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06/16/2005 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 06/16/2005 6:00 PM Location: Council Chambers - City Hall 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 (righthand 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 Introductions and Awards: 5 Presentations: 5.1 2005 Heart Ready award from the American Heart Association 5.2 Proclamation - Parks and Recreation Month 5.3 Neighborhood Coalition - Presentation re Neighborhood Conference 6 Approval of Minutes 6.1 City Council - June 2, 2005 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - None 9 Quasi-judicial public hearings Staff states and summarizes reasons for recommendation (2 minutes). Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). Staff presents further evidence. May be cross-examined (10 minutes). Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time). City Council discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutes). Decision. 9.1 Approve the Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 1481 Sandy Lane (Lot 35, Terra Alto Estates in Section 5, Township 29 South, Range 15 East); and Pass Ordinances 7430-05, 7431-05 & 7432-05 on first reading. 9.2 Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 3001 Lake Vista Drive (Lot 1, Block G, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 7433-05,7434-05 & 7435-05 on first reading. 9.3 Approve the Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 100 Baywood Avenue (Lot 22, Block D, Eastwood Terrace Second Addition in Section 18, Township 29 South, Range 15 East); and Pass Ordinances 7436-05, 7437-05 & 7438-05 on first reading. 9.4 Continue the request for Annexation, Land Use Plan Amendment to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment to the Low Medium Density Residential (LMDR) and Institutional (I) Districts and Development Agreement for property located at 3280/3290 McMullen Booth Road to a date uncertain. 9.5 Approve the Annexation and initial City Future Land Use Plan designation of Commercial General (CG) and initial City Zoning Atlas designation of Commercial (C) for an unnamed right-of-way 16 feet in width and 300 feet in length on the north side of 3070 Gulf to Bay Boulevard (consisting of a parcel of land lying between lots 1-6 and lots 18-23, block 3, Bayview Terrace in Section 16, Township 29 South and Range 16 East); and Pass Ordinance #7397-05, 7398-05 and 7399-05 on first reading. 10 Second Readings - public hearing - None City Manager Reports 11 Consent Agenda 11.1 Declare vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. 11.2 Approve payment for repair of Public Services vehicle and payment for a rental aerial lift vehicle with the total of both not to exceed $42,500. 11.3 Approve the final plat for "PARK PLACE TOWNHOMES" located at 605 Poinsettia Avenue being approximately 300 feet north of the intersection of Bay Esplanade and Poinsettia Avenue 11.4 Approve the final plat for "FOUR SEASONS TOWNHOMES" located at 110 Lady Mary Drive being approximately 500 feet north of the intersection of Cleveland Street and Lady Mary Drive. 11.5 Approve the final plat for "MONTCLAIR COVE" 1822 Montclair Road approximately 300 feet Northeast of the intersection of Keene Road and Montclair Road 11.6 Review revised Vision Statement and Elements, and provide direction regarding Proposed Locations and Schedule for Community Visioning Meetings. 11.7 Approve the lnterlocal Agreement with Pinellas County to extend the Local Option Gas Tax for an additional ten (10) years for the period of September 1, 2007 through August 31,2017. 11.8 Approve adding 3 full time positions, a Survey Chief and two Survey Assitants, increasing the FY2005 PWA/Engineering operating budget by $18,200 to fund personnel, operating and debt service costs, increasing the General Fund revenue budget by $20,000 for capitalized construction survey revenue and establishing a Capital Improvement Program (CIP) project to purchase survey equipment and a vehicle to be financed under the City's Lease Purchase Agreement and that the appropriate officials be authorized to execute same. Purchasing 11.9 Smith Fence - Annual contract for the purchase of fence materials and installation for various projects located throughout the City during the period June 17, 2005 through June 30, 2006, at a cost not to exceed $200,000. 12 Other items on City Manager Reports 12.1 Pass on first reading Ordinances 7464-05 and 7465-05, amending the City's fiscal year 2004/05 Operating and Capital Improvement Budgets at mid-year. 12.2 Adopt Resolution 05-28 supplementing ordinance 6876-01 to authorize not to exceed $15 million in improvement revenue bonds, 12.3 Appoint a Councilmember as the Voting Delegate for the Florida League of Cities Annual Business Meeting to be held Saturday, August 20, 2005. 13 City Attorney Reports 13.1 Continue adoption of Ordinance 7445-05, amending the Community Development Code; amending Article 6, Nonconformity Provisions, Section 6-1 09.B, Termination of Status as a Nonconformity; providing that upon reconstruction of structures which are nonconforming with respect to density, such reconstruction must retain the current use to the July 21, 2005 Council meeting. 14 City Manager Verbal Reports 15 Council Discussion Items 15.1 Position regarding lifting moratorium on drilling in Eastern Planning area of the Gulf of Mexico 16 Other Council Action 17 Adjourn CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Council members FROM: Cyndie Goudeau, City Clerk ~.'" ~ SUBJECT: Follow up from June 13,2005 Work Session COPIES: William B. Horne, City Manager DATE: June 14,2005 Agenda: City Council Meeting 06-16-05 - Agenda provided. Item 5.1 2005 Heart Ready award from the American Heart Association - Item added to agenda. Item 6.1 City Council Minutes of June 02, 2005 - paperwork provided. Item 11.8 Approve 3 additional full-time positions (Survey Crew) - Item will be faxed when available. Item 12.2 Adopt Resolution #05-28 supplementing ordinance #6876-01 to authorize not to exceed $15 million in improvement revenue bonds - Complete copy of resolution provided. Item 15.1 Position regarding lifting moratorium on drilling in Eastern Planning area of the Gulf of Mexico - Item added to agenda and letter from Senator Nelson's Office provided. 1 of 1 eLD i Ct, l ~~ u~ City Council _"""",,!\Jl!!!~~!, c~~~.r~Memora n.~.!:!!!,=".. Tracking Number: 1,363 Actual Date: 06/16/2005 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 1481 Sandy Lane (Lot 35, Terra Alto Estates in Section 5, Township 29 South, Range 15 East); and Pass Ordinances 7430-05, 7431-05 & 7432-05 on first reading. Summary: The subject property is located at 1481 Sandy Lane, on the south side of Sandy Lane, approximately 180 feet west of Highland Avenue. The applicant is requesting this annexation in order to receive City sewer and solid waste service. The property is located within an enclave and is contiguous to existing City boundaries to the east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. It is also proposed that the abutting Sandy Lane right-of-way not currently within the City limits be annexed. The subject site is approximately 0.17-acres in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not havean adverse impact on public facilities andtheir level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous toexisting municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached annexation (ANX2005-02004) report for the complete staff analysis. The Community Development Board reviewed this application at its public hearing on May 17, 2005 and unanimously recommended approval of the application. Originating: Planning Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 06/06/2005 City Council ..,.,..,..".._~Stend!,.,.,,,fo~~I..,.~emo~a n~,.~..!!!,."...=..,,,,,,._..,,,..,,,,. Financial Information: Review Approval Gi na Clavton 05-19-2005 10:01:50 Cvndie Goudeau 06-06-2005 10:55: 11 Michael Delk 05-19-2005 11:51:42 Garrv Brumback 06-03-2005 16:22:51 Leslie Dougall-Sides 06-03-2005 11 :37:28 Bill Horne 06-06-2005 10:38:00 ORDINANCE NO. 7430-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SANDY LANE, APPROXIMATELY 180 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF LOT 35, ALTO ESTATES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SANDY LANE, WHOSE POST OFFICE ADDRESS IS 1481 SANDY 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 35, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Sandy Lane. (ANX2005-02004 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7430-05 ORDINANCE NO. 7431-05 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 ON THE SOUTH SIDE OF SANDY LANE, APPROXIMATELY 180 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF LOT 35, ALTO ESTATES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SANDY LANE, WHOSE POST OFFICE ADDRESS IS 1481 SANDY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; 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 Lot 35, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Sandy Lane. (ANX2005-02004 ) Land Use CateQorv Residential Urban 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. 7430-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7431-05 ORDINANCE NO. 7432-05 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 SANDY LANE, APPROXIMATELY 180 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF LOT 35, ALTO ESTATES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SANDY LANE, WHOSE POST OFFICE ADDRESS IS 1481 SANDY 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 Lot 35, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Sandy Lane. (ANX2005-02004 ) ZoninQ District Low Medium Density Residential (LMDR) 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. 7430-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7432-05 ~: Pu~- \ CDB Meeting Date: Case Number: Ownerl Applicant: Location: Agenda Item: Mav 17. 2005 ANX2005-02004 Martin A werbach 1481 Sandy Lane Gl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation ofO.17-acres of property and 0.08-acres of ROW to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION: PROPERTY SIZE: 7,500 square feet or 0.17 acres (71 feet wide by 102 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Single-family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) (County) Residential Urban (RU) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02004 Page 1 SURROUNDING USES: North: Single-family residential South: Church East: Single-family residential West: Single-family residential ANALYSIS: This annexation involves a 0.17-acre property consisting of one parcel, located on the south side of Sandy Lane, approximately 180 feet west of Highland Avenue. The property is located within an enclave and is contiguous to existing City boundaries to the east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. It is also proposed that the abutting Sandy Lane right-of-way not currently within the City limits be annexed. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the adjacent Sandy Lane right-of-way. The applicant has paid the City's sewer impact fee and assessment fee and is aware of the additional costs to extend City sewer service to this property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02004 Page 2 Recommended Conclusions of Law 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. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Urban (RD). It is the purpose of the RU category 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. Residential is the primary use in this plan category up to a maximum of seven and one-half (7.5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; TransportationlUtility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02004 Page 3 Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the east and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02004 Page 4 SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The property already receives City water service. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 0.17-acres and 0.08 acres of abutting Sandy Lane right-of-way to the City of Clearwater; (b) Recommend APPROVAL of the Residential Urban (RU) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael Schoderbock, Planning Consultant Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\PJanning Department\C D BlAnnexationslANX - 2005IANX2005-02004 1481 Sandy Lane Awerbach residence1ANX2005-02004 staff report. doc Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02004 Page 5 Aerial Photograph Owner Martin Awerbach Case: ANX2005-02004 Site: 1481 Sandy Lane Property Size(Acres): 0.17 R.O.W. 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PL 1) 2- q.j Tracking Number: 1,364 Actual Date: 06/16/2005 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 3001 Lake Vista Drive (Lot 1, Block G, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 7433-05, 7434-05 & 7435-05 on first reading. Summary: The subject property is located at 3001 Lake Vista Drive, at the southeast corner of Lake Vista Drive and Bayview Avenue. The applicant is requesting this annexation in order to receive City sewer and solid waste service. The property is contiguous to existing City boundaries to the west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 0.32-acres in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the folloWing standards specified in the Community Development Code: The proposed annexation will not havean adverse impact on public facilities andtheir level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous toexisting municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached annexation (ANX200S-02005) report for the complete staff analysis. The Community Development Board reviewed this application at its public hearing on May 17, 2005 and unanimously recommended approval of the application. Originating: Planning Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 06/16/2005 Financial Information: Review Approval u ~_, ~~ u~ City Council Cover Memorandum Leslie Dougall-Sides 05-19-2005 10:01 :07 06-06-2005 10:53:23 05-19- 2005 11:47:48 06-03-2005 12:50:39 06-03-2005 11:35:51 06-06-2005 10:43:52 Gina Clavton Cvndie Goudeau Michael Delk Garrv Brumback Bill Horne ORDINANCE NO.7 433-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKE VISTA DRIVE AND BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK G, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3001 LAKE VISTA DRIVE INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block "G", Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. (ANX2005-02005) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pine lias 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7433-05 ORDINANCE NO. 7434-05 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 AT THE SOUTHEAST CORNER OF LAKE VISTA DRIVE AND BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK G, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3001 LAKE VISTA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; 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 Cateaorv Lot 1, Block "G", Kapok Terrace, according to the map or Residential Low plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. (ANX2005-02005) 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. 7433-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7434-05 ORDINANCE NO. 7435-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKE VISTA DRIVE AND BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK G, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3001 LAKE VISTA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 1, Block "G", Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. (ANX2005-02005) Zonina District Low Medium Density Residential (LMDR) 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. 7433-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7435-05 ~: PLD-d CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: May 17. 2005 ANX2005-02005 Arthur Steele 3001 Lake Vista Dr. G2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.32-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION: PROPERTY SIZE: 14,000 square feet or 0.32 acres (85 feet wide by 168 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Single-family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential Low (RL) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02005 Page 1 SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single- family residential West: Kapok floodplain restoration area ANALYSIS: This annexation involves a 0.32-acre property consisting of one parcel, located at the southeast corner of Lake Vista Drive and Bayview Avenue. The property is contiguous to existing City boundaries to the west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line has recently been constructed in the adjacent Bayview Avenue right- of-way. The applicant has paid the City's sewer impact fee and assessment fee and is aware of the additional costs to extend City sewer service to this property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interloca1 agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #49 located at 520 Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - May 17,2005 - Case ANX2005-02005 Page 2 Recommended Conclusions of Law 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. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL). It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of five (5.0) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; TransportationlUtility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential District (LMDR). Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 85 feet in width and 14,000 square feet in lot area. Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02005 Page 3 Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Low (RL) with a maximum density of 5.0 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(l)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the west and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. Staff Report - Community Development Board - May 17,2005 - Case ANX2005-02005 Page 4 SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The property already receives City water service. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of0.32-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan classification; and (c) Recommend APPROVAL of Low Medium Density Residential (LMDR) zomng classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael Schoderbock, Planning Consultant Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:IPlanning DepartmentlC D BlAnnexationslANX - 20051ANX2005-02005 3001 Lake Vista Drive Steele residence1ANX2005-02005 staff report. doc Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02005 Page 5 Aerial Photograph Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive 0.32 Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A co ~ ,--\-~ , 1 '91 ' ~ __J /Ii_I ~ (-, '_J (-~l , , L__ _ <> - -~, r-I 8 r-~ ~ !j4G-J ~ " .-" L_ , r, , , , ~, ' , " .J \.__1 L_-,-J L__I r'--} '---I r-'1...-~ , ' , -1 ,....-,' ' --',011 ,....n..l 1-- ~ I L_-, eel ~, ,<>, - , c;;., 600 ~ L__ ~ '""-__lit, (If Proposed Annexation Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A [-~J I I L__ Kapok Wetland Restoration Area (-, \_1 1--1-.., I ' ~ I ~_J-_J r~' r-L8 ~-~ ~ tj4O- lIS II ~ I I L, L, [ : : : . I c__J L.._...---J l-Sin re Existing Surrounding Uses Map Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size (Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A RU c-~J I I L__ RlOS r-'-~ I 1 "" I lLJ--J ~ ~ ~ r~' r-I_~ ~-~ !il Ij4O- II ~ I I '-_ I r I I I I ~, II I I J ,__J l..__--J 1___1 r"--} 1---1 RL I-'L~ 1 'I -1 - I I --, I I I I--/" 1 I I l~ I r"'~ I ~I --,~I 600 lIj l_J!il l",-__~ ~I p Future Land Use Map Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size (Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A Location Map Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size (Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A (-, '_/ 51 ~ c-~J LDR co Ol ~ LMDR OS/R _ <:> - ->h r-, ~ ~-~ ~ I:j4O-J /IS" w--,' ,__ , r, , , , L.., 'I I I J ,__I L._.......-J '___I r"'--} I---L IJL-., , " 1 r-,' ' __, " , ,__r , ' I.EJ~.JO.. "" --~ co, 600 lil l_J ~ l~__lil ~' Zoning Map Owner Arthur Steele Case: A NX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size (Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A l ,--- ~~ u~ City Council Cover Memorandum PLD .3 ct.3 Tracking Number: 1,365 Actual Date: 06/16/2005 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 100 Baywood Avenue (Lot 22, Block D, Eastwood Terrace Second Addition in Section 18, Township 29 South, Range 15 East); and Pass Ordinances 7436-05, 7437-05 & 7438-05 on first reading. Summary: The subject property is located at 100 Baywood Avenue, on the west side of Baywood Avenue, approximately 490 feet south of Drew Street. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an unincorporated enclave and is contiguous to existing City boundaries to the north, east, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 0.18-acres in area and is currently developed with a Single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not havean adverse impact on public facilities andtheir level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is located withinan enclave and its annexation will reducesuch enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached annexation (ANX200S-02006) report for the complete staff analysis. The Community Development Board reviewed this application at its public hearing on May 17, 2005 and unanimously recommended approval of the application. Originating: Planning Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 06/16/2005 financial Information: ~.~ u~ City Council _''''''''~-:'~~~ cO_,!.~,,~..,.,..,~_~_mora nd u m Review Approval Gina Clavton 05-19-2005 10:03: 13 Cvndie Goudeau 06-06-2005 10:54:35 Michael Delk 05-19-2005 11 :50:53 Garrv Brumback 06-03-2005 16:22:08 Leslie Douqall-Sides 06-03-2005 11 :39:32 Bill Horne 06-06-2005 10:38:35 ORDINANCE NO.7 436-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 490 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 22, BLOCK "D", EASTWOOD TERRACE, SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 100 BAYWOOD 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 22, Block "0", Eastwood Terrace, Second Addition, according to map or plat thereof, as recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida. (ANX2005-02006) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7436-05 ORDINANCE NO.7 437 -05 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 WEST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 490 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 22, BLOCK liD", EASTWOOD TERRACE, SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 100 BAYWOOD AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; 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 Lot 22, Block "0", Eastwood Terrace, Second Addition, according to map or plat thereof, as recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida. (ANX2005-02006) Land Use Cateaorv Residential Urban 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. 7436-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7437-05 I I ORDINANCE NO. 7438-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 490 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 22, BLOCK "0", EASTWOOD TERRACE, SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 100 BAYWOOD AVENUE, 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 Lot 22, Block "0", Eastwood Terrace, Second Addition, according to map or plat thereof, as recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida. (ANX2005-02006) Zoninq District Low Medium Density Residential (LMDR) 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. 7436-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7438-05 I ~~. p~_.~ CDB Meeting Date: Case Number: Owner! Applicant: Location: Agenda Item: May 17. 2005 ANX2005-02006 Claire Mudaro 100 Baywood Avenue G3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.18-acres of property to the City of Clearwater; (b) Future Land Use Plan amehdment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION: PROPERTY SIZE: 7,840 square feet or 0.18 acres (80 feet wide by 100 feet deep) PROPERTY USE: Current Use: Proposed Use: Single- family dwelling Single- family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) (County) Residential Urban (RU) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Draft Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02006 Page 1 SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential ANALYSIS: This annexation involves a 0.18-acre property consisting of one parcel, located on the west side of Baywood Avenue, approximately 490 feet south of Drew Street. The property is located within an unincorporated enclave and is contiguous to existing City boundaries to the north, east, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the adjacent Baywood Avenue right-of-way. The applicant has paid the City's sewer impact fee and assessment fee and is aware of the additional costs to extend City sewer service to this property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board- May 17, 2005 - Case ANX2005-02006 Page 2 In Recommended Conclusions of Law 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. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Urban (RD). It is the purpose of the RU category 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. Residential is the primary use in this plan category up to a maximum of seven and one-half (7.5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; TransportationlUtility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 80 feet in width and 7,840 square feet in lot area. Staff Report - Connnunity Development Board - May 17, 2005 - Case ANX2005-02006 Page 3 Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the north, east, and south and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement his-tory on this site. Staff Report - Community Development Board - May 17,2005 - Case ANX2005-02006 Page 4 SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL ofthe annexation ofO.18-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Urban (RU) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zomng classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael Schoderbock, Planning Consultant Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:IPlanning DepartmentlC D BlAnnexationslANX - 20051ANX2005-02006 100 Baywood Avenue Mudaro residence1ANX2005-02006 staff report. doc Staff Report - Community Development Board - May 17, 2005 - Case ANX2005-02006 Page 5 Aerial Photograph Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood Avenue 0.18 Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A '" gJ '" ~ ., gJ DREW ST DREW ST gJ 0) ., ,---<'l I ~ , I I I l___ 1---1 I I I I I I L---~8 )8 I 197 185 ." rw-l I..... L~I 173 161 143 137 1{5 I I I I J 10f 1 I~ I L__J 87 59 15 L, I ....... 3 ~ 0) '" ~ ~ ~ ~17 I I, I ~ ~ I~ .I-I r tA1~1 I q: q: I 'I ~ I Q Q I_J 0 ,---,10 0 I _J ~ ~ 9( , 1___' I r ---98 I ( I_I ~ "-.I ca 771 , ffi IJ , ---1 -I u: L___J 61r (I I ( I I_~~J i _I ..._r......., , I L__ ~ 1 L-lli L___ 1---' 1 , ( \ \ , \_-_./ r-----/' 1 / 1 1 1 1 1 1 l_____j r--J""'__ , I ~ c.-:;'-o-' I H E-j :-----1, I f!____ I L__________ I- I I L Proposed Annexation Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood A venue Property 0.18 Size Acres): Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A '" 1::J <Xl <0 1::J <0 1::J DREW ST DREW ST 1::J '" <0 r---<'l I 1:::1 , I I 1 L___ 1---1 I I I I I I !..---.f98 197 185 ~~ --I I..... I_~I 173 143 137 ~17 I I, I 1{5 1 ~ l~.r I ~ I I r I J 1121_1 I oq: 10('- -, oq: I " - I Q I~ I Q ,_J I 0 r---,10 0 L__J I _J ~ ~ 9( , 1___1 I r ---f18 I 1" , ~ L_j :i I _ 1- m 178 771 , I IJ , -1 I -I u: L___J 87 61r (I ,---, I I I ( I I I I_~_J I I I I I I I 59 I I i1f II I 1 1 I 1 I ..._JI..., I , 1 L _ L__ ~ LJ 1 L-lll 3 Existing Surrounding Uses Map Owner Claire Mudaro Site: 100 Baywood Avenue Land Use Zoning From: RU (County) R-3 (County) To: RU (City) LMDR (City) Case: Property Size (Acres): 0; '" ~ '" o <!j /---, I , ( , , I \..__../ /------7 / / / / / I / / '------- r--J"",-_ , I L..,C-.,...._, 1-' 1 H ~1 1-----1 [-I ] I 1.:____ I L__________ r I 1 L ANX2005-02006 0.18 PIN: 18-29-16-24246-004-0220 Atlas Page: 290A '" ~ NOG DREW ST DREW ST ~ "C( Q o ~ 17: "C( 1 CD 1 J ~ '" <0 r---<'> I ~ , I 1 I l__.... ~17 I I, : l~ J I ~v 94 1 I I ,-.I 771 J ,J _I L___J 61f cl ( 1 I_~~J ..._r'L-, , I L__ ~ 1 L~ l___ '---I I 1 1 1 1 1 L---.f98 r li8 I-~ I I 17: 112 I -1111 ~ I "C( I Q o ~ ~ In u: lRM ---98 ,.r I I I ---1 I I I I I I I , I 1 I 1 I ""] _I 197 1R.f11 173 161 143 137 ui 10(' "1 RMi 87 1---' 1 1 1 I I I I I 1 1 1 I I I 59 1 : I , RMI I I I 1 15 : : I 1 I J I 1 I I J I I I L _J LJ 3 ~ /------,' 1 1 1 1 1 1 1 1 1 1 L______ --1 IN '" c (i!j 1---' 1 , ( , , I \..__J r--J""'-_ I I ~ i:.-:;'~_' 1 E/,f:lS_, [....1 J I L____ I l__________ I- I 1 L Future Land Use Map Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood A venue 0.18 Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A cJa RD PROJECT SITE o ST ~ '" u ST ST !~!I WHITMAN ST z ffil ~ ~ CHAUCER ST ST "I SHELLEY ST I .., 8 ~ fI Druid ~ OrN . Ii -f: NDflUIDCIR ~ ~ ~ m ~ S DRUID CIR Location Map Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood A venue Property 0.18 Size (Acres): Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A Zoning Map Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood A venue Property 0.18 Size Acres): Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A City Council """,,""""",.." A"g,,~~da C:;,~ver. M~".!!!!?!~".,!1~um.."."==~."""._..".".."""."."."""*,..,,.,..,,."''',.."'''''''''',~"..~"_''''''"......"".,,~,,_._.,,,,..,, q o~ ~~e0) Tracking Number: 1,366 Actual Date: 06/16/2005 Subject / Recommendation: Continue the request for Annexation, Land Use Plan Amendment to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment to the Low Medium Density Residential (LMDR) and Institutional (I) Districts and Development Agreement for property located at 3280/3290 McMullen Booth Road to a date uncertain. Summary: The applicant has requested continuance of these requests pending completion of the appeal of the Community Development Board's approval of the applicant's proposed flexible site plan for this property. Although the applicant has requested a continuance, as this is an advertised public hearing, anyone attending the meeting wishing to speak will be allowed to do so. Originating: Planning Section: Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 05/01/2005 OS/29/2005 07/03/2005 Financial Information: Review Aporoval Michael Delk Leslie Dougall-Sides 05-26-2005 09:50:47 06-14-2005 09:53:24 05-26-2005 10:37: 16 06-03-2005 15:38:41 06-03-2005 11:31:17 06-06-2005 10:43: 15 Cvndie Goudeau Michael Delk Garrv Brumback Bill Horne Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # Meeting Date: 06-16-05 SUBJECT/RECOMMENDATION: APPROVE the Annexation, Land Use Plan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment from the A-E, Agricultural Estate District (County) and Low Density Residential (LDR) District (City of Clearwater) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City) for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the north Y4 of the northwest Y4 of the northwest Y4 of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet for right-of-way. and PASS Ordinance No. 7439-05 to annex this property on first reading, PASS Ordinance Nos. 7440-05, & 7441-05 to amend the Future Land Use Plan Map and Zoning Atlas amendment on first reading and PASS Resolution No. 05-21 to approve the Development Agreement for this property. (ANX2005-02003, LUZ2005-02002 and DV A2005-00001) ~ and that the appropriate officials be authorized to execute same. SUMMARY: The subject site is comprised of two parcels of land totaling 4.50 acres in area. It is located on the west side of McMullen Booth Road approximately 500 feet north of Mease Road. Approximately 0.358 acres of the site located at the northeast comer of the property is located within unincorporated Pinellas County. The annexation, future land use plan amendment and rezoning are requested by the applicant, Spinecare Properties, LLC, who intends to construct a two-story medical office building 45,000 square feet in area. The applicant is requesting this annexation in order to consolidate the entire property within a single municipality and receive sewer and solid waste service. The applicant currently receives water service from Pine lIas County and will continue to receive that service from that entity. The western portion of the site currently occupied by 14 attached dwellings within two buildings, receives sewer and solid waste service from the City of Clearwater. The portion of the site which is the subject of the annexation request is generally undeveloped and does not receive any City services. The applicant is aware of the costs to extend service to this site, as well as the applicable impact fees and utility deposits. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. Reviewed by: Legal Info Srvc N/A Budget N/A Public Works N/A Purchasing N/A DCM/ACM Risk Mgmt N/A Other Costs Total Current FY Funding Source: CI OP Attachments: Ordinance Nos. 7439-05,7440-05 & 7441-05; Resolution No. 05-21 STAFF REPORTS Other o None Appropriation Code: . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and eliminates an enclave. Please refer to the attached annexation (ANX2005-02003) report for the complete staff analysis. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The applicant is requesting to amend the Future Land Use Plan Map designation for this 4.50-acre site from RS, Residential Suburban (County) to Residential Low (RL) and Institutional (INS) (City) and to rezone it from the A-E, Agricultural Estate District (County) and Low Density Residential (LDR) District (City of Clearwater) to the Low Medium Density Residential (LMDR) and Institutional (I) zoning districts. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan amendment and rezoning (LUZ2005-02002) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is not required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed land use plan amendment which limits the use of the property located at 3280/3290 McMullen Booth Road within the Low Medium Density Residential (LMDR) District as a non-residential off-street parking facility. The development agreement will restrict the use of the subject site for 10 years and establishes the type of use permitted on the site, limits the gross floor area and height, number of parking spaces and directs a variety of site design issues including location and type of walls and fencing and landscaping and operational components including hours of operation, location of particular business activities and lighting. Specifically, redevelopment of this site shall be consistent with the following provisions of the proposed Agreement: 1. The portion of the property requested to be zoned Institutional (I) will be used for a medical clinic and the portion requested to be zoned Low Medium Density Residential will be used for non-residential off- street parking; 2. The building will not exceed 45,000 square feet in area and 30 feet in height to the top of the roof and an S:\Planning Department\C D BlAnnexationslANX - 2005IANX2005-02003 3280 McMullen Booth Spinecare Properties1ANX2005-02003 and LUZ02002 CC cover memo.doc additional 5 feet of parapet to screen rooftop equipment; 3. The maximum number of parking spaces shall not exceed 225; 4. All windows on the north and west sides of the building shall be translucent; 5. A stucco wall six feet in height shall be located on the north side of the property between the front (east) property line and the adjacent Lot 40 and a privacy fence six-feet in height shall be located along the south side of the site; 6. A landscape buffer not less than 10 feet in height be located along the south side of the wall along the north property line; 7. All medical imaging shall be conducted within the southern half of the building; 8. The hours of operation shall be between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and noon on Saturday with the imaging center operating later than the rest of the building but with limited staffing; 9. Lighting on the site shall be designed and directed in such a manner that light does not intrude beyond the site boundaries; 10. At least 70 percent of the existing trees with a diameter greater than 12 inches shall be preserved; and 11. A deed restriction, which lists all restrictions outlined in the agreement, must be recorded prior to the issuance of any permits. Additionally, the Development Agreement obligates the City to comply with the following: 1. Concurrently process the Annexation (see case ANX2005-02003) and Future Land Use Plan Amendment and rezoning request (see case LUZ2005-02002) submitted by the applicant for the subject site; and 2. Process site and construction plans consistent with the City's Comprehensive Plan and the submitted Concept Plan; The Planning Department determined that the proposed Development Agreement is consistent with the City's Comprehensive Plan. Please refer to the attached development agreement (DV A2005-0000 1) report for the complete staff analysis. The Community Development Board reviewed these applications at its public hearing on May 17,2005 and unanimously recommended approval of all three applications. S: \Planning DepartmentlC D BlAnnexationslANX - 2005IANX2005-02003 3280 McMullen Booth Spinecare Properties1ANX2005-02003 and LUZ02002 CC cover memo. doc ORDINANCE NO. 7439-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF 0.358- ACRES LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH 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: See legal description attached hereto (ANX2005-02003 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7439-05 Legal Description for ANX2005-02003 The East 308.25 feet of the North ~ of the Northwest ~ of the Northwest ~ of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of-way. Ordinance No. 7439-05 ORDINANCE NO.7 440-05 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 WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01 IN A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF LOT 1, GEIGER TRACT, A PORTION OF SECTON 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST; WHOSE POST OFFICE ADDRESS IS 3280 MCMULLEN BOOTH ROAD, FROM RESIDENTIAL SUBURBAN TO RESIDENTIAL LOW AND INSTITUTIONAL; 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: Prooerty See legal description "A" attached hereto. (LUZ2005-02002) Land Use Cateaorv To: Institutional Section 2. 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: Prooerty See legal description "B" attached hereto. Land Use Cateaorv From: Residential Suburban To: Residential Low and Institutional Section 3. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Ordinance No. 7440-05 Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7439-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7440-05 Legal Description "A" for LUZ2005-02002 The East 308.25 feet of the North ~ of the Northwest ~ of the Northwest ~ of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of- way. Legal Description "B" for LUZ2005-02002 Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, Public Records of Pine lias County, Florida. Ordinance No. 7440-05 ORDINANCE NO. 7441-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); AND BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF LOT 1, GEIGER TRACT, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3280 MCMULLEN BOOTH ROAD, FROM LOW DENSITY RESIDENTIAL (LOR) TO LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND INSTITUTIONAL(I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Prooerty See legal description "A" attached hereto. (LUZ2005-02002) Zonina District Institutional (I) Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Prooerty See legal description "B" attached hereto. (LUZ2005-02002) ZoninCl District From: Low Density Residential (LOR) To: Low Medium Density Residential (LMDR) and Institutional (I) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7439-05. Ordinance No. 7441-05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7441-05 Legal Description "A" for Legal Description for ANX2005-02003 The East 308.25 feet of the North ~ of the Northwest ~ of the Northwest ~ of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of-way. Legal Description "8" for LUZ2005-02002 Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, Public Records of Pinellas County, Florida. 3 Ordinance No. 7441-05 Owner: Site: From: To: 2x2 Map Spinecare Properties, LLC Case: 3290 McMullen Booth Road Property Size (Acres): Land Use RS (County) INS Zoning PIN: AE (County) Atlas Page: ~ A NX2005-02003 0.35 21/28/16/00000/220/0100 190A Location Map Owner: Spinecare Properties, LLC 3290 McMullen Booth Road Case: Site: Property Size (Acres): La nd Use Zoning PIN: From: To: RS (County) INS AE (County) A tlos Page: ANX2005-Q2003 0.35 21/28/16/00000/220/0100 190A Aerial Photograph Owner: Spinecare Properties, LLC 3290 McMullen Booth Road Case: A NX2005-D2003 0.35 Site: Property Size (Acres): Land Use Zoning PIN: 21/28/16/00000/220/0100 From: To: RS (County) INS AE (County) Atlas Page: 190A HAMPTON CT '" '" rll1-r--1 ___r~J I i'S J I J 1_, I L, : , I , I I l_J 'l_-1 1__1-- r--I r--l r-l 1-'---, /J I // I I L_, I / I r" I" I 0' ~II 011 ~If"'" J '" II .J"_id I "-I L lill li5..JL-~ lil L_J lil L--__~J ~-,__J DOXBERRY CT rr-----------------I I I - I 1--1 L_____S-1_..J-"",-_r-L_J---' I I 1 L, I I I - I : L__..I r I I I L, ....oJ I /' 32li.gJ r--' I L, : I 326 _r 32tjZ-___, (~ r-f=J I I 'L__..J ~-----, f.251 I I ~J I [........ L ...J II I L...._i I I : r~..J L_~ lil ~, /,__1 ) ) I I I " I , I '~J /'\ !:l~ ~ "' "!)) l <. " 3lfd',,,} [1 I L______..... J I : \ I ~J I I '-I______J Proposed Annexation Map Owner: Spinecare Properties, LLC Case: ANX2005-Q2003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) To: INS Atlas Page: 190A -I I ,_J J _~--___-=-~56 I , " I __ I 1-;--1 I ,-- , ' I (3250 1 ("--I I _J I I I , I I u--,'" 1 ..J ~J '" Owners: Site: From: To: ...r-----------------, L, I ,--I L--L_J-l_....--=-_r-L_J--J 1 l, GEIGER I I I - I_J r-- I I I L, " 'm/ifS I---L I \ I [ 32b.L r 321jZ._--L_~ (". r-L_J L,__J ~1-----1 I ." 1 (0- L ...J 'I I L__ I I I I 1 .r l_.... C"') 1 I-' I L______~ , I 1 \ Future Land Use Map McMullen Booth Developers. LLC 3290 McMullen Booth Road Land Use Zoning RS (County) AE (County) INS Case: ANX2005-Q2003 Property Size (Acres): 0.35 PIN: 21/28/16/00000/220/0100 A tlas Page: 190A -I J ,_J I '" l1:i I I I 1 1 ,..r-----------------, l, I r---I L--L J-' -.... r-L ~_J : I - -~ -- - 1 '1 GEIGER I I I - t__J r - "1 I I L1 ...............J 32fisJ _~--:-=-~56 I I ~ I I I-';---l I ,-- I ' I r 3250 m1"----1 L I I r" I (...... L ...J 1 (--\ I _J 1 I I I I I Lr-,": .J *J II I L___ I I : [I \ r I_~ i-I I L______ . \ I \ Zoning Map Owners: McMullen Booth Developers, LLC Case: A NX2005-D2003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/00000/220/0100 From: RS (County) AE (County) To: INS Atlas Page: 190A HAMPTON CT It) r-- <"') _ r~- I ___r~1 ~__, ., I :: I ~ l_, I l.." I I , I , I I I l_J 'l_.J __,-- r-------: l, ,...J I /' mJ r 1 I L\ I r I I I r~ 32fU__" 32!jZ.___, .J- r-"'--"'1 I I L_" I I L.L__~ II I L___ I I I I : r~.J l_" lil [1 I ~------- , I : II, I ,J I I l,.-L______J Existing Surrounding Uses Map Owner: Spinecare Properties, LLC Case: ANX2005-G2003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) To: INS Atlas Page: 190A CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: ~ . PLt:J~y May 17.2005 ANX2005-02003 (Related to DV A2005-00001. LUZ2005-02002 and FLD200S-01014) Spinecare Properties. LLC Todd Pressman and Steve Seibert 3290 McMullen Booth Road G-4 (Related to F-S. G-S and G-6) CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: Annexation of 0.3S8-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2005-02002). 