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03/19/2015Thursday, March 19, 2015 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda March 19, 2015City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) 4.1 April is Water Conservation Month Proclamation 4.2 Clearwater Little League Plaque presentation to the City - Mike Woodall 4.3 Duke Energy Power Partners Award for LED streetlight conversion project 5. Approval of Minutes 5.1 Approve the minutes of the March 5, 2015 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 3/18/2015 March 19, 2015City Council Meeting Agenda 7.1 Award a Construction Contract to Poole and Kent Company of Florida, of Tampa, Florida, for the East Water Reclamation Facility Effluent Filters Rehabilitation Project (13-0014-UT) in the amount of $1,552,852.00, which is the lowest responsible bid received in accordance with the plans and specifications; approve a supplemental work order to Engineer of Record (EOR) King Engineering, Inc. in the amount of $19,761.00 for Construction Engineering Inspection Services and authorize the appropriate officials to execute same. (consent) 7.2 Award a contract (Purchase Order) in the amount of $ 178,510.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one Osage Warrior Rescue Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) 7.3 Award a contract (Purchase Order) for $185,400.22 to Alan Jay Fleet Sales of Sebring, FL for the purchase of six 2015 Ford F350’s for Parks and Recreation Department’s Replacement Vehicles, in accordance with the Florida State Contract 25100000-15-1, 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) 7.4 Award a construction contract to All American Concrete Inc. of Largo, Florida, in the amount of $3,673,266.71 for construction of Island Estates Bridge Replacements (13-0004-EN), which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a work order to Engineer of Record (EOR), McKim and Creed, Inc., in the amount of $146,200.00 to provide engineering services for a sanitary sewer system inflow and infiltration (I/I) flow reduction program (15-0004-UT); and authorize the appropriate officials to execute same. (consent) 7.6 Reappoint Nino Accetta and Edward T. O’Brien, Jr. to the Marine Advisory Board with terms to expire March 31, 2019. (consent) 7.7 Appoint Joseph A. Nycz to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2017. (consent) Page 3 City of Clearwater Printed on 3/18/2015 March 19, 2015City Council Meeting Agenda 7.8 Approve annual blanket purchase order (contract) and two one-year renewal terms at the City’s option, to TK6 Worldwide of Tampa, FL per Invitation to Bid 16-15, in the total annual amount of $60,000 for electronic waste recycling services, as required by the Solid Waste Department. (consent) 7.9 Award a contract (Purchase Order) for $155,024.50 to Alan Jay Fleet Sales of Sebring, FL for the purchase of five 2015 Ford F250’s for Engineering, Gas and Public Utilities Department’s Replacement Vehicles, in accordance with the Florida Sheriff’s Association Contract 14-22-0904 and 14-12-0904 (1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) 7.10 Approve the settlement agreement and general release between Michael Jackson and the City of Clearwater, authorize the payment of $120,000 and three years of pension service credit, and authorize the appropriate officials to execute same. (consent) 7.11 Approve selection of Biltmore Construction of Belleair, FL as the Construction Manager at Risk (CMAR) for the proposed Fire Station 50 project (14-0040-FI). (consent) 7.12 Approve a two-year blanket purchase order (contract) with option for one two-year period renewal with NOVA Engineering and Environmental, LLC for building inspections, reporting, and construction management services not to exceed $100,000 per term and authorize the appropriate officials to execute same. (consent) 7.13 Approve a Mutual Use Agreement with Tampa Bay Water, given in consideration of receipt of $10.00 and authorize the appropriate officials to execute same. (consent) 7.14 Approve annual blanket purchase orders (contracts) and two one-year renewal terms at the City’s option, per Invitation to Bid Number 06-14, in the total annual amount of $150,000 for Inspection and Plan Review Services, as required by the Planning and Development Department and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 3/18/2015 March 19, 2015City Council Meeting Agenda 7.15 Award a contract (Purchase Order) for $137,249.00 to Duval Ford Fleet Sales of Jacksonville, FL for the purchase of five 2015 Ford Transits for Engineering, Fire, Public Utilities and Solid Waste Department’s Replacement Vehicles, in accordance with the Florida Sheriff’s Association Contracts 14-22-0904 and 14-12-0904 (1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the historic designation of the Old Pinellas County Courthouse located at 324 South Fort Harrison Avenue; and pass Ordinance 8680-15 on first reading. (HIS2014-12003) 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1490 Grove Circle Court; and pass Ordinances 8683-15, 8684-15 and 8685-15 on first reading. (ANX2015-01001) 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1224 Palm Street and 2077 The Mall; and pass Ordinances 8686-15, 8687-15 and 8688-15 on first reading. (ANX2015-01002) 8.4 Approve the annexation of property located at 2930 County Road 193; together with all right-of-way of County Road 193; and pass Ordinance 8677-15 on first reading. (ANX2014-11024) 8.5 Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for property located at 2930 County Road 193; and pass Ordinance 8678-15 on first reading. (LUP2014-11004) Page 5 City of Clearwater Printed on 3/18/2015 March 19, 2015City Council Meeting Agenda 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) District (City) for property located at 2930 County Road 193; and pass Ordinance 8679-15 on first reading. (REZ2014-11005) 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 8689-15 on second reading, vacating public right-of-way described as the 20-foot platted right-of-way, abutting and lying west of Lots 5, 6, 9, 10 and 13 of Block 6, “R.J. Booth Subdivision” as recorded in Plat Book 9, Page 22 of the Public Records of Pinellas County, Florida. 10.2 Adopt Ordinance 8690-15 on second reading, vacating that certain 15-foot drainage easement described as the South 15 feet of Lot 4, Block “C”, Unit 7 of Skycrest Subdivision as recorded in Plat Book 30, Page 18 of the Public Records of Pinellas County, Florida. 10.3 Adopt Ordinance 8691-15 on second reading, vacating public right-of-way described as that certain portion of Park Street right-of-way lying in the Northeast ¼ of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida. 10.4 Adopt Ordinance 8692-15 on second reading, establishing a Nuisance Abatement Board, providing for the appointment and terms of the members of the board, providing for the powers and procedures of the board, and providing for the issuance and enforcement of orders. 11. City Manager Reports 11.1 Recognize and designate the Clearwater Historical Society as the official historical society operating within the City of Clearwater and adopt Resolution 15-06. 11.2 Amend the City’s fiscal year 2014/15 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8702-15 and 8703-15 on first reading. 11.3 Sunset the Affordable Housing Advisory Committee (AHAC) and adopt Resolution 15-03. 11.4 Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds from a future tax-exempt financing and adopt Resolution 15-04. Page 6 City of Clearwater Printed on 3/18/2015 March 19, 2015City Council Meeting Agenda 11.5 Establish Capital Improvement Program (CIP) project Centennial Monument to be funded from general reserves in the amount of $650,000; approve a guaranteed maximum price (GMP) proposal from Biltmore Construction, Construction Manager at Risk, in the amount of $576,522 for the construction of the Centennial Monument (13-0056-CM), and authorize the appropriate officials to execute same. 12. City Attorney Reports 13. Other Council Action 13.1 Noise Ordinance - Mayor Cretekos 14. Closing comments by Councilmembers (limited to 3 minutes) 15. Closing Comments by Mayor 16. Adjourn Page 7 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1088 Agenda Date: 3/19/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: April is Water Conservation Month Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1089 Agenda Date: 3/19/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Clearwater Little League Plaque presentation to the City - Mike Woodall SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1090 Agenda Date: 3/19/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Duke Energy Power Partners Award for LED streetlight conversion project SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1114 Agenda Date: 3/19/2015 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the March 5, 2015 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 City Council Meeting Minutes March 5, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, March 5, 2015 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill Silverboard – Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Bishop George Klinger from The Church of Jesus Christ Latter-Day Saints 3. Pledge of Allegiance – Councilmember Hamilton 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) – Given. 4.1 Youth Arts Month Proclamation, March 2015 – Beth Daniels, Clearwater Arts Alliance President 4.2 Clearwater for Youth Presentation – Kevin Dunbar, Parks and Recreation Director Mr. Dunbar presented eight local students who were awarded scholarships. 4.3 US Coast Guard Awards Non-Commissioned USCG Officer, Chief of the Year - Chief John Hamilton Captain Rich Lorenzen - Commanding Officer FSC John Hamilton - Chief Petty Officer of the Year LT Meg Dillon - Officer of the Year LCDR Micah Acree - Admin Officer Representative for Department of the Year Page 2 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 Karolina Vega – Coast Guardsman of the Year for Sand Key Station Yeoman First Class Reanna Wack – Enlisted Person of the Year Mayor Cretekos recognized the honorees and thanked them for their dedicated service. 4.4 Florida Surveyors and Mappers Week Proclamation, March 15-21, 2015 – Tom Mahony, Engineering 5. Approval of Minutes 5.1 Approve the minutes of the February 19, 2015 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the February 19, 2015 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda John Hood presented the City with a copy of the National Audubon Society's Birds of America. Lillie Henry reviewed recent activities at the Martin Luther King, Jr. Neighborhood Center and encouraged all to visit the Center. 7. Consent Agenda – Approved as submitted. 7.1 Request authority to institute a civil action on behalf of the City against Future Works Communication, Inc., to recover $10,601.46 for damages to city property. (consent) 7.2 Authorize settlement of Joshua Gold v. City of Clearwater, Case 14-3610-CI-15, for payment by the City for $40,000.00 in exchange for full release from plaintiff and dismissal of action with prejudice. (consent) 7.3 Approve an increase of $2,138,538 in the Clearwater Gas System (CGS) Fiscal Year 14/15 Dividend to the City General Fund and allocate $850,000 of this back to the Clearwater Gas System for following: $810,000 to accelerate the CGS Antiquated Main Replacement Program; and $40,000 for payment of Clearwater’s July 4 Fireworks Sponsorship. (consent) Page 3 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 7.4 Approve Event Agreement (Agreement) between the City and Beasley Media Group, Inc. (Beasley) to use Coachman Park on March 7, 2015 to produce, organize and coordinate an outdoor concert event known as Wild Splash and authorize the appropriate officials to execute same. (consent) 7.5 Approve the purchase of excess property insurance, including Inland Marine, Boiler and Machinery, and Terrorism coverages, from April 1, 2015 to April 1, 2016, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,816,448, and authorize the appropriate officials to execute same. (consent) 7.6 Award a contract for utility rate study and other professional services for the five-year period ending February 29, 2020, for the Water and Sewer; Stormwater; and Solid Waste and Recycling utilities to Burton and Associates, Inc. for a not-to-exceed amount of $329,000, and authorize the appropriate officials to execute same. (consent) Vice Mayor Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from Clearwater Academy, Inc. to vacate a portion of Prospect Avenue, a public right-of-way; and pass Ordinance 8689-15 on first reading. (VAC2015-01) Clearwater Academy, Inc. has requested the vacation of the portion of Prospect Street between Drew Street and Grove Street. The right-of-way is 20-ft. wide, which is substandard for traffic circulation. There are public and private utilities located within the right-of-way. The City will retain a utility easement over the vacated area and the ordinance requires the property owners to grant easements to Duke Energy, Verizon Florida, Bright House Networks and Knology of Central Florida (d.b.a. WOW!). In response to a question, Real Estate Services Coordinator Chuck Lane said Clearwater Academy owns the west side; the right-of-way will go to the east side. The property owners on the east side will grant easements for utilities. Councilmember Polglaze moved to approve the request from Clearwater Academy, Inc. to vacate a portion of Prospect Avenue, a Page 4 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 public right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8689-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8689-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.2 Approve the request from Yarab Holdings, LLC to vacate a portion of a platted drainage easement; and pass Ordinance 8690-15 on first reading. (VAC2015-02) Yarab Holdings, LLC has requested the drainage easement vacation for the purpose of making improvements to property located at 407 Aurora Avenue. Staff has reviewed the request; the City’s Stormwater Division has no current need and anticipates no future need for the easement for drainage purposes. Councilmember Jonson moved to approve the request from Yarab Holdings, LLC to vacate a portion of a platted drainage easement. The motion was duly seconded and carried unanimously. Ordinance 8690-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8690-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.3 Approve the request from Prospect Park Development, LLC to vacate a portion of Park Street, a public right-of-way; and pass Ordinance 8691-15 on first reading. (VAC2015-03) Prospect Park Development, LLC (Owner) has requested the right-of-way vacation for the purpose of incorporating the vacated area into a proposed development project in Downtown Clearwater. The Owner will be submitting a plat for City approval over property including the vacated right-of-way. There are public and private utilities located within the right-of-way. The ordinance is contingent upon necessary easements being dedicated to the public by plat. Vice Mayor Hock-DiPolito moved to approve the request from Prospect Park Development, LLC to vacate a portion of Park Street, Page 5 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 a public right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8691-15 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 8691-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8656-15 on second reading, annexing certain real properties whose post office addresses are 1331 Union Street, 1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater, Florida 33755, together with certain right-of-way of The Mall, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Staff has provided a Motion to Amend: striking “not currently within the city, into the corporate limits of the city,” from the ordinance title (lines 10-12). Ordinance 8656-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8656-15 on second and final reading. The motion was duly seconded. Councilmember Jonson moved to amend Ordinance 8656-15 as follows: “AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD, AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1331 UNION STREET, 1921 AND 1938 MACOMBER AVENUE, 1925 NORTH BETTY LANE, AND 1927 AND 1936 CHENANGO AVENUE, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF THE MALL NOT CURRENTLY WITHIN THE CITY, INTO THE CORPORATE LIMITS OF THE CITY , INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.” The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance 8656-15 as amended Page 6 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.2 Adopt Ordinance 8657-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1331 Union Street, 1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Staff has provided a Motion to Amend: striking, “together with certain right-of-way of the mall not currently within the city” (lines 12-13). Ordinance 8657-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8657-15 on second and final reading. The motion was duly seconded. Councilmember Polglaze moved to amend Ordinance 8657- as follows: “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 PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD, AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1331 UNION STREET, 1921 AND 1938 MACOMBER AVENUE, 1925 NORTH BETTY LANE, AND 1927 AND 1936 CHENANGO AVENUE, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF THE MALL NOT CURRENTLY WITHIN THE CITY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE.” The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance 8657-15 as amended was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.3 Adopt Ordinance 8658-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1331 Union Street, Page 7 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 8658-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8658-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.4 Adopt Ordinance 8659-15 on second reading, annexing certain real properties whose post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Florida 33755, along with certain right-of-way of North Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8659-16 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8659-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.5 Adopt Ordinance 8660-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8660-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8660-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.6 Adopt Ordinance 8661-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Page 8 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 8661-15 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 8661-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.7 Adopt Ordinance 8662-15 on second reading, annexing certain real property whose post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, together with all right-of-way of Macomber Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8662-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8662-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.8 Adopt Ordinance 8663-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for annexing certain real property whose post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8663-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8663-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.9 Adopt Ordinance 8664-15 on second reading, amending the Zoning Atlas of the city by zoning annexing certain real property whose post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 9 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 Ordinance 8664-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8664-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.10 Adopt Ordinance 8665-15 on second reading, annexing certain real properties whose post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater, Florida 33759, together with certain rights-of-way of Evans Drive and South Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Staff has provided a Motion to Amend: replacing the word Route in the ordinance title with Road. Ordinance 8665-15 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 8665-15 on second and final reading. The motion was duly seconded. Councilmember Hamilton moved to amend Ordinance 8665-15 as follows: “AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/2737 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN RIGHT-OF-WAYS OF EVANS DRIVE AND SOUTH DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.” The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance 8665-15 as amended was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Page 10 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 Jonson, Councilmember Hamilton and Councilmember Polglaze 9.11 Adopt Ordinance 8666-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for annexing certain real properties whose post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low, (RL), Residential Medium (RM) and Preservation(P)/Drainage Feature Overlay. Staff has provided a Motion to Amend: replacing the word Route in the ordinance title with Road. Ordinance 8666-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8666-15 on second and final reading. The motion was duly seconded. Vice Mayor Hock-DiPolito moved to amend Ordinance 8666-15 as follows: “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 PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/ 2737 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P)/DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE.” The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance 8666-15 as amended was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.12 Adopt Ordinance 8667-15 on second reading, amending the Zoning Atlas of the city by zoning annexing certain real properties whose post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater, Florida 33759, upon annexation into the City Page 11 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 of Clearwater, as Low Medium Density Residential (LMDR), Medium Density Residential (MDR) and Preservation (P). Staff has provided a Motion to Amend: replacing the work Route in the ordinance title with Road. Ordinance 8667-15 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 8667-15 on second and final reading. The motion was duly seconded. Councilmember Hamilton moved to amend Ordinance 8667-15 as follows: “AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/ 2737 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR), MEDIUM DENSITY RESIDENTIAL (MDR), AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE.” The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance 8667-15 as amended was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.13 Adopt Ordinance 8668-15 on second reading, annexing certain real properties whose post office addresses are 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, together with all right-of-way of Burnice Drive abutting Lot 8, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8668-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8668-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Page 12 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 9.14 Adopt Ordinance 8669-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8669-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8669-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.15 Adopt Ordinance 8670-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 8670-15 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 8670-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.16 Adopt Ordinance 8671-15 on second reading, annexing certain real property whose post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8671-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8671-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Page 13 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 9.17 Adopt Ordinance 8672-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for annexing certain real property whose post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8672-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8672-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 9.18 Adopt Ordinance 8673-15 on second reading, amending the Zoning Atlas of the city by zoning annexing certain real property whose post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8673-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8673-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10. City Manager Reports 10.1 Create a Nuisance Abatement Board with the authority to abate nuisances on premises where specified illegal activity is occurring, such as activity involving the unlawful use of drugs and prostitution and pass Ordinance 8692-15 on first reading. Section 893.138, Florida Statutes, authorizes a municipality to create an administrative board with the authority to issue orders abating nuisances on premises where specified illegal activity is occurring, such as activity involving the unlawful use of drugs and prostitution. Section 893.138, Florida Statutes, also authorizes municipalities to adopt ordinances imposing penalties for public nuisances, including fines not to exceed $250 per day, including investigative costs and reasonable attorney fees associated with investigations of and hearings on public nuisances; providing for continuing jurisdiction for a period of 1 year over any place or premises that has been or is declared to be a public nuisance; establishing penalties, including fines not to exceed $500 per day for recurring public Page 14 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 nuisances; providing for the recording of orders on public nuisances so that notice must be given to subsequent purchasers, successors in interest, or assigns of the real property that is the subject of the order; providing that recorded orders on public nuisances may become liens against the real property that is the subject of the order; and providing for the foreclosure of non-homestead property subject to a lien and the recovery of all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure. In response to questions, the City Attorney said Council would appoint the members to the Board and follow the same process as other advisory boards, per city code. Assistant City Attorney Rob Surette said seven members is a good numbered board and allows quorum to be attained easily. Individuals may not serveconcurrently on two boards. Councilmember Polglaze moved to create a Nuisance Abatement Board with the authority to abate nuisances on premises where specified illegal activity is occurring, such as activity involving the unlawful use of drugs and prostitution. The motion was duly seconded and carried unanimously. Ordinance 8692-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8692-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.2 Accept the conveyance of real property located in the North 1/2 of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East from Pinellas County for the purpose of expanding recreational facilities at Lake Chautauqua Equestrian and Nature Preserve and adopt Resolution 15-07. In 2007, the City acquired the Lake Chautauqua Equestrian and Nature Preserve through the assistance of the Florida Communities Trust program. The park was recently developed with trails and other amenities and opened to the public for recreational use. City staff submitted a vacation request to Pinellas County for the undeveloped right-of-way to the north, south and east sides of the Lake Chautauqua Equestrian and Nature Preserve. The vacation request to release the right-of-way was granted by the Pinellas County Board of Commissioners on January 13, 2015. The County was the owner in fee title to the subject right-of-way which is located adjacent to City-owned property. When the County releases right-of-way to which they own Page 15 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 the underlying fee title, their process includes deeding the property to the adjacent land owner. This agenda item accepts that conveyance of real property from Pinellas County. Since the property is already being utilized as a park, no additional costs will be incurred due to the conveyance of this property. Councilmember Jonson moved to accept the conveyance of real property located in the North 1/2 of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East from Pinellas County for the purpose of expanding recreational facilities at Lake Chautauqua Equestrian and Nature Preserve. The motion was duly seconded and carried unanimously. Resolution 15-07 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution 15-07. