1. Care ATC® may use and disclose protected health information for treatment, payment and health care operations. Treatment examples include, but are not limited to, requested preschool, life insurance or sports physicals; referral to nursing homes or foster care homes; disease management companies; information obtained by a pharmacist to dispense your prescriptions; home health agencies; and /or referral to other providers for treatment. Payment examples include, but are not limited to, collection agencies and insurance companies for claims including coordination of benefits with other insurers, and for prescription benefits. Health care operations examples include, but are not limited to, internal quality control and assurance, including auditing of clinic and pharmacy records, and government and licensure audits. 2. Care ATC® is permitted or required to use or disclose protected health information without the individual’s written authorization in certain circumstances. These examples include, but are not limited to, public health requirements, Food and Drug Administration (FDA), medical examiners, coroners, funeral directors, and/or court orders. 3. Care ATC® provides services through business associates contracts, for which we may disclose protected health information about you so that they may perform the job that we have asked them to do. We require the business associate to appropriately safeguard your protected health information through a Business Associate Agreement with Care ATC®. Examples include utilization review organizations, case managers, software vendors, some insurers, and drug wholesalers. 4. Care ATC® may release protected health information about you for worker’s compensation or similar programs. 5. Care ATC® may release health information about you to a correctional institution or a law enforcement official if you are an inmate of a correctional institution or under the custody of a law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution. Attachment number 1 \nPage 29 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 30 of 42 6. Care ATC® may at times contact the patient to provide appointment and pharmacy refill reminders, information regarding treatment alternatives, and/or other health-related benefits and services that may be of interest to the individual patient. 7. Care ATC® may release protected health information about you to a friend or family member to the extent necessary to help with your health care or with payment for your health care. Individuals requesting information on a patient, other than themselves, will be required to provide authorization from the patient in advance in order for Care ATC® to release the information. You may request a form to list specific people who we may speak to regarding your medical or pharmacy information. In addition, we may disclose protected health information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location. 8. Care ATC® will not make any other use or disclosure of a patient’s protected health information without the individual’s written authorization. Such authorization may be revoked at any time. Revocation must be in writing. 9. Care ATC® will abide by the terms of this notice or the notice currently in effect at the time of the disclosure. 10. Care ATC® reserves the right to change the terms of this notice and to make the revised or changed notice effective for health information we already have about you as well as any information we receive in the future. Care ATC® will make available a copy of any revisions to the Notice of Privacy Practices. 11. Any person/patient may file a complaint to Care ATC® or to the Department of Health and Human Services, Office of Civil Rights, if they believe their privacy rights have been violated. To file a complaint with Care ATC® please contact the Privacy Officer at the following address: Care ATC® 4500 S. 129th E. Ave., Suite 191 Tulsa, OK 74134. A complaint may also be filed by calling 800-993-8244. All complaints will be addressed and the results will be reported to the patient and the appropriate Care ATC® personnel. 12. It is the policy of Care ATC® that no retaliatory action will be made against any individual who submits or conveys a complaint of suspected or actual non-compliance of the privacy standards. 13. For further information about his notice you may contact Care ATC® Privacy Officer at 800- 993-8244. Attachment number 1 \nPage 30 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 31 of 42 EXHIBIT H Patients have been granted individual rights under the HIPAA Legislation. These include the following: 1. You have the right to inspect and/or request a copy of your protected health information that may be used to make decisions about your care. To inspect and/or request a copy of your protected health information, you must submit your request in writing to the Care ATC® Privacy Officer. If you request a copy of the information, we may charge a fee for the costs of copying (including labor), mailing or other supplies associated with your request. We may deny your request to inspect and/or copy in certain very limited circumstances. If you are denied access to protected health information, you may request that the denial be reviewed. 2. If you feel that protected health information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is maintained by Care ATC®. To request an amendment, your request must be made in writing and submitted to the Care ATC® Privacy Officer. You must provide a reason that supports your request and we may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that was not created by us (unless the person or entity that created the information is no longer available to make the amendment), is not part of the protected health information kept by or for our practice, is not part of the information that you would be permitted to inspect or copy, or is accurate and complete. 3. You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of protected health information about you that were not made for treatment, payment, and/or health care operations. There are certain exceptions to this right. To request this list or accounting of disclosures, you must submit your request in writing to the Care ATC® Privacy Officer. Your request must state a time period, which may not be longer than six (6) years and may not include dates before January 1, 2002. You may request that we provide copies in a format other than photocopies. We will use the format you request unless we cannot practicably do so. The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the lists. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. The accounting must be provided to you no later than 60 days after the receipts of your request, unless we utilize a 30-day extension period. 4. You have the right to request a restriction or limitation on the protected health information we use or disclose about you for treatment, payment or health care operations, as well as the protected health information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment. To request restrictions, you must make you request in writing to the Care ATC® Privacy Officer. In your request you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply, for example, disclosure to your spouse. Either you or we may terminate the restriction upon notification of the other. Attachment number 1 \nPage 31 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 32 of 42 5. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you may ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the Care ATC® Privacy Officer. We will not ask you the reason for your request. We will accommodate all requests we deem reasonable. Your request must specify how or where you wish to be contacted. 6. You have the right to a paper copy of the current Notice of Privacy Practices. You may ask us to give you a copy of this notice at any time. 7. You will be asked to sign an acknowledgement of receipt of this Notice of Privacy Practices. If you have any questions regarding this Notice of Privacy Practices, please do not hesitate to contact the Care ATC® Privacy Officer for more information or clarification. Attachment number 1 \nPage 32 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 33 of 42 EXHIBIT I BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (“Agreement”) by and between Clearwater (“Covered Entity”) and CareATC (“Business Associate”), is entered into on this 1st day of October, 2013 (“Effective Date”), for the purposes of complying with the privacy and security regulations issued by the United States Department of Health and Human Services (“HHS”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the security provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”). Covered Entity and Business Associate are collectively referred to as the “Parties.” WITNESSETH WHEREAS, Covered Entity is a covered entity as such term is defined under HIPAA and as such is required to comply with the requirements thereof regarding the confidentiality and privacy of Protected Health Information; and WHEREAS, Business Associate has entered or may enter into an agreement with Covered Entity (“Service Agreement”) pursuant to which Business Associate will render services to, for or on behalf of Covered Entity; and WHEREAS, by providing the services according to the Service Agreement, Business Associate shall become a business associate of Covered Entity as such term is defined at 45 CFR § 160.103; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Parties hereto agree as follows: I. Definitions. For the purposes of this Agreement, the following capitalized terms shall have the meanings ascribed to them below: A. “Designated Record Set” or “DRS” shall have the meaning given to such term under the Privacy Rule, including, but not limited to, 45 CFR § 164.501.B. “Information” shall mean any “health information” as defined in 45 CFR § 160.103. B. “Electronic PHI” shall have the meaning found in the Security Rule, 45 C.F.R. § 160.103. C. “Individual” shall have the meaning given to such term under the Privacy Rule, including, but not limited to, 45 CFR §§ 164.501 and 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). D. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. E. “Protected Health Information” shall have the meaning ascribed to this term in 45 CFR §§ 164.501 and 160.103, and is the information created or received by Business Associate from or on behalf of Covered Entity. F. “Required by Law” shall have the meaning ascribed to this term in 45 CFR §§ 164.501 and 160.103. Attachment number 1 \nPage 33 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 34 of 42 G. “Secretary” shall have the meaning ascribed to this term in 45 CFR § 160.103. H. “Security Rule” shall mean the Security Standards for the Protection of Electronic Health Information at 45 CFR Part 160 and Part 164, Subparts A and C. II. Confidentiality and HIPAA. The Parties shall comply with all federal and state laws governing the confidentiality and privacy of health information including, without limitation, the Privacy Standards promulgated pursuant to HIPAA. A. Obligations of Business Associate i. Use and Disclosure of Protected Health Information Business Associate warrants that Business Associate, its directors, officers, subcontractors, employees, affiliates, agents, and representatives: (a) shall use or disclose Protected Health Information only in connection with fulfilling its duties and obligations under this Agreement and the Service Agreement; (b) shall not use or disclose Protected Health Information other than as permitted or required by this Agreement or required by law; and (c) shall not use or disclose Protected Health Information in any manner that violates applicable laws or would violate such laws if used or disclosed in such manner by Covered Entity. Business Associate shall provide adequate training to its employees and subcontractors to ensure compliance with this Section. Subject to the restrictions set forth in the previous paragraph and throughout this Agreement, Business Associate may use the information received from Covered Entity if necessary for (a) the proper management and administration of Business Associate; or (b) to carry out the legal responsibilities of Business Associate. Business Associate acknowledges that, as between Business Associate and Covered Entity, all Protected Health Information shall be and remain the sole property of Business Associate, including any and all forms thereof developed by Business Associate in the course of its fulfillment of its obligations pursuant to the Agreement and Service Agreement. Business Associate further represents that, to the extent Business Associate requests that Covered Entity disclose Protected Health Information to Business Associate, such request will be only for the minimum necessary Protected Health Information for the accomplishment of the Business Associate’s purpose. ii. Availability of Books and Records Business Associate shall permit Covered Entity and Secretary and other regulatory and accreditation authorities to audit Business Associate’s internal practices, books and records at reasonable times as they pertain to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity in order to ensure that Covered Entity and Business Associate are in compliance with the requirements of the Privacy Rule. Attachment number 1 \nPage 34 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 35 of 42 iii. Access of Individuals to Information In order to allow Covered Entity to respond to a request by an Individual for access pursuant to 45 CFR § 164.524, Business Associate, within five (5) business days of a written request by Covered Entity for access to Protected Health Information about an Individual contained in a DRS, shall make available to Covered Entity such Protected Health Information for so long as such information is maintained in the DRS. In the event any Individual requests access to Protected Health Information directly from Business Associate, Business Associate shall forward such request to Covered Entity within two (2) business days. Before forwarding any Protected Health Information to Covered Entity, Business Associate shall indicate in the DRS, any material it deems unavailable to the Individual pursuant to 45 CFR § 164.524. Any denial of access to Protected Health Information determined by Covered Entity pursuant to 45 CFR § 164.524, and conveyed to Business Associate by Covered Entity, shall be the responsibility of Covered Entity, including resolution or reporting of all appeals and/or complaints arising from denials. Business Associate shall support Covered Entity in a manner that enables Covered Entity to meet its obligations under 45 CFR § 164.524. iv. Amendment of Information In order to allow Covered Entity to respond to a request by an Individual for an amendment pursuant to 45 CFR § 164.526, Business Associate shall, within five (5) business days of a written request by Covered Entity for amendment to Protected Health Information about an Individual contained in a DRS, make available to Covered Entity such Protected Health Information for so long as such information is maintained in the DRS. In the event any Individual requests amendment of Protected Health Information directly from Business Associate, Business Associate shall forward such request to Covered Entity within two (2) business days. Before forwarding any Protected Health Information to Covered Entity, Business Associate shall indicate in the Designated Record Set, any material it deems unavailable to the Individual pursuant to 45 CFR § 164.526. Any denial of amendment to Protected Health Information determined by Covered Entity pursuant to 45 CFR § 164.526, and conveyed to Business Associate by Covered Entity, shall be the responsibility of Covered Entity, including resolution or reporting of all appeals and/or complaints arising from denials. Business Associate shall support Covered Entity in a manner that enables Covered Entity to meet its obligations under 45 CFR § 164.524. Attachment number 1 \nPage 35 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 36 of 42 Within ten (10) business days of receipt of a request from Covered Entity to amend an Individual’s Protected Health Information in the Designated Record Set, Business Associate shall incorporate any approved amendments, statements of disagreement, and/or rebuttals into its Designated Record Set as required by 45 CFR § 164.526. v. Accounting of Disclosures In order to allow Covered Entity to respond to a request by an Individual for an accounting pursuant to 45 CFR § 164.528, Business Associate shall, within five (5) business days of a written request by Covered Entity for an accounting of disclosures of Protected Health Information about an Individual, make available to Covered Entity such Protected Health Information. At a minimum, Business Associate shall provide Covered Entity with the following information; (a) the date of the disclosure; (b) the name of the entity or person who received the Protected Health Information, and if known, the address of such entity or person; (c) a brief description of the Protected Health Information disclosed; and (d) a brief statement of the purpose of such disclosure. In the event any Individual requests an accounting of disclosure of Protected Health Information directly from Business Associate, Business Associate shall forward such request to Covered Entity within two (2) business days. Business Associate shall implement an appropriate recordkeeping process to enable it to comply with the requirements of the current disposition. Business Associate shall support Covered Entity in a manner that enables Covered Entity to meet its obligations under 45 CFR § 164.528. vi. Survival The provisions of this Section shall survive the termination of this Agreement. B. Obligations of Covered Entity Covered Entity warrants that Covered Entity, its directors, officers, subcontractors, employees, affiliates, agents, and representatives (a) shall comply with the Privacy Rule in its use or disclosure of Protected Health Information; (b) shall not use or disclose Protected Health Information in any manner that violates applicable federal and state laws; (c) shall not request Business Associate to use or disclose Protected Health Information in any manner that violates applicable federal and state laws; and (d) may request Business Associate to disclose Protected Health Information directly to another party only for the purposes allowed by the Privacy Rule. The provisions of this Section shall survive the termination of this Agreement. Attachment number 1 \nPage 36 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 37 of 42 III. Disclosure to Third Parties. Business Associate shall obtain and maintain an agreement with each director, officer, subcontractor, employee, affiliate, agent, and representative that has or will have access to Protected Health Information, which is received from, or created or received by, Business Associate on behalf of Covered Entity, pursuant to which agreement such director, officer, subcontractor, employee, affiliate, agent, and representative agrees to be bound by the same restrictions, terms, and conditions that apply to Business Associate pursuant to the Agreement with respect to such Protected Health Information. Business Associate shall also (a) obtain reasonable assurances from the person to whom the Protected Health Information is disclosed that it will be held confidentially and used or further disclosed only as Required by Law or for the purpose for which it was disclosed and (b) obligate such person to notify Business Associate of any instances of which it is aware in which the confidentiality of the Protected Health Information has been breached. IV. Safeguards. Business Associate shall employ appropriate administrative, technical and physical safeguards, consistent with the size and complexity of Business Associate’s operations, to protect the confidentiality of Protected Health Information and to prevent the use or disclosure of Protected Health Information in any manner inconsistent with the terms of this Agreement. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the Electronic Protected Health Information that it creates, receives, maintains or transmits on behalf of Covered Entity. Business Associate covenants that as of February 17, 2010, such safeguards shall include, without limitation, implementing written policies and procedures in compliance with HIPAA and ARRA, conducting a security risk assessment, and training Business Associate employees who will have access to Protected Health Information with respect to the policies and procedures required by HIPAA and ARRA. Business Associate shall provide Covered Entity with a copy of its written information security program upon request. Upon reasonable notice and during normal business hours, Covered Entity shall have the right to audit Business Associate’s compliance with its security program and the terms of this Agreement. Business Associate shall cooperate in such audits and shall provide copies of any documents reasonably requested by Covered Entity at no charge. V. Reporting of Breaches, Improper Disclosures, and Security Incidents A. Breaches In the event of a Breach (as hereinafter defined) of any Unsecured (as hereinafter defined) Protected Health Information that Business Associate accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds or uses on behalf of Covered Entity, Business Associate shall report such Breach to Covered Entity immediately, but in no event more than ten (10) days after discovering the Breach. Attachment number 1 \nPage 37 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 38 of 42 “Breach” shall mean the unauthorized acquisition, access, use, or disclosure of Protected Health Information which compromises the security or privacy of such information. “Unsecured” shall mean Protected Health Information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary from time to time. Notice of a Breach shall include, at a minimum: (a) the identification of each individual whose Protected Health Information has been, or is reasonably believed to have been, accessed, acquired, or disclosed during the Breach, (b) the date of the Breach, if known, (c) the scope of the Breach, and (d) a description of the Business Associate’s response to the Breach. In the event of a Breach, Business Associate shall, in consultation with Covered Entity, mitigate, to the extent practicable, any harmful effect of such Breach that is known to Business Associate. B. Improper Disclosures Business Associate shall track all disclosures of Protected Health Information to third parties, including those made to Business Associate’s directors, officers, subcontractors, employees, affiliates, agents, and representatives, other than those disclosures that meet the exception criteria of 45 CFR § 164.528. Business Associate shall report to Covered Entity any unauthorized or improper use or disclosure of any Protected Health Information regarding the terms and conditions of this Agreement or applicable federal and state laws as soon as practicable, but in no event later than ten (10) business days after the date on which Business Associate becomes aware of such use or disclosure. In the event of a Breach, Business Associate shall, in consultation with Covered Entity, mitigate, to the extent practicable, any harmful effect of such Breach that is known to Business Associate. C. Security Incidents Business Associate shall report to Covered Entity any security incident (as defined in 45 CFR § 164.304) of which it becomes aware within five (5) business days. VI. Term and Termination. A. General Term and Termination This Agreement shall become effective on the Effective Date set forth above and shall terminate upon the termination or expiration of the Service Agreement and when all Protected Health Information provided by either party to the other, or created or received by Business Associate on behalf of Covered Entity is, in accordance with Section VII below, destroyed or returned to Covered Entity or, if it is not feasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the terms of this Agreement. B. Material Breach Where Covered Entity has knowledge of a material breach by Business Associate, and cure is possible, Covered Entity shall provide Business Associate with an opportunity to cure. Where said breach is not cured within ten (10) business days of Business Associate’s receipt of notice from Covered Entity of said breach, Covered Entity may terminate this Agreement. Attachment number 1 \nPage 38 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 39 of 42 At the expense of Business Associate, Covered Entity shall have the right to cure any breach of Business Associate’s obligations under this Agreement. Covered Entity shall give Business Associate notice of its election to cure any such breach, and Business Associate shall cooperate fully in the efforts by Covered Entity to cure Business Associate’s breach. All requests for payment for such services of Covered Entity shall be paid within thirty (30) business days. In the event that either Party has knowledge of a material breach of this Agreement by the other Party and cure is not possible, the non-breaching Party may terminate the portion of the Service Agreement that is affected by the breach. When neither cure nor termination is feasible, the non-breaching Party shall report the violation to the Secretary. C. Transition Following the termination of the Agreement for any reason, Business Associate agrees to provide transition services for the benefit of Covered Entity. This shall include the continued provisions of its services required under the Agreement until notified by Covered Entity that the alternative provider of services is able to take over the provision of such services, and the transfer of the Protected Health Information and other data held by Business Associate related to its services under the Agreement. D. Equitable Remedies Business Associate acknowledges and agrees that Covered Entity may suffer irreparable damage upon Business Associate’s breach of this Agreement, and that such damages may be difficult to quantify. Business Associate acknowledges and agrees that Covered Entity may file an action for an injunction to enforce the terms of this Agreement against Business Associate, in addition to any other remedy Covered Entity may have. Where Covered Entity has knowledge of any material breach by Business Associate, Covered Entity may take proceedings against Business Associate before any Court having jurisdiction to obtain an injunction or any legal proceedings to cure or stop such material breach, without more notice than is set forth in Section VI.B. of this Agreement. VII. Return/Destruction of Protected Health Information upon Termination. Upon termination of the Agreement for any reason, Business Associate shall: A. If feasible, return or destroy all Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity that Business Associate or any of its directors, officers, subcontractors, employees, affiliates, agents, and representatives still maintain in any form, and Business Associate shall retain no copies of such information; or B. If Covered Entity determines that such return or destruction is not feasible, extend the protections of this Agreement to such information and limit further uses and disclosures to those purposes that make the return or destruction of the Protected Health Information infeasible, in which case Business Associate’s obligations under this Section shall survive the termination of this Agreement. Attachment number 1 \nPage 39 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 40 of 42 VIII. Amendment. If any of the regulations promulgated under HIPAA are amended or interpreted in a manner that renders this Agreement inconsistent therewith, Covered Entity may, on thirty (30) business days written notice to Business Associate, amend this Agreement to the extent necessary to comply with such amendments or interpretations. Business Associate agrees that it will fully comply with all such regulations promulgated under HIPAA, and that it will agree to amend this Agreement to incorporate any material required by such HIPAA regulations. IX. Indemnification and Insurance. A. Business Associate shall indemnify, defend and hold harmless Covered Entity and its directors, officers, subcontractors, employees, affiliates, agents, and representatives from and against any and all third party liabilities, costs, claims, suits, actions, proceedings, demands, losses and liabilities of any kind (including court costs and reasonable attorneys’ fees) brought by a third party, arising from or relating to the acts or omissions of Business Associate or any of its directors, officers, subcontractors, employees, affiliates, agents, and representatives in connection with the Business Associate’s performance under this Agreement or Service Agreement, without regard to any limitation or exclusion of damages provision otherwise set forth in the Agreement. The indemnification provisions of this Section IX shall survive the termination of this Agreement. Notwithstanding the foregoing, this section and all other provisions of this Agreement relating to indemnity and insurance are not intended to, and shall not be construed to, waive Covered Entity’s sovereign immunity, the provisions and the limitations set forth in Section 768.28, Fla. Stat., as amended from time to time, or a consent to be sued by third parties. B. Business Associate shall obtain no later than one (1) month from Effective Date of this Agreement and maintain during the term of this Agreement liability insurance covering claims based on a violation of the Privacy Rule or any applicable law or regulation concerning the privacy of a patient information and claims based on its obligations pursuant to this Section in an amount not less than $ 1,000,000 per claim. Such insurance shall be in the form of occurrence-based coverage and shall name Covered Entity as an additional named insured. A copy of such policy or certificate evidencing the policy shall be provided to Covered Entity upon written notice. X. Conflicting Terms. In the event any terms of this Agreement conflict with any terms of the Service Agreement, the terms of this Agreement shall govern and control. XI. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Attachment number 1 \nPage 40 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 41 of 42 XII. Notices. All notices, requests, approvals, demands and other communications required or permitted to be given under this Agreement shall be in writing and delivered either personally, or by certified mail with postage prepaid and return receipt requested, or by overnight courier to the party to be notified. All communications will be deemed given when received. The addresses of the parties shall be as follows; or as otherwise designated by any party through notice to the other party: If to Business Associate: CareATC, Inc. 4500 S. 129th E. Avenue Suite 191 Tulsa, OK 74134 If to Covered Entity: City of Clearwater Human Resources Department 100 South Myrtle Avenue Clearwater, FL 33756 XIII. Miscellaneous. A. Regulatory References. A reference in this Agreement to a section in the Privacy or Security Rule means the section as in effect or as amended. B. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy and Security Rule. C. No Third Party Beneficiaries. Except as expressly provided for in the Privacy Rule, there are no third party beneficiaries to this Agreement. Business Associate’s obligations under this Agreement are owed to the Covered Entity only. Attachment number 1 \nPage 41 of 42 Item # 33 CareATC, Inc., ______and Partner_____ Page 42 of 42 IN WITNESS WHEREOF, each of the undersigned has duly executed this Agreement on behalf of the party and on the date set forth below. Covered Entity: ____________________ _____________________________________ By: _____________________________ Print: ___________________________ Title: ___________________________ Date: ___________________________ Business Associate: ____________________ _____________________________________ By: _____________________________ Print: ___________________________ Title: ___________________________ Date: ___________________________ Attachment number 1 \nPage 42 of 42 Item # 33 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the renewal of the Memorandum of Agreement between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center by employees, retirees, and their dependents under the City of Dunedin medical plan in a cost- sharing arrangement with Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The current Agreement between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center in a cost-sharing arrangement expires on September 30, 2013. This renewal Agreement would extend the relationship with no changes for a one-year term, after which the Agreement would renew automatically for subsequent one-year periods unless terminated upon ninety days prior written notice by either party. The City of Dunedin has partnered with Clearwater in the use of the Employee Health Center since July 2012. The facility has provided Dunedin a practical alternative to opening its own clinic, offering full-time hours and substantial staffing, and has been received successfully by its employees, averaging close to 100 visits per month (one-third the number of Dunedin employees). Clearwater has benefited as well through the arrangement, generating revenue of more than $170,000 over thirteen months in the form of Dunedin’s share of costs. Under this Agreement, the City of Dunedin will continue to be billed directly for services such as CareATC administration fees, Personal Health Assessments, prescription medications, labs and radiology, and will be invoiced by Clearwater for its share of the cost for medical staff, general medical and office supplies, and the rent, utilities, and maintenance services for the facility. Dunedin will continue to be responsible for 17% of the cost of the shared items based on the respective percentage their number of employees comprises of the total number of employees combined between the two agencies, as well as remitting to Clearwater a monthly fee of $3.00 per eligible employee in consideration for their use of the clinic and Clearwater’s administrative oversight. There is no additional cost to the City resulting from the renewal of this Agreement. The City’s costs for operation of the clinic continue to be accounted for in the annual budget process. Review Approval: Cover Memo Item # 34 Page 1 of 6 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE CITY OF DUNEDIN REGARDING THE CLEARWATER EMPLOYEE HEALTH CENTER THIS MEMORANDUM OF AGREEMENT, made and entered into this day of , 2013, by and between the CITY OF CLEARWATER, a political subdivision of the State of Florida, hereinafter referred to as “CLEARWATER,” and the CITY OF DUNEDIN, a political subdivision of the State of Florida, hereinafter referred to as “DUNEDIN.” WHEREAS, the City of Clearwater and the City of Dunedin have determined to provide certain medical services for participants in their respective group medical plans; and WHEREAS, the City of Clearwater and the City of Dunedin wish to enter into an Agreement allowing for the use of the City of Clearwater Employee Health Center, administered by CareATC, by employees, retirees, and their dependents under the City of Dunedin medical plan; and WHEREAS, the City of Clearwater and the City of Dunedin wish to share in the cost of certain provisions of such medical services and to contract with and pay separately to CareATC for certain other provisions of such medical services; NOW THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties agree as follows: 1. City of Clearwater agrees to allow for the use in accordance with this Agreement of all facilities and services available through the City of Clearwater Employee Health Center by eligible employees of City of Dunedin, and by eligible retirees and medical plan dependents, as determined by City of Dunedin. 