0.3S8 acres (124 feet wide by 124 feet deep) Detached dwelling and accessory uses Medical Office PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: ADJACENT USES: ANAL YSIS: Residential Suburban (RS) Classification (County) Institutional (I) (City) (pending LUZ200S-02002) A-E, Agricultural Estate (County) Institutional (I) (City) (pending LUZ200S-02002) North: Detached dwellings South: Nursing home East: Medical clinic West: Detached dwellings This annexation involves 0.358 acres property, located on the west side of McMullen Booth Road approximately SOO feet north of Mease Road. The property is contiguous with the existing Staff Report - Community Development Board -May 17,2005 - Case ANX200S-08013 Page 1 City boundaries to the north, south and west; therefore, the proposed annexation is consistent with Pine lias County requirements with regard to voluntary annexation. The applicant is requesting this annexation so the property can be included as part of a medical office redevelopment project that includes the adjacent parcel to the west. A companion application to amend the Future Land Use Plan category of the site from Residential Suburban (RS) to Institutional (I), and to rezone it from Agricultural Estate (A-E) (County) to the Institutional (I) District is being processed concurrently with this annexation request in LUZ2005-02002 (see agenda item G-5). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pine lias County. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the adjacent parcel to the west. The applicant is aware of the costs to extend service to this site, as well as the applicable impact fees and utility deposits that must be paid at the time building permits are issued Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pine lias County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within the East Police District and service will be administered through the District 3 Substation located at 2851 McMullen Booth Road and County Road 580. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services . Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. Recommended Conclusions of Law 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. Staff Report - Community Development Board -May 17,2005 - Case ANX2005-02003 Page 2 II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The proposed annexation is consistent with promoting the following goal and objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned A-E, Agricultural Estate District in the County. The applicant proposes to rezone the property to the Institutional District. The proposed rezoning is being processed concurrently with the annexation and is thoroughly analyzed and discussed in the staff report for LUZ2005-02002 (see agenda item G-5). Recommended Conclusions of Law The appropriate zoning of the subject property is to be determined as part of LUZ2005-02002. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact A change is requested to the Countywide Comprehensive Plan category of this site from the Residential Suburban (RS) category to the Institutional (I) category in LUZ2005-02002 (see agenda item G-5). The proposed land use plan amendment is being processed concurrently with the annexation and is more thoroughly analyzed and discussed in the staff report for LUZ2005- 02002 (see agenda item G-5). In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pine lias Planning Council (PPC) and the Board of County Commissioners acting as the Countywide Planning Authority. Recommended Conclusions of Law The appropriate plan category of the property is to be determined as part ofLUZ2005-02002. Staff Report - Community Development Board -May 17,2005 - Case ANX2005-02003 Page 3 V. CONSISTENCY WITH PINELLAS COUNTY LAW: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the north, south and east and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The property already receives City water service. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. Based on the recommended findings of fact and conclusions of law, the Planning Department recommends APPROVAL of the annexation of 0.358-acres to the City of Clearwater. Prepared by Planning Department Staff: Mark T. Parry, Consulting Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Surrounding Uses Map Site Photographs Staff Report - Community Development Board -May 17,2005 - Case ANX2005-02003 Page 4 S: IPlanning DepartmentlC D BlAnnexationslANX - 2005IANX2005-02003 3280 McMullen Booth Spinecare Properties1ANX2005-02003 staff report. doc Staff Report - Community Development Board -May 17, 2005 - Case ANX2005-02003 Page 5 2x2 Map Owners: Spinecare Properties, LLC Case: LUZ200S-Q2002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A Location Map Owners: Spinecare Properties, LLC Case: LUZ2005-Q2002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A -I Aerial Photograph Owners: Spinecare Properties, LLC Case: LUZ2005-D2002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A DOXBERRY CT "' ::; '" '" g ., HAMPTON CT RS ~ ~ '" '" ., ., co '" ., ., ., ;;; ., Gl '" ., ~ '" ., co '" g "- "- '" ., RL 3268 3269 3262 3263 3256 3257 RS ~ ~ 3251 0 ~ '" " '" v '" C; C; " ." '" '" ., ~a GEIGER CT 3048 Future Land Use Plan Map Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From :~ RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A --I I I I __J (-...----~~62 -I r--- I I L___J C-=--=--=-~---_~~56 I I C::-" : _S---I : 1-_1 I J I I I HAMPTON CT '" '" I-*r-I __-,-!';-, ___, _ I ~ I j 0J I '--C&o 1 I I I g: -', Jl.., II t l_--' '1_-' t__r-- r--l r--' /J I // I / I ,.I' I : 011 ~: L__...,_~J 1........_"\._-gJ DOXBERRY CT '" o '" '" "'- I-~"""'-l -1r-'--1j _........r-1B , I r I L" I I : ~ : --I I -I : L_J L_J L__ "- '" ~'J-i I I" I I L__l - '" -----~ r--J~ I {'r') II 1":.1 1_, ::_ r \, I ....., I L_J I__J LMDR (-.---------------1 ~ I ,--I L_._I-1_....-:..._r-L._J-_....I I I I I '1 I I I - I_J ------, I r---' I -\ L____...J I-I L__J ---, ---EDR ---, L, I I- I ___J 325~----1___ oj"" r-'" I I I L_" I I L.l___1 i-I "--- I I I I I ~.-....~_I o '" ~ ~ ~ 1...:-------1 32'!j1 J I 1-..... L -' r--, I L_~ I I I I I I 1__r~rJ o '" --, : ';--L I I I I I I-~--I I_~ - c '" (-~l _J I I I I_I-'-I'<r : LiS-J '" II I L.__~ I I I I I r-I I r- l_" //,_.....1"') ) / I I , / " I '......../ //'\ ~1> / \, !'1.() ( ) ") ( ~ ' , ' 30~!:r/"./) I-I " J ! "---Tll I I I J I I 1..-[______--' GEIGER CT Zoning Map Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Land Use Zoning From: RS(County) AE (County) & LOR (City) To: RL & INS LMDR & I Property Size(Acres): 4.51 PIN: 21/28/16/00000/220/0100 21/28/16/30462/000/0010 Atlas Page: 190A HAMPTON CT '" '" 1_*'--' ___r~-, ___, ~ I <") II C"JI ~ 1_, l L"\ 1\ g: \. I\.I I t L_J '1_--1 t__,-- r--l r--1 1--\ /J I // I I L_, r/ 11/ : ~\Q., J I 01 I ~I L 00 IL_-' L_-..._~J l......_'\_~J ~ '" <> :-03.-,-: -'<-r~ Id-;;; L,,: I : I : --I : -, : l__J I__J l__ ------1 1 r--..... 1 I -I L____-' I-I l__J ~r-----------------l 1 1 , 1 1--1 L--'-_I-l_...J-~_"'-L_J---' I 1 I l, I 1 I - I : l__-, ---, I ---) ---, " I I- I ___J :-1 ,...--- 1 I 1 I 1 L,.'\~J <> '" ..... Q. ,-'------, CI) 32'91 ,J ::.::: I 1-.... (,) L...J ~ II I L.__..... 1 I 1 1 I r-1 1 r- l_J M~dical 1 "------- offices iI, , JJ , , --l______-' r--' 1 L_, 1 I 1 I 1 I i__.)~-.) <> '" --, : IJ-~ 1 , 1 , I I-C\l--' 1_.... ;:; '" (-...., _J 1 1 1 Ll-'-I'l;t" I ':5-J '" GEIGER CT Existing Surrounding Uses Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: ~' ..... V't I j . '-I May 17.2005 LUZ2005-02002 (Related to ANX2005-02003. DV A2005-0000 1. and FLD2005-01014) Spinecare Properties. LLC Todd Pressman and Steve Seibert 3280/3290 McMullen Booth Road G-5 (Related to F-5. G-4 and G-6) CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: (a) Future Land Use Plan amendment from the Residential Suburban (RS) Classification (County and City) to the Residential Low (RL) Classification (City) (pending ANX2005-02003); (b) Future Land Use Plan amendment from the Residential Suburban (RS) Classification (County) to the Institutional (INS) Classification (City) (pending ANX2005-02003); (c) Rezoning from the Low Density Residential (LDR) District (City of Clearwater) to the Low Medium Density Residential (LMDR) District (City of Clearwater); and (d) Rezoning from the A-E, Agricultural Estate (County) to the Institutional (I) District (City of Clearwater) (pending ANX2005-02003). 196,272 square feet or 4.50 acres (220 feet wide by 8500 feet deep m.o.I.) 14 attached dwellings and one vacant detached dwelling and accessory structures Medical Clinic Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 Page 1 Current Category: County) Proposed Category: Residential Suburban (RS) Classification (City and Residential Low (RL) and Institutional (INS) (City) ZONING DISTRICT: Current District: Proposed District: Low Density Residential (LDR) District (City) and A-E, Agricultural Estate (County) Low Medium Density Residential (LMDR) (City) and Institutional (I) (City) EXISTING SURROUNDING USES: North: Detached dwellings South: Assisted living facility and detached dwellings East: Medical clinic West: Detached dwellings ANAL YSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves two parcels of land, approximately 4.50 acres in area located on the west side of McMullen Booth Road approximately 500 feet north of Mease Road. A vacant detached dwelling and accessory structures and 14 attached dwellings within two, one-story buildings currently occupy the site. Both parcels have a FLUP designation of Residential Suburban (RS). The northeast comer of the site, consisting of 0.358 acres, is included in a companion application to annex into the City of Clearwater (see ANX2005-02003) and is zoned A-E, Agricultural Estate District (Pine lias County). The remainder of the site consists of 4.142 acres and is located within the City and has a zoning designation of Low Density Residential (LDR). The applicant is requesting to amend the FLUP designation of the western 2.06 acres of this 4.5 acre site to the Residential Low (RL) classification and to rezone it to the Low Medium Density Residential (LMDR) District. The applicant is also requesting to amend the FLUP designation of the eastern 2.44 acres of the site to the Institutional (INS) classification and to rezone it to the Institutional (I) District. The applicant plans to construct a medical clinic with paved, surfaced parking areas, landscaping and stormwater facilities (see FLD2005-01014). A development agreement is being proposed between the applicant and the City for a period of 10 years that limits the use of the site to a 45,000 square foot medical clinic, while the land use plan amendment and rezoning could possibly result in a maximum building size of 69,086 square feet. Furthermore, the proposed agreement would limit the use of the residentially zoned portion of the site to non-residential off-street parking (see DV A2005-0000 I). In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pine lias Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage and density involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Staff Report - Community Development Board - May 17,2005 - Case LUZ2005-02002 Page 2 Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed plan amendment will result in land designated for institutional use along McMullen Booth Road in close proximity to Mease Hospital. Additionally it will enable infill development to occur without degrading the level of service of any public facility. The future land use plan amendment and rezoning, along with the proposed Development Agreement (see DV A 2005-00001) will limit the maximum development potential of the site to ensure that development is compatible with the surrounding residential and institutional uses. The proposed future land use plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Institutional (INS) Future Land Use Plan category, as specified by Section 2.3.3.7.3 of the Countywide Rules, is to depict those areas of the County that are now used, or appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities, and natural resource features. The primary uses permitted within the INS category are Public Educational Facilities; Private Schools; Colleges; Hospital, Medical Clinic; Church, Religious Institution, Cemetery; Funeral Home/Mortuary; Social/Public Service Agency; Child Day Care; Fraternal, Civic Organization; Municipal Office Building, Courthouse; Library; Public Safety Facility, Emergency Medical Service Building; and Convention Center. The secondary uses permitted with in this category are Residential Uses of Staff Report - Community Development Board - May 17,2005 - Case LUZ2005-02002 Page 3 up to a maximum of 12.5 dwelling units per acre; Residential Equivalent uses at a ratio of 3 beds per 1 permitted dwelling unit; Recreation/Open Space; Transportation! Utility; and Ancillary Non-Residential. The purpose of the proposed Residential Low (RL) category, as specified in Section 2.3.3.1.4 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. The Residential Low (RL) category is generally appropriate to locations outside urban activity centers; in areas where use and development characteristics are low density residential in nature; and in areas serving as a transition between more suburban and more urban residential areas. Residential uses are the primary uses in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses permitted in the RL classification include Residential Equivalent uses permitted at a ratio of three beds to one permitted units, Institutional, Transportation/Utility, Public Educational Facility, Ancillary Non-Residential, and Recreation/Open Space uses. As stated earlier, the 2.44-acre portion of the site fronting McMullen Booth Road is proposed to be designated INS and the remaining 2..06 acres is proposed as RL. The FLUP Map pattern along the west side of McMullen Booth Road in the vicinity of the subject site is institutional to the south of the site and residential to the north and west. There is a consistent pattern of INS designated land use fronting on McMullen Booth Road with residential land uses (Residential Suburban and Residential Urban) abutting to the west. Furthermore, the general land pattern is that larger tracts (mostly un-platted parcels that front on McMullen Booth Road) have access on McMullen Booth Road. The land designated for residential purposes has generally been platted and does not have access onto McMullen Booth Road. The compatibility of institutional and residential land uses is evidenced by existing land use patterns and by the fact that the Countywide Rules allow residential uses in the INS classification and institutional uses in all residential land use classifications. McMullen Booth Road in the vicinity of the subject site is designated as a Primary Corridor of the ScenicINon-Commercial Corridor (SNCC). It also has a Residential classification on the SNCC Map. Section 4.2.7.1.4 of the Countywide Rules indicate that public/semi-public future land use plan classifications (which includes the INS category) may be appropriate within the Residential Corridor based on the character, intensity and scale of the uses permitted in relation to the existing delineation of plan categories, adjoining existing uses, and the need for such uses. Based on the existing development patterns in the vicinity of the subject site and the site's close proximity to Mease Hospital, the proposed INS and RL designations are consistent with the SNNC Residential designation. Recommended Conclusions of Law The proposed locations of the INS and RL future land use plan categories are consistent with the purpose and locational characteristics of the Countywide Plan. Additionally the proposed Staff Report - Community Development Board - May] 7, 2005 - Case LUZ2005-02002 Page 4 categories are consistent with the Residential Classification of the Primary Corridor of the Scenic/Non-Commercial Corridor. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact In the vicinity of the subject site, McMullen Booth Road is a six-lane divided arterial roadway that is controlled by traffic signals at SR 580, Mease Drive and Curlew Road. McMullen Booth Road is characterized by a variety of institutional uses including an assisted living facility, a hospital, medical clinics, a nursing home, and educational facilities, as well as offices, single- family and multi-family residential, open space and utility uses. Primarily single-family dwellings characterize the immediate area to the southwest, northwest and west of the subject site and an assisted living facility is located adjacent to the south of the site. Land located on the west side of McMullen Booth Road between the subject site south to SR 580 is designated Institutional (INS) on the FLUP Map with the exception of some Preservation (P) designated land at the Chi Chi Rodriguez Golf Course and one small parcel designated Residential/Office Limited. The area to the north and west is developed with single-family platted subdivisions designated Residential Suburban (RS) and Residential Urban (RU). The remainder of FLUP designations on the east and west side of McMullen Booth Road are Residential/Office Limited, Residential/Office/Retail, Residential/Office General, Preservation, Recreation/Open Space, and Residential Estate. Recommended Conclusions of Law The proposed FLUP amendment and rezoning is compatible with surrounding uses and designations due to the similarity of land use patterns of institutional property adjacent to residential property, the general institutional character of this area along McMullen Booth Road and the site's close proximity to Mease Hospital. The proposed FLUP and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 4.50 acres in area and is presently occupied by 14 attached dwellings within two buildings and a vacant detached dwelling. The applicant is requesting to amend the FLUP designation of the western 2.06 acres of the site to the Residential Low (RL) classification and to rezone it to the Low Medium Density Residential (LMDR) District. The applicant is also requesting to amend the FLUP designation of the eastern 2.44 acres of the site to the Institutional (INS) classification and to rezone it to the Institutional (I) District. Based on a maximum permitted density of 2.5 units per acre in the Residential Suburban (RS) category, 5 dwelling units could be constructed on this portion of the site. The allowable development potential in the Residential Low (RL) category is five units per acre, which would allow 10 dwelling units to be constructed on the western 2.06 acres of this site. The allowable development potential in the Institutional (INS) category is 12.5 dwelling units Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 Page 5 per acre or a floor area ratio of 0.65, which would allow 30 dwellings units or 69,086 square feet of gross floor area to be constructed on the eastern 2.44 acres of the site. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pine lias Planning Council's (PPe) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next tables. The first table examines the maximum potential traffic of the FLUP amendment from the Residential Suburban (RS) to the Residential Low (RL) classification. The second table examines the maximum potential traffic of the FLUP amendment from the Residential Suburban (RS) to the Institutional (INS) classification. Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Trips3 Volume of McMullen Booth Road from Curlew Road to S.R. 580 LOS of McMullen Booth Road from Curlew Road to S.R. 580 55,697 55,755 55,802 47 A A A A N/A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of trips per acre per day for the Residential Suburban Future Land Use Category. Source: "The Rules" of the Countywide Future Land Use Plan Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 Page 6 Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Trips3 Volume of McMullen Booth Road from Curlew Road to S.R.580 LOS of McMullen Booth Road from Curlew Road to S.R. 580 55,697 55,765 56,104 339 A A A A N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of trips per acre per day for the Residential Suburban Future Land Use Category. per acre per Source: "The Rules" of the Countywide Future Land Use Plan Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of McMullen Booth Road from Curlew Road to S.R. 580 has a LOS of A. Although the proposed FLUP categories of Residential Low (RL) and Institutional (INS) could generate an increase in PM Peak Hour traffic on this segment of McMullen Booth Road by a total of 38 trips; however, this increase in trips would be an increase of less than one percent and will not result in the degradation of the existing LOS to the surrounding road network. An accompanying development agreement (see DV A2004-00003) will limit the use of the site so it is likely that the projected traffic volumes will be even less than indicated above. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning(LMDR/A-E)/Future Land Use Plan (RS) S ingle- family residential 5 48 N/A 5 N/A dwellin units Proposed Zoning(LMDR) /Future Land Use Plan (RL) Single-family residential (9.5 7 trips/dwelling un it) 10 96 48 10 5 dwellin units Apartments (6.63 10 66 18 7 2 dwelling units Staff Report - Community Development Board - May 17,2005 - Case LUZ2005-02002 Page 7 Existing Zoning(LMDR/A-E)/Future Land Use Plan (RS) S ingle- family residential 5 48 N/A 5 N/A dwellin units Proposed Zoning(I) /Future Land Use Plan (INS) Nursing Home (261 91 28 238 190 33 dwellin units Place of Worship (9.11 69,086 629 582 97 92 dwelling units Medical Clinic (3145 69,086 2,173 2,125 368 363 dwelling units The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network, as thc traffic generation associated with the proposed amendment will not exceed one percent of the existing PM Peak hour trips of McMullen Booth Road. In addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pine lIas Sun coast Transit Authority (PST A) bus service is available along North McMullen Booth Road. Water The current FLUP category could use up to 2,750 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 9,409 gallons per day. As a portion of the property will be limited to parking, it is likely that the increase will be less than projected. The proposed land use will not negatively affect the City's current LOS for water Wastewater The current FLUP category could produce up to 2,200 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 7,530 gallons per day. As a portion of the property will be limited to parking, it is likely that the increase will be less than projected. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Staff Report - Community Development Board - May 17,2005 - Case LUZ2005-02002 Page 8 Solid Waste The current Residential Suburban FLUP category would result in the production of 28 tons of solid waste per year. Under the proposed FLUP categories, the maximum development of 10 dwelling units could generate 25 tons of solid waste per year. The proposed medical office with ancillary non-residential off-street parking lot could generate 160 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 11 dwelling units and 69,086 square feet of gross floor area; however, as the use of the site is proposed to be limited to a medical office with ancillary non-residential off-street parking for the next ten years via a development agreement (case# DV A2005-0000 I), payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time. Open Space, Recreation Land and Recreation Facility impact fees will be required if the property is ever developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Recommended Conclusions of Law Based on the findings of a traffic study submitted by the applicant and reviewed by the Clearwater Engineering Department, the proposed FLUP amendment and rezoning will result in an increase in traffic volumes, however, the level of service of this segment of McMullen Booth Road will not be degraded. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for water, wastewater, solid waste disposal or mass transit. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact No jurisdictional wetlands are located on the subject site; however, the site has significant vegetation. A provision of the proposed development agreement (see DV A2005-00001) will require that 70% of existing trees with a diameter greater than 12 inches be preserved. Prior to development of the subject property, site plan approval will be required. A site plan has been submitted concurrent with this application (case FLD2005-01014) which includes a stormwater management system that meets all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Recommended Conclusions of Law The site has significant trees on the site but no wetlands. The natural environment of the site will be protected through the City's tree preservation and stormwater management requirements, as well as provisions of a proposed Development Agreement (see DV A2005-0000 1). The proposed FLUP amendment and rezoning will not result in adverse impacts on the natural environment. Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 Page 9 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District and Institutional (I) boundaries are logical based on surrounding FLUP patterns along the west side of the McMullen Booth Road corridor. It will blend into the existing Low Medium Density Residential (LMDR) District to the north and the Low Density Residential (LOR) District to the south and west. The location of the I District boundaries is also consistent with the HF, Hospital Facility District (City of Safety Harbor) to the immediate south. Recommended Conclusions of Law: The proposed zoning district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, development patterns and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing FLUP category and zoning districts permit a density of 2.5 dwelling units per acre and an impervious surface ratio (lSR) of 0.60. The proposed RL future land use category and LMDR District and INS land use and I District are more intensive. The LMDR District permits a density of five dwelling units and an ISR of .60. The I District permits 12.5 dwelling units per acre and an ISR of 0.65. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. Under the current I zoning district provisions, a minimum lot width of 100 feet and a minimum lot area of 20,000 square feet are required. The subject site is approximately 196,272 square feet in lot area and 220 feet in lot width. Recommended Conclusions of Law: The proposed use of this property as a medical clinic with ancillary non-residential off-street parking is consistent with the uses allowed as part of a Level Two Flexible Development use in the Institutional (I) and Low Medium Density Residential (LMDR) zoning districts, respectively. Non-residential off-street parking facilities do not have a minimum lot area or width requirement in the Low Medium Density Residential (LMDR) District. The subject property exceeds the City's minimum LMDR and I District's dimensional requirements and is therefore consistent with the Community Development Code. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS Staff Report - Community Development Board - May 17,2005 - Case LUZ2005-02002 Page 10 An amendment of the FLUP Map from the Residential Suburban (RS) category to the Residential Low (RL) and Institutional (INS) categories and a rezoning from the A-E, Agricultural Estate District (County) and the Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts is requested. The proposed designations meet the purpose and locational requirements of the Countywide Plan; the use of the property is consistent with the proposed designations; the property exceeds the minimum dimensional requirements of the Community Development Code and is consistent with the Clearwater Comprehensive Plan. Based on the recommended findings of fact and recommended conclusions of law, the Planning Department recommends the following actions on the request: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Suburban (RS) Classification (County and City) to the Residential Low (RL) Classification (City) (pending ANX2005-02003); b) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Suburban (RS) Classification (County) to the Institutional (INS) Classification (City) (pending ANX2005-02003); c) Recommend APPROVAL of the Rezoning from the Low Density Residential (LDR) District (City of Clearwater) to the Low Medium Density Residential (LMDR) District (City of Clearwater); and d) Recommend APPROVAL of the Rezoning from the A-E, Agricultural Estate (County) to the Institutional (I) District (City of Clearwater) (pending ANX2005-02003). Prepared by Planning Department staff: Mark T. Parry, Consulting Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning DepartmentlC D EILand Use AmendmentslLUZ 20051LUZ2005-02002 3280-3290 McMullen Booth Rd Spinecare PropertieslFinal LUZ2005-02002 Staff Report. doc Staff Report - Community Development Board - May 17,2005 - Case LUZ2005-02002 Page 11 2x2 Map Owners: Spinecare Properties, LLC Case: D V A2005-0000 1 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I A tlas Page: 190A Aerial Photograph Owners: Spinecare Properties, LLC Case: DV A2005-00001 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I A tlas Page: 190A ~EDSTATE;DCIR~~N i ... ~"t a 0.: Location Map Owners: Spinecare Properties, LLC Case: D V A2005-0000 1 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A "- "' " '" :g " '" ;? " '" HAMPTON CT RS " "' " '" '" '" " '" 12 " '" DOXBERRY CT '" " '" '" <; " '" '" :!; '" "- "- " '" RL Future Land Use Plan Map Owners: Spinecare Properties, LLC Case: D V A2005-0000 1 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RU & INS LMDR & I Atlas Page: 190A GEIGER CT HAMPTON CT '" '" ,-.;g...r--, ___'~-, ___, _ I <:I') II <:I')J ~ I I I I :il: -', l t-,., II t l_J '1_--1 t__,-- r--l r--' /J I II I / r ,I I 1 I I I I 01 I ~l L_-..._~J L..""_'_.gJ DOXBERRY CT '" c '" t") ..._... 01 ...... I-tl.... I -,"_r-~ _....-..r-~ I I r I l...., I I : 'I : --I : -I : l J __.J L__ " '" ~'J-j I I" I , l__1 - '" -----~ r--.r~ : '" " '"I l_, : 1_ r " I ....., I L_J ,__J LMDR r-----------------I 1 . I ~ I 1--1 L-._J-l_..r___r-L._J--~ I I I ' " , I I - I : l__.... ------1 I r---' I L___=J i-I l__J ----, -~lDR --I I I I __J C-=--=--=-~----3?56 I 1-- C-.=--J : ----, :_J ,__, I J I , , :---L , \ I I , J 326$. J 3252!----,__~ J r--' I , I L_J , I L..L___I ---, L, I I- I ___J ,-1 I , ,--- I , , I , Lr"\.~_1 c '" ~ ~ (.) S2 ,---------, 3291 rJ I (..... L ...J r--, I L_~ I I I I I , L_.J~-.J C '" --, : Ij-L , I , I I ,,,__' I_J _ C '" (-....) _J I I , - , Ll ....I~ I L~J '" II 1 L___ , , I , , ,-' , r- l_" /1'_....1"") ) / I / , / " / ',,,,/ //"\... ",1.0./ , .0 ( ) '} I ~ ' " I' ',> 301$' ',/ I-' " J ! "---Tll I 1 I J I r L-I______J Zoning Map Owners: Spinecare Properties, LLC Case: DVA2005-00001 Site: 3280 & 3290 McMullen Booth Road Land Use Zoning From: RS(County) AE (County) & LDR (City) To: RL & INS LMDR & I Property Size(Acres): 4.51 PIN: 21/28/16/00000/220/0100 21/28/16/30462/000/0010 Atlas Page: 190A HAMPTON CT "' '" ,_~r--, _~_,~-, _, _ I ("") I' <'1,..-- ~ I II I "'I -', J L" : I t l_J 'I_J t__r-- r--, r--' /J I // I 1/ 1,/ : I al I ~I L__..,_~J "''--'l._~J "' o :_~L--! -'"-r~ ide;;; L",\ I I : 'i : --, : -I : l__J '-_J l__ ,_.r-~l , "'I I I , I 'L_J ------1 I r--.... I I -\ L____-' 1-\ l__J rr-----------------, I I - I 1--1 L--o...._I-t_....-____r-L_J---' I I I " I I I -- I : l__.... ----, I -""",-_J ---, L, I ,- I ___J c.-=--=--=-~-----=-~56 I I ---A I 1 ~ ,--------, CI) 32"F ) ~ '1 I........ o L-' SE II I 1..__..... I 1 1 1 I I I ,..1- l_" ~'- //......__/ ) ) / / / '- / l, / ...........,,/ //....\ /1..'1- / " ,0 ( ) 0) ( / ' " /, '\ 304tJ' './ Medical I "------- offices i'l 1 _J I I l..-l______J . _S---I ntIa~ 'J--' I I I r--, I L__ I 1 1 1 1 1 i__~-g-.J o '" --, : I.I-~ 1 I 1 I 1 '"-_' I_~ - c '" 1-1 1 1 r--- 1 1 1 I 1 Lr~~_1 c '" (-~l _J I I I U-~I.,. : ~J '" GEIGER CT Existing Surrounding Uses Owners: Spinecare Properties, LLC Case: D V A2005-0000 1 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I A tlas Page: 190A CDB Date: Case Number: Ownerl Applicant: Representative: Address: Agenda Item: y '';' \) \ \. I May S, 200S DV A200S-00001 (Related to ANX200S-02003, LUZ200S-02002 and FLD2005-01014) Spinecare Properties. LLC Todd Pressman and Steve Seibert 3280/3290 McMullen Booth Road G-6 (Related to F-S, G-4 and G-S) CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: EXISTING ZONING 1 LAND USE: PROPERTY USE: ADJACENT ZONING/ LAND USE: Review of, and recommendation to the City Commission on, a Development Agreement between Spinecare Properties, LLC. and the City of Clearwater which establishes the type of use permitted on the site, limits the gross floor area and height, number of parking spaces and directs a variety of site design issues including location and type of walls and fencing and landscaping and operational components including hours of operation, location of particular business activities and lighting. Low Density Residential (LDR) District (City) and A-E, Agricultural Estate (County) Residential Suburban (RS) Classification (City and County) Current Use: 14 attached dwellings and one vacant detached dwelling and accessory structures Proposed Use: Medical Office North: Low Medium Density Residential (LMDR) District - detached dwellings South: Low Density Residential (LDR) District (City) - detached dwellings and HF, Hospital Facility District (City of Safety Harbor) - assisted living facility East: HF, Hospital Facility District (City of Safety Harbor) - medical clinic West: Low Density Residential (LDR) District - detached dwellings Staff Report - Community Development Board - May 17, 2005 - DV A2005-0000 I - Page I ANAL YSIS: Site Location and Existine Conditions: The site is 4.50 acres located on the west side of McMullen Booth Road approximately 500 feet north of Mease Road. The site is occupied by two, one-story apartment buildings with a total of 14 attached dwellings units and a detached dwelling and several accessory structures. The surrounding area is predominantly developed with single-family dwellings to the northwest, southwest and west, an assisted living facility to the south and medical offices to the east. The majority of the site (4.142 acres) is presently located in the City of Clearwater and is within the Low Density Residential (LDR) zoning district and the Residential Suburban (RS) Future Land Use Plan (FLUP) classification. The remainder of the site, 0.358 acres, is located within unincorporated Pinellas County and is the subject of an annexation petition (see ANX2005- 02003). It has a FLUP designation of Residential Suburban (RS) and is located within the County A-E, Agricultural Estate District. The applicant is concurrently processing a FLUP amendment and rezoning application (see LUZ2005-02002) with this development agreement to designate the western 2.06 acres of the site to the Residential Low (RL) classification and rezone it to the Low Medium Density Residential (LMDR) District and to amend the FLUP of the eastern 2.44 acres to the Institutional (INS) category and rezone it to the Institutional (I) District. Development Aereement Request Recommended Findings of Fact The proposed Development Agreement associated with this 4.5-acre site limits the use and development of the property to a 45,000 square foot medical clinic for a period of 10 years. The Agreement sets forth public and private obligations to ensure that the proposed redevelopment of the site will be in harmony with the existing surrounding uses and will not negatively impact public facilities. Furthermore, it designates the Ashland Heights Home Owners Association as a third party beneficiary to the Agreement. Redevelopment of this site shall be consistent with the following provisions of the proposed Agreement: 1. The portion of the property requested to be zoned Institutional (I) will be used for a medical clinic and the portion requested to be zoned Low Medium Density Residential will be used for non-residential off-street parking; 2. The building will not exceed 45,000 square feet in area and 30 feet in height to the top of the roof and an additional 5 feet of parapet to screen rooftop equipment; 3. The maximum number of parking spaces shall not exceed 225; 4. All windows on the north and west sides of the building shall be translucent; 5. A stucco wall six feet in height shall be located on the north side of the property between the front (east) property line and the adjacent Lot 40 and a privacy fence six-feet in height shall be located along the south side of the site; 6. A landscape buffer not less than 10 feet in height be located along the south side of the wall along the north property line; 7. All medical imaging shall be conducted within the southern half of the building; 8. The hours of operation shall be between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and noon on Saturday with the imaging center operating later than the rest of the building but with limited staffing; Staff Report - Community Development Board - May 17,2005 - DV A2005-00001 - Page 2 9. Lighting on the site shall be designed and directed in such a manner that light does not intrude beyond the site boundaries; 10. At least 70 percent of the existing trees with a diameter greater than 12 inches shall be preserved; and 11. A deed restriction, which lists all restrictions outlined in the agreement, must be recorded prior to the issuance of any permits. Additionally, the Development Agreement obligates the City to comply with the following: 1. Concurrently process the Annexation (see case ANX200S-02003) and Future Land Use Plan Amendment and rezoning request (see case LUZ200S-02002) submitted by the applicant for the subject site; and 2. Process site and construction plans consistent with the City's Comprehensive Plan and the submitted Concept Plan; Recommended Conclusions of Law The provisions of the proposed Development Agreement will limit the use and development potential on the site. The restrictions imposed by the Agreement will ensure that the size and scale of the development will be compatible with the surrounding residential and institutional uses. Fencing and landscaping provisions will provide adequate buffering for the adjacent residential property. Furthermore, parking lot location, lighting and business hour restrictions will minimize the impacts of clinic activities on surrounding properties. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-606.F] Recommended Findings of Fact The provisions of the proposed Development Agreement will result in a redevelopment project that is consistent with and furthers the following goals, policies and objectives of the City of Clearwater Comprehensive Plan: 2.0 Goal - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Staff Report - Community Development Board - May 17, 2005 - DV A2005-0000 1 - Page 3 4.2 Objective - All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping / tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. 5.0 Goal- The city shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceed the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed Development Agreement will ensure the preservation of surrounding neighborhoods while allowing infill development along McMullen Booth Road. The site will be developed with an institutional use thereby ensuring that public demand for such use is fulfilled. Furthermore, landscaping and tree preservation requirements will be met and exceeded. Lastly, restrictions imposed on allowable floor area will not cause the level of any City services to fall below minimum acceptable levels. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on March 31, 2005. Based on the recommended findings of fact and recommended conclusions of law the Planning Department recommends APPROVAL of the Development Agreement for the site located at 3280/3290 McMullen Booth Road, Prepared by: Planning Department Staff: Mark T. Parry, Consulting Planner ATTACHMENTS: Development Agreement Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application S:\Planning Department\C D BlDevelopment Agreements1DVA2005-00001 McMullen Booth Rd 3280 Spinecare (LMDR & 1)IDVA2005-00001 STAFF REPORT doc Staff Report - Community Development Board - May 17, 2005 - DV A200S-0000 1 - Page 4 , ", \", ,I \~~,C \~L.\ )-'~fi ~~' \ Ct(~ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated , 2005, effective as provided in Section 5 of this Agreement, and entered into between SPINECARE PROPERTIES, LLC, a Florida limited liability company ("Owner"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ("Council"), the governing body thereof ("City"). R E C !I~h~: A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. B. Under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. C. Owner owns approximately 4.5 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. D. Owner or its successor, desires to develop the Property as a medical office complex, generally conforming to the concept plan ("Concept Plan") shown on Exhibit "B" attached hereto and incorporated herein. E. The Property currently has a land use designation of Residential Suburban (RS) and is zoned Low Density Residential (LOR). F. In order to develop the Property, as a medical office, Owner has requested that the City place the following on the Property: (i) a land use designation of Residential Low (5 units/acre) and Institutional (INS), (ii) a zoning designation of LMDR (Low Medium Density Residential and I (Institutional), all as indicated in exhibit B. G. The City and Owner have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this Agreement in accordance with the Code and the Act. H. It is the intent of the Owner and City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation ("Association"), be a third party beneficiary to this Agreement. I. The City has found that the terms of, and future development orders associated with, this Agreement are consistent with the City Comprehensive Plan and the Code. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals Agreement. The above recitals are true and correct and are a part of this SECTION 2. Incorporation of the Act This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Aqreement Agreement. The Property is subject to this SECTION 4. Ownership The Property is owned in fee simple by Owner. SECTION 5. Effective Date/Duration of this AQreement 5.1 This Agreement shall become effective as provided for by the Act and shall be contingent upon: 5.1.1 Obtaining final approval, and effectiveness of a land use designation of Residential Low and INS and a zoning designation of LMDR and I as requested on the Property; and 5.2 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. ObliQations under this AQreement 6.1 Obligations of the Owner 6.1.1 The obligations under this Agreement shall be binding on Owner, its successors or assigns. 2 6.1.2 At the time of development of the Property, Owner will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of development review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and building located thereon ("Building") shall be developed exactly as shown on the Concept Plan, exhibit C. 6.1.3.2 The Building size shall not exceed 45,000 square feet. 6.1.3.3 The Building shall not exceed two stories in height, as defined in the City's Code. Actual building height is 30' to the top of the roof deck, with a 5' parapet wall for screening. 6.1.3.4 The parking spaces on the Property shall not exceed 225 in number. Parking spaces located in the 55-foot buffer area on the North side of the building (i) shall be secured by a gate, (ii) shall only allow staff access, and (iii) shall not exceed fifteen (15) in number. 