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.3 Approve a ULI recommendation to create a Stakeholders Advisory Group of no less than 13 members and have staff identify proposed members recommended by the stakeholder groups. The ULI Panel Report recommended creation of an “umbrella advisory group with representation from all the other stakeholder organizations and civic groups” to “create a forum for the discussion of issues with the City and their development partners that involves a cross section of community interests.” However, there has been concern expressed by some Downtown organization members that the Public Meetings Law limitations on a City-created committee structure could discourage participation, due to the restriction on members discussing issues among themselves, which a City-created committee has before them for consideration. This is felt to be particularly relevant in the Downtown, due to frequent multiple memberships on Downtown committees and the fact that the organization agendas/topics would mirror the issues discussed by a ULI Report focused committee. Additionally, some sentiment has been expressed that the restrictions of the Public Meetings Law could discourage the frank expression of opinions and/or discussion of sensitive issues necessary to achieve the objectives of the ULI Study and Downtown redevelopment. Page 16 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 At the November 12, 2014 Special Work Session, staff committed to review options for a committee structure and make same available to the Council for consideration at the January 21, 2015 Special Work Session. Staff provided Council with a matrix that summarized staff’s review. Subsequently, at the January 21 Special Work Session, the City Council expressed preliminary interest in an advisory group structure similar to that anticipated by the ULI panel, operating within the Public Meetings Law , and requested staff to develop a possible structure for the Stakeholder Advisory Group accordingly. Staff looks forward to Council direction on whether this structure meets Council expectations for the stakeholder input component, or whether further discussion/research is desired. Assistant City Manager Rod Irwin said the ULI Panel assessed the East Gateway, Downtown, the Bluff, and the north Marina areas and provided recommendations based on their professional experience. It is up to the community to decide which recommendations will work. Many of the stakeholder representatives have expressed concerns with a council-appointed board, as the Sunshine Law will constrain them from interacting as they are active in more than one stakeholder group. In response to a question, the City Attorney said that Council may reconvene a meeting with the CRA/DDB, and include the Clearwater Regional Chamber of Commerce (Chamber) and ask for their advice on the stakeholders group recommendation. The meeting would be open to the public. There was consensus to reconvene a meeting with the CRA and DDB, and invite the Chamber. Staff was directed to schedule the meeting, invite the Clearwater Downtown Partnership, and include the PowerPoint presentation used at the original ULI presentation to Council with updates to the status of the priorities. In response to concerns, the City Attorney said individuals may provide input to Council at any time. Should Council appoint an advisory group, the members would be subject to the Sunshine Law. Mr. Irwin said a ferry service for Clearwater Beach employees will launch soon from the Downtown Marina, which was a ULI recommendation. Page 17 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 11. City Attorney Reports – None. 12. Other Council Action 12.1 Undergrounding of power lines on Poinsettia in front of Pelican Walk Parking Ramp - Councilmember Jonson Councilmember Jonson presented a suggested change to the Community Development Code, Section 3-912,“…Wherever the development results in front zero setback buildings, then any existing above ground utilities located between the street and the building shall be undergrounded or relocated to the rear of the property.” Councilmember Jonson moved to amend the Community Development Code, Section 3-912, as suggested above. The motion was duly seconded. Discussion ensued with concerns expressed regarding amending the city code to address a site-specific situation and to place the burden of undergrounding on a developer. It was stated that Duke Energy has provided a cost estimate and City could identify a funding source to underground utilities on Poinsettia. In response to questions, the City Attorney said if approved, the proposed code amendment would not apply to the Pelican Walk project. Council may request the developer to underground the utilities if a request to amend the development agreement is considered. Assistant City Manager Jill Silverboard said the parking revenue is an undesignated revenue; Council determines its use. The City Attorney said Council may use funds to take infrastructure steps to implement Beach by Design. There was no consensus to pursue the code amendment. Councilmember Jonson withdrew his motion. 13. Closing comments by Councilmembers (limited to 3 minutes) Page 18 City of Clearwater Draft City Council Meeting Minutes March 5, 2015 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and urged all to vote for Clearwater as Best Beach at www.10best.com. 15. Adjourn The meeting adjourned at 7:47 p.m. Mayor City of Clearwater Attest City Clerk Page 19 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-899 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award a Construction Contract to Poole and Kent Company of Florida, of Tampa, Florida, for the East Water Reclamation Facility Effluent Filters Rehabilitation Project (13-0014-UT) in the amount of $1,552,852.00, which is the lowest responsible bid received in accordance with the plans and specifications; approve a supplemental work order to Engineer of Record (EOR) King Engineering, Inc. in the amount of $19,761.00 for Construction Engineering Inspection Services and authorize the appropriate officials to execute same. (consent) SUMMARY: The work provides for the rehabilitation of the existing effluent filters at the East WRF. This project follows the recent successful completion of the rehabilitation project for the Marshall Street WRF effluent filters. Similar to the previous project, the old filter equipment will be sequentially taken out of service and replaced with new mechanical and electrical equipment. Project benefits are improved process efficiencies, ongoing rehabilitation and restoration strategy of treatment infrastructure, increased environmental protection and regulatory compliance. The design phase was completed in October 2014 and the construction phase is scheduled for completion in May 2016. EOR King Engineering, Inc. has reviewed the five bids received on this project and recommended award to Poole and Kent Company of Florida. King Engineering will be providing full Construction Engineering Inspection services during the construction phase. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the East WRF. APPROPRIATION CODE AND AMOUNT: 0315-96664-561300-535-0000 $19,761.00 0315-96664-568300-535-0000 $1,552,852 Funds are available in Capital Improvement Program project 0315-96664, WPC R and R, in the amount of $1,572,613 to fund the work order and contract. Page 1 City of Clearwater Printed on 3/18/2015 1A Filter Equipment and Services in accordance with Section 01150, 3.01A.(ODP amount paid to manufacturer by City)1 LS $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 $ 641,256.00 1B Owner Direct Purchase (ODP)-Sales Tax Savings Retained by the City, in accordance with Section 01150, 3.01B 1 LS $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 $ 38,525.36 1C Filter Rehabilitation Complete in accordance with Section 01150, 3.01C. 1 LS $ 775,000.00 $ 775,000.00 $ 429,318.64 $ 429,318.64 $ 615,155.00 $ 615,155.00 $ 550,000.00 $ 550,000.00 $ 560,000.00 $ 560,000.00 1D Filter Angle Iron Clips in accordance with Section 01150 3.01D 216 EA $ 20.00 $ 4,320.00 $ 50.00 $ 10,800.00 $ 54.00 $ 11,664.00 $ 47.00 $ 10,152.00 $ 56.00 $ 12,096.00 2 East WRF Influent Pump Station Rehabilitation in accordance with Section 01150, 3.01E 1 LS 3 Mobilization in accordance with Section 01150,3.01F (not to exceed 4% of the Base Bid Total)1 LS $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 47,958.00 $ 47,958.00 $ 48,743.64 $ 48,743.64 $ 40,000.00 $ 40,000.00 4 Indemnification in accordance with Section 01150, 3.01G.1 LS $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 1,499,201.36 $ 1,160,000.00 $ 1,354,658.36 $ 1,288,777.00 $ 1,291,977.36 5A Filter Influent Valves and Actuators in accordance with Section 01150 3.01H.6 EA $ 24,583.33 $ 147,499.98 $ 17,963.00 $ 107,778.00 $ 19,219.00 $ 115,314.00 $ 7,300.00 $ 43,800.00 $ 17,278.00 $ 103,668.00 5B Filter Filtrate Valves and Actuators in accordance with Section 01150 3.01I.6 EA $ 20,312.50 $ 121,875.00 $ 17,344.00 $ 104,064.00 $ 18,597.00 $ 111,582.00 $ 20,000.00 $ 120,000.00 $ 16,347.00 $ 98,082.00 5C Filter Backwash Valves and Actuators in accordance with Section 01150 3.01J.6 EA $ 20,625.00 $ 123,750.00 $ 17,244.00 $ 103,464.00 $ 19,118.00 $ 114,708.00 $ 21,000.00 $ 126,000.00 $ 16,520.00 $ 99,120.00 5D Filter Mudwell Valves in accordance with Section 01150 3.01K.6 EA $ 5,833.33 $ 34,999.98 $ 4,642.00 $ 27,852.00 $ 5,394.00 $ 32,364.00 $ 5,500.00 $ 33,000.00 $ 4,292.00 $ 25,752.00 5E Filter Air Mix Valves and Actuators in accordancewith Section 01150 3.01L.6 EA $ 5,416.62 $ 32,499.72 $ 3,693.00 $ 22,158.00 $ 3,772.00 $ 22,632.00 $ 3,000.00 $ 18,000.00 $ 3,457.00 $ 20,742.00 5F Backwash Pump Check Valves in accordance with Section 01150 3.01M.2 EA $ 15,000.00 $ 30,000.00 $ 9,628.00 $ 19,256.00 $ 12,019.00 $ 24,038.00 $ 12,000.00 $ 24,000.00 $ 12,462.00 $ 24,924.00 5G Backwash Pump Butterfly Valves in accordance with Section 01150 3.01N.2 EA $ 4,218.75 $ 8,437.50 $ 4,140.00 $ 8,280.00 $ 19,719.00 $ 39,438.00 $ 5,000.00 $ 10,000.00 $ 4,234.00 $ 8,468.00 TOTAL ADDITIVE ALTERNATE $ 499,062.18 $ 392,852.00 $ 460,076.00 $ 374,800.00 $ 380,756.00 TOTAL CONTRACT $ 1,998,263.54 $ 1,552,852.00 $ 1,814,734.36 $ 1,663,577.00 $ 1,672,733.36 Peach colored cells denote math or rounding errors BRANDES DESIGN-BUILD, INC. POOLE & KENT CONTRACTORS RTD CONSTRUCTION, INC.TLC DIVERSIFIED, INC.WHARTON-SMITH, INC. NOT IN CONTRACT UNIT PRICE TOTAL NOT IN CONTRACT UNIT PRICE TOTAL NOT IN CONTRACT PROJECT NAME & #: EAST WRF EFFLUENT FILTERS REHABILITATION (PROJECT #13-0014-UT) BID OPENING DATE: DECEMBER 4, 2014 AWARD DATE: FEBRUARY 5, 2015 NOT IN CONTRACT BIDDER’S GRAND TOTAL (BASE BID TOTAL OF ITEMS 1-4) ADDITIVE ALTERNATE WORK UNIT PRICE TOTAL NOT IN CONTRACT BASE BID ITEM DESCRIPTION EST. QTY.UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL Section V.docx Page i 9/12/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 Bond No.:_____________________ PUBLIC CONSTRUCTION BOND (Front Page) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Poole & Kent Company of Florida 1715 W. Lemon St. Tampa, FL 33606 (813) 251-2438 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4630 PROJECT NAME: EAST WATER RECLAMATION FACILITY (WRF) EFFLUENT FILTERS REHABILITATION PROJECT NO.: 13-0014-UT PROJECT DESCRIPTION: replacement of a portion of the compressed air system and chemical cleaning systems. The project includes furnishing and installing a new main filter control panel, fiber optic cable and plant SCADA work and may include the replacement of the air operated filter valves, which are bid as an additive alternate., address is 3141 S.R. 60, Clearwater, Florida, 33759. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. Section V.docx Page 1 of 17 9/12/2014 BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF ________________ KNOW ALL MEN BY THESE PRESENTS: That we Poole & Kent Company of Florida as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: The Base Bid of $1,160,000, and Additive Alternate Bid #5A of $107,778; Additive Alternate Bid #5B of $104,064; Additive Alternate Bid #5C of $103,464; Additive Alternate Bid #5D of $27,852; Additive Alternate Bid #5E of $22,158; Additive Alternate Bid #5F of $19,256; and, Additive Alternate Bid #5G of $8,280; for a total of ONE MILLION, FIVE HUNDRED FIFTY-TWO THOUSAND, EIGHT HUNDRED FIFTY-TWO Dollars ($1,552,852.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: EAST WATER RECLAMATION FACILITY (WRF) EFFLUENT FILTERS REHABILITATION PROJECT PROJECT #13-0014-UT: a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Section V.docx Page 2 of 17 9/12/2014 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. POOLE & KENT COMPANY OF FLORIDA By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ Section V.docx Page 3 of 17 9/12/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Poole and Kent Company of Florida, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: EAST WATER RECLAMATION FACILITY (WRF) EFFLUENT FILTERS REHABILITATION PROJECT PROJECT #13-0014-UT: in the amount of $1,552,852.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Section V.docx Page 4 of 17 9/12/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Section V.docx Page 5 of 17 9/12/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. Section V.docx Page 6 of 17 9/12/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) POOLE & KENT COMPANY OF FLORIDA By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Section V.docx Page 7 of 17 9/12/2014 CONSENT OF SURETY TO FINAL PAYMENT (replaces the Contractor’s Affidavit for Final Payment page) TO OWNER: City of Clearwater PROJECT NAME: East WRF Effluent Engineering Dept. Filters Rehabilitation 100 S. Myrtle Ave. PROJECT NO.: 13-0014-UT Clearwater, FL 33756 CONTRACT DATE: ____________________ BOND NO. : ____________________, recorded in O.R. Book _______, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: Poole and Kent Co. of Florida Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Name of Surety: _________________________________________________ Address: _____________________________________________________________________ _____________________________________________________________________ ,SURETY, on bond of Poole & Kent Company of Florida 1715 W. Lemon St. Tampa, FL 33606 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-971 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) in the amount of $ 178,510.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one Osage Warrior Rescue Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: This ambulance will be purchased through the Florida Sheriff’s Association and Florida Association of Counties Contract 15-11-0116 in proposal dated February 4, 2015. The new vehicle, Rescue 48, will be located at the Belcher Road station and replace a unit purchased in 2008. The unit it replaces will move to reserve status and replace a unit G 2112, which will be retired. Due to the age, mileage, and maintenance costs of this vehicle, it has been determined to have reached the end of its useful life as a front line rescue unit. Clearwater Fire and Rescue performs emergency medical services (EMS) under a contract with the Pinellas County EMS Authority. The proposed purchase was included in the Fiscal Year 2015 contract with the Authority and the budget submitted to Pinellas County; the City will be reimbursed for the purchase. Lease purchase funding in the amount of $240,000 for the purchase of one vehicle was included in the six-year City’s Capital Improvement 2015 budget in project 316-91236, Rescue Vehicles. Funds for debt payments are included in the Fiscal Year 2015 department operating budget. Estimated annual operating costs of $ 48,900.00 in the department’s operating budget include debt costs and garage charges for operating and maintaining the vehicle. Garage charges on the new vehicle are expected to be less than the vehicle being retired. APPROPRIATION CODE AND AMOUNT: Clearwater Fire and Rescue performs emergency medical services (EMS) under a contract with the Pinellas County EMS Authority. The proposed purchase was included in the Fiscal Year 2015 contract with the Authority and the budget submitted to Pinellas County; the City will be reimbursed for the purchase. Lease purchase funding in the amount of $240,000 for the purchase of one vehicle was included in the six-year City’s Capital Improvement 2015 budget in project 316-91236, Rescue Vehicles. Funds for debt payments are included in the Fiscal Year 2015 department operating budget. Estimated annual operating costs of $48,900.00 in the department’s operating budget include Page 1 City of Clearwater Printed on 3/18/2015 File Number: ID#14-971 debt costs and garage charges for operating and maintaining the vehicle. Garage charges on the new vehicle are expected to be less than the vehicle being retired. Page 2 City of Clearwater Printed on 3/18/2015 2-4-15 TO: Steve Strong CFO, CFEI, CFII Fire Division Chief / Fire Marshall Fire Prevention Services & Support Services Clearwater Fire & Rescue 1140 Court Street Clearwater, Florida 33756 FROM: Wayne Stowell and Cindy Morgan RE: Rescue Quote Chief Strong, Please accept this quote for one (1) 2016 Ford F450 Chassis with an Osage 148” Warrior Model Rescue / Ambulance Florida Sheriff’s Association FSA Fire / Rescue Bid. No. 15-11-0116 Base Price $127,959.00 Options $ 50,551.00 Total Price $178,510.00 Price is effective for 90 days from above stated date. 1. Includes a final inspection trip for three (3) department personnel to Osage. 2. Final delivery will be to Clearwater Fire & Rescue administration Thank you for your support of Ten-8 Fire Equipment and Osage Ambulances for this opportunity to provide your department a new rescue/ambulance. Sincerely, Sincerely, Wayne Stowell Cindy Morgan Wayne Stowell Cindy Morgan Sales Representative VP Vehicle Sales Ten-8 Fire Equipment 2904 59th Ave. Dr. E. Bradenton, FL 34203 www.ten8fire.com Page 1 of 2 11-6-13 2015 FORD F-450 OSAGE “2148 WARRIOR” TYPE I STANDARD FEATURES  MEMBER AMD and FORD QVM PROGRAM   CERTIFIED KKK-1822-F  CHASSIS  2015 Ford F-450 w/ 47A Amb Prep Pkg  165” Wheel Base w/ Dual Rear Wheels  GVWR: 16,500 LBS  Front & Rear Stabilizer Bar  6.7 L Turbo Diesel w/ Ford Block Heater Wired to the Shoreline  Engine Hour Meter  Ford Auxiliary Idler Control Unit  Torqshift™ 6-Speed Automatic Transmission w/ Tow / Haul Feature  4-Wheel Disc Brakes w/ ABS  Stainless Steel Wheel Inserts  Aluminum Diamond Plate Running Boards  Rear Mud Flaps  Dual Air Bags  Dual Map Lights  Tilt Steering Wheel & Cruise Control  Electric Windows & Door Locks  Keyless Remote Entry  AM/FM Stereo Clock Radio w/ CD  Deluxe Cloth High Back Captains Chairs  Rubber Floor Mat I.L.O. Carpet  Ford OEM Mirrors, Heated and Power Adjust  Daytime Running Lights  Kelderman Air-suspension System MODULE  Module Dimensions: 148”L x 83”H x 96” W  Totally “Seamless” Body Construction  Exterior Side & Roof Panels .125” Aluminum  One-Piece Exterior Side Panels  One-Piece Crowned Roof  Frame Members 2” x 2” Aluminum Tubing  Frame Members on 12” Centers  Diamond Plate Shields: * Across Lower Rear of Body * Across Lower Front of Body * Lower 1/3 of Entry Doors  All Exterior Doors “Pan-Formed” / Extruded Double Break Construction  All Body Openings “Seamless”  All Door Latches Mounted Behind Gaskets  Exterior Compartment @ Front Left for Storage of Oxygen Tank and Back Boards  Optional Curbside Backboard Storage  Exterior Compartment Adjustable Shelving  Exterior Compartment Lighting  Cast “Grabber” Door Holders  Lower Body Impact Rub Rails  Polished Stainless Steel Fenderettes  Grip Strut Rear Step Bumper w/ 4” x 18” Dock Bumpers  Automotive Undercoating WARNING SYSTEM  Two Red Whelen 2x5 LED’s Lights Mounted in Grill  Two Red Whelen 7x3 LED Intersection Lights Mounted in the Front Fenders  Eight Red LED Whelen 9x7 Modular Lights  One Clear LED Whelen 9x7 Front Modular Light  One Amber LED Whelen 9x7 Rear Modular Light  Two Optic Whelen 9x7 Scene Lights Per Side  Two Optic Whelen 9x7 Rear Load Lights  Primary / Secondary Switching  Carson SA 400 Siren  Cast Siren Speaker  Siren / Horn Switch  Rear DOT Lighting Whelen LED 4x6 w/ Chrome Flanges: Red Tail / Brake, Amber Arrow Turn  Reverse is Halogen  LED Clearance / Marker Lights PAINT & MARKINGS  8”Belt Line Paint Stripe  “No Smoking” & “Fasten Seat Belt” Signs  Base Coat / Clear Coat Modular Paint  Ambulance / Star-of-Life Decals Page 2 of 2 11-6-13 2015 Ford F-450 Osage “2148 Warrior” Type I Standard Features ELECTRICAL  Ford OEM Dual Alternators, 320 Amps.  Digital Voltmeter  Audible Low-Voltage Alarm  Bosch, Vanner, Cole-Herse & Wired-Rite Components  Printed Circuit Board w/ Load Management & Sequencing System  LED Diagnostic System  Wiring Color-Coded and Heat Embossed Every 6” w/ Function  Power Distribution Panel Easily Accessible Via Hinged Access Door in Action Area  Front Switch Console Mounted on the Floor  Hinge Mounted Attendant Switch Console  Control Console Backlighting Dimmer  Battery Switch Activated via Ignition Switch  Open Door Warning Light  Three Light Silent Intercom  Hand Held 300,000 CP Spotlight  Whelen Dual Intensity LED Patient Compartment Dome Lights  Exterior Weatherproof Shoreline Receptacle  Two Interior 110V Duplex Receptacles  Two Interior 12V Cigar Style Receptacles  One Pre-Wire Antenna Cable  Electrical Back-up Alarm w/ Auto Re-set INTERIOR  68” Interior Headroom  49” Aisle Width  All Vertical Corners 1” Radii  Stainless Steel Aisle Panel, Left Side, Full Length x 18” x .060”  Lon-Plate non skid Vinyl Flooring Rolled 3” Up Both Sides of Aisle  EMT Seat, Rear Facing Pedestal Mounted Deluxe Seamless Vinyl Captains Chair  CPR Seat, three piece molded, contoured cushions  Squad Bench  Retractable Seat Belts for All Locations  Handicap Style, 1 ½” Diameter, Full Length, Stainless Steel Overhead Grab Rail. This Rail shall be treated with Agion Anti-Bacterial Coating.  Handicap Style, 1 ½” Diameter, Stainless Steel Door Pulls on Patient Compartment Doors. These Bars shall be treated with Agion Anti-Bacterial Coating.  Double entry step on curbside entry door.  Sliding “Pass-thru” Window Between Cab and Patient Compartment  Padded Bulk-Head Cabinet Doors  ALS Compartment w/ In/Out Access  2 Adjustable & 1 Fixed Shelf in ALS  R-29 Reflectics Insulation Throughout Module  Thermostatically Controlled Patient Compartment Heat & Cool System  3-Speed Manual Fan Control  Rear Heat & Cool Unit Mounted Floor Level; * Moisture Drains Directly Through Floor * Short Coolant Circulation Distance * Eliminates Vertical Circulation of Coolant * Unit Easily Accessible for Maintenance  Overhead Air Distribution w/ Floor Level Filtered Air Return for Optimum Circulation  Two Recessed, Swing-up Dual IV Hangers  “Zico” Retaining Bracket for Oxygen “M” Cyl  Three “Ohio” Oxygen Outlets  Impact #324 Self-Contained Suction System  Locking Sharps Container (Shipped Loose)  Locking Drug Compartment  Clock w/ Sweep Second Hand  Ferno Washington Model 175-4 Cot Fastener  Seamless Seat Cushions WARRANTY  Three Year / 36,000 Mile Product Conversion  Five Year / 100,000 Mile (Non Pro-rated) Modular Paint  Six Year / 72,000 Mile Electrical System  Lifetime Modular Body Structure NOTE: See Warranty Certificate for Details OSAGE AMBULANCE  P.O. BOX 718  LINN, MO. 65051 800-822-3634  FAX: 573-897-3113 www.osageambulances.com Page 1 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 2015 OSAGE "2148 WARRIOR" TYPE I F-450 w/ 2WD AMBULANCE SPECIFICATION INDEX -1- 3.7 110 VOLT AC SYSTEM 3.6 12 VOLT DC OUTLETS -A- 1.13 ALTERNATORS 10.3 AMD MEMBERSHIP 8.3 ANTENNA PRE-WIRE 1.3 AUXILIARY POWERTRAIN CONTROL (APC) 1.9 AXLE, REAR -B- 1.12 BATTERIES 6.0 BODY FINISH 1.7 BRAKES 4.2.2 BULKHEAD CABINETS 5.3 BUMPER, REAR STEP -C- 4.2 CABINETS, INTERIOR 4.2.1 CABINETS, LEFT WALL 1.0 CHASSIS 4.12 CLIMATE CONTROL 3.13 CLOCK, PATIENT COMPARTMENT 1.18 COOLING SYSTEM, ENGINE 4.10 COT MOUNT -D- 8.1 DECALS, NO SMOKING & OXYGEN EQUIPPED 6.2 DECALS, STAR-OF-LIFE 2.1 DIMENSIONS, EXTERIOR 2.2 DIMENSIONS, INTERIOR 5.4 DOOR STEP, SIDE 2.8 DOORS 3.9.1 DOOR SWITCHING Page 2 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification -E- 3.1 ELECTRICAL SERVICE PANEL 3.2 ELECTRICAL SERVICE PANEL ACCESS 3.0 ELECTRICAL SYSTEM 3.5 ELECTRICAL WIRING 1.2 ENGINE 5.O EXTERIOR BODY 5.6 EXTERIOR COMPARTMENT CONFIGURATION 2.7 EXTERIOR COMPARTMENT CONSTRUCTION -F- 4.1 FLOOR, PATIENT COMPARTMENT 2.6 FLOOR SUB-STRUCTURE 10.5 FORD POOL PROGRAM 10.2 FORD QVM PROGRAM 1.10 FUEL TANK -G- 1.4 GAUGES AND METERS 2.3 GENERAL CONSTRUCTION 4.8 GRAB HANDLES, DOORS 4.7 GRAB RAIL, OVERHEAD -H- 4.5 HEADLINER 1.17 HEATER AND AIR CONDITIONER -I- 4.11 INSULATION 8.2 I.V. HOLDERS -K- 10.1 KKK-A-1822-F CERTIFICATION -L- 2.9 LICENSE PLATE HOLDER 5.7 LIGHTING, DOT 3.8 LIGHTING, EMERGENCY 3.12 LIGHTS, PATIENT COMPARTMENT 3.3 LOAD MANAGEMENT SYSTEM 3.16.1 LOW VOLTAGE ALARM Page 3 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification -M- 1.19 MIRRORS, OUTSIDE 1.22 MISCELLANEOUS CHASSIS ITEMS 8.0 MISCELLANEOUS EOUIPMENT 2.0 MODULE CONVERSION -O- 5.6 OXYGEN COMPARTMENT 4.14 OXYGEN OUTLETS -P- 6.1 PAINTING PROCEEDURE 4.6 PANELING, INTERIOR 4.0 PATIENT COMPARTMENT 7.0 PAYLOAD 7.1 PAYLOAD -R- 5.1 REAR WHEEL WELL TRIM 10.0 REQUIREMENTS OF THE MANUFACTURER 10.4 REMOUNTING AND REFURBISHING 2.4 ROOF 5.2 RUB RAILS 1.21 RUNNING BOARDS AND MUD FLAPS 1.23 REMOTE ENTRY -S- 3.9 SCENE LIGHTS 4.3.1 SEAT, CPR 4.3 SEAT, EMT/ATTENDANT 1.16 SEATS, DRIVER’S COMPARTMENT 3.4 SEQUENTIAL SWITCHING 4.13 SHARPS CONTAINER 2.5 SIDE WALLS 3.10 SIREN AND SPEAKERS 3.11 SPOTLIGHT 1.5 SPRINGS, AXLES, RATINGS & SHOCKS 4.2.3 SQUAD BENCH 4.9 STAINLESS STEEL WALL 1.6 STEERING 5.5 STONE SHIELDS 3.14 SUCTION - ON BOARD 3.16 SWITCH CONSOLE, DRIVER’S 3.17 SWITCH CONSOLE, PATIENT COMPARTMENT Page 4 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification -T- 1.8 TRANSMISSION 1.20 TRIM PACKAGE, CAB -U- 4.4 UPHOLSTERY -V- 1.1 VEHICLE AND WHEEL BASE 3.15 VENTILATION -W- 9.O WARRANTY 1.11 WHEELS AND TIRES 1.14 WINDOWS, CAB 1.15 WINDSHIELD WIPERS 8.4 WIRING SCHEMATICS 9.1 WARRANTY Page 5 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 2015 OSAGE “2148 WARRIOR” TYPE I F-450 w/ 2WD AMBULANCE SPECIFICATIONS 1.0 CHASSIS 1.1 VEHICLE AND WHEEL BASE 2015 Ford F-450 Super Duty XLT chassis with 2 wheel drive and dual rear wheels, 165-inch wheel base, 84-inch cab to axle, Ford Ambulance prep package 47A. COMPLY? ……………………………………… YES _____ NO _____ 1.2 ENGINE Ford 6.7-liter Power Stroke Turbo Charged V-8 Diesel with OEM engine block heater wired to shoreline. COMPLY? ……………………………………… YES _____ NO _____ 1.3 AUXILIARY POWERTRAIN CONTROL (APC) The Ford OEM APC module shall be standard. The APC Module is to be programmed in the “Charge Protection” mode. When the vehicle is in park, service brake