2. City of Dunedin agrees to reimburse City of Clearwater for seventeen percent of the ongoing costs of items identified in Exhibit A, which is attached hereto and incorporated herein. The City of Dunedin further agrees to reimburse the City of Clearwater for seventeen percent of the cost for the purchase and ongoing maintenance of any future equipment or facility related items that will be utilized by City of Dunedin participants. 3. City of Clearwater and City of Dunedin agree to review monthly utilization reports provided by CareATC to City of Dunedin and City of Clearwater pursuant to the respective entities’ Agreements with CareATC to determine the overall percentage of usage by each entity on an annual basis beginning one year from the effective date of this Agreement If the review of such utilization reports confirms City of Dunedin’s participant utilization exceeds seventeen percent of the total participant utilization for the annual period, then City of Dunedin shall be required to reimburse City of Clearwater for City of Dunedin’s respective share of the costs of those items identified in Exhibit A in the amount exceeding seventeen percent for the following twelve-month period. In any event, City of Dunedin’s share of the cost of such items identified in Exhibit A shall not be less than seventeen percent of the total cost of the items in accordance with Paragraph 3 above. Attachment number 1 \nPage 1 of 6 Item # 34 Page 2 of 6 4. Utilization for the purpose of determining the shared amount of the cost of the items identified in Exhibit A shall be determined by dividing the number of confirmed appointments attended by each entity’s respective participants in ratio to the total number of confirmed appointments attended by participants of both entities combined. The parties agree to meet and review the distribution of future costs on an annual basis, or more frequently if needed. Examples Total Appointments Available 100 Total Unattended Appointments 18 Total used by Dunedin 12 12/82 = 17% share of cost Total used by Clearwater 70 70/82 = 83% share of cost Total Appointments Available 100 Total Unattended Appointments 10 Total used by Dunedin 20 20/90 = 22% share of cost Total used by Clearwater 70 70/90 = 78% share of cost 5. City of Dunedin agrees to pay City of Clearwater a fee of $3.00 per eligible employee per month in consideration of clinic usage and administrative oversight provided by City of Clearwater. City of Dunedin shall provide City of Clearwater with a total employee count each month and City of Clearwater shall include the amount of the monthly fee in the total reimbursement due City of Clearwater prior to invoicing City of Dunedin for the cost of the shared items as outlined above. City of Dunedin shall remit such reimbursements within thirty (30) days of receipt of City of Clearwater’s invoice for such costs. 6. City of Dunedin agrees it will not enter into any agreement with CareATC that conflicts with this Agreement or with any Agreement between the City of Clearwater and CareATC, or that materially affects the City of Clearwater’s operations, liability, or costs with respect to the Employee Health Center. In the event that any provision in an agreement between the City of Dunedin and CareATC conflicts with this Agreement or with any Agreement between the City of Clearwater and CareATC, or that materially affects the City of Clearwater’s operations, liability, or costs with respect to the Employee Health Center, the provisions of this Agreement or of any Agreement between the City of Clearwater and CareATC shall prevail. 7. City of Clearwater will advise City of Dunedin at least thirty (30) days in advance of any anticipated decisions regarding matters involving purchases or other operational or facility changes that may impact the costs of clinic operations and/or the level of service. City of Dunedin shall be afforded the opportunity to provide input on such matters. However, City of Clearwater shall retain final decision making authority on all matters involving the facility, clinic staffing, operations, services, and expenditures or costs. 8. CareATC, Inc., an Oklahoma corporation which is a signatory party to a separate Agreement with City of Clearwater, dated May 14, 2010 and as may be amended from time to time, acknowledges and approves this Memorandum of Agreement between City of Clearwater and City of Dunedin pertaining to the City of Clearwater Employee Health Center. Attachment number 1 \nPage 2 of 6 Item # 34 Page 3 of 6 9. Clearwater as an entity of government is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this agreement for each and every fiscal year following the fiscal year in which this agreement shall remain in effect. Upon notice as described above that sufficient funds are not available in the subsequent fiscal years, Clearwater shall therefore be released of all terms and other conditions. 10. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party’s officers, employees, contractors and agents related to its performance under this Agreement. Such indemnification shall include reasonable attorney’s fees and costs for all proceedings at the trial and appellate level. This provision does not constitute a waiver of any party’s sovereign immunity under Section 768.28, F.S. or extend any party’s liability beyond the limits established in Section 768.28, F.S 11. None of the provisions of this Agreement or its addenda is intended nor shall be deemed to create any relationship between the parties hereto other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither of the parties hereto nor any of their respective agents and employees shall be contrived to be the agent representative or joint venture of the other. This Agreement is between Clearwater and Dunedin and does not create any third party rights for any other party. 12. This Agreement has been executed and delivered in the State of Florida and shall be construed and enforced in accordance with and governed by the laws of the State of Florida. Any legal action or proceeding relating to this Agreement shall be instituted in a state court in Pinellas County, Florida, or a federal court in Hillsborough County, Florida, and each party hereby submits to the personal jurisdiction of such courts and waives any defense related to venue or forum non conveniens. 13. This Agreement may not be changed, waived, discharged or terminated orally, but only by an instrument in writing, signed by both parties. 14. All covenants, agreements, promises and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto. 15. This Agreement shall commence as of the effective date and shall continue for a term of one (1) year, after which the Agreement shall be renewed automatically for subsequent one (1) year periods unless terminated upon providing ninety (90) days prior written notice to the other party. Either party shall have the right to terminate this Agreement for any reason after providing such notice. Attachment number 1 \nPage 3 of 6 Item # 34 Page 4 of 6 IN WITNESS WHEREOF, the City of Clearwater and the City of Dunedin have executed this Memorandum of Agreement with an effective date of , 2013, by the undersigned: Signed: CITY OF DUNEDIN, FLORIDA ___________________________ By: __________________________ David Eggers Robert DiSpirito Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Thomas Trask Denise Schlegel City Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Acknowledged: CAREATC By: ________________________________ Phillip Kurtz Chief Operating Officer Attachment number 1 \nPage 4 of 6 Item # 34 Page 5 of 6 EXHIBIT A The cost of the following items will be pro-rated to each entity in accordance with the terms of the Memorandum of Agreement: Medical staff costs General medical supplies Mail and shipping Medical waste removal services Internet, telephone, and cable services Custodial services Facility and equipment maintenance Utilities – Water, sewer, electric, and trash removal Building rent and associated building costs Attachment number 1 \nPage 5 of 6 Item # 34 Page 6 of 6 EXHIBIT B The cost of the following items for their respective participant populations will be borne by each entity in accordance with the individual contractual agreement between the entity and CareATC: Administration fees Personal Health Assessments Lab Fees Radiology Fees Flu Vaccinations Pharmaceutical Drugs and other medications dispensed by CareATC Attachment number 1 \nPage 6 of 6 Item # 34 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the Charter and Investment Policy Statement as established by the City Defined Contribution Plan Fiduciary Investment Committee. (consent) SUMMARY: The City Council previously approved the formation of a City Defined Contribution Plan Fiduciary Investment Committee, approved the designated members of the Committee, and authorized the Committee to establish and maintain such administrative documents as are necessary and execute all administrative functions pertaining to same with respect to the City’s401a Money Purchase Pension Plan and 457k Deferred Compensation Plans administered by ICMA and Nationwide. The Committee has established a Charter and Investment Policy Statement to be approved by Council in order to provide guidance in the Committee’s administration of its fiduciary responsibilities with regard to the plans. There is no additional cost to the City associated with this request. Review Approval: Cover Memo Item # 35 1 Fiduciary Investment Committee Charter FIDUCIARY INVESTMENT COMMITTEE CHARTER City of Clearwater Defined Contribution Plans 1. The City of Clearwater Defined Contribution Plans Fiduciary Investment Committee shall be composed of individuals appointed by the Plan Sponsor, the City of Clearwater. The Fiduciary Investment Committee shall act pursuant to authority delegated by the Plan Sponsor subject at all times to the right of the Plan Sponsor to withdraw such delegation and undertake the responsibilities previously delegated to the Fiduciary Investment Committee directly. Committee members shall discharge their duties with respect to the plan solely in the interest of the participants and beneficiaries for the exclusive purpose of providing benefits of participants and their beneficiaries and defraying reasonable expenses of administering the plan. 2. The purpose of the Fiduciary Investment Committee is to act pursuant to delegated authority by the Plan Sponsor to satisfy the obligations of the Plan Sponsor as follows: a. Establish and maintain the Investment Policy statement; b. Select investment options, fees and rates; c. Select investment managers; d. Periodically evaluate the Plan’s investment performance and recommend and adopt investment option, fee, and rate changes; and e. Provide Plan participant investment education and communication. 3. The Fiduciary Investment Committee shall follow all the policies and procedures set forth in the Investment Policy statement (the “Investment Policies”) of the Plan, as from time to time amended by the Committee subject to approval by the Plan Sponsor. In the event of any conflict between the terms of this Charter and the terms of the Investment Policies, the terms of the Investment Policies shall take precedence over the terms of this Charter and shall govern the activities of the Fiduciary Investment Committee. 4. The Fiduciary Investment Committee shall consist of the following five City employees: Finance Director, Cash and Investments Manager, Human Resources Director, Human Resources Benefits Manager, and one member of the City Benefits Committee who participates in at least one of the City defined contribution retirement plans to be chosen by the other members of the Benefits Committee. The Finance Director shall serve as the Chair of the Committee. 5. The Fiduciary Investment Committee shall meet quarterly and at any time the Fiduciary Investment Committee is required to act pursuant to the Investment Policies. 6. A simple majority of the members of the Fiduciary Investment Committee shall constitute a quorum for any action to be taken by the Fiduciary Investment Committee at a meeting. A majority of the members constituting a quorum and participating in the meeting may take any action or make any determination at a meeting of the Fiduciary Investment Committee. Members of the Fiduciary Investment Committee may participate in a formal Committee meeting by means of a conference telephone or similar communications equipment provided a quorum of Committee members is physically present at the meeting, and provided all persons participating in the meeting can hear each other at the same time, and participation of members by such means shall constitute presence in person at a meeting. 7. The Fiduciary Investment Committee shall provide information to Service Providers to assist the Service Providers in preparing all necessary documents. 8. The Fiduciary Investment Committee shall be accorded the resources and authority appropriate to discharge its responsibilities, including the authority to consult counsel to the Plan and other experts or consultants at the expense of the Plan. The Committee will take part in applicable opportunities for continuing education in matters relating to investments and the Committee’s responsibilities. 9. This Charter may be amended by action of a majority of the members of the Fiduciary Investment Committee at a meeting or by the Plan Sponsor; providing that, if amended by the Fiduciary Investment Committee, the Fiduciary Investment Committee shall present such Charter, as amended, to the Plan Sponsor at its next regularly scheduled meeting. Attachment number 1 \nPage 1 of 3 Item # 35 2 Fiduciary Investment Committee Charter (continued) ADMINISTRATIVE DUTIES: - Confirm that all Plan operations, administrative and otherwise, are being carried out as prescribed by the Plan - Administer the Investment Policy Statement Document, and related documents, consistent with current regulations. - Approve or reject and document, and/or authorize a representative to approve or reject any appropriate transaction requests (i.e., loans, hardships, withdrawals, distributions). - Confirm and maintain timely remittance of participant contributions. - Maintain reports from each service provider associated with the Plan (Investment Advisor/consultant, recordkeeper, custodian/corporate trustee, actuary, legal counsel). - Establish and/or adopt any necessary amendments or restatements to the Plan Document. - Review general plan provisions annually and implement appropriate changes (with Plan Sponsor Approval). - Review and implement policies to comply with applicable legislation. - Confirm that all necessary reporting to participants, vendors and appropriate governmental agencies is accomplished and documented on a timely basis. - Review and confirm current regulatory compliance status and initiate any appropriate corrections to ensure compliance. - Plan and document all participant education/communications activities. - Review, confirm and document competitiveness of plan expenses and services for each plan vendor. - Provide for Committee fiduciary training as necessary. - Review and confirm maintenance of all fiduciary practice standards. INITIAL COMMITTEE MEMBERS: The following individuals are hereby appointed to serve as the Fiduciary Investment Committee until further action of the Plan Sponsor: Name Title Signature Date Brian J. Ravins Finance Director Stephen Moskun Cash & Investments Manager Joseph Roseto Human Resources Director Allen Del Prete Human Resources Manager Benefits Committee Representative Fiduciary Investment Committee Charter Executed: _________________________ (Date) Attachment number 1 \nPage 2 of 3 Item # 35 3 Fiduciary Investment Committee Charter (continued) ACCEPTANCE OF APPOINTMENT TO FIDUCIARY INVESTMENT COMMITTEE: I hereby accept my appointment to serve as a member of the Fiduciary Investment Committee. I understand the fiduciary duties and responsibilities associated with my appointment: _____________________________________________________________ _______________ Brian J. Ravins, Finance Director Date _____________________________________________________________ _______________ Stephen Moskun, Cash & Investments Manager Date _____________________________________________________________ _______________ Joseph Roseto, Human Resources Director Date _____________________________________________________________ _______________ Allen Del Prete, Human Resources Manager Date _____________________________________________________________ _______________ Benefits Committee Representative Date Attachment number 1 \nPage 3 of 3 Item # 35 Updated 2/23/2010 401k-1103 Page 1 of 12 City of Clearwater Defined Contribution Plans Investment Policy Statement Part I. THE PLAN The City sponsors three defined contribution plans (the “Plan” or “Plans”) for the benefit of its employees and their designated beneficiaries: The City of Clearwater 401(a) Money Purchase Pension Plan, The ICMA Retirem ent Corporation Governmental 457(b) Deferred Compensation Plan & Trust, and the City of Clearwater Deferred Compensation Plan for Public Employees 457(b) Plan and Trust (Nationwide). A Committee appointed by the City serves as a fiduciary for all of the Plans. The Plans are intended to provide participants long-term accumulation of savings through contributions to individual participant accounts and the earnings thereon. The Plans are intended to comply with all applicable federal laws and regulations. Though the Plans are not subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended, plan fiduciaries may, at their discretion, choose to comply with certain ERISA principles as a matter of sound fiduciary practice. In addition, the Plans are intended to conform to practices consistent with ERISA Section 404(c) where deemed to be a prudent practice by plan fiduciaries. The Plans’ participants and beneficiaries are expected to have different investment objectives, time horizons and risk tolerances. To meet these varying investment needs, a range of investment options will be made available to participants and beneficiaries from which they may choose to direct their account balances to construct diversified portfolios that reasonably span the risk/return spectrum. Participants and beneficiaries alone bear the risk of investment results from the options and their asset allocation. Part II. THE PURPOSE OF THE INVESTMENT POLICY STATEMENT This Investment Policy Statement is intended to assist the Plan’s fiduciaries by establishing guidelines for making investment-related decisions in a prudent manner. It outlines the underlying philosophies and processes for the selection, monitoring, and evaluation of the investment options offered by the Plan. Specifically, this Investment Policy Statement: · Defines the Plans’ investment objectives. · Defines the roles of those responsible for the Plans’ investments. · Describes the criteria and procedures for selecting the investment options. · Establishes investment procedures, measurement standards and monitoring procedures. · Describes corrective actions the committee may take should investment options and investment managers fail to satisfy established objectives. · Describes the methods of educating and communicating enrollment and investment information with Plan participants and beneficiaries. · Describes ways to comply with fiduciary obligations and applicable laws and regulations. This Investment Policy Statement will be reviewed periodically, and, if appropriate, may be amended to reflect changes in the capital markets, plan objectives, or other factors relevant to the Plan. Attachment number 2 \nPage 1 of 12 Item # 35 Updated 2/23/2010 401k-1103 Page 2 of 12 Part III. INVESTMENT OBJECTIVES The Committee will select the Plans’ investment options based on criteria deemed relevant, from time to time, by the Committee. These criteria may include, but are not limited to, the following: · Maximization of return within reasonable and prudent levels of risk. · Provision of returns comparable to returns for sim ilar investment options. · Provision of exposure to a wide range of investment opportunities in various asset classes and vehicles. · Control of administrative and management costs. · Provision of appropriate diversification within investment vehicles. · Investment manager’s adherence to stated investment objectives and style. Part IV. ROLES AND RESPONSIBILITIES Subject to the terms of the Plan document, the Committee is responsible for selecting the recordkeeper, the investment consultant, the investment options(s), and the investment(s) for default(s) when a participant or beneficiary fails to provide investment direction. The Committee is also responsible for: · Establishing and maintaining the Investment Policy Statement. · Periodically evaluating the Plans’ investment performance and recommending investment option changes. · Periodically monitoring the performance of the service providers and investment consultant. · Periodically monitoring Plan costs. · Providing for Plan participant investment education and communication. In executing its responsibilities, the Committee will make decisions solely in the interest of Plan participants and beneficiaries, for the exclusive purpose of providing Plan benefits and defraying reasonable administrative costs. All investments selected by the Committee are intended to meet guidelines consistent with ERISA section 404(c). The Committee will take part in applicable opportunities for continuing education in matters relating to investments and the Committee’s responsibilities. Part V. MONITORING OF SERVICE PROVIDERS Service providers will be monitored on a regular basis or more frequently as necessary. Administrative and/or recordkeeping service providers may be benchmarked against, but not limited to, industry averages and/or other provider quotes. Monitoring for these service providers will include, but not be limited to, the provider’s: · Investment offerings, performance, and services · Recordkeeping technology and services · Compliance services and support · Technology · Participant access and communications · Total Plan costs The monitoring of the Plan provider(s) is to ensure that total Plan costs and services are competitive and reasonable. Investment consultant service providers (plan and participant level) will be monitored regularly and m onitoring will include, but not be limited to, the provider’s: · Investment Due Diligence processes · Fiduciary guidance and services · RPF/Benchmarking scope and services · Technology · Participant level access, communications and advice (if applicable) · Cost Attachment number 2 \nPage 2 of 12 Item # 35 Updated 2/23/2010 401k-1103 Page 3 of 12 Part VI. SELECTION OF INVESTMENT OPTIONS The selection of investment options offered under the Plans is among the Committee’s most important responsibilities. Set forth below are the considerations and guidelines to be employed by the Committee in fulfilling this fiduciary responsibility. The Plans are intended to provide an appropriate range of investment options that may span the risk/return spectrum. Further, the Plan’s investment options are intended to allow Plan participants to construct portfolios consistent with their unique individual circumstances, goals, time horizons and tolerance for risk. Major asset classes to be considered may include, but are not limited to: Conservative Investments Cash and liquid investments including, but not limited to, money market, stable value, and guaranteed interest accounts. Income Investments Income oriented investments including, but not limited to, low, medium, and high quality bond funds, with short, intermediate, and/or long term duration. Management styles may be indexed and actively managed international, global, and domestic styles. Equity Investments Funds that invest in equity securities, both domestic and foreign, including, but not limited to, small, medium, and large market capitalization, with value, blend, and growth investment objectives, which may be actively managed or indexed. Asset Allocation Investments Funds or accounts that invest in a combination of conservative, income, and equity investments, “fund of funds” accounts combining several of the above investments into one or a series of investments, and “manager of managers” accounts combining several different investment styles and fund managers into one account or a series of accounts. Other Investments Other appropriate investments in styles or asset classes offered through vehicles such as commingled trusts, insurance company separate accounts through a group annuity contract, and mutual funds. Notwithstanding the foregoing, the Committee may consider, but is not required, to include in the investment menu any specific investment asset class, option, or style. Default Investment(s) The Investment Committee will evaluate and choose an investment or set of investments to serve as the default investment(s) for the Plans. The default investment(s) will be the designated investment for dollars contributed to the Plans by participants and/or the employer for which the Plans have not received investment direction. Though these Plans are not subject to the provisions of ERISA, the default investment will be selected to be consistent with the provisions of ERISA section 404(c)(5) and the regulations promulgated thereunder as a qualified default investment alternative (“QDIA”). Attachment number 2 \nPage 3 of 12 Item # 35 Updated 2/23/2010 401k-1103 Page 4 of 12 After determining the desired asset classes, the Committee will evaluate and choose the desired investment option(s) for the Plans’ investment menus. If an investment manager (responsible for the management of the underlying investment vehicle, such as a mutual fund, commingled account or separate account) is chosen as the investment option, the following minimum criteria will be considered as to qualifications: 1. The investment manager will be a bank, insurance company, investment management, mutual fund company or an investment advisor as defined under the Registered Investment Advisors Act of 1940; 2. The investment manager will have a record of operating in good standing with regulators and clients, with no material pending or concluded legal actions against it; and 3. All relevant quantitative and qualitative information on the fund manager and fund will be made available by the manager and/or vendor. In addition to the minimum criteria above, all investments under consideration will meet the following standards for selection: 1. Investment performance will be competitive with an appropriate style-specific benchmark and the median return for an appropriate, style-specific peer group (where appropriate and available, long-term performance of an investment manager may be inferred through the performance of another investment with similar style attributes managed by such investment manager); 2. Specific risk and risk-adjusted return measures will be within a reasonable range relative to appropriate, style-specific benchmark and peer group; 3. The investment manager will demonstrate adherence to the stated investment objective, without excess style drift over trailing performance periods; 4. Fees and fee structures will be competitive compared with similar investments reasonably available to the Plans; 5. The investment manager will exhibit attractive qualitative characteristics, including, but not limited to, acceptable manager tenure; and 6. The investment manager will be able to provide performance, holdings, and other relevant information in a timely fashion with specified frequency. Furthermore, investment managers (to be used interchangeably with the term “fund” throughout the Investment Policy Statement) will be evaluated and selected utilizing an investment manager “score card,” detailed in Part VII (Investment Monitoring and Reporting). Finally, any fiduciary warranty or guarantee offered by the service provider will be considered in the investment selection process, but will not supersede the provisions of this Investment Policy Statement. Part VII. INVESTMENT MONITORING AND REPORTING The ongoing monitoring of investments is a regular and disciplined process. Monitoring confirms that the criteria remain satisfied and that an investment option continues to be appropriate. The process of monitoring investment performance relative to specified guidelines will be consistently applied. Frequent change of investments is neither expected nor desired. The Committee will bear in mind any and all political, social, economic or other changes that may potentially require more frequent review and consideration of investments. The following are some, but not all, general factors that may be considered in ongoing monitoring: · Current regulatory environment, · Current state of capital markets, · Performance of investment alternatives, · Utilization of accounts by Plan demographic, · The prudent applicability of this Investment Policy Statement as written, in light of prevailing facts and circumstances. Attachment number 2 \nPage 4 of 12 Item # 35 Updated 2/23/2010 401k-1103 Page 5 of 12 Monitoring will utilize the same investment selection criteria used in the original selection analysis. Unusual, notable, or extraordinary events will be communicated by the investment manager and/or vendor on a timely basis to the Committee. Examples of such events include portfolio manager or team departure, violation of investment guidelines, material litigation against the investment management firm, or material changes in firm ownership structure and announcements thereof. If overall satisfaction with the investment option is acceptable, no further action is required. If areas of dissatisfaction exist, the investment manager must take steps to remedy the deficiency. If over a reasonable period the manager is unable to resolve the issue, removal of the investment option may result. For supported asset classes, an investment manager “score card” will be maintained and documented (see addendum) to substantiate acceptable levels of manager performance and appropriate style characteristics. Based upon objective criteria, derived from Modern Portfolio Theory concepts, each fund will receive a score reflecting its overall performance. If a fund fails to meet the criteria standards, as determined by its score, it will be placed on a “watch list.” (In the event a fund receives a score which is below that of “watch list” status, or experiences extraordinary circumstances which may render it inappropriate to maintain, it may be considered for removal at the earliest administratively reasonable date.) If the fund continues to remain on the “watch list” for the following three quarters, or four of the following seven quarters, the fund will be considered for possible removal. If the fund meets criteria standards for four consecutive quarters, it may be removed from the watch list. Asset Allocation funds and/or accounts (risk-based or age-based) will be scored and monitored using the previously described guidelines. Unlike other funds which are monitored and scored individually, these funds will be evaluated as a group. Due to the unique importance of these professionally managed and diversified vehicles for participants in the Plans, funds or accounts failing to achieve criteria standards will be carefully reviewed before removal from the Plan (in the absence of a reasonable alternative). In addition, funds with short time history will be evaluated qualitatively. Target-Date (age-based) funds or accounts will have strategies that allow the funds or accounts to grow more conservative over time until a certain retirement date or life expectancy date. This roll down process is commonly referred to as a “glide path.” The glide path associated with a set of target-date funds will be reviewed to make sure it is appropriate, and continues to be appropriate, for the Plans and Plan participants. Investments where no score is applied due to specialty focus, short time history or other unique circumstances will be reviewed using a qualitative framework. The foregoing investment monitoring criteria shall not, under any circumstances, be taken as definitive, conclusive, or controlling for removal, termination, or continuation of an investment option. All determinations will be made by the Committee, in its sole discretion, taking into consideration all relevant facts and circumstances. Part VIII. MANAGER REMOVAL An investment manager (i.e., fund) may be removed when the Committee has lost confidence in the manager’s ability to: · Achieve performance, style, allocation, and/or risk objectives. · Maintain acceptable qualitative standards (e.g., stable organization, compliance guidelines). If the investment manager has failed to adhere to and/or remedy one or both of the above conditions, the fund will be considered for removal from the Plans. Attachment number 2 \nPage 5 of 12 Item # 35 Updated 2/23/2010 401k-1103 Page 6 of 12 Any decision by the Committee to remove such a fund will be made on an individual basis, and will be made based on all the known facts and circumstances, including, but not limited to: · The objective analysis (described above) · Administrative impact on the Plans · Timing of the fund change · Employee communicated issues · The availability of other (potential replacement) managers · Underwriting and plan provider limitations · Financial considerations (hard and soft dollar fees) · Professional or client turnover · A material change in the investment process · Other relevant factors Considerable judgment is to be exercised in the manager removal decision-making process. A manager will be removed using one of the following approaches: · Remove and replace (map assets) with an alternative manager. · Freeze the assets managed by the removed manager and direct new assets to an alternative manager. · Phase out the manager over a specific time period. · Remove the manager and do not provide a replacement manager. Replacement of a removed manager will follow the criteria outlined in Part VI (Selection of Investment Options). Part IX. PARTICIPANT EDUCATION AND COMMUNICATION The Plans will communicate to participants that the participants are responsible for directing their own investments and investment changes. Investment communications materials, educational materials, and enrollment support will be available to help Plan participants make educated and informed choices, including: 1. Periodic enrollment and investment education, through one or more of the following: on-site meetings, phone conference, web conference, Internet, phone (voice-response and live representatives), and written materials; 2. Participant disclosures consistent with selected guidelines found in ERISA 404(c). This guideline may be modified at the discretion of the Committee, as these plans are not subject to ERISA. 