6.1.3.5 shall be translucent. All windows on the North and West sides of the Building 6.1.3.6 A 6-foot concrete wall (with a stucco finish) ("Wall") shall be constructed on the North (through Lot 40) Property line prior to commencement of any vertical construction, subject to City approval. A 6-foot privacy fence ("Fence") shall be constructed on the South Property line prior to commencement of any vertical construction, subject to City approval. The Owner shall maintain the above referenced Wall and Fence in good condition and such maintenance, either cosmetic or structural, shall be made promptly and completed in a good workman-like manner. In order to maintain the Wall and Fence, it may be necessary for the Owner to enter private property. In such case, the Owner shall give the private property owner seven (7) days written notice, in writing, before entering the private property to perform such maintenance. 6.1.3.7 There shall be tall vegetation no less than 10 feet in height to the South of the Wall located on the North Property line. 6.1.3.8 All medical imaging shall be conducted on the Southern half building. All access ways to the imaging machines and rooms shall be located on the South side of the building. 6.1.3.9 The Owner will operate its patient hours in the manner of a typical medical office complex in that the medical complex will be open from approximately 8 a.m. to 6 p.m., Monday through Friday, and from approximately 8 a.m. 3 to 12 p.m. on Saturday. The imaging center, located on the south side of the building, may operate later then the rest of the building, but with limited staff involvement. 6.1.3.10 The Owner shall reduce or eliminate lighting, as allowed by the City. Specifically, Owner shall reduce or eliminate lighting on the West side of the Property during non-peak times, consistent with safety concerns. 6.1.3.11 The Owner shall attempt to preserve seventy percent (70%) of all existing trees over 12 inches in diameter. 6.1.4 Prior to issuance of the first building permit for the Property, Owner shall record a deed restriction encumbering the Property, which deed restriction shall be as shown on Exhibit "B". The deed restriction shall be perpetual and may be amended or terminated only with the consent of the City and Association, which consent shall not be unreasonably withheld. It is the intent of the Owner and City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation be a third party beneficiary to this Agreement. 6.2 Obligations of the City 6.2.1 Concurrent with the approval of this Agreement, the Council shall promptly process amendments to the land use plan and zoning designation for the Property as set forth in Recital F above, all in accordance with the Code. 6.2.2 City will promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.3 The final effectiveness of the redesignations referenced in Section 6.2.1. is subject to: 6.2.3.1 The provisions of Chapter 125 and 163, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. SECTION 7. Public Facilities to Service Development The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation, the concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 4 7.2 Sewer service is currently provided by the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by Owner. SECTION 8. Required Local Government Permits The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency The City finds that development of the Property consistent with the terms of this Agreement is consistent with the City Comprehensive Plan. SECTION 10. Termination 10.1 If Owner's obligations set forth in this Agreement are not followed in a timely manner, as determined by the City Manager, after notice to Owner and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until Owner has fulfilled its obligations. Failure timely to fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to Owner and an opportunity for Owner to be heard. SECTION 11. Other Terms and Conditions 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by Owner; or 11.1.3 That the change is essential to the public health, safety or welfare. 5 SECTION 12. Compliance with Law The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve Owner from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to Owner: Spinecare Properties, LLC clo Jack McCurdy 2250 Drew Street Clearwater, FL 33765 With copy to: Steven M. Seibert The Seibert Law Firm 8048 Evening Star Lane Tallahassee, FL 32312 If to City: City Council of City of Clearwater clo City Manager 112 South Osceola Avenue P. O. Box 4748 Clearwater, FL 33756 If to Association: Ashland Heights Owners Assn., Inc. c/o Progressive Management 4151 Woodlands Parkway Palm Harbor, FL 34685 With copy to: E.D. Armstrong, III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. INTENTIONALLY OMITTED 6 SECTION 15. Minor Non-Compliance Owner will not be deemed to have failed to comply with the terms of this Agreement in the event such non-compliance, in the judgment of the City Manager, reasonably exercised, is a minor or inconsequential nature. SECTION 16. Covenant of Cooperation The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of AQreement Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the CITY. SECTION 19. Entire AQreement This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to Owner includes Owner's successors or assigns. This Agreement was the production of negotiations between representatives for the City and Owner and the language of the Agreement should be given its plain and ordinary meaning and should not be construed against any party hereto. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partiallnvaliditv If any term or provIsion of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and 7 effect. Notwithstanding the foregoing, if such responsibilities of any party thereto to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days notice to the other parties. SECTION 22. Code Amendments Subsequently adopted ordinances and codes of the CITY which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. GoverninQ Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. [End of Substantive Provisions, Signature Page to follow.] 8 WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS SPINECARE PROPERTIES, LLC By: President CITY OF CLEARWATER, FLORIDA By: Frank Hibbard, Mayor Attest: Cynthia E. Goudeau, City Clerk Approved as to Form: Pamela Akin, City Attorney The foregoing instrument was acknowledged before me this , 2005, by , as of SPINECARE PROPERTIES, LLC, a Florida limited liability company, on behalf of the company, who D is personally known to me or who D produced as identification. Notary Public Print Name: 9 STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2005, by Frank Hibbard, as Mayor of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: Exhibits: A Legal Description of Property B Concept Plan 108694.341027 10 EXHIBIT "A" LEGAL DESCRIPTION 11 NICKS PLACE 'I' ~~ n' ~.:.;: <l ~~ ;i ~~ ~Q (/) 8~ ~~ ('") .~ .~ '1~ )> ~~ S r- 5'" rrl .~ ~ ~n ~ ---' ~s 0" gij ~~ ~~ II "0 g~ 00 ~~ ~; 0 ~ o -..1 CONCEPT SITE PLAN Me MULLEN -BOOTH ~ \ ~ I:l '\ 8 ~ "'i FLORIDA SPINE Nonhslde 3280 McMULLEN BOOTH RD. CLEARWATER, FLORIDA NE5 COMM: 0458 601 CLfVElAND ST., STE. 930 Clea rvvater, Flond8 33755 Engineering Services, I nc, Pr!:(727)443-2869 Fe x:(727)446-8036 E-MAIL: NESTECH@MINOSPRING.COM I ,~~~ ~\Q\ ~ ~~v C\. ~ STEPHANIE R. BOLTON ROBERT E. HEYMAN M1CHELE LEO HINTSON JEANNE E. HOFFMANN JENA Y E. IURA TO ANDREW J. SALZMAN T.R. UNICE. JR." JOSEPH J VECCHlOU ALAN S. ZIMMET '# ZIMl\-'1ET, U~ICE, SALZMAN & HEYMAN, P.A. 257U CORAL LANDINGS BOULEVARD SUITE 201 PALM HAlUlOR, Fl.ORJDA 34684 Telephone: (727) 723-3772 Facsimile: (727) 723-1421 Spring Hill: (352) 683-5040 WEBSITE: www.zinunetunice.com MAILING ADDRESS: P.O BOX 15309 CLEARWATER. FL 33766 June 16,2005 *Board Certified in City, County and Local Government uBoard Certified Civil Trial Lawyer #Certified Circuit Court Mediator Via Email toPam.Akin(a).myclearwater.com Pam Akin, Esquire City Attorney City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 Re: Clearwater City Council Agenda [tern #9.4, regarding the Florida Spine Institute Dear Pam: This will confirm our telephone con versation of June 15,2005, in which you advised me that the applicant in the above-referenced matter has requested a continuance of this matter until the appeal that my clients, Douglas J. Weiland and Elizabeth C. Sima, filed with regard to the Community Development Board's approval of the applicant's flexible development application has been decided. It is also my understanding from our conversation, that City staff is recommending that the City Council continue this item at its meeting tonight. This shall advise you that my clients, who object to the application, are in support of the request for continuance. Based upon thc request for continuance, my clients and I will not appear at the City Council meeting tonight. Therefore, we would appreciate it if you would advise the City Council that my clients support the continuance and have not appeared at the hearing based upon my clients' understanding that the applicant has requested a continuance, City staff has recommended approval ofthe continuance and there have been no objections filed with the City to the continuance. I assume that we will be advised of the date when this application is rescheduled for consideration by the City Council. I appreciate your cooperation in this matter. Sincerely yours, / N C~ALZMAN & HEYMAN, P.A. ASZ:ev ce. Douglas Weiland 00072212.WPD City Council Cover Memorandum f-LD- 5 q.5 Tracking Number: 1,387 Actual Date: 06/16/2005 Subject / Recommendation: Approve the Annexation and initial City Future Land Use Plan designation of Commercial General (CG) and initial City Zoning Atlas designation of Commercial (C) for an unnamed right-of-way 16 feet in width and 300 feet in length on the north side of 3070 Gulf to Bay Boulevard (consisting of a parcel of land lying between lots 1-6 and lots 18-23, block 3, Bayview Terrace in Section 16, Township 29 South and Range 16 East); and Pass Ordinance #7397-05, 7398-05 and 7399-05 on first reading. Summary: The Community Development Board (CDB) reviewed and recommended approval of this application on February 15, 2005. However, at the second City Council reading on April 7, 2005 it was noted that the location was listed incorrectly as 170 feet west of U.S. Highway 19 North when the site is actually 170 feet west of McMullen Booth Road. This error was corrected. The subject site is an unnamed right-of-way 16 feet in width and 300 feet in length adjacent to the north edge of property located at 3070 Gulf to Bay Boulevard, at the northern terminus of Bay Street and approximately 170 feet west of McMullen Booth Road. This annexation is being processed to bring this unimproved right-of-way into the City boundaries. The owner of adjacent property to the south would like to request this street's vacation in order to incorporate it into the site which contains a 127-room hotel and a proposed 55-room hotel (case FLD2004-11081). The right-of-way is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to voluntary annexation. The subject site is approximately 0.11 acres in area and is unimproved. It is proposed that the property have a Future Land Use Plan designation of Commercial General (GC) and a zoning category of C, Commercial The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous toexisting municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. The Pinellas Planning Council (PPC) according to the provisions of Pinellas County Ordinance No. 00-63, Section 7 (1-3) has reviewed this annexation, and no objections have been raised. Please refer to the attached report (ANX2004-12020) for the complete staff analysis. The Community Development Board has reviewed this proposed annexation at its regularly scheduled meeting on May 17 f 2005 and unanimously recommended approval. Originating: Planning Section Quasi-judicial public hearings City Council Cover Memorandum Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 05/01/2005 Financial Information: Review Approval Gi na Clavton Cvndie Goudeau Michael Delk Garrv Brumback Leslie Douqall-Sides Bill Horne 05/15/2005 06-06-2005 12:30:02 06-10-2005 12:57:08 06-06-2005 13:19:59 06-07-2005 15:00:10 06-07-2005 10:13:26 06-07-2005 17:40:23 ORDINANCE NO. 7397-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18-23, BLOCK 3, BAYVIEW TERRACE, WHOSE POST OFFICE ADDRESS IS 3070 GULF-TO-BAY BOULEVARD, 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: See legal description attached hereto. (ANX2004-12020) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7397-05 ORDINANCE NO. 7398-05 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 CONSISTING OF AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18-23, BLOCK 3, BAYVIEW TERRACE, WHOSE POST OFFICE ADDRESS IS 3070 GULF-TO-BAY BOULEVARD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL 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 See legal description attached hereto. (ANX2004-12020) Land Use Cateqorv Commercial General 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. 7397-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7398-05 ORDINANCE NO. 7399-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY CONSISTING OF AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18- 23, BLOCK 3, BAYVIEW LOCATED 3070 GULF-TO-BAY BOULEVARD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C); 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 See legal description attached hereto. (ANX2004-12020) Zoninq District Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7397-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7399-05 CDB Meeting Date: Case Number: Applicant: Location: May 17,2005 ANX2003-12020 City of Clearwater Planning Department Unnamed right-of-way 16 feet in width and 300 feet in length located along the north side of 3070 Gulf to Bay Boulevard at the northern terminus of Bay Street approximately 170 feet west of McMullen Booth Road G-7 Agenda Item: CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT UPDATE: The Community Development Board (CDB) reviewed and recommended approval of this application on February 15,2005. However, at the second City Council reading on April 7, 2005 it was noted that the location was listed incorrectly as 170 feet west of U.s. Highway 19 North when the site is actually 170 feet west of McMullen Booth Road. This error has been corrected in the staff report and ordinances and the request has been re-advertised for COB and City Council review. This staff report has also been updated to reflect and be consistent with the City's new staff report format through the provision of recommended findings of fact and recommended conclusions of law. The content and substance of the application and staff report is otherwise unchanged. BACKGROUND INFORMATION: REQUEST: (a) Annexation of 0.11-acres of road right-of-way to the City of Clearwater; (b) Provide an initial Future Land Use Plan designation to the Commercial General (CG) Category (City); and (c) Provide an initial zoning designation to the Commercial (C) District (City). SITE INFORMATION R.O.W. SIZE: 4,800 square feet or 0.11 acres (300 feet wide by 16 feet deep) Staff Report - Community Development Board -May 17, 2005 - Case ANX2004-12020 - Page 1 PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Unimproved road right-of-way Incorporation of land into an existing and proposed overnight accommodation site Not applicable Commercial General (CG) Not applicable Commercial (C) North: Retention pond (County) South: Overnight accommodations East: Automotive Service Station West: Single-family residential ANAL YSIS: The subject site is the western half of an unnamed right-of-way located at the northern terminus of Bay Street, approximately 170 feet west of McMullen Booth Road. The right-of-way is 0.11 acres in area and abuts the north side of property located at 3070 Gulf to Bay Boulevard, which is currently occupied by a 127-room Fairfield Inn. The subject site is unimproved and does not provide access to any property. The developer of 3070 Gulf to Bay Boulevard is requesting that the City process this annexation so the unimproved right-of-way can be vacated and incorporated into this adajcent property. The developer plans to construct another hotel, consisting of 55 overnight accommodation units, on the Fairfield Inn site (FLD2004-11 081). The right-of-way is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Pine lias County requirements with regard to voluntary annexation. The Planning Department is requesting that an initial Future Land Use Plan designation of Commercial General (CG) and a consistent zoning designation of the Commercial (C) District be provided for the right-of-way. A. IMPACT ON CITY SERVICES: Recommended Findings of Fact The subject property is currently a public right-of-way and no construction is proposed to occur on this land. If vacated, this right-of-way will be incorporated into a commercial parcel which already receives city services. Staff Report - Community Development Board -May 17,2005 - Case ANX2004-12020 - Page 2 Recommended Conclusions of Law The annexation will not have an adverse effect on water, sanitary sewer, solid waste, police, fire and EMS service and their levels of service. B. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l] Recommended Findings of Fact The Pine lias County Comprehensive Plan and the Countywide Plan currently do not provide a designation for this right-of-way. Based on the property's location adjacent to an existing parcel designated as Commercial General (CG) on the Future Land Use Plan Map, the Planning Department is proposing to designate the property as Commercial General (CG). It is the purpose of this category to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. Non- residential uses including office, retail and transient accommodations are the primary uses in this plan category up to a maximum floor area ratio of 0.55 or a density of 40 overnight accommodation units per acre. The proposed use is consistent with the uses and density of this plan category. Further, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.] Recommended Findings of Fact The application for annexation involves an unimproved road right-of-way 16 feet in width and 300-feet in length. Based on the zoning of the surrounding area and the request of the adjacent commercial property owner to vacate the right-of-way and to incorporate it into an overnight accommodation project, it is proposed that the right-of-way be provided an initial Commercial (C) zoning designation. Recommended Conclusions of Law As the subject site is currently an unimproved road right-of-way, the minimum requirements of the C zoning district do not apply. D. Staff Report - Community Development Board -May 17,2005 - Case ANX2004-12020 - Page 3 CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact The site is currently an unimproved right-of-way and is adjacent to land designated as CO on the Countywide Plan. Due to the pending request to incorporate this right-of-way into a property planned for hotel development, it is proposed that the property have a future land use plan designation of CO. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. E. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with City boundaries to the south and east and represents a logical and appropriate extension of the existing boundaries. The compact standard required that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pine lias County Ordinance No. 00-63. F. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation does not need City of Clearwater services, even though all services, including sanitary sewer, solid waste, police, fire and emergency medical services could serve the property without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County law regarding municipal annexation. The Planning Department recommends the following actions on the request based on the following recommended findings of fact and recommended conclusions of law: Staff Report - Community Development Board -May 17, 2005 - Case ANX2004-12020 - Page 4 I (a) Recommend APPROVAL of the annexation of 0.11-acres of unnamed right-of-way into the City of Clearwater; (b) Recommend APPROVAL of the initial Future Land Use Plan designation of Commercial General (CO) pursuant to the City's Comprehensive Plan; and (c) Recommend APPROVAL of the initial zoning designation to the Commercial (C) zoning district pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Mark T. Parry, Consulting Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Surrounding Uses Map Site Photographs s: \Planning Department\C f) B\Annexalions',ANX - 200.f\ANX200.f-12020 R-Q-W adjacent to 3070 Gulf to Bay"ANX20O.f-12020 staff report 05-17-05.doc Staff Report - Community Development Board -May 17,2005 - Case ANX2004-12020 - Page 5 r~ U/~'lJ DR DREW ~ ~ ~ 0 z ~ ~ ~ i ~ ~ COUR1NE.'l' 0 ~ Location Map Applicant: City of Clearwater Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the north side of 3070 Gulf to Bay Boulevard R-O-W Size (Acres): 0.11 From: Land Use N/ A (County) Zoning N/ A (County) PIN: 16-29-16-00000-230-0200 To: CG City C City Atlas Page: 292A Aerial Map Applicant: City of Clearwater Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the north side of 3070 Gulf to Bay Boulevard R-O-W Size (Acres): 0.11 From: Land Use N/ A (County) Zoning N/ A (County) PIN: 16-29-16-00000-230-0200 To: CG City C City Atlas Page: 292A I 1,0 1 In J U 130 10 9 II ~_ I ~ '" iil II I LJ- 3 4 I- I 225 __, I I 10 I 9,~" aL j , r I 1 _...! 227 .... " c: 307 ~ -, '-L. g ...,J 309 I I I ~ I I J I ,I a:: ~ '5 6 S :-'\ :log I I ~ a 0 L__J --, 7 Q 10 -, ~ lr~ 0 ~ '" :e 11._J '" ~ 0 iil 0 '" 323 '" CAROLINA AVE. " 407 0 '" i- e' L} .... -I CI) >- 7 ",11 10 9 I q: J 71 6 '" (\.j-.:t <0 CO l_ ea g g'" "'''' ". ,- o 00 iil L_ '" "'''' Applicant: City of Clearwater , , _J 111~ .1S~ I Q a:: i: ~--, r--' : 213,' ~2051 I , 0 I - I 211~ 0 I ' I 300 ,1207,1 L I ea J , I 1 I, L~1 ~ '-__J ...,J 5 :e (.) :e 1--' LJ 3311, r--' , 343 I I I I I r I I \ I r I I' 341\ 1 33t, \ r .....__J "__, 1---1 1- g ~ 1 I~I '" I ''''' -I J 23 22 21 20 --, 23 o ~ o '" '" '" o '" GULF- TO-BA Y BL VD r- Annexation Map Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the north side of 3070 Gulf to Bay Boulevard From: To: Land Use N/ A (County) CG City R-O-W Size (Acres): 0.11 Zoning N/ A (County) PIN: 16-29-16-00000-230-0200 C City A tlas Page: 292A <: 307 -l 309 ~ Q: --1\ fo9 q: -l I 3:: 0 L__J Q 10 23 Lti r-.. I I :!:: '323 CAROLINA AVE. IJ ~ I I l__J 407 CG 1- 0 c' L) I- -I CI) >- I q: '" N iL 8 7 11 10 9 8 71 6 ..... ., '" CXl ~ ., I " <0., l_ '" I ~ N NN " ,- <") J -, g gg ~ c- I i 1,0 10 9 -, _U ~ -~, ", I L,...J 23 22 21 20 GULF- TO-BA Y BL VD '" <") ~ RlOS r- - ---, Future Land Use Map Applicant: City of Clearwater Case: Q Q: i: o o CXl ~ -l S ~ :!:: r--' r:!205l I - I " ,1207,1 I I, L__J .r---, : 213,' I , : 21b L I I' , L_~5 1--' LJ 33g, r--' I I 1 343 I r' I ? I I ~ I r I I 341' 1 33~ \ I ....__J ,-__I ,- ~ I ;;; 1 -I ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the R-O-W Size 0.11 north side of 3070 Gulf to Bay Boulevard (Acres): Land Use Zoning PIN: 16-29-16-00000-230-0200 From: N/ A (County) N/ A (County) To: CG City C City Atlas Page: 292A 110 --=- --~ L ....^, ,^........ 'V 8 10 9 8 7 6 TtmJ ~/ , P' ,) -, ,...."'> 1 If' I I J U 130 ~_' ~ /'\."\ ........., "'jt ~ / < v 'J:l \1' \ V\ iY~~ " 1 Il^ ! t"'" -~, !.F' Ji."\J ~ C 1 -12i ~ o I., ~ 201 r-J ~ ~ 1 2 3 4 5 ..,J 1 2 3 4 5 6 7 ~-S"~ _Jl 5 I- I k=:., 1 ~0iJ 1 1~ 1 ~ 225 __ I I I 10 I 9( 81_ j , ,-' ::e 6 23 22 21 20 19 18 17 la~ .1.5..:- 1 - - ---; , , I _--1 227 ----' ~ ,r---I r--' : 213,' i: r:!2051 I r ;:; ~ ~~9u~h , ~ I I - : 211~ e; ...., 0 I ' '-I. g ..,J I 300 ,'207 r' L I l"i I 0 ' , : I I :::c: 1 I, l_~~ I r' J It CrI 1___1 - '5 6 q: :-"1"\ log 3 4 5 7 8 9 ~ -.I 1 I ~ UJ - 3:: ..,J 8 0 L~_J ~~I \ 5 ---, 7 Q 10 9 8 L.7 6 23 22 (j- 19 18 -r-::::-,' ::e ~ ~ (~ /~ L.. -l- -----1 0 ., <0 '" ::e ~ ::e I\._J "' " liS 323 g g 11 1--' ---- ... - 0- ,J ~ -V jiPl [-343 1 I l__J , 33P~1~ ~~ N 407 I I \ '" -- f--- ....__J ....__1 "' i- r' 0 5 6 1 2 ~-; 5 ... CI) t;J - >- ~C 0 I q: '" C '" L 8 7 ",11 10 9 J 71 6 .... CrI g ., I I ~ C'\I~ lOCO L_ r- '" ~ g'" "'''' " "' ~ I 1 _ '" -,g gg g :::-- "' -- - I "' 1",1 I ---- J - - GULF- TO-SA Y SL VD ~ ~ .-..08 --run j 2' \\..:-~. OSR ~ f',~ -; ~ \\ - r r- ,r Zoning Map Applicant: City of Clearwater Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the R-O-W Size 0.11 north side of 3070 Gulf to Bay Boulevard (Acres): Land Use Zoning PIN: 16-29-16-00000-230-0200 From: N/A (County) N/A (County) To: CG (City) C (City) Atlas Page: 292A 8 1,0 10 9 Ii ~_ J ~ "" ~ 6 1 Ip J U 130 "---1 ,--, : 213,' r';>05" I , ul~-f~m!~/~ si~~tia(~5 Overn~t AccoDtmPdation 1--' t:' 33~, r-i43 I I 1 ' ulti-fam[ily ; ~tl I 341, eSiuen tial c "- g N '" c "" e 1- ~ 1 "" 1 ~I GULF- TO-BA Y BL VD Park ~ /7 g r- -I Existing Surrounding Uses Map Applicant: City of Clearwater Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the R-O-W Size 0.11 north side of 3070 Gulf to Bay Boulevard (Acres): Land Use Zoning PIN: 16-29-16-00000-230-0200 From: N/ A (County) N/A (County) To: CG City C City Atlas Page: 292A ~ Q) ;; ~ . = > ~ - = Q ~ >- = ~ Q ...... ~ - = C-' = t"--= =M ~= ~M Q~ ..=1 ......~ .= Q= =M ~~ ..=Z ......< Q ...... >- = ~ ~ Q 1 ...... -= ell .... . ~ ~ e = = = ~ .... '" <IS Q) Q) -E o .... ~ Q) ;; FN I , I. \ City Council Cover Memorandum ~~ u.~ Tracking Number: 1,374 Actual Date: 06/16/2005 Subject / Recommendation: Declare vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. Summary: Tampa Machinery Auction is the Pinelias County Purchasing Cooperative Auctioneer of Record. See attached list. Originating: Finance Section Consent Agenda Cateqorv: Other Public Hearing: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? Surplus sale revenue Current Year Cost: $0.00 Appropriation Code(s) 0010-00000-365902-000-000 Amount Comments Revenue to be determined at the time of sale. Review Approval Georae McKibben 05-23-2005 13:44:49 Garrv Brumback 06-03-2005 10:37:51 Maraie Simmons 05-23-2005 13:57:49 Bill Horne 06-03-2005 11 :07:27 ~.~ u.~ Cyndie Goudeau City Council _=w","""""m~"gen(t!""", <;ov~"~"""M,,~,!:!I_orC!,,,,!:!,~,~ m"",,,,,,,,,,,,,,,,,,,,,__,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,==,,,,,,,_,,,,,,,,,,,,,,,"",,",,",,',,''',,'''=_ 06-03-2005 11:12:54 Surplus for June 16 Council Meeting I I I REASON FOR ITEM # Asset# I YEAR DESCRIPTION SERIAL NUMBER I MILEAGE I SURPLUS I DISPOSAL 1 GOO03 1992 CROWN VICTORIA POLICE CAR 2FACP72W3NX214501 91556 AGE & CONDITION 2 G0385 1992 GMC 3500HD MAINTAINER 1 GDKC34NXNJ525524 53910 AGE & CONDITION 3 G0702 1994 FORD RANGER PICK UP TRUCK 1 FTCR 1 OU6RT A63739 83415 AGE & CONDITION 4 G1183 1992 Ford L T9000 Truck Tractor 1 FDYU90L9NVA34952 119203 Transmission Problem 5 G1207 1990 Vermeer 1250 Brush Chipper 1VRC14132L 1001918 N/A AGE & CONDITION 6 G1357 1994 FORD RANGER PICK UP TRUCK 1 FTCR 1 OU7RT A63734 73421 AGE & CONDITION 7 G1371 1994 GMC 1/2 TON PICK UP TRUCK 1 GTDC14ZXRZ569017 80948 AGE & CONDITION 8 G1473 1995 CROWN VICTORIA POLICE CAR 2FALP71WXSX152267 93787 AGE & CONDITION 9 G1537 1995 CHEV SUBURBAN 3/4 2WD 3GNGC26K 1 SG1 06599 92298 AGE & CONDITION 10 G1554 1996 DODGE DAKOTA PICK UP TRUCK 1B7FL26X3TS604944 87388 AGE & CONDITION 11 G1645 1996 CROWN VICTORIA POLICE CAR 2FALP71W7TX160327 104225 AGE & CONDITION 12 G1739 1997 CROWN VICTORIA POLICE CAR 2FALP71W9VX120415 101387 AGE & CONDITION 13 G1793 1997 FORD RANGER PICK UP TRUCK 1 FTCR10U5VTA42374 101776 AGE & CONDITION 14 G1933 1998 CROWN VICTORIA POLICE CAR 2FAFP71W2WX137538 91040 AGE & CONDITION 15 G2007 1998 FORD E150 CARGO VAN 1 FTRE1420WHB98812 91556 AGE & CONDITION 16 G2069 1999 CROWN VICTORIA POLICE CAR 2FAFP71W6XX172567 96170 AGE & CONDITION 17 G2089 1999 CROWN VICTORIA POLICE CAR 2FAFP71WOXX172550 112415 AGE & CONDITION 18 G2231 2000 FORD EXPLORER 4X4 PD BEACH 1 FMZU71 E8YUB54163 47560 RUSTED/ AGE &CONDITION 19 G2233 2000 CROWN VICTORIA POLICE CAR 2FAFP71W6YX164325 111495 AGE & CONDITION 20 G2252 2000 Kawasaki Mule 2500 Utility Veh JK1AFCC13YB509521 N/A Bad Transmission 21 G2350 2000 CUSHMAN GROOMASTER 3564 N/A Engine worn out 22 G2406 2001 CHEVY BLAZER 4X4 PD BEACH 1 GNDT13WX1 K237509 46475 RUSTED/ AGE &CONDITION 23 G2407 2001 CHEVY BLAZER 4X4 PD BEACH 1GNDT13W91K236531 48422 RUSTED/ AGE &CONDITION 24 G2408 2001 CHEVY BLAZER 4X4 PD BEACH 1 GNDT13W81 K238691 49879 RUSTED/ AGE &CONDITION 25 G2409 2001 CHEVY BLAZER 4X4 PD BEACH 1 GNDT13W01 K239933 31132 RUSTED/ AGE &CONDITION 26 Pallet Lot with Delta toolbox filled with red and blue emergency lights Obsolete 27 Pallet Lot with 4 plastic rear seats for 2001 Chevrolet Blazers Obsolete 28 Pallet Lot with 4 Setina Partitions from 2001 Chevrolet Blazers Obsolete 29 Pallet Lot with 6 center consoles from 2005 Ford Explorers Removed for interior space 30 Tractor Dozer Blade with Sweeper Attachment Obsolete 31 Pallet Lot of Federal Vector Emergency Light Bars Obsolete 32 Walker- 2 ton Long Frame Floor Jack Obsolete/Un repairable City Council _=".""~~"!LcoY~,~",,,~~moran~~.,!!!.,"_, -F1\J-3 Il.J "';"-~-;""'"'",''''''","''';=",-*''~-===*''~*'-==,.,.,''''".,,'',"'"""""""",,,- Tracking Number: 1,389 Actual Date: 06/16/2005 Subject / Recommendation: Approve payment for repair of Public Services vehicle and payment for a rental aerial lift vehicle with the total of both not to exceed $42,500. Summary: On May 26, 2005, Public Services Forestry aerial lift vehicle was being used to trim trees on Island Way. A commercial box truck struck the aerial lift causing damage. Repair costs to the aerial lift and rental of aerial lift vehicle will not exceed $42,500. The City's Risk Management Division and the City's Claims Committee recommends this payment. In accordance with Clearwater Code of Ordinance section 2.527, claims in excess of $25,000 must be approved by the City Council. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Risk Management is pursuing commercial box truck's insurance company for reimbursement. Originating: Finance Section Consent Agenda Category: Other Financial Information: Type: Other Bid Required? No Bid Exceptions: Emergency In Current Year Budget? Yes For Fiscal Year: 10/01/2004 to 09/30/2005 Total Cost: $42,500.00 Not to Exceed: $42,500.00 ~~ u~ City Council ......._.~.!:t~a c~.~~..~..,.,~mora n~"~,!!!.,,..._.. Appropriation Code(s) 0590-070000-545900-519-00 Amount $42,500.00 Comments Central Insurance Fund Review Approval Maraie Simmons Garrv Brumback Tina Wilson Bill Horne Cyndie Goudeau 06-08-2005 17:31 :05 06-09-2005 15:15:12 06-09-2005 08: 10:01 06-09-2005 17: 14: 11 06-10-2005 10: 13:30 City Council Cover Memorandum Tracking Number: 1,371 Actual Date: 06/16/2005 Subject / Recommendation: Approve the final plat for "PARK PLACE TOWN HOMES" located at 605 Poinsettia Avenue being approximately 300 feet north of the intersection of Bay Esplanade and Poinsettia Avenue Summary: This is a replat lots 11 and 12 of a replat of Blocks 80 and 81, Unit 5 Mandalay. The property is within the city limits of Clearwater consisting of 0.26 acres more or less. The final plat will create 8 town home lots. The proposed project was approved by the Development Review Committee on June 10, 2004 and the Community Development Board on January 18, 2005 The property is zoned as Tourism A copy of the plat is available for review in the City Clerk's office Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Aooroval Glen Bahnick 05-23-2005 09:30:25 Garrv Brumback 06-03-2005 10:39: 10 Michael Ouillen 05-23-2005 11 :40: 18 Bill Horne 06-03-2005 11 :06: 19 Cyndie Goudeau 06-03-2005 11:12:06 E-NL; I i l ,3 -, Location Map o ill G-~ ~<f:.~\tJ g ,?:>O 0::: 5 III IRIS iuD~ ASTER D ACACIA ST I SOMERSET I I CAMBRIA I I IDLEWILD I I GLENDALE I I HEILWOOD I I AVALON I I KENDALL I I BAY D ROCKAWAY ~'" ST ROYAL D~ Juanita ~ D~ ESPLANADE ST S.K. 258A PROJECT SITE s PARK PLACE TOWNHOMES 605 POINSETTIA AVE. T.M. 05- 29s-15e N.T.S. OS/20/05 Item 11.3 (CC Mtg 06-16-05) Re: Unscanned item Refer to Report & Studies Box Plat: 605 Poinsettia Ave. Park Place Townhomes ~~ u~ City Council ,,_""_~~g,~"!!,da c~,,~~""~""""""""~,"~,.!!IC!!and um Trackina Number: 1,372 Actual Date: 06/16/2005 Subject / Recommendation: Approve the final plat for "FOUR SEASONS TOWNHOMES" located at 110 Lady Mary Drive being approximately 500 feet north of the intersection of Cleveland Street and Lady Mary Drive. Summary: This is a replat of part of lot 14, and all of lots 15 and 16 block 2 Brookwood Terrace Revised. The property is within the city limits of Clearwater consisting of 0.31 acres more or less. The final plat will create 4 town home lots. The proposed project was approved by Development Review Committee on March 31, 2005 and by the Community development Board on May 17, 2005. The property is zoned as Medium High density Residential (MHDR). A copy of the plat is available for review in the City Clerk's office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 05-23-2005 09: 14:59 Garrv Brumback 06-03-2005 10:39:52 Michael Quillen 05-23-2005 11:43:25 Bill Horne 06-03-2005 11:05:44 Cyndie Goudeau 06-03-2005 11:10:48 eN t1 L 1\.0\ Location Map w ~ Z ...J a u z :J w ~ > <( W In RD I-- I-- a u en w 0::: a.. ~ ~D~D~n ,OD: FOREST a.. RD 0 ~ DgD~DCIR ~ w ::! <( ::s 0::: J::::iE J: j CRESTVIEW ST ~ I I I c===J DREW iD~~ID: ~ ~DID: : 6 ~DST 8~...J~D~ I J~I I c=J c~rLA8ND ~DST >VS~D'" l l I I PARK ST fa ~ ffi PARK ~ ST I J n ~ a: ~D ~ 0\ ~ I I PIERCE l) ~ D ST W 0:::'1;> PIERCE ST {t\ = U 6'0 Z I ~K(/, <(::s ~ ST V n~n~ F~N~ ST IRANKLlN1ct,,:~ ST I CIR Q:J: I DELEON I ~~ SANTA ROSA '" I SAN JUAN I I CT ~ COURT ST S.R. 651 wi II ~ W ~ >- 0::: <( :::iE GU ROGERS ST (l ROGERS ST s City of Clearwater Public Works Administration I Engineering FOUR SEASONS TOWNHOMES 100 LADY MARY DRIVE Drawn By: S.K. Reviewed By: T.M. Scale: N. T.S. Grid # 2878 S - T - R 15-29s-15e Date: OS/20/05 N w4t. i-- I Item 11.4 (CC Mtg 06-16-05) Re: Unscanned item Refer to Report & Studies Box Plat: 11 0 Lady Mary Drive Four Seasons Townhomes ENq 3 Il.S ~~ l.l~ City Council _mm..m.....~Benc!!.~.~ver ~.e~~!!.~.c!.!!.~..,. Tracking Number: 1,373 Actual Date: 06/16/2005 Subject / Recommendation: Approve the final plat for "MONTCLAIR COVE" 1822 Montclair Road approximately 300 feet Northeast of the intersection of Keene Road and Montclair Road Summary: This is a replat of a lots 4 - 12 and part of lot 13, Water Edge Townhomes The property is within the city limits of Clearwater consisting of 1.5 acres more or less. The final plat will create 5 Townhome lots. The proposed project was approved by Development Review Committee September 9, 2004 The property is zoned as Medium Density Residential (MDR) with a small portion as Preservation Area. A copy of the plat is available for review in the City Clerk's office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 05-23-2005 09: 15:49 Garrv Brumback 06-03-2005 10:38:28 Michael Ouillen 05-23-2005 11 :41 :45 Bill Horne 06-03-2005 11 :06:54 Cvndie Goudeau 06-03-2005 11:11:30 Location Map ~ [ u UNION STREET w z w w ~ ELM PL c:: o SETON c:: o GREAT BRIKHILL ~I <( ..J o Z w c:: c:o MONICA PROJECT SITE FRANCIS DAWN <( 0 z ::::i <( ::E 0 ..J RADC c:: c: 0 0 "0 c: CI) 16 (3 ~ c:: <( c:o ASHTON DR STARLIGHT DRIVE lJ) .:.! m ....J ~Diii .!!! .g i:: .... Cll Cll lJ) - _ en U SUNRISE >- ~ en C.R. 576 SUNSET I s City of Clearwater Public Works Administration I Engineering MONTCLAIR COVE 1822 MONTCLAIR ROAD Drawn By: S.K. Reviewed By: T.M. Scale: N. T.S. Grid # 253A S-T-R 01-29s-15e Date: OS/20/05 LL o ~ O~ rwater N w4f. Item 11.5 (CC Mtg 06-16-05) Re: Unscanned item Refer to Report & Studies Box Plat: 1822 Montclair Rd Montclair Cove i-U CJv~ I t) ,6 ~~ u~ City Council """ Ag~!1daJ~w~)ler ~emorandl!!!l_""'mm""_"'" Tracking Number: 1,383 Actual Date: 06/16/2005 Subject / Recommendation: Review revised Vision Statement and Elements, and provide direction regarding Proposed Locations and Schedule for Community Visioning Meetings. Summary: On March 2, March 18, and April 8, the City Council held a series of meetings to revise the city's 20-year vision statement and associated vision priorities. Eleven priorities were identified, with two additional priorities (Communication, Economic Vitality and Reinvestment) added following the series of meetings. The revised vision statement and priorities are attached for City Council review. The Council agreed that the next step in the process would be a series of public meetings to gain community input and direction on the proposed changes. City Manager Intern Erin Keefe, Public Communications and Neighborhood Services have compiled a list of proposed locations for the community meetings, based on proximity to neighborhoods, geographic and logical boundaries: - Clearwater Beach Recreation Center - North Greenwood Recreation Center - Main Library - Ross Norton Recreation Center - Long Center - Morningside Recreation Center - Wood Valley Boys & Girls Club - Countryside Recreation Center Because of existing time considerations (Citizens Academy, Council Meetings) it is recommended that these meetings take place every Tuesday beginning in September, with a goal of compiling results and presenting a final vision document by the end of calendar year 2005. Originating: City Manager Section Consent Agenda Category: Other Financial Information: Type: Other Review Approval Garrv Brumback 06-03-2005 11 :04:55 Cvndie Goudeau 06-06-2005 10:52:42 Bill Horne 06-06-2005 10:44:39 The Vision Statement The original Vision statement: Sparkling Clearwater is a uniquely beautiful, economically vibrant community that re-invests in itself and is a wonderful place to live, learn, work and play. The Revised Vision Statement: "Sparkling Clearwater is a uniquely beautiful and vibrant community that is socially and economically diverse, that reinvests in itself, and is a wonderful place to live, learn, work and play." The Elements of the Vision Safe, Clean, Green Environment This element is summarized in the first three words: safe, clean, green. Clearwater is a safe place to live, with low crime and neighborhoods where people feel safe. There is access to good emergency medical services, police and fire protection. It is a clean, attractive city, without litter in the streets or graffiti on walls. Buildings and grounds are well maintained, streets are well lit; and store windows are bright and attractive. Clearwater is a well-landscaped city with tree-lined streets, neighborhood parks and nature preserves. It is also a "green" city that is environmentally friendly, with recycling programs and other efforts to reduce waste and enhance efficiency. Diverse High-Paying Jobs Clearwater fosters an environment that helps to create prosperity for residents and businesses. The city strives for an economic balance that does not rely on a single industry or a single company for economic success. This includes creating opportunities for a diversity of skilled trades and professions, encompassing all levels of experience. Clearwater strives to attract and retain "clean industries" that pay above-median salaries, particularly in creative industries. There are opportunities for well-trained young people and creative professionals throughout the community. High Quality Education In Clearwater, each child can reach his or her full educational potential. The City has established partnerships with the County School Board, St. Petersburg College and local vocational schools to insure that there are opportunities for all citizens, young and old, to learn, grow and develop both personally and academically. Students are part of the fabric of Clearwater, infusing energy in to the community, particularly in and around downtown. Variety of Cultural and Recreational Offerings Clearwater offers a wide variety of leisure-time activities for its residents. These include numerous parks and active recreation facilities, and the broad range of activity that a waterside location affords. The city seeks out partnerships that enhance local culture, offer a broad range of performing arts, and encourage public art projects. Facilities like Ruth Eckerd Hall, Francis Wilson Playhouse and Coachman Park serve as performing arts destinations for the community and for the region. Efficient, Responsive City Services Clearwater strives to provide a broad range of city services with a focus on customer service, effectiveness and efficiency. In the face of increasing costs, city departments seek out the most efficient practices and appropriate partnerships to maintain or increase service levels to meet the expectations of our citizens, businesses and neighborhoods. Safe, Comfortable, Walkable Neighborhoods Clearwater is built upon a strong and diverse network of neighborhoods catering to residents of all ages and income levels. These neighborhoods are safe places to walk, ride bikes, or to roller blade. They are ADA-compliant with wide, well-maintained sidewalks. Streets are tree-lined and shaded, and often connect the neighborhoods to retail centers, neighborhood services or parks and recreation facilities. Well Maintained Housing Stock in All Markets Clearwater has a wide variety of residential options, suitable for people in all walks of life, all different types of households, and all income brackets. Housing here is well designed, well built and well maintained, and part of integral neighborhoods. A Vibrant Downtown that's Mindful of its Heritage Downtown Clearwater is the center of our City. It links current-day Clearwater to its heritage, and blends all types of uses and buildings into a cohesive and active district that blends residential uses with offices, retail shops, restaurants, nightlife, civic spaces and other institutions. The key elements of downtown are its streets, which provide an active, vibrant, pedestrian-friendly environment. New construction creates a sense of place and complements existing historic structures, helping to create a great place where people of all ages come to live, work, play, or simply spend time. Well-Maintained Infrastructure Clearwater functions efficiently, in part because of our infrastructure, which is both effective and non-obtrusive. Streets are well-lit, clean and work well for both pedestrians and vehicles. Water resources are carefully managed and readily available, including reclaimed water. Stormwater and flooding are effectively managed. State-of-the-art electronic and digital resources connect Clearwater to the world, and WiFi and fiber optic networks are increasingly available throughout the community, particularly in the downtown core. Efficient Transportation Systems Clearwater recognizes the need for quality alternative transportation options that relieve the traffic and pollution caused by private automobiles. The city partners with PST A to help provide effective mass transit within city limits, and works to make local neighborhoods ideal environments for pedestrians and bicyclists. A network of trails help to link the city from east to west and north to south. A Quality Beach Environment Clearwater Beach is a special place within the city. It is a resource for residents, and one of the premier tourist destinations in Florida. Easily accessible by a variety of means, it is clean and safe, and includes a wide variety of activities oriented towards people of all ages and interests. It includes a balanced blend of full-time residents and short-term visitors, with a wide variety of restaurants, shops and other leisure time activities. Communication Clearwater is committed to open, ongoing dialogue between residents, businesses, non- profit groups and government to help address challenges and guide its future. The city facilitates communication between and among residents and neighborhood groups, and provides accurate and timely information that helps the community make informed decisions on matters that affect their lives. Economic Vitality and Reinvestment Clearwater fosters an environment that is attractive to new businesses, and supports locally owned enterprises. It is proactive in identifying areas of economic need and in providing the public investments that help drive private development in these areas. Clearwater recognizes that a vital community is only as healthy as its individual neighborhoods, and that