disengaged and the parking brake is set, the APC module shall electronically adjust the engine idle (up or down) to maintain proper electrical system voltage. COMPLY? ……………………………………… YES _____ NO _____ 1.4 GAUGES AND METERS Speedometer, odometer, fuel gauge, temperature, oil pressure, digital voltmeter, engine hour meter COMPLY? ……………………………………… YES _____ NO _____ 1.5 SPRINGS, AXLE RATINGS & SHOCKS Maximum GVWR – 16,500 lbs. GVWR Front: Monobeam with coil springs, shock absorbers and stabilizer bar. Rear: OEM Leaf Springs COMPLY? ……………………………………… YES _____ NO _____ 1.6 STEERING Power steering with tilt wheel and cruise control. COMPLY? ……………………………………… YES _____ NO _____ 1.7 BRAKES Heavy duty, hydro-boost assisted type, 4-wheel anti-lock disc brake system. COMPLY? ……………………………………… YES _____ NO _____ 1.8 TRANSMISSION Torqueshift ™ heavy duty 6-speed SelectShift transmission with external oil cooler. COMPLY? ……………………………………… YES _____ NO _____ Page 6 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 1.9 REAR AXLE 4.10 gear ratio w/ limited slip axle. COMPLY? ……………………………………… YES _____ NO _____ 1.10 FUELTANK Single tank w/ 40-gallon capacity. COMPLY? ……………………………………… YES _____ NO _____ 1.11 WHEELS AND TIRES Seven (7) 225/70RX19.5G Steel Belted Radial tires, BSW all season tread. The spare tire will be mounted in the left rear exterior compartment. Stainless steel wheel inserts with valve stem extensions will be provided. The valve stem extensions are to be steel braided lines that are held in place with stainless steel brackets. These brackets are to be located in such a way as to provide easy access to both the inside and outside rear tires valve stems for the checking of tire pressure and for the addition of air when required. COMPLY? ……………………………………… YES _____ NO _____ 1.12 BATTERIES Two 750 CCA mounted in the engine compartment and wired parallel in OEM configuration that complies with Ford QVM and KKK-A-1822-F requirements. Batteries will be wired so that both will always be used for starting and controlled by a 300 amp power cut off switch. The power cut off switch circuit shall be protected by a 250 amp fuse. The Ford ignition key activates the cut off switch. Power can be provided to the module without the engine running by turning the ignition key to accessory position. COMPLY? ……………………………………… YES _____ NO _____ 1.13 ALTERNATORS Dual Ford OEM alternators with internal regulators. One 200 amp alternator and one 150 amp alternator for a combined for a total of 350 amps COMPLY? ……………………………………… YES _____ NO _____ 1.14 WINDOWS, CAB Tinted safety glass is installed in all exterior windows. Ford OEM power operated windows. COMPLY? ……………………………………… YES _____ NO _____ 1.15 WINDSHIELD WIPERS Two speed electric, with washer and adjustable intermittent cycle. COMPLY? ……………………………………… YES _____ NO _____ 1.16 SEATS, DRIVER'S COMPARTMENT Deluxe clothe OEM High Back Captains Chairs, seat belts and shoulder harnesses. The Ford OEM cab seats must be the seats installed and shipped with the chassis by Ford and have the correct Ford prescribed serial number. The Ford OEM seat pedestals shall be Page 7 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification located in the mounting location as determined by Ford. Any changing of the Ford OEM Seats, mounting pedestals or location thereof is absolutely prohibited. COMPLY? ……………………………………… YES _____ NO _____ 1.17 HEATER AND AIR CONDITIONER OEM heavy duty, high output. COMPLY? ……………………………………… YES _____ NO _____ 1.18 COOLING SYSTEM, ENGINE Heavy-duty liquid system using a 50/50 mix of permanent type antifreeze and water for protection to -40 Fahrenheit. COMPLY? ……………………………………… YES _____ NO _____ 1.19 MIRRORS, OUTSIDE OEM heated mirrors with power adjustment and built-in 2” x 6” convex mirrors, dual direction breakaway mounting arms with telescoping width adjustment. COMPLY? ……………………………………… YES _____ NO _____ 1.20 TRIM PACKAGE, CAB XLT Trim Package; full stainless steel wheel simulators, chrome front bumper and grill. Color keyed door trim with map pockets, rubber floor mat, padded sunvisors, courtesy and dual dome lights, AM/FM Stereo Radio w/ CD & Clock w/ dual cab speakers. Power door locks, cruise control, tilt steering wheel, and power adjustable brake and accelerator pedals. COMPLY? ……………………………………… YES _____ NO _____ 1.21 RUNNING BOARDS AND MUD FLAPS Heavy-duty aluminum Diamond Plate running boards will be installed from the back of the front wheel opening to the front of the module box. They will include mudguards to protect the chassis and module. Rubber mud flaps will be installed behind the dual rear wheels. COMPLY? ……………………………………… YES _____ NO _____ 1.22 MISC. CHASSIS ITEMS Jewel effect day time running headlights, dual pitch horn, reduced sound level exhaust, OEM standard undercoating, step-well pad and factory supplied jack and tire tools, dual air bags. COMPLY? ……………………………………… YES _____ NO _____ 1.23 REMOTE ENTRY Remote Entry & anti-theft with two key FOB shall be included COMPLY? ……………………………………… YES _____ NO _____ Page 8 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 2.0 MODULE CONVERSION 2.1 DIMENSIONS, EXTERIOR Overall vehicle length 279.0 inches Overall vehicle height 100.0 inches Overall module body length 148.0 inches Overall module body height 83.0 inches Overall module body width 96.0 inches COMPLY? ……………………………………… YES _____ NO _____ 2.2 DIMENSIONS, INTERIOR Length forward door to rear door 137.0 inches Width interior wall to wall 90.0 inches Width of aisle 49.0 inches Height floor to ceiling 68.0 inches Loading height 34.5 inches (Air Ride required for load height in KKK and NFPA limits) COMPLY? ……………………………………… YES _____ NO _____ 2.3 GENERAL CONSTRUCTION The entire body will be a welded and SEAMLESS one-piece body. The entire perimeter and around all openings of the body shall be fully welded and ground smooth thus eliminating any joints or seams. The use of tongue and groove method of construction that requires the use of a seam sealer is not acceptable. This is to prevent the cracking of paint at these areas resulting in a buildup of road dirt and grime and the eventual development of corrosion along the tongue and groove seams. COMPLY? ……………………………………… YES _____ NO _____ The aluminum skin, the roof and side panels, shall be permanently fastened to the framework using Lord 406/19 Acrylic Adhesive. Adhesive is applied to the sidewall skin to prevent warp age, oil canning and metal deflection associated with the welding of the sidewall skin to the structural framework. The use of double back adhesive tape is prohibited to eliminate the possibility of the adhesive tape failing to maintain a bond to the external skin. COMPLY? ……………………………………… YES _____ NO _____ The body wall skin shall be of prime commercial quality .125" thick 3003 H14 corrosion resistant aluminum. All side and roof panels shall be .125” thick. The use of side and roof panels that are of a lesser thickness is strictly prohibited. COMPLY? ……………………………………… YES _____ NO _____ All side panels and the roof panel shall be a single sheet of aluminum. Covering the sidewall, front, rear or roof of the exterior body with sectional pieces of aluminum panels is prohibited. This is to eliminate the necessity for joints or seams where these panels join. COMPLY? ……………………………………… YES _____ NO _____ Page 9 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 2.0 MODULE CONVERSION (continued) The wall and roof support framework shall be .125" 6061-T6 extruded aluminum box beams and extrusions spaced on 12" centers or less. There shall be no frame members spaced at a distance in excess of 12”. The roof support framework shall additionally include .125” 6061-T6 extruded 1” x 2” aluminum box beams running the full length of the roof. The frame and skin shall be fully welded with no rivets. COMPLY? ……………………………………… YES _____ NO _____ The exterior of the body will be finished smooth with 45-degree SEAMLESS beveled extruded corners presenting a modern and dynamic appearance. The outer wall thickness of the extruded corners shall be .250” to provide additional protection at all corners. The body will be designed and built to provide impact and penetration resistance, with appropriate channel reinforcing to assure rigidity. COMPLY? ……………………………………… YES _____ NO _____ All parts of the body and attachments will be fastened together with rust resistant fasteners in a manner that will preclude loosening of any bolts and screws, and the cracking of welded joints. The exterior body panels will be made of not less than 0.125" thick metal and be reinforced at all points where equipment will be attached. COMPLY? ……………………………………… YES _____ NO _____ The body will be a bolted and welded structure. Welding will not however, be employed in the assembly of the body in a manner that will prevent the ready removal of any component part for service or repair. COMPLY? ……………………………………… YES _____ NO _____ In the assembly of the body, areas where steel is in contact with aluminum, there shall be butyl rubber isolator pads installed. This pad provides corrosion and water resistance. COMPLY? ……………………………………… YES _____ NO _____ All fasteners, bolts, screws, etc used in the assembly of the body and all attachments shall be coated with the “ECK” brand corrosive protectant. Additionally, all exterior door hinges, both entry and compartment, are to be coated with “ECK” protectant prior to the installation of the door. This “ECK” coating is to be used in lieu of a gasket material behind the hinge to prevent the problems of gasket retention and deterioration. COMPLY? ……………………………………… YES _____ NO _____ 2.4 ROOF The roof surface shall be SEAMLESS and CROWNED and of ONE PIECE of .125" aluminum (3003-H14). The use of any type of sealer or caulking material is strictly forbidden. There shall be no lip or protrusion on the roof that could result in the entrapment of any water or moisture. COMPLY? ……………………………………… YES _____ NO _____ Page 10 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification The perimeter of the roof shall be constructed of 45-degree SEAMLESS beveled extrusions that eliminate any lip or protrusion providing a smooth finish. The outer wall thickness of the roof perimeter extrusions shall be .250” to provide additional protection at all perimeter corners. COMPLY? ……………………………………… YES _____ NO _____ The roof under structure will be fabricated from extruded aluminum box beams (6061-T6). The under structure will be constructed by welding 1” x 2” x .125” box beams lengthwise and by welding 2" x 2" x .125" box beams, spaced on 12" centers or less, crossways forming a cross sectional grid roof support framework. The complete roof will be treated with a sound- deadening barrier. The roof panel shall be fully perimeter welded and adhesive bonded to the roof under structure with Lord 46/19 Acrylic Adhesive. The use of skip or intermittent welding of the roof perimeter is unacceptable. COMPLY? ……………………………………… YES _____ NO _____ 2.5 SIDE WALLS The body sidewall skin shall be constructed of .125" aluminum (3003 H14). The sidewall under structure will be fabricated by welding 2" x 2" x .125" extruded aluminum box beams vertically, spaced no further than on 12" centers. The vertical tubing will join and be welded to roof supports (2" x 2" x .125" extruded aluminum box beams) to form an interlocking grid between the sidewall and the ceiling. The complete sides will be treated with a sound-deadening barrier. The body sidewall skin shall be fully welded around the entire perimeter and all body openings and adhesive bonded to the sidewall frame work with Lord 406/19 Acrylic Adhesive. COMPLY? ……………………………………… YES _____ NO _____ All body openings shall be seamless. Body openings framed with tongue and groove style extrusions requiring the use of seam sealer will not be acceptable. COMPLY? ……………………………………… YES _____ NO _____ 2.6 FLOOR SUB-STRUCTURE The floor shall be at the lowest level permitted but not more than 34 ½ inches from the ground with NO MODIFICATION TO THE FORD OEM CHASSIS SUSPENSION. COMPLY? ……………………………………… YES _____ NO _____ The floor sub-structure shall consist of two (2) 1/4” walls 2” x 2” aluminum tubes running at the outer edge for the full length of the floor and the chassis frame rails. There shall then be fourteen (14) 1 ½” x 1 ½” x ¼” walls 1 ½” x 2" aluminum tubes running the width of the floor and fully welded to the outer tubes. This sub-structure frame is to mount on top of the Chassis frame rails via the 10 OEM Pucks. 2 Full-Length Plates measuring ¾” x 6” shall be welded to the under side of the 1 ½ x 1 ½ tubes, one left and one right. The outer edges of these plates shall be welded to the 2 x 2 primary box beams. These plates shall be bolted, via OEM rubber mounts, to gusseted steel brackets bolted to the OEM frame. There shall be ten (10) rubber mounts attaching the body to the frame. COMPLY? ……………………………………… YES _____ NO _____ 2.7 EXTERIOR COMPARTMENT CONSTRUCTION Compartments provided on the unit will be constructed as follows: The compartment floor will Page 11 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification be fabricated of .125 diamond plate aluminum (3003-H14) and the ceiling and bulkheads of .100 diamond plate aluminum (3003-H14). All compartment floors will be reinforced with two 1x2 aluminum bars on the underside of the floor. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartments will be sweep out style to provide for ease of cleaning. Drain holes are not desirable. All exterior compartments will be vented to provide for the displacement of air when closing doors. Vent louvers shall be installed on the vertical walls of the exterior compartments. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartments shall be lighted when the compartment door is opened. Compartment lights will be flush mounted with wiring routed through the body eliminating any exposed wiring. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartment shelving shall be “Pan” style aluminum shelves mounted on two (2) sets of uni-strut tracks at each end of the shelf providing infinite adjustment. Rubber matting is to be installed on the topside of all shelving. COMPLY? ……………………………………… YES _____ NO _____ 2.8 DOORS The corner of each door frame shall be ¼” Cast Aluminum inserted & welded to horizontal & vertical extrusions. This Cast part shall ensure superior strength as well as uniform fit & finish. COMPLY? …………………………………….. YES _____ NO_____ The door(s) of each compartment will be flush type (being on the level with adjacent body surface) and of PAN FORMED / EXTRUSION DOUBLE BREAK construction. The weather seal is to be mounted on the outer flange of the door with the latches and strikers mounted on the extruded second break inside the door opening. This door design eliminates exposure of the latches to the elements and prevents moisture from corroding the latch mechanisms. COMPLY? ……………………………………… YES _____ NO _____ All doors shall be constructed of. 125 aluminum and 2 ½” thick. COMPLY? ……………………………………… YES _____ NO _____ The inner panel on all exterior compartment and entry doors will be fastened to the extruded door-frame and recessed into the door frame extrusion for a flush finish. Surface mounting of any interior door panels is not allowed. All fasteners used for the mounting of the interior panels are to have a rubber grommet affixed to the underside of the screw head to prevent the fastener screws from loosening and backing out of the extrusion. The interior door panels shall be readily removable for access to the interior of the door and the latching mechanism. COMPLY? ……………………………………… YES _____ NO _____ All doors shall be reinforced and cross-braced inside for increased strength allowing for the mounting of equipment on the door. Page 12 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification COMPLY? ……………………………………… YES _____ NO _____ In order to facilitate adjustment and routine maintenance of door linkage rods and latches, all patient compartment entry doors shall have access ports. There is to be an access port above and one below each interior entry door handle of sufficient size to allow for the adjustment of the door linkage rods. Access ports shall also be provided for the lubrication of the slam latches located at the top and bottom of each entry door. All ports are to be covered with a friction type “plug-in” plastic cover that is readily removable. COMPLY? ……………………………………… YES _____ NO _____ The door latch assembly of each compartment will be an Eberhard Grabber 21100 series, two (2)-point slam lock (206 rotary latch), of stainless steel construction. Door latch assemblies shall be “blind mounted” eliminating any exposed mounting hardware on the exterior side of the latches. There is to be a rubber gasket between the exterior stainless steel latch assembly and the aluminum door to ensure the isolation of the two dissimilar metals. The door linkage rods’ connecting the door handles and the rotary latches are to be 5/32 steel rods threaded on turn buckle end. They shall be straight direct pull rods with no bends built into the rods allowed. Adjustments to the entry door linkage rods are to be provided by a turnbuckle located above and below and adjacent to each interior door handle. COMPLY? ……………………………………… YES _____ NO _____ All exterior doors are to be lockable via an “automotive style” lock with all compartment and patient compartment entry doors being keyed alike. The key shall be double sided for ease of insertion into the lock. COMPLY? ……………………………………… YES _____ NO _____ Door strikers shall be installed on the vertical compartment flanges, with the exception of double doors. There are to be two (2) pins per door, with the exception of the battery compartment door. All striker pins shall be fully adjustable from the exposed side. They will be grade 8.0 cadmium plated steel strikers with a “captive nut” for adjustment and so located as not to interfere with the sweep-out design of the compartment itself. COMPLY? ……………………………………… YES _____ NO _____ All compartment and entry doors shall have one-piece Stainless Steel doorsill protectors that will cover both surfaces of the body opening. COMPLY? ……………………………………… YES _____ NO _____ Each compartment and entry door is to have a full width aluminum drip rail mounted above each door. All drip rails are to be attached using double back adhesive tape. The use of screws, rivets, or any other form of metal attachment is not acceptable. COMPLY? ……………………………………… YES _____ NO _____ All compartment doors will be equipped with a gas strut door stay that holds the door at 90 degrees to the body when open. All gas struts are to be mounted in such a way as to allow for easy access in the event that replacement or repair is required. COMPLY? ……………………………………… YES _____ NO _____ Page 13 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification There shall be a “dampening” devise installed within each gas strut for the purpose of preventing the “shock” that can occur when a gas strut is fully extended. COMPLY? ……………………………………… YES _____ NO _____ Each compartment door will be mounted with a continuous stainless steel hinge with a minimum pin diameter of (.250). Hinge Pin diameter of less than (.250) is unacceptable to ensure the long-term performance of the hinge in this extreme use application. Each compartment opening is to be sealed with full perimeter 5/8” wide by 1/2” thick hollow core wiper seal. The seal is to be mounted on the doorframe out board of the striker pins and the door latches. This seal insures that each compartment will be dust and waterproof and that the striker pins and door latches will remain dry and clean. COMPLY? ……………………………………… YES _____ NO _____ All exterior compartment and patient compartment entry doors shall be insulated with a single layer of R-14.5 reflectics insulation. Additionally there shall be a single layer of 2” polystyrene insulation installed in each door. COMPLY? ……………………………………… YES _____ NO _____ Rear patient compartment doors shall be equipped with Cast Products "Grabber" hold-open devices. Side patient compartment door shall be equipped with Gas Strut door opening device. COMPLY? ……………………………………… YES _____ NO _____ Rear and side patient compartment doors shall have dark tinted safety glass windows encased in extruded aluminum frames. Each rear door shall have an 18.5" x 17.5" fixed window. The side door shall have an 18.5" x 17.5" slide opening window with screen and window lock. COMPLY? ……………………………………… YES _____ NO _____ Right side entry door opening: 68"H X 30" W Rear entry door opening (double door): 57"H X 48” W COMPLY? ……………………………………… YES _____ NO _____ 2.9 LICENSE PLATE HOLDER Installed in the center of the rear kick plate above the rear step bumper there shall be a Cast Products license plate holder. COMPLY? ……………………………………… YES _____ NO _____ 3.0 ELECTRICAL SYSTEM 3.1 ELECTRICAL SERVICE PANEL All circuits shall be rated to carry at least 125% of its maximum load. Each circuit shall be Page 14 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification protected by a manual reset circuit breaker. Circuit breakers and relays shall be mounted in plug-in, pull out sockets that are permanently mounted in a printed circuit board for durability, as well as weight and space savings. Relays should be a type that is readily accessible at any auto parts store. All circuit breakers shall be interchangeable with standard ATC automotive fuses so that system can be quickly returned to service. COMPLY? ……………………………………… YES _____ NO _____ 3.2 ELECTRICAL SERVICE PANEL ACCESS The electrical service panel shall be mounted behind the hinged action wall and shall be easily accessible by activating a single latch allowing the switch panel section to swing down. COMPLY? ……………………………………… YES _____ NO _____ 3.3 LOAD MANAGEMENT SYSTEM The distribution panel shall include a solid-state programmable load management system designed to sense when the charging system is not keeping up with the electrical demand. When this situation exists, the load manager will automatically shut down warning lights, one at a time in a programmed sequence until the electrical load is being sustained without discharge. This system only functions when the unit is in park. COMPLY? ……………………………………… YES _____ NO _____ 3.4 SEQUENTIAL SWITCHING A solid state Sequential Switching System shall be installed that will turn emergency lighting on/off in a staggered 1/2-second interval. This is designed to avoid dumping a sudden load on the alternator. COMPLY? ……………………………………… YES _____ NO _____ 3.5 ELECTRICAL WIRING All the vehicle's electrical equipment shall be served by circuits separate and distinct from the chassis electrical system. All electrical wiring shall be run in grease, oil, heat and moisture resistant looming. Harnesses shall be fastened with vinyl-clad clamps and grouted at any area they contact a metal edge. Every load carrying wire shall be a minimum of 12 gauge, and shall be color-coded and heat embossed with its function every 4 to 6 inches. There shall be at least a six-inch service loop of wire at the point of attachment to each component. All electrical connections shall be machine crimped; the use of Scotch-locks is strictly prohibited. COMPLY? ……………………………………… YES _____ NO _____ 3.6 12V DC OUTLETS There shall be two (2) Cigar style 12V DC outlets, one located in the action area, and one in the right front bulkhead ALS compartment. COMPLY? ……………………………………… YES _____ NO _____ Page 15 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 3.7 11OV AC SYSTEM There shall be a weatherproof 11OV- 125V male receptacle rated at 20 amps with a spring-loaded cover assembly located on the front left corner of the module body for incoming 110- volt power. This receptacle shall be labeled. It shall be wired through one 15-amp circuit breaker. The circuit shall include two (2) 110-volt interior receptacles, one located in the action wall area and one in the ALS area. Both outlets shall illuminate per KKK-A-1822-F. COMPLY? ……………………………………… YES _____ NO _____ 3.8 LIGHTING, EMERGENCY The unit shall be equipped with a Vanner #3860 flasher and the following warning lights: 8) Whelen Series 9 x 7 red LED lights as follows: 2) Facing forward 2) Facing rearward 2) Facing right 2) Facing left 1) Whelen Series 9 x 7 clear LED light installed top center forward. 1) Whelen Series 9 x 7 amber LED light installed top center rearward. 2) Whelen red LED lights mounted in the Front Fenders. 2) Whelen Series 500 red LED’s in Chrome Housing in the Grill. Circuit shall have a dual mode switch. "Primary" shall flash all lights. "Secondary" shall flash top red & amber lights only. COMPLY? ……………………………………… YES _____ NO _____ 3.9 SCENE LIGHTS There shall be four (4) Whelen Series 9 x 7 with 13-degree tilt built into the lenses mounted two (2) lights on the left side and two (2) lights on the right side. There shall be two (2) Whelen Series 9 x 7 with 13-degree tilt built into the lenses mounted on the rear. A separate switch on the driver’s switch panel shall control each pair. In addition, the right side and rear scene lights shall activate when the right side or rear doors, respectfully, are open. COMPLY? ……………………………………… YES _____ NO _____ 3.9.1 DOOR SWITCHING Magnetic Door switches shall be installed to activate Door Open, Compartment Open, Dome and Scene lights via a PC Board. 