3. Summary plan description made available to all participants; 4. General information regarding investment risk, inflation, potential taxation impact, investment earnings, and asset classes; 5. Other investment tools (e.g., investment risk profile questionnaire) to assist participants and beneficiaries in making educated and informed investment decisions; and 6. All additional information required for disclosure by the Internal Revenue Code of 1986, and all other Federal and state statutes and all regulations promulgated hereunder, and all regulatory guidance provided thereto. Notwithstanding the foregoing, all investment education provided by the Plans and/or Committee, and all communications connected thereto, is not intended, nor shall it be construed, as investment advice to Plan participants. Attachment number 2 \nPage 6 of 12 Item # 35 Updated 2/23/2010 401k-1103 Page 7 of 12 Part X. COORDINATION WITH THE PLAN DOCUMENTS Notwithstanding the foregoing, if any term or condition of this Investment Policy Statement conflicts with applicable provisions of the Internal Revenue Code, or regulations promulgated hereunder, or any term or condition in the Plan documents, the terms and conditions of the Internal Revenue Code and the Plan documents shall control. Part XI. ERISA 404(c) GUIDELINES Though the Plans are not subject to ERISA, the City and the Committee intend for the Plans to conform to principals found in ERISA Section 404(c). Each participant/beneficiary is provided the opportunity to exercise control and to give instructions over his/her account with a frequency that is appropriate for each investment option and, finally, to choose from a broad range of investment options. Part XII. INVESTMENT INFORMATION AND ADMINISTRATIVE SUPPORT The Committee will require the investment manager and/or service provider (administrator, recordkeeper) to offer the following administrative information and support: 1. Daily valuation of all investments; 2. Daily access to account information via toll-free number and Internet access; 3. The ability to make investment transfers for both existing and future individual account balances on a daily basis (non-business days and holidays excluded). Certain trading practices may be limited to comply with market timing, excess trading, liquidit y driven and/or related policies and procedures of the service provider and/or specific investment options; 4. Participant account investment reports produced no less frequently than annually, with similar information available via the Internet at least quarterly; and 5. Quarterly investment performance updates available for participant review via the Internet. Part XIII. REVIEW PROCEDURES This Investment Policy Statement may be periodically reviewed and amended, if appropriate, at any time and without notice, by action of the Committee. It is not intended that this Investment Policy Statement will change frequently. In particular, short-term changes in the financial markets should not require amendments to this Investment Policy Statement. Brian J. Ravins, Finance Director Signature Date Stephen Moskun, Cash & Investments Manager Signature Date Joseph Roseto, Human Resources Director Signature Date Allen Del Prete, Human Resources Director Signature Date Benefits Committee Representative, Signature Date Attachment number 2 \nPage 7 of 12 Item # 35 Up d a t e d 2 / 2 3 / 2 0 1 0 40 1 k - 1 1 0 3 Pa g e 8 o f 1 2 AD D E N D U M T O P A R T V I I : I N V E S T M E N T M O N I T O R I N G A N D R E P OR T I N G Sc o r e c a r d SM Sy s t e m M e t h o d o l o g y Th e Sc o r e c a r d SM Sy s t e m m e t h o d o l o g y i n c o r p o r a t e s b o t h q u a n t i t a t i v e a nd q u a l i t a t i v e f a c t o r s i n e v a l u a t i n g f u n d m a n a g e r s an d t h e i r i n v e s t m e n t st r a t e g i e s . T h e Sc o r e c a r d SM Sy s t e m i s b u i l t a r o u n d p a s s / f a i l c r i t e r i a , o n a s c a le o f 0 t o 1 0 ( w i t h 1 0 b e i n g t h e b e s t ) a n d h a s t h e a bi l i t y t o me a s u r e A c t i v e , P a s s i v e a n d A s s e t A l l o c a t i o n i n v e s t i ng s t r a t e g i e s . A c t i v e a n d A s s e t A l l o c a t i o n s t r a t e g i e s a r e e v a l u a t e d o v e r a f i v e y e a r ti m e p e r i o d , a n d P a s s i v e s t r a t e g i e s a r e e v a l u a t e d o v e r a t h r e e y e a r t i m e p e r i o d . Ei g h t y p e r c e n t o f t h e f u n d ’ s s c o r e i s q u a n t i t a t i v e (m a d e u p o f e i g h t u n i q u e f a c t o r s ) , i n c o r p o r a t i n g m o de r n p o r t f o l i o t h e o r y s t a t i s t i c s , q u a d r a t i c op t i m i z a t i o n a n a l y s i s , a n d p e e r g r o u p r a n k i n g s ( a m o ng a f e w o f t h e q u a n t i t a t i v e f a c t o r s ) . T h e o t h e r 2 0 % o f t h e s c o r e i s q u a l i t a t i v e , t a k i n g i n t o ac c o u n t t h i n g s s u c h a s m a n a g e r t e n u r e , t h e f u n d ’ s e x pe n s e r a t i o r e l a t i v e t o t h e a v e r a g e f u n d e x p e n s e r a ti o i n t h a t a s s e t c l a s s c a t e g o r y , a n d t h e fu n d ’ s s t r e n g t h o f s t a t i s t i c s ( s t a t i s t i c a l s i g n i f i c an c e ) . O t h e r c r i t e r i a t h a t m a y b e c o n s i d e r e d i n t h e qu a l i t a t i v e s c o r e i n c l u d e s t h e v i a b i l i t y o f t h e f i r m ma n a g i n g t h e a s s e t s , m a n a g e m e n t o r p e r s o n n e l i s s u e s a t t h e f i r m , a n d / o r w h e t h e r t h e r e h a s b e e n a c h a n g e i n d i r e c t i o n o f t h e f u n d ’ s s t a t e d in v e s t m e n t s t r a t e g y . T h e f o l l o w i n g p a g e s d e t a i l t h e sp e c i f i c f a c t o r s f o r e a c h t y p e o f i n v e s t i n g s t r a t e g i es . Co m b i n e d , t h e s e f a c t o r s a r e a w a y o f m e a s u r i n g t h e re l a t i v e p e r f o r m a n c e , c h a r a c t e r i s t i c s , b e h a v i o r a n d o v e r a l l a p p r o p r i a t e n e s s o f a f u n d f o r in c l u s i o n i n t o a p l a n a s a n i n v e s t m e n t o p t i o n . G e n e ra l f u n d g u i d e l i n e s a r e s h o w n i n t h e “ S c o r e c a r d P o i nt S y s t e m ” t a b l e b e l o w . T h e S c o r e c a r d P o i n t Sy s t e m i s m e a n t t o b e u s e d i n c o n j u n c t i o n w i t h o u r sa m p l e I n v e s t m e n t P o l i c y S t a t e m e n t , i n o r d e r t o h e l p id e n t i f y w h a t s t r a t e g i e s n e e d t o b e di s c u s s e d a s a “ w a t c h - l i s t ” o r r e m o v a l c a n d i d a t e ; w h at s t r a t e g i e s c o n t i n u e t o m e e t s o m e m i n i m u m s t a n d a r ds a n d c o n t i n u e t o b e a p p r o p r i a t e ; an d / o r i d e n t i f y n e w t o p - r a n k e d s t r a t e g i e s f o r i n c l u si o n i n t o a p l a n . Sa m p l e S c o r e c a r d S u m m a r y an d i n v e s t m e n t r e p o r t e x c e r p t Go o d : 9 - 1 0 P o i n t s Ac c e p t a b l e : 7 - 8 P o i n t s Wa t c h L i s t : 5 - 6 P o i n t s Po o r : 0 - 4 P o i n t s Sc o r e c a r d P o i n t S y s t e m Go o d : 9 - 1 0 P o i n t s Ac c e p t a b l e : 7 - 8 P o i n t s Wa t c h L i s t : 5 - 6 P o i n t s Po o r : 0 - 4 P o i n t s Sc o r e c a r d P o i n t S y s t e m Attachment number 2 \nPage 8 of 12 Item # 35 Up d a t e d 2 / 2 3 / 2 0 1 0 40 1 k - 1 1 0 3 Pa g e 9 o f 1 2 Qu a l i t a t i v e F a c t o r s ( 9 - 1 0 ) : Qu a l i t a t i v e Fa c t o r s – 20 % In f o r m a t i o n R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . T h i s r a n k i n g r a n k s r i s k a d j u s t e d ex c e s s r e t u r n . 8) Pe e r G r o u p Ra n k i n g s – 20 % Re t u r n s P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . 7) Qu a n t i t a t i v e F a c t o r s ( 1 - 8 ) : Tw o p o i n t s m a y b e a w a r d e d b a s e d o n q u a l i t a t i v e c h a r ac t e r i s t i c s o f t h e f u n d . P r i m a r y c o n s i d e r a t i o n s a r e g i v e n t o m a n a g e r t e n u r e , f u n d ex p e n s e s a n d s t r e n g t h o f s t a t i s t i c s , h o w e v e r , o t h e r s i g n i f i c a n t f a c t o r s m a y b e c o n s i d e r e d . It i s i m p o r t a n t t o t a k e i n t o a c c o u n t n o n - q u a n t i t a t i ve f a c t o r s , w h i c h m a y i m p a c t f u t u r e p e r f o r m a n c e . In f o r m a t i o n R a t i o : Me a s u r e s a f u n d s r e l a t i v e r i s k a n d r e t u r n . F u n d p a s se s i f r a t i o i s > 0 . T h i s s t a t i s t i c m e a s u r e s t h e v a l ue a d d e d ab o v e t h e b e n c h m a r k , a d j u s t e d f o r r i s k . Up / D o w n C a p t u r e A n a l y s i s : Me a s u r e s t h e b e h a v i o r o f a f u n d i n u p a n d d o w n m a r k et s . F u n d p a s s e s w i t h a n u p c a p t u r e > i t s d o w n ca p t u r e . T h i s a n a l y s i s m e a s u r e s t h e r e l a t i v e v a l u e by t h e m a n a g e r i n u p a n d d o w n m a r k e t s . Ri s k / R e t u r n : Fu n d p a s s e s i f i t s r i s k i s l e s s t h a n t h e b e n c h m a r k or i t s r e t u r n i s g r e a t e r t h a n t h e b e n c h m a r k . F a v o r a bl e r i s k / r e t u r n ch a r a c t e r i s t i c s a r e d e s i r e d . R- S q u a r e d : Me a s u r e s t h e % o f a f u n d ’ s r e t u r n s t h a t a r e e x p l a i n ed b y t h e b e n c h m a r k . F u n d p a s s e s w i t h a n R 2 > 8 0 % . Th i s s t a t i s t i c me a s u r e s w h e t h e r t h e b e n c h m a r k u s e d i n t h e a n a l y s i s i s a p p r o p r i a t e . St y l e D r i f t : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e b e h a v i o r o f t h e f u n d / m a n a g e r o v e r m u l t i p l e ( r o l l i n g ) t i m e p e r i od s . F u n d p a s s e s i f th e f u n d e x h i b i t s a c o n s i s t e n t s t y l e p a t t e r n . S t y l e c o n s i s t e n c y i s d e s i r e d s o t h a t f u n d s c a n b e e f f e c t iv e l y m o n i t o r e d w i t h i n t h e i r de s i g n a t e d a s s e t c l a s s . St y l e A n a l y s i s : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e s t y l e c h a r a ct e r i s t i c s o f a f u n d o v e r a p e r i o d o f t i m e . F u n d p a ss e s i f i t r e f l e c t s th e a p p r o p r i a t e s t y l e c h a r a c t e r i s t i c s . S t y l e a n a l y s is h e l p s e n s u r e p r o p e r d i v e r s i f i c a t i o n i n t h e p l a n . 9- 1 0 ) 6)5)4)3)2)1) Ri s k / R e t u r n Fa c t o r s – 3 0 % St y l e F a c t o r s – 30 % Qu a l i t a t i v e F a c t o r s ( 9 - 1 0 ) : Qu a l i t a t i v e Fa c t o r s – 20 % In f o r m a t i o n R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . T h i s r a n k i n g r a n k s r i s k a d j u s t e d ex c e s s r e t u r n . 8) Pe e r G r o u p Ra n k i n g s – 20 % Re t u r n s P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . 7) Qu a n t i t a t i v e F a c t o r s ( 1 - 8 ) : Tw o p o i n t s m a y b e a w a r d e d b a s e d o n q u a l i t a t i v e c h a r ac t e r i s t i c s o f t h e f u n d . P r i m a r y c o n s i d e r a t i o n s a r e g i v e n t o m a n a g e r t e n u r e , f u n d ex p e n s e s a n d s t r e n g t h o f s t a t i s t i c s , h o w e v e r , o t h e r s i g n i f i c a n t f a c t o r s m a y b e c o n s i d e r e d . It i s i m p o r t a n t t o t a k e i n t o a c c o u n t n o n - q u a n t i t a t i ve f a c t o r s , w h i c h m a y i m p a c t f u t u r e p e r f o r m a n c e . In f o r m a t i o n R a t i o : Me a s u r e s a f u n d s r e l a t i v e r i s k a n d r e t u r n . F u n d p a s se s i f r a t i o i s > 0 . T h i s s t a t i s t i c m e a s u r e s t h e v a l ue a d d e d ab o v e t h e b e n c h m a r k , a d j u s t e d f o r r i s k . Up / D o w n C a p t u r e A n a l y s i s : Me a s u r e s t h e b e h a v i o r o f a f u n d i n u p a n d d o w n m a r k et s . F u n d p a s s e s w i t h a n u p c a p t u r e > i t s d o w n ca p t u r e . T h i s a n a l y s i s m e a s u r e s t h e r e l a t i v e v a l u e by t h e m a n a g e r i n u p a n d d o w n m a r k e t s . Ri s k / R e t u r n : Fu n d p a s s e s i f i t s r i s k i s l e s s t h a n t h e b e n c h m a r k or i t s r e t u r n i s g r e a t e r t h a n t h e b e n c h m a r k . F a v o r a bl e r i s k / r e t u r n ch a r a c t e r i s t i c s a r e d e s i r e d . R- S q u a r e d : Me a s u r e s t h e % o f a f u n d ’ s r e t u r n s t h a t a r e e x p l a i n ed b y t h e b e n c h m a r k . F u n d p a s s e s w i t h a n R 2 > 8 0 % . Th i s s t a t i s t i c me a s u r e s w h e t h e r t h e b e n c h m a r k u s e d i n t h e a n a l y s i s i s a p p r o p r i a t e . St y l e D r i f t : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e b e h a v i o r o f t h e f u n d / m a n a g e r o v e r m u l t i p l e ( r o l l i n g ) t i m e p e r i od s . F u n d p a s s e s i f th e f u n d e x h i b i t s a c o n s i s t e n t s t y l e p a t t e r n . S t y l e c o n s i s t e n c y i s d e s i r e d s o t h a t f u n d s c a n b e e f f e c t iv e l y m o n i t o r e d w i t h i n t h e i r de s i g n a t e d a s s e t c l a s s . St y l e A n a l y s i s : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e s t y l e c h a r a ct e r i s t i c s o f a f u n d o v e r a p e r i o d o f t i m e . F u n d p a ss e s i f i t r e f l e c t s th e a p p r o p r i a t e s t y l e c h a r a c t e r i s t i c s . S t y l e a n a l y s is h e l p s e n s u r e p r o p e r d i v e r s i f i c a t i o n i n t h e p l a n . 9- 1 0 ) 6)5)4)3)2)1) Ri s k / R e t u r n Fa c t o r s – 3 0 % St y l e F a c t o r s – 30 % Ac t i v e s t r a t e g i e s ar e i n v e s t m e n t s t r a t e g i e s w h e r e t h e f u n d m a n a g e r i s t r y i n g t o a d d v a l u e a n d o u t - p e r f o r m t h e m a r k e t a v e ra g e s ( f o r t h a t s t y l e o f i n v e s t i n g ) . T y p i c a l l y , th e s e i n v e s t m e n t s t r a t e g i e s h a v e h i g h e r a s s o c i a t e d co s t s d u e t o t h e a c t i v e i n v o l v e m e n t i n t h e p o r t f o l i o m a n a g e m e n t p r o c e s s b y t h e f u n d m a n a g e r ( s ) . F o r t h i s ty p e o f i n v e s t m e n t s t r a t e g y , t h e Sc o r e c a r d SM Sy s t e m i s t r y i n g t o i d e n t i f y t h o s e m a n a g e r s w h o c a n a d d v a l u e o n a c o n s i s t e n t b a s i s w i t h i n t h e i r o w n s ty l e o f i n v e s t i n g . Ev a l u a t i o n C r i t e r i a Ac t i v e S t r a t e g i e s Attachment number 2 \nPage 9 of 12 Item # 35 Up d a t e d 2 / 2 3 / 2 0 1 0 40 1 k - 1 1 0 3 Pa g e 1 0 o f 1 2 Ev a l u a t i o n C r i t e r i a Pa s s i v e s t r a t e g i e s ar e i n v e s t m e n t s t r a t e g i e s w h e r e t h e f u n d m a n a g e r i s t r y i n g t o t r a c k o r r e p l i c a t e s o m e a r e a o f t h e m a r k et . T h e s e t y p e s o f s t r a t e g i e s m a y b e b r o a d - ba s e d i n n a t u r e ( e . g . , t h e f u n d m a n a g e r i s t r y i n g t o t r a c k / r e p l i c a t e t h e e n t i r e U . S . e q u i t y m a r k e t l i k e t h e S & P 5 0 0 ) o r m a y b e m o r e s p e c i f i c t o a p a r t i c u la r a r e a o f t h e ma r k e t ( e . g . , t h e f u n d m a n a g e r m a y b e t r y i n g t o t r a ck / r e p l i c a t e t h e t e c h n o l o g y s e c t o r ) . T h e s e i n v e s t m e n t s t r a t e g i e s t y p i c a l l y h a v e l o w e r c o s t s t h a n a c t i v e i n vestment st r a t e g i e s d u e t o t h e i r p a s s i v e n a t u r e o f i n v e s t i n g a n d a r e c o m m o n l y r e f e r r e d t o a s i n d e x f u n d s . F o r t h is t y p e o f i n v e s t m e n t s t r a t e g y , t h e Sc o r e c a r d SM Sy s t e m i s fo c u s e d o n h o w w e l l t h e s e m a n a g e r s t r a c k a n d / o r r e p li c a t e a p a r t i c u l a r a r e a o f t h e m a r k e t w i t h a n e m p h a si s o n h o w t h e y c o m p a r e a g a i n s t t h e i r p e e r s . Re t u r n s P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . 7) R- S q u a r e d : Me a s u r e s t h e % o f a f u n d ’ s r e t u r n s t h a t a r e e x p l a i n ed b y t h e b e n c h m a r k . F u n d p a s s e s w i t h a n R 2 > 9 5 % . Th i s s t a t i s t i c me a s u r e s w h e t h e r t h e b e n c h m a r k u s e d i n t h e a n a l y s i s i s a p p r o p r i a t e . 3) Qu a l i t a t i v e F a c t o r s ( 9 - 1 0 ) : Qu a l i t a t i v e Fa c t o r s – 20 % Qu a n t i t a t i v e F a c t o r s ( 1 - 8 ) : Tw o p o i n t s m a y b e a w a r d e d b a s e d o n q u a l i t a t i v e c h a r ac t e r i s t i c s o f t h e f u n d . P r i m a r y c o n s i d e r a t i o n s a r e g i v e n t o f u n d e x p e n s e s a n d st r e n g t h o f s t a t i s t i c s , h o w e v e r , o t h e r s i g n i f i c a n t fa c t o r s m a y b e c o n s i d e r e d . It i s i m p o r t a n t t o t a k e i n t o a c c o u n t n o n - q u a n t i t a t i ve f a c t o r s , w h i c h m a y i m p a c t f u t u r e p e r f o r m a n c e . Sh a r p e R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . Ex p e n s e R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . Tr a c k i n g E r r o r P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . Tr a c k i n g E r r o r : Me a s u r e s t h e % o f a f u n d ’ s e x c e s s r e t u r n v o l a t i l i t y r e l a t i v e t o t h e b e n c h m a r k . F u n d p a s s e s w i t h a T E < 4 . T h i s s t a t i s t i c me a s u r e s h o w w e l l t h e f u n d t r a c k s t h e b e n c h m a r k . St y l e D r i f t : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e b e h a v i o r o f t h e f u n d / m a n a g e r o v e r m u l t i p l e ( r o l l i n g ) t i m e p e r i od s . F u n d p a s s e s i f th e f u n d e x h i b i t s a c o n s i s t e n t s t y l e p a t t e r n . S t y l e c o n s i s t e n c y i s d e s i r e d s o t h a t f u n d s c a n b e e f f e c t iv e l y m o n i t o r e d w i t h i n t h e i r de s i g n a t e d a s s e t c l a s s . St y l e A n a l y s i s : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e s t y l e c h a r a ct e r i s t i c s o f a f u n d o v e r a p e r i o d o f t i m e . F u n d p a ss e s i f i t r e f l e c t s th e a p p r o p r i a t e s t y l e c h a r a c t e r i s t i c s . S t y l e a n a l y s is h e l p s e n s u r e p r o p e r d i v e r s i f i c a t i o n i n t h e p l a n . 9- 1 0 ) 8)6)5)4)2)1) Pe e r G r o u p Ra n k i n g s – 40 % St y l e & T r a c k i n g Fa c t o r s – 40 % Re t u r n s P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . 7) R- S q u a r e d : Me a s u r e s t h e % o f a f u n d ’ s r e t u r n s t h a t a r e e x p l a i n ed b y t h e b e n c h m a r k . F u n d p a s s e s w i t h a n R 2 > 9 5 % . Th i s s t a t i s t i c me a s u r e s w h e t h e r t h e b e n c h m a r k u s e d i n t h e a n a l y s i s i s a p p r o p r i a t e . 3) Qu a l i t a t i v e F a c t o r s ( 9 - 1 0 ) : Qu a l i t a t i v e Fa c t o r s – 20 % Qu a n t i t a t i v e F a c t o r s ( 1 - 8 ) : Tw o p o i n t s m a y b e a w a r d e d b a s e d o n q u a l i t a t i v e c h a r ac t e r i s t i c s o f t h e f u n d . P r i m a r y c o n s i d e r a t i o n s a r e g i v e n t o f u n d e x p e n s e s a n d st r e n g t h o f s t a t i s t i c s , h o w e v e r , o t h e r s i g n i f i c a n t fa c t o r s m a y b e c o n s i d e r e d . It i s i m p o r t a n t t o t a k e i n t o a c c o u n t n o n - q u a n t i t a t i ve f a c t o r s , w h i c h m a y i m p a c t f u t u r e p e r f o r m a n c e . Sh a r p e R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . Ex p e n s e R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . Tr a c k i n g E r r o r P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 7 5 th pe r c e n t i l e . Tr a c k i n g E r r o r : Me a s u r e s t h e % o f a f u n d ’ s e x c e s s r e t u r n v o l a t i l i t y r e l a t i v e t o t h e b e n c h m a r k . F u n d p a s s e s w i t h a T E < 4 . T h i s s t a t i s t i c me a s u r e s h o w w e l l t h e f u n d t r a c k s t h e b e n c h m a r k . St y l e D r i f t : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e b e h a v i o r o f t h e f u n d / m a n a g e r o v e r m u l t i p l e ( r o l l i n g ) t i m e p e r i od s . F u n d p a s s e s i f th e f u n d e x h i b i t s a c o n s i s t e n t s t y l e p a t t e r n . S t y l e c o n s i s t e n c y i s d e s i r e d s o t h a t f u n d s c a n b e e f f e c t iv e l y m o n i t o r e d w i t h i n t h e i r de s i g n a t e d a s s e t c l a s s . St y l e A n a l y s i s : Re t u r n s - b a s e d a n a l y s i s t o d e t e r m i n e t h e s t y l e c h a r a ct e r i s t i c s o f a f u n d o v e r a p e r i o d o f t i m e . F u n d p a ss e s i f i t r e f l e c t s th e a p p r o p r i a t e s t y l e c h a r a c t e r i s t i c s . S t y l e a n a l y s is h e l p s e n s u r e p r o p e r d i v e r s i f i c a t i o n i n t h e p l a n . 9- 1 0 ) 8)6)5)4)2)1) Pe e r G r o u p Ra n k i n g s – 40 % St y l e & T r a c k i n g Fa c t o r s – 40 % Pa s s i v e S t r a t e g i e s Attachment number 2 \nPage 10 of 12 Item # 35 Up d a t e d 2 / 2 3 / 2 0 1 0 40 1 k - 1 1 0 3 Pa g e 1 1 o f 1 2 Ev a l u a t i o n C r i t e r i a Qu a l i t a t i v e F a c t o r s ( 9 - 1 0 ) : Qu a l i t a t i v e Fa c t o r s – 20 % Sh a r p e R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . T h i s r a n k i n g r a n k s r i s k a d j u s t e d ex c e s s r e t u r n . 8) Pe e r G r o u p Ra n k i n g s – 20 % Re t u r n s P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . 7) Qu a n t i t a t i v e F a c t o r s ( 1 - 8 ) : Tw o p o i n t s m a y b e a w a r d e d b a s e d o n q u a l i t a t i v e c h a r ac t e r i s t i c s o f t h e f u n d . P r i m a r y c o n s i d e r a t i o n s a r e g i v e n t o m a n a g e r t e n u r e , f u n d ex p e n s e s a n d s t r e n g t h o f s t a t i s t i c s , h o w e v e r , o t h e r s i g n i f i c a n t f a c t o r s m a y b e c o n s i d e r e d . It i s i m p o r t a n t t o t a k e i n t o a c c o u n t n o n - q u a n t i t a t i ve f a c t o r s , w h i c h m a y i m p a c t f u t u r e p e r f o r m a n c e . In f o r m a t i o n R a t i o : Me a s u r e s a f u n d s r e l a t i v e r i s k a n d r e t u r n . F u n d p a s se s i f r a t i o i s > 0 . T h i s s t a t i s t i c m e a s u r e s t h e v a l ue a d d e d ab o v e t h e b e n c h m a r k , a d j u s t e d f o r r i s k . Up / D o w n C a p t u r e A n a l y s i s : Me a s u r e s t h e b e h a v i o r o f a f u n d i n u p a n d d o w n m a r k et s . F u n d p a s s e s w i t h a n u p c a p t u r e > i t s d o w n ca p t u r e . T h i s a n a l y s i s m e a s u r e s t h e r e l a t i v e v a l u e by t h e m a n a g e r i n u p a n d d o w n m a r k e t s . Ri s k / R e t u r n : Fu n d p a s s e s i f i t s r i s k i s l e s s t h a n t h e b e n c h m a r k or i t s r e t u r n i s g r e a t e r t h a n t h e b e n c h m a r k . F a v o r a bl e r i s k / r e t u r n ch a r a c t e r i s t i c s a r e d e s i r e d . R- S q u a r e d : Me a s u r e s t h e % o f a f u n d ’ s r e t u r n s t h a t a r e e x p l a i n ed b y t h e b e n c h m a r k . F u n d p a s s e s w i t h a n R 2 > 9 0 % . Th i s s t a t i s t i c me a s u r e s w h e t h e r t h e b e n c h m a r k u s e d i n t h e a n a l y s i s i s a p p r o p r i a t e . St y l e D i v e r s i t y : Fu n d p a s s e s i f i t r e f l e c t s a p p r o p r i a t e s t y l e d i v e r s it y ( r e t u r n s - b a s e d ) a m o n g t h e f o u r m a j o r a s s e t c l a s se s ( C a s h , F i x e d In c o m e , U . S . & I n t e r n a t i o n a l E q u i t y ) f o r t h e g i v e n ca t e g o r y . Ri s k L e v e l : Th e f u n d ’ s s t a n d a r d d e v i a t i o n i s m e a s u r e d a g a i n s t t he c a t e g o r y i t i s b e i n g a n a l y z e d i n . T h e f u n d p a s s e s i f i t f a l l s w i t h i n t h e ra n g e f o r t h a t c a t e g o r y . 9- 1 0 ) 6)5)4)3)2)1) Ri s k / R e t u r n Fa c t o r s – 3 0 % St y l e F a c t o r s – 30 % Qu a l i t a t i v e F a c t o r s ( 9 - 1 0 ) : Qu a l i t a t i v e Fa c t o r s – 20 % Sh a r p e R a t i o P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . T h i s r a n k i n g r a n k s r i s k a d j u s t e d ex c e s s r e t u r n . 8) Pe e r G r o u p Ra n k i n g s – 20 % Re t u r n s P e e r G r o u p R a n k i n g : Fu n d p a s s e s i f i t s m e d i a n r a n k i s a b o v e t h e 5 0 th pe r c e n t i l e . 7) Qu a n t i t a t i v e F a c t o r s ( 1 - 8 ) : Tw o p o i n t s m a y b e a w a r d e d b a s e d o n q u a l i t a t i v e c h a r ac t e r i s t i c s o f t h e f u n d . P r i m a r y c o n s i d e r a t i o n s a r e g i v e n t o m a n a g e r t e n u r e , f u n d ex p e n s e s a n d s t r e n g t h o f s t a t i s t i c s , h o w e v e r , o t h e r s i g n i f i c a n t f a c t o r s m a y b e c o n s i d e r e d . It i s i m p o r t a n t t o t a k e i n t o a c c o u n t n o n - q u a n t i t a t i ve f a c t o r s , w h i c h m a y i m p a c t f u t u r e p e r f o r m a n c e . In f o r m a t i o n R a t i o : Me a s u r e s a f u n d s r e l a t i v e r i s k a n d r e t u r n . F u n d p a s se s i f r a t i o i s > 0 . T h i s s t a t i s t i c m e a s u r e s t h e v a l ue a d d e d ab o v e t h e b e n c h m a r k , a d j u s t e d f o r r i s k . Up / D o w n C a p t u r e A n a l y s i s : Me a s u r e s t h e b e h a v i o r o f a f u n d i n u p a n d d o w n m a r k et s . F u n d p a s s e s w i t h a n u p c a p t u r e > i t s d o w n ca p t u r e . T h i s a n a l y s i s m e a s u r e s t h e r e l a t i v e v a l u e by t h e m a n a g e r i n u p a n d d o w n m a r k e t s . Ri s k / R e t u r n : Fu n d p a s s e s i f i t s r i s k i s l e s s t h a n t h e b e n c h m a r k or i t s r e t u r n i s g r e a t e r t h a n t h e b e n c h m a r k . F a v o r a bl e r i s k / r e t u r n ch a r a c t e r i s t i c s a r e d e s i r e d . R- S q u a r e d : Me a s u r e s t h e % o f a f u n d ’ s r e t u r n s t h a t a r e e x p l a i n ed b y t h e b e n c h m a r k . F u n d p a s s e s w i t h a n R 2 > 9 0 % . Th i s s t a t i s t i c me a s u r e s w h e t h e r t h e b e n c h m a r k u s e d i n t h e a n a l y s i s i s a p p r o p r i a t e . St y l e D i v e r s i t y : Fu n d p a s s e s i f i t r e f l e c t s a p p r o p r i a t e s t y l e d i v e r s it y ( r e t u r n s - b a s e d ) a m o n g t h e f o u r m a j o r a s s e t c l a s se s ( C a s h , F i x e d In c o m e , U . S . & I n t e r n a t i o n a l E q u i t y ) f o r t h e g i v e n ca t e g o r y . Ri s k L e v e l : Th e f u n d ’ s s t a n d a r d d e v i a t i o n i s m e a s u r e d a g a i n s t t he c a t e g o r y i t i s b e i n g a n a l y z e d i n . T h e f u n d p a s s e s i f i t f a l l s w i t h i n t h e ra n g e f o r t h a t c a t e g o r y . 9- 1 0 ) 6)5)4)3)2)1) Ri s k / R e t u r n Fa c t o r s – 3 0 % St y l e F a c t o r s – 30 % As s e t A l l o c a t i o n S t r a t e g i e s As s e t a l l o c a t i o n s t r a t e g i e s ar e i n v e s t m e n t s t r a t e g i e s t h a t i n v e s t i n a b r o a d a r ra y o f a s s e t c l a s s e s t h a t m a y i n c l u d e U . S . e q u i t y , i nt e r n a t i o n a l e q u i t y , e m e r g i n g m a r k e t s , re a l e s t a t e , f i x e d i n c o m e , h i g h y i e l d b o n d s a n d c a s h ( t o n a m e a f e w a s s e t c l a s s e s ) . T h e s e s t r a t e g i e s a re t y p i c a l l y s t r u c t u r e d i n e i t h e r a r i s k - b a s e d f o r m a t (the strategies ar e m a n a g e d t o a l e v e l o f r i s k , e . g . , c o n s e r v a t i v e or a g g r e s s i v e ) o r , i n a n a g e - b a s e d f o r m a t ( t h e s e s t ra t e g i e s a r e m a n a g e d t o a r e t i r e m e n t d a t e o r l i f e e xpectancy date, ty p i c a l l y g r o w i n g m o r e c o n s e r v a t i v e a s t h a t d a t e i s a p p r o a c h e d ) . F o r t h i s t y p e o f i n v e s t m e n t s t r a t e g y , th e Sc o r e c a r d SM Sy s t e m i s f o c u s e d o n h o w w e l l t h e s e m a n a g e r s ca n a d d v a l u e f r o m b o t h a s s e t a l l o c a t i o n a n d m a n a g e r s e l e c t i o n . Attachment number 2 \nPage 11 of 12 Item # 35 Up d a t e d 2 / 2 3 / 2 0 1 0 40 1 k - 1 1 0 3 Pa g e 1 2 o f 1 2 Di s c l o s u r e s a n d N o t e s So m e f u n d s , a c c o u n t s , o r s h a r e c l a s s e s u s e d i n t h e e nc l o s e d a n a l y s i s m a y no t b e a v a i l a b l e f o r i n v e s t m e n t . P e r f o r m a n c e h i s t o r y p r io r t o i n c e p t i o n ( i f ap p l i c a b l e ) r e f l e c t s a n o t h e r s h a r e c l a s s o r a c c o u n t r ef l e c t i n g t h e a d v i s o r ’ s hi s t o r i c a l p e r f o r m a n c e r e c o r d . In v e s t m e n t o b j e c t i v e s a n d s t r a t e g i e s v a r y a m o n g f u n d , a n d m a y n o t b e si m i l a r f o r f u n d s i n c l u d e d i n t h e s a m e a s s e t c l a s s . Pe r f o r m a n c e d a t a q u o t e d r e p r e s e n t s p a s t p e r f o r m a n c e a n d d o e s n o t gu a r a n t e e f u t u r e r e s u l t s . T h e i n v e s t m e n t r e t u r n a n d p ri n c i p a l v a l u e o f a n in v e s t m e n t w i l l f l u c t u a t e s o t h a t a n i n v e s t o r ’ s s h a r e s, w h e n r e d e e m e d , m a y be w o r t h m o r e o r l e s s t h a n t h e i r o r i g i n a l c o s t . C u r r e n t p e r f o r m a n c e m a y b e lo w e r o r h i g h e r t h a n t h e p e r f o r m a n c e d a t a q u o t e d . Th e p e r f o r m a n c e d a t a q u o t e d m a y n o t r e f l e c t t h e d e d u ct i o n o f a d d i t i o n a l fe e s , i f a p p l i c a b l e . I f r e f l e c t e d , a d d i t i o n a l f e e s w o u l d r ed u c e t h e p e r f o r m a n c e qu o t e d . Pe r f o r m a n c e d a t a i s s u b j e c t t o c h a n g e w i t h o u t p r i o r no t i c e . Pe r f o r m a n c e o f i n d e x e s r e f l e c t s t h e u n m a n a g e d r e s u l t f o r t h e m a r k e t se g m e n t t h e s e l e c t e d s t o c k s r e p r e s e n t . I n d e x e s a r e u nm a n a g e d a n d n o t av a i l a b l e f o r d i r e c t i n v e s t m e n t . Th e i n f o r m a t i o n u s e d i n t h e a n a l y s i s h a s b e e n t a k e n f ro m s o u r c e s d e e m e d to b e r e l i a b l e , i n c l u d i n g , t h i r d - p a r t y p r o v i d e r s s u c h a s Ma r k o v P r o c e s s e s In t e r n a t i o n a l , M o r n i n g s t a r , fi r m s w h o m a n a g e t h e i n v e s t m e n t s , a n d / o r t h e re t i r e m e n t p l a n p r o v i d e r s w h o o f f e r t h e f u n d s . Ev e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e c o m p le t e n e s s a n d ac c u r a c y ; h o w e v e r , t h e f i n a l a c c u r a c y o f t h e n u m b e r s an d i n f o r m a t i o n i s t h e re s p o n s i b i l i t y o f t h e i n v e s t m e n t m a n a g e r ( s ) o f e a c h f un d a n d / o r t h e re t i r e m e n t p l a n p r o v i d e r s o f f e r i n g t h e s e f u n d s . D i s c r e pa n c i e s b e t w e e n t h e fi g u r e s r e p o r t e d i n t h i s a n a l y s i s , a n d t h o s e r e p o r t e d by t h e a c t u a l i n v e s t m e n t ma n a g e r s a n d / o r r e t i r e m e n t p l a n p r o v i d e r s , m a y b e c a us e d b y a v a r i e t y o f fa c t o r s , i n c l u d i n g : I n a c c u r a t e r e p o r t i n g b y t h e m a n a g e r /p r o v i d e r ; C h a n g e s i n re p o r t i n g b y t h e m a n a g e r / p r o v i d e r f r o m t h e t i m e t h i s re p o r t w a s p r e p a r e d t o a s u b s e q u e n t r e t r o - a c t i v e a u d i t a n d c o r r e c t e d r e p o r t in g ; D i f f e r e n c e s i n f e e s an d s h a r e - c l a s s e s i m p a c t i n g n e t i n v e s t m e n t r e t u r n ; a n d , S c r i v e n e r s e r r o r pr e p a r i n g t h i s r e p o r t . Th e e n c l o s e d I n v e s t m e n t D u e D i l i g e n c e r e p o r t , i n c l u d i n g t h e S c o r e c a r d SM Sy s t e m , i s i n t e n d e d f o r p l a n s p o n s o r a n d / o r i n s t i t u t i o na l u s e o n l y . T h e ma t e r i a l s a r e n o t i n t e n d e d f o r p a r t i c i p a n t u s e . Fu n d s c o r e s w i l l c h a n g e a s t h e p e r f o r m a n c e o f t h e f u n ds c h a n g e a n d a s ce r t a i n f a c t o r s m e a s u r e d i n t h e q u a l i t a t i v e c a t e g o r y c h an g e ( e . g . , m a n a g e r te n u r e ) . F u n d s c o r e s a r e n o t e x p e c t e d t o c h a n g e d r a ma t i c a l l y f r o m e a c h me a s u r e d p e r i o d , h o w e v e r , t h e r e i s n o g u a r a n t e e t h i s w il l b e t h e c a s e . Sc o r e s w i l l c h a n g e d e p e n d i n g o n t h e c h a n g e s i n t h e u n d e rl y i n g p r e - sp e c i f i e d S c o r e c a r d f a c t o r s . Ne i t h e r p a s t p e r f o r m a n c e o r s t a t i s t i c s c a l c u l a t e d u s i n g p a s t p e r f o r m a n c e a r e a g u a r a n t e e o f a f u n d ’ s f u t u r e p e r f o r m a n c e . L i k e w i s e , a f u n d ’ s s c o r e u s i n g th e S c o r e c a r d SM Sy s t e m d o e s n o t g u a r a n t e e t h e f u t u r e p e r f o r m a n c e o r style co n s i s t e n c y o f a f u n d . Th e p u r p o s e o f t h i s r e p o r t i s t o a s s i s t f i d u c i a r i e s i n s e le c t i n g a n d m o n i t o r i n g in v e s t m e n t o p t i o n s . A f u n d ’ s s c o r e i s m e a n t t o b e u s e d b y t h e p l a n s p o n s o r an d / o r f i d u c i a r i e s a s a t o o l f o r s e l e c t i n g t h e m o s t a p pr o p r i a t e f u n d . Fu n d s e l e c t i o n i s a t t h e d i s c r e t i o n o f t h e i n v e s t m e n t f i du c i a r i e s , w h i c h a r e ei t h e r t h e p l a n s p o n s o r o r t h e c o m m i t t e e a p p o i n t e d t o pe r f o r m t h a t f u n c t i o n . Ca s h E q u i v a l e n t s ( e . g . , m o n e y m a r k e t f u n d ) a n d s o m e s pe c i a l t y f u n d s a r e no t s c o r e d b y t h e S c o r e c a r d SM Sy s t e m . Th e e n c l o s e d I n v e s t m e n t D u e D i l i g e n c e r e p o r t a n d S c o r e c ar d i s n o t a n o f f e r to s e l l m u t u a l f u n d s . A n o f f e r t o s e l l m a y b e m a d e o n l y a ft e r t h e c l i e n t h a s re c e i v e d a n d r e a d t h e a p p r o p r i a t e p r o s p e c t u s . Fo r t h e m o s t c u r r e n t m o n t h - e n d p e r f o r m a n c e , p l e a s e c on t a c t R e t i r e m e n t Pl a n A d v i s o r y G r o u p a t ( 8 7 7 ) 3 6 0 - 2 4 8 0 . Ca r e f u l l y c o n s i d e r t h e i n v e s t m e n t o b j e c t i v e s , r i s k fa c t o r s a n d ch a r g e s a n d e x p e n s e s o f t h e i n v e s t m e n t c o m p a n y b e f o re in v e s t i n g . T h i s a n d o t h e r i n f o r m a t i o n c a n b e f o u n d in t h e f u n d ’ s pr o s p e c t u s , w h i c h m a y b e o b t a i n e d b y c o n t a c t i n g y o u r In v e s t m e n t A d v i s o r / C o n s u l t a n t o r V e n d o r / P r o v i d e r . R ead the pr o s p e c t u s c a r e f u l l y b e f o r e i n v e s t i n g . Fo r a c o p y o f t h e m o s t r e c e n t p r o s p e c t u s , p l e a s e c o ntact your In v e s t m e n t A d v i s o r / C o n s u l t a n t o r V e n d o r / P r o v i d e r . Attachment number 2 \nPage 12 of 12 Item # 35 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve a contract in the amount of $428,857.50 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period, October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered\ latent fingerprint examination, property/evidence storage, and crime scene processing services and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost of the proposed Fiscal Year 2013/2014 agreement is $428,857.50 reflecting a 9.38% decrease of in cost from the 2012/2013 contract for services primarily due to a contractual reduction in the calls for service requiring crime scene processing, and a reduction in the number of items submitted by the CPD to the Sheriff’s Office Property and Evidence Division. The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - $81,752.00; Forensic Science Services (Crime Scene Processing) - $212,278.50 (1,050 calls @ $202.17 per call); Evidence and Property Service and Storage - $92,827.00 (8,900 submissions @ $10.43 per submission); Pinellas Juvenile Assessment Center (PJAC) - $42,000 (500 bookings @ $84 per booking). Requests for services in excess of the number of contractual calls will be invoiced separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the City. Funding for this contractual agreement is available in the Police Department’s Fiscal Year 2013/2014 operating budget. Type:Operating Expenditure Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$ 0.00 Annual Operating Cost:428,857.50 Not to Exceed:Total Cost:428,857.50 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 010-01155-530300-521-000 428,857.50 Review Approval: Cover Memo Item # 36 Attachment number 1 \nPage 1 of 10 Item # 36 Attachment number 1 \nPage 2 of 10 Item # 36 Attachment number 1 \nPage 3 of 10 Item # 36 Attachment number 1 \nPage 4 of 10 Item # 36 Attachment number 1 \nPage 5 of 10 Item # 36 Attachment number 1 \nPage 6 of 10 Item # 36 Attachment number 1 \nPage 7 of 10 Item # 36 Attachment number 1 \nPage 8 of 10 Item # 36 Attachment number 1 \nPage 9 of 10 Item # 36 Attachment number 1 \nPage 10 of 10 Item # 36 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Angelo’s Recycled Materials, for operating expenditures in the amount of $360,000 for the disposal of solid waste at their site for the period October 1, 2013 through September 30, 2014 as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department collects bulk trash, yard waste, and construction and demolition debris from both commercial and residential customers. This trash and debris (which excludes anything that could putrefy or produce lechate that poses a health or environmental threat) is transported by city collection vehicles to the contractor’s State-permitted disposal facilities. During September 2012, the Purchasing Department advertised a request for bids (Bid 48-12) for the disposal services described above. Angelo’s Recycled Materials was awarded a contract by purchase order for the fiscal 2012/13 time period. Angelo’s Recycled Materials has provided the city with a letter stating that they would hold their pricing at the current level for the twelve-month period of October 1, 2013 through September 30, 2014. This is the first renewal of an annual contract with the same terms and conditions of the original contract. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$360,000 Annual Operating Cost:$360,000 Not to Exceed:Total Cost:$4,200,000 For Fiscal Year:10/1/2013 to 09/30/2014 Appropriation Code Amount Appropriation Comment 0-424-02082-543500-534 $140,000 Dump Fee Account 0-424-02089-543500-534 $220,000 Dump Fee Account Bid Required?:Yes Bid Number: 1st Renewal of Bid 48- 12 Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 37 Attachment number 1 \nPage 1 of 1 Item # 37 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,800,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill, October 1, 2013 through September 30, 2014, as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by other Governmental Entities, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County operates the only waste-to-energy plant and landfill in the county. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$3,600,000 Annual Operating Cost:$3,600,000 Not to Exceed:Total Cost:$4,200,000 For Fiscal Year:10/1/2012 to 9/30/2013 Appropriation Code Amount Appropriation Comment 0-424-02082-543500-534 1,580,000 Dump Fee Account 0-424-02083-543500-534 1,535,000 Dump Fee Account 0-424-02089-543500-534 685,000 Dump Fee Account Review Approval: Cover Memo Item # 38 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Award a Contract to Construction Manager at Risk, Biltmore Construction,Co., Inc. of Belleair, FL., for the guaranteed maximum price of $173,143.04 for rehabilitation of five bridges on Island Estates; and authorize the appropriate officials to execute same. (consent) SUMMARY: Recent inspections of the nine bridges on Island Estates by Kisinger Campo and Associates (KCA) indicated four bridges need to be replaced and the remaining five require some routine maintenance to extend their useful life. The five bridges included in this contract require; replacement of deteriorating expansion joints, concrete girder repair, concrete abutment repair, repairing deck underside spalls, and a concrete deck overlay to minimize water penetration and extend their life. Biltmore Construction, Co. Inc. of Belleair, Florida, was selected as the Construction Manager at Risk in accordance with the City’s Continuing Contract agreement. Sufficient revenue is available in Capital Improvement Program project 0315-92274, Bridge Maintenance and Improvements. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: See summary Current Year Cost:$173,143.04 Annual Operating Cost: Not to Exceed:$173,143.04 Total Cost:$173,143.04 For Fiscal Year:2012 to 2013 Appropriation Code Amount Appropriation Comment 0315-92274-563800-541-000- 0000 $173,143.04 See summary Review Approval: Cover Memo Item # 39 I S L A N D MAND A LAY IRIS CAUSEWAY ACACIA ST JEWEL SO ME RS ET CAMBRIA ST AVE BAY AS T E R DEVON ST AVE Blv d Juanita ROYAL C au s ew ay DR DR ST MANDALAY POINSETTIA PAPAYA BAYMONT SAN MARCO AVE BAY Ambler ROCKAWAY AVALON GLENDALE HEILW00D KEN DALL DR EAST DR ST SHORE E S P L A N A D EESPLANADE BAY POINSETTIA C Y P R U S WAY THIRD IDLEW ILD I S L A N D I S L A N D M I D W A Y Marina DOLPHIN PASSAGEWINDWARD MEMORIAL P A S S A G E W A Y Way D O R Y W AY P O I N T L A R B O A R D SKIFF P O I N T IS LA ND L E E W A R D I S L A N D I S L A N D N W P A L M S W P A L M H A R B O R S E N E IS LA N D SR-60 P A S S A G E CIREL D O R A D O ESPLANADE B O H E N I A BR U C E C IR GARDENIA MA N GO BOHENIA AVE AVE AVE NARCISSUS VERBENA ST ST LANTANA S N U G H A R B O R W I N D W A R D ISLAND DEVON Windward Passage - M. Bridge Windward Passage - E. Bridge Windward Passage - W. Bridge Island Way - N. Bridge, NBIsland Way - N. Bridge, SB LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK TM N.T.S.N/A N/A8/16/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: ISLAND ESTATES BRIDGES Document Path: V:\GIS\Engineering\Location Maps\IslandEstates.mxd Attachment number 1 \nPage 1 of 1 Item # 39 Attachment number 2 \nPage 1 of 5 Item # 39 Attachment number 2 \nPage 2 of 5 Item # 39 Attachment number 2 \nPage 3 of 5 Item # 39 Attachment number 2 \nPage 4 of 5 Item # 39 Attachment number 2 \nPage 5 of 5 Item # 39 Attachment number 3 \nPage 1 of 10 Item # 39 Attachment number 3 \nPage 2 of 10 Item # 39 Attachment number 3 \nPage 3 of 10 Item # 39 Attachment number 3 \nPage 4 of 10 Item # 39 Attachment number 3 \nPage 5 of 10 Item # 39 Attachment number 3 \nPage 6 of 10 Item # 39 Attachment number 3 \nPage 7 of 10 Item # 39 Attachment number 3 \nPage 8 of 10 Item # 39 Attachment number 3 \nPage 9 of 10 Item # 39 Attachment number 3 \nPage 10 of 10 Item # 39 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy granting appropriate authority to Duke for the purpose of providing electrical service to city-owned property located at 1875 Airport Drive; and authorize the appropriate officials to execute same. (consent) SUMMARY: Duke Energy (Duke) is planning upgrades to the distribution lines that service facilities at the Landings Golf Club of Clearwater adjacent to the Clearwater Airpark. Duke has requested that the City convey a distribution easement granting appropriate authority to access land described in Exhibit “A” of the easement to install, operate and maintain its facilities. Review Approval: Cover Memo Item # 40 This document prepared by Kristy Parker Return to: Duke Energy P O Box 14042 St. Petersburg, FL 33733 SEC: 12 TWP: 29S RGE: 15E COUNTY: Pinellas PROJECT: CW-13-196936 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 1875 AIRPORT DRIVE, CLEARWATER, FL. TAX PARCEL NUMBER: 12/29/15/00000/320/0100 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: Utility Easement more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove s aid facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non -exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s Attachment number 1 \nPage 1 of 5 Item # 40 facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto . Attachment number 1 \nPage 2 of 5 Item # 40 IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2013. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: _________________________________ __________________________________ Laura Lipowski Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2013 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Attachment number 1 \nPage 3 of 5 Item # 40 St. Andrews Cove II Condominium Condominium Plat Book 24, Page 113 LEGAL DESCRIPTION: A 15' Duke Energy Easement described as follows: Commence at the Northeast corner of the property described in the plat "St. Andrews Cove II Condominium" in Condominium Plat Book 24, Page 113, as recorded in the Public Records of Pinellas County, FL; thence 6 (DGLVWDQFHRIIHHWWRWKH3RLQWRI%HJLQQLQJ of a 15' centerline easement, with 7.5 feet on each side and parallel to WKHFHQWHUOLQHWKHQFH1 (DGLVWDQFHRI ZKHUHWKH centerline easement terminates, with the side lines of said strip to be shortened or lengthened to terminate at the East property line of said property described in said plat of St. Andrews Cove II Condominium. Northeast Corner Point of Commencement 1 ( Attachment number 1 \nPage 4 of 5 Item # 40 LEGAL DESCRIPTION: A 10' Duke Energy Easement described as follows: Commence at the Southeast corner of the property described in the plat "St. Andrews Cove II Condominium" in Condominium Plat Book 24, Page 113, as recorded in the Public Records of Pinellas County, FL and thence run East along the North Right-of-Way line of Airport Drive a distance of 423 feet to the Point of Beginning of a 10' centerline easement, with 5 feet on each side and parallel to the centerline; thence run North, a distance of 291.3', thence run East, a distance of 22.2' more or less, where the centerline easement terminates at the building with the side lines of said strip to be shortened or lengthened at each point of intersection and change of direction of said centerline easement. St. Andrews Cove II Condominium Condominium Plat Book 24, Page 113 Pro Shop Building Attachment number 1 \nPage 5 of 5 Item # 40 DREW ST N KEENE RD N HERCULES AVE AIRPORT DR HARDING ST GILBERT ST McKINLEY ST N MARS AVE PATRICIA AVE AMBLE LN GRAND AVE N CORONA AVE C I N C I N N A T I P K W Y PALMETTO ST FEATHER TREE DR MARILYN ST DREW PLZ TULANE RD HARDING PLZ WEAVER PARK DR BRANDON AVE N ORION AVE N CIRUS AVE N COMET AVE N MET EOR AVE FEAT H E R TREE CIR N AURORA AVE WEBER AVE N ARCTUR AS AVE RIDGEWOOD ST N VENUS AVE N CORONA AVE HARDING ST McKINLEY ST AIRPORT DR PALMETTO ST DISTRIBUTION EASEMENT TO DUKE ENERGY Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.280A 12-29s-15w8/28/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale : 1875 AIRPORT DRIVE PROPOSEDEASEMENTSPROPOSEDEASEMENTS Document Pa th: V:\GIS\Engineerin g\Location Maps\Airport Drive_Proposed Easement.mxd Attachment number 2 \nPage 1 of 1 Item # 40 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the final plat for Lakeside at Clearwater, whose physical address is 2165 Gulf to Bay Boulevard (S.R. 60). (consent) SUMMARY: This plat will create four lots on a parcel consisting of approximately 30 acres more or less. This property currently has one lot under development with the remaining three preparing for development. The property is located on the Southwest corner of Gulf to Bay Boulevard and Belcher Road. The property is within the city limits of Clearwater and the current zoning is commercial (C) and Medium Density Residential (MDR) The proposed project was approved by Development Review Committee on June 2, 2011 and the Community Development Board on July 19, 2011. Review Approval: Cover Memo Item # 41 GLENMOOR DRIVE CHAUCER RD SHELLEY EASTWOOD MANDARIN NORM ANDY WOODLEY CANTERBURY Bell Dr BURNICE WELLINGTON SANDRA SEVER LEES SANDRADR DR CT REBECCA JEFFORDS DR ST REBECCA RD SRD RD BELL CHEER DR Pkwy Pleasant GLENMOOR GLENMOOR UNIVERSITY DR DR S MINNEOLA GLENMOOR ST. CHARLES DO RADO PL HARN YORK UNIVERSITY DR W GUNN DR RD RD DrPark N CAMELLIA CORNELL NEPTUNE AVE CANTERBURY SE VAR D OXFORD RIPON DR RD AVEDR MAGNOLIA HERCULES RIPONDR DR CROYDON KENMOORE DR AL L E N RD BLVD ROGERS AVE Turner Druid W Dr Park AV E AURORA ME TEO R DR CO ME T AVE AV E HERCULES NIMBUS CIRUS ST AVE AVE AVE DREW DREW PLAZA ST MERCURY AVE CR-425 N Druid Cir S Druid Cir Druid N.E. C O A C H M A N MAYWOOD BARBER DR RD BLVD LANDRY WHITMANAVE AVE MAYWO OD TERRACE GULF-TO-BAY DR BELCHER COLLEGE ACADEMY CAMPUS Univers ity Ct DR D R DR SR-60 BAMBOO L N RD STARCRES T DR CR-501 MAIN AVE CR-528 GROVEWOOD BASCOM WAY JAFFA PL BELCHER ANNA GROVEWOOD CHINABERRY CT AVE HENNESEN ST FERNWOOD AVE CT RD DRUID ST NASH MAPLEWOOD ST DR AVE AVE BAYWOOD AVE PINEWOOD ^ PLATLOCATIO N Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.298 B 13-29s-15e5/07/2 013Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: 2165 GULF-to-BAY BLVD.LAKESIDE AT CLEARWATER PLAT DRUID Path: V:\GIS\Engine ering\Lo cation Ma ps\Lakeside at Clearwater 2165 GTB PlatMap.mxd Attachment number 1 \nPage 1 of 1 Item # 41 Attachment number 2 \nPage 1 of 8 Item # 41 Attachment number 2 \nPage 2 of 8 Item # 41 Attachment number 2 \nPage 3 of 8 Item # 41 Attachment number 2 \nPage 4 of 8 Item # 41 Attachment number 2 \nPage 5 of 8 Item # 41 Attachment number 2 \nPage 6 of 8 Item # 41 Attachment number 2 \nPage 7 of 8 Item # 41 Attachment number 2 \nPage 8 of 8 Item # 41 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Reappoint Robert Peter Stasis and appoint Linda S. Varonich to the Environmental Advisory Board with terms to expire September 30, 2017. SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: D. Michael Flanery MEETING DATES: Quarterly Meetings – 3rd Wed., 4 pm (Jan., April, July, Oct.) PLACE: MSB Conf. #221 APPTS. NEEDED: 2 STAFF LIAISON: Edward F. Chesney/Engineering THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Elizabeth Drayer – 3175 Hyde Park Dr., 33761– Original Appointment 2/17/11 Interest in reappointment: No (finishing unexpired term until 9/30/13) 2. Robert Peter Stasis – 3256 Fox Hill Dr., 33761 – Original Appointment 9/17/09 Interest in reappointment: Yes - (1st term expires 9/30/13) (0 Absences in the last year) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Lindsay Collins - 2055 Wilson Blvd., 33755 - CPA 2. Ellen Cosgrove - 1111 N. Bayshore Blvd., #D1, 33759 - Retired/U.S. Diplomat 3. Joseph Nycz - 2576 Forest Run Ct., 33761 - Retired/Code Enf. Supv. 4. Linda S. Varonich - 1482 Premier Village Way, 33764 - Public Health Sanitarian 5. Ashley Wilson Pimley - 830 Lantana Ave., 33767 - Realtor Zip codes of current members: 1 at 33755 3 at 33761 1 at 33767 Review Approval: Cover Memo Item # 42 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Robert Peter Stasis Home Address: 3256 Fox Hill Drive Clearwater, FL Telephone: 727 - 787 -1335 Cell Phone: 813 - 335 -0922 Zip 33761 Office Address: 324 S. Hyde Park Ave., Suite 250 Zip 33606Tampa, FL Telephone: 813- 258 -0703 E -mail Address: pstasis@jonesedmunds.com How long a resident of Clearwater? 23 years (1990 — Current) Occupation: Engineer /Office Manager/V.P. Field of Education: Mechanical Engineering Northeastern University, Boston, MA Employer: Jones Edmunds & Associates, Inc. Other Work Experience: Managing Engineer— Boyle Eng. /AECOM Director Utilities — TBE Group Director Utilities Eng. — Pinellas County V.P. Environmental Resource - HDR If retired, former occupation: Community Activities: Other Interests: Boating, Motorcycling, Bicycling, Handyman Board Service (current and past): Board Preference: L -C;SIAIIVE SRVCS 9 7P1 Environmental Advisory Board — Past Chairman (2009 — Current) FES Pinellas: Board of Directors (2007 — Current), ASHE Tampa: Board of Directors (2004 — 2009), Curlew UMC: Board of Directors (2012 — Current) Additional Comments: 0:71CpAl RECORDS AND Signature: 61-41 Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Attachment number 1 \nPage 1 of 2 Item # 42 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To offer advice to the City Council through board motions on environmental issues brought before the EAB. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes. I have had the opportunity to present before the Board of County Commissioners and the City of Clearwater's Council on numerous occasions. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I am a current member of the EAB and Past Chairperson. I am also a Past President of the Florida Engineering Society - Pinellas Chapter and of the American Society of Highway Engineers - Tampa Section. I have been employed in a management capacity for both public and private sectors of our region in Florida. I am also an alumni of the USF Institute of Government "Executive Fellows Leadership Development Program'; Class of 2000. 4. Why do you want to serve on this Board? It's an opportunity to give back to my community. I have enjoyed my previous 4 years on the EAR :and would like to continue. Name: R. Peter Stasis, P.E. Board Name: Environmental Advisory Board Attachment number 1 \nPage 2 of 2 Item # 42 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Lindsay Collins Home Address: Office Address: 2055 Wilson Blvd 100 Second Avenue South Clearwater, FL Zip 33755 St. Petersburg, FL Zip 33701 Telephone: 727 - 565 -1805 Telephone: 727 - 821 -6161 Cell Phone: 646- 436 -4339 E -mail Address: Icollinscpa @gmail.com How long a resident of Clearwater? 6.5 years Occupation: CPA Employer: Gregory Sharer & Stewart Field of Education: Other Work Experience: Accounting Various accounting positions Political Science If retired, former occupation: Community Activities: Neighborhood Association Other Interests: Global and domestic environmental issues Board Service (current and past): Board Preference: None Environmental Advisory Board Additional Comments: I have a keen interest in environmental issues and I am in the process of taking two courses, 1) Solar Energy and 2) Introduction to Water Treatment, that would furnish me with Certificates of Mastery when completed. Signature: Date: 8/15/2013 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 2 \nPage 1 of 2 Item # 42 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The Environmental Advisory Board addresses certain environmental issues facing Clearwater and advises the City Council on the appropriate course of action to be taken. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I have observed many board meetings on television but I don't believe any of Clearwater. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have a keen interest in environmental issues and I am in the process of taking two courses, 1) Solar Energy and 2) Introduction to Water Treatment, that would furnish me with Certificates of Mastery when completed. 4. Why do you want to serve on this Board? Simply because I want to help Clearwater, I want to contribute to the community where I live and work, and I want to make a difference. Name:_Lindsay Collins Board Name: Environmental Advisory Board Attachment number 2 \nPage 2 of 2 Item # 42 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name Cosgrove, Ellen Home Address: Office Address: 1111 N. Bayshore Blvd. D -1 Clearwater FL Zip 33759 Zip Telephone: 727- 723 -7303 7Telephone: Cell Phone: E -mail Address: How long a resident of Clearwater? Six years Occupation: Retired Employer: Field of Education: Other Work Experience: Georgetown Univ. School of Foreign Service Simultaneous Interpreter, European Union and U.S. Dept. of State If retired, former occupation: U.S. diplomat Community Activities: President of condominium board Other Interests: Gardening, outdoor activities Board Service (current and past): Condominum board, various Embassy boards Such as housing, promotion boards Board Preference: Additional Comments: Signature: F___ ` I e Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 3 \nPage 1 of 3 Item # 42 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Assist and advise Clearwater authorities on environmental initiatives in the Municipality. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Deep knowledge of and interest in environmental issues. Long background in diplomacy and management. 4. Why do you want to serve on this Board? love Clearwater, and would like to give back by working with energy and imagination to improve our compromised waterways, safeguard wildlife, expand green spaces. Attachment number 3 \nPage 2 of 3 Item # 42 Name:_Ellen Cosgrove Board Name:_ Environmental Advisory Board Attachment number 3 \nPage 3 of 3 Item # 42 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: ©SLA // cz- Home Address Office Address: S77 /JALsr r0 (o1- Zip GG 277 6' Zip Telephone: ` ? 7 7 f / 8 / 71 Telephone: Cell Phone: 7)7 6 7' 7 0 92 E -mail Address: How long a resident of Clearwater? Occupation: C 7`/,,Zc-'Y / Employer: Field of Education: Other Work Experience: r.5/0I If retired, former occupation: n4 , Sip&i1_(// -5- Community Activities: Other Interests: A47//ife- 7 ,f2i J/z / Board Service (current and past): ` Board Preference: 4'' Additional Comments: 1‘177,1 o, Y LQA 1 117 / I / c / 51 ( 2,14/6 641/ Signature: Date: See ached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 4 \nPage 1 of 2 Item # 42 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Ut / 6 T 47 h O,1('7 r CA24 / ; A f /cz=2Yoi 4// , (// -1ii /v- 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? c=r) 0 V' 157Z 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? gidt- ajJ, 4" e / e (16-`m- ,l s ,9 /6c'/,1 -rye' 0,42-A,ey 4. Why do you want to serve on this Board? ., L 1/. : 'c l ir' U >1/1// l d fr ( / CCJ U v 1 fof/-": 6` ius/ 7e-& e-ty67 20 ee.AM/ nOW'n7ibt-> 9471 Oth (10/1/d e4w/ tW67/i2 Name. Of9I Board Name: &TiX Vi ivkivity / ,, ,42dr//2-ra€) i3t.t Attachment number 4 \nPage 2 of 2 Item # 42 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: Ltd a 5. Va ro n 1 GI() Home Address: Office Address: /VAPemrerVlla - e_ lea G (ear ate r zip-3 Zip Telephone: 7g7- 5-35--721 Telephone: Cell Phone: 7aT ' `f'033" 7V c1 ) E -mail Address: I Cx a 6CiA r ECO:e i 6 ^.` ... How long a resident of Clearwater? - d C.`= Amp F--{ RV; yer's rece n}- Occupation: (r C. H e (i-1 Sah j f -r(ate\ El oyer: Florida. Deft j r cu )+urp U .J Field of Education: Other Work Experience: b11Vt(-OnwI y1— S`f"ikfr`es) 1g -r. i.ne((as Cc urth1 DIec* c- : rah level: env; ror w,e' -a.( (A voter i.S. ba(fvfimackirQm v If retired, former occupation: fi€. 1 +(,, I h S ec r Community Activities: 74,S•TTeavni.eade,r- - Fa,'1-G, 44ct,vel fe- —Stn9r b- e1ia, -- ar # () - .1 - .+ re Clubs . loo Other Interests: Ell cti'd - l prd (- ctleiry','v h1 — G-ceilingit`G Board Service (current and past): Board Preference: J Nall ar3 z41'0\ -- C 1419nnev1 1) EnU reinv1eh1 -aI Alf Texas an fia4 --r a- 1,,Acl'v t' s ci ry Cc. z A-Fcr-d 019 1 e Notts g n Pio ,.1 It M echa-..icoR I vt/ e - -4x as - n '_,c. Additional Comments: (sec ' f t \ sur 'n c c vv. (a v & r Cara c& ate - Tura e''13 Pi h ea-as COO ri t C zcs lin; 1e'v s ; 1 r Signed: Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 5 \nPage 1 of 2 Item # 42 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ` J10a 5e Ci +y CpU c 1 v'\ernhers elv1 rovii4A. 1-C i rt) ti e 1-. -+- pro p o s . ill e t -f71 -7.vt (14-)-h e s /y r: C Om rn - :+ -f ecw5- 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? p 1 A I acf'i,e(0Y5) 1; rr ®n P Stt d'i es. /UO(' I- X ccs crew Your Ise - Y C ) 34- \IA(Ccvs'va , co r speci-s ch ern r.c ( eft 5 z8 i.e e17 ; co h 61. .1-aeAa s . ces 'rrv.. irk ov, rob I, c, ta4,,01K lelAetTo 0 r-0 Q ticA a-l-. CC Ioro cb A( as ?r:Zo 4. Why do you want to serve on this Board? Use f s; I is L v , v, r in VOID fee iso i d ( rrO Vr dl e cif ; Z s w,±I 1,)c A;)4, 4.0 6A.--d_s u' us d u r1 6---62, resources f- ' 3re eddy. -LT5 a c0U2,r'Z + lJ£ th' c fro cess. Name: Lise. d 5. Var (GA, Board Name: re, me/i/NfaQ J 4u;sery Attachment number 5 \nPage 2 of 2 Item # 42 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) 111 1ey [,cJi ISOi) P,mley/ Home Address: 830 J a,2— a'na_ PrVe. Calmaiafp .!%I mii- zip .33 7<07 Telephone: Cell Phone: 12 7- 6 q - 8 yS-O How long a resident of Clearwater? /D,r /gcr,t,a.J Occupation: a it of - Field of Education: OIito (S-f-ale QrtU l nc'v r'S r;c D TD Lo If retired, former occupation: Community Activities: Office Address: y B rnandaIay ,9vP. ChaA urt- ,i aa(:L zip .3767 Telephone: E -mail Address:. i I l_/# rY. Employer:Ata/v) 9-nt it j P;ccden f Other Work Experience: AALL,/ / L ainit ._zhct!cet wL vB Other Interests: Board Service (current and past): Board Preference: 77 ill on/YJer/ /a//gd & /,Lrdrl, L3' 740C- Additional Comments: a4td e d'e,az.• ,J Of ) Signature: Date: wijL. See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits L-" . t• Valid current Florida Drivers' License issued to an address within city limits AuG Declaration of Domicile filed with the city clerk affirming residency within city limits 1 s-iy `c 0 a;3 E"iJ fie LEGISLATIVE S bVCs DEPT Attachment number 6 \nPage 1 of 2 Item # 42 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 4 (uaA 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? Pip p e2n f V/iffszli,a a4teol dtci 7161; gait) ,SSac D V ) .l %G GNU Q_iL CAL. p•LD 7L.e D'ZC/u Name: fi,fri l.eLi (n) r 1,5n1.1 p)i rYl Iec' Board Name: Ehyiry N fid(JISOnq 0a/2d-- Attachment number 6 \nPage 2 of 2 Item # 42 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8483-13 and 8484-13 on first reading. SUMMARY: The fiscal year 2012/13 Operating and Capital Improvement Budgets were adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The attached memorandum and the accompanying report provide this information and outline the issues at third quarter that require amendment. Review Approval: Cover Memo Item # 43 Third Quarter Budget Review Fiscal 2012-13 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: September 6, 2013 Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October, 2012 through June, 2013) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $2,761,521. The major reason for the overall General Fund expenditure increase at third quarter is the budget increase of $2,131,895 in Police and Fire for the supplemental pension plans which is offset by plan revenue. Historically, these revenues and expenditures were reflected in a separate fund, but the Government Finance Officers Association (GFOA) requires that the supplemental plans be reflected in the General Fund. Amendments include appropriations of General Fund retained earnings at third quarter which include $150,000 to fund the Centennial Celebration project and $155,000 to fund the settlement agreement between the City and Clearwater Fire Rescue employees, both of which were previously approved by the Council. Expenditure increases include an allocation of General Fund retained earnings for $176,690 to fund retirement payouts in the Police department. Other expenditure increases include $77,000 for Pier 60 operations which is offset by increased Pier 60 revenues, and $70,935 for Police services which is offset by revenue reimbursements from various agencies. In addition, enhanced revenues are recognized at third quarter representing the return of $916,155.16 in General Fund revenues from the closure of the RNC Police Overtime and RNC Fire Overtime special program projects and the Carpenter/Bright House Field Improvements capital project. With the increase in revenues outlined here, the net transfer to retained earnings is approximately $434,465 at third quarter. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2012 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $19.7 million, or 17.4% of the current year’s General Fund budget, exceeding our reserve policy by $10.1 million. Attachment number 1 \nPage 1 of 3 Item # 43 Third Quarter Budget Review Fiscal 2012-13 City Manager's Transmittal Significant amendments to other City Operating Funds are noted as follows. Stormwater Fund Third quarter amendments reflect an allocation of $314,980.55 from Stormwater Fund reserves – Prospect Lake Buy-in-District transferred to project 315-96125, Town Lake as previously approved by the Council. Gas Fund Third quarter budget amendments to the Gas Fund expenditures reflect a net increase of $119,870. This increase is primarily the result of the following amendments; decreases of $150,000 in propane, $115,000 in professional services and $40,000 in natural gas fuel; increases of 80,500 in operating supplies and $36,000 in garage service charges; and a transfer of $300,000 to capital improvement project 315 -96386, Expanded Energy Conservation due to the increase in demand for new customer mains and service lines outside of the City Clearwater. These expenditure increases are offset by increases to Gas Fund revenues. Solid Waste Fund Budget amendments to the Solid Waste Fund expenditures reflect a net increase of $377,734 at third quarter. Amendments include allocations from Solid Waste Fund reserves for $275,000 is transferred to capital project 315-93631, Phillip Jones Park Renovation and $189,414 is transferred to capital project 315-96445, Solar Trash and Recycling Kiosks which were previously approved by the Council. Other major amendments include decreases of $140,000 in dump fees and $73,850 in personal services; and increases of $110,800 in garage service and repair charges and $20,000 in operating supplies. Recycling Fund Budget amendments to the Recycling Fund expenditures reflect a net increase of $1,390,560 at third quarter. This increase is primarily the result of the following amendments; decreases of $20,000 to inventory for resale and $118,140 to interfund service charges; increases of $15,000 to contractual services and $13,000 to garage services and repair charges; and an allocation of $1,500,000 from Recycling Fund reserves transferred to capital project 315-96446, Single Stream Recycling Carts as previously approved by the Council. Administrative Services Fund Third quarter budget amendments reflect an appropriation of $86,161 in Administrative Services fund reserves to fund the efficiency study contract in the Customer Service Department as previously approved by the Council. Capital Improvement Fund Third quarter amendments to the Capital Improvement Fund reflect a net decrease of $27,281,542. The main reason for this decrease is the elimination of $27,054,710 in 2014 Water and Sewer Bond Proceeds from all Water and Sewer projects, this interim financing will not be required until fiscal year 2016. Other significant amendments include the funding for the Single Stream Recycling Carts project for $1,500,000 from Recycling Fund reserves; funding for the Marina District Boardwalk and Entry Node project for $606,510 from Special Development Fund reserves; funding for the Town Lake project for $314,980.55 from Stormwater Fund Reserves and $85,538.55 from Fee in Lieu of Drainage Retention; and funding for the Phillip Jones Park Renovation for $275,000 and the Solar Trash and Recycling Kiosks for $189,414 from Solid Waste Fund reserves. All major project budget increases listed above have been previously approved by Council and are also summarized on page 20. Attachment number 1 \nPage 2 of 3 Item # 43 Third Quarter Budget Review Fiscal 2012-13 City Manager's Transmittal Project activity not previously approved by the Council, includes: an increase of $300,000 in Gas Fund revenue for the Expanded Energy Conservation project; an increase of $40,000 in Stormwater Utility revenue for the Smallwood Circle project; and an increase of $25,000 in Marine revenue for the Utilit ies Services Replacement project. The Joe DiMaggio Sports Complex Renovation project is being decreased by $3,600,000 of Other State Grant Revenue, due to the lack of grant funding this project will not be completed and will be closed at third quarter. Special Program Fund The Special Program Fund reflects a net budget increase of $462,373 at third quarter. Amendments include the closure of the RNC Police Overtime, and RNC Fire Overtime projects which will return $916,137.16 to the General Fund. A transfer of $150,000 from General Fund unappropriated retained earnings is recognized to establish the Centennial Celebration project as previously approved by Council. Other significant amendments reflect the recognition of over $245,000 in grant proceeds supporting programs for the Report Review Team, Investigative Cost Recovery and the new AmeriCorps contract; almost $296,000 for the special events and sponsorships programs in the last three months; $162,000 in fines and court proceeds to support public safety programs; over $447,000 in revenues for police outside duty contractual services; and a decrease of $56,825 in Community Development Block Grant revenue transferred to provide funding for the North Greenwood Athletics Fields capital project. An appropriation of $100,000 from Special Program Fund unassigned fund balance is recognized to allocate funds for the Pier 60 Refurbishment project. This was approved by the Council in March and listed in the mid year report, however was not reflected in the amended mid year ordinance. Attachment number 1 \nPage 3 of 3 Item # 43 CITY OF CLEARWATER THIRD QUARTER SUMMARY 2012/13 FY 12/13 Amended Third Third Third Adopted Previous Quarter Quarter Quarter Amended Description Budget Quarter Projected Actual Variance %Adjustment Budget General Fund: Revenues 113,391,470 115,026,788 86,281,705 87,874,301 1,592,596 2%2,761,521 117,788,309 Expenditures 113,391,470 115,026,788 90,232,806 87,673,433 2,559,373 3%2,761,521 117,788,309 Utility Funds: Water & Sewer Fund Revenues 65,307,170 81,400,916 48,570,421 49,453,837 883,416 2%- 81,400,916 Expenditures 64,138,060 80,231,806 66,537,840 64,654,030 1,883,810 3%- 80,231,806 Stormwater Fund Revenues 18,444,180 18,482,417 12,332,090 12,442,730 110,640 1%314,981 18,797,398 Expenditures 18,444,180 18,482,417 15,886,459 15,295,712 590,747 4%314,981 18,797,398 Gas Fund Revenues 39,786,640 42,309,405 31,357,085 30,130,300 (1,226,785) -4%482,500 42,791,905 Expenditures 34,595,830 36,266,488 28,776,197 27,433,955 1,342,242 5%119,870 36,386,358 Solid Waste Fund Revenues 19,727,860 19,822,607 14,919,321 15,082,296 162,975 1%538,174 20,360,781 Expenditures 18,555,090 18,346,437 14,004,549 13,605,483 399,066 3%377,734 18,724,171 Recycling Fund Revenues 2,945,650 2,966,704 1,979,626 1,974,280 (5,346) 0%1,473,460 4,440,164 Expenditures 2,945,650 2,939,024 2,254,041 2,147,338 106,703 5%1,390,560 4,329,584 Enterprise Funds: Marine Fund Revenues 4,563,620 4,472,910 3,287,046 3,104,603 (182,443) -6%- 4,472,910 Expenditures 4,510,610 4,427,900 3,237,050 3,069,323 167,727 5%- 4,427,900 Airpark Fund Revenues 260,000 301,906 195,844 195,999 155 0%- 301,906 Expenditures 155,290 205,676 169,484 166,179 3,305 2%- 205,676 Clearwater Harbor Marina Fund Revenues 476,200 478,402 372,955 456,385 83,430 22%- 478,402 Expenditures 394,830 402,032 310,860 285,924 24,936 8%- 402,032 Parking Fund Revenues 4,497,500 4,550,224 3,534,024 3,775,462 241,438 7%1,568 4,551,792 Expenditures 4,007,790 4,018,721 3,066,329 2,955,812 110,517 4%- 4,018,721 Harborview Center Revenues 148,000 63,260 47,995 42,929 (5,066) -11%(7,000) 56,260 Expenditures 41,350 41,350 31,633 15,101 16,532 52%- 41,350 Internal Service Funds: General Services Fund Revenues 4,646,940 4,704,283 3,517,638 3,564,292 46,654 1%- 4,704,283 Expenditures 4,579,400 4,636,743 3,562,265 3,346,777 215,488 6%- 4,636,743 Administrative Services Revenues 9,215,200 9,299,534 6,890,299 6,842,440 (47,859) -1%86,161 9,385,695 Expenditures 9,109,930 9,194,264 7,129,940 6,612,521 517,419 7%86,161 9,280,425 Garage Fund Revenues 13,012,810 13,190,192 9,738,348 9,743,302 4,954 0%- 13,190,192 Expenditures 13,012,810 13,190,192 10,033,960 9,420,408 613,552 6%- 13,190,192 Central Insurance Fund Revenues 19,975,660 21,175,660 13,745,585 14,092,535 346,950 3%- 21,175,660 Expenditures 19,975,660 21,175,660 16,196,114 14,489,149 1,706,965 11%- 21,175,660 Attachment number 2 \nPage 1 of 1 Item # 43 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2012-13 REPORT PAGE # General Fund Operating Budget .................................................................................................................. 