targeted revitalization efforts help to maintain a healthy community. CJvll City Council Cover Memorandum ll,7 Tracking Number: 1,377 Actual Date: 06/16/2005 Subject / Recommendation: Approve the Interlocal Agreement with Pinellas County to extend the Local Option Gas Tax for an additional ten (10) years for the period of September 1, 2007 through August 31, 2017. Summary: Purpose: The Local Option Gas Tax is used for local transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks by local governments. Projects such as the Drew Street widening and Traffic Calming are partially funded out of the Gas Tax revenue. History: Pinellas County originally adopted a four cent per gallon gas tax to be effective from September 1, 1985, through August 31, 1995. Effective September 1, 1987, Pinellas County raised the four cent tax to six cents and extended the collection period from September 1, 1995, through August 31, 1997. The County then extended the six cent gas tax for an additional period of ten years, from September 1, 1997, through August 31, 2007. New Interlocal Agreement: The existing six cent Local Option Gas Tax Agreement will sunset August 31, 2007. The Pinellas County Board of County Commissioners is recommending extension of the agreement for an additional ten (10) years through 2017. In this new agreement the municipal share has been increased from 25% to 40%. Therefore Clearwater's portion has increased from 4.17% to 6.72% of municipal share. Originating: City Manager Section Consent Agenda Category: Agreements/Contracts - without cost Financial Information: Review Approval Garrv Brumback 06-06-2005 11 :23:33 Bill Horne 06-06-2005 11 :30:08 Pam Akin 06-06-2005 10:11:08 Cyndie Goudeau 06-06-2005 12:56:23 ~., eM-J I (<f' Jl. 7 Pinellas~. (ounty~ OFFICE OF THE COUNTY ADMINISTRATOR MEMORANDUM TO: ~ble Ma~rs and City Managers of Pinellas County FROM: Stephen M. Spratt, County Administrator SUBJECT: Existing Local Option Gas Tax Renewal DISTR: The Honorable Chairman and Members of the Board of County Commissioners Susan H. Churutl, County Attorney DATE: May 6, 2005 As previously discussed at our City Manager Consortium Meetings, the existing six (6) cent LOGT is scheduled to sunset August 31, 2007. I think that we all agree that this revenue source is important to addressing our transportation needs. The Board of County Commissioners has indicated that it will favorably consider a recommendation extending the authorization for an additional ten (10) years through 2017. To this end, attached please find an Interlocal Agreement drafted by the County Attorney's Office. This Agreement is similar to that which is currently in place. The primary difference is that the County share of the total has been reduced from 75% to 60%. Pursuant to the discussion at the April MPO meeting, the municipal share (40%) has been allocated to the individual cities based upon 2004 population statistics published by the Bureau of Economic and Business Research (BEBR), see Appendix A. After your Council has approved the Agreement, please contact Mark Woodard at 464-3485. We will coordinate the collection of the executed document with your Clerk or other appropriate staff. Please endeavor to have the Agreement approved by July 1, 2005. Thank you in advance for your cooperation in this matter. Attachment INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into as of the ----'--- day of , 2005, by and between Pinellas County, a political subdivision of the State of Florida (the "County") and the municipalities that are parties hereto within Pinellas County representing a majority of the population of the incorporated area of Pinellas County, as listed on the signature pages hereto (the "Municipalities"). WITNESSETH: WHEREAS, this Agreement is authorized by Section 336.025, Florida Statutes, and other applicable law; and WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the imposition ofa local option fuel tax of up to six cents ($0.06) upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes; and WHEREAS, that section also provides that this tax may be extended or the distribution changed in the manner set forth herein; and WHEREAS, on June 18, 1985, the County levied and imposed a four cent ($0.04) per gallon local option fuel tax by Ordinance No. 85-14, effective from September I, 1985 through and including August 31, 1995; thereafter, the County increased the local option fuel tax rate from four cents ($0.04) to six cents ($0.06) for the period from September 1, 1987 through August 31, 1995, and additionally imposed the six cents ($0.06) local option fuel tax from September 1, 1995 until August 31, 1997 by Ordinance No. 87-46; and extended the six cents ($0.06) local option fuel tax for a period of ten (10) years from September 1, 1997 until August 31, 2007 by Ordinance No, 93-64 (the six cents levy hereinafter sometimes referred to as the "First Local Option Fuel Tax"). Pngc 1 of 11 WHEREAS, in accordance with these ordinances, the County and Municipalities representing a majority of the population of the incorporated areas of Pinellas County previously entered into interlocal agreements dated June 18, 1985, May 19, 1987 and July 1, 1991, which determined the method and distribution of the First Local Option Fuel Tax ("Prior Interlocals"); and WHEREAS, there exists a need within Pinellas County for additional funds to be used for transportation expenditures authorized by Section 336.025, Florida Statutes; and WHEREAS, the County and the Municipalities are desirous of insuring a stable and sufficient revenue flow from the local option fuel tax proceeds both in terms of the amount and the period of the levy, in order to have such monies available for the payment of transportation expenditures incurred by the County and the Municipalities as permitted by applicable Florida law; and WHEREAS, the purpose and intent of this InterIocal Agreement is to establish a current plan for the continued administration and expenditure of the proceeds of the First Local Option Fuel Tax, as well as a new distribution formula by redetermining the division of the proceeds from the First Local Option Fuel Tax among the County and the Municipalities, conditioned upon the further extension of the First Local Option Fuel Tax. NOW, THEREFORE, in consideration of the premises and of the mutual benefit, and in consideration of the covenants and agreements set forth herein, the County and the Municipalities agree as follows: Page 2 of 11 SECTION 1. PRIOR PLEDGE OF LOCAL OPTION GAS TAX PROCEEDS UNAFFECTED HEREBY. Nothing in this Interlocal Agreement shall under any circumstances materially or adversely affect the rights of holders of any bonds or other such debt which have been pledged as security for the First Local Option Fuel Tax, and the covenants regarding such pledge and the pledge itself shall not be affected hereby. Furthermore, the amounts distributed hereunder shall not be reduced by virtue of or due to the terms of this Interlocal Agreement below the amount pledged for the payment of principal, interest, and reserves as required under the covenants of any bond resolution or indenture outstanding on the date of establishment of this lnterlocal Agreement. SECTION 2. DISTRIBUTION. The First Local Option Fuel Tax imposed by the County upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, shall be distributed by the State Department of Revenue directly to the County, for placement in the Local Option Fuel Tax Trust Fund Account for subsequent allocation and disbursement to the Municipalities and the County in accordance with the distribution formula attached hereto as Appendix "A" and incorporated by reference herein. SECTION 3. UTILIZATIONS OF FUEL TAXES. The County and the Municipalities agree that the moneys received from the First Local Option Fuel Tax, or the proceeds of any revenue bonds secured thereby, shall only be utilized for transportation expenditures as defined by Section 336.025(7), Florida Statutes, needed to meet the requirements of the capital improvements element of an adopted comprehensive plan, or for expenditures needed to meet immediate local transportation problems and for other transportation-related Pagd ofll I expenditures that are critical for building comprehensive roadway networks by local governments. SECTION 4. PRIOR INTERLOCALS SUPERSEDED. Commencing on the Effective Date of this Interlocal Agreement as defined in Section 9, the County and the Municipalities agree that the County shall administer the allocation of estimated cash receipts and shall distribute the proceeds of the First Local Option Fuel Tax to the Municipalities and the County in accordance with the distribution formula in Appendix A. The distribution terms of this Interlocal Agreement shall supersede the distribution formulas contained in the Prior Interlocals, and the distribution of the First Local Option Fuel Tax proceeds shall be governed specifically by the terms of this Interloca1 Agreement as of the Effective Date. During the period between when this Interlocal Agreement is approved by the parties hereto and the Effective Date, the First Local Option Fuel Tax shall be distributed in accordance with the Interlocal Agreement dated July 1, 1991. The parties hereby agree that all distributions which have been undertaken prior to the date hereof are proper and acceptable and the parties hereby waive any right to dispute any amounts previously distributed. SECTION 5. ABILITY TO PLEDGE. The parties respective portions of the First Local Option Fuel Tax may be pledged by the County or the Municipalities to secure revenue bonds or other obligations for the purposes set forth in Section 336.025, Florida Statutes, and as set forth in this Agreement. The County and the Municipalities may also develop, implement and administer any other program or financial arrangement in accordance with applicable law and this Interloca1 Agreement which provides for payment with their respective share ofthe First Local Option Fuel Tax. Page 4 of II SECTION 6. NEW MUNICIPALITIES. Any municipality which may become newly incorporated in the County after the effective date hereof and which is eligible for participation in the distribution of the proceeds of the First Local Option Fuel Tax under Parts II and VI of Chapter 218 may become a party hereto, but only in accordance with Section 336.025(4)(b), Florida Statutes. SECTION 7. AMENDMENT. This Agreement may be amended in writing upon the express formal consent of the governing bodies of all the parties. SECTION 8. EFFECTIVE DATE. This Agreement shall be effective for the purposes stated herein on September 1, 2007, and except as otherwise provided herein, shall expire on August 31, 2017. SECTION 9. TERMINATION IF NO LEVY. This Agreement shall automatically terminate in the event that the County does not adopt an ordinance extending the First Local Option Fuel Tax pursuant to Section .336.025, Florida Statutes, on or before January 1, 2007. SECTION 10. PERIODIC REVIEW. The County and Municipalities shall review the distribution formula for the First Local Option Fuel Tax. at least every ten (10) years during the term hereof, including any extensions of this lnterlocal Agreement. SECTION 11. FILING INTERLOCAL AGREEMENT. Upon the execution hereof by the duly authorized representatives of the parties, this lnterlocal Agreement shall be filed with the Clerk of the Circuit Court for recording in the public records of Pin ell as County, Florida, as required by Section 163.01 (11), Florida Statutes. <SIGNATURE PAGE FOLLOWS> Pngc S oft) IN WITNESS WHEREOF, the parties hereto have caused this lnterlocal Agreement to be executed as of the day and year first above written. ATTEST KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA by and through its Board of County Commissioners By: By: Deputy Clerk John Morroni, Chairman [SEAL] ATTEST: TOWN OF BELLEAIR By: By: Town Clerk Mayor [SEAL] ATTEST: CITY OF BELLEAIR BEACH By: By: City Clerk Mayor [SEAL] ATTEST: CITY OF BELLEAIR BLUFFS By: By: City Clerk Mayor [SEAL] ATTEST: TOWN OF BELLEAIR SHORE By: By: Town Clerk Mayor [SEAL] Page 6 of'll ATTEST: By: ATTEST: By: ATTEST: By: ATTEST: By: ATTEST: By: City Clerk [SEAL] ATTEST: By: City Clerk [SEAL] City Clerk [SEAL] City Clerk [SEAL] Town Clerk [SEAL] City Clerk [SEAL] Page 7 of ( I CITY OF CLEARWATER By: Mayor CITY OF DUNEDIN By: Mayor CITY OF GULFPORT By: Mayor CITY OF INDIAN ROCKS BEACH By: Mayor TOWN OF INDIAN SHORES By: Mayor CITY OF KENNETH CITY By: Mayor ATTEST: By: ATTEST: By: City Clerk [SEAL] City Clerk [SEAL] ATTEST: By: Town Clerk [SEAL] ATTEST: By: City Clerk [SEAL] ATTEST: By: City Clerk [SEAL] ATTEST: By: Town Clerk [SEAL] Page 8 of 11 CITY OF LARGO By: Mayor CITY OF MADEIRA BEACH By: Mayor TOWN OF N. REDINGTON BEACH By: Mayor CITY OF OLDSMAR By: Mayor CITY OF PINELLAS PARK By: Mayor TOWN OF REDINGTON BEACH By: Mayor ATTEST: By: ATTEST: By: ATTEST: By: ATTEST: By: Town Clerk [SEAL] City Clerk [SEAL] ATTEST: By: City Clerk [SEAL] ATTEST: By: City Clerk [SEAL] City Clerk [SEAL] City Clerk [SEAL] Poge 9 oflJ ------1 TOWN OF REDINGTON SHORES By: Mayor CITY OF SAFETY HARBOR By: Mayor CITY OF SEMINOLE By: Mayor CITY OF ST. PETE BEACH By: Mayor CITY OF ST. PETERSBURG By: Mayor CITY OF SOUTH PASADENA By: Mayor ATTEST: By: ATTEST: By: City Clerk [SEAL] City Clerk [SEAL] Page 10 of 11 CITY OF TARPON SPRINGS By: Mayor CITY OF TREASURE ISLAND By: Mayor APPENDIX A TO INTERLOCAL AGREEMENT DATED AS OF .2005 The Municipalities shall be entitled to receive forty percent (40%) of the First Local Option Gas Tax proceeds received by the County from the Department of Revenue and the County shall be entitled to retain sixty percent (60%) of the Local Option Gas Tax proceeds. The Municipalities shall individually be entitled to receive the following respective portions of such forty percent (40%): Municipality Percentage of'Local Option Gas Tax to be Received Effective September 1. 2007 Belleair Belleair Beach Belleair Bluffs Betleair Shore Clearwater Dunedin Gulfport Indian Rocks Beach Indian Shores Kenneth City Largo Madeira Beach North Redington Beach Oldsmar Pinellas Park Redington Beach Redington Shores Safety Harbor St Petersburg St Pete Beach Seminole South Pasadena Tarpon Springs Treasure Island Total 0.25% 0.10% 0.14% 0.00% 6.72% 2.26% 0.78% 0.32% 0.11% 0.27% 4.38% 0.28% 0.09% 0.83% 2.85% 0..10% 0.14% 1.08% 15.41% 0.61% 1.08% 0.36% 1.39% 0.46% 40..00% F:\USERS\A TTY\A TYKB07\ WPDOCS\2005\Agreements\lnterlocnl Agmts\GllS Tax 4-26-05. drl .doc Page II ofll Page 1 of2 Agenda Cover Memorandum 11..8 City Council Preferred Date: I07~~1~~()()? Item 10: 1381 Submitted: !0?-:31..2005 Actual Date: L ;j Latest Possible Date: I07....21~2005 is ~ Subject I Recommendation: Approve adding 3 full time positions, a Survey Chief and two Survey Assitants, increasing the FY2005 PWAIEngineering operating budget by $18,200 to fund personnel, operating and debt service costs, increasing the General Fund revenue budget by $20,000 for capitalized construction survey revenue and establishing a Capital Improvement Program (CIP) project to purchase survey equipment and a vehicle to be financed under the City's Lease Purchase Agreement and that the appropriate officials be authorized to execute same. - Summary: In an effort to provide additional funds for CIP construction projects, the Public Works Administration (PWA) Engineering Department has determined that project cost savings can be realized by establishing an additional survey crew. Recent PWA Engineer of Record (EOR) work orders have shown that most land surveying tasks and duties can be performed more economically by City staff surveyors than by EOR surveying I engineering firms. Inasmuch as consultant survey crews cost from $1,200 to $1,500 per day, it is estimated that cost savings of approximately 40% can be achieved on many projects through the use of a City survey crews. The addition of this crew will cost approximately $121,000 annually including all city benefits. The initial equipment cost is approximately $50,000, which includes a Chevrolet Suburban vehicle and various precise land surveying instruments and equipment. The estimated operating cost breakdown for 2005 and 2006: Personnel 2005 $12,600 2006 Uniforms, cell phones, supplies $ 820 Misc equipment & tools $ 1,500 $750-$5,000 Mach & Equip $ 1,000 Internal Service Charges $ 280 $ 2,200 Lip debt service $ 2,000 $ 15,100 Total $18,200 $120,980 Several upcoming CIP projects over the next six (6) years have projected consultant- surveying costs of over $500,000 each year.The most recent Water & Sewer and Stormwater Utility rate studies have projected approximately $95,664,000 of CIP construction projects in the next three (3) years with estimated EOR survey costs of $2,070,000. It is conservatively estimated that this survey work can be performed by City forces at a rate of 60% of outsourced EOR surveyors, resulting in up to $828,000 savings. Revenue to the General Fund for survey services for Public Works Administration projects is estimated at $20,000 for FY2005, from $270,000 $101,900 $ 1,780 Originating Department: I Engineering Category: I Agreements/Contracts - with cost Ji Section: I Consent Agenda Number of Hard Copies attached: (0 Public Hearing: 11 n Review Approval: (Signature indicates approval.) 1 IGiaITYE3rurnb21ck 06-09-2005 1516 IJosephRoseto 06-14-2005 0825 0 06-08-2005 09 2201 Goudeau 06-14-2005 09 2d .::1 - Additional Summary Space to $370,000 for FY2006, $380,000 to $480,000 for FY2007 and from $290,000 to $390,000 for FY2008. FY2005 third quarter amendments will establish the General Fund revenue budget for Capitalization of Labor - Survey (0010-00000-369411) at $20,000 and the Lip budget for the Survey Vehicle & Total Station project, 0315-94837 at $50,000, and increase PWA/Engineering (0010-01313) operating budget by $18,200. Type: I Operating Expenditure Bid Required?: I if In Current Year Budget?:!NO - Budget Adjustment Comments: Isee Surrmary Sectlon. 11 .,.....--, :d ~ Budget Adjustment: I Yes ~ .:.J Annual Operating Cost: 1$121,9800OQ Current Year Cost: l~18,~OQoOO For Fiscal Year: 110-01-2004 to 109-30-2005 Total Cost: Not to Exceed: Appropriations Code -Review Approval: IMlcrO\ael C1Ulllen 05~31~2005 15:58:3 (Bryan Ruff 06-08-2005 09.22.0r ,......",.-..-........".....'......-.'.....,.,..-.................-...,.....,',........"...----.--............ Amount Appropriations Comment Brumback 06-09-2005 15 I IJosepol Roseto.06-i4~2Qg5 08:25:9 I Goudeau 06-14-2005 I ~~ o~ Purchasing Memorandum City Commission 06/16/2005 Agenda Number: 3661 PuR - \ JI,q 1 Agenda Item No: 11.1 Type: Purchase Quantity: Requesting Dept: Parks and Recreation Using Dept: Parks and Recreation Bid Number or Code Exception: Pinellas County Coop Bid #045-316-B VendorInfo: Smith Fence, Clearwater, Florida Description: Smith Fence - Annual contract for the purchase offence materials and installation for various projects located throughout the City during the period June 17,2005 through June 30, 2006, at a cost not to exceed $200,000. Comments: This is an annual contract for both new requirements and replacement as needed. Piggyback from Pinellas County Purchasing Cooperative bid that was awarded by Pinellas County. Amount: $ 200,000.00 Appropriation Code(s): 0315-93262-563500-572-000 Comments: Project code bUD! Id. J ~~ u~ City Council Cover Memorandum Tracking Number: 1,370 Actual Date: 06/16/2005 Subject / Recommendation: Pass on first reading Ordinances 7464-05 and 7465-05, amending the City's fiscal year 2004/05 Operating and Capital Improvement Budgets at mid-year. Summary: The fiscal year 2004/05 operating and capital improvement budgets were adopted in September 2004 by Ordinances 7338-04 and 7339-04. Section 2.521 of the City's Code of Ordinances requires that the City Manager prepare a quarterly report detailing income and expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all active capital improvement projects. The attached memorandum outlines the major issues detailed in the accompanying report. Originating: Budget Office Section Other items on City Manager Reports Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? Not applicable. Ordinances amend budgets and do not purchase goods or services. In Current Year Budqet? Yes Budget Adjustment: Yes Budget Adjustment Comments: Amend budgets based on actual experinces at mid-year with Council approval. Review Approval ~~ C,I~ City Council Cover Memorandum Tina Wilson 06-02-2005 13: 18: 24 Garrv Brumback 06-06-2005 10:34:28 Pam Akin 06-06-2005 07:53:25 Bill Horne 06-06-2005 11:31:21 Cyndie Goudeau 06-06-2005 12:57:31 Mid Year Budget Review Fiscal 2004-05 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Home, City Manager COPIES: Garry Brumback, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: May31,2005 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2004 through March, 2005) 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$1,980,690. The major reasons for the overall General Fund expenditure increase include the appropriation of prior year retained earnings as follows: $1,085,180 for the Fire Department for IAFF contract initiatives, retirement and severance payouts; $428,820 for the shutters for the police headquarters; $46,260 for legal assistance with contract negotiations, $114,980 to fund positions of architect, two fire inspectors, and a construction inspector in Planning and Development Services, and $11,390 for the purchase of emergency generators. In addition, the Police and Fire Departments, Parks and Recreation, and Public Works administration all reflect proposed budget increases totaling $339,010 for expenditures directly related to hurricanes Jeanne, Frances, and Charley that were funded in the current budget year. All of these expenditures are offset by a revenue reimbursement from FEMA. All of the above amendments have been previously approved by the Council, with the exception of the Fire retirement and severance payouts, and the budget increases due to the hurricanes. 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 2004 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $11.1 million, or 10.8% of the current year's General Fund budget, exceeding our reserve policy by almost $2.4 million. Mid Year Budget Review Fiscal 2004-05 City Manager's Transmittal Significant amendments to other City Operating Funds are noted follows. Stormwater Fund Stormwater amendments include the accrual of $376,780 if needed to fund the legal settlement with Pinellas County School Board, which is offset with the allocation of Stormwater Retained earnings. This accrual had been accounted for in the recent rate study. In additional, expenditure amendments include approximately $135,000 for contractual services for the stormwater portion on maintenance costs for lake and pond projects. Both ofthese amendments were accounted for in the recent rate study. Gas Fund Budget amendments to the Gas Fund total $4.8 million due to the increase cost of fuel, and the increase is offset by a budget amendment recognizing increased gas sales. Solid Waste Fund Amendments to Solid Waste Fund expenditures total $380,830, and primarily reflect budget increases to personnel, garage services, and dump fees as a direct result of the hurricane season. The amendments are offset by a reimbursement from FEMA as well as an increase in other collection revenue. Recvclinl! Fund Recycling amendments reflect a $92,640 increase primarily due to increased recycling activity and higher than anticipated fuel prices. This increase is offset by a revenue increase in the sale of recyclables. In addition, grant revenue from Pinellas County is recognized in the amount of $58,690 to fund a Special Program project on a reimbursable basis to support and expand the recycling program and recycling education efforts. Marine & Aviation Fund Mid year amendments reflect higher than anticipated expenditures, primarily for gas and oil costs in the amount of $200,000. These cost increases are offset by a like increase in sales revenues from fuel sales. Parkin!! Fund Parking Fund amendments at mid year reflect an increase of $220,000 to recognize the cost of collection processing from Pinellas County and a transfer of $125,000 to the General Fund representing anticipated parking fine revenues in excess of enforcement/collection expenditures. The budget increase is offset by increases in parking fine revenues. In addition, the Parking Fund recognizes the return of $1.4 million from the capital improvement fund with the closing of the Pelican Walk Parking Garage project. General Services Fund The General Services Fund budget recognizes an increase of $28,180 for costs directly tied to the operations of the "projects crew" providing services to specific projects. These costs are offset by a like revenue provided for the cost of services. In addition, the Fund recognizes the reimbursement of more than $13,000 of revenue from FEMA representing the reimbursement for hurricane expenditures last fall. Garal!e Fund The Garage Fund budget recognizes an increase of $120,000 for the purchase of fuel and parts that have. exceeded anticipated budgeted costs. The increase in fuel and parts is offset by revenues passing back these costs to the user departments. Mid Year Budget Review Fiscal 2004-05 City Manager's Transmittal Central Insurance Fund Budget amendments in the Central Insurance Fund reflect the return of the $1.1 million transferred earlier in the year to the Special Program Fund to provide funding for storm related damage and repair. The City has been reimbursed from FEMA for expenditures related to last summer's hurricane season, and these funds can now be returned to the Central Insurance Fund. Capital Improvement Fund The amendments to the Capital Improvement Fund total a net budget increase of $1,736,856. The majority of this increase is directly impacted by several projects previously approved by the Council including $1.9 million allocated to the Joe DiMaggio land purchase, $428,818 for hurricane shutters for the Police Headquarters, $400,000 for landscape projects at Courtney Campbell Causeway and Drew and US 19. In addition, $1.4 million is returned to the Parking Fund from the PelicanWalk Parking Garage project, which will be closed. The report reflects one new project not previously approved by the Council. The report establishes a project for the "Document & Agenda Management Replacement" at a budget of $180,363 to replace the current agenda management system. The project is funded entirely by savings in the Official Records and Legislative Services operating budget and project savings in other capital improvement projects. A second proposed project increase not previously approved by the Council reflects a budget increase of $318,280 in 2006 bond revenues in the Sanitary Sewer R&R project which brings this project in line with the rate study analysis recently presented to the Council. A list of capital improvement project budget increases that have been previously approved by the City Council is included on page 21 of this report. Special Prol!ram Fund The Special Program Fund reflects a net budget increase of $2,700,448 recognizing over $1.7 million in FEMA reimbursements for emergency expenditures tied to last year's hurricane season, $115,500 in grant proceeds from the Juvenile Welfare Board, $535,000 in Special Events funding, and more than $129,000 from police fines and court proceeds to support public safety programs. CITY OF CLEARWATER MID YEAR SUMMARY 2004/05 FY 04/05 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance % Adjustment Budget General Fund: Revenues 102,495,450 103,522,170 61,515,689 62,931,482 1,415,793 2% 1,980,690 105,502,860 Expenditures 102,495,450 103,522,170 56,768,630 55,676,237 1,092,393 2% 1,980,690 105,502,860 Utilitv Funds: Water & Sewer Fund Revenues 52,116,110 52,145,630 22,489,576 22,799,362 309,786 1% 21,540 52,167,170 Expenditures 52,116,110 52,145,630 30,034,716 28,648,169 1,386,547 5% 0 52,145,630 Stormwater Fund Revenues 10,274,910 10,315,810 5,212,464 5,576,210 363,746 7% 476,240 10,792,050 Expenditures 9,384,600 10,156,420 5,848,070 6,280,744 -432,674 -7% 512,020 10,668,440 Gas Fund Revenues 33,519,890 36,902,280 18,212,581 20,010,383 1,797,802 10% 4,955,980 41,858,260 Expenditures 33,383,160 33,720,830 19,498,131 20,599,173 -1,101,042 -6% 4,815,380 38,536,210 Solid Waste Fund Revenues 16,685,300 20,251,800 8,403,146 8,528,790 125,644 1% 369,540 20,621,340 Expenditures 16,251,190 19,893,860 12,111,430 11,944,179 167,251 1% 380,830 20,274,690 Recvclinq Fund Revenues 2,429,200 2,514,200 1,299,604 1,416,055 116,451 9% 142,690 2,656,890 Expenditures 2,335,940 2,411,140 1,312,616 1,320,869 -8,253 -1% 151,330 2,562,470 Enterprise Funds: Marine & Aviation Fund Revenues 3,485,190 3,499,950 1,542,604 1,849,333 306,729 20% 200,000 3,699,950 Expenditures 3,413,500 3,428,260 1 ,852,124 1,932,136 -80,012 -4% 200,000 3,628,260 Parkina Fund Revenues 4,902,720 4,902,720 2,016,156 2,072,911 56,755 3% 1,720,880 6,623,600 Expenditures 4,208,720 4,208,720 2,185,809 2,152,786 33,023 2% 345,000 4,553,720 Harborview Center Revenues 2,216,370 2,216,370 1,313,740 1,129,564 -184,176 -14% 0 2,216,370 Expenditures 2,216,370 2,216,370 1,158,196 915,506 242,690 21% 0 2,216,370 Internal Service Funds: General Services Fund Revenues 3,491,960 3,619,900 1,773,922 1,804,567 30,645 2% 41,370 3,661,270 Expenditures 3,491,960 3,591,960 1,885,362 1,867,884 17,478 1% 28,180 3,620,140 Administrative Services Revenues 8,626,270 8,637,610 4,324,482 4,175,783 -148,699 -3% 0 8,637,610 Expenditures 8,570,380 8,581,720 4,534,835 4,056,044 478,791 11% 0 8,581,720 Garaae Fund Revenues 9,475,360 9,986,370 4,790,020 4,710,388 -79,632 -2% 120,000 10,106,370 Expenditures 9,475,360 9,986,370 5,311,946 5,664,769 -352,823 -7% 120,000 10,106,370 Central Insurance Fund Revenues 18,507,870 21,607,870 9,422,534 8,755,416 -667,118 -7% 1,100,000 22,707,870 Expenditures 17,541,250 20,641,250 11,882,730 11,488,727 394,003 3% 0 20,641,250 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2004-05 REPORT PAGE # General Fund Operating Budget.......................................................................................................................... ........... 3 Utility Fund Operating Budget........................................................................................................................ ............... 9 Other Enterprise Funds Operating Budgets ..................................................................... ........................................... 14 Internal Service Funds Operating Budgets..............................................,'....................................................................17 Capital Improvement Program Budget......................................................................................................................... 21 Special Program Fund Budget....................................................... ...............................................................................35 Special Development Funds ............... ............................................ .............................. ................................................ 45 Administrative Change Orders................................................................................................................................ .....48 Ordinances......................................................................................................................... ........................................... 50 Mid Year 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 I, 2004 through March 31, 2005. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2005. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 16, 2004. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Mid Year Actual Self-explanatory. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year proj ection. Adjustments Adjustments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 1 Capital Improvement Projects The amended 2004/05 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: Deftnitions: Budget The budget as of October 1, 2004, 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 Mid Year 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. 2 City of Clearwater General Fund Expenditures Mid Year Amendments FY 2004/05 Increase/ (Decrease) Description Development & Neiahborhood Services 72,980 The budget amendment reflects an increase to fund partial year expenditures to add 2.0 fire inspectors at an estimated cost of $41 ,380 as approved by the Council on 5/5/2005 and an increase of $31 ,600 to add one building construction inspector as approved by the Council 5/19/2005. The net budget amendment of $72,980 to be funded by General Fund retained earnings. Fire 1,179,900 The budget amendment reflects an increase of $94,720 for expenditures related to hurricanes Jeanne, Frances and Charley. This is funded by reimbursements from FEMA and the state. In addition, there is an increase of $121,550 for retirement and severance payouts, and an increase of $963,630 for personal services expenditures above budgeted amounts due to the IAFF contract approved by the City Council May 19, 2005. Both of these increases are being funded by General Fund retained earnings. Human Resources 46,260 The budget amendment reflects an increase from unappropriated retained earnings of $46,260 to continue consulting for union negotiations approved 5/19/2005. This represents the balance of funding budgeted in the previous fiscal year for this purpose, but not used. Official Records & Leaislative Services The budget amendment reflects the transfer of $96,000 of operating savings to establish Capital Improvement project 315-94836, Document & Agenda Management System Replacement. These funds were budgeted for the canceled March election. Parks & Recreation 15,570 The budget amendment reflects an increase of $60,520 for expenditures related to hurricane Jeanne, which is offset by revenue reimbursements from FEMA and the state. Also amendments reflect decreases of $25,850 due to delaying the opening of Ross Norton from January to May, and other program savings identified to offset the loss of revenue from UPARC in the amount of $19,100. The net budget increase is $15,570. 6 Plannina City of Clearwater General Fund Expenditures Mid Year Amendments FY 2004/05 Increase/ (Decrease) Description The budget amendment reflects an increase of $42,000 for the addition of a registered architect, funded by unappropriated retained earnings of the General Fund 42,000 and approved by the Council on 3/3/2005. Police The budget amendment reflects an increase of $149,260 for overtime related to hurricane Jeanne. This 149,260 is funded by reimbursements from FEMA and the state. Public Works Administration The budget amendment reflects an increase of $34,510 for expenditures related to hurricane Jeanne. This is 34,510 funded by reimbursements from FEMA and the state. Non-Departmental Net General Fund Expenditure Amendment 440,210 Transfers to (from) other funds Transfer unappropriated retained earnings to Capital Improvement project 315-91148, Police Hurricane Shutters, to establish a project to protect the Police headquarters building, as approved by the Council on 428,820 3/17/2005. Transfer unappropriated retained earnings to Capital Improvement project 315-94617, Fire Stations & MSB 11,390 Generators, as approved by the Council on 4/21/2005. 1,980,690 7 GENERAL FUND MID YEAR REVIEW For Six Month Period of October 1, 2004- March 31, 2005 2004105 2004/05 1 Qtr Amended Mid.Year Mid.Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERAL FUND General Fund Revenues Property Taxes 38,852,560 34,100,000 35,265,161 1,165,161 3% 38,852,560 Franchise Fees 7,335,000 2,963,751 3,204,440 240,689 8% 739,230 8,074,230 Utility Taxes 10,654,730 4,439,158 4,354,136 (85,022) -2% (258,300) 10,396,430 Licenses, Permits & Fees 3,544,500 1,407,246 1,666,996 259,750 18% 300,000 3,844,500 Intergovernmental Sales Tax 6,288,410 2,221,136 2,535,769 314,633 14% 6,288,410 Communications Services Tax 6,825,000 2,275,000 2,368,939 93,939 4% 6,825,000 Other Intergovernmental 9,347,440 4,219,132 4,482,053 262,921 6% 9,347,440 Charges for Services 3,744,170 1,856,720 1,264,591 (592,129) -32% (56,950) 3,687,220 Fines & Forfeitures 1,611,120 805,560 365,621 (439,939) -55% (600,000) 1,011,120 Interest Income 429,000 214,500 360,157 145,657 68% 429,000 Miscellaneous Revenues 547,980 235,920 256,334 20,414 9% 547,980 Operating Revenues 89,179,910 54,738,123 56,124,197 1,386,074 3% 123,980 89,303,890 Transfers In 13,724,510 6,777,566 6,807,285 29,719 0% 499,230 14,223,740 Transfer (to) from Surplus 617,750 0 nla 1,357,480 1,975,230 Total Revenues 103,522,170 61,515,689 62,931,482 1,415,793 2% 1,980,690 105,502,860 General Fund Expenditures City Council 291,470 148,774 122,935 25,839 17% 291,470 City Manager's Office 832,920 484,953 442,805 42,148 9% 832,920 City Attorney's Office 1,450,910 732,714 646,855 85,859 12% 1,450,910 City Auditor's Office 138,470 72,700 72,329 371 1% 138,470 Development & Neighborhood Svcs 3,585,750 1,871 ,294 1 ,828,079 43,215 2% 72,980 3,658,730 Economic Development & Housing 1,500,230 751,157 752,854 (1,697) 0% 1,500,230 Equity Services 412,200 262,368 246,945 15,423 6% 412,200 Finance 2,041,390 1,057,381 1,041,985 15,396 1% 2,041,390 Fire 18,102,610 10,500,265 10,716,502 (216,237) -2% 1,179,900 19,282,510 Human Resources 1 ,182,500 606,244 584,438 21,806 4% 46,260 1,228,760 Library 5,874,060 3,329,295 3,202,339 126,956 4% 5,874,060 Marine & Aviation 448,580 236,361 217,800 18,561 8% 448,580 Non-Departmental 5,106,650 3,770,836 3,732,212 38,624 1% 440,210 5,546,860 Office of Management & Budget 310,150 163,127 162,146 982 1% 310,150 Official Records & Legislative Svcs 1,178,440 605,257 520,744 84,513 14% 1 ,178,440 Parks & Recreation 18,153,010 9,631,891 9,024,299 607,592 6% 15,570 18,168,580 Planning 1,244,650 642,148 570,933 71,215 11% 42,000 1,286,650 Police 31,426,980 16,519,397 16,507,007 12,390 0% 149,260 31,576,240 Public Communications 911 ,480 465,754 499,833 (34,079) -7% 911,480 Public Works Administration 9,329,720 4,916,714 4,783,200 133,514 3% 34,510 9,364,230 Total Expenditures 103,522,170 56,768,630 55,676,237 1,092,393 2% 1,980,690 105,502,860 8 Water & Sewer Fund Revenues: Expenditures: Increase/ (Decrease) 21,540 City of Clearwater Utility Funds Mid Year Amendments FY 2004/05 Description At mid year. anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $21.540 for FY 2004/05. o Water and sewer revenues reflect the reimbursement from FEMA and the state for hurricane expenditures for Charley, Frances and Jeanne. Water and Sewer fund expenditure amendments reflect the transfer of one position from Water Distribution to Reclaimed Water operations. The net budget impact is $0. Stormwater Fund Revenues: Expenditures: 476,240 512,020 At mid year. anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $123.610 for FY 2004/05. Revenue amendments reflect the use of $376.780 of retained earnings to fund the accrual of the legal settlement due to the Pinellas County School Board, and an increase of $99,460 representing reimbursement from FEMA and the state for hurricanes Charley, Frances and Jeanne expenditures. The net budget increase is $476,240. Mid year expenditure amendments reflect increases in Stormwater Management for $135,240 of contractual services for the stormwater portion of maintenance costs for various lake and pond projects. These were included in the 04 rate study but omitted from the 2005 operating budget pending cost sharing analysis with Parks & Recreation. In addition, amendments provide $376,780 to fund the accrual of the legal settlement due to the Pinellas County School Board, which is offset with the allocation of Stormwater retained earnings. The net budget increase is $512,020. 9 Gas Fund Revenues: Expenditures: Increase/ (Decrease) 4,955,980 4,815,380 City of Clearwater Utility Funds Mid Year Amendments FY 2004/05 Description At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $3.322.050 for FY 2004/05. Revenue amendments in the Gas Fund reflect increases of $4,830,400 in gas sales revenue which will offset increased fuel costs, $108,000 in taxes due to fuel prices, $7,580 representing reimbursement from FEMA and the state for hurricanes Charley and Frances expenditures, and $10,000 of small increases and decreases for a net revenue increase of $4,955,980. Expenditure amendments reflect increases of $4,827,060 in the Administration and Supply program primarily for increases in fuel prices, and $28,790 in South Area Operations due to the transfer of salaries and benefits from North Area Gas Operations along with increased garage expenditures. Decreases include $22,100 in Marketing & Sales due primarily to reduced promotional activity, and $18,370 in North Area Gas Operations due to the transfer of services to South Area Operations. The total net increase is $4,815,380 at mid year. Solid Waste Fund Revenues: Expenditures: 369,540 380,830 At mid year. anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $346,650 for FY 2004/05. Solid Waste revenues reflect $302,540 for reimbursement from FEMA and the state of hurricane expenditures for Charley, Frances and Jeanne. Other increases include $60,000 for collection charges for additional commercial pickups of regular dumpsters and roll-off service, $10,000 in anticipated interest income and $12,000 for other small revenue increases. Revenues from late payment fees and sale of scrap metal fell short of projections and reflect a decrease of $15,000, for a net budget increase of $369,540. The expenditure amendments reflect budget increases related primarily to hurricane debris removal. Increases include $74,280 for personnel costs, $200,000 of increased dump fees and $73,290 of increased garage services which include fuel. The balance is increased personal services for hurricane debris removal and additional commercial pick-ups and includes $18,800 to cover the lump sum cost of a retiring employee. The net budget increase is $380,830, and will be funded from current year operating revenues and the hurricane reimbursements. 10 r- Recvclina Fund Revenues: Expenditures Increase/ (Decrease) 142,690 151,330 City of Clearwater Utility Funds Mid Year Amendments FY 2004/05 Description At mid year. anticipated revenues of the Recvclina Fund exceed anticipated expenditures bv $94.420 for FY 2004/05. The mid year revenue amendments to the Recycling Fund reflect increases of $80,000 in the sale of recyclables due to higher than projected market prices for commodities, $58,690 for a grant from Pinellas County, and $5,000 in anticipated interest income. These are reduced by a $1,000 decrease in projected late payment fees, for a net budget increase of $142,690. The expenditure amendments include increases of $20,220 for garage services due to high fuel prices, and $60,300 for the cost of inventory purchases for resale due to greater quantities and higher market prices for recyclable commodities purchased from adjacent communities, $4,290 to repair the baler's belt, and $7,830 of miscellaneous small expenses. In addition, there is an increase of $58,690 for a transfer to the Special Program Fund to establish a project titled Pinellas County Recycling Grant (181- 99982) to support and expand recycling and recycling education. The Recycling Fund will be reimbursed for project expenditures by Pinellas County. The net expenditure amendment for the Recycling Fund reflects a total increase of $151 ,330 that is completely offset by current year operating and grant revenues. 