3.10 SIREN AND SPEAKERS Siren shall be a Carson Mfg SA 400 with Wail, Yelp, Hi/Lo and Phaser sounds. Dual Cast Products Siren Speakers shall be mounted outboard in the face of the Chrome Front Bumper, below the Headlights, in cast aluminum housings. COMPLY? ……………………………………… YES _____ NO _____ 3.11 SPOTLIGHT There shall be a "300,000 candle power" spotlight, with eight foot coiled cord and momentary switch, permanently wired into front console. A “Mic” style storage clip shall be provided. COMPLY? ……………………………………… YES _____ NO _____ Page 16 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 3.12 LIGHTS, PATIENT COMPARTMENT The ceiling headliner shall contain eight (8) Whelen High - Low intensity LED dome lights. The left and right banks of lights shall be switched separately. In addition, the left bank high mode can be switched from the drivers switch panel and will be activated by opening of the side or rear entry doors. There shall be a timer switch installed in the right wall at the head of the squad bench. The timer switch will allow the middle bank of Dome Lights to turn on even when the master switch is in the off position. In addition, a 10” LED light shall be in the action area. COMPLY? ……………………………………… YES _____ NO _____ 3.13 CLOCK, PATIENT COMPARTMENT A battery-powered clock with a sweep second hand shall be located above the rear patient entry doors and shall be visible from all seat locations. COMPLY? ……………………………………… YES _____ NO _____ 3.14 SUCTION - ON BOARD An Impact Model 324 self-contained suction system shall provided and mounted on the back wall above the action area counter top just forward of the CPR Seat. COMPLY? ……………………………………… YES _____ NO _____ 3.15 VENTILATION A 138-CFM exhaust fan shall be mounted near the ceiling in the left rear of the patient compartment and shall be activated by a switch on the action wall. COMPLY? ……………………………………… YES _____ NO _____ 3.16 SWITCH CONSOLE, DRIVER'S There shall be a switch console mounted in the center of the cab floor between the seats in such a way as to not interfere with access to the dash yet easily accessible to the driver. The console shall be easily removable to allow access for service. There shall be space provided for the installation of radios below the switches and gauges. The switch panel shall be esthetically appealing and incorporate modern switches and gauges as follows: Master Switch Load Manager/Sequencer Primary/Secondary Siren/Horn Left Scene Rear Scene Right Scene Rear Dome Lights Back up Alarm Disable Silent Intercom Lights Door Ajar Light Compartment Open Light Digital Voltmeter COMPLY? ……………………………………… YES _____ NO _____ Page 17 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification 3.16.1 LOW VOLTAGE ALARM A Low Voltage Alarm shall sound when voltage drops below 11.8 volts for more than 120 seconds. COMPLY? ……………………………………… YES _____ NO _____ 3.17 SWITCH CONSOLE, PATIENT COMPARTMENT The following switches shall be in the rear control panel, which shall be hinged for easy access to components. They shall be mounted in a single row at an angle facing the center of the cot and the squad bench. Left Dome High/Low Right Dome High/Low Silent Intercom Switches Driver Buzzer Exhaust Fan Checkout Lights Thermostat Control for Heat/A.C. Heat/A.C. Fan Control, 3 speed. COMPLY? ……………………………………… YES _____ NO _____ All switches in front and rear panels shall be positive contact rocker type switches that are permanently marked by function, illuminate when activated and backlit for night visibility. Each switch must be independently replaceable to eliminate the need for replacement of the entire switch panel in the event of a single switch failure. COMPLY? ……………………………………… YES _____ NO _____ 4.0 PATIENT COMPARTMENT 4.1 FLOOR, PATIENT COMPARTMENT The sub floor shall consist of .090" thick 3003 H14 corrosion resistant aluminum sealed watertight. Over the aluminum sub-floor there shall be a sheet of ¾” exterior grade plywood that is caulked and sealed. COMPLY? ……………………………………… YES _____ NO _____ The floor is then to be covered with a single piece of commercial-grade, LON-PLATE non skid flooring which shall roll up the left wall and the squad bench approximately 3". Behind the linoleum at the base of the left wall and the squad bench, coving shall be installed providing a solid backing at the point of the bend in the floor. This coving shall run the full length of the left wall and the squad bench. Flooring shall be sealed at all edges to prevent water from seeping between the floor and cabinets. COMPLY? ……………………………………… YES _____ NO _____ A formed 6 inch, full width stainless steel floor protection strip shall be installed forward of the rear patient compartment door seal. Additionally antiskid tape, 2 inch wide, is to be laid the full Page 18 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification width just inside the rear entry doors over the floor protection strip. COMPLY? ……………………………………… YES _____ NO _____ 4.2. CABINET'S, INTERIOR All interior cabinets shall be built using ¾” cabinet grade, multi layer plywood. The use of plywood of any lesser quality or thickness is strictly prohibited. COMPLY? ……………………………………… YES _____ NO _____ All interior cabinets shall be constructed using wood screws. The use of staples or nails in the fastening of cabinet components is strictly prohibited. COMPLY? ……………………………………… YES _____ NO _____ Exposed cabinet surfaces, interior and exterior, are to be covered with “Wilsonart” laminate. All cabinets and counter tops shall be caulked and sealed. Cabinets shall incorporate 1-inch aluminum radius corners throughout and have generous padding to lessen the chance of injuries in the event of an accident. Sliding Plexiglas windows shall be 1/4" thick with full height extruded aluminum handles mounted in full perimeter slide track. Door catches shall be flush- mount slam-type positive latching. COMPLY? ……………………………………… YES _____ NO _____ 4.2.1 CABINETS, LEFT WALL Cabinets shall be designed as per drawings with a one-piece molded Fiberglass countertop for the attendant in the action area. Storage cabinets shall be located in the left rear and above the action area. The cabinet over the action area will have the same angle front to back as the cabinet with the switch panel. COMPLY? ……………………………………… YES _____ NO _____ The action wall shall house the technician's console, two oxygen outlets, vacuum outlet, aspirator collection bottle, climate control thermostat and fan control, one 12-volt connection and one lighted 11OV duplex outlet. The upper action wall area shall be hinged for ease of access. COMPLY? ……………………………………… YES _____ NO _____ 4.2.2 BULK HEAD CABINETS Cabinets shall be designed per drawings. The driver side cabinet shall incorporate a floor mounted climate control unit. Unit shall drain directly through the floor. Air in-take shall be at floor level, while output shall be ducted overhead, across the bulkhead cabinets. The return air shall be filtered. Directly above the climate control unit shall be a storage area. A horizontal cabinet shall be located above the walk-thru at ceiling level. The right side shall have a locking drug box at ceiling level and inside/outside access cabinets below all the way to floor level with two adjustable shelves, and two solid full-length doors. The inside/outside cabinet shall be lighted at each shelf level with recessed lighting. The face of the overhead bulkhead cabinet doors shall be padded. The bulkhead shall incorporate a pass through Plexiglas sliding window from the rear patient compartment to the front cab. This window shall be sealed and weather proof via a flexible rubber boot connection between the cab and the modular body. Page 19 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification COMPLY? ……………………………………… YES _____ NO _____ 4.2.3 SQUAD BENCH The squad bench base shall be constructed of .075” gauge stainless steel for strength and ruggedness”. The lid shall be split into two sections. Each lid will have a gas strut hold open device and paddle style latches. The interior shall be lined with white Wilsonart laminate. COMPLY? ……………………………………… YES _____ NO _____ 4.3 SEAT, EMT / ATTENDANT An attendant seat shall be located at the head of the primary cot. It shall be a high back deluxe seamless vinyl captain’s chair mounted on a pedestal with a seat belt for attendant safety. COMPLY? ……………………………………… YES _____ NO _____ 4.3.1 SEAT, CPR A sidewall seat will be mounted in the center of the left wall with lift up seat for storage below. This seat will be comprised of three molded/contoured seamless vacuum formed vinyl cushions. A seat belt shall be provided for attendant safety. Cushions shall be vacuum-formed seamless. One-inch cushions shall be installed on three sides of head area. COMPLY? ……………………………………… YES _____ NO _____ 4.4 UPHOLSTERY All door panels, seat cushions, and protective pads shall be constructed of fire-retardant foam, covered with minimum 40-ounce vinyl. All seat and back cushions in the patient compartment shall be vacuum-formed seamless. COMPLY? ……………………………………… YES _____ NO _____ 4.5 HEADLINER The headliner shall be constructed of padded white vinyl in three sections, with the center section being removable to gain access to wiring. COMPLY? ……………………………………… YES _____ NO _____ 4.6 PANELING, INTERIOR Exposed surfaces shall be mar, dent and scratch resistant. Walls shall be covered with high pressure Wilsonart laminate material. COMPLY? ……………………………………… YES _____ NO _____ 4.7 GRAB RAIL, OVERHEAD A full-length stainless steel handicap style 1 1/2" diameter grab rail shall be installed on patient compartment ceiling. This rail shall be capable of supporting a minimum of 300 pounds. This Rail shall be treated with Agion Anti-Bacterial Coating. COMPLY? ……………………………………… YES _____ NO _____ 4.8 GRAB HANDLES, DOORS All entry doors will have a matching heavy duty stainless steel handicap style 1 1/2" "V" bar grab handle that will be securely mounted slightly below the window. These Bars shall be treated with Agion Anti-Bacterial Coating. Page 20 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification COMPLY? ……………………………………… YES _____ NO _____ 4.9 STAINLESS STEEL WALL The lower left aisle wall shall be .060 stainless steel from action shelf down to floor. The stainless steel shall be installed after the floor is in place and installed over the edge of the floor. This will eliminate the seam and possibility of fluid retention. COMPLY? ……………………………………… YES _____ NO _____ 4.10 COT MOUNT A Ferno-Washington Model 175-4 cot fastener shall be installed. COMPLY? ……………………………………… YES _____ NO _____ 4.11 INSULATION The entire patient compartment, walls and ceiling, shall be blanketed with two layers of reflectics insulation. In between the two layers of reflectics insulation shall be a 2” polystyrene insulation to provide exceptional insulation and sound deadening qualities. To make certain the insulation stays in place, all insulation in the vertical walls is to be glued in place COMPLY? ……………………………………… YES _____ NO _____ All exterior compartment and patient compartment entry doors shall be insulated with a single layer of R-14.5 reflectics insulation. Additionally there shall be a single layer of 2” polystyrene insulation installed in each door. COMPLY? ……………………………………… YES _____ NO _____ 4.12 CLIMATE CONTROL Rear climate control shall be floor mounted in driver side bulkhead cabinet to shorten refrigerant and anti-freeze hoses and eliminate vertical circulation. Condensation from high humid conditions shall drain directly through floor. Air intake shall be at floor level; output shall be at ceiling level with return air at floor level for increased airflow. Return air shall be filtered. COMPLY? ……………………………………… YES _____ NO _____ The unit shall be a Pro-Air with 32,000 BTU cooling capacity and a 35,000 BTU heating capacity. The blower motor shall have permanent magnets and be capable of delivering 630 CFM of airflow. It must be removable without removing entire heat/cool unit and without disconnection of any coolant lines. COMPLY? ……………………………………… YES _____ NO _____ A thermostat shall control both heating and cooling with 3-speed manual fan control. The thermostat shall be located on the action wall. COMPLY? ……………………………………… YES _____ NO _____ 4.13 SHARP'S CONTAINER A lockable Sharp’s container with mounting bracket shall be shipped loose. COMPLY? ……………………………………… YES _____ NO _____ 4.14 OXYGEN OUTLETS Page 21 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification Oxygen system shall be plumbed with conductive hose from oxygen compartment to two Allied, Ohio style oxygen outlets in the action area, and a third over the cot mounted in the ceiling. COMPLY? ……………………………………… YES _____ NO _____ 5.0 EXTERIOR BODY 5.1 REAR WHEEL WELL TRIM The rear wheel wells shall be trimmed with polished Stainless Steel Fenderettes that shall be attached to the body with stainless steel fasteners. There shall be a gasket placed between the aluminum body and the stainless steel fenderette for isolation of the dissimilar metals. COMPLY? ……………………………………… YES _____ NO _____ 5.2 RUB RAILS There shall be bolt on clear anodized extrusion rub rails with a wall thickness of (.187). They shall run the full length of the body and be mounted at the base of each side of each side of the body. The rub rails shall be spaced ¼ inch from the body with Delrin spacers. COMPLY? ……………………………………… YES _____ NO _____ 5.3 BUMPER, REAR STEP The rear step assembly shall be constructed of 1 ¾” X 1 3/4" tubular steel frame bolted to the chassis frame. The center section shall be non-skid grip strut, which will allow mud and snow to fall through the step. The ends shall be constructed of diamond plate end caps with 18" X 4" X 4" heavy-duty rubber dock bumpers. COMPLY? ……………………………………… YES _____ NO _____ 5.4 DOOR STEP, SIDE The side doorstep shall be formed of aluminum diamond tread and shall be flush sweep out style. Antiskid tape, 2 inch wide, is to be laid the full width of the step just inside the entry door. Additionally there shall be a formed 3-inch, full width stainless steel floor protection strip installed over the flooring at the top of the step. An LED step well light is to be installed on the forward vertical wall of the step well with the wiring to be pulled through the backside of the step well. The lower side of the Step Well shall be covered with Hush Mat to reduce road noise. COMPLY? ……………………………………… YES _____ NO _____ 5.5 STONE SHIELDS Diamond plate stone shields shall be installed on the front edge of the module body directly behind the cab at skirt level. These shields shall extend up the front of the box approximately 16 inches. COMPLY? ……………………………………… YES _____ NO _____ 5.6 EXTERIOR COMPARTMENT CONFIGURATION NOTE: See Drawings for Exact Compartment Location and Dimensions Page 22 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification #1 OXYGEN / BACKBOARD COMPARTMENT The left front (street side) exterior compartment shall contain a “Zico” nylon triple collar bracket to house one “M” size oxygen cylinder. The O2 tank is to be stored in the aft side of the compartment. There shall be an interior access door to allow the attendant to turn the oxygen tank valve on/off from the patient compartment. A separate O2 compartment light shall be provided for the purpose of viewing the tank O2 gauge and be switched on/off from the action panel. A wrench is to be provided for changing the tank regulator. This wrench is to be secured in the compartment with a cable and mounted to the compartment wall when not being used. This compartment shall have an aluminum divider located between the O2 tank and the backboard storage side of the compartment. A shelf is to be installed from the divider to the compartment aft wall above the O2 bottle. The forward side of the compartment is to provide storage for two (2) backboards and shall have rubber “nerf” strips, two (2) on the floor and two (2) on the back wall of the compartment, for the protection of the backboards. There shall be a seat belt style-retaining strap installed for the purpose of securing the backboards. On the forward wall of the compartment there shall be a removable panel approximately 8” square in size located opposite of the shoreline plug. This panel, when removed, provides access to the shoreline plug when service or replacement is required. COMPLY? ……………………………………… YES _____ NO _____ #2 GENERAL STORAGE COMPARTMENT This compartment shall be located street side between the #1 compartment and the left side drive wheels and is to be used for general storage. There is to be a single door on this compartment. There shall be a full width, full depth aluminum “pan” style storage shelf installed in the compartment. The shelf is to be mounted on two (2) sets of infinitely adjustable uni-strut tracks at each end of the shelf with rubber matting covering the topside of the shelf. COMPLY? ……………………………………… YES _____ NO _____ #4 SPARE TIRE COMPARTMENT The left rear street side exterior compartment shall be for the storage of the spare tire. A bracket is to be installed in the compartment for the securing of the tire. There is to be a single door on this compartment. COMPLY? ……………………………………… YES _____ NO _____ #5 GENERAL STORAGE COMPARTMENT The right rear curbside exterior compartment is to be located rearward of the right side rear wheels extending to the right rear corner of the body. This compartment is to provide exterior storage for miscellaneous equipment under the rear portion of the squad bench. There shall be a full width, full depth aluminum “pan” style storage shelf installed in the compartment. The shelf is to be mounted on two (2) sets of infinitely adjustable uni-strut tracks at each end of the shelf with rubber matting covering the topside of the shelf. Page 23 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification COMPLY? ……………………………………… YES _____ NO _____ #7 ALS IN/OUT ACCESS There shall be a single full-length door located at the right front (curbside) allowing for In/Out access to the ALS interior cabinet. COMPLY? ……………………………………… YES _____ NO _____ 5.7 LIGHTING, DOT The vehicle shall be equipped with jewel affect daytime running headlights and two amber park/turn lights on the front. The Module Body shall have at least 11 LED clearance lights with “each light having four (4) LED’s and grounded via a ground wire”. Each top front corner shall have amber lights mounted on the front and side of each corner. There shall be three red lights at the top rear center of the module. Each top rear corner shall have red lights mounted on the rear and side of each corner. There shall be three amber lights mounted on the center front of the cab roof. The rear of the module box shall have two Whelen 4” x 6” series amber LED arrow turn lights, two Whelen 4” x 6” series red LED tail/brake lights, two Whelen 4” x 6” series reverse lights. They will be mounted in chrome flanges on the modular body above the diamond plate in the above listed order top to bottom. Mounting of these lights shall be as far outboard on the rear of the module body as possible. All lights shall be as per I.C.C. requirements. COMPLY? ……………………………………… YES _____ NO _____ 6.0 BODY FINISH 6.1 PAINTING PROCEDURE An extensive 12-step painting process is to be followed and strictly adhered to as follows: Prior to paint all doors, chrome trim, lights, handles, steps, and all other attached equipment shall be removed to assure the paint process covers the entire body. No Weather-stripping will be attached to the body during the paint process. COMPLY? ……………………………………… YES _____ NO _____ The entire outside of the body shall be sanded with a minimum of 180 grit sandpaper and cleaned and deburred of all rough edges. The entire body shall then be wiped clean with PPG DX436 wax and grease remover prior to painting. COMPLY? ……………………………………… YES _____ NO _____ The body shall then be coated with (1) coat of PPG Delfleet Evolution F3993 Epoxy Primer followed by (2) coats of PPG Delfleet Evolution F3975 Urethane Primer. Once the primer has been applied the entire unit shall be baked at 150 degrees for a minimum of 30 minutes. The primer shall then be sanded prior to the application of the topcoat. COMPLY? ……………………………………… YES _____ NO _____ Page 24 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification Once the application of the primer has been completed, a topcoat consisting of (2) coats of PPG Delfleet Evolution FBC Color Coat is applied followed by (2) coats of PPG Delfleet Evolution F3921 Clear coat for a durable long lasting high gloss finish. The entire unit shall then be baked a second time at 160 degrees for a minimum of (45) minutes. COMPLY? ……………………………………… YES _____ NO _____ After the body paint procedure is completed a band shall be applied at midline forming a continuous band around the vehicle. This band is to be painted with (2) coats of PPG Delfleet Evolution FBC Color Coat followed by (2) coats of PPG Delfleet Evolution F3921 Clear Coat. COMPLY? ……………………………………… YES _____ NO _____ The final step shall then be to apply Rubberized undercoating to the underside of the cab and the body in strict adherence to Ford QVM guidelines and the KKK-1822- E Specification just prior to delivery. COMPLY? ……………………………………… YES _____ NO __ Warranty shall be a full 5-year / 100,000 mile NON-PRORATED Modular Paint Warranty. COMPLY? ……………………………………… YES _____ NO _____ 6.2 DECALS, STAR-OF LIFE There shall be DOT approved decals provided as follows; 2) 6" Star-Of-Life 2) 12" Star-Of-Life 2) 16" Star-Of-Life 1) 36" Star-Of-Life 1) 4" Mirror-Image "AMBULANCE" 3) 6" AMBULANCE" COMPLY? ……………………………………… YES _____ NO _____ 7.0 PAYLOAD 7.1 PAYLOAD There shall be a minimum of 3,500 lbs. of usable payload. Weight determination shall be made with standard unit, full complement of fuel, fluids and spare tire. Any optional equipment shall be deducted from payload. COMPLY? ……………………………………… YES _____ NO _____ 8.0 MISCELLANEOUS EOUIPMENT 8.1 DECALS, NO SMOKING & OXYGEN EQUIPPED There shall be two NO SMOKING and two OXYGEN EQUIPPED signs, one each in the cab and one each in the patient compartment. Page 25 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification COMPLY? ……………………………………… YES _____ NO _____ 8.2 I.V. HOLDERS There shall be two recessed, swing-up dual I.V. bag holders mounted in patient compartment headliner. The holders shall be Cast Products # IV-2009 (KKK-1822-E Approved). COMPLY? ……………………………………… YES _____ NO _____ 8.3 ANTENNA PRE-WIRE One pre-wire antenna coaxial cable delivered to the drivers switch console. There shall be a raceway provided to be able to run radio cable from the cab to the patient compartment. COMPLY? ……………………………………… YES _____ NO _____ 8.4 WIRING SCHEMATIC There shall be a complete SPECIFIC wiring schematic showing all circuits, including optional equipment included in the owner's manual. COMPLY? ……………………………………… YES _____ NO _____ 9.0 WARRANTY 9.1 WARRANTY Three year / 36,OOO mile Product Conversion Warranty. Six-year / 72,000 mile Electrical System Warranty. Five-year / 100,000 mile NON-PRORATED Modular Paint Warranty. LIFETIME Modular Body Structure Warranty. There shall be no pro-rating allowed for any portion of the above listed warranties. COMPLY? ……………………………………… YES _____ NO _____ 10.0 REQUIREMENTS OF THE MANUFACTURER 10.1 KKK-A-1822-F CERTIFICATION This unit shall meet all KKK-A-1822-F specifications and the manufacturer shall have current documentation of compliance with all KKK-A-1882-F standards. COMPLY? …………………………………….. YES _____ NO _____ 10.2 FORD QVM PROGRAM This unit shall meet all Ford QVM Program requirements and the manufacturer shall be a current member in good standing of the Ford QVM Program. COMPLY? …………………………………….. YES _____ NO _____ 10.3 AMD MEMBERSHIP The manufacturer shall be a current member in good standing of the Ambulance Manufacturers Division (AMD) of the National Truck & Equipment Association (NTEA). Page 26 of 26 2015 Osage “2148 Warrior” Type I F-450 w/ 2wd Specification The unit shall be built in compliance with all AMD “Standards”. COMPLY? …………………………………….. YES _____ NO _____ 10.4 REMOUNTING AND REFURBISHING The manufacturer must be capable of remounting and / or refurbishing used units. The facilities for such purpose shall be located at the manufacturer’s primary location. The subcontracting of remounting and refurbishing is strictly prohibited. COMPLY? …………………………………….. YES _____ NO _____ 10.5 FORD POOL ACCOUNT PROGRAM The manufacturer shall be a current member in good standing of the Ford Pool Account Program. COMPLY? …………………………………….. YES _____ NO _____ POSITIVELY NO EXCEPTIONS ALLOWED TO SECTIONS 9.1 THROUGH 10.5 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1016 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) for $185,400.22 to Alan Jay Fleet Sales of Sebring, FL for the purchase of six 2015 Ford F350’s for Parks and Recreation Department’s Replacement Vehicles, in accordance with the Florida State Contract 25100000-15-1, 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) The six Ford trucks will be purchased through the Florida State Contract 25100000-15-1 quotes dated February 11, 2015 and February 13, 2015 and will replace the following, which are all assigned to the Parks and Recreation Department: G2047 1999 GMC 3500 FLATBED TRUCK WITH WELDER with 65,400 miles G2255 2000 GMC 3500HD FLATBED with 60,529 miles G2487 2002 CHEVROLET 3500HD CAB & CHASSIS with 88,305 miles G2489 2002 CHEVROLET 3500 UTILITY BODY PICKUP TRUCK with 101,580 miles G2493 2002 CHEVROLET 3500 CREW CAB FLATBED DUMP TRUCK with 95,345 miles G2827 2004 CHEVROLET 3500 CREW CAB FLATBED DUMP TRUCK with 97,104 miles These vehicles were included in the Fiscal Year 2014/2015 Garage CIP Replacement Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: 316-94241-564100-519 $185,400.22 Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1027 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Award a construction contract to All American Concrete Inc. of Largo, Florida, in the amount of $3,673,266.71 for construction of Island Estates Bridge Replacements (13-0004-EN), which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: A load rating analysis was conducted by Kisinger Campo and Associates that concluded that two bridges along Island Way (155513, 155514) and two bridges on Harbor Passage (155515, 155516) have reached the end of their lifespan This project entails complete replacement of four bridges within the Island Estates subdivision of Clearwater Beach. Work includes demolition and replacement of existing structures, water main and reclaimed water main adjustments, Natural Gas realignment, sanitary sewer adjustments where necessary. Restoration items include concrete curbing, concrete pavement, asphalt roadway, sod and miscellaneous landscape / irrigation. In an effort to maintain access for the public, this project will have a phased construction plan with project duration of 22 months. The Engineering Department will continue to monitor and maintain the newly constructed bridges and Public Utilities Department will maintain the utilities. APPROPRIATION CODE AND AMOUNT: 0315-92274-563800-541-000-0000 $3,367,301.71 0327-96742-563800-533-000-0000 $ 173,591.00 0327-96634-563800-535-000-0000 $ 60,995.00 0315-96739-563800-533-000-0000 $ 71,379.00 Funds are available in Capital Improvement Program projects in amounts of $3,367,301.71 in 315-92274, Bridge Maintenance and Improvements, and $71,379 in 0315-96739, Reclaimed Water Distribution System, and in Utility Renewal and Replacement projects in amounts of $173,591 in 0327-96742, Line Relocation - Capital and $60,995 in 0327-96634, Sanitary Utility Relocate Accommodation for total funding in the amount of $3,673,266.71. Page 1 City of Clearwater Printed on 3/18/2015 ALL AMERICAN CONCRETE, INC. PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST Northbound Island Way 100-001 REMOVAL OF EXISTING STRUCTURE LS 1 21,700.00$ 21,700.00$ 75,000.00$ 75,000.00$ 100-002 CONCRETE CLASS II, APPROACH SLABS CY 29.8 825.00$ 24,585.00$ 500.00$ 14,900.00$ 100-003 CONCRETE CLASS IV, SUPERSTRUCTURE CY 16.2 1,000.00$ 16,200.00$ 2,200.00$ 35,640.00$ 100-004 CONCRETE CLASS IV, SUBSTRUCTURE CY 35.8 905.00$ 32,399.00$ 1,626.00$ 58,210.80$ 100-005 CONC CLASS IV, BULKHEAD CY 4.7 3,140.00$ 14,758.00$ 2,965.00$ 13,935.50$ 100-006 BRIDGE DECK GROOVING, LESS THAN 8.5"SY 71 39.00$ 2,769.00$ 20.00$ 1,420.00$ 100-007 COMPOSITE NEOPRENE PADS CF 1.1 820.00$ 902.00$ 900.00$ 990.00$ 100-008 NON SHRINK GROUT, F&I, MISCELLANEOUS- STRUCTURES REHAB CF 2.5 1,040.00$ 2,600.00$ 2,500.00$ 6,250.00$ 100-009 REINFORCING STEEL - SUPERSTRUCTURE LB 2698 1.10$ 2,967.80$ 1.00$ 2,698.00$ 100-010 REINFORCING STEEL- SUBSTRUCTURE LB 3428 1.10$ 3,770.80$ 2.00$ 6,856.00$ 100-011 REINFORCING STEEL- BULKHEAD LB 251 3.60$ 903.60$ 2.00$ 502.00$ 100-012 REINFORCING STEEL- APPROACH SLABS LB 4748 1.10$ 5,222.80$ 1.00$ 4,748.00$ 100-013 PRESTRESSED SLAB UNITS, WIDTH 48", THICKNESS 15"LF 153 220.00$ 33,660.00$ 250.00$ 38,250.00$ 100-014 PRESTRESSED SLAB UNITS, WIDTH 54", THICKNESS 15"LF 51 310.00$ 15,810.00$ 270.00$ 13,770.00$ 100-015 DRILLED SHAFT, 36" DIA LF 408 725.00$ 295,800.00$ 850.00$ 346,800.00$ 100-016 CROSSHOLE SONIC LOGGING EA 32 375.00$ 12,000.00$ 350.00$ 11,200.00$ 100-017 BRIDGE DECK EXPANSION JOINT, NEW CONSTRUCTION, F&I POURED JOINT WITH BACKER ROD LF 66 65.00$ 4,290.00$ 50.00$ 3,300.00$ 100-018 PEDESTRIAN/ BICYCLE RAILING, ALUMINUM ONLY,42" TYPE 1 LF 47 135.00$ 6,345.00$ 70.00$ 3,290.00$ 100-019 CONCRETE TRAFFIC RAILING, BRIDGE 32" F - SHAPE LF 93 128.00$ 11,904.00$ 200.00$ 18,600.00$ Northbound Island Way Total 508,587.00$ 656,360.30$ Southboud Island Way 101-001 REMOVAL OF EXISTING STRUCTURE LS 1 21,700.00$ 21,700.00$ 75,000.00$ 75,000.00$ 101-002 CONCRETE CLASS II, APPROACH SLABS CY 29.8 825.00$ 24,585.00$ 500.00$ 14,900.00$ 101-003 CONCRETE CLASS IV, SUPERSTRUCTURE CY 16.2 1,000.00$ 16,200.00$ 2,200.00$ 35,640.00$ 101-004 CONCRETE CLASS IV, SUBSTRUCTURE CY 35.8 905.00$ 32,399.00$ 1,600.00$ 57,280.00$ 101-005 CONC CLASS IV, BULKHEAD CY 4.9 3,140.00$ 15,386.00$ 3,050.00$ 14,945.00$ 101-006 BRIDGE DECK GROOVING, LESS THAN 8.5"SY 71 39.00$ 2,769.00$ 20.00$ 1,420.00$ 101-007 COMPOSITE NEOPRENE PADS CF 1.1 820.00$ 902.00$ 900.00$ 990.00$ 101-008 NON SHRINK GROUT, F&I, MISCELLANEOUS- STRUCTURES REHAB CF 2.5 1,040.00$ 2,600.00$ 2,500.00$ 6,250.00$ 101-009 