3 Utility Funds Operating Budget ..................................................................................................................... 9 Other Enterprise Funds Operating Budgets .............................................................................................. 14 Internal Service Funds Operating Budgets ................................................................................................ 17 Capital Improvement Program Budget ....................................................................................................... 20 Special Program Fund Budget.................................................................................................................... 32 Special Development Funds ....................................................................................................................... 39 Administrative Change Orders .................................................................................................................... 43 Ordinances .................................................................................................................................................. 44 Third quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2012 through June 30, 2013. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2013. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 20, 2012. Third Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Third Quarter Actual Self-explanatory. Variance Difference between Third Quarter projected and Third Quarter actual. Variance % % of variance to Third Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Third Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Attachment number 3 \nPage 1 of 2 Item # 43 2 Capital Improvement Projects The amended 2012/13 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2012, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Third Quarter review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Attachment number 3 \nPage 2 of 2 Item # 43 Increase/ (Decrease)Description Property Taxes 134,130 At third quarter,basically all property tax revenues have been received.The budget is increase by $134,130 to reflect actual collections for the year. Franchise Fees (856,330) At third quarter,franchise fee revenues reflect an 16% negative variance primarily related to the Progress Energy fee. Revenues received to date are 15%less than expected due to mild winter weather patterns.A reduction of $856,330 is recommended to bring the budget in line with actual receipts for the final months of the year. Utility Tax 100,000 At third quarter,an increase of $100,000 is recommended to bring the budget in line with actual receipts for the final months of the year. Licenses and Permits 335,200 At third quarter,license and permit revenue reflect a 14% positive variance.Amendments increasing building/sign permits by $300,000;and forfeited refundable permit fee by $35,200 is recommended to bring the budget in line with actual receipts for the final months of the year. Intergovernmental Sales Tax 287,000 At third quarter,sales tax revenues reflect a 5%positive variance for the current year and 4%greater than the same period of the prior year.An amendment increasing sales tax revenue by $287,000 is recommended to bring the budget in line with actual and anticipated receipts for the final months of the year. Communications Tax (300,000) Third quarter communications tax revenue collections are approximately 7%less than anticipated for the current year and 6%less than the same period of fiscal year 2011/12.A decrease of $300,000 is recommended to bring the budget in line with actual and anticipated collections for the final months of the year. City of Clearwater General Fund Revenues Third Quarter Amendments FY 2012/13 3 Attachment number 4 \nPage 1 of 3 Item # 43 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2012/13 Other Intergovernmental 2,599,977 At third quarter,other intergovernmental revenues reflect a net increase of $2,599,976.72.Amendments include:1)an increase of $68,081.72 in reimbursements supporting the Joint Terrorism Task Force,the Drug Enforcement Agency, the FBI,the Secret Service and the presidential inauguration which offset expenditure increases in the Police Department; 2)an increase of $2,131,895 based upon direction of the Government Finance Officer's Association (GFOA)which believes that our state monies for Police and Fire supplemental plans should not be received by the plans,but instead recorded as a revenue and as an expenditure for City employer contributions to the General Fund budget;3)an increase of $50,000 in Fire Tax revenue to reflect projections through year end;and 4)an increase of $350,000 in EMS Tax revenue to reflect projections through year end. Charges for Service 77,000 At third quarter,Charges for Service revenue reflects an increase of $77,000 to Pier 60 revenues which offset increases to Pier 60 expenditures.These increases were approved by the Council on August 14, 2013. Fines & Forfeitures At third quarter,fines and forfeitures revenues reflect a 5% negative variance primarily due to timing of the posting of court fines from Pinellas County Clerk of the Court.No amendments are proposed. Interest Income (100,000) Revenue for interest earnings through third quarter is approximately 34%less than anticipated.A reduction of $100,000 is recommended to bring the budget in line with actual and anticipated revenues for the final months of the year. Miscellaneous 2,854 At third quarter,miscellaneous revenues reflect an increase of $2,854 representing reimbursement revenue from All Children's Hospital,Target and Verizon for support from the Police department.This increase is offset by increased expenditures in Police. 4 Attachment number 4 \nPage 2 of 3 Item # 43 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2012/13 916,155 At third quarter,interfund charges/transfer in revenue reflects the return of $916,155.16 in General Fund revenues from the following closed special program projects:$796,429.82 from project 181-99201,RNC Police Overtime;and $119,707.34 from project 181-99203,RNC Fire Overtime.A return of $18.00 in General Fund revenues is also recognized from closed capital project 315-93628,Carpenter/Bright House Field Improvements. Third quarter amendments reflect a net return of $792,182.71 to General Fund retained earnings.Amendments represent the following allocations: 176,690 1)An appropriation of $176,690 from retained earnings to fund retirement payouts of thirteen employees in the Police Department. 150,000 2)An appropriation of $150,000 from retained earnings to fund the special program project 181-99867,Centennial Celebration as approved by the Council on July 18, 2013. 155,000 3)An appropriation of $155,000 from retained earnings to fund the settlement agreement between the City and Clearwater Fire Rescue employees as approved by the Council on September 5, 2013. (916,155) 4)A reduction to the use of General Fund reserves by $916,155.16 will bring the General Fund in balance at third quarter.This reduction represents the return of funds from the following closed projects:$796,429.82 from 181-99201,RNC Police Overtime;$119,707.34 from project 181-99203,RNC Fire Overtime;and $18.00 from project 315-93628, Carpenter/Bright House Field Improvements. (434,465) 2,761,521 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Interfund Charges/ Transfers In 5 Attachment number 4 \nPage 3 of 3 Item # 43 Increase/ (Decrease)Description (45,000) Third quarter amendments to the City Manager's Office reflects a decrease of $45,000 which represents funding from the flexibilty fund to offset the increase in the Planning department to fund the US 19 Code Amendments Consulting Contract. 700 Third quarter amendments to the City Audit program reflect an increase of $700.This small department has had no vacancies and is unable to achieve the salary savings,this increase is offset by savings in the Non-Departmental program. 1,416,391 Third quarter amendments to the Fire Department reflect an increase of $1,261,391 for the City's contribution to the Fire supplemental plan based upon guidance of the Government Finance Officer's Association (GFOA)which believes that our state monies for Police and Fire Supplemental plans should not be received by the plans,but instead be recorded as a revenue and an expenditure for City employer contributions in the General Fund.This budget expenditure increase is offset by a revenue amendment recognizing the supplemental revenue.A second amendment reflects an increase to legal settlements by $155,000 to fund the settlement agreement between with Clearwater Fire Rescue employees as approved by the Council on September 5,2013.This increase is offset by revenue recognizing an allocation from General Fund unappropriated retained earnings. 77,000 Third quarter amendments to the Marine and Aviation category reflect an increase of $77,000 to Pier 60 operations.These expenditure increases are offset by an increase to Pier 60 revenues as approved by the Council on August 14, 2013. 2,500 Third quarter amendments to the Office of Management and budget reflects an increase of $2,500.This small department has had no vacancies and is unable to achieve the salary savings or absorb increased printing costs.This increase is offset by savings in the Non-Departmental program. 45,000 Third quarter amendments to the Planning department represent an increase of $45,000 in contractual services for the US 19 Code Amendments Consulting Contract.This increase is offset by a reduction to flexibility funds in the City Manager's Office. City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2012/13 Fire Marine & Aviation City Audit Office of Management and Budget City Manager's Office Planning 6 Attachment number 5 \nPage 1 of 2 Item # 43 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2012/13 1,118,130 Third quarter amendments to the Police Department reflect a net increase of $1,118,129.72.Amendments include:1)an increase of $870,504 for the City's contribution to the Police supplemental plan based upon guidance of the Government Finance Officer's Association (GFOA)which believes that our state monies for Police and Fire Supplemental plans should not be received by the plans,but instead be recorded as a revenue and an expenditure for City employer contributions in the General Fund.This budget expenditure increase is offset by a revenue amendment recognizing the supplemental revenue;2) An increase to overtime by $49,710.70 which is offset by revenue amendments recognizing the reimbursements received for overtime from the Department of Treasury for the Presidential Inauguration,the DEA,the FBI,and Homeland Security;3)an increase in operating supplies for $11,158.02 which is offset by revenue amendments recognizing reimbursement revenue from Homeland Security and the Secret Service;4)an increase of $7,213 in travel expense which is offset by revenue amendments recognizing reimbursement from the Secret Service and the Department of Treasury for the Presidential Inauguration;5)various expenditure increases totaling $2,854 which is offset by revenue amendments recognizing reimbursements from All Children's Hospital,Target and Verizon;and 6)an increase to personal services for $176,690 representing the retirement and leave payouts of thirteen Police employees which is offset by revenue recognizing the allocation of General Fund unappropriated retained earnings. Non-Departmental (3,200) Non-Departmental expenditures are reduced by $3,200 at third quarter representing savings which will offset increases in the City Audit and Office of Management and Budget departments. The budget amendment reflects City Council approved interfund transfers of $150,000 to special program projects,as follows: 150,000 1)A transfer of $150,000 from General Fund unappropriated retained earnings to fund special program project 181-99867, Centennial Celebration;as approved by the Council on July,18, 2013. 146,800 2,761,521 Net General Fund Expenditure Amendment Police 7 Attachment number 5 \nPage 2 of 2 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Property Taxes 35,468,760 34,380,610 35,574,174 1,193,564 3%134,130 35,602,890 Franchise Fees 10,212,930 6,740,946 5,649,514 (1,091,432) -16%(856,330) 9,356,600 Utility Taxes 13,214,180 8,476,394 8,547,308 70,914 1%100,000 13,314,180 Licenses, Permits & Fees 3,718,250 1,737,703 1,978,334 240,631 14%335,200 4,053,450 Intergovernmental Sales Tax 5,750,000 3,354,169 3,507,721 153,552 5%287,000 6,037,000 Communications Services Tax 6,136,730 3,579,758 3,327,055 (252,703) -7%(300,000) 5,836,730 Other Intergovernmental 11,602,968 7,633,599 8,646,794 1,013,195 13%2,599,977 14,202,945 Charges for Services 4,412,760 3,292,235 3,617,969 325,734 10%77,000 4,489,760 Fines & Forfeitures 616,650 451,242 428,063 (23,179) -5%- 616,650 Interest Income 510,000 420,000 276,145 (143,855) -34%(100,000) 410,000 Miscellaneous Revenues 1,074,500 624,654 936,461 311,807 50%2,854 1,077,354 Interfund Charges / Transfers In 19,549,758 15,590,395 15,384,763 (205,632) -1%916,155 20,465,913 OPERATING REVENUES 112,267,486 86,281,705 87,874,301 1,592,596 2%3,195,986 115,463,472 Transfer (to) from Surplus 2,759,302 - - - ~(434,465) 2,324,837 TOTAL REVENUES 115,026,788 86,281,705 87,874,301 1,592,596 2%2,761,521 117,788,309 GENERAL FUND EXPENDITURES City Council 283,179 223,184 194,410 28,774 13%- 283,179 City Manager's Office 1,249,239 939,376 828,066 111,310 12%(45,000) 1,204,239 City Attorney's Office 1,554,726 1,166,376 1,013,211 153,165 13%- 1,554,726 City Auditor's Office 195,423 153,084 152,996 88 0%700 196,123 Economic Development & Housing 1,256,862 967,427 987,400 (19,973) -2%- 1,256,862 Engineering 7,708,913 5,758,452 5,419,886 338,566 6%- 7,708,913 Finance 2,183,243 1,710,313 1,629,090 81,223 5%- 2,183,243 Fire 24,734,816 19,728,800 19,375,203 353,597 2%1,416,391 26,151,207 Human Resources 1,034,832 794,012 689,990 104,022 13%- 1,034,832 Library 5,857,914 4,653,498 4,448,194 205,304 4%- 5,857,914 Marine & Aviation 602,655 463,722 531,074 (67,352) -15%77,000 679,655 Non-Departmental 3,780,390 3,244,966 3,230,990 13,976 0%146,800 3,927,190 Office of Management & Budget 307,511 240,764 241,317 (553) 0%2,500 310,011 Official Records & Legislative Svcs 1,040,078 816,746 704,660 112,086 14%- 1,040,078 Parks & Recreation 21,133,259 16,419,884 15,869,480 550,404 3%- 21,133,259 Planning & Development 4,796,274 3,715,927 3,612,234 103,693 3%45,000 4,841,274 Police 36,158,731 28,355,622 27,911,444 444,177 2%1,118,130 37,276,861 Public Communications 909,813 701,475 663,094 38,381 5%- 909,813 Public Utilities 238,930 179,178 170,693 8,485 5%- 238,930 Allocation to GF Reserve - - - - ~- - TOTAL EXPENDITURES 115,026,788 90,232,806 87,673,433 2,559,373 3%2,761,521 117,788,309 For Nine Month Period of October 1, 2012 - June 30, 2013 GENERAL FUND THIRD QUARTER REVIEW 8 Attachment number 6 \nPage 1 of 1 Item # 43 Increase/ (Decrease)Description Water & Sewer Fund At third quarter, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $1,169,110 for fiscal year 2012/13. Revenues: No amendments are proposed to Water and Sewer Fund revenues at third quarter. Expenditures: No amendments are proposed to Water and Sewer Fund expenditures at third quarter. Stormwater Fund At third quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2012/13. Revenues:314,981 Third quarter revenue amendments reflect the appropriation of $314,980.55 from Stormwater Fund reserves -Prospect Lake Buy-in- District to fund Town Pond Modifications Phase II as approved by the Council on August 14, 2013. Expenditures:314,981 Third quarter expenditure amendments reflect a transfer of $314,980.55 to capital project 315-96125,Town Lake,to fund Town Pond Modifications Phase II as approved by the Council on August 14, 2013.Offsetting revenues are reflected from Stormwater Fund reserves. Gas Fund At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $6,405,547 for fiscal year 2012/13. Revenues:482,500 Third quarter revenue amendments to the Gas Fund reflect a net increase of $482,500.Amendments include:an increase of $369,000 in various recovery clauses due to increased sales;an increase of $90,000 in PGA due to increased sales;an increase of $46,000 in other refunds representing alternative fuel credits from the IRS;an increase of $30,000 in appliance sales;an increase of $30,000 in capitalized labor due to the increase in project activity;an increase of $20,000 in gross receipts tax;a decrease of $50,000 in interest earnings;a decrease of $40,000 in franchise fees;a decrease of $22,000 in material service charges;and various small amendments resulting in an increase of $9,500. Expenditures:119,870 Third quarter expenditure amendments reflect a net increase of $119,870.Amendments include:a decrease of $150,000 in propane;a decrease of $115,000 in professional services;a decrease of $40,000 in natural gas fuel;an increase of $80,500 in operating supplies;an increase of $36,000 in garage services;and various amendments across all cost centers which net an increase of $8,370.Amendments also include a transfer of $300,000 to capital improvement project 315- 96386,Expanded Energy Conservation due to the increase in demand for new customer mains and service lines outside of the City of Clearwater. City of Clearwater Utility Funds Third Quarter Amendments FY 2012/13 9 Attachment number 7 \nPage 1 of 3 Item # 43 Increase/ (Decrease)Description City of Clearwater Utility Funds Third Quarter Amendments FY 2012/13 Solid Waste Fund At third quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $ 1,636,610 for fiscal year 2012/13. Revenues:538,174 Third quarter revenues in the Solid Waste Fund reflect a net increase of $538,174.Amendments include,an increase of $150,000 in Sanitation Collection Charge;an increase of $20,000 in Other General Revenue;an increase of $15,000 in Contractor Collection Fee;various small increases totaling $6,890;and a decrease of $118,130 in Recycling reimbursement revenue,all to better reflect actual receipts for the year.At third quarter,an appropriation of Solid Waste Fund Unappropriated Retained Earnings of $275,000 is recognized to fund site renovation at Phillip Jones Field as approved by the Council on June 6,2013;and an appropriation of $189,414 is recognized to fund the purchase of thirty-four solar trash compacting and recycling kiosk stations as approved by the Council on June 19, 2013. Expenditures:377,734 Third quarter expenditures in the Solid Waste Fund reflect a net increase of $377,734.Amendments include,a decrease of $140,000 in dump fees due to reduced volumes;a decrease of $73,580 in personal services expenditures due to vacancies;garage charges are being increased by $110,800 to cover higher than anticipated repair and fuel charges;an increase of $20,000 in operating supplies and materials;and various minor amendments which net a $3,900 decrease.Amendments also include a transfer of $275,000 to capital project 315-93631,Phillip Jones Park Renovation as approved by the council on June 6,2013;and a transfer of $189,414 to capital project 315-96445,Solar Trash and Recycling Kiosks as approved by the Council on June 19,2013;both transfers are offset by revenues recognized from Solid Waste Fund reserves. 10 Attachment number 7 \nPage 2 of 3 Item # 43 Increase/ (Decrease)Description City of Clearwater Utility Funds Third Quarter Amendments FY 2012/13 Recycling Fund At third quarter, anticipated revenues of the Recycling Fund exceed anticipated expenditures by $110,580 for fiscal year 2012/13. Revenues:1,473,460 At third quarter,Recycling Fund revenues reflect a net increase of $1,473,460.Amendments include,a decrease totaling $40,000 in Sale of Recyclables;an increase of $10,000 in Commercial Recycling Fees; and minor amendments which net an increase of $3,460,all to better reflect actual receipts for the year.Amendments also include the appropriation of $1,500,000 of Recycling Fund Unappropriated Retained Earnings to fund the purchase and delivery of new recycling carts as approved by the Council on June 19, 2013. Expenditures 1,390,560 Third quarter expenditure amendments reflect a net increase of $1,390,560.Amendments include;an increase of $15,000 to contractual services for the single stream pilot program;a decrease of $20,000 in inventory for resale for declining volumes of recyclables;a decrease of $118,140 in interfund service charges eliminating the administrative support to Solid Waste;an increase of $13,000 in garage charges for repair services;and minor amendments to the Commercial Recycling cost center which net an increase of $700. Amendments also include the transfer of $1,500,000 to capital improvement project 315-96446,Single Stream Recycling Carts with offsetting revenues recognized from Recycling Fund reserves as approved by the Council on June 19, 2013. 11 Attachment number 7 \nPage 3 of 3 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 63,704,850 47,778,633 48,460,970 682,337 1%- 63,704,850 Non-Operating Revenue 1,602,320 664,156 723,474 59,318 9%- 1,602,320 Contributions - - 141,097 141,097 ~- - Transfers In 127,632 127,632 128,296 664 1%- 127,632 Use of Fund Equity 15,966,114 - - - ~- 15,966,114 Total Revenues 81,400,916 48,570,421 49,453,837 883,416 2%- 81,400,916 Water & Sewer Fund Expenditures Public Utilities Administration 1,060,369 835,571 809,181 26,390 3%- 1,060,369 Wastewater Collection 7,928,463 6,678,237 6,513,707 164,530 2%- 7,928,463 Public Utilities Maintenance 4,476,155 3,656,246 3,364,023 292,223 8%- 4,476,155 WPC / Plant Operations 14,591,636 11,643,608 9,978,569 1,665,039 14%- 14,591,636 WPC / Laboratory Operations 1,285,805 978,628 918,934 59,694 6%- 1,285,805 WPC / Industrial Pretreatment 899,532 689,525 500,838 188,687 27%- 899,532 Water Distribution 24,988,939 23,242,734 23,053,375 189,359 1%- 24,988,939 Water Supply 8,733,815 6,575,139 7,428,442 (853,303) -13%- 8,733,815 Reclaimed Water 2,366,352 1,812,588 1,660,846 151,742 8%- 2,366,352 Non-Departmental 13,900,740 10,425,564 10,426,114 (550) 0%- 13,900,740 Total Expenditures 80,231,806 66,537,840 64,654,030 1,883,810 3%- 80,231,806 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 16,125,100 12,093,831 12,224,146 130,315 1%- 16,125,100 Non-Operating Revenues 261,850 200,022 180,347 (19,675) -10%- 261,850 Transfers In 38,237 38,237 38,237 - 0%- 38,237 Use of Fund Equity 2,057,230 - - - ~314,981 2,372,211 Total Revenues 18,482,417 12,332,090 12,442,730 110,640 1%314,981 18,797,398 Stormwater Utility Expenditures Stormwater Management 12,411,779 11,215,059 10,978,775 236,284 2%314,981 12,726,760 Stormwater Maintenance 6,070,638 4,671,400 4,316,937 354,463 8%- 6,070,638 Total Expenditures 18,482,417 15,886,459 15,295,712 590,747 4%314,981 18,797,398 GAS FUND Gas Fund Revenues Operating Revenues 38,171,070 30,465,120 29,264,708 (1,200,412) -4%458,500 38,629,570 Non-Operating Revenues 607,570 467,079 410,614 (56,465) -12%(6,000) 601,570 Transfers In 61,633 61,633 61,633 - 0%- 61,633 Capitalized Labor 471,000 363,253 393,345 30,092 8%30,000 501,000 Use of Fund Equity 2,998,132 - - - ~- 2,998,132 Total Revenues 42,309,405 31,357,085 30,130,300 (1,226,785) -4%482,500 42,791,905 Gas Fund Expenditures Administration & Supply 23,750,651 18,225,441 17,347,485 877,956 5%(277,660) 23,472,991 South Area Gas Operations 6,792,604 5,765,872 5,531,242 234,630 4%25,480 6,818,084 North Area Gas Operations 2,340,664 2,022,859 1,770,414 252,445 12%40,190 2,380,854 Marketing & Sales 3,382,569 2,762,025 2,784,813 (22,788) -1%331,860 3,714,429 Total Expenditures 36,266,488 28,776,197 27,433,955 1,342,242 5%119,870 36,386,358 For the Nine Month Period of October 1, 2012 to June 30, 2013 UTILITY FUNDS THIRD QUARTER REVIEW 12 Attachment number 8 \nPage 1 of 2 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget For the Nine Month Period of October 1, 2012 to June 30, 2013 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE FUND Solid Waste Revenues Operating Revenue 18,946,000 14,234,491 14,378,509 144,018 1%167,130 19,113,130 Non-Operating Revenue 557,100 424,391 463,028 38,637 9%24,760 581,860 Transfers In 319,507 260,439 240,759 (19,680) -8%(118,130) 201,377 Use of Fund Equity - - - - ~464,414 464,414 Total Revenues 19,822,607 14,919,321 15,082,296 162,975 1%538,174 20,360,781 Solid Waste Expenditures Collection 15,090,376 11,479,097 11,178,429 300,668 3%142,434 15,232,810 Transfer 1,511,922 1,192,721 1,132,695 60,026 5%(28,500) 1,483,422 Container Maintenance 803,362 616,945 585,596 31,349 5%(9,700) 793,662 Administration 940,777 715,786 708,764 7,022 1%273,500 1,214,277 Total Expenditures 18,346,437 14,004,549 13,605,483 399,066 3%377,734 18,724,171 RECYCLING FUND Recycling Revenues Operating Revenue 2,560,480 1,928,352 1,920,349 (8,003) 0%(29,540) 2,530,940 Non-Operating Revenue 50,000 37,200 39,857 2,657 7%3,000 53,000 Transfers In 14,074 14,074 14,074 - 0%- 14,074 Use of Fund Equity 342,150 - - - ~1,500,000 1,842,150 Total Revenues 2,966,704 1,979,626 1,974,280 (5,346) 0%1,473,460 4,440,164 Recycling Expenditures Residential 1,139,146 871,431 797,460 73,971 8%1,456,880 2,596,026 Multi-Family 473,434 360,498 340,335 20,163 6%(50,560) 422,874 Commercial 1,326,444 1,022,112 1,009,543 12,569 1%(15,760) 1,310,684 Total Expenditures 2,939,024 2,254,041 2,147,338 106,703 5%1,390,560 4,329,584 13 Attachment number 8 \nPage 2 of 2 Item # 43 Increase/ (Decrease)Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $45,010 at third quarter fiscal year 2012/13. Revenues: No amendments are proposed to Marine Fund revenues at third quarter. Expenditures: No amendments are proposed to Marine Fund expenditures at third quarter. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina fund exceed anticipated expenditures by $76,370 at third quarter fiscal year 2012/13. Revenues: No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. Expenditures: No amendments are proposed to Clearwater Harbor Marina Fund expenditures at third quarter. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $96,230 at third quarter fiscal year 2012/13. Revenues: No amendments are proposed to Airpark Fund revenues at third quarter. Expenditures: No amendments are proposed to Airpark Fund expenditures at third quarter. Parking Fund At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $533,071 for fiscal year 2012/13. Revenues:1,568 At third quarter,amendments reflect the return of $1,567.70 of Parking Fund revenues from closed capital project 315-93411, Clearwater Beach Life Guard Renovation. Expenditures: No amendments are proposed to Parking Fund expenditures at third quarter. Harborview Fund Anticipated revenues of the Harborview Fund exceed anticipated expenditures by $14,910 at third quarter fiscal year 2012/13. Revenues:(7,000) At third quarter,non operating revenues reflect a 43%negative variance due to lower than anticipated interest earnings,a reduction of $7,000 is recommended to bring the budget in line with actual and anticipated receipts for the year. Expenditures: No amendments are proposed to Harborview Fund expenditures at third quarter. FY 2012/13 City of Clearwater Other Enterprise Funds Third Quarter Amendments 14 Attachment number 9 \nPage 1 of 1 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 4,305,500 3,164,269 2,969,649 (194,620) -6%- 4,305,500 Non-Operating Revenues 158,120 113,487 125,664 12,177 11%- 158,120 Transfers In 9,290 9,290 9,290 - 0%- 9,290 Use of Fund Equity - - - - ~- - TOTAL REVENUES 4,472,910 3,287,046 3,104,603 (182,443) -6%- 4,472,910 MARINE FUND EXPENDITURES Marina Operations 4,427,900 3,237,050 3,069,323 167,727 5%- 4,427,900 TOTAL EXPENDITURES 4,427,900 3,237,050 3,069,323 167,727 5%- 4,427,900 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Operating Revenues 404,000 306,097 377,405 71,308 23%- 404,000 Non-Operating Revenues 72,200 64,656 76,778 12,122 19%- 72,200 Transfers In 2,202 2,202 2,202 - 0%- 2,202 Use of Fund Equity - - - - ~- - TOTAL REVENUES 478,402 372,955 456,385 83,430 22%- 478,402 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 402,032 310,860 285,924 24,936 8%- 402,032 TOTAL EXPENDITURES 402,032 310,860 285,924 24,936 8%- 402,032 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 252,000 189,000 186,891 (2,109) -1%- 252,000 Non-Operating Revenues 8,000 6,153 8,417 2,264 37%- 8,000 Transfers In 691 691 691 - 0%- 691 Use of Fund Equity 41,215 - - - ~- 41,215 TOTAL REVENUES 301,906 195,844 195,999 155 0%- 301,906 ~ AIRPARK FUND EXPENDITURES ~ Airpark Operations 205,676 169,484 166,179 3,305 2%- 205,676 TOTAL EXPENDITURES 205,676 169,484 166,179 3,305 2%- 205,676 For The Nine Month Period of October 1, 2012 - June 30, 2013 ENTERPRISE FUNDS THIRD QUARTER REVIEW 15 Attachment number 10 \nPage 1 of 2 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget For The Nine Month Period of October 1, 2012 - June 30, 2013 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND PARKING FUND REVENUES Operating Revenues 4,126,500 3,191,000 3,570,822 379,822 12%- 4,126,500 Non-Operating Revenues 371,000 290,300 151,916 (138,384) -48%- 371,000 Transfers In 52,724 52,724 52,724 - 0%1,568 54,292 Use of Fund Equity - - - - ~- - TOTAL REVENUES 4,550,224 3,534,024 3,775,462 241,438 7%1,568 4,551,792 PARKING FUND EXPENDITURES Engineering / Parking System 2,944,627 2,293,530 2,208,174 85,356 4%- 2,944,627 Engineering / Parking Enforcement 602,687 408,088 386,181 21,907 5%- 602,687 Parks & Rec / Beach Guards 471,407 364,711 361,457 3,254 1%- 471,407 TOTAL EXPENDITURES 4,018,721 3,066,329 2,955,812 110,517 4%- 4,018,721 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 48,260 36,195 36,192 (3) 0%- 48,260 Non-operating Revenues 15,000 11,800 6,737 (5,063) -43%(7,000) 8,000 Transfers In - - - - ~- - Use of Fund Equity - - - - ~- - TOTAL REVENUES 63,260 47,995 42,929 (5,066) -11%(7,000) 56,260 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 41,350 31,633 15,101 16,532 52%- 41,350 TOTAL EXPENDITURES 41,350 31,633 15,101 16,532 52%- 41,350 16 Attachment number 10 \nPage 2 of 2 Item # 43 Increase/ (Decrease)Description General Services At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $67,540 for fiscal year 2012/13. Revenues: No amendments are proposed to General Services Fund revenues at third quarter. Expenditures: No amendments are proposed to General Services Fund expenditures at third quarter. Administrative Services At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $105,270 for fiscal year 2012/13. Revenues:86,161 Third quarter revenue amendments reflect an appropriation of unappropriated Administrative Service Fund reserves of $86,161 to fund the efficiency study fo the Utility Customer Service department as approved by the Council on July 18, 2013. Expenditures:86,161 Third quarter expenditure amendments reflect an increase of $86,161 to professional services in the Customer Service Administration program to fund the effeciency study contract.This increase is offset by revenue from Administrative Services Fund unappropriated reserves as approved by the Council on July 18, 2013. Garage Fund At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2012/13. Revenues: No amendments are proposed to Garage Fund revenues at third quarter. Expenditures: At third quarter,expenditure amendments reflect a transfer of $145,000 in fuel savings in the Fleet Maintenance program to Radio Communications to cover the cost of radio system upgrades.This transfer between cost centers has a zero net effect to Garage Fund expenditures. Central Insurance At third quarter, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2012/13. Revenues: No amendments are proposed to Central Insurance Fund revenues at third quarter. Expenditures: No amendments are proposed to Central Insurance Fund expenditures at third quarter. City of Clearwater Internal Service Funds Third Quarter Amendments FY 2012/13 17 Attachment number 11 \nPage 1 of 1 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 4,616,940 3,462,705 3,520,072 57,367 2%- 4,616,940 Non-Operating Revenue 30,000 23,500 12,787 (10,713) -46%- 30,000 Transfers In 31,433 31,433 31,433 - 0%- 31,433 Fund Reserves 25,910 - - - ~- 25,910 TOTAL REVENUES 4,704,283 3,517,638 3,564,292 46,654 1%- 4,704,283 GENERAL SERVICES FUND EXPENDITURES Administration 526,338 405,069 390,087 14,982 4%- 526,338 Building & Maintenance 4,110,405 3,157,196 2,956,690 200,506 6%- 4,110,405 TOTAL EXPENDITURES 4,636,743 3,562,265 3,346,777 215,488 6%- 4,636,743 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 8,990,200 6,742,665 6,716,599 (26,066) 0%- 8,990,200 Non-Operating Revenue 120,000 94,300 72,507 (21,793) -23%- 120,000 Transfers In 53,334 53,334 53,334 - 0%- 53,334 Fund Reserves 136,000 - - - ~86,161 222,161 TOTAL REVENUES 9,299,534 6,890,299 6,842,440 (47,859) -1%86,161 9,385,695 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin 369,604 286,108 277,287 8,821 3%- 369,604 Information Tech / Network Svcs 2,054,864 1,590,374 1,581,806 8,568 1%- 2,054,864 Info Tech / Software Applications 2,200,688 1,718,761 1,492,944 225,817 13%- 2,200,688 Info Tech / Telecommunications 865,511 651,787 610,361 41,426 6%- 865,511 Public Comm / Courier 158,070 118,530 110,675 7,855 7%- 158,070 Clearwater Customer Service 3,545,527 2,764,380 2,539,448 224,932 8%86,161 3,631,688 TOTAL EXPENDITURES 9,194,264 7,129,940 6,612,521 517,419 7%86,161 9,280,425 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 12,461,200 9,345,897 9,365,218 19,321 0%- 12,461,200 Non-Operating Revenue 487,000 368,594 354,227 (14,367) -4%- 487,000 Transfers In 23,857 23,857 23,857 - 0%- 23,857 Fund Reserves 218,135 - - - ~- 218,135 TOTAL REVENUES 13,190,192 9,738,348 9,743,302 4,954 0%- 13,190,192 Garage Fund Expenditures Fleet Maintenance 12,731,681 9,688,322 8,984,531 703,791 7%(145,000) 12,586,681 Radio Communications 458,511 345,638 435,877 (90,239) -26%145,000 603,511 TOTAL EXPENDITURES 13,190,192 10,033,960 9,420,408 613,552 6%- 13,190,192 For The Nine Month Period of October 1, 2012 - June 30, 2013 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW 18 Attachment number 12 \nPage 1 of 2 Item # 43 2012/13 2012/13 MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended Budget Projection Actual Variance %Amendment Budget For The Nine Month Period of October 1, 2012 - June 30, 2013 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 17,212,880 12,909,663 13,591,840 682,177 5%- 17,212,880 Non-Operating Revenue 810,000 588,700 273,366 (315,334) -54%- 810,000 Transfers In 298,850 247,222 227,329 (19,893) -8%- 298,850 Fund Reserves 2,853,930 - - - ~- 2,853,930 TOTAL REVENUES 21,175,660 13,745,585 14,092,535 346,950 3%- 21,175,660 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 416,513 320,620 315,361 5,259 2%- 416,513 Human Resources / Employee Benefits 368,795 284,020 224,803 59,217 21%- 368,795 Human Resources / Employee Health Clinic 1,635,830 1,226,871 1,091,161 135,710 11%- 1,635,830 Non-Departmental 18,754,522 14,364,603 12,857,825 1,506,778 10%- 18,754,522 TOTAL EXPENDITURES 21,175,660 16,196,114 14,489,149 1,706,965 11%- 21,175,660 19 Attachment number 12 \nPage 2 of 2 Item # 43 Clearwater, Florida CAPITAL IMPROVEMENT FUND Third Quarter Summary FY 2012/13 20 The amended 2012/13 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget decrease in the amount of $27,281,542. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity:  Expanded Energy Conservation – To record a budget increase in the amount of $300,000 of Gas Fund revenue. Due to the improving economy, funding is needed to provide new customer main and service lines, which are funded by our customers through our Energy Conservation clause.  Smallwood Circle – To record a budget transfer in the amount of $40,000 of Stormwater Utility revenue from project 315-96124, Storm Pipe System Improvements to provide a budget increase to the Smallwood Circle project because not all expenditures are grant eligible as previously estimated.  Utilities Services Replacement – To record a budget transfer in the amount of $25,000 of Marina revenue from project 315-93420, Fuel System R&R. The funding will provide for repairs to the fire fighting system (water) at the marina.  Playground & Fitness Equipment Purchase & Replacement – To record a budget increase in the amount of $20,000 of Other State Grants. The funding received from the Florida Department of Health was utilized for equipment purchase at the Countryside Recreation Center. This will bring budgeted revenues in line with actual cash receipts.  Long Center Infrastructure Repairs – To record a budget transfer in the amount of $18,538.43 of general Fund revenue from project 315-93615, Aging Well Center. The Aging Well Center is complete and will be closed at third quarter.  WWTP Screw Pump Replacement – To record a budget increase in the amount of $17,508.97 of Other Governmental revenue representing reimbursements from the City of Safety Harbor on the WWTP Screw Pump Replacement. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Single Stream Recycling Carts 1,500,000 06/19/13 Marina District Boardwalk and Entry Node 606,510 08/14/13 Town Lake 446,284 08/14/13 Phillip Jones Park Renovation 275,000 06/06/13 Solar Trash and Recycling Kiosks 189,414 06/19/13 Attachment number 13 \nPage 1 of 1 Item # 43 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Fire Engine Replacement 1 315-91218 11,886 To record a budget transfer in the amount of $11,886.27 of General Fund revenue from the following projects;315-91255, Exhaust System in the amount of $8,022.00 and project 315- 91265,EMS Support Vehicle in the amount of $3,864.27.Both of these projects are complete and will be closed at third quarter.11,886 Exhaust Systems - CLOSE PROJECT 2 315-91255 (8,022) To record a budget transfer in the amount of $8,022.00 of General Fund revenue to project 315-91218,Fire Engine Replacement.The exhaust systems for the Fire Stations and Shop Facility has been purchase.This project is complete and will be closed at third quarter.(8,022) EMS Support Vehicle - CLOSE PROJECT 3 315-91265 (3,864) To record a budget transfer in the amount of $3,864.27 of General Fund revenue to project 315-91218,Fire Engine Replacement.The vehicle has been purchased and outfitted. This project is complete and will be closed at third quarter.(3,864) Downtown Streetscape Phase II 4 315-92275 4,740 * To record a budget increase in the amount of $4,740.00 of Property Owners Share revenue which was received from 1130 Cleveland,LLC.This will bring budgeted revenues in line with actual cash receipts.4,740 Long Center Infrastructure Repairs 5 315-93278 18,538 To record a budget transfer in the amount of $18,538.43 of General Fund revenue from project 315-93615,Aging Well Center.The Aging Well Center is complete and will be closed at third quarter.18,538 Clearwater Beach Life Guard Renovation - CLOSE PROJECT 6 315-93411 (1,568) To record a budget decrease in the amount of $1,567.70 of Parking Fund revenue and return these funds to the Parking Fund retained earnings.The project is complete and will be closed at third quarter.(1,568) Utilities Services Replacement 7 315-93418 25,000 To record a budget transfer in the amount of $25,000.00 of Marina revenue from project 315-93420,Fuel System R&R.The funding will provide for repairs to the fire fighting system (water) at the marina.25,000 Fuel System R&R 8 315-93420 (25,000) To record a budget transfer in the amount of $25,000.00 of Marina revenue to project 315-93418,Utilities Service Replacement.The funding will provide for repairs to the fire fighting system (water) at the marina.(25,000) CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2012/13 21 * indicates budget amendment only Attachment number 14 \nPage 1 of 6 Item # 43 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2012/13 Aging Well Center - CLOSE PROJECT 9 315-93615 (18,538) To record a budget transfer in the amount of $18,538.43 of General Fund revenue to project 315-93278,Long Center Infrastructure Repairs.This project is complete and will be closed at third quarter.(18,538) Joe DiMaggio Sports Complex Renovation -CLOSE PROJECT 10 315-93616 (3,600,000) * To record a budget decrease in the amount of $3.6 million of Other State Grant revenue.This project,for the construction of seven soccer fields,one major league baseball field,concession building,restrooms and press box will not be completed and will be closed at third quarter.(3,600,000) Carpenter/Bright House Field Improvements -CLOSE PROJECT 11 315-93628 (18) To record a budget decrease in the amount of $18.00 of General Fund revenue and return the funds to the General Fund retained earnings.This project is complete and will be closed at third quarter.(18) North Greenwood Athletic Fields 12 315-93629 56,825 * To record a budget increase in the amount of $56,825.00 of Community Development Block Grant.This will bring actual cash receipts received from project 181-99730,Public Facilities 2013,in line with budgeted revenues.This was approved by the City Council on April 5, 2012.56,825 Phillip Jones Park Renovation 13 315-93631 275,000 To record a budget increase in the amount of $275,000.00 of Solid Waste Fund revenue.The funding will complete the monitoring and environmental assessment and delineation of the Harbor Drive Fill Area to the satisfaction of the Florida Department of Environmental Protection (FDEP).This was approved by the City Council on June 6, 2013.275,000 Playground & Fitness Equipment Purchase & Replacement 14 315-93637 20,000 * To record a budget increase in the amount of $20,000.00 of Other State Grants.The funding received from the Florida Department of Health was utilized for equipment purchase at the Countryside Recreation Center.This will bring budgeted revenues in line with actual cash receipts.20,000 22 * indicates budget amendment only Attachment number 14 \nPage 2 of 6 Item # 43 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2012/13 Marina District Boardwalk and Entry Node - NEW PROJECT 15 315-93639 606,510 To establish the project and record a budget increase in the amount of $606,510.00 of Special Development Fund retained earnings.The funding will provide for the design and construction of three access entry nodes for the future Marina District Boardwalk at Baymont and Papaya Streets and the pedestrian walk under bridge at State Road 60.This was approved by the City Council on August 14, 2013.606,510 Storm Pipe System Improvements 16 315-96124 (40,000) To record a budget transfer in the amount of $40,000.00 of Stormwater Utility revenue to project 315-96178,Smallwood Circle to provide a budget increase to the Smallwood Circle project because not all expenditures are grant eligible as previously estimated. 315-96124 (45,766) To record a budget transfer in the amount of $45,765.64 of Stormwater Utility revenue to project 315-96125,Town Lake. The funding will provide for the Phase II of the lake modifications.This was approved by the City Council on August 14, 2013.(85,766) Town Lake 17 315-96125 400,519 To record a budget increase in the amount of $400,518.66 consisting of;$314,980.55 of Stormwater Utility revenue from Stormwater fund reserves-Prospect Lake Buy-in-District and $85,538.11 of Fee in Lieu of Drainage Retention from the Special Development Fund.This was approved by the City Council on August 14, 2013. 315-96125 45,766 To record a budget transfer in the amount of $45,765.64 of Stormwater Utility revenue from project 315-96124,Storm Pipe System Improvements.This was approved by the City Council on August 14,2013.The funding for the two amendments will provide for the phase II improvements. 446,284 Smallwood Circle 18 315-96178 40,000 To record a budget transfer in the amount of $40,000.00 of Stormwater Utility revenue from project 315-96124,Storm Pipe System Improvements to provide a budget increase to the Smallwood Circle project because not all expenditures are grant eligible as previously estimated.40,000 23 * indicates budget amendment only Attachment number 14 \nPage 3 of 6 Item # 43 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2012/13 WWTP Screw Pump Replacement 19 315-96202 17,509 * To record a budget increase in the amount of $17,508.97 of Other Governmental revenue representing reimbursements from the City of Safety Harbor on the WWTP Screw Pump Replacement. 327-96202 (800,000) To record a budget transfer in the amount of $800,000.00 of Utility R&R revenue to project number 327-96204,WWTP UV Disinfection to replace previously planned bond funds. 376-96202 (70,123) To record a budget transfer in the amount of $70,123.44 of 2009 Water Sewer Bond proceeds to project number 376-96664, WPC R&R.This will allow for the oldest bond proceeds to be utilized first.(852,614) WWTP UV Disinfection System 20 327-96204 800,000 To record a budget transfer in the amount of $800,000.00 of Utility R&R revenue from project number 327-96202,WWTP Screw Pump Replacement to replace previously planned bond funds. 381-96204 (3,000,000) * To record a budget decrease in the amount of $3,000,000.00 of 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.(2,200,000) Pinellas New Mains - Service Lines 21 315-96377 4,237 * To record a budget increase in the amount of $4,237.47 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.4,237 Expanded Energy Conservation 22 315-96386 300,000 To record a budget increase in the amount of $300,000.00 of Gas Fund revenue.Due to the improving economy,funding is needed to provide new customer main and service lines,which are funded by our customers through our Energy Conservation clause. 300,000 Solar Trash and Recycling Kiosks - NEW PROJECT 23 315-96445 189,414 To establish the project budget and record a budget increase in the amount of $189,414.00 of Solid Waste Fund revenue.The funding will purchase thirty-four kiosks,consisting of one solar compactor and one recycling station.The purchase also includes the software and hardware for the monitoring and management of the kiosks.The real time monitoring will allow for schedule collection rather than just daily collection.This was approved by the City Council on June 19, 2013.189,414 24 * indicates budget amendment only Attachment number 14 \nPage 4 of 6 Item # 43 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2012/13 Single Stream Recycling Carts - NEW PROJECT 24 315-96446 1,500,000 To establish the project budget and record a budget increase in the amount of $1.5 million of Recycling Fund revenue.The funding will purchase 26,000 new 64 gallon and 96 gallon recycling carts.This was approved by the City Council on June 19, 2013.1,500,000 Odor Control 25 376-96615 (4,337) To record a budget transfer in the amount of $4,337.10 of 2009 Water Sewer Bond proceeds to project number 376-96664, WPC R&R.This will allow for the oldest bond proceeds to be utilized first.(4,337) WWTP Generator Replacements 26 376-96619 (77,036) To record a budget transfer in the amount of $77,036.00 of 2009 Water Sewer Bond proceeds to project number 376-96664, WPC R&R.This will allow for the oldest bond proceeds to be utilized first. 381-96619 (200,000) * To record a budget decrease in the amount of $200,000.00 of 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.(277,036) WWTP New Presses 27 376-96621 (111,405) To record a budget transfer in the amount of $111,404.57 of 2009 Water Sewer Bond proceeds to project number 376- 96664,WPC R&R.This will allow for the oldest bond proceeds to be utilized first.(111,405) WPC R&R 28 376-96664 262,901 To record a budget transfer in the amount of $262,901.11 of 2009 Water Sewer Bond proceeds from the following projects; Project number 376-96202,WWTP Screw Pump Replacements in the amount of $70,123.44;Project number 376-96615,Odor Control in the amount of $4,337.10;Project number 376-96619, WWTP Generator Replacements in the amount of $77,036.00; Project number 376-96621,WWTP New Presses in the amount of $111,404.57.This will allow for the oldest bond proceeds to be utilized first.262,901 Sanitary Sewer R&R 29 315-96665 (5,000,000) To record a budget transfer in the amount of $5 million of Sewer revenue to project number 315-96764,RO Plant Expansion- Reservoir #1 to replace previously planned bond funds.(5,000,000) Reclaimed Water Distribution System 30 315-96739 (3,000,000) To record a budget transfer in the amount of $3 million of Water revenue to project number 315-96767,Reverse Osmosis Plant Reservoir #2 to replace previously planned bond funds.(3,000,000) 25 * indicates budget amendment only Attachment number 14 \nPage 5 of 6 Item # 43 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2012/13 Reverse Osmosis Plant Expansion- Reservoir #1 31 315-96764 5,000,000 To record a budget transfer in the amount of $5 million of Sewer revenue from project number 315-96665,Sanitary Sewer R&R to replace previously planned bond funds. 381-96764 (4,954,730) * To record a budget decrease in the amount of $4,954,730.00 of 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.45,270 Reverse Osmosis Plant Reservoir #2 32 315-96767 3,000,000 To record a budget transfer in the amount of $3 million of Water revenue from project number 315-96739,Reclaimed Water Distribution System to replace previously planned bond funds. 381-96767 (8,865,950) * To record a budget decrease in the amount of $8,865,950.00 of 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.(5,865,950) Groundwater Replenishment Facility 33 381-96773 (4,799,030) * To record a budget decrease in the amount of $4,799,030.00 of 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.(4,799,030) Automated Meter Reading 34 381-96774 (4,000,000) * To record a budget decrease in the amount of $4 million of 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.(4,000,000) Arsenic Treatment WTP # 3 35 381-96775 (1,235,000) * To record a budget decrease in the amount of $1,235,000.00 2014 Water &Sewer Bond Proceeds.Due to the fiscal year 2013 Water &Sewer Revenue Sufficiency Analysis,this interim financing will not be required until fiscal year 2016.(1,235,000) TOTALS (27,281,542) 0 (27,281,542) 26 * indicates budget amendment only Attachment number 14 \nPage 6 of 6 Item # 43 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2012 to June 30, 2013 Actual Expenditures Amend Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Fire Protection 91218 Fire Engine Replacement 508,350 508,350 11,886 520,236 493,499 4,370 22,367 1 91221 EMS Capital Equipment 1,226,546 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 942,000 942,000 942,000 760,184 44,013 137,803 91236 Rescue Vehicle 939,869 939,869 939,869 776,771 163,098 91253 Main Station (Fire)8,057,520 11,489,535 11,489,535 1,506,381 9,309,954 673,200 91255 Exhaust Systems 155,480 155,480 (8,022)147,458 147,458 0 C 2 91256 Security Access Systems 90,380 37,647 37,647 37,647 0 C 91257 AED Program 90,550 90,550 90,550 70,113 20,437 91258 Ladder Truck Equipment 150,000 150,000 150,000 147,967 2,033 91259 Radio Replacements 364,640 364,640 364,640 331,438 33,202 91260 Thermal Imaging Cameras 64,860 64,860 64,860 15,200 17,245 32,415 91261 Personal Protection Equipment 1,063,290 1,063,290 1,063,290 785,281 278,009 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 125,000 91263 Extrication Tools 56,000 56,000 56,000 56,000 91264 Fire Hose Replacement 158,180 158,180 158,180 85,869 72,311 91265 EMS Support Vehicles 10,000 10,000 (3,864)6,136 6,136 (0)C 3 91266 Rescue Squad Replacement 850,000 850,000 850,000 775,210 4,370 70,420 91267 Training Facility Concrete Pad Replace 0 90,000 90,000 77,248 7,834 4,918 Sub-Total 14,852,665 18,261,111 0 18,261,111 7,047,882 9,387,786 1,825,443 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 1,919,664 1,000,461 1,227,444 Sub-Total 4,147,569 4,147,569 0 4,147,569 1,919,664 1,000,461 1,227,444 Major Street Maintenance 92259 Traffic Calming 14,567,941 10,084,306 10,084,306 10,084,306 (0)C 92270 Gulf to Bay / Highland Improvement 1,500,000 728,201 728,201 728,201 (0)C 92273 Streets and Sidewalks 14,655,222 10,078,427 10,078,427 10,078,427 0 C 92274 Bridge Maintenance & Improvements 4,411,070 4,411,070 4,411,070 836,119 371,756 3,203,195 92275 Downtown Streetscape- Phase II 3,741,099 3,741,099 4,740 3,745,839 5,539,605 1,600 (1,795,366)4 92276 Traffic Calming Program 480,000 4,963,635 4,963,635 261,733 2,031,156 2,670,746 92277 Streets and Sidewalks 1,729,380 6,294,927 6,294,927 678,290 525,023 5,091,614 Sub-Total 41,084,711 40,301,665 4,740 40,306,405 28,206,681 2,929,535 9,170,189 Sidewalks and Bike Trail 92339 New Sidewalks 655,471 675,471 675,471 542,621 111,920 20,930 Sub-Total 655,471 675,471 0 675,471 542,621 111,920 20,930 Intersections 92551 City-Wide Intersection Improvement 1,110,848 519,008 519,008 519,008 0 C 92552 Signal Renovation 1,310,698 1,310,313 1,310,313 1,310,313 (0)C 92553 New Signal Installation 1,011,789 808,912 808,912 808,912 (0)C 92558 Intersection Improvements-II 3,291,910 1,482,425 1,482,425 1,482,425 0 C 92559 City-Wide Intersection Improvement 50,000 699,056 699,056 699,056 92560 Signal Renovation 45,000 45,385 45,385 31,785 13,600 0 92561 New Signal Installation 40,000 242,877 242,877 5,457 4,450 232,970 92562 Intersection Improvements 300,000 2,122,017 2,122,017 11,282 2,110,735 Sub-Total 7,160,245 7,229,994 0 7,229,994 4,169,182 18,050 3,042,762 Parking 92630 Parking Lot Resurfacing 1,461,603 617,969 617,969 617,969 0 C 92632 Parking Garage Structure Repair 1,693,432 1,297,328 1,297,328 1,297,328 0 C 92636 Parking Lot Improvement 2,267,325 1,761,968 1,761,968 1,761,968 0 C 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000 92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 149,708 450 179,842 92651 Manadalay Pier Demolition 90,000 48,207 48,207 48,207 (0)C 92652 Parking Lot Resurfacing 0 843,633 843,633 843,633 92653 Parking Garage Structure Repair 75,000 471,103 471,103 48,328 27,900 394,875 92654 Parking Lot Improvement 75,000 580,357 580,357 53,457 526,900 Sub-Total 15,392,360 15,350,566 0 15,350,566 4,076,965 28,350 11,245,251 27 Attachment number 15 \nPage 1 of 5 Item # 43 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2012 to June 30, 2013 Actual Expenditures Amend Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering 92822 Miscellaneous Engineering 507,353 418,957 418,957 418,957 (0)C 92839 Downtown Intermodal 575,000 575,000 575,000 519,967 55,033 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 1,953,319 546,681 92841 Miscellaneous Engineering 35,000 123,396 123,396 16,900 19,900 86,596 Sub-Total 3,617,353 3,617,353 0 3,617,353 2,909,143 19,900 688,310 Park Development 93203 Carpenter Field-Infras Rep/Improve 359,380 359,380 359,380 340,384 18,996 93204 Concrete Sidewalk & Pad Repair 692,913 649,737 649,737 649,737 (0)C 93205 Brighthouse Field Infrastructure Imp 775,345 775,345 775,345 775,285 60 93213 Park Amenity Purch & Rplcmnt 969,942 962,141 962,141 962,141 0 C 93229 Tennis Court Resurfacing 713,082 682,772 682,772 682,772 0 C 93230 Playgrd & Fitness Equip Purch-Repl 1,734,910 1,592,832 1,592,832 1,592,832 (0)C 93247 Fitness Equipment Replacement 195,000 195,000 195,000 173,751 21,249 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386 93262 Fencing Replacement Program 1,383,883 1,319,219 1,319,219 1,319,219 (0)C 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93269 Light Replacement 1,876,595 1,825,832 1,825,832 1,825,832 0 C 93271 Swimming Pool R&R 531,573 531,573 531,573 530,254 877 442 93272 Bicycle Paths-Bridges 2,525,896 2,525,896 2,525,896 1,212,056 47,579 1,266,261 93273 Restrooms on Clearwater Beach 923,000 923,000 923,000 879,347 30,585 13,068 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,440 93278 Long Center Infra Repairs 591,645 486,645 18,538 505,183 477,281 1,000 26,902 5 93286 Parking Lot/Bike Path Rsr/Imprv 591,943 556,943 556,943 502,785 54,158 93602 Sp Events Equip Rep & Rplcmnt 170,000 170,000 170,000 137,444 32,556 93604 Brdwlks & Docks Rep & Rplcmnt 350,000 337,000 337,000 239,509 97,491 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 56,775 56,775 56,775 0 C 93608 Miscellaneous Minor Public Art 323,622 249,061 249,061 103,258 2,500 143,303 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93615 Aging Well Center 2,311,566 2,311,566 (18,538)2,293,027 2,293,027 0 C 9 93616 Joe DiMaggio Sports Comp Renova 3,600,000 3,600,000 (3,600,000)0 0 C 10 93618 Miscellaneous Park & Rec Contract 120,000 120,000 120,000 96,293 20,456 3,251 93621 No. Greenwood Rec Ctr Reno 1,096,877 1,038,799 1,038,799 1,038,799 0 C 93622 Joe DiMaggio Rest/Store/Concess 650,000 628,253 628,253 628,253 (0)C 93623 Capitol Theatre 3,550,000 7,305,936 7,305,936 2,153,834 98,047 5,054,055 93624 Pier 60 Park Repairs and Improvements 310,000 510,000 510,000 81 509,919 93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000 93626 FDOT Median & ROW Enhancement 220,525 240,206 240,206 191,104 13,487 35,615 93628 Carpenter/Bright House Fld Imp 3,250,000 3,217,518 (18)3,217,500 3,217,500 (0)C 11 93629 North Greenwood Athletic Fields 495,000 595,000 56,825 651,825 560,401 36,247 55,177 12 93630 Sid Lickton Complex Renovations 2,500,000 3,294,825 3,294,825 1,597,518 1,676,949 20,358 93631 Phillip Jones Park Renovations 822,490 822,490 275,000 1,097,490 515,234 237,839 344,417 13 93633 Pier 60 Park Repairs and Improvements 60,000 60,000 60,000 350 16,900 42,750 93634 Concrete Sidewalk & Pad Repair 50,000 93,176 93,176 19,634 73,542 93635 Park Amenity Purch & Rplcmnt 55,000 62,800 62,800 56,371 6,429 93636 Tennis Court Resurfacing 35,000 40,310 40,310 40,310 93637 Playground & Fitness Purch & Rplc 85,000 227,079 20,000 247,079 35,756 211,323 14 93638 Fencing Replacement Program 95,000 89,664 89,664 23,605 66,059 93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 15 Sub-Total 38,647,135 43,028,722 (2,641,683)40,387,039 25,638,738 2,182,466 12,565,835 28 Attachment number 15 \nPage 2 of 5 Item # 43 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2012 to June 30, 2013 Actual Expenditures Amend Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities 93403 Beach Guard Facility Maint 120,000 120,000 120,000 109,884 10,116 93405 Downtown Boat Slips 12,607,209 12,693,770 12,693,770 12,129,125 174,826 389,819 93410 Downtown Boat Slips Maintenance 45,000 45,000 45,000 11,892 33,108 93411 Clearwater Beach Life Guard Reno 571,985 571,985 (1,568)570,417 564,807 5,610 C 6 93412 City-wide Seawall Replacement 1,015,000 1,015,000 1,015,000 466,682 59,160 489,158 93413 Utilities/Services Replace 433,966 405,463 405,463 405,463 (0)C 93414 Clearwater Pass Maintenance Dredging1,000,000 503,796 503,796 503,796 (0)C 93415 Waterway Maintenance 15,000 260,000 260,000 14,860 245,140 93417 Pier 60 Refurbishment 500,000 600,000 600,000 246,838 343,149 10,013 93418 Utilities Services Replacement 5,000 53,504 25,000 78,504 33,445 45,059 7 93419 Dock Replacement & Repair 15,000 21,727 21,727 11,980 9,747 93420 Fuel System R & R 60,000 62,752 (25,000)37,752 2,500 35,252 8 93421 Marine Facilities Dredging & Maint 15,000 18,715 18,715 1,975 16,740 93422 Dredging of City Waterways 0 246,204 246,204 246,204 93429 Dock Replacement & Repair 389,040 382,313 382,313 382,313 0 C 93490 Fuel System R&R 109,792 87,041 87,041 87,041 (0)C 93495 Dock Construction 24,858 24,858 24,858 16,408 8,450 93496 Marine Fac Dredge/Maint 621,781 618,066 618,066 618,066 0 C 93497 Docks & Seawalls 986,085 986,085 986,085 552,272 433,813 93499 Pier 60/Sailing Center Maint 221,952 221,952 221,952 181,907 5,234 34,811 Sub-Total 18,756,668 18,938,229 (1,568)18,936,661 16,341,254 582,369 2,013,038 Airpark 94817 Airpark Maint & Repair 114,000 124,000 124,000 110,673 13,327 94846 FBO Bldg Improvements 487,700 487,698 487,698 487,698 (0)C 94854 Multi Plane Hangars 706,788 706,665 706,665 706,665 0 C 94858 Airpark Security Improvements 166,799 173,014 173,014 143,771 29,243 94871 Airpark Run/Taxi Exten & Rehab 1,875,000 2,000,000 2,000,000 733,794 1,182,730 83,476 Sub-Total 3,350,287 3,491,377 0 3,491,377 2,182,601 1,182,730 126,046 Libraries 93527 Books & Other Lib Mat - II 6,604,601 6,604,601 6,604,601 6,091,371 1,866 511,364 93528 Countryside Library Renovation 5,000,000 5,000,000 5,000,000 91,548 553,750 4,354,702 93529 Main Library Entryway Improve 130,000 130,000 130,000 5,499 65,582 58,919 93530 Consolidated Eastside/SPC Library 500,000 500,000 500,000 500,000 Sub-Total 12,234,601 12,234,601 0 12,234,601 6,188,418 621,198 5,424,985 Garage 94233 Motorized Equip-Cash II 986,331 1,065,556 1,065,556 941,105 9,884 114,567 94234 Motorized Equip - LP II 28,025,408 24,793,617 24,793,617 24,793,617 (0)C 94238 Police Vehicles 1,200,001 1,200,001 1,200,001 847,824 352,177 94241 Motorized Equipment Replace - L/P 5,039,600 8,271,392 8,271,392 1,571,168 3,627,240 3,072,984 Sub-Total 35,251,341 35,330,566 0 35,330,566 28,153,714 3,637,124 3,539,728 Building Maintenance 94510 Air Cond Replace-City Wide 2,471,116 2,571,451 2,571,451 2,298,265 5,000 268,186 94512 Roof Repairs 617,635 617,635 617,635 513,809 103,826 94514 Roof Replacements 1,790,856 1,790,352 1,790,352 1,194,054 596,298 94517 Painting of Facilities 940,810 940,810 940,810 601,716 339,094 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 918,952 918,952 918,952 733,828 185,124 94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 164,663 55,337 94528 Light Replacement & Repair 66,000 134,931 134,931 134,930 1 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 Sub-Total 8,140,180 8,308,942 0 8,308,942 5,824,427 5,000 2,479,515 94625 Development Services Center 1,151,160 1,151,160 1,151,160 7,981 12,000 1,131,179 Sub-Total 1,151,160 1,151,160 0 1,151,160 7,981 12,000 1,131,179 General Public City Buildings & Equipment 29 Attachment number 15 \nPage 3 of 5 Item # 43 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2012 to June 30, 2013 Actual Expenditures Amend Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 1,806,478 1,806,478 1,806,478 1,385,556 420,922 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 493,658 493,658 493,658 244,249 249,409 94803 Environmental Assmt & Clean-up 890,964 890,964 890,964 645,605 33,679 211,680 94814 Network Infra & Server Upgrade 2,285,057 2,285,057 2,285,057 1,965,561 83,638 235,858 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 75,420 38,771 335,809 94824 IT Disaster Recovery 350,000 350,000 350,000 266,904 83,096 94827 Telecommunications Upgrade 429,000 429,000 429,000 275,794 38,404 114,802 94828 Financial Systems Upgrades 701,628 701,628 701,628 208,180 30,897 462,551 94829 CIS Upgrades / Replacement 747,376 747,376 747,376 318,999 428,377 94830 MS Licensing / Upgrades 575,000 575,000 575,000 489,593 85,407 94833 Computer Monitors 320,000 320,000 320,000 305,877 14,123 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 142,700 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 135,215 364,481 304 94857 Accela Permitting & Code Enforce 150,000 150,000 150,000 26,205 555 123,240 94861 Library Technology 1,250,000 1,250,000 1,250,000 592,549 657,451 94873 Citywide Camera System 160,000 160,000 160,000 100,517 4,483 55,000 94874 City Enterprise Timekeeping System 185,000 185,000 185,000 158,910 26,090 Sub-Total 13,186,887 13,186,887 0 13,186,887 7,936,481 1,187,457 4,062,949 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 15,674,385 15,874,385 (85,766)15,788,619 9,474,982 245,972 6,067,665 16 96125 Town Lake 8,396,726 8,396,726 446,284 8,843,010 8,156,571 108,398 578,041 17 96129 Stevenson Creek Estuary Restoration 6,337,055 6,337,055 6,337,055 5,344,918 992,137 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 981,830 26,170 96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 299,783 73,870 125,597 96168 Stormwater System Expansion 1,257,956 1,257,956 1,257,956 109,505 1,148,451 96169 Stevenson Creek 2,687,122 2,687,122 2,687,122 1,387,008 1,030,996 269,118 96170 Coastal Basin Projects 7,543,178 6,193,178 6,193,178 1,664,179 1,750,417 2,778,582 96173 Alligator Creek Watershed Projects 2,916,490 2,916,490 2,916,490 795,561 295,933 1,824,996 96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 93,040 18,614 88,346 96177 Jeffords Street Outfall 400,000 400,000 400,000 75,624 36,540 287,836 96178 Smallwood Circle 300,000 300,000 40,000 340,000 181,252 63,181 95,567 18 96179 Tropic Hills Phase III 2,500,000 2,500,000 2,500,000 53,722 1,424,353 1,021,925 96180 Stormwater Maint St Sweeping Fac 376,511 376,511 376,511 191,688 103,500 81,323 96181 Jeffords Street Channel 1,200,000 1,200,000 1,200,000 4,542 1,195,458 96182 Stormwater Maintenance R & R 200,000 0 0 0 C 96183 Mandalay Ave Outfall 0 1,600,000 1,600,000 359 1,187,211 412,430 96184 Magnola Drive Outfall 0 1,100,000 1,100,000 70,604 192,474 836,922 Sub-Total 51,496,672 52,846,672 400,519 53,247,190 28,885,168 6,531,459 17,830,563 Water System 96721 System R & R - Maintenance 2,666,799 2,666,799 2,666,799 1,994,005 40,950 631,844 96739 Reclaimed Water Dist Sys 64,650,279 64,150,279 (3,000,000)61,150,279 59,517,313 938,885 694,081 30 96740 Water Supply/Treatment 5,570,430 5,570,430 5,570,430 4,897,483 38,075 634,872 96741 System R & R-Capitalized 9,336,996 9,336,996 9,336,996 8,291,072 43,794 1,002,130 96742 Line Relocation-Capitalized 12,364,486 11,764,486 11,764,486 9,775,303 268,530 1,720,653 96743 Mtr Bkflow Prev Dev/Change 4,304,046 4,304,046 4,304,046 2,751,985 1,552,061 96744 System Expansion 3,499,673 1,799,673 1,799,673 1,770,556 29,117 96752 Water Service Lines 4,692,119 4,692,119 4,692,119 3,605,553 1,086,566 96764 RO Plant Exp Res #1 14,786,081 16,820,481 45,270 16,865,751 7,573,291 8,754,605 537,855 31 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745 96767 RO Plant at Res #2 21,024,815 50,814,918 (5,865,950)44,948,968 8,174,088 35,662,245 1,112,635 32 96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 95,408 154,592 96773 Groundwater Replenishment Facility 8,579,863 8,579,863 (4,799,030)3,780,833 1,123,644 1,567,241 1,089,948 33 96774 Automated Meter Reading 4,000,000 4,000,000 (4,000,000)0 0 34 96775 Arsenic Treatment WTP #3 1,594,420 1,594,420 (1,235,000)359,420 24,932 122,250 212,238 35 Sub-Total 157,920,007 186,944,510 (18,854,710)168,089,800 109,602,888 47,436,575 11,050,337 30 Attachment number 15 \nPage 4 of 5 Item # 43 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2012 to June 30, 2013 Actual Expenditures Amend Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96202 WWTP Screw Pump Replacement 4,247,973 4,251,391 (852,614)3,398,776 1,892,978 38,126 1,467,672 19 96204 WWTP UV Disinfections System 3,000,000 3,000,000 (2,200,000)800,000 800,000 20 96611 Bio-Solids Treatment 7,791,761 7,791,761 7,791,761 7,684,630 107,131 96615 Odor Control 2,066,860 2,066,860 (4,337)2,062,523 1,889,789 36,345 136,389 25 96619 WWTP Generator Replacements 5,188,419 5,188,419 (277,036)4,911,383 2,648,044 90,336 2,173,003 26 96621 WWTP New Presses 3,513,985 3,513,985 (111,405)3,402,580 3,148,584 232,595 21,401 27 96630 Sanitary Sewer Extension 9,698,894 9,698,894 9,698,894 1,965,066 6,734,521 999,307 96634 Sanitary Util Reloc Accmmdtn 4,641,813 4,641,813 4,641,813 3,483,266 180,199 978,348 96645 Laboratory Upgrade & R&R 2,016,259 2,016,259 2,016,259 958,116 16,098 1,042,045 96654 Facilities Upgrade & Improvement 16,118,882 16,118,882 16,118,882 11,913,607 2,702,379 1,502,896 96664 WPC R & R 18,737,063 17,837,063 262,901 18,099,964 15,712,513 242,751 2,144,700 28 96665 Sanitary Sewer R&R 30,782,809 30,748,409 (5,000,000)25,748,409 18,637,492 1,097,770 6,013,147 29 96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,551 96670 Poll Stor Tank Remov-WPC 207,756 207,756 207,756 205,985 1,771 96686 Pump Station Replacement 18,076,977 18,076,977 18,076,977 13,440,874 1,633,331 3,002,772 Sub-Total 128,675,972 127,744,990 (8,182,491)119,562,499 85,906,915 13,004,451 20,651,133 Gas System 96358 Environmental Remediation 2,204,794 2,204,794 2,204,794 1,362,684 185,223 656,887 96365 Line Relocation-Pinellas Maint 1,806,927 1,806,927 1,806,927 502,334 1,304,593 96367 Gas Meter Change Out-Pinellas 1,440,000 1,440,000 1,440,000 593,803 846,197 96374 Line Relocation-Pinellas Capital 3,186,983 3,186,983 3,186,983 2,148,390 1,038,593 96376 Line Relocation - Pasco Maint 780,000 780,000 780,000 58,683 721,317 96377 Pinellas New Main / Service Lines 20,493,293 20,524,584 4,237 20,528,821 17,548,200 5,826 2,974,795 21 96378 Pasco New Mains / Service Lines 10,226,330 10,226,330 10,226,330 9,024,119 254,042 948,169 96379 Pasco Gas Meter Change Out 970,000 970,000 970,000 167,710 802,290 96381 Line Reloc-Pasco-Capital 805,000 805,000 805,000 2,535 802,465 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 813,865 178,135 96384 Gas Building Renovation 1,249,675 1,249,675 1,249,675 480,880 768,795 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 955,037 602,808 96386 Expanded Energy Conservation 1,225,709 1,225,709 300,000 1,525,709 1,186,074 37,096 302,539 22 96387 Natural Gas Vehicle 2,700,000 2,950,000 2,950,000 2,507,426 442,574 96388 Gas Administrative Vehicles 0 37,618 37,618 37,618 Sub-Total 49,638,556 49,957,464 304,237 50,261,702 37,351,740 482,187 12,427,775 Solid Waste 96426 Facility R & R 1,932,608 1,932,608 1,932,608 1,486,217 2,045 444,346 96443 Res Container Acquisition-II 1,191,741 1,191,741 1,191,741 849,530 14 342,197 96444 Comm Container Acquisition-II 2,450,020 2,450,020 2,450,020 1,765,896 684,124 96445 Solar Trash & Recycling Kiosks 0 0 189,414 189,414 189,414 23 Sub-Total 5,574,369 5,574,369 189,414 5,763,783 4,101,643 2,059 1,660,081 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 362,184 362,184 362,184 238,808 2,764 120,612 Sub-Total 521,717 521,717 0 521,717 390,404 2,764 128,549 Recycling 96804 Recycling Carts/Dumpsters 720,925 720,925 720,925 500,466 220,459 96805 Recyc Expan/Prom/R&R 1,251,525 1,251,525 1,251,525 788,247 463,278 96446 Single Stream Recycling Carts 0 0 1,500,000 1,500,000 1,500,000 Sub-Total 1,972,450 1,972,450 1,500,000 3,472,450 1,288,713 0 2,183,737 TOTAL ALL PROJECTS 613,428,372 650,816,383 (27,281,542)623,534,841 408,673,223 90,365,841 124,495,777 31 Attachment number 15 \nPage 5 of 5 Item # 43 Special Program Fund Third Quarter Budget Amendments October 1, 2012 - June 30, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Planning Programs Clearwater Downtown Partnership Grant 1 99566 500 To establish the project and record a budget of $500 representing a grant from the Clearwater Downtown Partnership for the pop-up park event at the Farmer's Market.500 Planning Program: Totals:500 - 500 Public Safety Programs RNC Police Overtime - CLOSE PROJECT 2 99201 (796,430) To record a budget decrease of $796,429.82 in General Fund revenue and return these funds to the General Fund. This project is complete and will be closed at third quarter.