11 UTILITY FUNDS MID YEAR REVIEW For the Six Month Period of October 1, 2004 to March 31, 2005 2004/05 2004105 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 43,756,690 20,968,996 21,918,202 949,206 0 43,756,690 Non-Operating Revenue 2,866,160 1,433,082 679,305 (753,777) (1) 21,540 2,887,700 Contributions 175,000 87,498 201,855 114,357 1 175,000 Transfers In nla Use of Fund Equity 5,347,780 nla 5,347,780 Total Revenues 52,145,630 22,489,576 22,799,362 309,786 1% 21,540 52,167,170 Water & Sewer Fund Expenditures Public Utilities Administration 782,350 396,158 332,274 63,884 16% 782,350 Wastewater Collection 9,618,600 7,396,042 7,362,486 33,556 0% 9,618,600 WPC/Plant Operations 10,722,860 5,597,091 5,475,946 121,145 2% 10,722,860 WPC/Laboratory Operations 1 ,408,400 715,517 637,314 78,203 11% 1,408,400 WPC/lndustrial Pretreatment 571,390 294,778 264,661 30,117 10% 571,390 Water Distribution 8,707,820 5,445,402 5,255,161 190,241 3% (31,590) 8,676,230 Water Supply 9,769,570 4,894,620 4,056,665 837,955 17% 9,769,570 Reclaimed Water 794,290 409,932 378,490 31,442 8% 31,590 825,880 Non-Departmental 9,770,350 4,885,176 4,885,172 4 0% 9,770,350 Total Expenditures 52,145,630 30,034,716 28,648,169 1,386,547 5% 0 52,145,630 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 10,026,910 5,013,462 5,085,713 72,251 0 10,026,910 Other Revenue 248,000 124,002 415,497 291 ,495 2 99,460 347,460 Transfers In 75,000 75,000 Use of Fund Equity 40,900 nla 376,780 417,680 Total Revenues 10,315,810 5,212,464 5,576,210 363,746 7% 476,240 10,792,050 Stormwater Utility Expenditures Stormwater Management 4,025,250 2,070,571 2,452,172 (381,601 ) -18% 512,020 4,537,270 Stormwater Maintenance 6,131,170 3,777,499 3,828,572 (51,073) -1% 6,131,170 Total Expenditures 10,156,420 5,848,070 6,280,744 (432,674) .7% 512,020 10,668,440 GAS FUND Gas Fund Revenue Operating Revenues 34,592,530 17,767,687 19,598,950 1,831,263 10% 4,938,400 39,530,930 Non-Operating Revenues 494,770 247,392 283,011 35,619 14% 17,580 512,350 Transfers In nla Capitalized Labor 395,000 197,502 128,422 (69,080) -35% 395,000 Use of Fund Equity 1,419,980 nla 1,419,980 Total Revenues 36,902,280 18,212,581 20,010,383 1,797,802 10% 4,955,980 41,858,260 Gas Fund Expenditures Administration & Supply 20,784,270 10,644,221 11,933,476 (1,289,255) -12% 4,827,060 25,611,330 South Area Gas Operations 6,298,470 4,568,787 4,519,560 49,227 1% 28,790 6,327,260 North Area Gas Operations 3,984,910 2,877,885 2,815,206 62,679 2% (18,370) 3,966,540 Marketing & Sales 2,653,180 1 ,407,238 1,330,931 76,307 5% (22,100) 2,631,080 Total Expenditures 33,720,830 19,498,131 20,599,173 (1,101,042) -6% 4,815,380 38,536,210 12 UTILITY FUNDS MID YEAR REVIEW For the Six Month Period of October 1, 2004 to March 31, 2005 2004105 2004105 1 Qtr Amended Mid-Year Mid.Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenues 16,177,000 8,116,000 8,209,684 93,684 1% 48,000 16,225,000 Non-Operating Revenues 430,800 218,146 250,106 31,960 nfa 321,540 752,340 Transfers In 138,000 69,000 69,000 nfa 138,000 Use of Fund Equity 3,506,000 nfa 3,506,000 Total Revenues 20,251,800 8,403,146 8,528,790 125,644 1% 369,540 20,621,340 Solid Waste Expenditures Residential Collection 7,138,920 3,656,295 3,598,009 58,286 2% 177,400 7,316,320 Commercial Collection 6,334,810 3,401 ,486 3,378,321 23,165 1% 172,990 6,507,800 Transfer 1,252,270 699,489 683,448 16,041 2% 27,980 1,280,250 Container Maintenance 657,410 338,076 315,487 22,589 7% (6,400) 651,010 Administration 4,510,450 4,016,084 3,968,914 47,170 1% 8,860 4,519,310 Total Expenditures 19,893,860 12,111,430 11,944,179 167,251 1% 380,830 20,274,690 RECYCLING FUND Recycling Revenues Operating Revenues 2,434,200 1 ,259,602 1,369,754 110,152 9% 79,000 2,513,200 Non-Operating Revenues 80,000 40,002 46,301 6,299 16% 63,690 143,690 Total Revenues 2,514,200 1,299,604 1,416,055 116,451 9% 142,690 2,656,890 Recycling Expenditures Residential 936,240 492,875 493,621 (746) 0% 8,020 944,260 Multi-Family 482,740 256,275 249,733 6,542 3% 11,320 494,060 Commercial 992,160 563,466 577,515 (14,049) -2% 131,990 1,124,150 Total Expenditures 2,411,140 1,312,616 1,320,869 (8,253) -1% 151,330 2,562,470 13 Increase/ (Decrease) Marine & Aviation Fund Revenues: 200,000 Expenditures: 200,000 Parkina Fund Revenues: 1,720,880 Expenditures: 345,000 City of Clearwater Other Enterprise Funds Mid Year Amendments FY 2004/05 Description At mid year. anticipated revenues of the Marine & Aviation Fund exceed anticipated expenditures by $71.690 for FY 2004/05. Revenue amendments reflect a $200,000 increase in gas & oil sales for the Marina. Budget amendments reflect an increase of $185,000 in cost of goods sold due to increased gas & oil sales and an increase of $15,000 to fund increased costs for tug and barge repair. The net expenditure increase is $200,000 and is funded by the increase in current year revenues. At mid year. anticipated revenues of the Parkina Fund exceed anticipated expenditures by $2.069.880 for FY 2004/05. Mid year operating revenues reflect an increase of $320,880 bringing total anticipated receipts from parking fines to $600,000 for the fiscal year. These revenues cover the costs of the Parking EnforcemenUCollection program, with the excess funds returned to the General Fund. A second amendment reflects the return of $1,400,000 from Capital Improvement Project 315- 92644, Pelican Walk Parking Garage, to close the project. Parking Fund expenditure amendments at mid year reflect increases of $220,000 to fund parking fine collection processing charges from Pinellas County. This process was approved by the Council on September 2,2004. In addition, Parking Fund expenditures are amended to recognize a transfer of $125,000 representing parking fine revenues in excess of parking enforcement costs to the General Fund. The net budget increase of $345,000 is funded entirely from current year revenue. 14 I Harborview Fund Revenues: Expenditures: Increase/ (Decrease) City of Clearwater Other Enterprise Funds Mid Year Amendments FY 2004/05 Description o At mid year. anticipated revenues of the Harborview Fund equal anticipated expenditures for FY 2004/05. No revenue amendments are proposed for the Harborview Fund at mid year. The 14% negative variance is due to lower than anticipated event revenue. However, bookings are strong for the rest of the year. April event revenue exceeded the budgeted amount by $49,000. The $242,000 positive variance for expenditures at mid year is primarily due to less direct event expenditures as noted above. No expenditure amendments are proposed for Harborview. o 15 ENTERPRISE FUNDS MID YEAR QUARTER REVIEW For The Six Month Period of October 1, 2004 - March 31, 2005 2004105 2004105 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance 'Y. Amendment Budget MARINE & AVIATION FUND Marine & Aviation Fund Revenues Operating Revenues 3,272,750 1,436,380 1,710,883 274,503 19% 200,000 3,472,750 Non-Operating Revenues 212,440 106,224 138,450 32,226 30% 212,440 Transfers In n/a Use of Fund Equity 14,760 n/a 14,760 Total Revenues 3,499,950 1,542,604 1,849,333 306,729 20% 200,000 3,699,950 Marine & Aviation Fund Expenditures Marine Department 3,207,210 1,735,794 1,840,827 (105,033) -6% 200,000 3,407,210 Airpark 221,050 116,330 91,309 25,021 22% 221,050 Total Expenditures 3,428,260 1,852,124 1,932,136 (80,012) 4% 200,000 3,628,260 PARKING FUND Parking Fund Revenues Operating Revenues 4,633,720 1,881,660 1,863,809 (17,851) -1% 320,880 4,954,600 Non-Operating Revenues 269,000 134,496 209,102 74,606 55% 269,000 Transfers In n/a 1,400,000 1,400,000 Total Revenues 4,902,720 2,016,156 2,072,911 56,755 3% 1,720,880 6,623,600 Parking Fund Expenditures Public Wks/Parking System 3,212,210 1,667,618 1,545,621 121,997 7% 3,212,210 Public Wks/Parking Enforcement 292,380 152,976 286,837 (133,861 ) -88% 345,000 637,380 Beach Guard Operations 704,130 365,215 320,328 44,887 12% 704,130 Total Expenditures 4,208,720 2,185,809 2,152,786 33,023 2% 345,000 4,553,720 HARBORVIEW FUND Harborview Center Fund Revenues Operating Revenues 1,892,600 993,244 812,232 (181,012) -18% 1,892,600 Non-operating Revenues 6,550 3,276 112 (3,164) -97% 6,550 Transfers In 317 ,220 317,220 317,220 0% 317,220 Total Revenues 2,216,370 1,313,740 1,129,564 (184,176) -14% 2,216,370 Harborvlew Center Fund Expenditures Harborview Center Operations 2,216,370 1,158,196 915,506 242,690 21% 2,216,370 Total Expenditures 2,216,370 1,158,196 915,506 242,690 21% 2,216,370 16 General Services Revenues: Expenditures: Increase/ (Decrease) 41,370 28,180 City of Clearwater Internal Service Funds Mid Year Amendments FY 2004/05 DescriDtion At mid-year. anticipated revenues of the General Services Fund exceed anticipated expenditures by $41.130 for FY 2004/05. Revenue amendments reflect an increase of $28,180 due to higher than anticipated construction work orders by the "projects crew", and an increase of $13,190 representing reimbursement from FEMA and the state for Hurricanes Charley, Frances, and Jeanne expenditures. The net budget increase is $41,370. The expenditure amendments reflect increases of $28,180 primarily due to increases of $16,500 of fuel and vehicle parts that have exceeded anticipated costs, and $11,680 to adjust various other items to account for enhanced costs directly tied to the activities of the "projects crew". Administrative Services Revenues: Expenditures: o o At mid-year. anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $55,890 for FY 2004/05. No amendments are proposed for the Administrative Services Fund at mid-year Garaae Fund Revenues: Expenditures: 120,000 120,000 At mid-year. anticipated revenues of the GaraQe Fund eaual anticipated expenditures for FY 2004/05. Revenue amendments reflect $120,000 of increases due to greater than expected repairs charged to user departments. The expenditure amendments reflect increases of $120,000 due primarily to personnel and operating costs necessary to accomplish higher than anticipated repair services for user departments. 17 Central Insurance Revenues: Expenditures: Increasel (Decrease) 1,100,000 o City of Clearwater Internal Service Funds Mid Year Amendments FY 2004/05 Description At mid-year. anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $2.066.620. Revenue amendments reflect a transfer of $1,100,000 to the fund from the Special Program Project 181-99927, Emergency Operations. The Central Insurance Fund had transferred funds to this project to cover costs associated with hurricanes Charley, Frances and Jeanne. The Federal Emergency Management Agency (FEMA) and the State of Florida have now reimbursed the project for these costs and the funds are being returned to the Central Insurance Fund. 18 INTERNAL SERVICE FUNDS MID YEAR QUARTER REVIEW For The Six Month Period of October 1, 2004 - March 31, 2005 2004/05 2004/05 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND General Services Fund Revenues Operating Revenues: 3,492,030 1,759,984 1 ,791,640 31,656 2% 28,180 3,520,210 Other Revenue 27,870 13,938 12,927 (1,011 ) -7% 13,190 41,060 Transfers In nla Fund Reserves 100,000 nla 100,000 Total Revenues 3,619,900 1,773,922 1,804,567 30,645 2% 41,370 3,661,270 General Services Fund Expenditures Administration 477,420 245,273 246,864 (1,591) -1% 1,710 479,130 Building & Maintenance 3,114,540 1,640,089 1,621,020 19,069 1% 26,470 3,141,010 Total Expenditures 3,591,960 1,885,362 1,867,884 17,478 1% 28,180 3,620,140 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues Operating Revenues: 8,571,270 4,285,644 4,118,680 (166,964) -4% 8,571,270 Total Operating Revenue 55,000 27,498 45,759 18,261 66% 55,000 Transfers In 11,340 11,340 11,344 4 0% 11,340 Other Revenue nla Total Revenues 8,637,610 4,324,482 4,175,783 (148,699) -3% 8,637,610 Administrative Services Expenditures Information Technology/Admin 436,100 224,198 216,869 7,329 3% 436,100 Information Tech/Network Svcs 1,674,640 854,526 656,023 198,503 23% 1,674,640 Info TechlSoftware Applications 1,545,720 862,290 852,427 9,863 1% 1,545,720 Info T echlT elecommunications 1,256,830 637,779 535,809 101,970 16% 1,256,830 Pub CommlCourier 177,190 89,284 72,766 16,518 19% 177,190 Pub Comm/Graphics 392,000 200,563 198,878 1,685 1% 392,000 Clearwater Customer Service 3,099,240 1,666,195 1,523,272 142,923 9% 3,099,240 Total Expenditures 8,581,720 4,534,835 4,056,044 478,791 11% 8,581,720 GARAGE FUND Garage Fund Revenues Operating Revenues: 8,617,730 4,386,038 4,472,869 86,831 2% 120,000 8,737,730 Total Operating Revenue 619,970 403,982 237,519 (166,463) -41% 619,970 Transfers In nla Fund Reserves 748,670 nla 748,670 Total Revenues 9,986,370 4,790,020 4,710,388 (79,632) -2"10 120,000 10,106,370 Garage Fund Expenditures Fleet Maintenance 9,522,770 5,077,661 5,455,861 (378,200) -7% 121,200 9,643,970 Radio Communications 463,600 234,285 208,908 25,377 11% (1,200) 462,400 Total Expenditures 9,986,370 5,311,946 5,664,769 (352,823) -7% 120,000 10,106,370 19 -l INTERNAL SERVICE FUNDS MID YEAR QUARTER REVIEW For The Six Month Period of October 1, 2004 . March 31, 2005 2004/05 2004/05 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND Central Insurance Fund Revenues Billings to Departments 17,325,380 8,663,542 8,276,244 (387,298) -4% 17 ,325,380 Non-Operating Revenue 800,000 400,002 361,913 (38,089) -10% 800,000 Transfers In 382,490 358,990 117,259 (241,731) -67% 1,100,000 1,482,490 Fund Reserves 3,100,000 0% 3,100,000 Total Revenues 21,607,870 9,422,534 8,755,416 (667,118) -7% 1,100,000 22,707,870 Central Insurance Fund Expenditures Finance/Risk Management 354,240 185,087 165,911 19,176 10% 354,240 Hum Resources/Employee Benefits 213,900 111,087 108,270 2,817 3% 213,900 Non-Departmental 20,073,110 11,586,556 11,214,546 372,010 3% 20,073,110 Total Expenditures 20,641,250 11,882,730 11,488,727 394,003 3% 20,641,250 20 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2004/05 The amended 2004/05 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase of $1,736,856. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increases: .:. Sanitary Sewer R&R - To record a budget increase of $318,280 in '06 Bond revenue. This will bring the project budget in-line with the Rate Study. All significant budget increases that ~ been previously approved by the Council are listed below: Police Hurricane Shutters Courtney Campbell Causeway Landscape Improvements Drew St & US 19 Overpass Landscape Improvements Joe DiMaggio Land Purchase Ross Norton Complex Stevenson Creek Implementation Projects Project Rlldg~t Increase 428,818 150,000 250,000 1,950,050 52,000 167,780 Council Approval 3/17/05 4/21/05 1/20/05 4/21/05 4/7/05 4/7/05 21 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increasel Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Police Hurricane Shutters. NEW PROJECT 315-91148 To establish the project and record a budget increase 428,818 of $428,818 in General Fund revenue to be transferred from unappropriated retained earnings. This was approved by the City Council on March 17, 2005 for a window, door and glazing protection system for Police Headquarters. 428,818 Clearwater Mall Fire Station 2 315-91243 (292,353) To record a budget transfer of $292,352.72 in Penny for Pinellas revenue to project 315-4617, Fire Stations & MSB Generators. This was approved by the City Council on April 21, 2005 for the purchase and installation of six generators and six automatic transfer switches. (292,353) SR 60 Corridor Beautification 3 315-92262 (63,184) To record a budget transfer of $63,183.89 in Gas Tax to project 315-2340, Clearwater Beach West Bridge Connector. This was approved by the City Council on June 2, 2005 to fund the relocation of conduit for traffic communications. (63,184) Myrtle Avenue-Alt 19 4 315-92265 2,179 To record a budget transfer of $2,179.24 in Road Millage from project 315-2266, Streets, Sidewalks & Bridges. 26,094 * To record a budget increase of $26,094 in FOOT grant revenue. Both of the above were approved by the City Council on April 21, 2005 for intersection modifications and sanitary sewer improvements necessary for the this project. 28,273 Streets, Sidewalks & Bridges 5 315-92266 (2,179) To record a budget transfer of $2,179.24 in Road Millage to project 315-2265, Myrtle Avenue-Alt 19. This was approved by the City Council on April 21, 2005 for intersection modifications and sanitary sewer improvements necessary for the Myrtle Avenue project. (2,179) Courtney Campbell Causeway Landscape Improvements -NEW PROJECT To establish the project and record a budget increase 6 315-92271 150,000 * of $150,000 in FOOT grant revenue. This was approved by the City Council on April 21, 2005 as part of the LAP Agreement for the aesthetic improvements to the Courtney Campbell Causeway. 150,000 22 1- CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Drew St & US 19 Overpass landscape Improvements -NEW PROJECT To establish the project and record a budget increase 7 315-92272 250,000 * of $250,000 in FOOT grant revenue. The LAP agreement was approved by the City Council on January 20, 2005 for aesthetic improvements US 19 and Drew Street. 250,000 Clearwater Beach West Bridge Connector 8 315-92340 63,184 To record a budget transfer of $63,183.89 in Gas Tax from project 315-2262, SR 60 Corridor Beautification. This was approved by the City Council on June 2, 2005 to fund the relocation of conduit for traffic communications. 63,184 Pelican Walk Parking Garage 9 315-92644 (1,400,000) To record a budget decrease of $1 ,400,000 in Parking Fund revenue, which will be returned to the unappropriated retained earnings of the Parking Fund for reappropriation. This revenue is being returned because the project has been cancelled. (1,400,000) Community Sports Complex 10 315-92829 10,819 * To record a budget increase of $10,819 in reimbursement revenue from The Phillies. This represents 50% cost of the purchase and installation of a vertical lift. This will be offset by a budget decrease of the 315-92829 (10,819) same amount of $10,819 in Special Development Fund revenue. This revenue will be returned to the Special Development Fund for reappropriation. Joe DiMaggio land Purchase - NEW PROJECT To establish the project and record a budget increase 11 315-93130 1,226,066 of $1 ,950,050 consisting of $1 ,226,066 in Recreation 723,984 Land Impact Fees and $723,984 in Open Space Impact Fees. This was approved by the City Council on April 21 , 2005 for the purchase of the property. 1,950,050 Crest lake Park Improvements - CLOSE PROJECT BUDGET AMENDMENT ONLY 12 315-93207 (200,000) * To record a budget decrease of $200,000 in DEP grant revenue, which will close this project. This project will be funded differently and will be included as part of the Proposed Six Year CIP for the 2006 Budget. (200,000) 23 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Long Center 13 315-93232 To amend the scope of this project as follows: "This project will provide for new programming and office space at the Long Center including but not limited to fitness room, exercise room/multipurpose room, new sidewalks/parking area, companion restrooms, new storage facilities and reception area. Also included in this project will be improvements to life safety issues. " 315-93232 28,071 * To record a budget increase of $28,071 in reimbursements from UPARC, which will fund the UPARC portion of renovations/improvements for life safety items for UPARC. Both of the above items were approved by the City Council on May 5, 2005 as part of the award of the contract for interior renovations of The Long Center. 28,071 Ross Norton Complex 14 315-93253 52,000 To record a budget increase of $52,000 in Recreation Facility Impact Fees, which will be transferred from the Special Development Fund. This was approved by the City Council on April 7, 2005 to fund increased construction costs. 52,000 New Main library - BUDGET AMENDMENT ONLY 15 315-93523 643 * To record a budget increase of $642.80 in interest earnings. This reflects 1 st quarter 2005 interest payments of $257.19 for Slenker and $385.61 for the Clearwater Library Foundation. 643 Roof Repairs 16 315-94512 (8,000) To record a budget transfer of $8,000 in Sewer revenue to project 315-6634, Sanitary Utility Relocation Accommodation. The funding is not needed in the Roof Repairs project. (8,000) Two Color Offset Press/Platemaker - CLOSE PROJECT 17 316-94613 (31,510) * To record a budget decrease of $31,510 in Lease Purchase revenue, which will close the project. The equipment has been purchased and is in service. (31,510) Fire Stations & MSB Generators - NEW PROJECT 18 315-94617 292,353 To record a budget transfer of $292,352.72 in Penny for Pinellas revenue from project 315-1243, Clearwater Mall Fire Station. 315-94617 11,394 To record a budget increase of $11,393.63 in General Fund revenue, which will be transferred from unappropriated retained earnings. Both amendments were approved by the City Council on April 21, 2005 for the purchase and installation of six generators and six automatic transfer switches. 303,746 24 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Integrated Document Management System - CLOSE PROJECT To record a budget transfer of $84,362.73 to project 315/316-4836, Document & Agenda Management 19 315-94753 (50,710) Replacement. This consists of $50,710.49 in 316-94753 * (33,652) General Fund revenue and $33,652.24 in Lease Purchase revenue. This project is complete and will be closed. (84,363) Development Services Pick Up Truck - NEW To establish the project and record a budget 20 316-94835 20,000 * increase of $20,000 in Lease Purchase revenue. This was approved by the City Council on May 19, 2005 for the new Building Construction Inspector. 20,000 Document & Agenda Management Replacement - NEW PROJECT To establish the project and record a budget increase 21 315-94836 96,000 of $96,000 in General Fund revenue, which will be transferred from operating budget savings of the Official Records & Legislative Services budget. To record a budget transfer of $84,362.73 from project 315-4753, Integrated Document Management 315-94836 50,710 System. This consists of $50,710.49 in General 316-94836 * 33,652 Fund revenue and $33,652.24 in Lease Purchase revenue. That project is being closed and will be replaced with this new project. 180,363 Storm Pipe System Improvements - BUDGET AMENDMENT ONLY 22 315-96124 9,237 * To record a budget increase of $9,237.09 in reimbursement from a contractor. This represents payment for the contractor's portion for a flagman on the Palmetto Drainage project. 315-96124 164,765 To record a budget transfer of $164,764.69 in Stormwater Revenue from project 315-6156, Canterbury Road Drainage. The Canterbury Road Drainage project is complete and will be closed. 174,002 Prospect lake Park 23 377-96125 (200,000) To record a budget transfer of $200,000 in '02 Bond revenue to project 377-6144, Stevenson Creek Implementation Projects. This was approved by the City Council on April 7, 2005 for the Glen Oaks Stormwater Management Project. (200,000) 25 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Stevenson Creek Implementation Projects 24 315-96144 1,175,435 To record a budgettransfer of $1,175,435.27 in Stormwater Utility revenue from project 315-6149, Storm System Expansion. 315-96144 571,537 To record a budget transfer of $571,537 in Stormwater Utility revenue from project 315-6150, Morningside-Meadows Drainage Improvements. * 549,803 To record a budget transfer of $549,802.73 in FDEP revenue from project 315-6152, Lake Bellevue Stormwater Improvements. 315-96144 167,779 * To record a budget increase of $167,779.39 in grant revenue from SWFWMD. 357-96144 607,190 To record a budget transfer of $607,190.26 in '04 Bond revenue from project 357-6149, Storm System Expansion. 357-96144 333,333 To record a budget transfer of $333,333.32 in '04 Bond revenue from project 357-6152, Lake Bellevue Stormwater Improvements. 377-96144 200,000 To record a budget transfer of $200,000 in '02 Bond revenue from project 377-6125, Prospect Lake Park. All the above amendments were approved by the City Council on April 7, 2005 for the Glen Oaks Stormwater Management Project. 3,605,078 Storm System Expansion 25 315-96149 (1,175,435) To record a budget transfer of $1,175,435.27 in Stormwater Utility revenue to project 315-6144, Stevenson Creek Implementation Projects. 357-96149 (607,190) To record a budget transfer of $607,190.26 in '04 Bond revenue to project 357-6144, Stevenson Creek Implementation Projects. Both of the above amendments were approved by the City Council on April 7, 2005 for the Glen Oaks Stormwater Management Project. (1,782,626) Morningside-Meadows Drainage Improvements 26 315-96150 (571,537) To record a budget transfer of $571 ,537 in Stormwater Utility revenue to project 315-6144, Stevenson Creek Implementation Projects. This was approved by the City Council on April 7, 2005 for the Glen Oaks Stormwater Management Project. (571,537) Lake Bellevue Stormwater Improvements 27 315-96152 (549,803) To record a budget transfer of $549,802.73 in FDEP revenue to project 315-6144, Stevenson Creek Implementation Projects. 357-96152 (333,333) To record a budget transfer of $333,333.32 in '04 Bond revenue to project 357-6144, Stevenson Creek Implementation Projects. (883,136) 26 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Canterbury Road Drainage Improvements - CLOSE PROJECT 28 315-96156 (164,765) To record a budget transfer of $164,764.69 in Stormwater revenue to project 315-6124, Storm Pipe System Improvements. The Canterbury Road Drainage project is complete and will be closed. (164,765) Power Screener Upgrade - CLOSE PROJECT 29 316-96157 (30,000) * To record a budget decrease of $30,000 in Lease Purchase revenue, which will close the project. Any additional screens that are needed will be purchased on an "as needed" basis out of the operating budget. (30,000) THM Control - CLOSE PROJECT 30 315-96606 (145,961) To record a budget transfer of $145,960.77 in Sewer revenue to project 315-6664, WPC R&R. 343-96606 (14,563) To record a budget transfer of $14,562.85 in Bond revenue to project 343-6664, WPC R&R. These amendments will close the THM Control project, which is complete. (160,524) WWTP Internal Recycle Modifications - PROJECT NAME CHANGE 31 315-96616 To record a project name change from "WPC" Internal Recycle Modifications to "WWTP" Internal Recycle Modifications. This is merely an administrative change to keep project names consistent. Sanitary Utility Relocation Accommodation 32 315-96634 8,000 To record a budget transfer of $8,000 in Sewer revenue from project 315-4512, Roof Repairs. The funding is not needed in the Roof Repairs project. 8,000 Chlorine Handling-NE AWT - CLOSE PROJECT 33 315-96658 (96,448) To record a budget transfer of $96,447.81 in Sewer revenue to project 315-6664, WPC R&R. The Chlorine Handling project is complete and will be closed. (96,448) WPC R&R 34 315-96664 145,961 To record a budget transfer of $145,960.77 in Sewer revenue from project 315-6606, THM Control. 343-96664 14,563 To record a budget transfer of $14,562.85 in Bond revenue from project 343-6606, THM Control. These amendments will close the THM Control project, which is complete. 315-96664 96,448 To record a budget transfer of $96,447.81 in Sewer revenue from project 315-6658, Chlorine Handling-NE- AWT, which is complete and will be closed. 256,971 27 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2004/05 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Sanitary Sewer R&R 35 343-96665 188,045 To record a budget transfer of $188,044.68 in '02 Bond revenue from project 343-6694, Manhole & Gravity Line Repairs. The project is complete and will be closed. 378-96665 318,280 * To record a budget increase of $318,280 in '06 Bond revenue. This will bring the budget in-line with the Rate Study. 506,325 Manhole & Gravity Line Repairs - CLOSE PROJECT 36 343-96694 (188,045) To record a budget transfer of $188,044.68 in '02 Bond revenue to project 343-6665, Sanitary Sewer R&R. This project is complete and will be closed. (188,045) Water Pick-up Trucks 37 316-96757 (110,000) * To record a budget decrease of $110,000 in Lease Purchase revenue. The number of trucks to be purchased has been decreased. (110,000) TOTALS 1,736,856 1,736,856 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/04 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91146 Traffic Speed Boards 30,000 27,957 27,957 27,957 0 C 91147 Police Computer Network - II 551,330 551,330 551,330 551,330 91148 Police Hurricane Shutters 0 0 428,818 428,818 428,818 0 Sub-Total 581,330 579,287 428,818 1,008,105 27,957 428,818 551,330 Fire Protection 91213 Fire Apparatus Refurbish 658,772 602,415 602,415 602,415 0 C 91221 EMS Capital Equipment 753,411 753,411 753,411 685,479 67,932 91226 Vehicular Support 317,509 317,509 317,509 238,433 26,038 53,038 91229 Replace & Upgrade Airpacks 286,500 286,500 286,500 272,117 14,383 91236 Rescue Vehicle 453,744 453,744 453,744 199,269 254,448 27 91237 Northwest Statio[l 2,220,535 2,220,535 2,220,535 2,077,886 127,540 15,109 91240 Fire GIS 74,000 74,000 74,000 9,513 64,487 91241 NW Station Furnishings 124,000 124,000 124,000 74,287 466 49,246 91242 Fire Training Facility 1,961,500 1,961,500 1,961,500 1,961,500 91243 Clwr Mall Fire Station 1,978,115 1,978,115 -292,353 1,685,762 1,672,373 1,780 11,609 2 91245 Fire Garage Door Replcmt 94,000 94,000 94,000 79,639 14,361 91247 Traffic Pre-Emption 30,000 30,000 30,000 29,548 452 91248 Fire Shop/Supply Facility 703,500 714,180 714,180 703,497 10,683 91249 Fire Dispatch Radio Replcmt 317,700 317,700 317,700 161,493 96,141 60,066 91250 Heavy Unit Replacement 500,000 500,000 500,000 499,923 77 91251 Fire Command Staff Vehicles 0 86,199 86,199 30,609 55,590 0 Sub-Total 10,473,286 10,513,808 -292,353 10,221,456 6,836,559 1,061,926 2,322,970 TRANSPORTATION New Street Construction 92146 Druid Rd Improvements 1,556,050 1,556,050 1,556,050 950,802 532,894 72,354 92148 Gateway to the Beach 10,062,697 10,062,697 10,062,697 9,439,195 623,502 Sub-Total 11,618,747 11,618,747 0 11,618,747 10,389,997 532,894 695,856 Major Street Maintenance 92259 Traffic Calming 3,708,098 3,708,098 3,708,098 1,498,601 198,374 2,011,124 92261 Beach Streetscape 2,504,420 2,501,598 2,501,598 2,501,598 0 C 92262 SR 60 Corridor Beaut 3,380,026 3,380,026 -63,184 3,316,842 2,349,644 364,072 603,126 3 92265 Myrtle Ave/Alt 19 1,217,199 1,217,199 28,273 1,245,473 841,274 375,925 28,273 4 92266 Streets, Sidewalks & Bridges 10,369,915 8,543,245 -2,179 8,541,066 5,592,411 122,066 2,826,589 5 92267 Coronado/S Gulfview 3,501,995 15,445,592 15,445,592 973,465 80,125 14,392,003 92268 Bluff to Beach Guideway 140,000 140,000 140,000 58,500 31,500 50,000 92269 Downtown Streetscape 2,800,000 2,800,000 2,800,000 270,118 80,051 2,449,831 92270 Gulf to Bay / Highland Imprv 1,500,000 1.500.000 1.500.000 1.500.000 92271 Courtney Campbell Landscape 0 0 150,000 150,000 150,000 6 92272 Drew & US 19 Landscape 0 0 250,000 250,000 250,000 7 Sub-Total 29,121,653 39,235,759 362,910 39,598,669 14,085,611 1,252,112 24,260,945 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 389,833 389,833 1,131 379,831 8,872 92340 Clw Bch West Bridge Co 4,153,760 4,153,760 63,184 4,216,944 676,930 81,103 3,458,910 8 92341 McMullen Booth Rd Overpass 3,232,121 3,232,121 3,232,121 2,170,945 1,026,992 34,184 92342 Beach Connector Trail 193,950 193,950 193,950 193,950 0 Sub-Total 7,969,665 7,969,665 63,184 8,032,849 2,849,006 1,681,877 3,501,966 Intersections 92551 City-Wide Intersection Imprv 911,778 911,778 911,778 394,654 517,123 92552 Signal Renovation 790,698 790,698 790,698 707,673 71,547 11,478 92553 New Signal Installation 717,957 717,957 717,957 307,780 410,177 92555 Intersection Improvements 2,504,325 2,154,325 2,154,325 2,154,325 0 92557 SR 60 & Damascus Rd Signal 621,286 621,286 621,286 603,643 17,643 92558 Intersection Improvements-II 1,426,009 1,776,009 1,776,009 360,445 1,415,564 Sub-Total 6,972,052 6,972,052 0 6,972,052 4,528,521 71,547 2,371,985 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/04 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,229,023 1,229,023 1,229,023 593,285 635,737 92632 Pkng Garage Structure Rpr 993,432 993,432 993,432 647,539 42,236 303,657 92636 Parking Lot Improvement 912,977 912,977 912,977 424,399 488,578 92637 Elec Real Time Signing Sys 350,000 350,000 350,000 350,000 92640 Downtown Parking Garage 1,900,000 1,900,000 1,900,000 102,200 1,797,800 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000 92644 Pelican Walk Parking Garage 1,451,800 1,451.800 -1,400,000 51,800 14,476 37,324 0 9 92645 Pking Access & Rev Equip 590,654 477,002 477,002 477,002 0 C 92646 Station Square Parking 1,300,000 1,300,000 1,300,000 1,300,000 Sub-Total 14,727,886 14,614,234 -1,400,000 13,214,234 2,258,901 79,560 10,875,772 Miscellaneous Engineering 92820 Memorial Causeway Br Repl 37,258,665 37,258,665 37,258,665 36,636,702 66,656 555,306 92822 Miscellaneous Engineering 367,892 364,025 364,025 186,933 177,092 92827 Global Pos Sys Survey Equip 125,000 125,000 125,000 41,271 83,729 92828 Public Works Field Laptops 125,682 125,682 125,682 17,322 108,360 92829 Comm Sports Complex Dev 23,662,598 23,662,598 23,662,598 23,555,584 9,488 97,526 10 92836 Sign Shop Expansion 240,000 240,000 240,000 240,000 Sub-Total 61,779,837 61,775,970 0 61,775,970 60,437,813 76,144 1,262,013 LEISURE Land Acquisition 93129 Bayview Park 250,000 450,000 450,000 250,133 199,867 93130 Joe DiMaggio Land Purchase 0 0 1,950,050 1,950,050 1,950,050 11 250,000 450,000 1,950,050 2,400,050 250,133 0 2,149,917 Park Development 93201 Eddie C Moore 8 & 9 880,000 880,000 880,000 788,900 78,272 12,828 93203 Carpenter Fld-Infras Repllmp 60,000 60,000 60,000 24,404 6,482 29,114 93204 Concrete Sidewalk & Pad 262,913 262,913 262,913 251,352 11,560 93205 Com Sprts Cmp Infr Repllmp 100,000 100,000 100,000 7,090 92,910 93207 Crest Lake Pk Improvemts 200,000 200,000 -200,000 0 0 0 0 C 12 93210 Mem Cswy Lndscp/Beaut 1,362,600 1,362,600 1,362,600 8,875 79,344 1,274,382 93211 Golf Course Fencing/Lndscp 90,000 90,000 90,000 84,653 5,347 93213 Prk Amenity Purch & Rplcmnt 514,942 514,942 514,942 462,443 3,216 49,283 93214 Long Center Playground 400,000 400,000 400,000 400,000 93229 Tennis Court Resurfacing 386,582 386,582 386,582 309,698 76,884 93230 Playground & Fitness Eqpmnt F 946,130 946,130 946,130 784,309 161,821 93232 Long Center 1,000,000 1,008,750 28,071 1,036,821 26,758 100,392 909,672 13 93242 JRS Infrastructure Repairs 367,000 367,000 367,000 339,862 27,138 93253 Ross Norton Complex 3,715,457 3,715,601 52,000 3,767,601 2,542,761 867,089 357,751 14 93262 Fencing Replacemt Program 594,555 594,555 594,555 524,400 70,155 93266 P&B Infrastructure Imprvmts 75,057 74,913 74,913 74,913 0 C 93269 Light Replacement 1,281,676 1,281,676 1,281,676 1,159,604 14,729 107,344 93271 Swimming Pool R&R 245,000 395,000 395,000 33,284 135,205 226,511 93272 Bike Paths/Bridges 6,530,000 6,530,000 6,530,000 6,530,000 93273 Restrooms on Clwr Beach 600,000 600,000 600,000 600,000 93274 P&R Technology Upgrades 143,000 143,000 143,000 82,840 17,847 42,313 93275 Dog Park @ Crest Lake 130,000 130,000 130,000 111,781 18,219 93277 Harborview Infra Repllmpr 175,000 175,000 175,000 116,562 42,000 16,438 93278 Long Center Infra Repairs 167,000 167,000 167,000 117,573 46,920 2,507 93286 Pking Lot/Bike Pth Rsrllmprv 261,943 261,943 261,943 185,771 27,853 48,319 Sub-Total 20,488,855 20,647,605 -119,929 20,527,676 8,037,833 1,419,349 11,070,494 Marine Facilities 93413 Utilities/Svcs Replace 353,966 353,966 353,966 352,839 1,127 93429 Dock Replacement & Repair 294,040 294,040 294,040 257,961 36,079 93487 Fishing Piers 356,031 356,031 356,031 195,712 11,000 149,319 93490 Fuel System R&R 120,000 120,000 120,000 34,522 85,478 93494 Fuel Tank Replacement 225,000 225,000 225,000 99,205 125,795 93495 Dock Construction 70,000 70,000 70,000 70,000 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/04 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Marine Facilities (cont'd) 93496 Marine Fac Dredg/Maint 558,529 558,529 558,529 414,287 144,242 93497 Docks & Seawalls 350,000 350,000 350,000 89,669 260,331 93498 Sailing Ctr Improvements 124,000 117,064 117,064 117,064 0 C 93499 Pier 60/Sailing Ctr Maint 65,313 65,313 65,313 42,594 22,719 Subtotal 2,516,879 2,509,943 0 2,509,943 1,603,854 11,000 895,089 Airpark 94713 Airpark Master Plan Improv 2,723,295 2,743,295 2,743,295 2,637,212 30,838 75,245 94817 Airpark Maint & Repair 40,000 40,000 40,000 36,674 3,326 Sub-Total 2,763,295 2,783,295 0 2,783,295 2,673,886 30,838 78,571 Libraries 93523 New Main Library 19,094,203 19,141,987 643 19,142,630 18,313,607 199,544 629,480 15 93525 N Greenwood Library 1,298,632 1,298,632 1,298,632 1,298,632 0 C 93526 Polaris System Upgrade 60,000 60,000 60,000 54,401 2,767 2,832 93527 Books & Othr Lib Mat - II 1,402,782 1,402,782 1 ,402,782 859,320 1,310 542,151 Sub-Total 21,855,617 21,903,401 643 21,904,044 20,525,960 203,622 1,174,462 Garage 94222 Motorized Equip -Cash 1,374,335 1,374,335 1,374,335 1,374,335 0 C 94227 Motorized Equip - UP 17,722,307 17,722,307 17,722,307 15,584,250 2,138,057 94230 Fleet Asset Mgmt Sys 230,702 250,702 250,702 21,812 225,843 3,046 94232 Radio User Equip Replcmt 400,000 400,000 400,000 196,825 121,388 81,787 94233 Motorized Equip-Cash II 238,089 238,089 238,089 232,700 5,390 94234 Motorized Equip - LP II 6,219,000 6,219,000 6,219,000 3,754,231 1,794,019 670,749 94235 Gen Svcs Storage Bldg 0 328,673 328,673 0 328,673 0 Sub.Total 26,184,433 26,533,107 0 26,533,107 21,164,153 2,469,923 2,899,030 Building Maintenance 94510 Air Cond Replace-City Wide 1,463,060 1,463,060 1,463,060 822,403 236,980 403,678 94512 Roof Repairs 505,635 505,635 -8,000 497,635 428,436 69,199 16 94514 Roof Replacements 998,856 1,000,334 1,000,334 684,682 315,652 94517 Painting of Facilities 413,925 413,925 413,925 159,831 5,218 248,876 94518 Fencing of Facilities 81,698 81,698 81,698 55,199 15,221 11,278 94519 Flooring for Facilities 674,642 674,642 674,642 557,754 4,073 112,815 94521 Elevator Refurb/Modemization 220,000 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 120,886 130,886 130,886 21,611 109,475 -200 Sub-Total 4,478,702 4,490,180 -8,000 4,482,180 2,729,916 370,966 1,381,297 General Public Buildings & Equipment 94613 2 Color Offset Press/Plate 140,000 140,000 -31,510 108,490 108,490 0 C 17 94617 Fire Stations' & MSB Generator 0 0 303,746 303,746 303,746 18 Sub-Total 140,000 140,000 272,236 412,236 108,490 0 303,746 Miscellaneous 94711 Sand Key Power Line 1,400,000 1,400,000 1,400,000 1,211,233 188,767 94714 Downtown Redevelopment 1,759,879 3,250,809 3,250,809 1,318,144 4,920 1,927,744 94729 City-wide Connect Infra 1,481,333 1,481,333 1,481,333 305,351 17,109 1,158,874 94736 Geographic Information 902,726 902,726 902,726 726,016 570 176,140 94738 Telephone System Replac 1,392,636 1,379,192 1,379,192 1,379,192 0 C 94753 Integrated Doc Mgmt Sys 702,352 702,352 -84,363 617,990 617,990 0 0 C 19 94757 Util Billing/Cust Info Sys 1,573,270 1,569,670 1,569,670 1,569,670 0 C 94761 Poll Stor Tank RernlRepl-Gen 343,658 343,658 343,658 222,769 4,284 116,605 94765 IMR Development 1,541,788 1,541,788 1,541,788 1,335,566 15,944 190,278 94801 Tidemark Upgrade 772,623 772,623 772,623 491,944 31,227 249,452 94803 EnvrnmnU Assmt & Clean-up 629,066 629,066 629,066 275,243 205,824 148,000 94809 Financial Sys Replacement 1,050,640 1,050,640 1,050,640 814,394 195,072 41,174 94814 Network Infra & Server Upgr 455,202 455,202 455,202 351,582 103,620 94820 HR Peoplesoft Upgrade 150,000 150,000 150,000 37,188 112,812 94822 CCS Printer Room Renovation 25,000 23,727 23,727 23,727 0 C 94824 IT Disaster Recovery 100,000 100,000 100,000 49,979 50,021 Miscellaneous (cont'd) 31 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/04 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref 94825 Dev Svcs Vehicle 20,080 18,494 18,494 18,494 0 C 94826 Electric Meter Rd Upgrade 70,000 70,000 70,000 70,000 94827 Telecommunications Upgrade 25,000 25,000 25,000 25,000 94828 Financial Sys Upgrades 75,000 75,000 75,000 75,000 94829 CIS Upgrades / Replcmt 130,000 134,873 134,873 27,564 107,309 94830 MS Licensing / Upgrades 50,000 50,000 50,000 50,000 94831 Evaluation & Appraisal Rept 0 295,190 295,190 1,476 293,714 0 94832 South Beach Pavilion Mods 0 90,000 90,000 86,326 3,674 94833 Computer Monitors 0 260,000 260,000 17,100 242,900 94834 ACD Replacement 0 35,000 35,000 31,925 3,075 94835 Dev Svcs Pick Up Truck 0 0 20,000 20,000 20,000 20 94836 Doc & Agenda Mgmt Replcmt 0 0 180,363 180,363 180,363 21 Sub-Total 14,650,254 16,806,343 116,000 16,922,343 10,863,848 817,688 5,240,806 UTILITIES Stormwater Utility 96120 Alligator Ck Implementation 3,215,033 3,215,033 3,215,033 2,388,929 2,485 823,619 96124 Storm Pipe System Improv 7,880,614 6,974,158 174,002 7,148,160 4,493,512 169,220 2,485,428 22 96125 Prospect Lake Park 7,954,496 7,954,496 -200,000 7,754,496 7,385,571 113,366 255,560 23 96129 Stev Ck Estuary Restor 3,051,080 3,051,080 3,051,080 2,051,080 1,000,000 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 23,791 109,686 874,524 96141 Kapok Flood Resolution 22,851,653 19,851,653 19,851,653 15,174,566 3,584,347 1,092,740 96142 Myrtle Ave Drainage Imprvmt 11,515,356 11,521,263 11,521,263 4,178,908 7,238,754 103,601 96143 N. Beach Neighbrhd Drainage 587,737 494,193 494,193 494,193 0 96144 Stevensn Crk Impl Projects 4,969,613 5,279,023 3,605,078 8,884,101 1,083,010 178,031 7,623,061 24 96149 Storm Sys Expansion 1,611,505 2,535,095 -1,782,626 752,469 330,183 422,286 25 96150 Morningside/Meadows Drain 575,000 575,000 -571,537 3,463 127 3,336 26 96152 Lake Bellevue Stormwater Imp 2,000,000 2,000,000 -883,136 1,116,864 164,813 101,904 850,147 27 96154 Alligator Ck Implemt-II 4,329,990 6,360,000 6,360,000 640,966 424,357 5,294,677 96155 TV Truck & Camera 220,130 217,425 217,425 217,425 0 C 96156 Canterbury Rd Drain Imprvmts 600,000 600,000 -164,765 435,235 435,235 0 C 28 96157 Power Screener Upgrade 30,000 30,000 -30,000 0 0 C 29 96158 Transfer Yard Upgrade 240,000 240,000 240,000 1,390 238,610 96159 Stormwater Pick-Up Truck 0 16,000 16,000 14,324 1,676 Sub-Total 72,640,208 71,922,420 147,016 72,069,436 39,063,699 11,936,474 21,069,264 Water System 96721 System R & R-Maintenance 780,269 780,269 780,269 773,262 7,007 96739 Reclaimed Water Dist 41,181,731 40,857,421 40,857,421 26,409,828 2,568,208 11,879,385 96740 Water SupplylTreatment 4,385,534 4,292,034 4,292,034 2,593,026 269,000 1,430,009 96741 System R & R-Capitalized 7,540,507 7,539,029 7,539,029 4,713,108 1,091,728 1,734,193 96742 Line Relocation-Capitalized 9,364,200 9,364,200 9,364,200 4,476,392 172,809 4,714,999 96743 Mtr Bkflow Prev Dev/Chang 1,499,182 1,499,182 1,499,182 1,024,268 446 474,468 96744 System Expansion 1,499,673 1,499,673 1,499,673 759,380 740,293 96747 Rain Sensor Rebates 1,819 1,819 1,819 1,819 0 96748 Water Treatment Facility 8,444,719 8,447,444 8,447,444 8,102,152 16,180 329,112 96750 Well Rehabilitation 885,720 885,720 885,720 570,832 249,791 65,097 96751 Disinfection Systems 1,019,277 1,019,277 1,019,277 1,016,897 2,381 96752 Water Service Lines 2,308,318 2,308,318 2,308,318 1,251,704 510,254 546,359 96757 Water Pick up Trucks 170,000 170,000 -110,000 60,000 60,000 37 96758 Fluoride in Water System 289,780 289,780 289,780 62,954 74,667 152,160 96759 Water Main Ph 15-16-17 2,500,000 2,500,000 2,500,000 2,500,000 96760 Elevated Water Tanks Upgrade 630,000 723,500 723,500 52,250 41,250 630,000 96761 Telemetry for Wells 50,000 50,000 50,000 50,000 96762 Water Generators 400,000 400,000 400,000 302,500 97,500 96763 Wellfield Expansion 600,000 724,310 724,310 7,983 116,327 600,000 96764 RO Plant Exp Res #1 490,000 690,000 690,000 12,895 187,105 490,000 Sub-Total 84,040,727 84,041,974 -110,000 83,931,974 52,131,248 5,297,764 26,502,963 32 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/04 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Sewer System 96605 WWC Interceptor Lines 1,287,856 1,287,856 1,287,856 725,285 24,744 537,828 96606 THM Control 1,578,378 379,615 -160,524 219,091 219,091 0 0 C 30 96610 Portable Generator Sets 199,000 199,000 199,000 192,500 6,500 96611 Bio-Solids Treatment 6,094,999 7,571,060 7,571,060 1,141,618 6,295,423 134,019 96613 NE Filter/Marshall Blow MCC 1,830,844 2,693,949 2,693,949 121,847 2,559,933 12,169 96616 WWTP Internal Recycle Mod 80,000 80,000 80,000 80,000 31 96618 WPC UV Lightning Protection 187,000 187,000 187,000 58,795 128,205 96630 Sanitary Sewer Ext 1,651,194 1,651,194 1,651,194 785,751 865,443 96634 San Uti I Reloc Accmmdtn 2,945,348 2,945,348 8,000 2,953,348 2,278,250 28,224 646,875 32 96645 Laboratory Upgrade & R&R 651,459 651 ,459 651,459 600,142 51,317 96654 Facilities Upgrade & Improv 1,804,536 1,660,689 1,660,689 1,573,234 81,707 5,748 96658 Northeast Improvements 7,646,791 6,914,956 -96,448 6,818,509 6,808,940 9,568 0 C 33 96664 WPC R & R 4,914,036 4,914,036 256,971 5,171,007 4,604,821 90,765 475,421 34 96665 Sanitary Sewer R&R 15,892,273 15,904,544 506,325 16,410,868 9,805,959 2,057,311 4,547,598 35 96670 Poll Stor Tk Remov-WPC 152,326 152,326 152,326 122,326 30,000 96671 Rotary Screen Sludge Thick 163,312 153,760 153,760 153,760 0 96676 Telemetry Sys for Lift Sta 184,160 163,782 163,782 163,782 0 96685 WPC Master Plan Ph III 1,634,430 1,634,430 1,634,430 1,528,978 30,252 75,200 96686 Pump Station Replacement 9,985,149 10,005,528 10,005,528 5,408,599 970,669 3,626,259 96687 Clw Harbor Force Mains 1,464,229 1,451,958 1,451,958 1,451,958 0 C 96693 WWC Force Main Replcmts 2,097,439 2,097,439 2,097,439 1,827,324 22,669 247,446 96694 Manhole & Gravity Line Repl 1,467,551 1,467,551 -188,045 1,279,507 1,279,507 0 C 36 96695 WWC Lateral Repairs 103,669 103,669 103,669 27,243 75,439 987 96696 WWC Sewer Upgrades 40,000 40,000 40,000 28,769 11,231 96697 WWC Pick-up Truck 29,400 29,400 29,400 29,400 Sub-Total 64,085,381 64,340,548 326,280 64,666,828 40,849,683 12,305,498 11,511,647 Gas System 96358 Environmental Remediation 1,487,335 1,487,335 1,487,335 652,908 230,549 603,877 96365 Line Relocation-Pinell Maint 716,089 716,089 716,089 175,908 7,446 532,735 96367 Gas Meter Change Out-Pin 850,000 850,000 850,000 64,154 785,846 96374 Line Relocation-Pin Capit 2,528,822 2,528,822 2,528,822 1,380,252 127,549 1,021,020 96376 Line Relocation - Pas Maint 130,000 130,000 130,000 130,000 96377 Pinellas New Main / Ser 8,279,570 8,279,570 8,279,570 5,275,303 169,027 2,835,239 96378 Pasco New Mains / Ser 4,331,782 4,331,782 4,331,782 2,958,236 19,567 1,353,979 96379 Pasco Gas Mtr Change Out 840,000 840,000 840,000 513 839,487 96381 Line Reloc-Pasco-Capital 455,000 455,000 455,000 455,000 96382 Gas Inventory - Work mgmt Sy: 350,000 350,000 350,000 13,774 3,049 333,177 96383 Gas Sales Office 125,000 125,000 125,000 125,000 Sub-Total 20,093,597 20,093,597 0 20,093,597 10,521,048 557,188 9,015,361 Solid Waste 96426 Facility R & R 1,416,752 1,416,752 1,416,752 900,226 46,100 470,426 96438 Vehicle AcquiSition 712,961 712,961 712,961 613,485 99,476 96439 Container Screening Pro 329,290 329,290 329,290 17,933 311,358 96440 Improvements to SW Complx 208,785 208,785 208,785 73,117 135,668 96442 SW Vehicle Replacement 345,000 414,769 414,769 267,660 147,109 96443 Res Container Acquisition-II 362,283 362,283 362,283 140,406 30,121 191,756 96444 Comm Container Acquisition-II 919,020 919,020 919,020 204,927 156,094 557,999 Sub-Total 4,294,091 4,363,860 0 4,363,860 2,217,753 232,315 1,913,792 Utility Miscellaneous 96516 Citywide Aerial Photo 153,666 153,666 153,666 149,533 4,134 96521 PW Infra Mgmt System 1,543,510 1,543,510 1,543,510 1,238,171 305,339 96523 Pub Utilities Adm Bldg R&R 157,054 157,054 157,054 134,121 22,933 96524 Exotic & Inv Species Cont 212,650 212,650 212,650 116,385 95,320 945 Sub-Total 2,066,880 2,066,880 0 2,066,880 1,638,209 95,320 333,351 33 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/04 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Recycling 96802 Recycle Bldg/Process Ramp 334,833 334,833 334,833 334,146 687 96804 Recycling Carts/Dumpsters 646,925 646,925 646,925 291,596 10,360 344,969 96805 Recyc Expan/PrornlR&R 932,236 932,236 932,236 541,608 19,932 370,696 96806 Recycling Equip Replac 1,839,932 1,867,037 1,867,037 1,288,854 578,183 96807 Recycling Van Acquisition 151,000 151,000 151,000 146,600 4,400 Sub-Total 3,904,926 3,932,031 0 3,932,031 2,602,803 30,292 1,298,936 487,698,300 500,304,703 1,736,856 502,041,559 318,396,880 40,963,114 142,681,565 34 35 Special Program Fund Second Quarter Budget Amendments October 1, 2004 - March 31, 2005 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Florida Contraband Forfeiture - Record a $74,478.00 budget increase in court forfeiture proceeds to match budgeted revenues with 10 99330 74,478.00 actual revenues received. 