REINFORCING STEEL - SUPERSTRUCTURE LB 2698 1.10$ 2,967.80$ 1.00$ 2,698.00$ 101-010 REINFORCING STEEL- SUBSTRUCTURE LB 3428 1.10$ 3,770.80$ 2.00$ 6,856.00$ 101-011 REINFORCING STEEL- BULKHEAD LB 265 3.60$ 954.00$ 2.00$ 530.00$ 101-012 REINFORCING STEEL- APPROACH SLABS LB 4748 1.10$ 5,222.80$ 1.00$ 4,748.00$ Bid Opening: January 8, 2015 ISLAND ESTATES BRIDGE REPLACEMENTS PROJECT NO. 13-0004-EN CONE & GRAHAM, INC. 101-013 PRESTRESSED SLAB UNITS, WIDTH 48", THICKNESS 15"LF 153 220.00$ 33,660.00$ 250.00$ 38,250.00$ 101-014 PRESTRESSED SLAB UNITS, WIDTH 54", THICKNESS 15"LF 51 310.00$ 15,810.00$ 270.00$ 13,770.00$ 101-015 DRILLED SHAFT, 36" DIA LF 448 725.00$ 324,800.00$ 850.00$ 380,800.00$ 101-016 CROSSHOLE SONIC LOGGING EA 32 375.00$ 12,000.00$ 350.00$ 11,200.00$ 101-017 BRIDGE DECK EXPANSION JOINT, NEW CONSTRUCTION, F&I POURED JOINT WITH BACKER ROD LF 66 65.00$ 4,290.00$ 50.00$ 3,300.00$ 101-018 PEDESTRIAN/ BICYCLE RAILING, ALUMINUM ONLY,42" TYPE 1 LF 47 135.00$ 6,345.00$ 70.00$ 3,290.00$ 101-019 CONCRETE TRAFFIC RAILING, BRIDGE 32" F - SHAPE LF 93 128.00$ 11,904.00$ 200.00$ 18,600.00$ Southboud Island Way Total 538,265.40$ 690,467.00$ West Harbor Passage 102-001 REMOVAL OF EXISTING STRUCTURE LS 1 21,700.00$ 21,700.00$ 75,000.00$ 75,000.00$ 102-002 CONCRETE CLASS II, APPROACH SLABS CY 36.2 825.00$ 29,865.00$ 500.00$ 18,100.00$ 102-003 CONCRETE CLASS IV, SUPERSTRUCTURE CY 19.9 1,000.00$ 19,900.00$ 2,000.00$ 39,800.00$ 102-004 CONCRETE CLASS IV, SUBSTRUCTURE CY 46.5 905.00$ 42,082.50$ 1,650.00$ 76,725.00$ 102-005 CONC CLASS IV, BULKHEAD CY 4.8 3,140.00$ 15,072.00$ 3,100.00$ 14,880.00$ 102-006 BRIDGE DECK GROOVING, LESS THAN 8.5"SY 76 39.00$ 2,964.00$ 15.00$ 1,140.00$ 102-007 COMPOSITE NEOPRENE PADS CF 1.3 820.00$ 1,066.00$ 900.00$ 1,170.00$ 102-008 NON SHRINK GROUT, F&I, MISCELLANEOUS- STRUCTURES REHAB CF 2.5 1,040.00$ 2,600.00$ 2,500.00$ 6,250.00$ 102-009 REINFORCING STEEL - SUPERSTRUCTURE LB 3288 1.10$ 3,616.80$ 1.00$ 3,288.00$ 102-010 REINFORCING STEEL- SUBSTRUCTURE LB 4576 1.10$ 5,033.60$ 2.00$ 9,152.00$ 102-011 REINFORCING STEEL- BULKHEAD LB 244 3.60$ 878.40$ 2.00$ 488.00$ 102-012 REINFORCING STEEL- APPROACH SLABS LB 5488 1.10$ 6,036.80$ 1.00$ 5,488.00$ 102-013 PRESTRESSED SLAB UNITS, WIDTH 48", THICKNESS 15"LF 207 220.00$ 45,540.00$ 250.00$ 51,750.00$ 102-014 DRILLED SHAFT, 36" DIA LF 408 725.00$ 295,800.00$ 850.00$ 346,800.00$ 102-015 CROSSHOLE SONIC LOGGING EA 32 375.00$ 12,000.00$ 350.00$ 11,200.00$ 102-016 BRIDGE DECK EXPANSION JOINT, NEW CONSTRUCTION, F&I POURED JOINT WITH BACKER ROD LF 71 65.00$ 4,615.00$ 50.00$ 3,550.00$ 102-017 PEDESTRIAN/ BICYCLE RAILING, ALUMINUM ONLY,42" TYPE 1 LF 94 135.00$ 12,690.00$ 70.00$ 6,580.00$ 102-018 CONCRETE TRAFFIC RAILING, BRIDGE 32" F - SHAPE LF 94 128.00$ 12,032.00$ 200.00$ 18,800.00$ West Harbor Passage Total 533,492.10$ 690,161.00$ East Harbor Passage 103-001 REMOVAL OF EXISTING STRUCTURE LS 1 21,700.00$ 21,700.00$ 75,000.00$ 75,000.00$ 103-002 CONCRETE CLASS II, APPROACH SLABS CY 36.2 825.00$ 29,865.00$ 500.00$ 18,100.00$ 103-003 CONCRETE CLASS IV, SUPERSTRUCTURE CY 19.9 1,000.00$ 19,900.00$ 2,000.00$ 39,800.00$ 103-004 CONCRETE CLASS IV, SUBSTRUCTURE CY 47.4 905.00$ 42,897.00$ 1,650.00$ 78,210.00$ 103-005 CONC CLASS IV, BULKHEAD CY 5.6 3,140.00$ 17,584.00$ 3,100.00$ 17,360.00$ 103-006 BRIDGE DECK GROOVING, LESS THAN 8.5"SY 76 39.00$ 2,964.00$ 15.00$ 1,140.00$ 103-007 COMPOSITE NEOPRENE PADS CF 1.3 820.00$ 1,066.00$ 900.00$ 1,170.00$ 103-008 NON SHRINK GROUT, F&I, MISCELLANEOUS- STRUCTURES REHAB CF 2.5 1,040.00$ 2,600.00$ 2,500.00$ 6,250.00$ 103-009 REINFORCING STEEL - SUPERSTRUCTURE LB 3288 1.10$ 3,616.80$ 1.00$ 3,288.00$ 103-010 REINFORCING STEEL- SUBSTRUCTURE LB 4576 1.10$ 5,033.60$ 2.00$ 9,152.00$ 103-011 REINFORCING STEEL- BULKHEAD LB 262 3.60$ 943.20$ 2.00$ 524.00$ 103-012 REINFORCING STEEL- APPROACH SLABS LB 5488 1.10$ 6,036.80$ 1.00$ 5,488.00$ 103-013 PRESTRESSED SLAB UNITS, WIDTH 60", THICKNESS 15"LF 207 240.00$ 49,680.00$ 290.00$ 60,030.00$ 103-014 DRILLED SHAFT, 36" DIA LF 376 725.00$ 272,600.00$ 850.00$ 319,600.00$ 103-015 CROSSHOLE SONIC LOGGING EA 32 375.00$ 12,000.00$ 500.00$ 16,000.00$ 103-016 BRIDGE DECK EXPANSION JOINT, NEW CONSTRUCTION, F&I POURED JOINT WITH BACKER ROD LF 71 65.00$ 4,615.00$ 50.00$ 3,550.00$ 103-017 PEDESTRIAN/ BICYCLE RAILING, ALUMINUM ONLY,42" TYPE 1 LF 94 135.00$ 12,690.00$ 70.00$ 6,580.00$ 103-018 CONCRETE TRAFFIC RAILING, BRIDGE 32" F - SHAPE LF 94 128.00$ 12,032.00$ 200.00$ 18,800.00$ East Harbor Passage Total 517,823.40$ 680,042.00$ 200-001 MOBILIZATION LS 1 577,000.00$ 577,000.00$ 415,000.00$ 415,000.00$ 200-002 MAINTENANCE OF TRAFFIC LS 1 54,800.00$ 54,800.00$ 75,000.00$ 75,000.00$ 200-003 WORK ZONE SIGN ED 16140 0.40$ 6,456.00$ 0.24$ 3,873.60$ 200-004 BARRIER WALL, TEMPORARY, F&I, TYPE K LF 1701 34.00$ 57,834.00$ 30.00$ 51,030.00$ 200-005 TEMPORARY BARRICADE- TYPES I,II,DI,VP, DRUM, OR LCD ED 4550 0.25$ 1,137.50$ 0.14$ 637.00$ 200-006 BARRICADE, TEMPORARY, TYPE III, 6'ED 3050 0.35$ 1,067.50$ 0.25$ 762.50$ 200-007 TEMPORARY CRASH CUSHION, REDIRECTIVE OPTION LO 16 1,070.00$ 17,120.00$ 1,100.00$ 17,600.00$ 200-008 FLOATING TURBIDITY BARRIER LF 270 16.00$ 4,320.00$ 12.00$ 3,240.00$ 200-009 INLET PROTECTION SYSTEM EA 10 280.00$ 2,800.00$ 100.00$ 1,000.00$ 200-010 CLEARING AND GRUBBING LS 0.35 255,519.00$ 89,431.65$ 214,285.00$ 74,999.75$ 200-011 REMOVAL OF EXISTING CONCRETE PAVEMENT SY 504 14.00$ 7,056.00$ 20.00$ 10,080.00$ 200-012 REGULAR EXCAVATION CY 259 28.00$ 7,252.00$ 50.00$ 12,950.00$ 200-013 EMBANKMENT CY 31 57.00$ 1,767.00$ 150.00$ 4,650.00$ 200-014 TYPE B STABILZATION SY 460 40.00$ 18,400.00$ 75.00$ 34,500.00$ 200-015 OPTIONAL BASE, BASE GROUP 06 SY 361 49.00$ 17,689.00$ 65.00$ 23,465.00$ 200-016 TURNOUT CONSTRUCTION SY 69 89.00$ 6,141.00$ 60.00$ 4,140.00$ 200-017 SUPERPAVE ASPHALTIC CONC, TRAFFIC A TN 64 410.00$ 26,240.00$ 250.00$ 16,000.00$ 200-018 LATEX MODIFIED PORTLAND CEMENT CONC, TYPE III CF 10 1,120.00$ 11,200.00$ 500.00$ 5,000.00$ 200-019 CONCRETE CURB TYPE A LF 352 32.00$ 11,264.00$ 25.00$ 8,800.00$ 200-020 SHOULDER CONCRETE BARRIER WALL, RIGID-SHOULDER LF 6 330.00$ 1,980.00$ 225.00$ 1,350.00$ 200-021 SHOULDER CONCRETE BARRIER WALL, RIGID-CURB & GUTTER LF 130 152.00$ 19,760.00$ 250.00$ 32,500.00$ 200-022 CONCRETE SIDEWALK AND DRIVEWAYS 4" THICK SY 175 69.00$ 12,075.00$ 60.00$ 10,500.00$ 200-023 CONCRETE SIDEWALK AND DRIVEWAYS 6" THICK SY 7 190.00$ 1,330.00$ 100.00$ 700.00$ 200-024 PERFORMANCE TURF, SOD SY 1121 7.00$ 7,847.00$ 4.00$ 4,484.00$ 200-025 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, DASHED 6"NM 0.128 560.00$ 71.68$ 450.00$ 57.60$ 200-026 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID 6"NM 0.333 1,500.00$ 499.50$ 1,200.00$ 399.60$ 200-027 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, DASHED 6"NM 0.126 565.00$ 71.19$ 450.00$ 56.70$ Roadway 200-028 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID 6"NM 0.234 1,500.00$ 351.00$ 1,200.00$ 280.80$ 200-029 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, DOTTED/ GUIDELINE 6-10 GAP EXTENSION 6"LF 121 0.45$ 54.45$ 0.35$ 42.35$ Total Roadway 963,015.47$ 813,098.90$ Bridge Subtotal 3,061,183.37$ 3,530,129.20$ 200-030 Bridge 10% Contingency LS 1 306,118.34$ 353,012.92$ Bridge Total 3,367,301.71$ 3,883,142.12$ 300-001 UTILITY PIPE, F&I, DI, WATER, 8"LF 100 180.00$ 18,000.00$ 180.00$ 18,000.00$ 300-002 UTILITY PIPE, F&I, DI, WATER, 12"LF 160.0 226.00$ 36,160.00$ 225.00$ 36,000.00$ 300-003 UTILITY FIXTURES, F&I, 12" LINE STOP ASSEMBLY LF 2 7,020.00$ 14,040.00$ 6,500.00$ 13,000.00$ 300-004 UTILITY FIXTURES, F&I, 8" LINE STOP ASSEMBLY LF 4.0 5,920.00$ 23,680.00$ 5,550.00$ 22,200.00$ 300-005 UTILITY FIXTURES, F&I, 12" TAPPING SADDLE LF 2 7,685.00$ 15,370.00$ 7,220.00$ 14,440.00$ 300-006 UTILITY FIXTURES, F&I, 8" TAPPING SADDLE LF 4.0 4,625.00$ 18,500.00$ 4,375.00$ 17,500.00$ 300-007 UTILITY FITTINGS, F&I, DI, 12"LF 10 733.00$ 7,330.00$ 690.00$ 6,900.00$ 300-008 UTILITY FITTINGS, F&I, DI, 8"LF 20 435.00$ 8,700.00$ 410.00$ 8,200.00$ 300-009 UTILITY FITTINGS, F&I, DI, 12" BELL RESTRAINTS LF 10 693.00$ 6,930.00$ 660.00$ 6,600.00$ 300-010 UTILITY FITTINGS, F&I, DI, 8" BELL RESTRAINTS LF 20 455.00$ 9,100.00$ 425.00$ 8,500.00$ Water Main Subtotal 157,810.00$ 151,340.00$ 300-011 Water Main 10% Contingency LS 1 15,781.00$ 15,134.00$ Water Main Total 173,591.00$ 166,474.00$ 300-012 UTILITY PIPE, F&I, POLY LINED DI, SEWER, 6"LF 100 150.00$ 15,000.00$ 145.00$ 14,500.00$ 300-013 UTILITY PIPE, F&I, POLY LINED DI, SEWER, 8"LF 100 190.00$ 19,000.00$ 190.00$ 19,000.00$ 300-014 UTILITY FITTINGS, F&I, POLY LINED DI, 6"LF 10 575.00$ 5,750.00$ 670.00$ 6,700.00$ 300-015 UTILITY FITTINGS, F&I, POLY LINED DI, 8"LF 10 750.00$ 7,500.00$ 720.00$ 7,200.00$ 300-016 UTILITY FITTINGS, F&I, DI, 6" BELL RESTRAINTS LF 10 385.00$ 3,850.00$ 365.00$ 3,650.00$ 300-017 UTILITY FITTINGS, F&I, DI, 8" BELL RESTRAINTS LF 10 435.00$ 4,350.00$ 425.00$ 4,250.00$ Sewer Force Main Subtotal 55,450.00$ 55,300.00$ 300-018 Sewer Force Main 10% Contingency LS 1 5,545.00$ 5,530.00$ Sewer Force Main Total 60,995.00$ 60,830.00$ 300-019 UTILITY PIPE, F&I, DI, WATER, 6"LF 60 100.00$ 6,000.00$ 135.00$ 8,100.00$ 300-020 UTILITY PIPE, F&I, DI, WATER, 8"LF 100 125.00$ 12,500.00$ 170.00$ 17,000.00$ 300-021 UTILITY PIPE, F&I, DI, WATER, 12"LF 100 160.00$ 16,000.00$ 185.00$ 18,500.00$ 300-022 UTILITY FITTINGS, F&I, DI, 6"LF 10 350.00$ 3,500.00$ 365.00$ 3,650.00$ 300-023 UTILITY FITTINGS, F&I, DI, 8"LF 10 430.00$ 4,300.00$ 425.00$ 4,250.00$ 300-024 UTILITY FITTINGS, F&I, DI, 12"LF 10 733.00$ 7,330.00$ 690.00$ 6,900.00$ Sewer Force Main Reclaimed Water Main Water Main UTILITIES 300-025 UTILITY FITTINGS, F&I, DI, 6" BELL RESTRAINTS LF 10 386.00$ 3,860.00$ 365.00$ 3,650.00$ 300-026 UTILITY FITTINGS, F&I, DI, 8" BELL RESTRAINTS LF 10 435.00$ 4,350.00$ 425.00$ 4,250.00$ 300-027 UTILITY FITTINGS, F&I, DI, 12" BELL RESTRAINTS LF 10 705.00$ 7,050.00$ 660.00$ 6,600.00$ Reclaimed Water Main Subtotal 64,890.00$ 72,900.00$ 300-028 Reclaimed Water Main 10% Contingency LS 1 6,489.00$ 7,290.00$ Reclaimed Water Total 71,379.00$ 80,190.00$ Utilities Subtotal 278,150.00$ 279,540.00$ Utilities 10% Contingency 27,815.00$ 27,954.00$ Utilities Total 305,965.00$ 307,494.00$ Subtotal (Bridge Total + Utilities Total)3,339,333.37$ 3,809,669.20$ Total 10 %Contingency 333,933.34$ 380,966.92$ Total Contract Amount 3,673,266.71$ 4,190,636.12$ Bidder's Grand Total 3,673,266.71$ 4,190,636.12$ Pink Cells = Mathematical Corrections Harbor PassageWest Harbor PassageEast Island WayNorthbound Island WaySouthbound I SLAND WAY MI DWAYISSNUG I S P A L M IS S E P A L M IS N E LEEWARDI SHARBOR I S LARBOARDWAYH A R B O R P S G E DOLPHIN P T PALM I S S W PALM IS N W LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK N.T.S.258B 5-29S-15E6/04/2013Map Gen By:Reviewed By: S-T-R:Grid #:Date:Scale: Island Estates Bridges Document Path: V:\GIS\Engineering\Location Maps\IslandEstatesBridgePage3.mxd TM SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT ............................................................................................................................................ 10 NON COLLUSION AFFIDAVIT ......................................................................................................... 11 PROPOSAL ............................................................................................................................................. 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 15 BIDDER’S PROPOSAL ......................................................................................................................... 16 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 22 SectionV.docx Page 1 of 22 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER All American Concrete, Inc. 8770 Somerset Drive Largo, FL 33773 (727) 524-8755 ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: ISLAND ESTATES BRIDGE REPLACEMENTS PROJECT NO.: 13-0004-EN PROJECT DESCRIPTION: demolition and replacement of existing structures, water main and reclaimed water main adjustments, Natural Gas realignment, and sanitary sewer adjustments where necessary. BY THIS BOND, We All American Concrete, Inc., as Contractor, and _______________________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $3,673,266.71, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________________, between Contractor and Owner for construction of Island Estates Bridge Replacements, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and SectionV.docx Page 2 of 22 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). ALL AMERICAN CONCRETE, INC. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) _________________________________ By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SectionV.docx Page 3 of 22 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2015 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and ALL AMERICAN CONCRETE, INC., of the City of Largo, County of Pinellas, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: ISLAND ESTATES BRIDGE REPLACEMENTS PROJECT NO.: 13-0004-EN in the amount of $3,673,266.71 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). SectionV.docx Page 4 of 22 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 22 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 22 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) ALL AMERICAN CONCRETE, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation.) SectionV.docx Page 7 of 22 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Island Estates Bridge Engineering Department Replacements 100 S. Myrtle Ave. PROJECT NO.: 13-0004-EN Clearwater, FL 33756 CONTRACT DATE: ___________________ BOND NO. : ______________________, recorded in O.R. Book _____, Page ______, of the Public Records of Pinellas County, Florida. CONTRACTOR: ALL AMERICAN CONCRETE, INC. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: __________________________________________ __________________________________________ __________________________________________ __________________________________________ ,SURETY, on bond of All American Concrete, Inc. 8770 Somerset Drive Largo, FL 33773 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of __________, _____. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1028 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a work order to Engineer of Record (EOR), McKim and Creed, Inc., in the amount of $146,200.00 to provide engineering services for a sanitary sewer system inflow and infiltration (I/I) flow reduction program (15-0004-UT); and authorize the appropriate officials to execute same. (consent) SUMMARY: As stated in the detailed work order initiation form submitted by the EOR, the goal of this program is to identify sources of Inflow and Infiltration (I/I), quantify the amount of I/I, and have City sewer maintenance crews immediately remediate when possible. Follow up measurements will be taken to quantify improvements. This approach is made possible by utilizing the EOR’s expertise in I/I identification and measurement with cellular telemetry, data logging and data interpretation. The program will initially be focused on I/I problematic sewer basins. Future expansion of the program via supplemental work orders(s) will be considered if the reductions in flow and subsequent savings in sewer treatment costs provide an acceptable return on investment. This work order was negotiated in accordance with the Consultant’s Competitive Negotiations Act. APPROPRIATION CODE AND AMOUNT: 0315-96665-561300-535-000-0000 $146,200 Sufficient funding is available in Capital Improvement Program project 0315-96665, Sanitary Sewer R and R, to fund the work order. Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1055 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: AppointmentIn Control: City Council Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Reappoint Nino Accetta and Edward T. O’Brien, Jr. to the Marine Advisory Board with terms to expire March 31, 2019. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 + 1 Ex Officio member CHAIRPERSON: Paul J. Kelley MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Chambers APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH WILL BE EXPIRING AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM: 1. Nino Accetta - 2724 Via Murano Unit 626, 33764 - Banking Original Appointment: 11/6/14 Interest in reappointment: Yes (filling unexpired term until 3/31/15) 1. Edward T. O’Brien, Jr. - 3376 Ferncliff Ln, 33761 - Retired College Professor Original Appointment: 7/17/14 Interest in reappointment: Yes (filling unexpired term until 3/31/15) AT THIS TIME THERE ARE NO OTHER APPLICATIONS ON FILE Zip codes of current members on board: 1 at 33756 3 at 33761 1 at 33764 3 at 33767 Page 1 City of Clearwater Printed on 3/18/2015 File Number: ID#15-1055 Page 2 City of Clearwater Printed on 3/18/2015 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO must be Clearwater resident) Name: Nino Accetta Home Address: Office Address: OFFICIAL RECORDS AND 2724 via murano unit 626 N/A I FGISI ATIVE SRVCS DEPT Clearwater FL Zip 33764 Zip Telephone: Telephone: Cell Phone: 646 - 643 -4973 E -mail Address:Nacc1098@gmail.com BeEIVED SEP 2 5 2014 How long a resident of Clearwater? 5yrs Occupation: Banking Employer: Citibank Field of Education: Other Work Experience: Aeronautical Engineering Self Employed If retired, former occupation: Community Activities: Volunteer Board member of Clearwater Housing Authority, Vice Chairman of CayClubs Community Development District, Volunteer for Pinellas Homeless Point In Time Count and Survery, Volunteer coach for my sons soccer and basketball teams. Other Interests: Boating, fishing, Autocross racing, Hunting Board Service (current and past): Clearwater Housing Authority CayClubs Community Development District Board Preference: Marine advisory board Additional Comments: My life experiences and passion for boating will allow me to hit the ground running enabling me to be an asset to the board. My family and I have fallen in love with Clearwater and are setting a foundation through my young growing children with the intention of remaining in Clearwater long term. Therefore, I would like to help preserve my Cities charm and strive to keep Clearwater beautiful and,the great family oriented place it currently is to live. Anyway I can. It would be an honor to s•rvv Signature: Ni o Date: 9/24/2014 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hail, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _I believe this boards responsibility is to assist the City council and the director of the Marine and Aviation Department by making recommendations regarding City Marinas and Waterways. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? My life experiences and passion for boating will allow me to hit the ground running enabling me to be an asset to the board from day one. 4. Why do you want to serve on this Board? My family and 1 have fallen in love with Clearwater and are setting a foundation through my young growing children with the intention of remaining in Clearwater long term. Therefore, I would like to help preserve my Cities charm and strive to keep Clearwater beautiful and the great family oriented place it currently is to live. Anyway I Can Name: Nino Accetta Board Name:_ Marine advisory board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Home Address: Office Address: 33 7C /- ' c /1-1= .4,4/ h au, .ie,c /L. Zip .'376/ - "ti/ Telephone0 2=7"7 7 6 S %il c 3 `f Cell Phone:(71 -- ¶Ga /cri 3 3 A04 Zip Telephone: E -mail Address: How long a resident of Clearwater? 7 3 ;, Occupation: Adj //y, -y Employer: ,t AJ (: Field of Education: // Other Work Experience: e5y D. C',,. , c,i rz , r,, i, «9z-- n,,add. fy P e 4i- re ec`fi `former` ocapaton: Ps.fr- ,D %, . Community Activities:(, - ,,,„4, C /...—., j 4,,_.:4 - :" J,__..,/. Other Interests:4,4/.4 ,e is L, /..r 7 L_1/6 - &it c, Board Service (current and past): / Board Preference: p fK 4 « •- - 1 Q c /F'iY /f i Lext,.. a./s. c. 23 / Additional Comments: Signed: /,. `7/ AL:. Date: 9/e- eiv See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hal!, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? illA e.---r24,---e-..- Name: Board Name: PW' 1,,,`m Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1061 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: AppointmentIn Control: City Council Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Appoint Joseph A. Nycz to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2017. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIR: Sue A. Johnson MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER WILL BE RESIGNING FROM THIS BOARD AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Christopher J. Anuszkiewicz - 1007 Mandalay Ave., 33767 - Landscape Architect Original Appointment: 3/6/14 (was serving 1st term to expire 10/31/17) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Joseph A. Nycz - 2576 Forest Run Ct., 33761 - Retired Code Enf. Supervisor (THERE ARE NO OTHER CURRENT NOMINEES ON FILE) Zip codes of current members: 2 at 33755; 1 at 33759; 1 at 33764; 3 at 33767 Current Categories: 1 Ins. Claims Adjuster 1 Landscape Architect 1 Marketing & Graphics 1 Retired/BA Inst. Court Management Page 1 City of Clearwater Printed on 3/18/2015 File Number: ID#15-1061 1 Retired/BA Political Science 1 Retail 1 Sales/Service - Pres. Carr A/C & Htg. Inc. Page 2 City of Clearwater Printed on 3/18/2015 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) 54: e* Home Address: Zip 2 .7 76'," Telephone: 1 ? 7 79'/ 73 Cell Phone: 7,27 (P 7 a How long a resident of Clearwater? Occupation: 677/0e6---6, Field of Education: 7q 0 If retired, former occupation: (4 64: Office Address: Zip Telephone: E-mail Address: JW1:3 1 4 2013 anciAL REanDs /tic misLATive.mva DrnEmployer: Other Work Experience: cpe-74/43d/L- Community Activities: Other Interests: Board Service (current and past): Additional Comments: Comments: Board Preference: ec.,47ieiti7--4-L- dz,i7J- 0.9/ .,690-4-,e/ Signature: Date: See trached list for boards that require financial disclosure at time of appointment. Please return thisa-- application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1.What is your understanding of the board's duties and responsibilities? To obtain compliance with the various municipal codes in a fair and orderly manner. The goal of the Board is to achieve voluntary compliance . 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes I have observed the board meetings on TV. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? retired from Pinellas County as a Supervisor with the Code Enforcement Department and feel with my background with code enforcement would be an asset to the board. 4. Why do you want to serve on this Board? I feel with my past work experience I would be an asset to this board. Name: Joseph A. Nycz Board Name Municipal Code Enforcement Board RECEIVED SEP 2 3 2014 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1074 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve annual blanket purchase order (contract) and two one-year renewal terms at the City’s option, to TK6 Worldwide of Tampa, FL per Invitation to Bid 16-15, in the total annual amount of $60,000 for electronic waste recycling services, as required by the Solid Waste Department. (consent) SUMMARY: The Solid Waste Department accepts electronic waste (a.k.a., e-waste) from our residential customers. The majority of the e-waste is collected at residences after a resident-initiated phone call requesting service. The Department also hosts a once-monthly drop-off event held at the Solid Waste Complex the last Wednesday of each month (7am to 3pm). All e-waste collected is palletized and shrink-wrapped at our complex to enable prompt loading and unloading. During January 2015, the Purchasing Department advertised an Invitation to Bid (ITB 16-15) for the e-waste recycling and disposal services. TK6 Worldwide was the lowest bidder among the eight respondents. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the Fiscal Year 2014/15 Operating Budget of the Solid Waste Fund: ·0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) Page 1 City of Clearwater Printed on 3/18/2015 ESTIMATED BIDDER Payment Terms BID/TON ANNUAL BID TK6 Worldwide PPD 5%/7 days ($380)$400 132 ton $52,800 $50,160 w/payment terms applied Green Wave Computer Recycling $498 132 ton $65,736 JACO Environmental Inc $500 132 ton $66,000 Transcor Recycling $505 132 ton $66,660 Mean Green E-Cyclers $560 132 ton $73,920 A-1 Assets Inc $680 132 ton $89,760 Diversified Recycling $774 132 ton $102,168 M-PowerTech $1,000 132 ton $132,000 ITB #16-15 E-Waste Recycling Services BID TABULATION 4-Feb-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1075 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) for $155,024.50 to Alan Jay Fleet Sales of Sebring, FL for the purchase of five 2015 Ford F250’s for Engineering, Gas and Public Utilities Department’s Replacement Vehicles, in accordance with the Florida Sheriff’s Association Contract 14-22-0904 and 14-12-0904 (1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The five Ford trucks will be purchased through the Florida Sheriff’s Association Contract No. 14-22-0904 and 14-12-09044 quotes dated January 9, 2015, February 11, 2015 and February 14, 2015 and will replace the following, which are assigned to the Engineering, Gas and Public Utilities Departments: G2286 1999 2000 CHEVROLET 2500 UTILITY BODY TRUCK with 67,360 miles G2639 2003 CHEVROLET SILVERADO 2500 HD PICK UP TRUCK with 131,537 miles G2864 2004 CHEVROLET SILVERADO 2500HD PICK UP TRUCK with 99,046 miles G3017 2005 CHEVROLET 2500HD PICKUP TRUCK with 115,613 miles G3018 2005 CHEVROLET 2500HD PICKUP TRUCK with 101,463 miles These vehicles were included in the Fiscal Year 2014/2015 Garage CIP Replacement Fund. APPROPRIATION CODE AND AMOUNT: 316-94241-564100-519 $155,024.50 Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1076 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve the settlement agreement and general release between Michael Jackson and the City of Clearwater, authorize the payment of $120,000 and three years of pension service credit, and authorize the appropriate officials to execute same. (consent) SUMMARY: Mr. Jackson was terminated from employment on August 16, 2010 resulting from a positive random drug test which is mandated by federal regulations for employees occupying safety sensitive positions. The termination was consistent with city policy for cases of this type. Mr. Jackson appealed his termination through the Civil Service System. A hearing was convened in September 2011 but was continued at the request of his council and was not reconvened until February 2014. The Hearing Officer recommended that Mr. Jackson be returned to work after accepting the argument that Mr. Jackson was taking a mail order drug that could have caused a false positive. The Civil Service Board did not accept the hearing officer’s recommendation and determined the termination should be sustained. Mr. Jackson filed an appeal with the court which is provided for in the Civil Service rules. This agreement provides for $120,000 in back pay ($52,500 to be paid as attorney’s fees) and three years of pension service credit. The City will incur an additional actuarial pension cost of $89,415 which will not be funded by a separate contribution. The City will disclose the additional cost in the annual actuarial calculation which will be incorporated into the City’s annual pension contribution. This agreement will settle all current and future claims and end any current or potential litigation. The settlement will be funded from Clearwater Gas reserves as Mr. Jackson was employed by the Gas Department at the time of termination. USE OF RESERVE FUNDS: Funding for this contract will be provided by a budget amendment allocating Gas Fund reserves in the amount of $ 120,000.00. Page 1 City of Clearwater Printed on 3/18/2015 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (“Agreement”) is made and entered into on this ___ day of ___________, 2015, by and between Mr. Michael Jackson (“Mr. Jackson”) and the City of Clearwater, Florida, defined to mean the City of Clearwater, Florida, its past, present and future elected and appointed officials, directors, managers, supervisors, employees, citizens, residents, volunteers, agents, attorneys, insurers, representatives, assigns and successors, all in their official and individual capacities, and all of the City’s subsidiaries, subdivisions and affiliated entities. (collectively, “City”). The purpose of this Agreement is to provide for the general release of any and all claims which Mr. Jackson has or may have had against the City at any time up to and including the effective and enforceable date of this Agreement, and to provide for the payment of consideration for that general release. RECITALS WHEREAS, Mr. Jackson initiated two lawsuits contesting the Civil Service Board’s decision to uphold his termination: Michael Jackson v. The City of Clearwater, et al., Case No. 14-60-AP and Michael Jackson v. The City of Clearwater, et al., Case No. 15-321-CI, both filed in the Sixth Judicial Circuit, Pinellas County (“Complaints”), alleging violations of rights protected by the City Civil Service Rules, statute(s), regulation(s), common law, the Constitution of the State of Florida and/or the Constitution of the United States; WHEREAS, the City denies the allegations and denies any rule, ordinance, statutory, common law, constitutional or regulatory violations, and affirmatively states that Mr. Jackson has failed to state any claim upon which relief can be granted; WHEREAS, all parties to the Agreement agree that neither the fact of this Agreement, nor any term or provision hereof shall be construed as an admission by any [LT12-9901-362/162822/1] 2 party or the City to the merit or viability of any claims or defenses asserted by any party to the agreement, or an admission of liability by the City; and WHEREAS, so as to avoid further expense and in recognition of the positions of the parties to the above case, the parties to the Agreement wish to settle and compromise the Complaints or any other claims Mr. Jackson has against the City, thereby terminating all Complaints and claims; IT IS HEREBY AGREED, by and between the parties as follows: 1. In consideration for the full and complete settlement of Mr. Jackson’s Complaints and any claims he has, Mr. Jackson shall receive the payment of the sum of One Hundred Twenty Thousand Dollars ($120,000.00), which shall be paid by the City. The parties agree that Mr. Jackson has indicated that of the settlement amount, $52,500 is designated as attorneys’ fees, which may be deductable per applicable Internal Revenue Service code, and for which the City will issue IRS form 1099 to Mr. Jackson and his attorney. The remaining portion of the settlement not designated as attorneys’ fees, or $67,500, is to be included on an IRS form W-2 as ordinary income and will be subject to withholding based on the current IRS form W-4 on file or as submitted with this signed agreement by Mr. Jackson. The parties agree that the City makes no representations and/or interpretation of IRS code and attorneys’ fee deductions, and that Mr. Jackson’s duty to correctly report income and deductions to the IRS is his responsibility alone. Two drafts shall be issued and delivered to Jawdet I. Rubaii, P.A., 1358 S. Missouri Avenue, Clearwater, FL 33756: one payable to “Jawdet I. Rubaii, P.A.” in the amount of $52,500, and one payable to “Michael Jackson” in the amount of $67,500 less applicable withholding as stated above. 