(796,430) RNC Support - CLOSE PROJECT 3 99202 (357,718) To record a budget transfer of $357,717.55 in General Fund revenue to project 181-99927,Emergency Operations. This project is complete and will be closed at third quarter.(357,718) RNC Fire Overtime - CLOSE PROJECT 4 99203 (119,707) To record a budget decrease of $119,707.34 in General Fund revenue and return these funds to the General Fund. This project is complete and will be closed at third quarter.(119,707) 2013 RRT - Invest Cost Recovery - NEW PROJECT 5 99243 52,377 To establish the project and record a transfer of $52,377 in fines,forfeitures and penalties revenue from project 181- 99329,Investigative Recovery Costs to provide voluntary cash match to fund the difference in the grant funding for the program.This was approved by the Council on September 5,2013 to continue the Report Review Team program for another year and add additional 0.2 FTE. 52,377 AmeriCorps Clearwater 2014 - NEW PROJECT 6 99244 139,651 89,291 To establish the project and record an increase of $139,651 in grant funding from The Corporation for National and Community Service for Federal Assistance. To record a transfer of $89,291 in fines,forfeitures and penalties revenue from project 181-99331,Law Enforcement Trust Fund to provide cash match for the program as approved by the Council on August 14, 2013.228,942 2013 Report Review Team - NEW PROJECT 7 99245 56,631 To establish the project and record an increase of $56,631 in grant funding from the Department of Justice,Bureau of Justice Assistance Edward Byrne Memorial Justice Assistant Grant.This was approved by the Council on September 5,2013 to continue the Report Review Team program for another year.56,631 32 Attachment number 16 \nPage 1 of 5 Item # 43 Special Program Fund Third Quarter Budget Amendments October 1, 2012 - June 30, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Human Trafficking Task Force - CLOSE PROJECT 8 99256 (38,723) To record a budget decrease of $38,723.08 in grant funding from the US Department of Justice to bring the budget in line with actual receipts and close the project.(38,723) School Resource Officers 9 99264 11,630 To record a budget increase of $11,629.51 in police reimbursement revenue to bring the budget in line with actual receipts.11,630 Police Education Fund 10 99317 8,771 To record a budget increase of $8,770.73 in police education fine revenue to bring the budget in line with actual receipts.8,771 Investigative Recovery Costs 11 99329 115,950 (52,377) To record a budget increase of $74,775.07 in US Department of Justice grant revenue,and an increase of $41,175.32 in fines,forfeitures and penalties revenue to bring the budget in line with actual receipts. To record a transfer of $52,377 in fines,forfeitures and penalties revenue to project 181-99243,2013 RRT - Investigative Cost Recovery to provide cash match for the new project year as approved by the Council on September 5, 2013.63,573 FL Contraband Forfeiture Fund 12 99330 71,585 (175,000) To record a budget increase of $71,585.38 in fines, forfeitures and penalties revenue to bring the budget in line with actual receipts. To record a transfer of $175,000 in fines,forfeitures and penalties revenue to project 181-99331,Special Law Enforcement Trust Fund.(103,415) Law Enforcement Trust Fund 13 99331 25,709 To record a transfer of $175,000 in fines,forfeitures and penalties revenue from project 181-99330,FL Contraband Forfeiture Fund;a transfer of $60,000 of fines,forfeitures and penalties revenue to project 181-99356,Safe Neighborhood Program;and a transfer of $89,291 in fines, forfeitures and penalties revenue to project 181-99244, AmeriCorps Clearwater 2014 as approved by the Council on August 14, 2013.25,709 Vehicle Replacement 14 99350 4,729 To record a transfer of $4,729 in police services revenue from project 181-99908,Police Outside Duty.This represents revenue collected for the third quarter of fiscal year 2013 for vehicle usage on extra duty jobs.4,729 33 Attachment number 16 \nPage 2 of 5 Item # 43 Special Program Fund Third Quarter Budget Amendments October 1, 2012 - June 30, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Safe Neighborhood Program 15 99356 60,000 To record a budget transfer of $60,000 in fines,forfeitures and penalties revenue from project 181-99331,Law Enforcement Trust Fund.60,000 Federal Forfeiture Sharing 16 99387 13,118 To record a budget increase of $13,117.61 in US Department of Justice grant revenue to bring the budget in line with actual receipts.13,118 Public Safety Program Totals:(537,525) (352,989) (890,513) Community Development Housing Rehab 2012 - CLOSE PROJECT 17 99601 (42,372) To record a budget transfer of $42,371.70 of the remaining Community Development Block Grant revenue to project 181-99732,Housing Rehab 2013 in order to close the project at year end.(42,372) Program Administration 2012 - CLOSE PROJECT 18 99602 (15,764) To record a budget transfer of $15,764.35 of the remaining Community Development Block Grant revenue to project 181-99732,Housing Rehab 2013 in order to close the project at year end.(15,764) Infill Housing 2012 - CLOSE PROJECT 19 99605 (118,038) To record a budget transfer of $115,520.74 of the remaining Community Development Block Grant revenue to project 181-99732,Housing Rehab 2013;and $2,517 of the remaining Community Development Block Grant revenue to project 181-99730,Public Facilities 2013 in order to close the project at year end.(118,038) Public Services 2012 - CLOSE PROJECT 20 99606 (4,148) To record a budget transfer of $4,148 of the remaining Community Development Block Grant revenue to project 181-99732,Housing Rehab 2013 in order to close the project at year end.(4,148) Housing Rehab 2011 - CLOSE PROJECT 21 99640 (490,354) To record a budget transfer of $490,353.76 of the remaining Community Development Block Grant revenue to project 181-99730,Public Facilities 2013 in order to close the project at year end.(490,354) 34 Attachment number 16 \nPage 3 of 5 Item # 43 Special Program Fund Third Quarter Budget Amendments October 1, 2012 - June 30, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Facilities 2013 22 99730 (56,825) 492,871 To record a budget transfer of $492,870.76 of the remaining Community Development Block Grant revenue in order to close projects 99605 and 99640 at year end.This transfer represents $2,517 from project 181-99605,Infill Housing 2012;and $490,353.76 from project 181-96640, Housing Rehab 2011. To record a budget decrease of $56,825 of Community Development Block Grant revenue to provide funding to capital improvement project 315-93629,North Greenwood Athletics Fields.436,046 Economic Development 2013 23 99732 177,805 To record a budget transfer of $177,804.79 of the remaining Community Development Block Grant revenue in order to close projects 99601,99602,99605 and 99606 at year end.This transfer represents $42,371.70 from project 181-99601,Housing Rehab 2012;$15,764.35 from project 181-99602,Program Administration 2012;$115,520.74 from project 181-99605,Infill Housing 2012;and $4,148 from project 181-99606, Public Services 2012.177,805 Community Development Projects: Totals:(56,825) - (56,825) Social Services Affordable Housing Impact Fees 24 99538 3,918 To record an increase of $3,917.99 in interest earnings to bring the budget in line with actual receipts.3,918 Social Services Projects: Totals:3,918 - 3,918 Miscellaneous Programs: Economic Development QTI 25 99846 7,144 To record a budget increase of $7,144.25 in Other Governmental revenue representing a tax refund.This will bring the budget in line with actual receipts.7,144 Special Events 26 99865 295,823 To record a net budget increase of 295,822.96, representing $31,306.92 in rental income;$95,650.09 in sponsorships;$110,900 in memberships and registrations; $678.21 in donations;$74,578.42 in reimbursements;and a decrease of $17,290.68 in sales.This will bring the budget in-line with actual receipts for the quarter.295,823 35 Attachment number 16 \nPage 4 of 5 Item # 43 Special Program Fund Third Quarter Budget Amendments October 1, 2012 - June 30, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Centennial Celebration - NEW PROJECT 27 99867 150,000 To establish the project and record an increase of $150,000 in General Fund revenues as approved by the Council on July 18, 2013. 150,000 State Brownfield Redevelopment 28 99871 251 To record a budget increase of $251.45 in interest earnings to bring the budget in line with actual receipts.251 Police Outside Duty 29 99908 447,846 (4,729) To record a budget increase of $447,845.50 in police services revenue to bring the budget in line with actual receipts. To record a transfer of $4,729 in police services revenue to project 181-99350,Vehicle Replacement.This represents revenue collected during third quarter for vehicle usage on extra duty jobs.443,117 Library Special Account 30 99910 10,608 To record a budget increase of $10,608.32 in donation revenue to bring the budget in line with actual receipts.10,608 Emergency Operations 31 99927 357,718 To record a budget transfer of $357,717.55 in General Fund revenue from project 99202,RNC Support.A transfer from this project was the original source of funding for the RNC Support project,which is now being closed,returning these funds at third quarter.357,718 Tree Replacement Project 32 99970 40,632 To record a budget increase of $40,632 in fines,forfeitures and penalties revenue to bring the budget in line with actual receipts.40,632 Miscellaneous Programs Total:952,304 352,989 1,305,293 Project Total:362,373 - 362,373 100,000 To record an allocation of $100,000 from Special Program Fund Unassigned Fund Balance to fund increased costs for capital project 315-93417,Pier 60 Refurbishment as approved by the Council on March 21, 2013. This amendment was presented in the Mid Year review, however it was not reflected in the Mid Year Ordinance.100,000 Special Program Fund Grand Total:462,373 - 462,373 36 Attachment number 16 \nPage 5 of 5 Item # 43 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2012 to June 30, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2012 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99566 Clearwater Dwntwn Partnership Grant - - 500 500 - - 500 1 Sub-Total 289,000 289,000 500 289,500 149,927 - 139,573 PUBLIC SAFETY PROGRAMS 99201 RNC Police Overtime 838,000 1,308,586 (796,430) 512,156 512,156 - 0 C 2 99202 RNC Support 400,000 400,000 (357,718) 42,282 42,282 - 0 C 3 99203 RNC Fire 246,000 246,000 (119,707) 126,293 126,293 - (0) C 4 99243 2013 RRT - Invest Cost Recovery - - 52,377 52,377 18,732 - 33,645 5 99244 AmeriCorps 2014 - - 228,942 228,942 - - 228,942 6 99245 2013 Report Review Team - - 56,631 56,631 - - 56,631 7 99246 AmeriCorps 2013 - 270,606 - 270,606 114,475 - 156,131 99247 2012 RRT - Invest Cost Recovery 45,672 45,672 - 45,672 18,732 - 26,940 99248 2012 Report Review Team Program 60,658 60,658 - 60,658 59,487 - 1,171 99249 Firing Range Improvements 50,000 50,000 - 50,000 50,000 - - 99250 Americorps 2012 255,481 255,481 - 255,481 248,616 - 6,865 99252 CATFHT Enhancement Program 346,159 346,159 - 346,159 272,685 238 73,236 99253 Report Review Team Pilot Program 74,412 72,185 - 72,185 72,185 - 0 C 99255 AmeriCorp Clearwater 2011 242,882 223,589 - 223,589 223,589 - 0 C 99256 Human Trafficking Task Force Contd 146,150 146,150 (38,723) 107,427 107,427 - (0) C 8 99264 School Resource Officers 863,943 1,164,270 11,630 1,175,899 1,131,898 - 44,001 9 99279 Police Recruitments 65,155 65,155 - 65,155 53,107 - 12,048 99281 Fed Forfeitures - Treasury 147,862 148,282 - 148,282 120,171 - 28,111 99316 Police Volunteers 115,421 115,421 - 115,421 112,249 - 3,172 99317 Police Education Fund 1,161,834 1,180,283 8,771 1,189,054 1,095,446 - 93,608 10 99325 Citizen's Police Academy 39,113 39,113 - 39,113 30,356 - 8,757 99329 Investigative Recovery Costs 1,666,081 1,791,166 63,573 1,854,739 1,500,141 1,250 353,348 11 99330 FL Contraband Forfeiture Fnd 1,064,801 1,270,854 (103,415) 1,167,440 603,255 - 564,185 12 99331 Law Enforcement Trust Fund 2,842,633 2,611,201 25,709 2,636,910 2,554,265 - 82,645 13 99350 Vehicle Replacement Fund 199,605 213,818 4,729 218,547 - 28,916 189,631 14 99356 Safe Neighborhood Program 515,046 515,046 60,000 575,046 489,564 - 85,482 15 99364 Crime Prevention Program 24,204 24,204 - 24,204 23,642 - 562 99387 Federal Forfeiture Sharing 1,529,549 1,537,188 13,118 1,550,306 1,167,414 308 382,584 16 Sub-Total 12,940,661 14,101,087 (890,513) 13,210,574 10,748,167 30,712 2,431,695 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99601 Housing Rehab 2012 438,720 438,720 (42,372) 396,349 396,349 - (0) C 17 99602 Program Administration 2012 167,648 167,648 (15,764) 151,884 151,884 - (0) C 18 99604 Relocation/Demolition 2012 36,098 36,098 - 36,098 (10,658) - 46,756 99605 Infill Housing 2012 118,659 118,659 (118,038) 621 621 - (0) C 19 99606 Public Services 2012 141,351 141,351 (4,148) 137,203 137,203 - - C 20 99640 Housing Rehab 2011 752,445 632,445 (490,354) 142,091 142,091 - (0) C 21 99643 Relocation/Demolition 2011 8,165 8,165 - 8,165 7,475 690 - 99646 NSP2 Administration 200,088 200,088 - 200,088 129,093 - 70,995 99698 Public Facilities 2012 152,180 152,180 - 152,180 152,180 - - C 99730 Public Facilities 2013 273,197 358,197 436,046 794,243 - 273,197 521,046 22 99731 Economic Development 2013 10,000 45,000 - 45,000 1,994 - 43,006 99732 Housing Rehab 2013 140,000 140,000 177,805 317,805 53,766 - 264,039 23 99733 Program Administration 2013 143,999 143,999 - 143,999 131,710 - 12,289 99735 Infill Housing 2013 25,000 25,000 - 25,000 4,566 - 20,434 99736 Public Services 2013 127,799 127,799 - 127,799 97,574 30,225 - Sub-Total 2,850,349 2,850,349 (56,825) 2,793,524 1,445,182 304,112 1,044,230 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 419,704 419,704 3,918 423,622 163,019 - 260,603 24 99562 HUD Special Education 30,000 30,000 - 30,000 27,000 - 3,000 Sub-Total 449,704 449,704 3,918 453,622 190,019 - 263,603 MARINE 99704 Sembler Mitigation Project 676,621 684,891 - 684,891 134,480 - 550,411 Sub-Total 676,621 684,891 - 684,891 134,480 - 550,411 37 Attachment number 17 \nPage 1 of 2 Item # 43 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2012 to June 30, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2012 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 225,733 - 974,267 99835 JWB Programmer N. Greenwood 339,780 306,835 - 306,835 306,835 - 0 C 99844 United Way 6,080 6,080 - 6,080 5,530 - 550 99846 Economic Development - QTI 78,585 78,585 7,144 85,729 52,116 - 33,613 25 99851 Special Events 7,350,528 7,221,260 7,221,260 7,221,260 - 0 C 99863 Pension Changes 200,000 200,000 - 200,000 167,905 - 32,095 99864 Clearwater Gateway Farmer's Mkt - 20,000 - 20,000 8,808 - 11,192 99865 Special Events 70,000 965,853 295,823 1,261,676 788,266 32,550 440,860 26 99867 Centennial Celebration - - 150,000 150,000 - - 150,000 27 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 72,617 106,301 - 106,301 91,812 - 14,489 99871 State Brownfields Redevelopment Acct 164,177 164,475 251 164,726 116,243 - 48,483 28 99872 Coordinated Child Care - Ross Norton 336,657 574,216 - 574,216 306,117 - 268,099 99873 Coordinated Child Care -No. Greenwood 221,741 142,713 - 142,713 142,713 - 0 C 99908 Police - Outside Duty 6,925,560 7,354,072 443,117 7,797,189 7,573,800 - 223,389 29 99910 Library Special Account 706,050 721,833 10,608 732,441 614,194 - 118,247 30 99925 Peg Access Support 838,261 838,261 - 838,261 796,977 - 41,284 99927 Emergency Operations 3,360,601 4,816,942 357,718 5,174,659 2,966,111 23,567 2,184,981 99928 Nagano Sister City Program 93,737 93,737 - 93,737 69,103 - 24,634 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,126,010 1,192,788 40,632 1,233,420 668,871 3,418 561,131 31 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 99997 Main Library Field Trust 115,571 115,571 - 115,571 114,127 - 1,444 Sub-Total 23,981,287 26,894,852 1,305,293 28,200,145 22,869,661 59,535 5,270,949 TOTAL ALL PROJECTS 41,187,622 45,269,884 362,373 45,632,257 35,537,436 394,359 9,700,461 38 Attachment number 17 \nPage 2 of 2 Item # 43 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter FY 2012/13 Increase/ (Decrease)Description Revenues Interest Earnings 360,000 An increase in interest earnings to bring the budget in line with actual and estimated receipts for the remaining months of the year. Pinellas County 670,838 An increase in other governmental revenue from Pinellas County recognizing reimbursement received from the County for the closed Gulf to Bay Beautification project.These funds will be directed to reimburse Penny funds that were spent on the project. Fee in Lieu of Drainage Retention 16,590 An increase to Fee in Lieu of Drainage Retention to bring the budget in line with actual receipts for the year. Recreation Land Impact Fee 35,560 An increase to Recreation Land Impact Fee to bring the budget in line with actual receipts for the year. Open Space Fee 34,550 An increase to Open Space Fee to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fee (22,250) A decrease to Recreation Facility Impact Fee to bring the budget in line with actual receipts for the year. Fee in Lieu of Sidewalks 890 An increase to Fee in Lieu of Sidewalks to bring the budget in line with actual receipts for the year. Allocation of Assigned Fund Balance 825,018 Amendments include an allocation of Fee in Lieu of Drainage Retention revenue for $85,538.11 to provide funding for the Town Lake project as approved by the Council on August 14,2013;and an allocation of Penny for Pinellas Funds (Sales Tax Infrastructure) for $739,480 which represents the debt payments for the Central Insurance loan for the new Main Fire Station as approved by the City Council on November 15, 2012. Allocation of Unassigned Fund Balance 606,510 An allocation of unassigned fund balance for $606,510 to fund the Marina District Boardwalk and Entry Nodes project as approved by the Council on August 14, 2013. 2,527,706$ Net Revenue Amendments 39 Attachment number 18 \nPage 1 of 2 Item # 43 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter FY 2012/13 Expenditures Transfer to Capital Improvement Fund 692,048 Third quarter expenditure amendments reflect a net increase of $692,048.11.Amendments include a transfer of $85,538.11 in Fee in Lieu of Drainage Retention revenue to capital project 315-96125,Town Lake;and a transfer of $606,510 of unassigned fund balance to capital project 315-93639,Marina District Boardwalk and Entry Nodes.Both transfers were approved by the Council on August 14, 2013. Infrastructure Tax - Debt on Internal Loans 739,480 Third quarter expenditure amendments reflect an increase of $739,480 which represents the debt payments for the Central Insurance loan for the new Main Fire Station as approved by the Council on November 15, 2012. 1,431,528$ Net Expenditure Amendments 40 Attachment number 18 \nPage 2 of 2 Item # 43 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2012 - June 30, 2013 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2012/13 2012/13 2012/13 2012/13 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 1,774,380 1,774,380 1,774,380 1,774,380 Infrastructure Tax 8,381,110 8,381,110 8,381,110 8,381,110 Pinellas County - - - 670,838 670,838 Interest Earnings 35,000 35,000 35,000 395,000 360,000 Fee in Lieu of Drainage Retention - - - 16,590 16,590 Fee in Lieu of Sidewalks - - - 890 890 Open Space Fees 20,000 20,000 20,000 54,550 34,550 Recreation Facility Impact Fees 25,000 25,000 25,000 2,750 (22,250) Recreation Land Impact Fees 25,000 25,000 25,000 60,560 35,560 Transportation Impact 125,000 125,000 125,000 125,000 Local Option Gas Tax 1,400,000 1,400,000 1,400,000 1,400,000 Allocation of Assigned Fund Balance 1,408,890 1,769,550 1,769,550 2,594,568 825,018 Allocation of Unassigned Fund Balance 1,151,160 1,151,160 1,151,160 1,757,670 606,510 14,345,540 14,706,200 14,706,200 17,233,906 2,527,706 Expenditures: Transfer to Capital Improvement Fund Road Millage 1,774,380 1,774,380 1,774,380 1,774,380 Infrastructure Tax 9,625,000 9,985,660 9,213,861 9,213,861 Drainage Impact Fees - - 85,538 85,538 Transportation Impact fees 290,000 290,000 290,000 290,000 Local Option Gas Tax 1,396,030 1,396,030 1,396,030 1,396,030 Unassigned Fund Balance - Development Svc Center 1,151,160 1,151,160 1,151,160 1,151,160 Unassigned Fund Balance - Marina District Boardwalk & Entry Nodes - - - 606,510 606,510 Infrastructure Tax - Debt on Internal Loans - - - 739,480 739,480 14,236,570 14,597,230 13,825,431 15,256,959 1,431,528 41 Attachment number 19 \nPage 1 of 2 Item # 43 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2012 - June 30, 2013 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2012/13 2012/13 2012/13 2012/13 Amendments SPECIAL PROGRAM FUND Revenues: CDBG Program Income 1,021,560 1,021,560 1,021,560 1,021,560 Interest Earnings 50,000 78,412 78,412 82,581 4,169 Grant Funds - 427,458 432,386 621,512 189,127 Other Governmental Revenue - 509,408 1,895,924 1,903,068 7,144 Police Fines and Court Proceeds - 285,918 353,413 515,576 162,163 Donations - 15,921 23,649 34,935 11,287 Sales - 200,918 600,659 583,369 (17,291) Rentals - 19,123 27,363 58,670 31,307 Sponsorships - 23,600 46,600 142,250 95,650 Memberships/Registrations - 3,100 5,700 116,600 110,900 Contractual Services - 556,258 668,157 1,202,210 534,053 Transfers from General Fund - - - (766,137) (766,137) Sister City Program 3,000 3,000 3,000 3,000 Special Events 70,000 70,000 70,000 70,000 Allocation of Unassigned Fund Balance 500,000 500,000 500,000 600,000 100,000 1,644,560 3,714,676 5,726,822 6,189,195 462,373 Expenditures: CDBG/Home Funds 1,021,560 1,021,560 1,021,560 1,021,560 Planning - - - 500 500 Public Safety - 1,096,581 1,155,835 618,311 (537,525) Community Development - - - (56,825) (56,825) Social Services - - - 3,918 3,918 Marine - 8,270 8,270 8,270 Sister City Program 3,000 3,000 3,000 3,000 Special Event Funding 70,000 70,000 70,000 70,000 Pier 60 Refurbishment 500,000 500,000 500,000 600,000 100,000 Other Miscellaneous Programs - 965,265 2,918,157 3,870,461 952,304 1,594,560 3,664,676 5,676,822 6,139,195 462,373 42 Attachment number 19 \nPage 2 of 2 Item # 43 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2012/13 43 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 08/19/13 Administrative Change Order #1 and final – 2013 Stormwater Repairs Project (12-0040-EN). This change order is needed to adjust quantities and add new items according to field conditions, resulting in a net decrease to the project. Steve’s Excavating & Paving, Inc. (16,345.74) 08/19/13 Administrative Change Order #2 and final – 2011 Underdrain Contract (10-0016- EN). This change order is needed to adjust quantities and add new items according to field conditions, resulting in a net decrease to the project. Adkins Contracting, Inc. (10,223.81) Attachment number 20 \nPage 1 of 1 Item # 43 Ordinance No. 8483-13 44 ORDINANCE NO. 8483-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, PARKING FUND, HARBORVIEW CENTER FUND, AND ADMINISTRATIVE SERVICES FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2013, for operating purposes, including debt service, was adopted by Ordinance No. 8356-12; and WHEREAS, at the Third Quarter Review it was found that an increase of $8,641,443 is necessary for revenues and an increase of $6,944,727 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8356-12 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2012 and ending September 30, 2013 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 21 \nPage 1 of 1 Item # 43 EXHIBIT A 2012-13 BUDGET REVENUE First Third Quarter Mid Year Quarter Budgeted Amended Amended Amended Revenues Budget Budget Budget Budget 2012/13 2012/13 2012/13 2012/13 Amendment General Fund: Ad Valorem Taxes 35,468,760 35,468,760 35,468,760 35,602,890 134,130 Utility Taxes 13,614,180 13,214,180 13,214,180 13,314,180 100,000 Local Option, Fuel & Other Taxes 8,247,380 8,247,380 8,247,380 7,947,380 (300,000) Franchise Fees 10,562,930 10,212,930 10,212,930 9,356,600 (856,330) Other Permits & Fees 1,607,600 1,607,600 1,607,600 1,942,800 335,200 Intergovernmental Revenues 18,247,510 18,262,427 18,270,608 21,157,585 2,886,977 Charges for Services 13,080,800 13,502,800 13,509,800 13,586,800 77,000 Judgement, Fines & Forfeitures 616,650 616,650 616,650 616,650 Miscellaneous Revenues 1,356,000 1,357,000 1,384,500 1,287,354 (97,146) Transfers In 7,671,860 9,735,076 9,735,078 11,008,951 1,273,873 Other Financing Sources - - - - Transfer from Reserves - 2,612,684 2,759,302 1,967,119 (792,183) Total, General Fund 110,473,670 114,837,487 115,026,788 117,788,309 2,761,521 Special Revenue Funds: Special Development Fund 11,785,490 14,706,200 14,706,200 17,233,906 2,527,706 Special Program Fund 1,144,560 3,714,676 5,726,822 6,189,195 462,373 Utility & Other Enterprise Funds: Water & Sewer Fund 65,307,170 65,574,142 81,400,916 81,400,916 Stormwater Utility Fund 16,386,950 18,482,417 18,482,417 18,797,398 314,981 Gas Fund 38,086,640 41,243,405 42,309,405 42,791,905 482,500 Solid Waste Fund 19,727,860 19,780,607 19,822,607 20,360,781 538,174 Recycling Fund 2,603,500 2,992,704 2,966,704 4,440,164 1,473,460 Airpark Fund 260,000 285,691 301,906 301,906 Marine Fund 4,563,620 4,572,910 4,472,910 4,472,910 Clearwater Harbor Marina 476,200 478,402 478,402 478,402 Parking Fund 4,497,500 4,550,224 4,550,224 4,551,792 1,568 Harborview Center Fund 148,000 63,260 63,260 56,260 (7,000) Internal Service Funds: Administrative Services Fund 9,110,200 9,299,534 9,299,534 9,385,695 86,161 General Services Fund 4,646,940 4,678,373 4,704,283 4,704,283 Garage Fund 12,948,200 13,115,892 13,190,192 13,190,192 Central Insurance Fund 18,321,730 21,175,660 21,175,660 21,175,660 Total, All Funds 320,488,230 339,551,584 358,678,230 367,319,673 8,641,443 45 Ordinance #8483-13 Attachment number 22 \nPage 1 of 2 Item # 43 EXHIBIT A (Continued) 2012-13 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2012/13 2012/13 2012/13 2012/13 Amendment General Fund: City Council 279,220 283,179 283,179 283,179 City Manager's Office 1,232,240 1,249,239 1,249,239 1,204,239 (45,000) City Attorney's Office 1,537,180 1,554,726 1,554,726 1,554,726 City Auditor's Office 194,080 195,423 195,423 196,123 700 Economic Development & Housing Svc 1,246,560 1,256,862 1,256,862 1,256,862 Engineering 7,663,600 7,708,913 7,708,913 7,708,913 Finance 2,162,430 2,183,243 2,183,243 2,183,243 Fire 24,430,700 24,590,196 24,734,816 26,151,207 1,416,391 Human Resources 1,029,330 1,034,832 1,034,832 1,034,832 Library 5,818,160 5,857,914 5,857,914 5,857,914 Marine & Aviation 593,640 595,655 602,655 679,655 77,000 Non-Departmental 3,330,390 3,780,390 3,780,390 3,927,190 146,800 Office of Management & Budget 305,310 307,511 307,511 310,011 2,500 Official Records & Legislative Svcs 1,012,030 1,040,078 1,040,078 1,040,078 Parks & Recreation 20,958,910 21,104,259 21,133,259 21,133,259 Planning & Development 4,754,150 4,796,274 4,796,274 4,841,274 45,000 Police 35,700,770 36,150,050 36,158,731 37,276,861 1,118,130 Public Communications 903,840 909,813 909,813 909,813 Public Utilities 238,930 238,930 238,930 238,930 Allocation to Reserves - - - - Total, General Fund 113,391,470 114,837,487 115,026,788 117,788,309 2,761,521 Special Revenue Funds: Special Development Fund 14,236,570 14,597,230 13,825,431 15,256,959 1,431,528 Special Program Fund 1,594,560 3,664,676 5,676,822 6,139,195 462,373 Utility & Other Enterprise Funds: Water & Sewer Fund 64,138,060 64,405,032 80,231,806 80,231,806 Stormwater Utility Fund 18,444,180 18,482,417 18,482,417 18,797,398 314,981 Gas Fund 34,595,830 36,052,595 36,266,488 36,386,358 119,870 Solid Waste Fund 18,555,090 18,558,337 18,346,437 18,724,171 377,734 Recycling Fund 2,945,650 2,970,724 2,939,024 4,329,584 1,390,560 Airpark Fund 155,290 180,961 205,676 205,676 Marine Fund 4,510,610 4,519,900 4,427,900 4,427,900 Clearwater Harbor Marina 394,830 397,032 402,032 402,032 Parking Fund 4,007,790 4,018,721 4,018,721 4,018,721 Harborview Center Fund 41,350 41,350 41,350 41,350 Internal Service Funds: Administrative Services Fund 9,109,930 9,194,264 9,194,264 9,280,425 86,161 General Services Fund 4,579,400 4,610,833 4,636,743 4,636,743 Garage Fund 13,012,810 13,115,892 13,190,192 13,190,192 Central Insurance Fund 19,975,660 21,175,660 21,175,660 21,175,660 Total, All Funds 323,689,080 330,823,111 348,087,750 355,032,478 6,944,727 46 Ordinance #8483-13 Attachment number 22 \nPage 2 of 2 Item # 43 47 Ordinance No. 8484-13 ORDINANCE NO. 8484-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, TO REFLECT A NET DECREASE OF $27,281,542 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2013 was adopted by Ordinance No. 8357-12; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8357-12 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 23 \nPage 1 of 1 Item # 43 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2012/13 2012/13 2012/13 2012/13 Amendments Fire Protection 2,010,060 5,418,506 5,418,506 5,418,506 Major Street Maintenance 3,305,410 3,294,162 2,522,363 2,527,103 4,740 Sidewalk and Bike Trail 0 20,000 20,000 20,000 Intersections 435,000 435,000 504,749 504,749 Parking 260,000 218,207 218,207 218,207 Miscellaneous Engineering 35,000 35,000 35,000 35,000 Park Development 3,495,000 8,009,404 7,909,069 5,267,386 (2,641,683) Marine Facilities 990,000 1,076,561 1,171,561 1,169,993 (1,568) Airpark Facilities 10,000 134,877 151,090 151,090 Libraries 5,835,000 5,835,000 5,835,000 5,835,000 Garage 5,411,000 5,490,225 5,490,225 5,490,225 Maintenance of Buildings 246,470 314,897 415,232 415,232 General Public City Buildings & Equipment 1,151,160 1,151,160 1,151,160 1,151,160 Miscellaneous 1,700,000 1,700,000 1,700,000 1,700,000 Stormwater Utility 7,733,660 8,533,660 9,083,660 9,484,179 400,519 Gas System 2,750,000 3,058,990 3,068,909 3,373,146 304,237 Solid Waste 460,000 460,000 460,000 649,414 189,414 Utilities Miscellaneous 10,000 10,000 10,000 10,000 Sewer System 10,473,000 9,542,018 9,542,018 1,359,527 (8,182,491) Water System 15,835,250 17,557,891 44,859,753 26,005,043 (18,854,710) Recycling 59,000 59,000 59,000 1,559,000 1,500,000 TOTAL 62,205,010 72,354,558 99,625,502 72,343,960 (27,281,542) GENERAL SOURCES: General Operating Revenue 3,054,570 3,582,457 3,582,455 3,582,437 (18) General Revenue/County Co-op 635,000 635,000 635,000 635,000 Road Millage 1,774,380 1,774,380 1,774,380 1,774,380 Penny for Pinellas 9,625,000 16,979,884 16,208,085 16,208,085 Transportation Impact Fee 290,000 290,000 290,000 290,000 Local Option Gas Tax 1,396,030 1,396,030 1,396,030 1,396,030 Fee in Lieu of Drainage Retention 0 0 0 85,538 85,538 Special Program Fund 530,000 530,000 630,000 686,825 56,825 Special Development Fund 1,151,160 1,151,160 1,151,160 1,757,670 606,510 Grants - Other Agencies 300,000 300,000 300,000 (3,280,000)(3,580,000) Other Governmental 0 803,659 803,659 821,168 17,509 Property Owner's Share 0 21,372 101,040 110,018 8,977 Donations 0 100,000 100,000 100,000 Insurance Proceeds 0 8,752 8,752 8,752 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 48 Ordinance # 8484-13 Attachment number 24 \nPage 1 of 2 Item # 43 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2012/13 2012/13 2012/13 2012/13 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 SELF SUPPORTING FUNDS: Marine Revenue 100,000 100,000 95,000 95,000 Clearwater Harbor Marina Revenue 15,000 15,000 15,000 15,000 Airpark Revenue 10,000 34,980 51,196 51,196 Parking Revenue 270,000 228,207 228,207 226,639 (1,568) Utility System: Water Impact Fees 243,700 243,700 243,700 243,700 Sewer Impact Fees 49,140 49,140 49,140 49,140 Utility R&R 3,051,430 3,051,430 3,051,430 3,051,430 Water Revenue 1,632,210 1,771,550 17,598,324 17,598,324 Sewer Revenue 6,088,730 6,088,730 6,088,730 6,088,730 Stormwater Utility Revenue 7,733,660 7,733,660 7,733,660 8,048,641 314,981 Gas Revenue 2,750,000 2,787,618 2,787,618 3,087,618 300,000 Solid Waste Revenue 460,000 460,000 460,000 924,414 464,414 Recycling Revenue 59,000 59,000 59,000 1,559,000 1,500,000 Grants - Other Agencies 0 899,897 12,924,985 12,924,985 INTERNAL SERVICE FUNDS: Garage Revenue 71,400 150,625 150,625 150,625 Administrative Services Revenue 255,000 255,000 255,000 255,000 Central Insurance Revenue 0 193,727 193,727 193,727 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 241,960 241,960 241,960 241,960 BORROWING - SELF SUPPORTING FUNDS: Bond Issue - Water & Sewer 15,253,040 15,253,040 15,253,040 (11,801,670)(27,054,710) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,039,600 5,039,600 5,039,600 5,039,600 Lease Purchase - Administrative Services 125,000 125,000 125,000 125,000 TOTAL ALL FUNDING SOURCES:62,205,010 72,354,558 99,625,502 72,343,961 (27,281,542) 49 Ordinance # 8484-13 Attachment number 24 \nPage 2 of 2 Item # 43 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Endorse the application for Project Zone and committing the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-23. SUMMARY: The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida’s high-wage, value- added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. (EFI) to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections 288.075 and 288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Zone is the alias name of the applicant company. Project Zone was initially approved by DEO in August 2012, and Local Match resolutions were duly approved by Pinellas County and City of St. Petersburg (10% Local Match, each) in September 2012. Due to rapid growth of Project Zone, the company is relocating its operations to the City of Clearwater. Project Zone requests QTI Local Match from the City of Clearwater. The City of St. Petersburg has provided written support of the change in location; Pinellas County’s “Local Match” Resolution No. 12-77 (duly approved on September 6, 2012) remains in effect. This Resolution provides a commitment of the city to support the QTI Program, which provides a performance-based incentive. It does not guarantee payment until such time as the terms and conditions of the contract made between DEO and Project Zone are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. The incentive may not exceed that which is requested in the application. As required by the QTI Program, Project Zone will create at least 10 net new full-time equivalent Florida jobs, will pay an average annual wage that is at least 115 percent of the Pinellas County average wage as published by Enterprise Florida, Inc., and shows that the jobs make a significant economic contribution to the area economy. Description of Project Project Zone projects to create 35 jobs by end of year 2013. Project Zone’s job creation schedule is as follows: Phase Number of net new full-time equivalent Florida jobs created in the business unit Date by which jobs will be created I 35 12/31/2013 Total 35 Cover Memo Item # 44 The following types of jobs are expected to be created by this insurance headquarters company: Average wages of all new jobs created by Project Zone is to be no less than $80,744, which is 200% of the Pinellas County Annual Average Wage as published by Enterprise Florida on January 1, 2012. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of four years. If approved by the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $5,000 per new job created. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $500 for a total Local Match of $17,500. Payment Schedule Disbursement of the Local Match is spread over a period of four years with a maximum of twenty-five percent of the Local Match paid annually. The schedule is as follows: The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by DEO, City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation & Termination During the term of the agreement, the Local Match may be lowered under the following conditions: If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro-rated refund less five percent penalty of the schedule award amount for that year. If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: Business Unit Activities 6 Digit NAICS Code(s) Project Function Annualized Wage ($) Admin/Management 524126 100% $80,744.00 Average Wage $80,744.00 PHASE # JOBS ELIGIBLE AWARD MAX OF 25% / YR FY13- 14 FY14- 15 FY15- 16 FY16- 17 I 35 $17,500 $4,375 $4,375 $4,375 $4,375 $4,375 TOTAL 35 $17,500 $4,375 $4,375 $4,375 $4,375 Cover Memo Item # 44 If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. If the average wage falls below $80,744, the company will not receive a refund and will be terminated from the program. Funding Source The Fiscal Year 2013-2014 funding is currently available from Economic Development budget account number 181- 99846. Future year funding will need to be allocated during the City’s annual budget process. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:None Annual Operating Cost: Not to Exceed:17,500 Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 44 Resolution 13-23 QUALIFIED TARGET INDUSTRY TAX REFUND WITH CASH LOCAL FINANCIAL SUPPORT RESOLUTION NO. 13-23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, RECOMMENDING PROJECT ZONE BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a corporate headquarters for Project Zone; and WHEREAS, Project Zone has been identified as a Target Industry Business; and that the Council hereby recommends Project Zone be approved as a Qualified Target Industry Business pursuant to s.288.106. Florida Statutes, to encourage the growth of Florida’s high- wage, value-added employment; and WHEREAS, Project Zone intends to locate in the City of Clearwater; and create thirty-five new full-time jobs in year one, qualifying as high-value added jobs, and WHEREAS, Project Zone will commit to pay an average annual wage of at least $80,744.00 which is at least 200% of the Pinellas County average wage requirements for QTI incentives effective January 1, 2012; and WHEREAS, the City of Clearwater Council finds that providing the QTI Program tax refunds to Project Zone serves the public purpose of promoting positive impacts on and benefits to the City of Clearwater’s economic vitality. WHEREAS, the City of Clearwater will contribute local financial support in the form of cash for the Qualified Targeted Industry Tax Refund; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Florida Statutes Section s.288.106 requires 20% local financial participation as tax refunds become due; and the necessary commitment of local financial support has been identified in the amount of $35,000, consisting of 50% of the local contribution coming from Pinellas County and 50% coming from the City of Clearwater. A cash commitment exists for Project Zone for the City of Clearwater local financial support for the Qualified Target Industry Tax Refund Program in the amount of $17,500. However, in no event will the total contribution of the City of Clearwater for Project Zone exceed $17,500. This amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent local financial support pursuant to s.288.106, Florida Statutes. Attachment number 1 \nPage 1 of 2 Item # 44 Resolution 13-23 Section 2. This resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this _____day of _____, 2013. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ _______________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 44 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: Approve the master lease agreement between the City and The Bancorp Bank /dba/ Mears Motor Leasing to provide a $25,000,000 line of credit for all planned lease purchase equipment acquired in the next five fiscal years starting October 1, 2013; authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with Mears be financed under this new agreement; authorize the appropriate officials to execute same, and adopt Resolution 13-24. SUMMARY: The current agreement with Mears Motor Leasing expires September 31, 2013. The City solicited proposals (RFP 20-13) for lease purchase (installment sale) financing for the next five fiscal years (2014-2018). Five competitive proposals were received: Bank of America Public Capital Corp, US Bancorp Government Finance, SunTrust Equipment Finance & Leasing Corp., JP Morgan Chase Bank, N.A., and The Bancorp Bank/dba/ Mears Motor Leasing. The selection committee has reviewed these proposals comparing interest rates, process, and experience of the proposers and unanimously recommends Mears Motor Leasing for approval. Per the proposed agreement with Mears Motor Leasing, the interest rates applicable to each draw will be determined by the following table based on the three and five year Constant Maturing Treasury (CMT) rate as published weekly in the Federal Reserve Statistical Release H.15. 3-Year CMT Mears 5 -Year CMT Mears Under 2% 2.00% Under 2% 2.00% 2% - 3% 2.00% 2% - 3% 2.00% 3% - 4% 2.49% 3% - 4% 2.49% 4% - 5% 2.49% 4% - 5% 2.49% 5% - 6% 3.00% 5% - 6% 3.00% Over 6% 3.00% Over 6% 3.00% For example, if at the time of financing the 3-year CMT were 3.49%, the rate the City would be charged by Mears Motor Leasing would be 2.49%. With the exception of items that have a three-year useful life such as computer hardware/software and police pursuit vehicles, lease purchases will be on a five-year amortization schedule. The contract has a term of five years with the option for renewal as mutually agreed to by both parties. Approval of this item does not represent a commitment to borrow. Decisions to lease purchase specific items of equipment must be budgeted for or approved separately in accordance with the City’s purchasing policy. Review Approval: Cover Memo Item # 45 RFP 20-13 CITY OF CLEARWATER Lease Purchasing REQUEST FOR PROPOSAL (RFP) PROCEDURES 1. Sealed RFPs: Responses to this request for proposals (please submit six (6) hard copies and one (1) electronic copy) should be submitted in a sealed envelope, clearly identified as “Proposal for Lease Purchasing,” and mailed to: Michael Murray Purchasing Manager City of Clearwater PO Box 4748 Clearwater, Florida 33758-4748 or delivered to: Michael Murray Purchasing Manager 3rd Floor 100 South Myrtle Avenue Clearwater, Florida 33756-5520 The RFP’s are due no later that 4:00PM, June 21, 2013. Any RFP’s received after that date and time will not be opened. The RFP’s will be opened at that time in Room 342, City of Clearwater Municipal Services Building, 100 South Myrtle Avenue, Clearwater, FL 33756-5520. 2. RFP Response Forms: All responses must be presented on the standardized “Lease Purchasing RFP Response Form,” which has been provided. Do not submit any supporting material. The City reserves the right to reject any or all RFPs, or to informally negotiate certain points of the final contract with a qualified proposer. Attachment number 1 \nPage 1 of 9 Item # 45 2 3 Inquires and Addenda: Each firm shall examine all RFP documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification, or additional information pertaining to the RFP shall be made in writing a minimum of five (5) working days prior to due date through the City of Clearwater’s Purchasing Manager, Michael Murray, at P.O. Box 4748, Clearwater, FL 33758-4748; e-mail at Michael.Murray@myclearwater.com, or FAX 727- 562-4635. 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. 4. Pre-RFP Conference: There will be no pre-bid conference. Any questions or requests for information must be directed to the Purchasing Manager, Michael Murray at the above address. 5. RFP Schedule: May 20, 2013 Distribution of Request for Proposals. June 21, 2013 Formal opening at 4:00 p.m. All sealed RFPs must be in the hands of the City’s Purchasing Manager by 4:00 p.m. September 5, 2013 Recommendation for award to City Council. October 1, 2013 Anticipated implementation date for contract. 6. Selection Criteria: The following criteria will be used to evaluate RFP responses and to make a recommendation for award to the City Council:  0 – 40 points Proposed interest rate.  0 – 40 points Lease purchase process; including items eligible to be lease purchased, paperwork required by the City for each draw, turnaround time from request of draw till money received, and any additional relevant information. Attachment number 1 \nPage 2 of 9 Item # 45 3  0 – 20 points Experience providing lease purchase financing. Total possible score of 100 points. 7. Right To Protest: Any actual or prospective proposer 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. 8. 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. 9. 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 proposers or parties to this competitive proposal whatsoever. 10. 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. 11. RFP Expenses Statement: All vendor costs associated with this RFP will be the responsibility of the vendor. 12. 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 calculation or competitive price submitted. 13. Insurance: The City is covered under a program of self-insurance. The City will provide to the lessor a letter or document from its insuring authority evidencing the existence of the continuing self-insurance program covering the items under the Lease. Attachment number 1 \nPage 3 of 9 Item # 45 4 14. Quiet Enjoyment: Lessor shall covenant that so long as lessee is not in default under the Lease, Lessor shall not interfere with Lessee’s right to quiet possession on the item covered by the lease. 15. Governing Law: The lease shall be governed by and construed in accordance with the substantive laws of the State of Florida. The Lease shall be deemed to have been made in the City of Clearwater, Pinellas County, Florida regardless of the order in which it is executed. 16. Litigation: Lessor and Lessee agree that any action or suite in connection with the Lease shall be brought only in a court of record in Pinellas County, Florida, the parties consenting to the jurisdiction of each thereof, and by registered mail, to its address to be used for the giving of notice under the Lease. 17. 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. 18. Public Entity Crimes: Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. Attachment number 1 \nPage 4 of 9 Item # 45 5 SCOPE OF LEASE PURCHASING SERVICES The City of Clearwater is currentl y looking for a responsible financing source to provide a line of credit for the City’s lease purchase (installment sale) financing for the next five fiscal years. The following is a summary of the dollar amounts of lease purchasing done for the last five fiscal years (Oct 1 thru Sept 30). Fiscal Year Amount Number of Draws 12-13* $3,500,000.00 3 11-12 $3,461,869.26 3 10-11 $4,207,291.56 3 09-10 $3,019,787.86 3 08-09 $2,909,093.07 4 * Estimate of current fiscal year. Items Being Leased Purchased: The majority of items being leased purchased are vehicles, however, some of the items may be computer systems (including software) and miscellaneous equipment. The following are the city’s best estimates of lease purchase financing needs for the next five fiscal years: Fiscal Year Vehicles Computers Equipment Total 13-14 $5,941,000 $400,000 $0 $6,341,000 14-15 $3,676,710 $400,000 $734,400 $4,811,110 16-16 $3,123,420 $405,000 $700,000 $4,228,420 16-17 $3,181,090 $405,000 $343,000 $3,929,090 17-18 $3,858,390 $405,000 $1,155,000 $5,418,390 Interest Rate: Fixed rate: A predetermined percentage of the most current weekly average rate for the three and five year constant Treasury maturities, as published every Monday in Federal Reserve Statistical Release H.15 Terms of the Agreement: Each equipment purchase will be as a draw from a three (3) or five (5) year lease purchase (installment sale) contract. The length of the term is determined by the estimated useful life of the equipment being lease purchased. Attachment number 1 \nPage 5 of 9 Item # 45 6 Written Contract: The City will enter into a signed contractual agreement with the financial institution selected for a period of five years with the option for renewal for additional years. The language of the contract will incorporate the provisions of this RFP and the response presented by the successful bidder. The final form of the contract will be negotiated with the successful financial institution. The contract will have a master document that will be signed by the appropriate City officials. Each draw will fall under the master document and will be signed by only the Finance Director or Assistant Finance Director. Taxable Status of the Lease Purchases: The City makes no declaration as to the tax status of the lease purchases and whether or not the lease purchases are bank qualified. Each bidder is responsible for that determination and will bear all costs associated with same. However, if requested, the City will cooperate with the process and provide all information that is readily available. References: Bidders will provide at least three references. Preference is for government and Florida references. Attachment number 1 \nPage 6 of 9 Item # 45 7 Submit this page City of Clearwater Lease Purchasing Bid Response Form Bid Opening: June 21, 2013; 4:00PM Submitted by: ______________________________________________ ______________________________________________ ______________________________________________ Contact: ______________________________________________ The following conditions apply to the submittal:  The rate quoted will include all fees, $0 buyout and no prepayment penalty.  Please base you percentage off of the three and five year constant maturities (CMT) as published every Monday in Federal Reserve Statistical Release H.15.  The City plans on doing quarterly draws and will do quarterly payments. 1. In the yellow area please put the interest rate that your organization would use if the CMT were in that range at the time of the draw request. An example submission is included for clarification. In the example, if the 5 Year CMT was yielding 2.9% at the time of the draw the interest rate would be 3.71%. If the 5-year CMT was yielding 4.1% at the time of the draw the interest rate would be 3.96%. Example 3 Year CMT Rate 5 Year CMT Rate 5 Year CMT Rate Under 2% Under 2% Under 2% 2.74% 2%-3% 2%-3% 2%-3% 3.71% 3%-4% 3%-4% 3%-4% 3.94% %%-5% 4%-5% 4%-5% 3.96% 5%-6% 5%-6% 5%-6% 4.01% Over 6% Over 6% Over 6% 4.10% Attachment number 1 \nPage 7 of 9 Item # 45 8 Submit this page 2. Turn-around time from request for funding to actual funding. Minimum turnaround time ________ business days Average turnaround time ________ business days Maximum turnaround time ________ business days 3. Explain your lease purchase procedure: include items eligible to be lease purchased, what documents and paperwork the City needs to provide for each item being lease purchased, the turnaround time for a lease purchase draw, and any additional relevant information. Additional sheets of paper may be attached. Attachment number 1 \nPage 8 of 9 Item # 45 9 Submit this page 4. References ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Dollar limit of the line of credit per year 2013 – 2014 _______________ 2014 – 2015 _______________ 2015 – 2016 _______________ 2016 – 2017 _______________ 2017 – 2018 _______________ Please do not submit any other pages other than these three, along with any additional pages required to respond to item (3) above. Attachment number 1 \nPage 9 of 9 Item # 45 1 Resolution No. 13-24 RESOLUTION NO. 13-24 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING THE CITY’S INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX- EXEMPT FINANCING; PROVIDE CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to acquire certain items of equipment during the 2013-2014, 2014-2015, 2015-2016, 2016-2017, and 2017- 2018 fiscal years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1 . AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2 . DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the acquisition of equipment as set forth in the Issuer’s 2013-2014, 2014-2015, 2015-2016, 2016- 2017, and 2017-2018 fiscal year budgets, as amended and supplemented from time to time (the “Project”). The Issuer intends on acquiring each item of equipment constituting a portion of the Project with funds then on deposit in the Issuer’s bank account and within a reasonable time thereafter refinancing such purchases within lease purchase financing with The Bancorp Bank/dba/Mears Motor Leasing pursuant to a master lease purchase agreement. It is not reasonably expected that the total amount of the Project will exceed $25,000,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3 . SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision herein and the remaining provisions shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. SECTION 4 . REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. Attachment number 2 \nPage 1 of 2 Item # 45 2 Resolution No. 13-24 SECTION 5 . EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption _______ day of September 2013. ______________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________ ______________________________ Pamela K. Akin Rosemarie E. Call City Attorney City Clerk Attachment number 2 \nPage 2 of 2 Item # 45 1 Master Lease Agreement Mears Motor Leasing and City of Clearwater 10/1/2013 through 9/30/2018 This Master Lease Agreement (“Agreement”) is made this 19th day of September, 2013 between The Bancorp Bank d/b/a Mears Motor Leasing, a corporation having its principle place of business at 3905 El Rey Road, Orlando, FL („Lessor”), and the City of Clearwater, FL, a municipal corporation established under the laws of the State of Florida, (“Lessee”). 1. Equipment Group The estimated cost of the vehicles and equipment to be funded by Lessee under this Agreement is as follows: Fiscal Year Amount 2013-2014 $6,341,000 2014-2015 $4,811,110 2015-2016 $4,228,420 2016-2017 $3,929,090 2017-2018 $5,418,390 ** At any time, the dollar amounts for each Fiscal Year can be increased if needed, however, the total amount financed over the five yea rs cannot exceed $24,728,010. 2. Lease, Possession and Use Lessor hereby leases the equipment and vehicles to Lessee upon terms and conditions set forth herein. Lessee shall have quite use and enjoyment of peaceably have and hold equipment and vehicles during the related lease term. Attachment number 3 \nPage 1 of 8 Item # 45 2 3. Term This agreement shall be in effect from October 1, 2013 through September 30, 2018 This agreement may be renewed with mutual consent of both parties for additional periods of time. 4. Rental Payment Lessee agrees to pay the quarterly rental payments due as specified in the amortization schedule of each draw. The due dates for payments will be January 1st, April 1st, July 1st and October 1st of each year. The interest rate for each draw will be determined on the day the Lessee requests a draw from the Lessor. The Lessor will use the appropriate 3 -year or 5-year CMT indexed rate from the table submitted in the Lessor‟s bid response. 5. Option to Prepay Lessee shall have the option to prepay its obligations under this Agreement without any prepayment penalty. 6. Risk of Loss To the extent permitted by applicable laws of the State of Florida as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment or vehicles and for injury to or death of any person or damage to any property. Lessee hereby assumes since Lessor‟s sole responsibility in connection with this transaction is to provide an amount equal to the principle portion of the lease Payments, to pay costs of the acquisition and lease of the equipment and Vehicles, the parties intent that Lessor incur no liability cost or expense with respect to Lessee‟s possession, use operation of the equipment or Vehicles. Accordingly, Lessee agrees to the extent permitted by law to indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damage or liabilities, including attorney‟s fees and court costs, arising in connection with Lessee‟s negligence in the selection, purchase, delivery, installation, possession, use, operation, rejection or return and recovery of claims under the City‟s Self -Insurance Program. Further, as a governmental entity, the City of Clearwater is subject to SS768.28, Fla. Stat. Nothing in this paragraph or this Agreement shall be interpreted to alter or modify the provisions of that statue nor the doctrine of sovereign immunity as it applies to the City of Clearwater. Attachment number 3 \nPage 2 of 8 Item # 45 3 7. Destruction of Equipment Lessee shall provide a complete written report to Lessor within thirty (30) days of any loss, theft, damage or destruction of any Equipment or Vehicles and of any significant accident involving any Equipment or Vehicles. Lessor may inspect the equipment or Vehicles at any time and from time to time during regular business hours with reasonable notice. If all or part of the Equipment or Vehicles is stolen, lost, destroyed or damaged beyond repair, Lessee shall, within thirty ( 30) days after such event, at Lessee‟s selection and expense, either repair the damaged Equipment or Vehicles or pay the remaining principal balance due on the damaged Equipment or Vehicles plus interest from the last payment. Lessee shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence. IF the Lessee fails to notify Lessor, Lessor may declare the prepayment price of the damaged Equipment or Vehicle to be immediately due and payable. 8. Taxes The City makes no declaration as to the tax status of the lease purchases and whether or not the lease purchases are bank qualified. However, if requested, the City will cooperate with the process and provide all informat ion that is readily available. 9. Title During the lease term, ownership and legal title of all Equipment and Vehicles and all replacements shall be in the name of the Lessee. Lessor does not own the Equipment or Vehicles and by this agreement is merely fin ancing the acquisition of the Equipment and Vehicles for Lessee. Lessor has not been in the chain of title of the Equipment and Vehicles, does not operate, control or have possession of the Equipment and Vehicles and has no control over the Lessee or Lessee‟s operations. 10. Security Interest Lessor and Lessee agree that this Agreement does not result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment and Vehicles or any other asset of Lessee. 11. Selection of Equipment and Vehicles Each vendor and all Equipment and Vehicles have been selected by Lessee. Lessor shall have no responsibility in connection with the selection, ordering or delivery of the Equipment or Vehicles. 12. Acceptance of equipment Upon delivery of the Equipment and Vehicles, Lessee‟s personnel shall inspect the Equipment and Vehicles. The Lessee shall bundle the invoices from the equipment/vehicle provider and shall submit them quarterly to the Lessor. Upon Attachment number 3 \nPage 3 of 8 Item # 45 4 receiving the equipment/vehicle invoices the Le ssor shall reimburse the Lessee for the payment of the invoices within two business days. 13. Locations and Use of Equipment and Vehicles The equipment and vehicles will be used primarily within the boundaries of Pinellas and Pasco Counties, Florida. However, at the discretion of lessee, the Equipment/Vehicles may be used outside the county for the purposes such as travel or mutual aid. Lessee covenants and warrants that during the period that any equipment/vehicles is leased to Lessee. The Equipment/Vehicle will at all times be used and operated in compliance with the laws, regulations, and orders of any city, county, state or other legislative administrative, or judicial body or officer having the power to regulate or supervise the use or operation of the Equipment/Vehicle. Lessee shall not install or use the Equipment/Vehicles in such manner or in which circumstances that any part of the Equipment/Vehicles is deemed to be an accession to other personal property or deemed to be real property or a fixture thereon. 14. Maintenance Lessee shall, at its own expense, maintain the Equipment/Vehicles in proper working order. The Lessee reserves the right to perform routine maintenance while the Equipment/Vehicles are in active service. Maintenance shall be accomplished by outside vendor or in house maintenance personnel. 15. Non-Appropriations In the event that no funds or insufficient funds are appropriated and budgeted in any fiscal year for lease charges under this Agreement, then the Lessee shall immediately notify Lessor of such an occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the Lessee of any kind whatsoever, except to lease charges or portions of lease charges herein agreed upon for funds shall have been appropriated and budgeted or are otherwise available. In the event of such termination, the City of Clearwater agrees to peaceably surrender possession of the Equipment and Vehicles to Lessor at a location within Pinellas County, Florida, mutually agreeable to both parties on the date of such termination. Lessor shall have all legal and equitable right and remedies to take possession of the Equipment and Vehicles. Notwithstanding the forgoing, Lessee agrees (1) that it will not cancel the Agreement if any funds are appropriated to it, or by it for the acquisition , retention, or operation of the equipment and Vehicles or other equipment performing functions similar to the leased vehicles for the fixed period in which such termination occurs on the next succeeding fiscal period thereafter, and 92) that Lessee shall not, during the term of the Agreement, give priority in the application of funds to any other functionally similar Equipment or Vehicles. This Attachment number 3 \nPage 4 of 8 Item # 45 5 paragraph shall not be construed so as to permit Lessee to terminate the Agreement to acquire any other Equipment/Vehicles or to allocate directly or indirectly to perform essentially the same applicable for which the leased vehicles are intended. 16. Assignment The Lessor will not assign, transfer, convey or otherwise dispose of the Agreement or any part thereof, or of its right, title or interest therein, or its power to execute the Agreement or any amendment or modification hereto, to any person, company or corporation, without prior written consent of the Lessee or his representative shall be considered an assignment. 17. Insurance The Lessee is covered under a program of Self -Insurance. The Lessee will provide to the Lessor a letter or other document from its insurin g authority evidencing the existence of the continuing Self -Insurance Program covering the Equipment/Vehicles under the Agreement. 18. Governing Law The Agreement shall be governed by and construed in accordance with the substantive laws of the State of Florida. The Agreement shall be deemed to have been made in Pinellas County, Florida regardless of the order in which it is executed. 19. Litigation Lessor and lessee agree that any action or suit in connection with the Agreement shall be brought only in a court of record in Pinellas County, Florida, the parties consenting to the jurisdiction of each thereof, and service of process may be made on the other party by mailing a copy of the notice under the Lease. 20. Severability The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular clause, term or condition held to be illegal or void renders then balance of the Agreement to be impossible of performance. 21. Construction Language in all parts of this Agreement shall be construed as a whole according to its fair meaning. The parties agree that this Agreement is the product of joint authorship, and in the event of any ambiguity, the Agreement shall not be construed against any party. Attachment number 3 \nPage 5 of 8 Item # 45 6 22. Captions The captions and hearings used in this Agreement are for the convenience and means of reference only and shall not be used to construe, interpret or limit the terms of the Agreement. 23. Notices All written notices given under this Agreement or by law, must or may be given by either party, must be in writing, and must be given by personally delivering or mailing the same by registered or certified mail/return receipt requested to the respective parties as follows: Karrie-Linn Velms Jay Ravins, Finance Director Mears Motor Leasing City of Clearwater 3905 El Rey Road PO Box 4748 Orlando, FL 32808 Clearwater, FL 33758-4748 Phone: 407-253-4505 Phone: 727-562-4538 Fax: 302-791-5705 Fax: 727-562-4535 With a Copy to: Judy Spewak, Lease Finance Manager Clement Vericker, Debt Manager Mears Motor Leasing City of Clearwater 3905 El Rey Road PO Box 4748 Orlando, FL 32808 Clearwater, FL 33758-4748 24. Amendment of the Agreement This agreement may be amended during its term by mutual writer agreeme nt of the parties. Attachment number 3 \nPage 6 of 8 Item # 45 7 25. Binding Effect This Agreement shall be binding upon and shall insure to the benefit of Lessor and Lessee and their respective successors and assigns. 26. Default In the event of default by Lessee, Lessor‟s sole remedy shall be to sue for compensatory damages, which lessee agrees to pay and which are hereby agreed to be any accrued and unpaid rental payemtns as of date of default provided that in the event that Lessee voluntairily returns the equipment/Vehicles to Lessor, to a location specified by Lessor in Pinellas County, Florida, at Lessee‟s sole risk, cost and expense and in proper working order. Lessor shall not have any further remedies against Lessee. 27. Documents Comprising Agreement This Agreement shall include this Master Lease Agre ement as well as the following documents which are incorporated herein by reference: (a) City of Clearwater RFP-20-13, attached hereto as Exhibit A (b) Lessor‟s RFP Response, attached hereto as Exhibit B If there is a conflict between the terms of this Agreement a nd the above referenced documents, then the conflict shall be resolved as follows: The terms of this Agreement shall prevail over the other documents and the terms of the remaining documents shall be given preference in their above listed order. 28. Documents Needed for a Draw The Lessee will submit the following documents for a funding request: (a) Written request for the amount of the funding signed by the Finance Director or in their absence the Assistant Finance Director. This request will include a statement that all items have been received and paid for. (b) For Vehicles: copy of dealer invoice (c) For Equipment: copy of vendor invoice The Lessor will provide an amortization schedule for each draw request. Remainder of Page Intentionally Left Blank Attachment number 3 \nPage 7 of 8 Item # 45 8 IN WITNESS WHEREOF the parties have executed this Master Lease Agreement LESSOR: The Bancorp Bank d/b/a Mears Motor Leasing ________________________________ By _________________________________ Witness LESSEE: By:_______________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ ______________________________ City Attorney City Clerk Attachment number 3 \nPage 8 of 8 Item # 45 Attachment number 4 \nPage 1 of 8 Item # 45 Attachment number 4 \nPage 2 of 8 Item # 45 Attachment number 4 \nPage 3 of 8 Item # 45 Attachment number 4 \nPage 4 of 8 Item # 45 Attachment number 4 \nPage 5 of 8 Item # 45 Attachment number 4 \nPage 6 of 8 Item # 45 Attachment number 4 \nPage 7 of 8 Item # 45 Attachment number 4 \nPage 8 of 8 Item # 45 City Council Agenda Council Chambers - City Hall Meeting Date:9/19/2013 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 46