74,478.00 Officer Friendly Program - Record a $295.00 budget increase in donations to match budgeted revenues with actual 11 99332 295.00 revenues received. 295.00 Vehicle Replacement Fund - Record a budget increase of $3,560.00 which represents a transfer from 181-99908 Outside Duty Program. The initial budget reflects an additional charge of $10.00 per each Outside Duty job that requires a police vehicle. This fund has been established to set aside money for the replacement of vehicles for the Police Department's Take Home Car Plan. The 12 99350 3,560.00 source of revenue will vary. 3,560.00 Law Enforcement Block Grant Record a $1,004.00 budget increase in interest earnings to match budgeted revenues with 13 99354 1,004.00 actual revenues received, 1,004.00 Safe Neighborhood Program. Record $85,000.00 budget and actual transfers representing $60,000.00 transfer to 181- 99947 TV Production Specialist, $15,000,00 transfer to 181-99316 Police Volunteers, $5,000.00 to 181-99325 Citizens Police Academy and $5,000.00 to 181-99364 Crime Prevention Program. These funds will be used for deterring crime, increasing public perception of safety, and expanding 14 99356 0.00 (85,000,00) communication. (85,000.00) 15 99364 1,115.00 Crime Prevention Program - Record a $6,115.00 budget increase representing $1,115.00 in donations to match budgeted revenues with actual revenues received and $5,000.00 budget and actual transfers from 181-99356 Safe Neighborhood Program. The $5,000.00 transfer will be used to promote crime prevention awareness through 5,000.00 community outreach and training, 6,115.00 36 Amdmt Number 16 17 18 Increasel Project (Decrease) Number Amount 99387 9,439,54 Special Program Fund Second Quarter Budget Amendments October 1, 2004 - March 31, 2005 Intrafund Transfer Amount Description Federal Forfeiture Sharing - Record a $9,439.54 budget increase in federal forfeiture revenue to match budgeted revenues with actual revenues received. Homeless Shelter. Record an $18,719.89 budget and actual decrease. In error, the transfers from the general fund representing payment in lieu of taxes from the Clearwater Housing Authority were transferred Third Quarter 2004 and First Quarter 2005. This (18,719.89) adjustment will reverse the duplicate transfer. 99938 99947 Public Safety Program Totals: Social Services 19 20 114,254.16 99559 (6,500.00) 99560 (10,000.00) Social Services Total: Marine (16,500.00) 21 99707 Marine Programs Total: 2,070.00 2,070.00 TV Production Specialist - Record $60,000,00 budget and actual transfers representing transfer from 181-99356 Safe Neighborhood Program. The TV Production Specialist supports the Police Department in it's monthly television program along with documentation of other Police program and 60,000.00 projects that promotes a Safe Neighborhood. 3,560.00 EEOC Charge Resolution - Record $6,500.00 budget and actual transfers to the General Fund to reimburse the General Fund for expenditures, This will close the program. HUD Fair Housing Asst - Record $10,000.00 budget and actual transfers to the General Fund to reimburse the General Fund for expenditures. This will close the program. Beach Guard Donations. To record a $2,070.00 donation budget increase to match budgeted revenues with actual revenues received. 0.00 37 Net Budget Amendment 9,439.54 (18,719.89) 60,000.00 117,814.16 (6,500.00) (10,000,00) (16,500.00) 2,070.00 2,070.00 Special Program Fund Second Quarter Budget Amendments October 1, 2004 - March 31, 2005 Amdmt Number Increasel Project (Decrease) Number Amount Intrafund Transfer Amount Description Net Budget Amendment Miscellaneous Programs: 22 99838 535,020.54 Special Events YR 03-04 - Record a $535,020.54 budget increase representing $522,761.28 in sales, $5,632.53 in donations, $700.00 in memberships registrations, and $5,926.73 in rentals to match budgeted revenues with actual revenues received, 535,020.54 23 99839 0.00 Metadata Grant - Program complete and will be closed at year-end, 0.00 24 99871 795,29 State Brownfield Redevelopment - Record a $795,29 budget increase in interest earnings to match budgeted revenues with actual revenues received. 795.29 Pinellas County Recycling Grant - Record a $58,691.00 transfer of recycling revenue representing a grant from Pinellas County to support capital, operations, and expand 25 99892 58,691.00 recycling promotion and education. 58,691,00 Juvenile Welfare Board. North Greenwood Teen 2005 - Establish an $82,500.00 budget recognizing revenue received from the Juvenile Welfare Board to establish a 10 week Summer Camp for economically disadvantaged children. 26 99893 82,500.00 Approved by City Council May 19, 2005 82,500.00 Juvenile Welfare Board. Ross Norton Teen 2005 - Establish a $33,000.00 budget recognizing revenue received from the Juvenile Welfare Board to establish a 10 week Summer Camp for economically disadvantaged children. Approved by City 27 99894 33,000.00 Council May 19, 2005 33,000.00 28 99898 500.00 Fire Dept Honor Guards - Record a $500.00 budget increase in donations to match budgeted revenues with actual revenues received. 500.00 38 Special Program Fund Second Quarter Budget Amendments October 1, 2004 - March 31, 2005 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Police - Outside Duty - Record a $85,249.50 budget increase in contractual services. $88,809.50 budget increase to match budgeted revenues with actual revenues received along with $3,560,00 budget and actual transfers to 181-99350 Vehicle Replacement Fund. The transfer reflects an additional charge of $10.00 per each Extra 29 99908 88,809.50 (3,560.00) Duty Job that requires a police vehicle, 85,249.50 Library Special Account. Record a $14,212.03 budget increase in donations to match budgeted revenues with actual 30 99910 14,212.03 revenues received. 14,212,03 Emergency Operations - Record a $1,733,895.56 budget increase representing FEMA reimbursement for hurricanes 31 99927 1,733,895.56 Charley, Frances and Jeanne expenditures. 1,733,895,56 Moccasin Lake Nature Park. To record a $1,373.13 budget increase representing $1,066,86 in sales and $306.27 in donations to match budgeted revenues with actual 32 99941 1,373.13 revenues received. 1,373.13 Park & Recreation Specified & Gift Program. Record a $48,713.97 budget increase representing $24,230.37 in sales, $18,367.46 in donations, $608.68 in admissions, $2,726.00 in memberships registrations and $2,781.46 in other refunds to match budgeted revenues with actual 33 99962 48,713.97 revenues received. 48,713,97 Economic Development Incentive Project - Record $609.84 budget increase in Other Refunds to match budgeted revenues with 34 99963 609.84 actual revenues received. 609.84 Tree Replacement Program - Record $1,968.00 budget increase in fees to match budgeted revenues with actual revenues 35 99970 1,968.00 received. 1,968.00 Trailer Park Fire - Program complete and will 36 99991 0.00 be closed at year-end 0.00 39 I n__J Amdmt Number 37 38 Increasel Project (Decrease) Number Amount 99992 0.00 99998 535.00 Miscellaneous Programs Total: 2,600,623.86 Special Program Fund Second Quarter Budget Amendments October 1, 2004 - March 31, 2005 Intrafund Transfer (3,560.00) Amount Description Fire Prevention - Program complete and will be closed at year-end. Safety Village - Record a budget increase of $535.00 in donations to match budgeted revenues with actual revenues received. Net Budget Amendment 0.00 535.00 2,597,063.86 Grand Totals: 2,700,448.02 0.00 40 2,700,448.02 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10101/2004 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 40,000 0 40,000 18,438 0 21,562 99142 Design Review 10,000 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 15,000 0 15,000 0 0 15,000 Sub-Total 110,050 110,050 0 110,050 52,348 0 57,702 PUBLIC SAFETY PROGRAMS 99285 Project Sentinel Satelite Phones 0 8,000 37 8,037 8,037 0 0 C 1 99287 Local Law Enforcement Block Gra 0 75,981 500 76,481 68,616 0 7,865 2 99288 Operacion Apoyo Hispano 2005 98,000 98,000 0 98,000 27,097 0 70,903 99289 Downtown Ambassadors 3,000 3,000 0 3,000 0 0 3,000 99290 Traffic Safety 970 1,072 125 1,197 886 0 311 3 99291 COPS Homeland Security 333,246 333,246 0 333,246 220,437 0 112,809 99292 Operacion Apoyo Hispano 2004 97,966 97,966 (37) 97,929 94,373 0 3,556 4 99293 Clearwater Youth Alcohol Initiative 6,350 6,350 0 6,350 6,144 0 206 99295 Jasmine Courts 100,000 200,000 0 200,000 172,715 0 27,285 99296 Violent Crime & Drug Control 45,000 45,000 0 45,000 32,881 0 12,119 99301 VOCA 2003 (5) (5) 0 (5) 0 0 (5) 99310 K-9 Equipment 18,258 19,258 0 19,258 16,864 0 2,394 99316 Police Volunteers 49,500 49,500 15,000 64,500 49,586 0 14,914 5 99317 Police Education Fund 893,299 914,129 8,492 922,622 814,905 24,151 83,566 6 99323 Weed & Seed 2001 175,000 175,000 0 175,000 170,907 0 4,093 99324 LLEBG FY02 235,047 236,024 64 236,088 236,088 0 0 C 7 99325 Citizen's Police Academy 29,113 29,113 5,000 34,113 24,675 0 9,438 8 99328 VOCA 2002 37,511 37,511 0 37,511 36,658 0 853 99329 Investigative Recovery Costs 1,118,074 1,197,666 37,462 1,235,128 864,047 3,408 367,673 9 99330 FL Contraband Forfeiture Fnd 462,270 569,318 74,478 643,797 396,650 0 247,147 10 99331 Law Enforcement Trust Fd 2,071,002 1,963,404 0 1,963,404 1,940,186 0 23,218 99332 Officer Friendly Program 113,593 127,234 295 127,529 112,349 58 15,122 11 99335 Operation Apoyo Hispanic 84,727 84,727 0 84,727 78,907 0 5,820 99350 Vehicle Replacement Fund 26,700 31,980 3,560 35,540 0 0 35,540 12 99353 DUI Education Program 3,000 3,000 0 3,000 1 ,420 0 1,580 99354 Law Enforcement 174,013 176,361 1,004 177,365 85,062 540 91,763 13 99356 Safe Neighborhood Program 220,645 320,645 (85,000) 235,645 177,086 0 58,559 14 99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 1,230 2,230 6,115 8,345 1,231 0 7,114 15 99387 Federal Forfeiture Sharing 262,240 264,819 9,440 274,259 235,558 0 38,701 16 99489 Americops 342,379 513,883 0 513,883 308,721 0 205,162 99938 Homeless Shelter 1,037,181 1,055,901 (18,720) 1,037,181 937,181 0 100,001 17 99947 Safe Neighborhood TV Specialist 338,647 338,647 60,000 398,647 324,256 0 74,391 18 8,396,956 8,997,962 117,814 9,115,776 7,462,412 28,157 1,625,208 COMMUNITY DEVELOPMENT 99402 Economic Development 2003 44,366 44,366 0 44,366 44,366 0 0 99403 Housing Rehab 2003 100,233 100,233 0 100,233 100,233 0 0 99404 Infill Housing 2003 0 0 0 0 0 0 0 99405 Public Facilities & Improvements ~ 441,238 441,238 0 441,238 398,004 34,870 8,364 99406 Public Services 2003 241,165 241,165 0 241,165 241,165 0 0 99407 Program Admin 2003 176,836 176,836 0 176,836 176,836 0 0 99408 Fair Housing 2003 8,543 8,543 0 8,543 8,543 0 0 99409 Demolition 2003 3,275 3,275 0 3,275 3,275 0 0 99410 Relocation 2003 61 61 0 61 61 0 0 99411 Economic Development 2004 424,209 424,209 0 424,209 64,806 500 358,903 99412 Housing Rehab 2004 116,234 116,234 0 116,234 41,642 0 74,592 41 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2004 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99413 Intill Housing 2004 235,914 235,914 0 235,914 (32,352) 0 268,266 99414 Public Fac & Imprvmts 2004 812,790 815,648 0 815,648 688,842 126,920 (114) 99415 Public Services 2004 177,000 174,142 0 174,142 166,529 7,613 0 99416 Program Administration 2004 328,252 328,252 0 328,252 157,482 0 170,770 99417 Fair Housing 2004 22,510 22,510 0 22,510 9,202 0 13,308 99418 Relocation 2004 45,177 45,177 0 45,177 0 0 45,177 99419 Demolition 2004 41,712 41,712 0 41,712 14,268 0 27,444 99420 Economic Development 2005 142,205 142,205 0 142,205 17,304 16,080 108,821 99421 Housing Consulting Service 15,000 115,000 0 115,000 0 0 115,000 99422 Housing Rehab 2005 200,000 186,985 0 186,985 45,806 0 141,179 99423 Intill Housing 2005 500 500 0 500 0 0 500 99424 Public Fac & Imprvmts 2005 338,245 300,848 0 300,848 505 213,141 87,202 99425 Public Svces 2005 171,450 171,450 0 171,450 62,754 108,696 0 99426 Program Admin 2005 228,600 215,997 0 215,997 72,911 0 143,087 99427 Fair Housing 2005 12,000 12,000 0 12,000 0 0 12,000 99428 Relocation & Demolition 50,000 50,000 0 50,000 0 0 50,000 99433 Infill Housing '97 561,486 561 ,486 0 561 ,486 561 ,486 0 0 99651 Economic Development 99,853 99,853 0 99,853 99,853 0 0 99652 Housing Rehabilitation 54,825 54,826 0 54,825 0 0 54,824 99653 Infill Housing '98 209,815 209,815 0 209,815 209,815 0 0 99661 Economic Development '99 163,655 163,655 0 163,655 163,655 0 0 99662 Housing Rehabilitation '99 38,146 38,146 0 38,146 38,146 0 0 99663 Home Ownership '99 101,243 101,243 0 101,243 101,243 0 0 99670 Housing Relocation 2000 7,568 7,568 0 7,568 7,568 0 0 99671 Economic Development 2000 18,682 18,682 0 18,682 18,682 0 0 99672 Housing Rehabilitation 2000 122,251 122,251 0 122,251 122,251 0 0 99673 Intill Housing 2000 21 ,378 21,378 0 21,378 21,378 0 0 99674 Public Facilities & Improv 2000 113,198 113,198 0 113,198 113,198 0 0 99675 Public Services 2000 150,723 150,723 0 150,723 150,723 0 0 99676 Program Administration 2000 194,547 194,547 0 194,547 194,547 0 0 99677 Fair Housing 2000 13,519 13,519 0 13,519 13,519 0 0 99678 Demolition 2000 9,565 9,565 0 9,565 9,565 0 0 99680 Housing Relocation 2001 18,200 18,200 0 18,200 18,200 0 0 99681 Economic Dvlopmt 2001 180,501 180,501 0 180,501 180,501 0 0 99682 Housing Rehabilitation 2001 44,941 44,941 0 44,941 44,941 0 0 99683 Infilling Housing 2001 31,082 31 ,082 0 31,082 31,082 0 0 99684 Public Facilities & Imprmts 2001 386,459 386,459 0 386,459 386,459 0 0 99685 Public Svces 2001 135,424 135,424 0 135,424 135,424 0 0 99686 Program Adm 2001 200,513 200,513 0 200,513 200,513 0 0 99688 Demolition 2001 0 0 0 0 0 0 0 99690 Economic Development 2002 260,703 260,703 0 260,703 225,703 0 35,000 99691 Housing Rehab 2002 99,093 99,093 0 99,093 99,093 0 0 99692 Infill Housing 2002 1,720 1,720 0 1,720 1,720 0 0 99693 Public Fac & Improvements 290,934 290,934 0 290,934 173,484 0 117,450 99694 Public Services 2002 190,158 190,158 0 190,158 190,158 0 0 99695 Program Adm 2002 215,708 215,708 0 215,708 215,708 0 0 99696 Fair Housing 2002 22,429 22,429 0 22,429 22,429 0 0 8,335,834 8,372,820 0 8,372,820 6,033,227 507,820 1,831,773 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 432,676 432,676 0 432,676 132,236 0 300,440 99557 Code Enforcement-N Grnwd '96 66,488 66,488 0 66,488 0 0 66,488 99559 EEOC Charge Resolution 230,690 230,690 (6,500) 224,190 224,190 0 0 C 19 99560 HUD Fair Housing Assistance 107,200 107,200 (10,000) 97,200 97,200 0 0 C 20 99562 HUD Special Education 30,000 30,000 0 30,000 25,000 0 5,000 99598 Challenge Loan Guarantee Fd 92,609 0 0 0 0 0 0 C 42 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2004 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99599 Infill Housing Developmt Pgm 475,194 209,136 0 209,136 209,136 0 0 C Sub-Total 1,434,857 1,076,190 (16,500) 1,059,690 687,762 0 371,928 MARINE 99704 Sembler Mitigation Project 535,224 549,858 0 549,858 24,426 115,515 409,917 99707 Beach Guard Donations 24,245 24,345 2,070 26,415 24,991 0 1 ,424 21 99710 CLW Marine Aquarium Improveml 50,000 50,000 0 50,000 48,519 0 1,481 Sub-Total 609,469 624,202 2,070 626,272 97,936 115,515 412,821 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 500,000 500,000 0 500,000 57,813 0 442,187 99804 City Manager's Flexibility Fund 467,332 467,332 0 467,332 280,198 0 187,134 99813 CPR Doll Donation 1,000 1,000 0 1,000 985 0 15 99821 JWB-Joe DiMaggio Teen 2001 114,743 96,467 0 96,467 96,467 0 0 C 99822 JWB-Norton Teen 2001 113,109 139,029 0 139,029 121,574 0 17,455 99827 United Way 2002 1,500 1,500 0 1,500 1 ,420 0 80 99828 Vulnerability Assessment 115,000 115,000 0 115,000 33,047 0 81,953 99830 Clearwater Pedestrian/Bicycle Coe 85,441 135,108 0 135,108 118,356 0 16,752 99834 Neighborhood SVces Grants 75,000 75,000 0 75,000 21,827 0 53,173 99835 JWB Programmer N. Greenwood 50,040 82,549 0 82,549 64,014 0 18,535 99837 Federal EPA Assessment 400,000 400,000 0 400,000 146,315 104,176 149,509 99838 Special Events FY 03-04 1,203,423 1,559,762 535,021 2,094,783 1,834,869 91,773 168,141 22 99839 Metadata Grant 9,000 9,000 0 9,000 9,000 0 0 23 99840 Cert Grant 2004 10,000 10,000 0 10,000 8,682 0 1,318 99843 Mgt Training Initiatives 0 421,547 0 421,547 126,533 2,520 292,494 99844 United Way 1,500 1,500 0 1,500 0 0 1,500 99845 Assistance to Firefighters Grant PI 0 418,925 0 418,925 0 0 418,925 99846 Economic Development - QTI 0 72,970 0 72,970 0 0 72,970 99847 JWB - Wood Valley Teens 0 31,572 0 31,572 10,539 0 21,033 99871 State Brownfields Redevelopment 140,021 141,706 795 142,501 29,934 1,126 111,441 24 99892 Pinellas County Recycling Grant 0 0 58,691 58,691 0 0 58,691 25 99893 JWB - N. Greenwood Teen 2005 82,500 82,500 0 0 82,500 26 99894 JWB - Ross Norton Teen 2005 33,000 33,000 0 0 33,000 27 99895 N. Greenwood Camp 2004 41,200 23,170 0 23,170 23,170 0 0 C 99896 Ross Norton Camp 2004 11,000 8,373 0 8,373 8,373 0 0 C 99898 Fire Dept Honor Guard 4,425 4,475 500 4,975 3,339 0 1,636 28 99899 GASB34 Implementation 138,000 188,000 0 188,000 0 0 188,000 99903 FROG Reissue Program 10,689 10,696 0 10,696 7,989 0 2,707 99908 Police - Outside Duty 2,123,265 2,330,891 85,250 2,416,141 2,542,381 0 (126,241) 29 99910 Library Special Account 348,533 381,830 14,212 396,042 307,983 7,358 80,701 30 99919 Waste Tire Grant 364,442 364,442 0 364,442 364,430 0 12 99925 Peg Access Support 689,898 709,898 0 709,898 588,115 23,215 98,568 99927 Emergency Operation 276,772 1,376,772 1,733,896 3,110,668 1,143,343 242,086 1,725,239 31 99928 Nagano Sister City Program 58,329 58,329 0 58,329 53,214 0 5,115 99931 Folk Art Festival 132,682 132,682 0 132,682 119,601 0 13,081 99939 Brownfield - Federal 500,000 500,000 0 500,000 369,852 51,013 79,135 99941 Moccasin Lake Nature Park 94,487 95,737 1,373 97,110 90,736 0 6,374 32 99950 IDB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99959 Safety Village Upgrade 14,785 14,785 0 14,785 10,589 0 4,196 99962 Parks & Rec Gift Giving Pgm 1,099,506 1,131,371 48,714 1,180,085 1,104,393 0 75,692 33 99963 Economic Development Incentive 255,070 187,627 610 188,237 52,608 0 135,629 34 99964 Sand Key Beach Vegetation 151,242 151,242 0 151,242 151,242 0 0 C 99966 Integrated Disability Mgmt Assessl 80,000 80,000 0 80,000 40,000 0 40,000 99968 Cleveland Street Maintenance 49,000 59,000 0 59,000 22,338 0 36,662 43 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2004 to March 31, 2005 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2004 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99970 Tree Replacement Project 601,780 624,124 1,968 626,092 440,042 0 186,050 35 99978 Mainstreet Program 12,238 12,573 0 12,573 0 0 12,573 99979 Historical Facade Program 80,521 80,956 0 80,956 66,074 5,000 9,882 99982 EMS Incentive/Recognition 30,275 35,925 0 35,925 13,569 2,500 19,856 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 30,332 0 19,668 99986 Mediterranean Village 468,264 468,264 0 468,264 240,639 61,886 165,739 99988 Increment Revenue - IMR 302,402 302,402 0 302,402 0 0 302,402 99991 Trailer Pk Fire 65,000 0 0 0 0 0 0 C 36 99992 Fire Prevention 15,000 0 0 0 0 0 0 C 37 99995 Water Conservation Devices 100,000 100,000 0 100,000 78,431 0 21,569 99997 Main Library Field Trust 115,571 115,571 0 115,571 0 0 115,571 99998 Safety Village 23,191 24,216 535 24,751 21,336 0 3,415 38 11,648,809 14,357,450 2,597,064 16,954,514 10,888,521 592,653 5,473,340 TOTAL ALL PROJECTS 30,535,974 33,538,675 2,700,448 36,239,122 25,222,207 1,244,145 9,772,771 44 ~-~ Revenues Transfer from Capital Improvement Fund Appropriation of Designated Reserves Exoenditures Transfer to Capital Improvement Fund City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year Amendments FY 2004/05 Increasel (Decrease) Descriotion Mid Year amendments of $10,819 reflect the return of funds from the Capital Improvement Fund. Undesignated Special Development Fund reserve revenue of $10,819.00 is returned from the Community Sports Complex project, 315-92829. The Phillies paid 50% of the cost of a "lift" at the sports complex and Special Development Fund revenue is $10,819 therefore returned for reappropriation. This revenue amendment reflects the allocation of $1,226,066 of Recreation Land Impact Fees and $723,984 of Open Space Impact Fees from designated fund reserves for the Capital Improvement Fund project 315- 93130, Joe DiMaggio Land Purchase. The Council approved the purchase and transfer of these funds at the April 21, 2005 meeting. At the April 7, 2005 meeting the Council approved a $52,000 transfer of Recreation Facility Impact Fees to the Capital Improvement Fund project Ross Norton Complex, 315-93253, to cover increased $2,002,050 construction costs. $ 2,012,869 Net Revenue Amendments $ This expenditure amendment reflects the allocation of $1,226,060 of Recreation Land Impact Fees and $723,984 of Open Space Impact Fees for the Capital Improvement Fund project 315-93130, Joe DiMaggio Land Purchase. The Council approved the purchase and transfer of these funds at the April 21, 2005 meeting. At the April 7, 2005 meeting the Council approved a $52,000 transfer of Recreation Facility Impact Fees to the Capital Improvement Fund project Ross Norton Complex, 315-93253, to cover $2,002,050 increased construction costs. 2,002,050 Net Expenditure Amendments 45 SPECIAL REVENUE FUNDS Mid Year: October 1, 2004 - March 31, 2005 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2004/05 2004/05 2004/05 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,480,100 2,480,100 2,480,100 Infrastructure Tax 9,962,000 9,962,000 9,962,000 County Reimbursement - Fire Tax 171,440 171,440 171,440 Interest Earnings 250,000 250,000 250,000 Open Space Fees 126,250 126,250 126,250 Recreation Facility Impact Fees 16,670 16,670 16,670 Recreation Land Impact Fees 15,600 15,600 15,600 Transportation Impact 282,500 282,500 282,500 Local Option Gas Tax 927,060 927,060 927,060 Appropriation of Designated Reserves 1,575,060 1,903,060 3,905,110 2,002,050 Appropriation of Undesignated Reserves 0 2,500,000 2,500,000 Transfer-In from Capital Improvement Plan 0 10,738 21,557 10,819 15,806,680 18,645,418 20,658,287 2,012,869 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,480,100 2,480,100 2,480,100 Infrastructure Tax 4,561,500 4,561,500 4,561,500 Transportation Impact fees 290,000 618,000 618,000 Open Space Impact fees 0 0 723,984 723,984 Recreation Facility Impact fees 0 0 52,000 52,000 Recreation Land Impact fees 0 0 1,226,066 1,226,066 Local Option Gas Tax 925,000 925,000 925,000 Undesignated Special Development Fund 0 2,500,000 2,500,000 Transfer to Special Program Fund 0 0 0 Debt Service on Penny for Pinellas Bonds 6,968,060 6,968,060 6,968,060 15,224,660 18,052,660 20,054,710 2,002,050 46 SPECIAL REVENUE FUNDS Mid Year: October 1, 2004 - March 31, 2005 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2004/05 2004/05 2004/05 Amendments SPECIAL PROGRAM FUND Revenues: CDBG Grant 1,143,000 1,079,985 1,079,985 Home Funds 584,000 584,000 584,000 Grant Funds 0 771,927 887,427 115,500 Police Fines and Court Proceeds 0 202,588 332,460 129,872 Donations 0 240,676 283,835 43,158 Sales 0 176,227 724,286 548,059 Rentals 0 7,810 13,737 5,927 Sponsorships 0 23,786 23,786 Admissions 0 601 1,210 609 Memberships/Registrations 0 2,371 5,797 3,426 Contractual Services 0 235,250 326,028 90,778 Interest Earnings 100,000 183,323 185,686 2,363 General Fund 0 210,332 175,112 (35,220) Other Refunds 0 0 3,391 3,391 Central Insurance Fund 0 1,100,000 1,100,000 0 FEMA Reimbursement 0 0 1,733,896 1,733,896 Community Redevelopment Agency 0 10,825 10,825 Recycling Fund 0 0 58,691 58,691 Transfers from General Fund 0 United Way Program 1,500 1,500 1,500 Sister City Program 3,000 3,000 3,000 City Manager's Feasibility Fund 100,000 100,000 100,000 Special Event Funding 75,000 75,000 75,000 Homeless Shelter Program 100,000 100,000 100,000 Neighborhood Services 25,000 25,000 25,000 Americorp COPS - Matching Funds 40,000 40,000 40,000 2,171,500 5,174,201 7,874,649 2,700,448 Expenditures: CDBG Grant 1,143,000 1,179,985 1,179,985 Home Program 584,000 584,000 584,000 Grant Proceeds 0 0 0 Public Safety 0 1,557,109 1,779,393 222,284 Social Services 0 -358,667 -375,167 (16,500) Marine 0 14,734 16,804 2,070 Parks & Recreation 101,985 267,572 165,587 Sister City Program 3,000 3,000 3,000 Emergency Operations 1,100,000 2,833,896 1,733,896 General Fund 0 0 United Way Program Fund 1,500 1,500 1,500 City Manager's Feasibility Fund 100,000 100,000 100,000 Neighborhood Grants 25,000 25,000 25,000 Special Event Funding 75,000 463,204 998,225 535,021 Homeless Shelter Program 40,000 58,720 40,000 (18,720) Americorp COPS - Matching Funds 100,000 100,000 100,000 Other Miscellaneous Programs 143,630 220,441 76,811 2,071,500 5,074,201 7,774,649 2,700,448 LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds 836,000 836,000 836,000 Expenditures: SHIP Program 836,000 836,000 836,000 836,000 836,000 836,000 0 47 _..-...........----~--- ..--<- City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2004/05 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 order have been administratively approved since the last report to the Council based on the code specified criteria: 03/07/05 03/10/05 03/15/05 03/15/05 03/18/05 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 anyone change or cumulatively for the same project. ***** Administrative Change Order No.2 & Final - Courtney Campbell Causeway & Damascus Road Beach Entrance (03-0051-EN). This change order increases the contract by $55,303.73 for actual supply quantities of some items and decreases the contract by $72,943.40 for actual quantities of other supplies and the unused portion of the contingency fee. The net result is a $17,639.67 decrease in the contract amount. David Nelson Construction Company, Inc. -$17,639.67 Administrative Change Order No. 1 - Area "P" Gravity Sewer System Improvements (02-0049-UT). This change order increases the contract by $40,138.92 for an emergency repair and additional work to repair collapsed gravity mains, Rowland, Inc. $40,138.92 Administrative Change Order No. 1 & Final - Lift Stations #9 & #10 Improvements (Ol-0059-UT), This change order increases the contract by $32,500.00 for additional work due to field conditions and decreases the contract by $75,589.00 for actual quantities of other supplies and the unused portion of the contingency fee. The change order also grants a 30 day time extension. The net result is a $43,089.00 decrease in the contract amount. TLC Diversified, Inc. -$43,089.00 Administrative Change Order No. 2 & Final - Lift Stations #37 & 43 Rehabilitation Project (02-0009-UT). This change order increases the contract by $985.50 for additional work due and supplies and decreases the contract by $67,786.00 for actual quantities of other supplies and the unused portion of the contingency fee. The net result is a $66,800.50 decrease in the contract amount. TLC Diversified, Inc. -$66,800.50 Administrative Change Order No. 1 - Seville/Sunset Drive Reclaimed Water Project (02-0103-UT), This change order increases the contract by $10,798.97 for design fees to add this service for a street that was not part of the original contract. Danella Companies, Inc. $10,798.97 48 04/18/05 04/26/05 OS/2/05 05/10/05 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2004/05 Administrative Change Order No. 2 - Seville/Sunset Drive Reclaimed Water Project (02-0J03-UT). This change order increases the contract by $125,400.00 to add an additional water main that will provide fIre support and which was not part of the original contract. Danella Companies, Inc. $125,400.00 Administrative Change Order No. 14 & Final - 200i Sidewalk / Curb Replacement Contract (Oi-002i-EN & 03-0070-EN). This change order decreases the contract by $107,697.10 for actual supply quantities used to complete this contract. Keystone Excavators, Inc. -$107,697.00 Administrative Change Order No. I & Final - St. Petersburg College Sanitary Sewer Replacement (02-0094-UT). This change order decreases the contract by $7,264.00 for the unused contingency fee which was not required to finish this contract. Murphy Pipeline Contractors -$7,264.00 Administrative Change Order No.4 & Final - Harbor Oakes Reclaimed Water (Oi-0054-UT). This change order increases the contract by $263,644.39 for additional work due to fIeld conditions and supplies used and decreases the contract by $1,111,160.19 for actual quantities of other supplies and the unused portion of the contingency fee. The net result is a $847,515.80 decrease in the contract amount for this completed contract. Rockdale Pipeline, Inc. -$847,515.80 49 ORDINANCE NO. 7464-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER FUND, SOLID WASTE FUND, GAS FUND, RECYCLING FUND, MARINE & AVIATION FUND, PARKING FUND, GENERAL SERVICES FUND, GARAGE FUND AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2005, for operating purposes, including debt service, was adopted by Ordinance No. 7338-04; and WHEREAS, at the Mid Year Review it was found that increases and decreases are necessary in the total amount of $15,842,247 for revenues and $13,235,928 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. 7338-04 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2004 and ending September 30, 2005 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Attest: Cynthia E. Goudeau, City Clerk Pamela K. Akin, City Attorney 50 n~~;~~n~Q M~ ~A~~_n~ ORDINANCE NO. 7465-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, TO REFLECT A NET INCREASE OF $1,736,856 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2005 was adopted by Ordinance No. 7339-04; 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. 7339-04 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2004 and ending September 30, 2005, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance #7465-05 1;, EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2004/05 2004/05 2004/05 Amendments Police Protection 181,000 178,956 607,774 428,818 Fire Protection 2,298,700 2,339,222 2,046,869 -292,353 Major Street Maintenance 5,610,100 15,724,205 16,087,115 362,910 Sidewalks & Bike Trails 0 0 63,184 63,184 Intersections 485,000 485,000 485,000 Parking 300,000 186,348 -1,213,652 -1,400,000 Miscellaneous Engineering 35,000 31,133 31 ,133 Leisure/Land Acquisition 0 200,000 2,150,050 1,950,050 Park Development 2,437,500 2,596,250 2,4 76,321 -119,929 Marine Facilities 330,000 323,064 323,064 Airpark Facilities 10,000 30,000 30,000 Libraries 554,840 602,624 603,267 643 Garage 3,272,500 3,621,173 3,621,173 Maintenance of Buildings 642,400 653,878 645,878 -8,000 General Public Buildings & Equipment 0 0 272,236 272,236 Miscellaneous 658,000 2,814,089 2,930,089 116,000 Stormwater Utility 6,294,990 5,577 ,202 5,724,218 147,016 Gas System 4,670,000 4,670,000 4,670,000 Solid Waste 535,000 604,769 604,769 Utilities Miscellaneous 227,000 227,000 227,000 Sewer System 14,308,670 14,563,837 14,890,117 326,280 Water System 14,571,160 14,572,408 14,462,408 -110,000 Recycling 225,000 252,105 252,105 TOTAL 57,646,860 70,253,263 71,990,119 1,736,856 --5~~L~~_~__ _ _ ~. __~CUrtinanceJt7465-n5 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2004/05 2004/05 2004/05 Amendments GENERAL SOURCES: General Operating Revenue 2,042,700 2,380,372 2,916,583 536,212 General Revenue/County Co-op 554,840 554,840 554,840 Special Development Fund 0 2,500,000 2,489,181 -10,819 Community Redevelopment Agency 0 1,490,929 1,490,929 Road Mileage 2,480,100 2,480,100 2,480,100 Recreation Facility Impact Fee 0 -6,871 45,129 52,000 Recreation land Impact Fee 0 0 1,226,066 1,226,066 Open Space Impact Fee 0 0 723,984 723,984 Penny for Pinellas 4,561,500 5,185,002 5,185,002 Transportation Impact Fees 290,000 618,000 618,000 Development Impact Fees 0 -3,867 -3,867 local Option Gas Tax 925,000 925,000 925,000 Grants - Other Agencies 450,000 1,246,690 1,472,784 226,094 Property Owner's Share 0 6,100 44,990 38,890 Developer's Share 0 1,142,000 1,151,237 9,237 Donations 200,000 260,000 260,000 Interest 0 17,784 18,427 643 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 225,000 239,760 239,760 Parking Revenue 310,000 310,000 -1,090,000 -1,400,000 Harbor view Revenue 100,000 100,000 100,000 Utility System: Water Revenue 1,833,730 1,855,030 1,855,030 Sewer Revenue 4,796,700 4,804,919 4,804,919 Water Impact Fees 250,000 250,000 250,000 Water R & R 1,022,770 1,022,770 1,022,770 Sewer Impact Fees 585,000 585,000 585,000 Sewer R&B 1,068,190 1,068,190 1,068,190 Stormwater Utility 1,383,410 1,337,929 1,337,929 Gas Revenue 4,685,000 4,685,000 4,685,000 Solid Waste Revenue 425,000 3,931,000 3,931,000 Recycling Revenue 90,000 90,000 90,000 Grants 2,966,160 5,604,327 5,772,106 167,779 Contractor Share 0 8,632 8,632 Donations 0 25,000 25,000 INTERNAL SERVICE FUNDS: Garage Fund 10,000 358,673 358,673 Administrative Services Fund 263,000 251,656 251,656 General Services Fund 0 100,000 100,000 Central Insurance Fund 0 2,000,000 2,000,000 55 Ordinance # 7465-05 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05 Original Budget 2004/05 First Qtr Amended Budget 2004/05 Mid Year Amended Budget 2004/05 Amendments BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 716,000 800,613 820,613 20,000 Penny for Pinellas Bond 0 -623,502 -623,502 0 0 0 SELF-SUPPORTING FUNDS: Lease Purchase - Parking 0 -113,652 -113,652 Lease Purchase - Water 460,000 460,000 350,000 -110,000 Lease Purchase - Sewer 38,000 38,000 38,000 Lease Purchase - Stormwater Utility 30,000 43,295 13,295 -30,000 Lease Purchase - Solid Waste 110,000 179,769 179,769 Lease Purchase - Recycling 135,000 162,105 162,105 Future Bond Issue - Water & Sewer 16,093,680 16,093,680 16,411,960 318,280 Bond Issue - Stormwater 4,948,580 1,898,590 1,898,590 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 3,272,500 3,272,500 3,272,500 Lease Purchase - Administrative Sacs 325,000 617,900 586,390 -31,510 TOTAL ALL FUNDING SOURCES: 57,646,860 70,253,263 71,990,119 1,736,856 56 Ordinaoce # 7465-05 Property Taxes Franchise Fees Utilitv Taxes Licenses & Permits Interaovernmental: Sales Taxi Communications Svcs TaxlOther Charaes for Service Fines & Forfeitures Increase/ (Decrease) 739,230 (258,300) 300,000 (56,950) (600,000) City of Clearwater General Fund Revenues Mid Year Amendments FY 2004/05 Description Property taxes are approximately as estimated at mid year. No amendments are proposed at this time. Actual collections of Progress Energy franchise fees are $208,880, or 8% more than last year's collections at the end of March. Electrical franchise fees are estimated to be approximately $645,000 more than originally estimated for the year. In addition, gas franchise fee revenues are anticipated to be approximately $94,000 over current estimates for the year. The total estimated increase for franchise fees is $739,230 for the year. Utility tax revenues are slightly less than estimated at mid year, and are anticipated to be approximately $258,300 less than estimated for the year. Building permits are estimated to be approximately $300,000 higher than anticipated for the year, reflecting the strong redevelopment process occurring throughout the City. The positive variance in Sales Tax collections is due to a timing difference in the reversal of last year's accrual. Telecommunications tax collections are approximately as budgeted. No amendments are proposed at this time. The budget amendment reflects the following decreases: $25,850 in Ross Norton revenues due to the delay of opening from January to May, that is offset by an equal decrease in expenditures; $19,100 representing the balance of UPARC monthly fees that were forgiven 10/1/2004, and $12,000 representing rent revenues from Clearwater For Youth that were forgiven 4/21/2005. The forgiven revenues are offset by increases of other revenues. The net budget amendment is a decrease of $56,950. The budget adjustment reflects the loss of over $300,000 of criminal fine revenues that are remaining with Pinellas County effective July 2004. In addition, the amendment reflects the transfer of Parking fine revenue to the Parking Fund to offset the cost of enforcement and collections. The excess funds are returned to the General Fund at year end and the related revenue amendment is recognized below in the "Transfer In" category. 3 Increase/ (Decrease) Interest Income Miscellaneous Transfers In 499,230 L___ City of Clearwater General Fund Revenues Mid Year Amendments FY 2004/05 DescriDtion No amendments are recommended at this time. No amendments are recommended at this time. The budget amendments include a transfer of $339,010 from Special Program project 181-99927, Emergency Operations, representing reimbursements from FEMA and the state for expenditures incurred in fiscal year 2005 related to hurricanes Jeanne, Frances and Charley. Amendments also include the transfer of $125,000 from the Parking Fund for the year's parking fine revenues in excess of parking enforcement and collection costs. In addition, amendments include the following transfers from the Special Program Fund: $6,500 from project 181- 99559, EEOC Charge Resolution and $10,000 from project 181-99560, HUD Fair Housing Assistance to transfer reimbursement revenue to the General Fund where the related expenditures occurred and close the projects; $18,720 from the project for the Homeless Shelter, 181- 99938. Payments in lieu of taxes (PILOT) received from Clearwater Housing Authority in fiscal year 2004 were transferred to the project twice, at both third quarter of 2004 and at first quarter of 2005. This reverses one of those transfers. The net budget increase is $499,230. 4 Transfer (to) from Retained Earninas Increase/ (Decrease) 1,357,480 1,980,690 City of Clearwater General Fund Revenues Mid Year Amendments FY 2004/05 Description The budget amendment reflects the following appropriations of retained earnings: $428,820 to CIP project 315-91148, Hurricane Shutters to harden the Police headquarters building as approved 3/17/2005; $121,550 for Fire Department retirement and severance payouts; $963,630 for Fire Department personal services increases due to the IAFF contract approved 5/19/2005; $46,260 to the Human Resources Department for legal assistance with contract negotiations approved 5/19/2005; $42,000 to the Planning Department to add an architect approved 3/3/2005; $41,380 to Development & Neighborhood Services to fund two fire inspectors approved 5/5/2005; $31,600 to the Development and Neighborhood Services Department to fund an additional inspector approved 5/19/2005; $11,390 to CIP project 315-94617, Fire Stations & MSB Generators to complete funding needed to purchase and install standby generators as approved 4/21/2005. These are reduced by the return of $18,720 from the Special Program project for the Homeless Shelter, 181- 99938, the return of $10,000 from the Special Program project HUD Fair Housing Assistance, 181-99560, and the return of $6,500 from the Special program project EEOC Charge Resolution, 181-99559. These above amendments net of other increases in anticipated General Fund revenues, particularly in franchise fees, result in a net increase in the allocation of retained earnings of $1,357,480. 