2. As further consideration for the full and complete settlement of Mr. Jackson’s Complaints and any claims, Mr. Jackson shall receive three (3) years of pension service credit in the City of Clearwater Employees’ Pension Plan. The parties [LT12-9901-362/162822/1] 3 agree and understand that the City will fully fund the three years of pension service credit, and that Mr. Jackson is not responsible for funding his portion. The parties further agree and understand that the City’s personnel records shall reflect that Mr. Jackson retired effective August 17, 2013. Mr. Jackson agrees and understands that there are no other benefits to which Mr. Jackson may be entitled or may claim to be entitled. However, nothing contained in this Agreement, inclusive of paragraphs 5 and 9, shall imply a release of Mr. Jackson’s pension, which is an earned and vested benefit and therefore protected by law. Mr. Jackson understands and agrees that even with the additional three years pension service credit per this Agreement that he will not begin receiving his benefit until November, 2015, which with the execution of this Agreement will be based on an estimated 27.13 years of service. 3. Mr. Jackson agrees that the money and pension service credit set forth herein constitutes adequate and ample consideration for the rights and claims he is waiving under this Agreement. 4. It is further understood and agreed that the above agreed upon terms are not to be construed as an admission of any liability, such liability having been expressly denied. No inducements or representations have been made by any agent or attorney of any party hereby released as to the legal liability or other responsibility of any party claimed responsible. It is agreed that this release applies to known or unknown injuries, costs, expenses, and/or damages alleged to have been suffered or incurred by Mr. Jackson due to the actions or inactions of the City as stated in the Complaints, and is intended to be a full and complete disposition of the entire claim(s) and/or cause(s). 5. In consideration for the amount and service credit pursuant to paragraphs 1 and 2 of the Agreement, Mr. Jackson, his heirs, successors and assigns, agrees to release and hereby releases and forever discharges the City, its past, present and future elected and appointed officials, directors, managers, supervisors, employees, citizens, [LT12-9901-362/162822/1] 4 residents, volunteers, agents, attorneys, insurers, representatives, assigns and successors, all in their official and individual capacities, and all of the City’s subsidiaries, subdivisions and affiliated entities from all actions, claims, demands, setoffs, suits, causes of action, controversies, disputes, equitable relief, compensatory and punitive damages, costs and expenses (including those which arose or could have arisen from the facts alleged or claims made in the Complaint), which Mr. Jackson has against the City, whether known or unknown, from the beginning of time until the effective date of this Agreement, including but not limited to those: at law; in tort; in equity; or any other federal, state or local laws, regulations, or ordinances relating to wrongful termination. The listing of types of claims and/or causes of action being waived in this paragraph is intended to be illustrative rather than exhaustive. THUS, MR. JACKSON ACKNOWLEDGES AND AGREES THAT THIS RELEASE IS A FULL AND FINAL BAR TO ANY AND ALL CLAIMS OF ANY TYPE, KNOWN OR UNKNOWN THAT HE HAS AGAINST THE CITY. Mr. Jackson agrees that he will voluntarily dismiss any and all civil actions against the City, such voluntary dismissals being filed with 10 days of the execution of this agreement. 6. Mr. Jackson and his attorneys, if any, release, waive and relinquish any claims or rights to attorney’s fees, costs and expenses from the City allegedly incurred or due in the Complaints, other than those designated in paragraph 1 as part of the total settlement amount. 7. In consideration for the amount of money and years of service credit pursuant to paragraphs 1 and 2 of the Agreement, Mr. Jackson also agrees to never apply for employment with the City for any current position or any position which may be available in the future. [LT12-9901-362/162822/1] 5 8. Mr. Jackson waives the rights and claims set forth above in paragraphs 4- 7 of the Agreement and he also agrees not to institute, or have instituted, a lawsuit or administrative proceeding against the CITY based on any such claims or rights. 9. No promise has been made to pay or give Mr. Jackson any greater or further consideration other than as stated in this Agreement. All agreements, covenants, representations and warranties, express or implied, oral or written, of the parties hereto concerning the subject matter of this Agreement are contained in this Agreement. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party hereto to any other party concerning the subject matter of this Agreement. All prior and contemporaneous negotiations, possible and alleged agreements, representations, covenants and warranties, between the parties concerning the subject matter of this Agreement are merged into this Agreement. This Agreement contains the entire agreement between the parties. 10. Mr. Jackson enters into this Agreement as a free and voluntary act with full knowledge of its legal consequences. Mr. Jackson has not relied upon any information or representations which are not contained in this Agreement. 11. Mr. Jackson hereby acknowledges that he has been given a period of twenty-one (21) days to review and consider this Agreement, and also acknowledges that he hereby has been encouraged by the City to obtain the advice of an attorney about the terms of this Agreement. Mr. Jackson understands that he may revoke this Agreement within seven (7) days of signing it (revocation period). Mr. Jackson further understands and agrees revocation shall only be effective upon the receipt of a written notice to the City Manager within seven (7) days after Mr. Jackson signs this Agreement. Mr. Jackson also acknowledges that this Agreement can be revoked only in its entirety and that once revoked no provision of this Agreement is enforceable and Mr. Jackson will not receive any benefits under this Agreement. [LT12-9901-362/162822/1] 6 12. This Agreement shall not become effective or enforceable until after the revocation period has expired. 13. In the event of a breach of any provision of this Agreement by any of the parties: if Mr. Jackson breaches, he agrees that the City shall be entitled to recover all sums paid to him and revoke all pension service year credit awarded under this Agreement; In the event the City breaches this Agreement, then paragraphs 1-8 above will be null and void and Mr. Jackson will be entitled to bring suit against the City to collect on the full amount of this agreement. The parties specifically understand and agree that the prevailing party shall recover its costs and reasonable attorney’s fees incurred in any legal proceeding instituted to enforce the terms of this Agreement. The parties further agree that this Agreement is governed by the laws of the State of Florida, without regard to principles of conflict of laws. 14. If any provision of this Agreement, or any part of any provision of this Agreement, is found to be invalid by a court of competent jurisdiction, such shall not affect the validity of any other provision, or part thereof, of this Agreement. 15. The City and Mr. Jackson agree that this Agreement cannot be amended or modified except by a writing executed by both of the parties hereto or their respective administrators, trustees, personal representatives, and successors. MR. JACKSON ACKNOWLEDGES THAT HE HAS CAREFULLY READ AND UNDERSTANDS THIS AGREEMENT CONSISTING OF SEVEN (7) PAGES, AND AGREES THAT THE CITY HAS NOT MADE ANY REPRESENTATIONS OTHER THAN THOSE CONTAINED HEREIN. MR. JACKSON ALSO ACKNOWLEDGES THAT HE ENTERS INTO THIS AGREEMENT VOLUNTARILY, WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE, AND WITHOUT PRESSURE OR COERCION. MR. JACKSON FURTHER ACKNOWLEDGES THAT HE HAS HAD THE OPPORTUNITY TO NEGOTIATE REGARDING THE TERMS OF THIS AGREEMENT, HAS BEEN GIVEN A [LT12-9901-362/162822/1] 7 TWENTY-ONE (21) DAY PERIOD WITHIN WHICH TO REVIEW THIS AGREEMENT, AND HAS BEEN GIVEN A SEVEN (7) DAY PERIOD AFTER SIGNING THE AGREEMENT WITHIN WHICH TO REVOKE THE AGREEMENT. IN WITNESS WHEREOF, the CITY and Mr. Phillips have executed this Agreement and General Release. Page 7 of Settlement Agreement and General Release between CITY OF CLEARWATER, FLORIDA, and Mr. Michael Jackson For the CITY OF CLEARWATER, FLORIDA ___________________________ ___________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ___________________________ Matthew M. Smith Rosemarie Call City Attorney City Clerk For MICHAEL JACKSON ___________________________ ___________________________ Michael Jackson Jawdet I. Rubaii Attorney for Mr. Jackson STATE OF FLORIDA ) [LT12-9901-362/162822/1] 8 COUNTY OF PINELLAS ) BEFORE ME personally appeared Michael Jackson, who acknowledged that he executed the foregoing instrument. He is/is not personally known to me and did/did not take an oath. WITNESS my hand and official seal this __________ day of _____________, 2015. ___________________________________ Print/Type Name: ____________________ Notary Public Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1080 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve selection of Biltmore Construction of Belleair, FL as the Construction Manager at Risk (CMAR) for the proposed Fire Station 50 project (14-0040-FI). (consent) SUMMARY: The City issued Request for Qualifications 12-15 in January 2015 for CMAR firms for the Fire Station 50 project in Countryside. Four firms responded. The review committee included representatives of the Fire Department, Solid Waste/General Services, Engineering and Plisko Architecture, the project architect. The selection committee ranked the firm’s qualifications as follows: Biltmore Construction, Creative Contractors, Ajax Building, and LEMA Construction and Developers. The review committee recommends Biltmore Construction for their comprehensive experience building several fire stations throughout Florida. Biltmore will provide preconstruction services under a Purchase Order including design review and construction cost estimating. Once design approaches final construction documents, staff will present a guaranteed maximum price contract to Council for approval. APPROPRIATION CODE AND AMOUNT: NA Page 1 City of Clearwater Printed on 3/18/2015 www.myclearwater.com Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4633 Tel v 9/2014 REQUEST FOR QUALIFICATIONS Construction Management at Risk for Fire Station 50 RFQ #12-15 January 9, 2015 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, February 4, 2015 to provide Construction Management at Risk Services. Brief Description: The City of Clearwater is seeking a Construction Manager at Risk to join the project team for the construction of a new Fire Station 50. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at www.myclearwater.com. Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. Questions concerning this solicitation should be directed, IN WRITING, to the following contact: General, Process or Technical Questions: Alyce Benge, CPPO, C.P.M. Purchasing Manager Fax: 727-562-4535 Alyce.Benge@myclearwater.com INSTRUCTIONS Construction Management at Risk – FS50 2 RFQ #12-15 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1) - the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 4, 2015 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted, and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 LOBBYING PROHIBITION. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. INSTRUCTIONS Construction Management at Risk – FS50 3 RFQ #12-15 This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter or rejection of their response depending on the nature of the violation. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be INSTRUCTIONS Construction Management at Risk – FS50 4 RFQ #12-15 the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Purchasing Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager City of Clearwater 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Construction Management at Risk – FS50 5 RFQ #12-15 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Related Building Experience (particularly Fire Stations) 35 Scheduling, Cost Control, Value Engineering 25 Project Staff and Availability 20 Knowledge of Local Conditions, Permitting Processes, etc. 20 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored responses based on a preliminary evaluation against the evaluation criteria. Only those short- listed respondents would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. INSTRUCTIONS – EVALUATION Construction Management at Risk – FS50 6 RFQ #12-15 i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx to view Purchasing’s Intent to Award postings. i.21 RFP TIMELINE. Release RFQ: January 9, 2015 Advertise Tampa Bay Times: January 14, 2015 Responses due: February 4, 2015 Review responses/presentations: February 5 – 13, 2015 Award recommendation: February 17, 2015 Council authorization: March 5, 2015 Contract begins: March, 2015 DETAILED SPECIFICATIONS Construction Management at Risk – FS50 7 RFQ #12-15 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND. The project is construction of a new Fire Station 50 at 2681 Countryside Boulevard, Clearwater, Florida (Exhibit A - Site Plan, posted on FTP site; access instructions below). The proposed new, one-story, approximately 8,000 GSF, three-bay fire station will be constructed on or near the footprint of the existing station. The project scope may include providing temporary living quarters at the existing site as well as demolition of the existing station. Exhibit A – Site Plan can be accessed via the City’s FTP site: ftp://ftpserver.myclearwater.com Username = vendor Password = Clearwater Select Purchasing folder to view the Exhibit 3. SCOPE OF WORK. A Construction Management firm to provide management of the construction, and preconstruction services (collectively referred to as the Services) as described herein. The City anticipates seven (7) months of design, ten (10) to twelve months of construction with the new fire station opening by September 2016. The chosen Construction Management firm will join the project team near the beginning of the design development phase to provide pre-construction phase services to the City under a purchase order (Exhibit D – Standard Terms and Conditions for PO). Once the Guaranteed Maximum Price (GMP) is agreed upon, the City staff may recommend to City Council to award the Construction Management firm the Construction Manager at Risk Contract (Exhibit B – Contract, and Exhibit C – Truth in Negotiation certificate). If a GMP cannot be agreed upon, the City may solicit other Construction Manager at Risk firms. 4. MINIMUM QUALIFICATIONS. Construction Management (CM) firms should have successful experience at performing Construction Manager at Risk services on contracts with public agencies, especially Fire Stations, with proven cost-effective results. The selected CM must demonstrate that they bring multiple qualified and competitive subcontractors in all related construction trades for successful project delivery. The CM must be capable of supplying workers that meet Florida Department of Law Enforcement criminal history background checks. 5. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits DETAILED SPECIFICATIONS Construction Management at Risk – FS50 8 RFQ #12-15 afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Purchasing – RFQ 12-15 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Construction Management at Risk – FS50 9 RFQ #12-15 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. March 2015 through October 2016. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA Vendor Name Date: Construction Management at Risk – FS50 10 RFQ #12-15 1. RESPONSE SUBMISSION - Submit a signed original (appropriately identified) along with five (5) copies of the Qualifications Response and ONE (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number within the tabs. TAB 1 – Letter of Interest (two [2] pages). A letter of interest should be submitted that includes the key points of qualifications to complete the construction of Fire Station 50. TAB 2 – Qualifications and Experience (four [4] pages). Examples of similar completed projects, particularly Fire Stations. Provide project name, location, contract delivery method, and description; dates services were performed for the project; color images; initial and final construction cost, including change orders; type of contract and the state of design or construction when the construction contract amount was agreed upon. TAB 3 – Expertise (two [2] pages). A summary of knowledge of local conditions, availability of materials and labor, City of Clearwater permitting processes, local codes and ordinances, and challenges. TAB 4 – Method of Approach (two [2] pages). Examples and methodology of project reporting systems, scheduling, cost estimating and value engineering for similar projects. TAB 5 – Resumes (three [3] pages). Resumes of proposed staff and staff organization. TAB 6 – Litigation. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License 5. If the firm is a corporation, a copy of the current Florida Corporation Registration 6. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA Vendor Name Date: Construction Management at Risk – FS50 11 RFQ #12-15 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt COMPANY INFORMATION Construction Management at Risk – FS50 12 RFQ #12-15 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION Construction Management at Risk – FS50 13 RFQ #12-15 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Construction Management at Risk – FS50 14 RFQ #12-15 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #12-15 Construction Management at Risk – FS 50 Due Date: Wednesday, February 4, 2015, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #12-15 Construction Management at Risk – FS 50 Due Date: Wednesday, February 4, 2015, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33576-5520 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1086 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve a two-year blanket purchase order (contract) with option for one two-year period renewal with NOVA Engineering and Environmental, LLC for building inspections, reporting, and construction management services not to exceed $100,000 per term and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater solicited proposals on September 25, 2014 for services including preparing preliminary plans, specifications, and estimates with associated engineering discipline reports for residential (single-family and multi-family) and commercial building inspections, and construction management services for its housing and economic development programs. These professional services are required for program compliance for the various housing and economic development programs funded by state, federal and local programs including rehabilitation, down payment assistance, and public facilities. The Scope of Services shall include, but not be limited to, performing feasibility inspections and cost estimates, preparing and reviewing construction bid documents, managing the construction process, organizing preconstruction conferences and on-going inspections for draws/payments. NOVA Engineering and Environmental, LLC (NOVA) was selected under Request for Proposals 37-14 (Building Inspections, Reporting and Construction Management Services). The City received three proposals (Nova, Universal and Beryl) with NOVA receiving the highest score from the selection committee. The contract will be for a two-year term, with an option for one two-year renewal with costs not to exceed $100,000 per term (or $50,000 per year) based upon historical usage. The City has procured the services of NOVA previously through piggy-backing on a service agreement Pinellas County had with NOVA. The City needed to procure these services directly because additional services are being required by HUD that are currently not included as part of the County’s agreement with NOVA. APPROPRIATION CODE AND AMOUNT: Funds are available in CDBG, HOME, and SHIP to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/18/2015 [GM09-1510-046/163132/1]1 BUILDING INSPECTIONS, REPORTING AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT THIS CONTRACT, entered into this __________ day of March, 2015, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City”, whose address is: 112 S. Osceola Ave, Clearwater, Florida 33756 and NOVA Engineering and Environmental, LLC, a Delaware Corporation, hereinafter referred to as “Vendor,” whose address is: 1226 Tech Boulevard, Tampa, Florida 33619, (referred to individually herein as “Party” or collectively as the “Parties”). WHEREAS, the City of Clearwater solicited proposals on September 25, 2014 for services including preparing preliminary plans, specifications, and estimates with associated engineering discipline reports for residential (single-family and multi-family) and commercial building inspections, and construction management services; and WHEREAS, the Vendor submitted a proposal and was selected to perform building inspections, reporting and construction management services including performing feasibility inspections and cost estimates, preparing and reviewing construction bid documents, organizing preconstruction conferences, and ongoing inspections for draws/payments as in accordance with Vendor’s proposal, as amended; and WHEREAS, contract shall be subject to terms and conditions of the Request for Proposals, Building Inspections, Reporting and Construction Management Services #37-14 and the Vendor’s original and amended proposal. NOW THEREFORE, in consideration of the promises stated herein, the City and the Vendor mutually agree as follows: 1. SCOPE OF PROJECT. The “Contract Documents” shall consist of the Advertisement for Bids, that certain Request for Proposals, Building Inspections, Reporting and Construction Management Services #37-14, issued by the City on September 14, 2014; Vendor’s Proposal, as amended; this Contract; Instruction to Bidders; General Conditions; Plans; Technical Specifications; and Appendix, as applicable, and all attachments thereto (which are hereby incorporated by reference and made a part of this contract as if set forth fully herein). The Vendor, in consideration of the sums of money as hereinafter set forth to be paid by the City to the Vendor, shall and will at its own expense, perform all labor and furnish all necessary materials to provide the services described in the Contract Documents. All of said work shall be performed and completed by Vendor in a good and workmanlike manner to the satisfaction of [GM09-1510-046/163132/1]2 the City. Should the Vendor fail to perform or comply with any of the terms, conditions, provisions or stipulations as contained herein, the City, may, at its option, avail itself of any and all remedies provided by law and shall have the right to proceed to complete such work as Vendor is obligated to perform. 2. TIME OF PERFORMANCE. Time is off the essence as to the performance of the parties’ obligations under this Agreement. This Contract shall commence on March _______, 2015 and terminate on February 28, 2016 (the “Initial Term”). The Parties may renew for one (1), two (2) year period (“Renewal Period”) if agreed to in a writing executed by both Parties at least ninety (90) days prior to the end of the Initial Term. 3. COMPENSATION. The City will pay the Vendor all reasonable and necessary direct expenses as pre-approved by City in writing, on a task by task basis, in addition to personnel fees in accordance with Vendor’s Personnel Sheet and corresponding Engineering, Environmental and Facilities Schedule of Fees, attached hereto and incorporated herein as Exhibit “A”. The City or Vendor may, from time to time, require changes in the scope of the project to be performed hereunder which are mutually agreed upon by and between City and Vendor, which shall be effective when incorporated in written amendment to this Contract executed by both Parties. Compensation under this Contract shall not exceed Two-Hundred Thousand Dollars and 00/100 ($200,000.00). 