5 EXHIBIT A 2004-05 BUDGET REVENUE First Quarter Mid Year Original Amended Amended Budget Budget Budget 2004/05 2004/05 2004/05 Amendments General Fund: Property Taxes 38,852,560 38,852,560 38,852,560 Franchise Fees 7,335,000 7,335,000 8,074,230 739,230 Utility Taxes 10,654,730 10,654,730 10,396,430 -258,300 Licenses & Permits 3,544,500 3,544,500 3,844,500 300,000 Sales Tax 6,288,410 6,288,410 6,288,410 Communications Services Tax 6,825,000 6,825,000 6,825,000 Intergovernmental Revenues 9,347,440 9,347,440 9,347,440 Charges for Current Services 3,745,800 3,744,170 3,687,220 -56,950 Fines, Forfeitures or 1,611,120 1,611,120 1,011,120 -600,000 Penalties 429,000 429,000 429,000 Miscellaneous Revenues 547,980 547,980 547,980 Interfund Transfer 13,313,910 13,724,510 14,223,740 499,230 Transfer from Surplus 0 617,750 1,975,230 1 ,357,480 Total, General Fund 102,495,450 103,522,170 105,502,860 1,980,690 Special Revenue Funds: Special Development 15,806,680 18,645,418 20,658,287 2,012,869 Special Program Fund 2,171,500 5,174,201 7,874,649 2,700,448 Local Housing Asst Trust Fund 836,000 836,000 836,000 Utility & Other Enterprise Funds: Water & Sewer Fund 52,116,110 52,145,630 52,167,170 21,540 Stormwater Utility Fund 10,274,910 10,315,810 10,792,050 476,240 Solid Waste Fund 16,685,300 20,251,800 20,621,340 369,540 Gas Fund 33,519,890 36,902,280 41,858,260 4,955,980 Recycling Fund 2,429,200 2,514,200 2,656,890 142,690 Marine and Aviation Fund 3,485,190 3,499,950 3,699,950 200,000 Parking Fund 4,902,720 4,902,720 6,623,600 1,720,880 Harborview Center Fund 2,216,370 2,216,370 2,216,370 Internal Service Funds: Administrative Services Fund 8,626,270 8,637,610 8,637,610 General Services Fund 3,491,960 3,619,900 3,661,270 41,370 Garage Fund 9,475,360 9,986,370 10,106,370 120,000 Central Insurance Fund 18,507,870 21,607,870 22,707,870 1,100,000 Total, All Funds 287,040,780 304,778,299 320,620,546 15,842,247 Ordinance #7464-05 51 EXHIBIT A (Continued) 2004-05 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2004/05 2004/05 2004/05 Amendments General Fund: City Council 291,470 291,470 291,470 City Manager's Office 807,920 832,920 832,920 City Attorney's Office 1,450,910 1,450,910 1,450,910 City Audit 138,470 138,470 138,470 Development & Neighborhood Svcs 3,585,750 3,585,750 3,658,730 72,980 Economic Development & Housing Svc 1,525,230 1,500,230 1,500,230 Equity Services 412,200 412,200 412,200 Finance 2,041,390 2,041,390 2,041,390 Fire 17,635,380 18,102,610 19,282,510 1,179,900 Human Resources 1,182,500 1,182,500 1 ,228,760 46,260 Library 5,818,060 5,874,060 5,874,060 Marine & Aviation 448,580 448,580 448,580 Non-Departmental 4,668,910 5,106,650 5,546,860 440,210 Office of Management & Budget 310,150 310,150 310,150 Official Records & Legislative Svcs 1,178,440 1 ,178,440 1,178,440 Parks & Recreation 18,188,010 18,153,010 18,168,580 15,570 Planning 1,244,650 1,244,650 1,286,650 42,000 Police 31,326,230 31,426,980 31,576,240 149,260 Public Communications 911,480 911,480 911,480 Public Works Administration 9,329,720 9,329,720 9,364,230 34,510 Total, General Fund 102,495,450 103,522,170 105,502,860 1,980,690 Special Revenue Funds: Special Development Fund 15,224,660 18,052,660 20,054,710 2,002,050 Special Program Fund 2,071,500 5,074,201 7,774,649 2,700,448 Local Housing Asst Trust Fund 836,000 836,000 836,000 Utility & Other Enterprise Funds: Water & Sewer Fund 52,116,110 52,145,630 52,145,630 Stormwater Utility Fund 9,384,600 10,156,420 10,668,440 512,020 Solid Waste Fund 16,251,190 19,893,860 20,274,690 380,830 Gas Fund 33,383,160 33,720,830 38,536,210 4,815,380 Recycling Fund 2,335,940 2,411,140 2,562,470 151,330 Marine and Aviation Fund 3,413,500 3,428,260 3,628,260 200,000 Parking Fund 4,208,720 4,208,720 4,553,720 345,000 Harborview Center Fund 2,216,370 2,216,370 2,216,370 Internal Service Funds: Administrative Services Fund 8,570,380 8,581,720 8,581,720 General Services Fund 3,491,960 3,591,960 3,620,140 28,180 Garage Fund 9,475,360 9,986,370 10,106,370 120,000 Central Insurance Fund 17,541,250 20,641,250 20,641,250 Total, All Funds 283,016,150 298,467,561 311,703,489 13,235,928 Ordinance #7464-05 52 fN Z It) ,d City Council ,,_~g,~,~,~a c~,~~,~=,,~emor~!!,!Jwu m 'X, """'_=M= Tracking Number: 1,385 Actual Date: 06/16/2005 Subject / Recommendation: Adopt Resolution 05-28 supplementing ordinance 6876-01 to authorize not to exceed $15 million in improvement revenue bonds, Summary: Ordinance 6876-01 authorizes the issuance of bond pledging public service tax revenues. The City is in the process of implementing Beach by Design, which requires significant capital expenditures for which the City could potentially issue bonds to pay all or part of the costs. This resolution authorizes the City to issue up to $15 million in improvement revenue bonds. This resolution authorizes and directs the City's Bond Counsel, with the assistance of the City Attorney, to obtain a judgment validating the issuance of the bonds. Any bonds to be issued must be further authorized by a subsequent resolution. The complete resolution is attached, Originating: Finance Section Other items on City Manager Reports Category: Bonding Public Hearing: No Financial Information: ~ Debt - Bond Review Approval Maraie Simmons 06-03-2005 10:47:42 Garrv Brumback 06-06-2005 09:27:22 Pam Akin 06-06-2005 07:55:57 Bill Horne 06-06-2005 10:37:23 Cyndie Goudeau 06-06-2005 10:55:49 RESOLUTION NO. 05-28 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUPPLEMENTING ORDINANCE NO. 6876-01 TO AUTHORIZE NOT TO EXCEED $15,000,000 IN PRINCIPAL AMOUNT OF IMPROVEMENT REVENUE BONDS, SERIES [TO BE DETERMINED]OF THE CITY OF CLEARWATER, FLORIDA, TO BE ISSUED AS ADDITIONAL PARITY OBLIGATIONS OF THE CITY PURSUANT TO ORDINANCE NO. 6876-01; PLEDGING THE PUBLIC SERVICE TAX REVENUES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MA TIERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. AUTHORITY FOR THIS RESOLUTION: RESOLUTION TO BE SUPPLEMENTAL. This Resolution is adopted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act") and the Original Ordinance (as hereinafter defined). This Resolution is supplemental to the Original Ordinance and all provisions of the Original Ordinance not supplemented by the provisions hereof shall (a) remain in full force and effect, (b) apply to the Bonds (as hereinafter defined) issued pursuantto the Original Ordinance and this Resolution to the same extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter defined, and (c) are incorporated herein by reference as if fully set forth. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this Resolution shall have the meanings specified in this section, and any capitalized terms not defined herein shall have the meanings specified in Section 2 of the Original Ordinance. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Beach by Design Ordinance" shall mean, collectively, Ordinance No. 6689-01, as supplemented by Ordinance No. 6917-01, as further supplemented by Ordinance No. 7294-01 and as further supplemented from time to time. Resolution No. 05-28 1 "Beach by Design Plan" shall mean, collectively, the Design for Clearwater Beach and Design Guidelines, as adopted pursuant to the Beach by Design Ordinance, as amended from time to time, within the boundaries of the special area plan as designated by the Beach by Design Ordinance. "Developers" shall mean one or more non-governmental persons with whom the Issuer enters into a Development Agreement in order to implement some or all of the Beach by Design Plan. "Developer Agreement" shall mean those Developer Agreements by and between the Issuer and one or more Developers, for the purpose of implementing all or any portion of the Beach by Design Plan. "Original Ordinance" shall mean City of Clearwater Ordinance No. 6876-01 as thereafter amended and supplemented from time to time in accordance with the provisions thereof. "Parity Bonds" shall mean the outstanding Improvement Revenue Refunding Bonds, Series 20m, dated October IS, 2001, and any Additional Parity Obligations issued under the authority of the Original Ordinance in addition to the Series 2005 Bonds. "Resolution" shall mean this Resolution No. 05-28 of the Issuer as hereafter amended and supplemented from time to time in accordance with the provisions hereof. "Series 2005 Bonds" shall mean the not to exceed $15,000,000 in principal amount of Additional Parity Obligations authorized under the Original Ordinance ad this Resolution, and issued hereafter in accordance with the provisions of the Original Ordinance and this Resolution. "Series 2005 Projects" shall mean those public infrastructure improvements and other capital improvements that are to be completed by the Issuer, or the costs of which are to be reimbursed to a Developer pursuant to a Development Agreement for the Developer's completion thereof, consisting of, but not limited to, (i) parking garage access improvements, (ii) reconstruction, relocation or realignment of public roadways and rights of way, including the vacating of public rights of way, (iii) pedestrian walkways and related improvements to South Gulf View and Beach Walk, and (iv) other capital improvements necessary to implement the Beach by Design Plan as set forth in and approved by the Beach by Design Ordinance. SECTION 3. FINDINGS. It is hereby found, determined and declared that: (A) The Issuer has heretofore enacted the Original Ordinance authorizing the issuance of certain obligations to be secured by and payable from the Pledged Revenues, and providing for the issuance of Additional Parity Obligations, upon the conditions set forth therein, to be payable on a parity from such Pledged Revenues. Resolution No. 05-28 2 - ----.-- I (B) It is in the best interest of the Issuer to authorize the issuance of the Series 2005 Bonds and the Series 2005 Projects to be funded with the proceeds of such Series 2005 Bonds. (C) Such Bonds shall be payable from the Pledged Revenues on a parity with the then outstanding Parity Bonds. (D) The principal of and interest and redemption premium on the Bonds and all reserve and other payments shall be payable solely from the Pledged Revenues, The Issuer shall never be required to levy ad valorem taxes on any real or personal property therein to pay the principal of and interest on the Bonds herein authorized or to make any other payments provided fro herein. The Bonds shall not constitute a lien upon any properties owned by or located within the boundaries of the Issuer or upon any property other than the Pledged Revenues. (E) The Pledged Revenues should be sufficient to pay all principal of and interest on the Bonds issued hereunder, as the same become due, and to make all required deposits and other payments required by this Resolution and the Original Ordinance. (F) The Original Ordinance, in Section 20(F) thereof, provides for the issuance of Additional Parity Obligations under the terms, limitations and conditions provided therein. (G) The Issuer has complied with the terms, conditions and restrictions contained in the Original Ordinance. The Issuer is, therefore, legally entitled to issue the Bonds as Additional Parity Obligations within the authorization contained in the Original Ordinance. (H) The Issuer has held numerous public hearings and has received and considered significant public input as part of the adoption of the Beach by Design Plan and enacting the Beach by Design Ordinance. (I) Based on the requirements of the Beach By Design Plan and the public input received as part of the creation and adoption of the Beach By Design Plan, the City Council has determined that certain infrastructure and other capital improvements should either be undertaken by the City or undertaken by a Developer pursuant to a Development Agreement subject to reimbursement by the Issuer upon completion, which infrastructure and other capital improvements are directly related to the public health and safety of the citizens, residents and visitors to the City of Clearwater or constitute an industrial development project through the promotion of the economic development of the City of Clearwater. SECTION 4. THE RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Bonds by the Bondholders from time to time, this Resolution and the Original Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Bondholders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of Resolution No. 05-28 3 which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions hereof and the Original Ordinance and as shall be described in subsequent resolutions of the Issuer to be adopted prior to the issuance of any Series 2005 Bonds, obligations of the Issuer to be known as "Improvement Revenue Bonds, Series 2005" are authorized to be issued. The aggregate amount of the Series 2005 Bonds which may be executed and delivered under the Original Ordinance and this Resolution shall not exceed $15,000,000. The Issuer may, by subsequent resolution, provide a year designation to any series of Series 2005 Bonds other than "2005" to correspond to the actual calendar year in which such Series of Series 2005 Bonds are issued. SECTION 6. FORM OF THE BONDS. The Bonds shall be substantially in the form of Bond approved by the Original Ordinance, with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by the Original Ordinance or by any supplemental resolution adopted prior to the issuance thereof. SECTION 7. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. The Series 2005 Bonds shall for all purposes (except as herein expressly provided) be considered to be Additional Parity Obligations issued under the authority of the Original Ordinance and in accordance with such subsequent resolution to be adopted, and shall be entitled to all the protection and security provided therein for the Parity Bonds, and shall be in all respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds. The covenants and pledges contained in the Original Ordinance shall be applicable to each Series of the Series 2005 Bonds in like manner as applicable to the Parity Bonds. The principal of and interest on each Series of Series 2005 Bonds shall be payable from the Sinking Fund established in the Original Ordinance on a parity with the Parity Bonds, and payments shall be made into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and interest on the Parity Bonds and such Series of Series 2005 Bonds as such principal and interest become due. SECTION 8. COVENANTS OF THE ISSUER. The provisions of Section 20 of the Original Ordinance shall be deemed applicable to this Resolution and shall apply to the Series 2005 Bonds issued pursuant to the Original Ordinance and in accordance with this Resolution and any subsequent resolution, as though fully restated herein. Resolution No. 05-28 4 SECTION 9. TAX COVENANTS. (A) The Issuer covenants with the Registered Owners of the Series 2005 Bonds that it shall not use the proceeds of such Series 2005 Bonds in any manner which would cause the interest on such Series 2005 Bonds to be or become includable in the gross income of the Registered Owner thereof for federal income tax purposes. (B) The Issuer covenants with the Registered Owners of the Series 2005 Bonds that neither the Issuer nor any person under its control or direction will make any use of the proceeds of such Series 2005 Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series 2005 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and neither the Issuer nor any other person shall do any act or fail to do any act which would cause the interest on such Series 2005 Bonds to become includable in the gross income of the Registered Owner thereof for federal income tax purposes. (C) The Issuer hereby covenants with the Registered Owners of each Series 2005 Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from the gross income of the Registered Owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. SECTION 10. VALIDATION. The Issuer's Bond Counsel, with the assistance of the City Attorney, is hereby authorized and directed to obtain a judgment validating the issuance of the Series 2005 Bonds in accordance with Chapter 75, Florida Statutes. SECTION 11. SEVERABILITY. If anyone or more of the covenants, agreements, or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Ordinance or of the Bonds. SECTION 12. REPEAL OF INCONSISTENT INSTRUMENTS. All resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. Resolution No. 05-28 5 SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. Passed and adopted by the City Commission of the City of Clearwater, Florida, this _ day of June, 2005. Frank Hibbard, Mayor Attest: Cynthia E. Goudeau, City Clerk Approved as to form: City Attorney Resolution No. 05-28 6 la- 3 City Council _~da CO~~.~~..~,,~.!'1orandum .. o .. - Tracking Number: 1,394 Actual Date: 06/16/2005 Subject / Recommendation: Appoint a Councilmember as the Voting Delegate for the Florida League of Cities Annual Business Meeting to be held Saturday, August 20, 2005, Summary: The Florida League of Cities (FLC) will hold its annual conference August 18 - 20, 2005, at the Orlando World Marriott. The League is requesting the City appoint a Council member to be the City's voting delegate at the Annual Business Meeting to be held on Saturday August 20. While each city has one voting delegate the League's by-laws provide for each City's vote being determine by population, The 2004 population estimates from the University of Florida are used for this purpose, Originating: Official Rec and Legislative Svc Section Other items on City Manager Reports Category: Other Financial Information: ~ Other Review Approval Cvndie Goudeau 06-15-2005 14:51:49 CA- \ (RSv) City Council """,,_,_. A9!!_~,!!,~. Co,,~,L"'1~ morC!!l!!..!:!,..!!L_,_....._.,.. = 13 . l Tracking Number: 1,379 Actual Date: 06/16/2005 Subiect / Recommendation: Continue adoption of Ordinance 7445-05, amending the Community Development Code; amending Article 6, Nonconformity Provisions, Section 6-109.6, Termination of Status as a Nonconformity; providing that upon reconstruction of structures which are nonconforming with respect to density, such reconstruction must retain the current use to the July 21, 2005 Council meeting. Summary: Due to errors in advertsing adoption of this ordinance needs to be continued to the July 21, 2005 Council meeting. Originating: City Attorney Section: Second Readings - public hearing Cateoorv: Second Reading Public Hearing: Yes Advertised Dates: OS/22/2005 06/06/2005 Financial Information: Review Aooroval Pam Akin 05-24-2005 15:07: 15 Cvndie Goudeau 06-10-2005 13:00:23 ORDINANCE NO. 7445-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-109.B, TERMINATION OF STATUS AS A NONCONFORMITY; PROVIDING THAT UPON RECONSTRUCTION OF STRUCTURES WHICH ARE NONCONFORMING WITH RESPECT TO DENSITY, SUCH RECONSTRUCTION MUST RETAIN THE CURRENT USE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 6526-00 was adopted by the City Council on June 15, 2000, which ordinance amended the Community Development Code; and WHEREAS, a portion of Ordinance No. 6526-00, provided for the termination of status as a nonconformity to facilitate redevelopment; and WHEREAS, the City of Clearwater desires to further refine the termination of status provision in the Community Development Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 6, Nonconformity Provisions, Section 6-109.B, is amended as follows: B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided Level Two approval is obtained and that: 1. Ssuch reconstruction complies with all other requirements of this Community Development Code -;; and 2. Such reconstruction does not constitute a chanqe in use. Section 2. This Ordinance shall not apply to any applications which have been submitted and been found to be complete and sufficient as of August 4, 2005 under the provisions of Community Development Code Article 4, and provided that the application is approved no later than September 20, 2005 and the project meets the timeframes required by the Development Order for permit submittal and certificate of occupancy. Section 3. This ordinance shall take effect immediately upon adoption. Ordinance No. 7445-05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7445-05 JUN. 7.2005 2: 16PM SENATOR BILL NELSON BILL NELSON FLORIDA NO, 937 United States Senate WASHINGTON, DC 20510-0905 P, 1 \S. \ C'/^C'O,o 'y ~ aQ ~.,> .// ~ f/ /~;""" 1'"'\ v/f/ (~"f' . .~ ~( ,0 0> ~'j., ~0>~~~ ~~. { ~F iSleS' l'o TELECOPIER COVER SHEET ~1r~)... Date: June 7, 2004 To: Mayor Frank Hibbard and all City Council members Fax: 727-562-4052 From: Shahra Anderson, RegIonal Director Number of pages (including cover sheet); 2 Comments Please ensure that the Mayor and all the City Council members receive a copy of this letter, Should you have any questions, please contact: Shahra Anderson Sam Gibbons Federal Courthouse, 801 N. Florida Avenue, 41/l Floor . Tampa, Florida 33602 Telephone (813) 225-7040 . Fax (813) 225-7050 JUN. 7,2005 2:16PM SENATOR BILL NELSON NO, 937 P, 2 C: Gr --p. 57::> ? 12-<::- .J:L? Please see the .infonnation below and let me know as soon as possible if you all would be willing to expross opposition. Thanks, Shahra Shahra Anderson, Regional Director, PineJlas County U.s. Senator BilI Nelson Cell: 813.299.2293 Fa.,,: 8] 3.225.7050 E-lVIail: Shahra_anderson@billnelson.senate.go'\' Next week, Sen, Landrieu will attempt to lifHhe moratoriwn on drilling in the Bastern Planning Area of the Gulf of Mexico. Sen, Nelson and Sen. Martinez will be fighting this amendment on tho Senate floor, but they need your support. . Sen, Landrieu' s amendment is the biggest threat to the moratorium on drilling off of Florida's coast in decades. If passed, it will threaten Florida's $50 billion-a-year tourism industry and $6 billion-a-year fishing industry. As you know, since 1982, bipartisan majorities of Congress have supported moratoria on new mineral leasing activity on the Outer Continental Shelf (OCS), including the Eastern Planning Area of the Gulf of Mex.ico, the area off of Florida. In addition, in 1990, President George H.W. Bush signed an executive order placing a ten year moratorium on new leasing in the OCS, which was later renewed by President Clinton through 2012. Sen. Landrieu's amendment would lead directly to drilling in the Eastern Planning Area by redrawing state lines to include much of the Eastc:m Planning Area in waters designated off of Louisiana, Mississippi and Alabama. Those states would then be given the option to opt out of the moratorium and allow drilling. In ex.change for lifting the moratorium, those states would receive a substantial share of the revenues from the oil and gas leases in the former moratorium areas. Areas of the Gulf that have always been considered off of Florida - such as the portion of Tract 181 left unleased by the 2001 agreement between Gov, Bush and Interior Secretary Oale Norton - would become the property of Louisiana, a state which has long encomaged drilling in its waters, This poses an intolerable threat to the beaches, waterways, and economy of Florida's Gulf coast, and we need communities across Florida to express their opposition to it. Bridget Walsh Deputy Legislative Director and Counsel Sen. Bill Nelson (202) 224-2106 Page 1 of 4 Banks, Barbara ~: 6, l ~}I\'B b-JbDS Sent: To: From: Stanfield, Elithia Tuesday, June 14,20053:36 PM Duncan, Ronnie E; Harris, Calvin; Latvala, Susan; Morroni, John; Seel, Karen; Stewart, Robert; Welch, Kenneth T Banks, Barbara; Herring, Darlina; Kennedy, Brenda; Kimsey, Wanda; Meinck, Cyndi; Randolph, Linnie A; Walker, Kim; Williams, Kimberly Subject: FW: CongressDaily PM - Nelson/Oil Drilling Cc: FYI From: Welsh, Pamela [mailto:PWelsh@PattonBoggs.com] Sent: Tuesday, June 14, 20053:34 PM To: Stanfield, Elithia Subject: FW: CongressDaily PM Thought you might find this interesting. -----Original Message----- From: Turner, Jeff Sent: Tuesday, June 14, 2005 3:17 PM To: Welsh, Pamela Subject: CongressDaily PM ENERGY Nelson Threatens Filibuster Over Off-Shore Provision ... Debate on long-stalled bipartisan energy legislation opened today with a filibuster threat from Sen. Bill Nelson, D-Fla., over a provision that he said might lead to the lifting of a moratorium on offshore oil and gas drilling along coastal areas. Despite assurances by Energy and Natural Resources Chairman Domenici that "we don't intend to do anything to harm Florida," Nelson said a provision that allows coastal states to opt out of the drilling ban might eventually lead to creeping encroachment along shore lines by the oil and gas industry. Asserting that Florida's $50 billion tourist industry might be jeopardized, Nelson said, "We don't want oil rigs out there because of the chance of despoiling our environment. " 6/15/2005 Page 2 of 4 Nelson said he and fellow Florida GOP Sen. Mel Martinez stand ready "to use the rules of the Senate to extend debate and prevent such drilling off the coast of Florida." Domenici and Nelson acknowledged that their staffs are working on language that would clear up any implications that the opt-out provision would infringe on Florida's interests. But Nelson made it clear that if such an agreement could not be reached, he would try to block the bill's consideration. Florida lawmakers in both parties oppose opening the coast to oil and gas exploration. That opposition extends to a provision in the bill calling for an inventory of oil and gas reserves in federal waters. Nelson also expressed concerns about a related provision that would open for exploratory drilling about 4.5 million acres of the Central Gulf of Mexico, known as Lease 181, along an imaginary boundary line drawn south into the Gulf from the Florida-Alabama border. "The [Bush] administration wants to do this," Nelson said, adding that it might "be the start of an inevitable march toward the west coast of Florida." Sen. Byron Dorgan, D-N.D., a senior member of the committee, joined Domenici in trying to assuage Nelson's concerns, "I don't think there is a ghost of a chance of us fmishing this bill with some mandate to change the [rules] on drilling on the Outer Continental Shelf," Dorgan said. -- by David Hess ------- --------------- -----Original Message----- From: Welsh, Pamela Sent: Tuesday, June 14, 2005 12:23 PM To: Turner, Jeff Subject: FW: Washington Trip 6/1512005 Page 3 of 4 Re the Energy bill discussion tomorrow. -----Original Message----- From: Stanfield, Elithia [mailto:estanfie@co,pinellasJl.us] Sent: Monday, June 13, 2005 12:19 PM To: Welsh, Pamela Subject: Washington Trip Please find attached a letter Commissioner Morroni signed on Friday reo an amendment Sen. Landrieu may be placing on the energy bill. I have also attached an article from today's SPTimes. May be an item of discussion. From: Welsh, Pamela [mailto:PWelsh@PattonBoggs.com] Sent: Monday, June 13, 2005 11:58 AM To: Stanfield, Elithia Subject: RE: Bios Many thanks. -----Original Message----- From: Stanfield, Elithia [mailto:estanfie@co.pinellasJl.us] Sent: Monday, June 13, 2005 11:53 AM To: Welsh, Pamela Subject: RE: Bios The website info is fine. Attached is a bio sketch we provide for introductions. From: Welsh, Pamela [mailto:PWelsh@PattonBoggs,com] Sent: Monday, June 13, 2005 11:47 AM To: Stanfield, Elithia Subject: Bios Kathy Rust (WH IGA office) has requested bios of you and the Commissioners. I was just planning to pull the bios from the Pinellas County website and use those unless you have another preference. Do you have one for yourself? Pamela Welsh Senior Public Policy Specialist Patton Boggs LLP 202/457 -6493 DISCLAIMER: This e-mail message contains confidential, privileged information intended solely for the addressee. Please do not read, copy, or disseminate it unless you are the addressee. If you have received it in error, please call us (collect) at (202) 457-6000 and ask to speak with the message sender. Also, we would appreciate your forwarding the message back to us and deleting it from your system. Thank you. This e-mail and all other electronic (including voice) communications from the sender's firm are for informational purposes only. No such communication is intended by the sender 6/1512005 Page 4 of 4 to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated. To learn more about our firm, please visit our web site at http://www.pattonboggs.com. DISCLAIMER: This e-mail message contains confidential, privileged information intended solely for the addressee. Please do not read, copy, or disseminate it unless you are the addressee. If you have received it in error, please call us (collect) at (202) 457-6000 and ask to speak with the message sender. Also, we would appreciate your forwarding the message back to us and deleting it from your system. Thank you. This e-mail and all other electronic (including voice) communications from the sender's firm are for informational purposes only. No such communication is intended by the sender to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated. To learn more about our firm, please visit our website at http://www.pattonboggs.com. DISCLAIMER: This e-mail message contains confidential, privileged information intended solely for the addressee. Please do not read, copy, or disseminate it unless you are the addressee. If you have received it in error, please call us (collect) at (202) 457-6000 and ask to speak with the message sender. Also, we would appreciate your forwarding the message back to us and deleting it from your system. Thank you. This e-mail and all other electronic (including voice) communications from the sender's firm are for informational purposes only. No such communication is intended by the sender to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated. To learn more about our firm, please visit our web site at http://www.pattonboggs.com. 6/1512005 --' -; '7" ,-,,' '/ :-' Co '---' PINELLAS COUNTY ~'M~'LM.,-q; BOARD OF COUNTY COMMISSIONERS PHONE (727) 464-3568 . FAX (727) 464-3022 . 315 COURT STREET. CLEARWATER, FLORIDA 33756 www.pinellascounty.org JOHN MORRONI CHAIRMAN June 10, 2005 The Honorable Bill Nelson United States Senate Hart Senate Office Building, Room 716 Washington, D.C. 20510 RE: Landrieu Amendment - Federal Waters/Offshore Drilling Dear Senator Nelson: The Pinellas County Board of County Commissioners wish to voice their strong disapproval of the proposed amendment by Senator Mary Landrieu to redraw federal water maps to include much of the Eastern Planning Area in waters designated off of Louisiana, Mississippi, and Alabama. The amendment would allow these states to opt out of the moratorium on new mineral leasing activity on the Outer Continental Shelf. If approved this change would encompass three million acres of submerged lands off of Florida's Panhandle and could lead to drilling in the Eastern Planning Area of the Gulf of Mexico. Areas of the Gulf of Mexico that have been considered off of Florida would become the property of Louisiana. As home to the Ft. Desoto Park - North Beach, 2005 #1 rated beach in the United States, the Board is quite concerned over any effort that could negatively impact the coastal waters of Florida, If passed, this amendment will threaten Florida's tourism and fishing industries. Your efforts to defeat the Landrieu amendment and similar efforts are greatly appreciated. Thank you. ht~' Morroni, Chairman ellas County Commission CC: Pinellas County Board of County Commissioners Stephen M. Spratt, County Administrator Susan Churuti, County Attorney Elithia V. Stanfield, Assistant County Administrator "PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER" .11- t.J PH!NTED ON R~:YCL:O PAD9. .?~2 PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS PHONE (727) 464-3568 . FAX (727) 464-3022 . 315 COURT STREET. CLEARWATER, FLORIDA 33756 www.pinellascounty. 0 rg JOHN MORRONI CHAI RMAN June 10, 2005 The Honorable Mel Martinez United States Senate Hart Senate Office Building, Room 317 Washington, D.C. 20510 RE: Landrieu Amendment - Federal Waters/Offshore Drilling Dear Senator Martinez: The Pinellas County Board of County Commissioners wish to voice their strong disapproval of the proposed amendment by Senator Mary Landrieu to redraw federal water maps to include much of the Eastern Planning Area in waters designated off of Louisiana, Mississippi, and Alabama. The amendment would allow these states to opt out of the moratorium on new mineral leasing activity on the Outer Continental Shelf. If approved this change would encompass three million acres of submerged lands off of Florida's Panhandle and could lead to drilling in the Eastern Planning Area of the Gulf of Mexico. Areas of the Gulf of Mexico that have been considered off of Florida would become the property of Louisiana. As home to the Ft. Desoto Park - North Beach, the 2005 #1 rated beach in the United States, the Board is quite concerned over any effort that could negatively impact the coastal waters of Florida, If passed, this amendment will threaten Florida's tourism and fishing industries. Your efforts to defeat the Landrieu amendment and similar efforts would be greatly appreciated, Thank you. h{~ o Morroni, Chairman nellas County Commission cc: Pinellas County Board of County Commissioners Stephen M. Spratt, County Administrator Susan Churuti, County Attorney Elithia V. Stanfield, Assistant County Administrator "PINELLAS COUNTY IS AN EQUAL OPPORTU,'4iTY EMPLOYER" f.:..~ .... PRINTED ON RECVC:'fD PAPER Hamilton, Hoyt re:' is.'' CC ~ 6-lb-OS' From: Sent: To: Cc: Subject: Brink, Carolyn Thursday, June 16, 2005 3:28 PM City Council Akin, Pam; Blunt, Betty; Brumback, Garry; Goudeau, Cyndie; Horne, William; Reporter FW: The Senate Energy Bill & the OCS Issue Importance: High -----Original Message----- From: Warrington, Chuck Sent: Thursday, June 16, 2005 9:21 AM To: Goudeau, Cyndie Cc: Brink, Carolyn; Phillips, Sue; Wilson, Denise; Akin, Pam; Geary, Jim; Bublitz, Bob; Langille, Brian; Thorn, Chris; Geary, Cindy; Scott, John c.; Cheatham, Kristi; Sewell, Tom Subject: The Senate Energy Bill & the OCS Issue Importance: High Cm. Hamilton raised the issue of the U. S. Senate Energy Bill debate &, in particular, Sen. Nelson & Sen. Martinez position on the Outer Continental Shelf (OCS) issues. Today's St. Pete Times story on this (1st attachment below) summarizes where the Senate is on this, but this is very fluid and critically important, in my opinion, to the future of natural gas prices for our citizens. I am also attaching the following relevant documents: . The American Public Gas Association (APGA) talking paper on this that Cm. Hamilton (member of the APGA Public Gas Policy Council) & I worked the Hill with on May 10-11 (2nd attachment), . The industry support letter for opening up exploration for "natural gas only" in the Eastern Gulf of Mexico (3rd attachment), . A collection of recent relevant APGA e-mails on this subject (4th attachment), and . A copy of Sen. Nelson's recent letter to public officials on the OCS subject (5th attachment). In summary, the APGA & my position is: · Over the last two years alone, increases in natural gas prices have cost consumers over $130 billion dollars. These are dollars that would have gone into local businesses, community infrastructure and more importantly, were the disposable personal income of households; · Increased supply is a fundamental solution to high natural gas prices; · Supply has not been able to keep pace with demand in large part because of federal policies that have restricted the exploration and production of natural gas; · We have abundant and untapped domestic natural gas resources currently off limits to production, In the lower 48 states alone there is an estimated 213 trillion cubic feet of natural gas below federal lands or waters where moratoria or regulation make exploration virtually impossible. That represents a 1 a-year supply at the current demand rate; and · The technology now exists to bring that gas to market in an environmentally sound manner. To bring this home to Clearwater, you should know that gas supply costs today are 2.6 times what they were just 6 years ago for our overall CGS customer base --- this amounts to an added $12.5 Million in added costs to our customers in total. And, for our 14,500 residential natural gas customers, gas supply costs have, on average, added $163/vear to their bills. Please note that we pass thru our gas supply costs to our customers with no mark-up in our Purchased Gas Adjustment (PGA) clause, but this amounts to 51% of a tvpical residential customer's bill. I will attend the Council meeting tonight to answer questions on this. It would be my hope that the Council would endorse the APGA positions as stated above and encourage our Congress to pass comprehensive Energy Legislation which will 1 increase the supply options for natural gas exploration in the Eastern Gulf of Mexico in addition to other protected areas in an environmentally-safe manner. Please share this with the Council, Bill & Garry. Thanks!!! Chuck ~ fJ m fJ ~ u.J State Senators Energy Bill & SEAeDR Joint APGA DeS Senator Nelson lore up ban on.:AeDR - TalkinQJPport Letter 03Jpdates 6-0S.do.etter re DeS 1.. 2 State: Senators shore up ban on drilling Page 1 of3 o St. Petersburg Times Online: Business Weather I Sports I Forums I Comics I Classifieds I Calendar I Movies Senators shore up ban on drilling Florida's senators get the moratorium on oil drilling off the state's coast extended. ANITA KUMAR and WES ALLISON Published June 16, 2005 WASHINGTON - They delayed, they threatened, they cajoled. They aggravated their colleagues and tested the bounds of patience. But in the end, Florida's U.S. senators brokered a deal that blocks the latest attempt to end the long- standing federal ban on drilling for oil and natural gas off the state's expansive coast. The agreement, announced Wednesday morning, came after Democrat Sen. Bill Nelson refused to relinquish the Senate floor so his colleagues could proceed on the energy bill now moving through Congress. "We had to go through quite an exercise to get there," Nelson said. Sen. "Mel Martinez and I had a big win. . . because we finally got the committee leadership to back down. But that's just the first step." The deal keeps the existing congressional moratorium on oil and gas drilling in the Gulf of Mexico and the Atlantic Ocean until 2012. It also would temporarily protect a large section of the gulf, known as Lease Sale 181, that is not protected by moratorium but where no drilling has occurred. Florida was the only state singled out under the verbal agreement, hashed out late Tuesday night between the state's senators and committee leaders. Nelson and Martinez rejected an earlier proposal that would have protected only the areas covered by the current ban. Sen. Pete Domenici, chairman ofthe Senate Energy and Natural Resources Committee, was visibly frustrated by the delaying tactics and frequent requests for guarantees by Nelson and Martinez; he needed to keep the two-week schedule for debate on the energy bill on track. "I understand the importance of this issue to my colleagues from Florida. Although we do not agree, I respect their difference of opinion," said Domenici, R-N.M. "I respect their passion on this issue and I make this concession because I understand the necessity of moving forward with this energy bill." The agreement puts a stop to a proposal by Sen. Mary Landrieu, D-La., who wanted the federal government to draw state boundaries farther into the water - a move that would have resulted in Florida losing waters to oil-drilling states. In return for the deal, Florida's senators will support Landrieu's efforts to provide states that allow drilling with a greater share of the royalties from oil companies and provide money to help Louisiana rebuild its eroded shores. file:1 IC :\Documents%20and%20Settings\hhamilto\Local%20Settings\ Temporary%20Inter... 6/16/2005 State: Senators shore up ban on drilling Page 2 of3 While generally supportive of each state's ability to control drilling off its coasts, several senators said the protections afforded to Florida go too far, by prohibiting oil and gas rigs for hundreds of miles off the Gulf Coast. "Tell the Floridians that means we're going to continue to kneel before the Arab world with a tin cup and beg for oil," said Sen. John Warner, R-Va., whose state may seek federal approval to allow drilling for natural gas off its coast. "What's the price of that?" Sen. Craig Thomas, R-Wyo., a senior member of the committee, said the deal upsets the balance between states' rights and the national interest. Florida should be able to stop drilling in its waters, he said, but not so far out to sea. "That's a lot," Thomas said disapprovingly. "A lot of people think that's one of the biggest undeveloped resources, and that we ought to be developing it." The federal government has banned virtually all drilling in Florida's offshore waters since 1983 - a decision upheld by Congress and the past three presidents, including George W. Bush. Florida is also the only state on the Gulf of Mexico that prohibits drilling in its inshore waters. Some oil leases were sold in the gulf, south ofthe Florida Panhandle, many years ago. But Congress and President Bush's father prevented drilling there, and new leases are prohibited within about 100 miles of Pensacola. Florida environmentalists welcomed the news from Washington on Wednesday but were measured in their comments because they see the deal as just one small win in a long series of battles. "We think this is a IO-round fight, and Sens. Nelson and Martinez won the first round," said Mark Ferrulo, director of the Florida Public Interest Research Group. Congress is considering a half-dozen bills and amendments this year that would weaken the drilling ban off Florida's coasts and other parts of the United States. The push is fueled by record-high oil prices, a dwindling national supply and a growing public distaste for importing so much oil. "The oil industry is drooling at the potential of inching closer to Florida's shoreline," said Frank Jackalone, Florida representative of the Sierra Club. "They will try to find every way they can." The energy bill already includes a provision that would mandate the first inventory of oil and gas reserves of its kind in all U.S. waters, including Florida's. Congress has been trying to pass similar legislation since the 1980s, but it always failed because opponents say it represents a "slippery slope" toward drilling in areas that long have been under a drilling moratorium. Nelson and Martinez plan to fight the inventory altogether next week if they are unable to reach a compromise to exempt Florida. "I want to protect the Gulf Coast of Florida and I have the right to be unreasonable about it," Martinez said. "We have a tradition in protecting this Gulf Coast." Only a handful of states allow drilling off their shores. But for the first time in about two decades a new file:IIC :\Documents%20and%20Settings\hhamilto \Local%20Settings\ Temporary%20Inter... 6/16/2005 State: Senators shore up ban on drilling Page 3 of3 state, Virginia, has indicated it may want to join them; drilling advocates are optimistic it's a sign of more to come. Landrieu, who had planned to introduce several amendments to promote drilling, was unhappy with the deal and on Wednesday took to the Senate floor to berate states, including Florida, that use more energy than they produce. The modern oil and gas industry is clean, safe and efficient, she said. The rigs make for great fishing. And the nation desperately needs the energy. She said she was disappointed that the Florida agreement prevents drilling in so much of the eastern gulf. "I don't hope to change Florida's mind overnight, but I do hope to as we layout the facts," Landrieu said. "Then more people from Florida can understand you can have a great tourism industry, and also have some drilling." @ Copyright 2003 St. Petersburg Times. All rights reserved file:IIC: \Documents%20and%20Settings\hhamilto \Local %20Settings\ T emporary%20Inter... 