4. METHOD OF PAYMENT. The Vendor’s invoices shall be submitted to the City for approval for payment on a monthly reimbursement basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation for the services in the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. [GM09-1510-046/163132/1]3 NOVA Engineering and Environmental, LLC City of Clearwater Bob Hughes Geraldine C. Lopez Principal Director, Economic Development & Housing ___________________ P.O. Box 4748 _________________Clearwater, Florida 33758 (Office) 813-623-3100 (Office) 727-562-4023 (Fax) 813-623-3545 (Fax) 727-562-4075 6. TERMINATION OF CONTRACT. If Vendor fails to fulfill any of its obligations hereunder, such failure shall constitute a material breach and the City may terminate this Contract immediately by giving Vendor written notice of its election to do so and by specifying the effective date of such termination. The Vendor shall be paid for its services provided through the effective date of termination. 7. INDEMNIFICATION AND INSURANCE. The Vendor agrees to comply with all terms, provisions, and requirements of the indemnification and insurance provisions as set forth in paragraph 6 of the Detailed Specifications of the Request for Proposals and as otherwise contained in the Contract Documents. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, the Vendor shall transfer, assign and make available to City or its representatives all property and materials in “Vendor’s” possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. The Vendor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. [GM09-1510-046/163132/1]4 The Vendor agrees to comply with all applicable federal, state and local laws during the life of this Contract. The Vendor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a)Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b)Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 13. Non-Waiver. A delay in exercising, or failure to exercise, any right or remedy under this Contract does not constitute a waiver of such or other rights or remedies and does not operate to prevent the exercise or enforcement of any such right or remedy. No single or partial exercise of any right or remedy under this Contract prevents further exercise of such or other rights or remedies. The rights, powers and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law. [GM09-1510-046/163132/1]5 IN WITNESS WHEREOF,the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk NOVA Engineering and Environmental, LLC Witness: _______________________ By: ________________________ Print Name: _____________ Print Name: ___________________ Title: ________________________ Scope of Work - Tasks 1)Feasibility Inspections 1a.Rehabilitation program 1b.…….add Lead Paint Inspection to 1a. 1c.…….add Asbestos Inspection to 1a. 1d.Down Payment/Closing Cost Assistance program 1e.…….add Lead Paint Inspection to 1d. 1f.…….add Asbestos Inspection to 1d. 2)Construction Bids 2a.Rehabilitation program 2b.Down Payment/Closing Cost Assistance Program 2c.Commercial Projects 3)Pre-Construction Conference 3a.Rehabilitation 3b.Down Payment/Closing Cost Assistance Program 3c.Commercial Projects 4)Ongoing Inspection for Draw/Payment 4a. Rehabilitation (estimate three (3) visits for "each" project) 4b. Down Payment/Closing Cost Assistance Program (estimate one (1) visit for "each" project) 4c. Commercial Projects (estimate two (2) visits for "each" project) _______ EXHIBIT A RFP 37-14 PERSONNEL SHEET Building Inspections, Reporting, and Construction Management Services Engineer, Project Manager & Building Code Adinistrator Lead Technician, EPA Lead Risk Assessor & XRF Equipment Asbestos Technician, Industrial Hygienist & Florida LAC Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Lead Technician, EPA Lead Risk Assessor & XRF Equipment Asbestos Technician, Industrial Hygienist & Florida LAC Engineer, Project Manager & Building Code Adinistrator Engineer, Project Manager & Building Code Adinistrator Revised January 2015 PROFESSIONAL SERVICES For engineering, environmental, and facilities professional services including site visits, engineering analysis, project management, project meetings, report preparation, consultations etc. Field Engineer/HUD Inspector/Asbestos & Lead Technician Florida State Certified Building Inspector per hour per hour $ 60.00 $ 75.00 Staff Engineer/Geologist/Scientist per hour $ 85.00 Project Engineer/Manager/Geologist/Scientist per hour $ 90.00 Building Code Official/Multi Disciplined Building Inspector per hour $ 95.00 Professional Engineer/PG/CIH/FLAC/EPA Lead Assessor per hour $ 115.00 Principal Engineer/Manager/Geologist/Scientist per hour $ 135.00 Clerical / Drafting Support per hour $ 45.00 Vehicle Trip Charge per mile $ 0.00 Asbestos 400 Point count Per sample $ 40.00 Lead Samples Per sample $ 15.00 Asbestos PCM Per sample $ 15.00 Notes:  Sub-Contractors, Laboratory analytical, PPE, copies & shipping charges, Supplies and Expenses shall be invoiced at cost plus 20%.  Overtime rates (1.5 times the regular rate) will be applied to hours worked outside normal 7:00 am to 5:00 pm business hours, Saturday, Sunday, and holidays.  All rates are portal to portal & personnel time expended will be invoiced in ½ hour increments. ENGINEERING, ENVIRONMENTAL AND FACILITIES SCHEDULE OF FEES Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1092 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve a Mutual Use Agreement with Tampa Bay Water, given in consideration of receipt of $10.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: Starkey Ranch is a new subdivision in Pasco County with the Phase I entrance road located on the north side of the intersection of State Road 54 (SR54) and Trinity Boulevard. The new road north of SR54 will be called Heart Pine Avenue. Clearwater Gas System (CGS) currently maintains a 6-inch gas main along the north side of SR54. In order to serve the new subdivision, CGS will tap its 6-inch main and run a new 4-inch gas line due north into the development. However to accomplish this task, the natural gas main running north will have to cross a Tampa Bay Water (TBW) pipeline easement. To cross this easement, CGS will have to enter into a Mutual Use Agreement (MUA) with TBW. This agreement will allow CGS to tie in the main running north with the existing main on SR54 and properly serve the new subdivision. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/18/2015 GM14-2064-048/162011/1 1 TBW Project: Cypress Creek 66” Transmission Main TBW Parcel No.: 4294.71C – Non-Exclusive Perm Pipeline Easement Section 28, Township 26 S, Range 17 East Pasco County, Florida Prepared by and return to: Tampa Bay Water Raymond T. Brigham PLS Senior Professional Land Surveyor 2575 Enterprise Road Clearwater, Florida 33763-1102 (Reserved for Clerk of Court) MUTUAL USE AGREEMENT THIS MUTUAL USE AGREEMENT entered into this _______ day of _____________, 2015, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY WATER," with its principal place of business located at 2575 Enterprise Road, Clearwater, Florida 33763-1102, and CLEARWATER GAS SYSTEM, referred to as “GAS” whose local address is 400 N. Myrtle Avenue, Clearwater, FL 33755 RECITALS: A.TAMPA BAY WATER owns and possesses a Non-Exclusive Permanent Pipeline Easement in and upon that certain real property more particularly described in the Deed as recorded in Official Records Book 9108 at Page 584 of the public records of Pasco County, Florida ("Tampa Bay Water Easement”). B.TAMPA BAY WATER operates, and maintains its Cypress Creek 66” Transmission Main Replacement and its appurtenances (“Tampa Bay Water Pipeline Facilities”) within the Tampa Bay Water Easement. C.GAS has acquired or will acquire the appropriate rights or interests from the fee simple owner of the property underlying GAS desires to use a portion of the Tampa Bay Water Easement in order to design, construct, inspect, operate, maintain, and repair a 4” gas main (“GAS Facility”) for the purpose of providing natural gas to its customers. D.GAS and TAMPA BAY WATER desire to enter into this agreement for the purpose of setting forth the terms and conditions under which GAS and TAMPA BAY WATER will mutually use a portion of the Tampa Bay Water Easement described in Exhibit “A” (the “Use Area”), attached hereto and incorporated herein. NOW THEREFORE, for and in consideration of the premises and the sum of Ten GM14-2064-048/162011/1 2 Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1.The above recitals are true and are incorporated herein by reference. 2.TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for the uses and purposes stated herein. 3.GAS acknowledges and agrees that TAMPA BAY WATER’s use of the Tampa Bay Water Easement for water transmission pipelines and related purposes will not constitute an interference with GAS’s use of the Use Area. 4.Within fifteen (15) days after this Agreement is executed by both parties, GAS will submit to TAMPA BAY WATER, a complete set of the most current construction plans for the GAS Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty-five (45) days to review and approve GAS’s construction plans, such approval not to be unreasonably withheld. Also during this 45-day period, TAMPA BAY WATER may make comments to GAS’s construction plans, by directing any such comments to GAS. GAS will use its best efforts to incorporate TAMPA BAY WATER’s comments into the construction plans. 5.GAS acknowledges and agrees that it is using the Use Area “as is” and that TAMPA BAY WATER will not be responsible for preparing, altering, or modifying the Use Area in any manner to accommodate GAS's use. 6.During construction of the GAS Facility, GAS agrees to the following: a.GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities, so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of the construction of GAS Facility. b.GAS will provide a minimum separation of 18-inches vertical below the bottom edge of the pipe crossing with GAS Facility and the Tampa Bay Water Pipeline Facilities. c.Any temporary roads used for construction traffic crossing the Tampa Bay Water Pipeline Facilities shall be built up a minimum of 3-feet above existing grade. 7.GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA BAY WATER's use of the Tampa Bay Water Easement, and that GAS’s use of the Use Area will not cause the impairment of the Tampa Bay Water Pipeline Facilities or other hazardous conditions to exist. GAS covenants that if it creates a hazardous condition or restricts, impairs, interferes with, or hinders the use of the Tampa Bay Water Easement by TAMPA BAY WATER, then, upon notification by TAMPA BAY WATER, GAS shall, within seventy-two (72) hours, at its cost and expense, correct such condition. TAMPA BAY WATER retains the right to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition GM14-2064-048/162011/1 3 if GAS fails to respond within the seventy-two (72) hour period following notice or if TAMPA BAY WATER determines that an emergency situation exists and requires immediate attention. GAS agrees to reimburse TAMPA BAY WATER for all reasonable, justified and substantiated costs and expenses incurred in connection with such action. 8.During the period in which any construction or site preparation for the GAS Facility is occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have maintained the following insurance coverage through either self-insurance, purchased insurance, or a combination thereof: a. Workers' Compensation insurance adequate under Florida law for all of GAS's employees working in or about the Tampa Bay Water Easement. GAS shall require all contractors or sub-contractors working in or about the Tampa Bay Water Easement to maintain Workers' Compensation insurance adequate under Florida law for all their employees. b. Automobile liability insurance in the minimum amount of $1,000,000.00 combined single limit, each accident, (bodily injury and property damage) insuring all owned, leased, hired and other non-owned vehicles. c. Comprehensive General Liability Insurance in the minimum amount of $1,000,000.00 combined single limit (bodily injury and property damage) covering premises operations liability, products and completed operations liability, personal injury coverage. d.Employer’s Liability Insurance in the following minimum amounts: $100,000 EACH ACCIDENT EACH EMPLOYEE $100,000 EACH DISEASE EACH EMPLOYEE $500,000 AGGREGATE BY DISEASE e. GAS shall furnish TAMPA BAY WATER with a letter of self-insurance signed by the City’s Risk Manager. Any and all subcontractors performing work for GAS will furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each policy required is in full force and effect. GAS and any and all subcontractors will give TAMPA BAY WATER thirty (30) days advance written notice by certified mail and that, before canceling or changing the coverage of the required coverages under this Agreement. The failure of TAMPA BAY WATER to request evidence of the coverage set forth above shall not be construed by GAS as a waiver of GAS’s obligation to provide the insurance coverage specified. The parties shall fully cooperate in making claims and furnishing information to the insured or the insurers and in obtaining settlements and payments from the insurer or insurers. GM14-2064-048/162011/1 4 Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER is named as the sole beneficiary. GAS and its contractors shall execute any and all documents required by TAMPA BAY WATER or its insurer that may be necessary for use in connection with the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on the Tampa Bay Water Easement that brings about a risk of bodily injury (including death) or property damage (including damage to or destruction of the property) that would be excluded from the coverage of the insurance that GAS is obligated to maintain. 9.After construction and after the GAS Facility is installed, GAS agrees to the following: a.GAS shall clearly and permanently mark the location of the GAS Facility in the Use Area and TAMPA BAY WATER shall clearly and permanently mark the location of the Tampa Bay Water Pipeline Facilities in the Use Area. b.Thereafter, should either party or its contractors negligently or intentionally damage the facilities of the other party, the injured party shall be reimbursed for all reasonable costs and expenses it incurs in connection with repairing any such damage. c.GAS shall be responsible and shall reimburse TAMPA BAY WATER for all reasonable costs and expenses it incurs in connection with additional construction costs due to the GAS Facility located within the Use Area. GAS shall reimburse TAMPA BAY WATER all said costs and expenses within 30 days. 10.To the extent permitted by Section 768.28, Florida Statutes and without waiving its sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and its officers, employees and agents harmless from and against any and all liabilities, claims, losses, negligent act, error, or omission by the GAS, its subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement. The GAS's obligation to indemnify TAMPA BAY WATER pursuant to this Section 10 is limited by the GAS's right to sovereign immunity, which right is expressly not waived by the GAS, and to the indemnification limitations provided in section 768.28, Florida Statutes. 11.Seven (7) days prior to commencement of construction, GAS or its contractor shall contact the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating with and advising TAMPA BAY WATER of GAS’s construction schedule. 12.The occurrence of one (1) or more of the following acts shall be deemed to constitute an event of default: GAS or TAMPA BAY WATER fail to perform and comply with any obligation, responsibility or liability imposed upon TAMPA BAY WATER or GAS by this Agreement and such failure continues for more than thirty (30) days after the non- defaulting party gives the defaulting party written notice thereof, or the defaulting party fails to commence all reasonable curative action within thirty (30) days after notice thereof and fails to diligently and continuously prosecute the curative GM14-2064-048/162011/1 5 action to completion; If a default occurs and the defaulting party fails to cure such default in accordance with this Agreement, the non-defaulting party may, without further notice immediately or at any time thereafter, correct the default, in which event the defaulting party shall immediately reimburse the non-defaulting party for any and all costs incurred by the non-defaulting party in curing the default. 13.GAS's interest in the Use Area shall not be subject to liens for improvements made by, to or upon the Use Area, and any such liability is expressly prohibited as contemplated by Section 713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or permitted to be done by either party, such party shall cause the same to be removed within one hundred twenty (120) days of recording, and shall hold the other party harmless from any adverse effect thereof. 14.All notices, communications, and consents required or permitted by this Agreement shall be in writing and delivered by hand or transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt and addressed to the attention of the following: If to GAS: Jorge Hernandez, PE Design & Permitting Coordinator 400 N. Myrtle Avenue Clearwater, FL 33755 With a copy to:City Attorney 112 S. Osceola Ave. Clearwater, FL 33756-5103 If to TAMPA BAY WATER: Mr. Matthew Jordan General Manager 2575 Enterprise Road, Clearwater, Florida 33763-1102 With a copy to:Mr. Ed Davis Infrastructure Manager 2575 Enterprise Road, Clearwater, Florida 33763-1102 With a copy to: Barrie S. Buenaventura General Counsel Pennington P.A. 2701 N. Rocky Point Drive, Suite 900 Tampa, FL 33607 GM14-2064-048/162011/1 6 15.This Agreement shall be binding upon the successors and assigns of the parties hereto (subject to the restriction governing assignment contained in the paragraph 16). 16.Neither party shall assign its rights under this Agreement without prior written approval of the other party. 17.This Agreement may only be amended in writing, duly executed by the authorized representatives of the parties hereto. 18.This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. 19.This Agreement represents the entire agreement between the parties hereto, with respect to the subject matter contained herein, and supersedes all prior negotiations, understandings, representations or agreements, either written or oral. 20.If any one or more of the provisions of this Agreement should be held contrary to law, public policy, or should for any reason whatsoever be held invalid or unenforceable by court of competent jurisdiction, then such provision or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement, which remaining provisions shall continue in full force and effect if the rights and the obligations of the parties contained herein are not materially prejudiced and the intentions of the parties continue to be effective. 21.Any term, condition, covenant or obligation which requires performance by either party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. 22.GAS agrees that at such time as the GAS Facility is removed from the Use Area, the rights granted herein shall be automatically extinguished. GAS agrees to execute whatever documents are necessary for the purpose of clearing title to the Tampa Bay Water Easement at issue in this Agreement. 23.The remedies set forth in this Agreement are cumulative and not in limitation of any remedies available at law or in equity. GM14-2064-048/162011/1 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date of execution written above. COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA ____________________________ _____________________________ George N. Cretekos, Mayor William B. Horne II, City Manager APPROVED AS TO FORM: ATTEST: ____________________________ _____________________________ Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me this _________ day of _________, 2015, By_________________________. That he/she is personally known to me or has produced _________________________ as identification and has/has not taken an oath. By: ______________________________ Notary Public My Commission Expires: ________________Print Name:_____________________ GM14-2064-048/162011/1 8 TAMPA BAY WATER, A Regional Water Supply Authority By: _________________________________By: _____________________________ Matthew Jordan, General Manager __________________________ Chairman Approved as to form: By: _____________________________ Barrie S. Buenaventura General Counsel STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me this _________ day of _________, 2015, By_________________________. That he/she is personally known to me or has produced _________________________ as identification and has/has not taken an oath. By: ______________________________ Notary Public My Commission Expires: ________________Print Name: _____________________ T:\Planning & Projects\Brigham\Clearwater Gas\TBW MUA to Clearwater Gas - Draft.docx GM14-2064-048/162011/1 9 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1095 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Approve annual blanket purchase orders (contracts) and two one-year renewal terms at the City’s option, per Invitation to Bid Number 06-14, in the total annual amount of $150,000 for Inspection and Plan Review Services, as required by the Planning and Development Department and authorize the appropriate officials to execute same. (consent) SUMMARY: The Planning and Development Department requests blanket purchase orders be issued to three responsive bidders: Quorum Services, of Tampa, FL; Universal Engineering Sciences of Orlando, FL; and PDCS, LLC, of Orlando, FL. Each vendor has unique specialties which may be required for various projects within the City. Staff requests the flexibility to allocate the annual amount of $150,000 as needed during the purchase order term of one year, as provided in the city’s Code of Ordinances, Section 2.561. Vendors are selected on an as needed basis by specialty and their availability. Availability includes having the appropriate licensed individual to perform the required work needed on any given day. All staffing must possess the appropriate State of Florida Department of Business and Professional Regulation (DBPR) license. City staff managing the daily inspection requests and plan review needs will contact the companies listed to find an available licensed professional. The Department would like the ability to support customer service needs for plan reviews and/or inspections based on customer demands if they exceed the level of service the Department can provide. There are fluctuations in daily requests for inspections and plan reviews. Inspections are promised the next business day and plan reviews have all been expedited in the past few years to accommodate the Business Task Force recommendations. To keep these city goals it is sometimes necessary to fluctuate staffing levels to keep business timely, which requires the utilization of outside contractors who have state licensed personnel. Funding is from approved line item in 2015 budget. APPROPRIATION CODE AND AMOUNT: 0-010-01430-530300-524000-0000 (Other Contractual) $150,000 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/18/2015 File Number: ID#15-1095 Page 2 City of Clearwater Printed on 3/18/2015 CITY OF CLEARWATERBID 06-14 - INSPECTIONS AND PLAN REVIEW SERVICES BID OPENED: 11/18/2013 - 11:00 AM BID TABULATION UNIVERSAL ENGINEERING QUORUM SERVICES PDCS, LLC.BUREAU VERITAS N.A. TAMPA, FLORIDA TAMPA, FLORIDA ORLANDO, FLORIDA FORT MYERS, FLORIDA ITEM DESCRIPTION QUANTITY UNIT COST UNIT COST UNIT COST UNIT COST 1 INSPECTION SERVICES 1 LOT 60.00$ 70.00$ 45.00$ 75.00$ (COST PER INSPECTION)(PER HOUR)MINIMUM 2 PLAN REVIEW SERVICES 1 LOT 70.00$ 70.00$ 75.00$ 85.00$ (COST PER HOUR)(PER HOUR)MINIMUM DELIVERY TIME: AS NEEDED AS NEEDED AS NEEDED AS NEEDED PAYMENT TERMS:NET 30 NET 30 NET 30 NET 30 NOVA ENGINEERING TAMPA, FLORIDA ITEM DESCRIPTION QUANTITY UNIT COST 1 INSPECTION SERVICES 1 LOT 130.00$ (COST PER INSPECTION) 2 PLAN REVIEW SERVICES 1 LOT 62.00$ (COST PER HOUR) DELIVERY TIME:AS NEEDED PAYMENT TERMS:NET 30 SUMMARY OF BID 06-14: BIDS SOLICITED 7 BIDS RECEIVED 5 ADVERTISED: TAMPA BAY TIMES 11/1/2013 NO BID RESPONSE 0 NO BID 2 myclearwater.com 10/30/2013 - 11/18/2013 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1096 Agenda Date: 3/19/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) for $137,249.00 to Duval Ford Fleet Sales of Jacksonville, FL for the purchase of five 2015 Ford Transits for Engineering, Fire, Public Utilities and Solid Waste Department’s Replacement Vehicles, in accordance with the Florida Sheriff’s Association Contracts 14-22-0904 and 14-12-0904 (1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The five Ford Transits will be purchased through the Florida Sheriff’s Association Contracts 14-22-0904 and 14-12-0904 on quotes dated February 10, 2015, February 25, 2015 and March 2, 2015. G3505 was scheduled for replacement during Fiscal Year 15/16; however due to costly engine repairs needed now, an off cycle replacement was approved on February 4, 2015 by the Resource Management Committee. The vehicles, which are assigned to the Engineering, Fire, Public Utilities and Solid Waste departments, will replace: G1544 1995 GMC WALK IN VAN with 63,098 miles G2136 1999 DODGE RAM 1500 CARGO VAN with 41,806 miles G2321 2004 2000 CHEVROLET EXPRESS CARGO VAN with 62,965 miles G2445 2001 GMC SAVANA CARGO VAN with 68,498 miles G3505 2007 FREIGHTLINER 2500 SPRINTER CARGO VAN with 101,463 miles G1544, G2136, G2321, and G2445 were included in the Fiscal Year 2014/2015 Garage CIP Replacement Fund. G3505 was scheduled for 15/16 Replacement. APPROPRIATION CODE AND AMOUNT: 316-94241-564100-519 $137,249.00 Page 1 City of Clearwater Printed on 3/18/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: HIS2014-12003 Agenda Date: 3/19/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the historic designation of the Old Pinellas County Courthouse located at 324 South Fort Harrison Avenue; and pass Ordinance 8680-15 on first reading. (HIS2014-12003) SUMMARY: This historic designation application involves the Old Pinellas County Courthouse located on the southwest corner of Court Street and South Fort Harrison Avenue . This includes the original 1917 building as well as the 1924 and 1926 additions. It is an excellent example of Neoclassical Revival Style architecture designed by Francis J. Kennard, a well known pioneer architect from Tampa, who also designed the Belleview Biltmore Hotel in Belleair. The Old Pinellas County Courthouse is one of downtown Clearwater’s major landmarks and one of the few properties listed on the National Register of Historic Places within the City. The historic designation of this property will protect Pinellas County’s center for government, as well as one of its most important civic buildings . Designating the Old Pinellas County Courthouse locally will ensure that any future improvements will maintain the historic integrity of the building because the owner is required to request a certificate of appropriateness in order to materially alter the building, erect a new building on the property or demolish or relocate the building. The Planning and Development