6/16/2005 Bringing Natural Gas Prices Back to an Affordable Level April, 2005 Background: Congress last passed a comprehensive energy bill over twelve years ago. Over the past few years, the price of natural gas has tripled. High natural gas prices continue to have a major impact upon the consumers and communities served by public gas systems. Passage of natural gas legislation that addresses high natural gas prices remains one of APGA's highest legislative priorities. The Issue: Passage of a comprehensive energy bill is needed to develop a coherent national energy policy designed to meet the nation's growing energy needs. Enactment of an energy bill that dramatically improves the supply/demand balance becomes even more pressing given the current high price of natural gas, the questionable transparency of natural gas markets, and the absence of any timely and relevant supply/demand data available in the market. There are a number of provisions that APGA maintains must be included in any comprehensive energy bill passed by Congress. Specifically, APGA strongly supports the inclusion of language that addresses the use of tax -exempt financing for the prepayment of natural gas contracts. Specifically, this language creates a safe harbor exception to the general rule that tax-exempt bond-financed prepayments violate the arbitrage restrictions. In addition, APGA supports the inclusion of language that: enhances natural gas market transparency; increases penalties for market manipulation; and reauthorizes the Low Income Horne Energy Assistance Program (LIHEAP). APGA also supports the inclusion of provisions that increase natural gas production (such as the State Enhanced Authority for Coastal and Offshore Resources- SEACOR proposal), including: tax incentives to encourage production; increased access to federal lands and regulatory changes to expedite the review and approval of drilling permits. APGA Action: APGA supports the Energy Policy Act of 2005, H.R. 6, passed by the House on April 21 st. APGA also testified at a Senate Natural Gas Conference held on January 24th on natural gas supply issues, specifically focusing on SEACOR. March 8, 2005 The Honorable Elizabeth Dole The Honorable Barbara Boxer The Honorable Richard Burr The Honorable Maria Cantwell The Honorable Lincoln Chafee The Honorable Susan Collins The Honorable Dianne Feinstein The Honorable John Kerry The Honorable Frank Lautenberg The Honorable Bill Nelson The Honorable Olympia Snowe Dear Senators: It is with profound regret that we read your February 10,2005 letter to Senate Energy & Natural Resources Chairman Domenici expressing your strong opposition to any consideration of providing new supplies of domestic natural gas from currently restricted areas of the Outer Continental Shelf (OCS). Our regret is for the millions of beleaguered homeowners, workers, industries and institutions that once relied on affordable and clean natural gas to sustain their quality of life, but now face skyrocketing and volatile prices because demand for natural gas is out pacing available supply. On the other hand, we understand your views. Under existing law, the federal government is in complete control of your coastline beyond three nautical miles, and states have little financial incentive to open their coastal waters to drilling for natural gas. Consumers need reliable and affordable natural gas, while states need to balance consumer needs with environmental concerns, increased fiscal health and more control over their own coastal waters. We believe that a legislative proposal called "State Enhanced Authority for Coastal and Offshore Resources Act" (SEACOR) is a unique solution to addressing these myriad challenges. In our view, drilling in state waters should not be a zero-sum game for states, as it is today. Under SEACOR, everyone wins. States get more control over coastal waters and significantly increase leasing income that they would not have achieved otherwise. At the same time the federal government gets badly needed revenues from leasing and consumers get reliable, domestic and affordable natural gas. It has been nearly five years since the natural gas price crunch started (June, 2000) and consumers have paid nearly $200 billion more for natural gas than was paid in the previous five years, U.S. prices are the highest in the industrial world. Our supply situation remains tenuous. Lehman Brothers, an energy analysis firm that regularly surveys the 59 largest natural gas producers, recently reported that U.S. supply fell 4.8 percent in 2003 and about 5 percent in 2004. All forecasts show very high prices with no relief. Had it not been for industrial "demand destruction," which is not a benefit to our nation's economic future, and the resulting decline of consumption by the manufacturing sector, together with a cool summer and a mild winter, we would potentially be facing unprecedented prices. America's families, especially elderly fixed income citizens, struggle to pay their natural gas and electricity bills and often are forced to make tough decisions between heating their home, and buying medicine or food. High natural gas prices translate into a huge $10 to $15 cost-per-acre cost increase for a typical farmer. And domestic manufacturing increasingly has lost its ability to compete, resulting in plant shut-downs and a significant contribution to the loss of 2.5 million jobs. The undersigned believe strongly that we can reach common ground on this issue, and we encourage you to join us in exploring SEACOR as a solution. SEACOR is a "states rights" bill that provides states with the authority to completely control whether or not drilling can occur near their coastlines, while sharing that control with the federal government further from the coastline. It also features significant revenue generation for state needs such as beach refurbishment and wetlands restoration. Key features of the proposal include: . State offshore boundaries would be extended from 3 to 12 nautical miles. Today, the federal government can lease the areas beyond three miles for oil and gas leasing. . Significantly increased revenues from leases would be shared with the states. This would amount to potentially hundreds of millions of dollars in additional revenue to your state. . Up to 60 miles from shore, in 20-mile increments, states could veto part or all leasing proposals, including allowing the issuance of "natural gas preference leases" that would allow production of natural gas and condensate, but not oil unless approved by the governor of a particular state. If oil drilling is the environmental concern, this provides an option to drill solely for natural gas. . Provides significant new funding to the Low-Income Home Energy Assistance Program (LIHEAP). . Provides for multiple use of OCS beyond 12 nautical miles, including for renewable energy projects. . We respect every one of you for clearly stating your position on this issue. Now, however, we believe that if the people in your state (who include many of our members) were given the option, they would support an approach that gives their state more control over their offshore areas, increases natural gas supply, increases the affordability of natural gas, and increases jobs and badly needed state and federal revenues. We stand ready to work with you to develop a solution. Sincerely, Trade Associations in Support of SEACOR \ ,IA,~!..../ ~,\fi. - Dave Parker President & CEO American Gas Association P Bob Stallman President American Farm Bureau ~/l/~ Paul N. Cicio Executive Director Industrial Energy Consumers of America Copy: The Honorable George Bush The Honorable Gale Norton The Honorable Pete Domenici The Honorable Jeff Bingaman The Honorable James Inhofe The Honorable James Jeffords The Honorable Joe Barton The Honorable John Dingell The Honorable Richard Pombo The Honorable Nick Rahall ~ Bert Kalisch President & CEO American Public Gas Association ~~ Leon Corzine President National Corn Growers Association To: All APGA Members From: Dave Schryver, APGA Date: 6/1 0/05 RE: Update on Energy Bill- Call to Action! Early next week, the Senate will begin debate on the energy bill. A link to the complete energy bill is attached- http://www.apga.org/upload/FinaIVersionotEnergyBill.pdf.This draft does not contain the tax title of the bill which will be marked-up next week by the Senate Finance Committee and added as an amendment on the Senate floor. APGA continues to work towards securing the inclusion of the prepayment language in the title. One issue that will be debated during consideration of the bill is the production of natural gas from areas in the Gulf of Mexico and Outer Continental Shelf (OCS) where production is currently off-limits. An amendment has been drafted, entitled the Offshore State Options Act, that addresses OCS production. Attached is a link to the amendment on the APGA Members only portion of the website- http://www .apga.org/members/members library /Govt Relations committee/legislation/Senate%200CS%20 Amendment%20plan%20B 1 %206-8-05.pdf. APGA strongly supports this amendment. In an effort to gamer support, the amendment specifically exempts States that are opposed to production (Florida, California, Washington, Oregon, North Carolina, New Jersey, the Great Lakes and the Northeast) from being opened up for production under the amendment. Therefore, the amendment would only apply to Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. The amendment allows those States to request the Interior Department to perform a resource assessment that identifies resources in their offshore boundaries. The assessment would also include a projection of revenues to the State from the leasing ofthose resources. An eligible State may then decide to "opt-in" and allow production of their offshore natural gas and/or oil resources. In return for allowing production, a State would receive 50% of the new lease revenues. The situation is very fluid and therefore subject to change, but it appears that at the present moment Senator Murkowski (R-AK) is a likely sponsor of this amendment. I have talked directly with Energy Committee staff and they have informed me that presently Chairman Domenici has no plans to offer this amendment. The Chairman continues to be involved in discussions with the Ranking Democrat on the Committee, Senator Bingaman (D-NM), in an effort to obtain a bipartisan solution to the OCS production issue. Unfortunately, it appears that the issue of offshore production continues to be a contentious issue. APGA has been informed that Senator Nelson (D-FL) has made several calls to his Democratic colleagues urging them to vote against OCS amendments. In addition, Senator Nelson and Senator Martinez (R-FL) are circulating a letter to all Senators asking that they vote no on any OCS amendment. It also appears that the Minority Leader, Senator Reid (D-NV), and the Democratic Caucus have made OCS production an issue and Senator Reid has instructed Democratic Senators to oppose any OCS amendments. Now is a critical time in our efforts to increase domestic production. Please call your Senators immediately and ask that they support additional provisions to the energy bill that will increase natural gas production, including from areas currently off-limits to production. When you call your Senators, please ask to speak to the Legislative Assistant that handles energy issues. Below are some talking points you may want to communicate during the call: Over the last two years alone, increases in natural gas prices have cost consumers over $130 billion dollars. These are dollars that would have gone into local businesses, community infrastructure and more importantly, were the disposable personal income of households; Increased supply is a fundamental solution to high natural gas prices; Supply has not been able to keep pace with demand in large part because of federal policies that have restricted the exploration and production of natural gas; We have abundant and untapped domestic natural gas resources currently off limits to production. In the lower 48 states alone there is an estimated 213 trillion cubic feet of natural gas below federal lands or waters where moratoria or regulation make exploration virtually impossible. That represents a 10-year supply at the current demand rate; and The technology now exists to bring that gas to market in an environmentally sound manner. Thanks for your help in this crucial effort. The last energy bill passed by Congress and signed into law was over a dozen years ago and it may be at least another twelve years before we get another energy bill so it is critical that we do everything we can towards ensuring that this bill will help bring natural gas prices back to an affordable level. Please call me if you have any questions. Also, please do not forward this email to non- APGA members. Dave Schryver Vice President, Congressional Affairs American Public Gas Association dschryver@apga.org 202-464-0835 To: Members of the APGA Legislative Subcommittee From: Dave Schryver, APGA Date: 6/14/05 RE: Update on Energy Bill- OCS Language in Jeopardy Today, the Senate began debate on the energy bill. It is expected that a final vote on the bill will take place in the next two weeks. The first amendment that came up was an ethanol amendment which staff is working on achieving a bipartisan consensus on. As mentioned in previous emails, APGA anticipates that debate on OCS amendments will take place next week. On the OCS front, soon after the bill was brought to the floor Senator Nelson (D-FL) came down to express strong objection to any potential amendments that would allow production from areas currently under moratoria. He further indicated that he, Senator Martinez (R-FL) and possibly others from States such as GA, NJ, CA, SC, NC, would, if necessary, use the "rules of the Senate" to slow down debate if an amendment is attached. In fact, it is anticipated that the Florida Senators and New Jersey Senators will offer an amendment to strip out language in the bill that calls for an inventory of OCS resources. Work continues on a possible amendment. The most recent iteration of the amendment would prohibit all production out to 40 miles in moratoria areas in the 8 states identified in the amendment (Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia). In addition, a state could only allow natural gas production in the 40-80 mile range. This is being done to mitigate the concerns of Florida and other states about production taking place on their borders. At this point, Chairman Domenici (R-NM) is not supporting this amendment and is continuing talks with Senator Bingaman (D- NM) in an effort to reach a bipartisan agreement on OCS language. If you have not already done so, please call your Senators and urge them to help our country achieve domestic energy security by supporting an amendment to the energy bill that would allow responsible natural gas production in areas currently off-limits to production. If you have any questions or need talking points for your phone call, please call me at 202-464-0835. Timing is critical so please make contact your Senators as soon as possible. Dave Schryver Vice President, Congressional Affairs American Public Gas Association dschryver@apga.org 202-464-0835 To: Members of the APGA Government Relations Committee & Legislative Subcommittee From: Dave Schryver, APGA Date: 6/12/05 RE: Update on the Energy Bill- New Developments on DCS Amendment Debate on the energy bill continues today as the Senate debates an ethanol amendment to the bill. Yesterday, the Senate discussed the OCS issue and to address concerns raised by both Florida Senators, Chairman Domenici (R-NM) and the Ranking Democrat on the Committee, Senator Bingaman (D-NM), made statements on the Senate floor stating that they would not support any amendment to the bill that would alter the current moratoria of offshore areas off the coast of Florida and Lease 181 which is in the eastern Gulf of Mexico. However, both Senators Domenici and Bingaman also stated that they would oppose an effort to strip out language in the bill that calls for an inventory of OCS resources. Senator Martinez (R-FL) has indicated his intent to offer an amendment to strip out the inventory language. Dave Schryver Vice President, Congressional Affairs American Public Gas Association dschryver@apga.org 202-464-0835 BILL NELSON FLORIDA United States Senate WASHINGTON, DC 20510-0905 C'/>-.C'O,() 'y ~ .A Co fS'i". (\ ~ 0 r~!~..:\() (~~~~~ ~ ~ '(' ~~'&& Q TELECOPIER COVER SHEET ~'lt~ Date: June 7, 2004 To: Mayor Frank Hibbard and all City Council members Fax: 727-562-4052 From: Shahra Anderson, RegIonal Director Number of pages (including cover sheet); 2 Comments Please ensure that the Mayor and all the City Council members receive a copy of this letter. Should you have any questions, please contact: Shahra Anderson Sam Gibbons Fede,"al Courthouse, S01 N. Florida Av~nua, 411' Floor. Tampa, Florida 33602 Telephone (813) 225-7040 . Fax (813) 225-7050 Please see the infonnation below and let me know as soon as possible if you all would be willing to expross opposition. Thanks, Shahra Shahra Anderson, Regional Director t PirieJ)as County U.S. Senator Bill Nelson Cell: 813.299.22'3 Fax: 813..225.7050 E-lVIall: Shahra_anderson@billnelson.senate.gov Next week, Sen. Landrieu will attempt to litHhe moratoriwn on drilling in the Bastc:m Planning Area of the Gulf of Mexico. Sen. Nelson and Sea Martinez will be fighting this amendment on the Senate floor, but they need your support. . Sen, Landrieu's amendment is the biggest threat to the morato,ium on drilling off of Florlda's cout in decades. If passed, it will threaten Florida's $50 billion.a-year tourism industry and $6 billian-a-year fishing industry. As you know. since 1982, bipartisan majorities of Congress have supported moratoria on new mineral leasing activity on the Outer Continental Shelf (OCS), including the Eastern Planning Area of the 0u1f of Mexico, the area off of Florida. In addition., in 1990, President George H.W. Bush signed an executivo order placing a ten year moratoriwn on new leasing in the OCS, which was later renewed by President Clinton through 2012. Sen. Landrieu's amendment would lead directly to drilling in the Eastern Planning Area by redrawing state lines to include muc:.h of the Eastc:m PlaWling Area in waters designated off of Louisiana, Mississippi and Alabama.. Those states would then be given the option to opt out of the moratorium and allow drilling. In exchange for lifting the moratorium, those states would receive s substantial share of the revenues from the oil and gas leases in the former moratorium areas. Areas of the Gulf that have always been considered off of Flarida - such as the portion of Tract 181 left unleased by the 2001 agreement between Gov. Bush and Interior Secretary Gale Norton - would become the property of Louisiana, a state which has long encouraged drilling in its waters. This poses an intolerable threat to the beaches, wa~rways, llud economy of Florida's Gulf coast, and we need communities across Florida to express their opposition to it. Bridger Walsh Deputy Legislative DirfJctor and Counsel San, Bill Nelson (202) 224.2106 .---.,,-~....~..^_.....--,----. - Page 1 of 1 RE'.IS i Goudeau, Cyndie SC- M ~ &-/10-0S From: David Schryver [dschryver@apga.org] Sent: Thursday, June 16, 20052:27 PM To: Alan Winter; Alonzo Weaver; Amna Khan; Andrews, Ben; Arthur Corbin; Ballard, Matt; Ballinger, Gerald; Bell, Philip; Bert KaUsch; Bilda, John; Bowie, Patrick; Choukas-Bradley, Jim; Warrington, Chuck; Colosimo, Andy; Comstock, Mike; Cristina Coltro; Crackarell, Charlie; Dave Schryver; Dick DesRoches; Donita Harper; Enoch, Les; George Bronson; Good, Chuck; Gregg, John; Harmon, Gerald; Heather Viele; Jack Hilliard; Jim Campbell; Laura Schepis; Les Fyock; Lozano, Jose; Luther Wills-Dudich; Magstadt, Bert; Mark O'Neal; Mike Corley; Mike Kotara; Miller, Anthony; Miller, Bud; Robert Shannon; Schiebout, Harold; Sharpe, John; Stan Balis; Suarez, Don; Talley, Rob; Tom Modica; Voyles, Seth Subject: Update on the Energy Bill and Department of Interior OCS Map To: Members of the APGA Legislative Subcommittee From: Dave Schryver, APGA RE: Update on the Energy Bill and Department of Interior OCS Map Dehate on the energy bill continues with the Senate adopting an ethanol amendment and debating an amendment that would require a 10010 renewable energy portfolio standard. On the OCS front, Senator Alexander is going forward with an amendment that will be offered next week to the energy bill. It is anticipated that the amendment will be similar to the one outlined to you in earlier emails. A rough head count of Senators to date indicate that approximately 50 Senators are either supporting or leaning towards supporting the amendment, 37 Senators are opposing the amendment or leaning towards opposing the amendment and about 13 Senators are undecided, As soon as a copy of the amendment is released I will forward the amendment to you. As you contact your Senators and urge that they support this amendment, please pass onto me any information you pick up in regard to their position on the amendment. This will greatly help us with our headcount. The amendment is expected to come up next week. Today the Senate Finance Committee approved the tax title of the energy bill. As reported in an earlier email, the prepayment language supported by APGA, which was included in the House passed bill, was not included in the Senate title. A number of House provisions were not included in the bill with the intent of providing the Senate more flexibility in conference committee with the House. APGA continues to evaluate its options for proceeding on the prepayment issue. Lastly, I have attached a map that identifies how much natural gas is undiscovered and technically recoverable in the OCS, The total amount identified in this map is 284 TCF, Another 128 TCF is available in Alaska. This map may help you in your contacts to your Senators. Please give me a call if you need any additional information or have any questions. Dave Schryver Vice President, Congressional Affairs American Public Gas Association dschryver@apga.org 202-464-0835 6/1612005 C) I.L U !- ~ f'..llllimlan .Keli NlII'mall Mc:Canhy, Sammm, Boblco, WoDel Sawyer lit: I'my. ".A. \lir:c Chllir-lIt:Ct DolIna LilIllla Untoo Propemes, LLC Vice Ollimlan Joapll D.. DIIelT R:1yntOlld JII'lWI Fillllneilll SCfVillClI Viet Chalrmall loll.. Yardley M_y. Yardley ClIryllltl'-DDdge '_Chall' Dittctllr5 JllllyBolld lwu. (fold JcwelOr$.. lne. a\lid Dea_ nealcinll.cllltTOlIll1li1ml11l:e PIlil Fahmy Sllllll'l BllSil1llSf Systcmll Jllllll GlIlIzale% W\\bfd~Tle Sherry Gutllll M:mill Mcmnri:ll HQspiinl Soulll Mike Hermmnqcr I.BFH.lnc. MiIlhlld HOllKlR FfOllSlOll ~ClrollP,lne. Bol'bal'lllCautflllllll C_cil OIl ASI". ofManin COWlEy . 'erer KlUlIp Houston OffiCI! SUlnllics 8:- COIlll1JUicnl tiiTcrio~ !lDOl Paul Ii:lIioll'aul &. Company Cordon .ProeM Pmcrm:. Crook It. Crowder. P A- Mlbaa S!IIIUhl'lljkll Big Five TOIlrs It. li:lqleditions Louis J. SuRU" TurIlQCombuslor Technology, tnc. Tom Wilkia_ Rill! National Bank: &. Trust Co. J:y..()ffieio Directors Da\lid Col_ Stuart L"'it)' Manaaer . Sue Hersbcy Manitl COllnTy Scllool Rnard Dane Smitll Iloanl of CO\IIIlY Commi.<:$ion!:fll PresldllllfICF.O Joseph A. (,"al.Tllmbom: 0\3:35 P.01/01 Stuart/Martine Chamber of 1650 Soulh Kanner Hlghway_ swan, Florida 34M4.7199 (172) 287-1088 Fax (772)-220-3431 www.goodnabJre.org inb\l)goCldnature.org June 8, 2005 Senator Bill Nelson 716 Hart SOB Washington, D.C. 20510 Reference: Amendment to lift moratorium on offshore drilling Dear Senator Nelson, Please accept thi$il~tter as adamant opposition to lifting the moratorium on driUil1giii~/the EasternPlal1l'lingArea of the Gulf of Mexico. We are further opposed to the re distrieting of the Gulf. We believe Sen. Landrieu's amenom Weare paS$e a-year tourism industry and $6t.)ilIion~a.year fist'li.,g indUstry, two of the most important components of our economic engine. Since 1982, biparti$~~ majoritiespfCongrt;ss have supported moratoria on newrni.,eralleasing..activityipn..1he Outer Continental Shelf (oes) , incluqingthe EastemPlanl'ling Area of the Gulf of Mexico, the area off. of Florida. In addition, in 1990, President George H. W. Bush signed an executive Order placing a ten.year moratorium on n<<!w.lea~ing in the OCS, which was later renewed by President Clinton through 2012. Please continue fighting to keep our shorelines pristine and beautiful. Thank you for you support. Sin erely, A. Catrambone sidentfCEO TOTAL P. 01 Page.! of 1 Goudeau, Cyndie Rz; IS. I cc.. JV1 "'3 trlk-c5 David Schryver [dschryver@apga.org} Thursday, May 26, 2005 8:25 AM Aiken, Shawn; Alan Winter; Alonzo Weaver; Amna Khan; Andrews, Ben; Arthur Corbin; Ballard, Matt; Ballinger, Gerald; Bell, Philip; Bert Kalisch; Bilda, John; Bowie, Patrick; Choukas-Bradley, Jim; Warrington, Chuck; Colosimo, Andy; Comstock, Mike; Cristina Coltro; Crockarell, Charlie; Dave Schryver; Dick DesRoches; Donita Harper; Enoch, Les; George Bronson; Good, Chuck; Gregg, John; Harmon, Gerald; Heather Viele; Jack Hilliard; Laura Schepis; Les Fyock; Lozano, Jose; Luther WiIIs-Dudich; Magstadt, Bert; Mark O'Neal; Mecham, Kenneth; Mike Corley; Mike Kotara; Miller, Anthony; Miller, Bud; Robert Shannon; Schiebout, Harold; Sharpe, John; Stan Balis; Suarez, Don; Talley, Rob; Tom Modica; Voyles, Seth Subject: OCS Amendment to the Oil and Gas Title From: Sent: To: To: APGA Legislative Subcommittee From: Dave Schryver, APGA RE: OCS Amendment to the Oil and Gas Title Attached is a copy of the oes amendment that will be offered to the Oil and Gas title of the energy bill today by Chairman Domenici (R-NM) and Senators Landrieu (D-LA) and Alexander (R- TN). Among other things, the amendment would codify the OCS Moratoria until 2012 while allowing states to petition the Department of the Interior to opt out of the moratoria. In return, states would receive an increased share of revenues from OCS royalties. The amendment would also allow the sale of natural gas only leases. A copy of the letter APGA sent to Chairman Domenici in support of the amendment was emailed out to you yesterday. I will be attending the mark-up today and will provide you with a summary of it this afternoon after the mark-up ends. Dave Schryver Vice President, Congressional Affairs American Public Gas Association dschryver@apga.org 202-464-0835 6/16/2005 O:\END \END05505 LC S.IJ_C, l\l\'lE~D~lE~rr ~O. Calendar ~o. Purpose: rro provide for revenue sharing from leasing certain areas on the outer Continental Shelf. IN THE SENATE OF THE UNITED STATES-10Mb Cong., 1st Sess. s. rro enhance t.he energy security of the United States, and for other purposes. Referred to the Committee on mId ordered to be printed Ordered to lie on the table and to be printed AMENDl\1EN'l'S intended t.o be proposed by It'Ir. DOMENICI (for himself, l\1r. .AJJEXANDER, and lVls. LANDRIEU) to rritle Ill-Oil and Gas (E~D05461.LC) Viz: 1 On page 81, strike line 16 and insert the following' 2 Subtitle D-Outer Continental 3 Shelf 4 SEC. 371. PUBLICATION OF PROJECTED STATE LINES ON 5 THE OUTER CONTINENTAL SHELF. 6 Section 4(a)(2)(A) of the Outer Continental Shelf 7 Lands .A.ct (43 U.S.C. 1333(a)(2)(A)) is amended- 8 (1) by designat.ing the first, second, and third 9 sent.ences as clause (i), (iv), and (v), respectively; May 25, 2005 (9:50 p.m.) 0: \END \END05505.LC S.hC. 2 1 (2) in clause (i) (as so designat.ed)- 2 CA..) by striking "President." and inserting 3 "Secretary"; and 4 (B) by inserting before the period at the 5 end the following: "not later t.han 180 days 6 after the date of enactment of the Energy Pol- 7 icy Act. of 2005"; and 8 (3) by inserting after clause (i) (as so des- 9 ignated) the following: 10 "(ii)(l) rrhe projected lines shall also be used for the 11 purpose of preleasing and leasing activities conducted 12 illlder section 32. 13 "(II) l'his clause shall not affect any property right 14 or title to J:.'ederal submerged land on the outer Conti- 15 nental Shelf. 16 "(iii) ~otwithstanding clause (i), the Secretary shall 17 not extend a projected line demarcating the boundary be- 18 ~veen the States of Alabama and Plorida.". 19 Move sections 316 and 321 to subtitle D of title III 20 and redesignate those sections as sections 372 and 373, 21 respectively. 22 On pag'e 81, between lines 16 and 17, insert the fol- 23 Imving: May 25,2005 (9:50 p.m.) O:\END \END05505.LC 8.hC. 3 1 SEC. 374. OUTER CONTINENTAL SHELF WITHDRAWAL AU- 2 moRITY. 3 Section 12 of the Outer Continental Shelf Lands Aet. 4 (43 U .S.C. 1341) is amended- 5 (1) by redesignating subsections (b) through (f) 6 as subsections (d) through (h), respectively; and 7 (2) by striking subsection (a) and inserting the 8 following: 9 "(a)(1) rrhe Secretary may \vithdraw from disposition 10 unleased land on the outer Continental Shelf only in ae- 11 cordance ,vith this section. 12 "(2) rrhe Secretar.y may delegate the authority pro- 13 vided under paragraph (1) only to indhiduals in the Office 14 of the Secretary who have been appointed by the Presi- 15 dent, by and with the advice and consent of the Senate. 16 "(3) The withdrawal from disposition of leased land 17 on the outer Continental Shelf shall be considered the tak- 18 ing of private property for public use. 19 "(b)(l) In the case of the withdrawal of unleased 20 areas on the outer Cont.inental Shelf aggregating less than 21 5,000 acres, subject to paragraphs (2) and (:3), the Sec- 22 retary may withdraw the areas from disposition for such 23 period as the Secretary determines necessary. 24 "(2) ~ot later than 180 davs after the date of the 25 "rithdrawal, the Secretary shall submit to Congress a re- 26 port that describes- May 25, 2005 (9:50 p.m.) 0: \END\END05505.LC B.hC. 4 1 "(A) the methodology used t.o determine t.hat 2 t.he ",ithdrawal of the areas was necessary; 3 "(B) an explanation of- 4 "(i) the rationale for the ,\ithdrawal of the 5 areas from disposition under t.his Act.; and 6 "(ii) a determination of whether, and an 7 explanation of why, the withdrawal is in the na- 8 tional interest, taking into account, in par- 9 ticular, economic and environmental consider- 10 ations; 11 "( C) an estimate of the time period for which 12 t.he 'wit.hdrawal will likely remain in effect.; and 13 "(D) an evaluation of all relevant factors taken 14 into account by the Secretary in making the "ith- 15 drawal decision. 16 "(3) 'rhe Secret.al1r may not withdraw an area under 17 this subsection if the area is contiguous to an area that 18 was previously 'withdrawn by the Secretary under tIns sub- 19 section. 20 "(c)(I) In this subsection, the term 'joint resolution' 21 means only a joint resolution introduced during the .60- 22 day period beginning on t.he date on wInch the report re- 23 ferred to in paragraph (2) is received by Congress (exclud- 24 ing' days either House of Congress is adjourned for more 25 than 3 days during' a session of Congress), the matt.er May 25,2005 (9:50 p.m.) O:\END\END05505.LC 8.hC. 5 1 after the resolving clause of which is as follows: "rhat Con- 2 gress disapproves the "\vithdrawal of unleased areas on the 3 outer Continental Shelf described in the report required 4 under section 12(c)(2) of the Out~r Continental Shelf 5 Lands Act (43 V.S.C. 1341(c)(2)) ~llbmitted by the Sec- 6 retm'y of the Interior to Congress on , and the 7 nIle shall have no force or effect.' ('rhe blank space being 8 appropriately filled in). 9 "(2) Before the withdrawal of unleased areas on the 10 outer Continental Shelf aggregating 5,000 acres or more 11 can take effect, the Secretary shall submit t.o each House 12 of Congress a report that provides a notice of the intention 13 of t.he Secret.ary to ,vithdraw those acres, including- 14 "(A) a clear explanation of all relevant factors 15 taken into account for making the "\\'ithdrawal; 16 "(B) an analysis of all currently available data 17 on the existence and potential resources in the with- 18 drawal areas; 19 "(C) an analysis of t.he methods used 1Il com- 20 piling the data; and 21 "(D) a description of the specified period of 22 time for the withdrawal. 23 "(3) The withdrawal of unleased areas on the outer 24 Continental Shelf aggTegating 5,000 acres shall not take May 25,2005 (9:50 p,m,) O:\END\END05505.LC B.lLe. 6 1 effect (or continue) if Congress enacts a joint resolution 2 of disapproval of t.he withdrawal. 3 "(4)(1\) Subject to subparagraph (B), the procedures 4 described in subsections (b) through (g) of section 802 of 5 title 5, United States Code, shall apply to the consider- 6 ation of a joint resolution under this subsection. 7 "(B) Por purposes of tIns paragraph- 8 "(i) the reference to 'section 801(a)(1)' in sec- 9 tion 802(b)(2)(A) of that title shall be considered to 10 refer to paragraph (2); and 11 "(ii) the reference to 'section 801(a)(1)(A)' in 12 section 802(e)(2) of that title shall be considered to 13 refer to paragraph (2).". 14 SEC. 875. OUTER CONTINENTAL SHELF ADMINISTRATIVE 15 AND CONGRESSIONAL WITHDRAWAL. 16 (a) ..LlDMINISTRATION.- 17 (1) IN GENERAh-Except as provided in para- 18 graph (2), the withdrawal of any area from disposi- 19 tion by leasing under the "Memorandum on \Vith- 20 drawal of Certain .Areas of the U llited States Outer 21 Continental Shelf from Leasing' Disposition", from 22 34 \Veekly Compo Pres. Doc. 1111, dated June 12, 23 1998, shall have no force or effect. 24 (2) ).10RTH AIJEUTIAN SHEU:<' (BRISTOL BAY).- May 25, 2005 (9:50 p.rn.) O:\END\END05505.LC S.hC. 7 1 (A) IN GENERAIJ.-Paragraph (I) shall not 2 apply to the ~orth .Aleutian Shelf (Bristol 3 Bay) . 4 (B) DURATION 01.<~ wrrHDRAwAh-"rhe 5 withdrawal of the ~orth ..Aleutian Shelf (Bristol 6 Bay) from disposition by leasing shall terminate 7 on the date that is the earlier of- g (i) June 30, 2012; or 9 (ii) the date the Secretary of the hlte- 10 rior permits disposition by leasing in that 11 Shelf under the Outer Continental Shelf 12 Lands .Act (43 V.S.C. 1331 et seq.). 13 (b) OU'fER CON'l'INEN'rAlJ SHE].Jl<~.-Effective during 14 the period begirming on the date of enactment of tius .Llct 15 and ending on June 30, 2012, the Secretary shall not offer 16 for offshore leasing, preleasing, or any related activity any 17 moratorium area (as defined in section 32(a) of the Outer 18 Continental Shelf Lands Act (as added by section 377(a))) 19 unless a petition to permit the activity is approved under 20 section 32(c) of that ilct. 21 ( c) l\'iARINE SANC'l'UARIES. -The Secretary shall not 22 offer for offshore leasing', pre leasing, or any related activ- 23 ity any area located on the outer Continental Shelf that, 24 as of the date of enactment of this .Act, is designated as 25 a marine sanctuary under the Marine Protection, Re- May 25,2005 (9:50 p.m.) O:\END \END05505.LC RL. C. 8 1 search, and Sanctuaries Act of 1972 (33 D.S.C. 1401 et 2 seq.) (conunonly know'll as the 'Ocean Dumping Act') 3 On page 81, line 17, strike "371" and insert "376". 4 On page 95, after line 25, add the following: 5 SEC. 377. REVENUE SHARING; PETITION FOR LEASING NEW 6 PRODUCING AREAS. 7 (a) IN GENERAl.l.-The Outer Continental Shelf 8 Lands Act (43 D.S.C. 1331 et seq.) is amended by adding 9 at the end the following: 10 "SEC. 32. REVENUE SHARING; PETITION FOR LEASING NEW 11 PRODUCING AREAS. 12 "(a) DEJ;~INITIONS.-In tlus section: 13 "(1) EXlS'l'ING PRODUCING STA'l'E.-'rhe tenn 14 'existing producing State' means a State that- 15 "(A) has a coastline within 200 nautical 16 miles of the geograpluc center of a leased tract 17 \vithin any area of the outer Continental Shelf 18 that (as of the date of enactment of tIns sec- 19 tion) is available for use for the production of 20 oil or gas; and 21 "(B) has a coastline the majority of wluch 22 is not witlun a moratorium area. May 25,2005 (9:50 p.m.) O:\END\END05505.LC S.hC. 9 1 "(2) lVloRA'l'ORIU.l\1 AREA.-rrhe term 'morato- 2 rium area' means an area covered by sections 107 3 through 109 of' division E of the Consolidat.ed Ap- 4 propriat.ions Act, 2005 (Public Law 108-447; 118 5 Stat. 3063). 6 "(3) ~EW PRODUCING AREA.-'rhe term "new 7 producing area" means any moratorium area within 8 the boundaries of a State that is located greater 9 than 20 miles from the coastline of the State. 10 "(b) l\lINERAI~ RESOURCE DATA.- 11 "(1) IN GENERAh-rrhe Governor of a State 12 that has a ma.jority of the coastline of the State 13 within a moratorium area may request the Secretary 14 to pro'\'ide the Stat~ with all data held by the Sec- 15 retary relating to the mineral resources of the State. 16 "(2) PROVISION Of<' DArl'A.-~ot later than 90 17 days after the receipt of the request of a State under 18 paragraph (1), the Secretary- shall provide the data 19 to the State. 20 "(3) El<'l<'EC'l' 01<' SUBSEC'1'10N.-~othing in this 21 subsection affects the authority of the Secretary 22 under any other provision of law. 23 "(c) PE'l'l'l'ION !<'OR LEASING ~EW PRODUCING 24 AREAS.- May 25, 2005 (9:50 p.m.) O:\END\END05505.LC 8.hC. 10 1 "(1) IN GENERAI.J.-Beginning on the date on 2 which the Secretary delineates projected State lines 3 under section 4{a)(2)(A)(ii), the Governor of a State 4 \vith a new producing area, with the consent of the 5 legislature of the State, may submit to the Secretary. 6 a petition requesting that the Secretary make avail- 7 able the new producing area for- 8 "(A) gas-only leasing; or 9 "(B) oil and gas leasing. 10 "(2) AC'l'LON BY SECRE'l'.ARY.-~otwithstanding 11 section 18, as soon as practicable after receipt of a 12 petition under paragraph (1), the Secretary shall ap- 13 prove the petition if the Secretary determines that 14 leasing the new producing area would not create an 15 unreasonable risk of harm to the marine, human, or 16 coastal environment. 17 "(d) DIS'l'RIBU'l'ION TO STATES.- 18 "(1) IN GENERA.h-rfhe Secretary of the 19 Treasury shall distribute to States, in accordance 20 with paragraph (2), a total amount of revenues for 21 each fiscal year that is equal to 100 percent of the 22 revenues collected by the Ji'ederal Government (in- 23 eluding royalties, payments for royalty taken in kind 24 and sold, bonus bids, rents, and interest on the reve- 25 nues) under a lease for a new producing area under May 25,2005 (9:50 p.m.) O:\END\END05505.LC 8.hC. 11 1 tiris Act on or after the date of enactment of this 2 section. 3 "(2) .i.\1...Il0CA'1'ION AMONG S'.rA'l'ES.- 4 "(A) IN GENERAl1.-Subject to subpara- 5 graphs (B) through (D), of the amount of reve- 6 nues that are distributed under paragTaph (1) 7 for a fiscal year from a lease for a new pro- 8 ducing area, the Secretary of the Treasury shall 9 allocate- 10 "(i) 50 percent of the revenues to ex- 11 isting producing States; and 12 "(ii) 50 percent of the revenues to 13 each State that has a coastline- 14 "(1) that is within 200 nautical 15 miles of the geographic center of the 16 leased tract in the new producing 17 area; and 18 "(II) the majority of wlrich is not 19 within a moratorium area. 20 "(B) .AU1OCA'l'ION AlVlONG EXISTING PRO- 21 DUCING STA'l'ES.-Su~ject to subparagraph (0), 22 the amount of revenue that is distributed to ex- 23 isting producing States under subparagraph 24 (A)(i) for a fiscal year shall be allocated to each May 25, 2005 (9:50 p.m.) O:\END\END05505.LC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 May 25, 2005 (9:50 p.m.) S.hC. 12 existing producing State based on the ratio that- "(i) all revenues derived from all leases on the J.....ederal outer Continental Shelf ,,,'ithin 200 nautical miles of the coastline of the existing producing St.ate for the fiscal year; bears to "(ii) all revenues derived from all leases on the Pederal outer Continental Shelf in all existing producing States for the fiscal year. "(C) lVlINIMUM AlAl.JOCATION FOR EXISTING PRODUCING S'l'ATEs.-Each existing producing State shall receive at least 1 percent of the amount of revenue that is distributed to exist- ing producing States under subparagraph (.A)(i) for a fiscal year. "(D) Au...OCArrION POR NEW PRODUCING ARE.AS.-rrhe Secretary of the Treasury shall distribute revenues under paragraph (2)(A)(ii) based on the proximity of a State described in paragraph (2)(A)(ii) to the leasing activity that genera ted the revenues. "(3) DISPUTED REVENUES.- O:\END\END05505.LC 8.hC. 13 1 "(.1\.) SUSPENSE ACCOUNT.-Any revenues 2 described in paragraph (1) the distribution of 3 which is the subject of a legitimate dispute, as 4 determined by the Secretary, shall be placed in 5 a suspense account by the Secretary of the 6 rrreasury' until the date on which a final deter- 7 mination relating to the dispute is filed. 8 "(B) DIS'l'RlliU'l'ION ON RESOI.lU'l'ION.-If 9 a dispute lmder subparagraph (A) is resolved in 10 favor of a Stc'lte, the Secretary shall provide any 11 revenues (including interest) in the suspense ac- 12 cOlmt to States in accordance with this sub- 13 section not later than the last business day of 14 the mont.h during \vhich the final determination 15 relating to the dispute is filed. 16 "(4) EXCESS REVENUEs.-Any revenues re- 17 maining in the rl'reasury after each distribution re- 18 quired under paragraphs (1) through (3) is made 19 shall be credited to miscellaneous receipts of the 20 rrreasury. 21 "(5) USE 01<' I<'UNDS.-A State that receIves 22 nmds under tIils subsection for leasing may use the 23 funds- 24 "(A.) to reduce irl-State college tuition. May 25, 2005 (9:50 p.m.) O:\END\END05505.LC 8.I.",C. 14 1 "(B) to' make transpartatiO'n infrast.ructure 2 impravements; 3 "( C) to' reduce taxes; 4 "( D) to' promO'te cO'astal restaratian; 5 "(E) to' imprO've infrastructure far activi- 6 ties cO'nducted O'n the O'uter CO'ntinental Shelf; 7 ar 8 "(}4') far any O'ther purpase det.ermined ap- 9 propriate by the State. 10 "(e) ..ADMINISTRATIVE Cos'rs.-The amaunt af reve- 11 nues provided t.a a State under subsectiO'n (d) shall nO't 12 be decreased by the amO'unt O'f any administ.rative O'r O'ther 13 CO'sts incurred by the V niteel States in carrying O'ut. this 14 sect.iO'n. 15 "(f) RELATIONSHIP TO OTHER .Al.J-"OCATIONS.-The 16 cO'llect.ian and dist.ributiO'n O'f revenues lmder this sectiO'n 17 shall nO't affect- 18 "(1) revenues provided under sect.ian 8(g); O'r 19 "(2) revenues provided to' a State before the 20 date O'f enactment. O'f this sectiO'n.". 21 (b) CONl<~ORl\UNG .Al\olENDl\1EN'l'.-SectiO'n 4(a)(3) O'f 22 t.he Outer CO'ntinental Shelf Lands Act (43 V.S.C. 23 1333{a)(3)) is amended by striking "O'r the revenues 24 therefrO'm". May 25, 2005 (9:50 p.m.) O:\END\END05505.LC S.lJ.C. 15 1 SEC. 378. REGULATIONS. 2 (a) IN GENERAh-rrhe Secretary of the Interior shall 3 issue such regulations as are necessary to carry out this 4 subtitle and the amendments made by this subtitle, includ- 5 ing regulations establishing procedures for entering into 6 gas-only leases. 7 (b) GAS-ONI~Y LEASE8.-ln issuing regulations es- 8 tablishing procedures for entering into gas-only leases, the 9 Secretary shall- 10 (1) ensure that gas-only leases under the Outer 11 Continental Shelf Lands Act (43 D.S.C. 1331 et 12 seq.) are not available in a State that (as of the day 13 before the date of enactment of this Act) did not 14 contain a moratorium area (as defined in section 15 32(a) of that Act (as added by section 377)); and 16 (2) define "natural gas" as- 17 (A) unmix:ed natural g-as; or 18 (B) any illTh'ture of natural or artificial gas 19 (including compressed or liquefied petroleum 20 gas) and condensate recovered from natural 21 gas. 22 (c) EXISTING LEASES.-~othing in this subtitle or 23 an amendment made bv this subtitle affects anv lease in .' .' 24 existence on the date of enactment of this Act. May 25, 2005 (9:50 p.m.) City of Clearwater Costs- based on requests by Ironman (These are estimates as of 6/1/05 reflect the best guess costs for the event which will be held in Nov. 2006) I b, c,t-h(Q CU.'i'> c.', L f~C'\--1G(,\ cc /v\ct~ b-tb-OS Barricades & Cones Traffic Operations Staff ";Police(tc~i;;~f;j;;;; ;;lOfficers (course & event)** $1,000.00 $925,001 $925.001 $1,500.00 $1,500.00 j $500.00 $500.00 $52,500.00 I $52,500.00~ $11,000.00 $11,000.00 $1,500.00 $ 'Solid ,Waste~;~:<(" ;~I Dumpsters Course- Set-up (Includes- Tug boat, buoys, sinkers) Medical Coordination, EMS Coverage, Inspector, Sunstar Portable Toilets Staff- Incl. Electricians, Maintenance & Custodial Workers, Van Drivers, Events Operator, Events Staff, Volunteer Coordinator Trucks, Mules, Golf Carts, Barricades Portable Offices- 4 Events Securit T-Shirt Bleachers Generators Tents, Tables, Chairs, Scaffolding, Pop-up Tents $3,500.00 $3,500.00 $2,500.00 $2,500.00 $2,300.00 $ $3,500.00 $3,500.00 $5,000.00 $ $3,500.00 $ $4,000,00 $ $1,145.00 $1,145.00 $325.00 $325.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $800.001 $800.001 . Telecom ;, '; '1Internet & Phone Lines on site **This is paying police directly through City payroll If lronman payed directly the costs would be 18% less, Other Items Reqested by Ironman Items Requested I Estimated Cost Possible Provider Close 50% of Park- 7 Da s Close 100% of Park- 1 Da TBD $100,000.00 TBD $16,000.00 TBD TBD TBD TBD TBD Unscanned Item (Boxed ORLS) City Council Mtg (06-16-05) Re: Item 16 Other Council Action Folder: Ironman "Anything is Possible" containing: Events Booklet, DVD Triathlon Wodd Championship 2004 Official Race Program 2004 2005 Official Qualifier's Guide Steve Meckfessel, Events Director Business Card Enclosed.