Department determined that the proposed historic designation of the Old Pinellas County Courthouse is consistent with three of the four criteria for evaluating historic properties specified in the Community Development Code (Section 4-407.F.2.a-c): ·The property is associated with events that made a significant contribution to the board pattern of the City. ·The property is associated with the lives of persons significant in history. ·The property possesses distinctive characteristics of a type, period or method of construction. Pursuant to Community Development Code Section 4-607.F.3., historic properties shall be classified as exceptional, excellent, notable or of value as part of the scene, depending on the number of designation criteria met. Properties that satisfy three of Page 1 City of Clearwater Printed on 3/18/2015 File Number: HIS2014-12003 the four criteria are classified as excellent. As previously stated, the, the Old Pinellas County Courthouse meets three of these criteria and therefore should be classified as excellent. The Community Development Board reviewed this application at its public hearing on February 17, 2015 and unanimously recommended approval. Page 2 City of Clearwater Printed on 3/18/2015 Ordinance No. 8680-15 ORDINANCE NO. 8680-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS OF HISTORICAL SIGNIFICANCE; DESIGNATING PROPERTY LOCATED AT 324 SOUTH FORT HARRISON AVENUE, THE OLD PINELLAS COUNTY COURTHOUSE, AS A HISTORIC PROPERTY UNDER COMMUNITY DEVELOPMENT CODE SECTION 4-607; PROVIDING FOR CLASSIFICATION OF THE DESIGNATION; PROVIDING FOR NOTICE OF THE DESIGNATION AND RECOGNITION OF THE DESIGNATED PROPERTY BY SIGN OR MARKER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4-607 of the City of Clearwater Community Development Code provides a procedure for historic designation of properties and districts within the City of Clearwater; and WHEREAS, the objectives of such designation are to protect, enhance and preserve those historic properties and districts which represent or reflect the City’s cultural, social, economic, political and architectural history, and to preserve and enhance property values, stabilize neighborhoods and other areas of the City, increase economic benefits to the City and its inhabitants, continue the redevelopment of the original center of the City, and promote and enrich the City’s educational and cultural environment; and WHEREAS, historic properties may include but are not limited to Indian habitations, ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic historical, architectural, or archaeological value relating to the history, government and culture of the City; and WHEREAS, Section 4-607 provides for a procedure of application, review by City staff, recommendation by the Community Development Board and consideration by the City Council after public hearing; and WHEREAS, an application has been submitted and processed for the property located at 324 South Fort Harrison Avenue, known as the Old Pinellas County Courthouse, within the City of Clearwater; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council makes the following findings: The property located at 324 South Fort Harrison Avenue, known as the Old Pinellas County Courthouse, and further described as: Ordinance No. 8680-15 2 TURNER'S, A.C. SUB ALL OF BLK'S 7 & 8 & VAC R/W'S & ALLEYS LESS RD R/W'S & MARKLEY'S ADD, LOTS 1-4 & LOTS 11-14 & VAC ALLEYS & R/W'S LESS RD R/W'S & LESS ADD'L R/W PER O.R. 11943 PG 2192; Also known as a portion of Parcel No. 16-29-15-92574-007-0010 The Application [HIS2014-12003] satisfies the first three of the following criteria: 1. The property/district is associated with events that have made a significant contribution to the broad pattern of City, State, or national history; 2. The property/district is associated with the lives of persons significant in history; 3. The property/district possesses distinctive characteristics of a type, period or method of construction, or the representation of the work of a master, or the possession of artistic values; 4. The property/district has yielded or may be likely to yield information important in prehistory or history. Section 2. Based upon the above findings, the property located at 324 South Fort Harrison Avenue, known as the Old Pinellas County Courthouse, within the City of Clearwater is hereby designated as a historic property in the excellent classification. The owner shall be given written notice of the designation by the City Clerk, and a suitable sign or marker indicating the historic designation shall be erected on or near the property. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Community Development Board – February 17, 2015 HIS2014-12003- Page 1 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: February 17, 2015 AGENDA ITEM: F.3. CASE: HIS2014-12003 REQUEST: Historic designation of the Old Pinellas County Courthouse, including the original 1917 structure as well as the 1924 and 1926 additions. GENERAL DATA: Agent……………………………… Mark S. Woodard, Pinellas County Administrator Applicant / Owner..................... Pinellas County, Florida Location …………………………. Property Size……....................... 324 South Fort Harrison Avenue, located on the southwest corner of the intersection of Court Street and South Fort Harrison Avenue 1.137 acres Future Land Use Plan .............. Zoning …………………………… Existing Surrounding Uses …… Current Use …………….. Proposed Use …………… Central Business District (CBD) Downtown (D) North: Pinellas County Offices South: Pinellas County Jail; Parking Lot East: Restaurant; Commercial Use West: Pinellas County Courthouse Courthouse Courthouse Community Development Board – February 17, 2015 HIS2014-12003- Page 2 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION ANALYSIS: Background This historic designation application involves the Old Pinellas County Courthouse located on the southwest corner of Court Street and South Fort Harrison Avenue. This includes the original 1917 building as well as the 1924 and 1926 additions. It is an excellent example of Neoclassical Revival Style architecture designed by Francis J. Kennard, a well known pioneer architect from Tampa, who also designed the Belleview Biltmore Hotel in Belleair. Construction on the original courthouse building began in 1917 and was completed in 1918. The original Kennard design included a 150-foot long neoclassical style façade and an entrance portico constructed of Indiana limestone. Its 14,000 square feet of space housed county records, business offices and commissioners’ offices on the first floor, with judges’ offices, jury and grand jury rooms on the second. Shortly after its completion the county needed additional space, and in 1924, Kennard designed a two-story addition to the west side of the courthouse, and in 1926 an additional two- story and basement wing was added, extending from the northwest corner of the original building. Many buildings in Pinellas County have undergone restoration, but the Old Courthouse is unique in that it was restored to its original function as well as its original design. It is a functioning courthouse, rather than a museum or public display. The Old Pinellas County Courthouse is one of the few properties listed on the National Register of Historic Places within the City of Clearwater. It was listed in 1992 due to its association with the political history of Pinellas County and because of its period architecture. Standards for Historic Designation Community Development Code Section 4-607.F. addresses the standards for historic designation, including criteria for evaluating proposed historic properties and classification levels related to how many of the criteria are satisfied. The following section discusses the consistency of the proposed historic designation with the standards as per Section 4-603.F. Consistency with Criteria for Evaluating Proposed Historic Properties Recommended Findings of Fact: Applicable criteria for evaluating the historic designation of the Old Pinellas County Courthouse are as follows:  Whether the property is associated with events that have made a significant contribution to the broad pattern of city, state or national history [CDC Section 4-607.F.2.a]. The land mass that is now known as Pinellas County was originally a part of Hillsborough County. As the Pinellas peninsula grew in population in the early 20th Century, many Pinellas residents began to feel that their cities were being left out of the Hillsborough decision- making process. Travel between the western land area and Tampa was extremely difficult. Community Development Board – February 17, 2015 HIS2014-12003- Page 3 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Even though the automobile had been introduced in Pinellas during the first decade of the 20th Century, the roads between Pinellas and Tampa were virtually nonexistent. Pinellas residents felt that Pinellas was not receiving its fair share of local tax dollars for roads, bridges and schools. William L. Struab, editor of the St. Petersburg Times, proposed a “Pinellas Declaration of Independence” in 1907, and began to crusade for separation from Hillsborough County by using articles and cartoons. The Florida legislature approved the proposal to separate from Hillsborough County in 1911 and on January 1, 1912, Pinellas County became the 48th county of Florida. Pinellas County needed a courthouse but the location became an issue. Straub had promised to locate the courthouse in Clearwater and give the city three of the five county commission seats during the struggle for independence. However, power brokers in St. Petersburg challenged the plan as they advocated for a general election in Pinellas County to determine where the county seat should be located. St. Petersburg officials donated land that could be used for the courthouse and Clearwater officials followed by donating land as well. County Commissioners quickly voted to construct a two-story frame courthouse in Clearwater that would serve as the county seat in May of 1912, which settled the location issue. It took 26 days to construct the building using volunteer citizen labor and it cost $3,750. Pinellas County soon outgrew its first wooden courthouse, and in 1917 construction began on a new courthouse and jail on the west side of Fort Harrison Avenue (now the Old Pinellas County Courthouse). Construction for the first expansion began in 1924 and a second expansion began in 1926. The Old Pinellas County Courthouse was the first permanent building erected as the seat of county government in Pinellas County.  Whether the property is associated with the lives of persons significant in history [CDC Section 4-607.F.2.b]. The architect for the original courtroom as well as both additions was Francis J. Kennard of Tampa. He was known as a pioneer architect at the time. Kennard designed the Belleview Biltmore in Belleair, the Lee County Courthouse and Hillsborough High School.  Whether the property possesses distinctive characteristics of a type, period or method of construction or the representation of the work of a master, or the possession of artistic values [CDC Section 4-607.F.2.c]. The Old Pinellas County Courthouse incorporates many distinctive features associated with the Neoclassical Revival Style, which includes colossal columns and pilasters with Greek capitals, a flat roof with parapet decorated with Roman fasces and a Greek anthemion. The major entrances display fairly elaborate surrounds with typical double hung sash. Kennard expertly integrated the use of the same materials and neoclassical motifs and designs used in the original building into the 1924 and 1926 additions. The plan of the 1917 building and its Neoclassical Revival Style are both typical of similar courthouses built during the early 20th century throughout Florida. The building materials, structural systems and construction techniques are also typical of similar contemporary buildings in the region. Kennard modified some of the standard features of Neoclassical Revival buildings to create a building Community Development Board – February 17, 2015 HIS2014-12003- Page 4 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION which was particularly suitable for the Pinellas County Courthouse. The main façade has a classical temple portico, commonly found on American governmental buildings, but Kennard modified it by omitting the pediment and replacing it with a paneled, high parapet wall. The temple façade formula is further altered by turning it into a recessed porch with columns set in-antis, rather than the typical fashion of a projecting portion. Old Pinellas County Courthouse Photos Old postcard rendering of courthouse Current photo of courthouse Source: Buell & Elligett, P.A. Community Development Board – February 17, 2015 HIS2014-12003- Page 5 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Kennard faced the challenge of creating an appearance of monumentality on a small building. He achieved this illusion by creating a long, narrow rectangular plan (150’ x 50’) with a projecting central block and by raising the main floor 6’ above grade. To achieve greater height, he added a parapet about 10’ high above the entablature of the central block; this made the central section of the building 55’ high. With a main façade 150’ long that rises to the height of a five-story building, the little two-story courthouse with 14,000 square feet of interior space appeared monumental to passers-by. The 1917 courthouse gave the county commissioners an impressive symbol of their power, but did not give them much space. The placement of the 1917 building on its site and the plainness of the rear façade indicate that Kennard planned for major additions to be made to the courthouse. His design for the small 1924 wing incorporated the same building materials, fenestration and use of pilasters to blend in with the 1917 building. The 1924 addition filled the most convenient site for enlargements by covering the rear (west) wall of the 1917 building. The 1926 addition, therefore, presented an awkward design problem. This wing, almost the size of the original courthouse, had to fill the remaining space on the site, but not destroy the symmetrical design and massing of the original structure. Kennard’s solution was to design a street (north) elevation for the new wing that echoed the massing, bays and design of the central block of the main façade of the 1917 building. The style was reused on the new north elevation with pilasters substituting for the columns of the main (east) façade. The granite-faced basement level and entablature surmounted with a high parapet wall with panels on the main façade were duplicated on the 1926 façade, thus unifying the two sections. The courtrooms of the 1926 wing also echoed the 1917 in its design scheme of paired pilasters supporting a full entablature and a coffered ceiling creating by intersecting paired beams.  Whether the property yielded or may be likely to yield information important in prehistory or history. [CDC Section 4-607.F.2.d]. There is no evidence that the Old Pinellas County Courthouse yields information important in prehistory or history. Recommended Conclusions of Law: The Old Pinellas County Courthouse is eligible for historic designation as the property is associated with events that have made a significant contribution to the broad patterns of Clearwater history, is associated with the lives of persons significant in Clearwater’s history and possesses distinctive characteristics of a type, period and method of construction. Classification of Property Recommended Findings of Fact: Community Development Code Section 4-607.F.3 specifies that historic properties shall be classified as exceptional, excellent, notable or of value as part of the scene depending on the number of designation criteria met. Based on the findings of fact and conclusions of law made Community Development Board – February 17, 2015 HIS2014-12003- Page 6 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION above, the Old Pinellas County Courthouse currently meets three out of the four designation criteria including: association with events that have made a significant contribution to the broad patterns of history; association with the lives of persons significant in history and association with distinctive characteristics of a type, period or method of construction. Recommended Conclusions of Law: The Old Pinellas County Courthouse is considered “excellent” as it meets the criteria established in Community Development Code Section 4-607.a., b. and c. IMPACT OF PROPOSED HISTORIC DESGINATION The historic designation of the Old Pinellas County Courthouse will afford local protection for the building which was listed on the National Register of Historic Places in 1992. The courthouse has undergone extensive internal and external renovations (completed in 1997) in order to repair and modernize the building. Modern climate control, fire sprinkler and smoke detection devices were all added unobtrusively to blend in with the original architecture of the building. All of the courthouse windows were restored, rebuilt or replaced, and all elements of the restored windows are comparable to the original windows. The Old Courthouse is unique in that it was restored to its original function as well as its original design. The Courthouse is one of downtown Clearwater’s major landmarks and one of its few properties listed on the National Register of Historic Places. The historic designation of this property will protect Pinellas County’s center for government, as well as one of its most important civic buildings. Designating the Old Pinellas County Courthouse locally will ensure that any future improvements will maintain the historic integrity of the building because the owner is required to request a certificate of appropriateness in order to materially alter the building, erect a new building on the property or demolish or relocate the building. A certificate of appropriateness may be required whether or not a building or demolition permit is required. It is not required for ordinary building maintenance. Several city plans contain policies related to the preservation and designation of structures within the city, which can create a sense of place and time and maintain character that makes a city unique. Clearwater Comprehensive Plan Applicable Objectives and Policies from the Future Land Use Element of the Clearwater Comprehensive Plan in support of the historic designation of the Old Pinellas County Courthouse are as follows: Policy A.5.5.2 - Preserve the unique qualities of Clearwater and its cultural heritage as exemplified by historic buildings, landmarks, landscapes, streetscapes, lighting, and building design. Objective A.6.3 - The City shall encourage the implementation of historic overlay districts, the maintenance of existing historic properties, and the preservation of existing Community Development Board – February 17, 2015 HIS2014-12003- Page 7 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION neighborhoods through the use of design guidelines and the implementation of the City’s Community Development Code. Policy A.6.3.1 - The City Council shall consider designating historic properties and districts within the City of Clearwater; designations shall be consistent with the standards for designation found in the City’s Community Development Code. Procedures identified in the Community Development Code should be amended to permit the City, in addition to property owners, to initiate such designation. Policy A.6.3.2 - Any changes to approved historic structures shall be approved by the Community Development Board in accordance with the procedures and requirements found in the Community Development Code. Downtown Clearwater Redevelopment Plan The Introduction of the Downtown Clearwater Redevelopment Plan identifies the purpose of the plan and states several reasons why projects like the designation of the Old Pinellas County Courthouse are important to the city: There are several good reasons that downtown revitalization is important to all Clearwater citizens. First, every city should have a unique place that fosters community interaction and fun. Downtown should and can be that place for Clearwater residents and tourists alike. Second, Downtown Clearwater is a reflection of how our forefathers lived, worked and shopped. Clearwater’s past can be seen in its historic buildings in and around Downtown and historic Coachman Park. We cannot envision and plan for the future unless we are mindful of our past learning from our successes and failures. The proposed historic designation of the Old Pinellas County Courthouse furthers the following policies of the Downtown Clearwater Redevelopment Plan: Policy 4: Renovation, rehabilitation and reuse of historic resources are encouraged. Flexibility through the site plan review process should be utilized so that historic resources may be retained and reused. Policy 5: The City shall pursue various strategies, incentives and planning tools that will assist in the preservation of historic resources. The historic designation of this building requires any building improvements to be consistent with the design guidelines established in the Downtown Clearwater Redevelopment Plan for the rehabilitation of historic structures. While a major historic renovation was completed in 1997, the historic designation will provide greater protection as it will require improvements to be in compliance with the Secretary of the Interior’s Standards for Rehabilitation. Community Development Board – February 17, 2015 HIS2014-12003- Page 8 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION SUMMARY AND RECOMMENDATION: The historic designation of the Old Pinellas County Courthouse was requested by Pinellas County. The building was designed by Francis J. Kennard, a Tampa architect, and remains an excellent example of the Neoclassical Revival style in downtown, as reflected by its listing on the National Register of Historic places in 1992. Policies within the Clearwater Comprehensive Plan and the Downtown Clearwater Redevelopment Plan emphasize the importance of designating and preserving historic buildings and the historic designation of the Old Pinellas County Courthouse will satisfy several policies and objectives listed within both plans. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the historic designation of the Old Pinellas County Courthouse with the classification of excellent. Prepared by Planning and Development Department Staff: Katie See Planner III ATTACHMENTS: Photographs of Site and Vicinity Resume S:\Planning Department\C D B\Historic Designation\S Ft Harrison 324 (D) HIS2014-12003\Maps\HIS2014-12003 Location Map.docx LOCATION MAP Owner(s): Pinellas County, FL Case: HIS2014-12003 Site: 324 S. Ft. Harrison Avenue Property Size(Acres): 1.137 PIN: 16-29-15-92574-007-0010 Atlas Page: 286B ^ PROJECT SITE PIERCE ST TURNER ST COURT ST OAK AVE BAY AVE CHESTNUT ST S FORT HARRISON AVE PARK ST ROGERS ST FRANKLIN ST PALM AVE MEMORI AL CSWY S OSCEOLA AVE ORANGE AVE S GARDEN AVE LIME ST INDIANA AVE ROGERS ST S GARDEN AVE -Not to Scale--Not a Survey-Rev. XX/XX/XX S:\Planning Department\C D B\Historic Designation\S Ft Harrison 324 (D) HIS2014-12003\Maps\HIS2014-12003 Aerial Map.docx AERIAL MAP Owner(s): Pinellas County, FL Case: HIS2014-12003 Site: 324 S. Ft. Harrison Avenue Property Size(Acres): 1.137 PIN: 16-29-15-92574-007-0010 Atlas Page: 286B COURT ST COURT ST CHESTNUT ST CHESTNUT ST OAK AVE OAK AVE BAY AVE BAY AVE S FORT HARRISON AVE S FORT HARRISON AVE S GARDEN AVE S GARDEN AVE PALM AVE PALM AVE ROGERS ST ROGERS ST FRANKLIN ST FRANKLIN ST S OSCEOLA AVE S OSCEOLA AVE MARKLEY ST MARKLEY ST ROGERS ST ROGERS ST -Not to Scale--Not a Survey-Rev. 12/22/14 S:\Planning Department\C D B\Historic Designation\S Ft Harrison 324 (D) HIS2014-12003\Maps\HIS2014-12003 Zoning Map.docx ZONING MAP Owner(s): Pinellas County, FL Case: HIS2014-12003 Site: 324 S. Ft. Harrison Avenue Property Size(Acres): 1.137 PIN: 16-29-15-92574-007-0010 Atlas Page: 286B COURT ST CHESTNUT ST OAK AVE BAY AVE S FORT HARRISON AVE S GARDEN AVE PALM AVE ROGERS ST FRANKLIN ST S OSCEOLA AVE MARKLEY ST ROGERS ST D I C O O 525 441514 512333303 520 534 531204 210 300 400 420315300 210 201501 475432 420 424 450 528 535600413 425 421 417 411 601530532 526 536534 501 523521400 300 310523415 351 316 319 517305 312 311 301 308 305 527440500401 307 295Traf299Traf435redLt529(A-4) 517(A-2) 511(A-1) 523(A-3) 535(A-5) 541(A-6) 324 510 540 530 521 525523½350Elec ec -Not to Scale--Not a Survey-Rev. 12/22/14 D D D D View looking west at the subject property, 324 S. Fort Harrison Avenue North of the subject property South of the subject property Across the street, to the east of the subject property HIS2014-12003 Pinellas County 324 S. Fort Harrison Avenue View looking northerly along S. Fort Harrison Avenue View looking southerly along S. Fort Harrison Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-01001 Agenda Date: 3/19/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1490 Grove Circle Court; and pass Ordinances 8683-15, 8684-15 and 8685-15 on first reading. (ANX2015-01001) SUMMARY: This voluntary annexation petition involves a 0.233-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Grove Circle Court, approximately 165 feet from Highland Avenue. The applicant is requesting annexation in order to receive solid waste service from the City and will connect to City sewer when it is available in the future, as part of the City’s Grove Circle Sanitary Sewer System Extension Project. The property is contiguous to existing City limits to the north and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the sewer impact fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Page 1 City of Clearwater Printed on 3/18/2015 File Number: ANX2015-01001 Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/18/2015 Ordinance No. 8683-15 ORDINANCE NO. 8683-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 165 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1490 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755, 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 2, GROVE CIRCLE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 43, Page 29 of the Public Records of Pinellas County, Florida (ANX2015-01001) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8683-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR 1460146614721484149114851479147314671 45 2 1615 1700 1606 16041607 1608 151915071513151215061711 150715131721 1506151815121731 150715131740 1722 14611706 1718 1488148014841474145914711465144714531466145014551745 146014541623 1629 1611 1617 14871627 1720(Sig 147814901705 1518151915191741 1625 16211619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 Ordinance No. 8684-15 ORDINANCE NO. 8684-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 165 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1490 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 2, GROVE CIRCLE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 43, Page 29 of the Public Records of Pinellas County, Florida Residential Low (RL) (ANX2015-01001) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8683-15. Ordinance No. 8684-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A FUTURE LAND USE MAP Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR I RL I RU CG RU RU RU RU RU RU 14601466147214841491148514791473146714 52 1615 1700 1606 1604 1608 15191513151215061711 150715131721 1506151815121731 150715131740 14611706 1718 14881480148414741459147114471453146614551745 146014541629 1611 1625 1617 1487147814901607 15071705 1518151915191741 1722 146514501623 1627 1621 1720(Sig 1619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 Ordinance No. 8685-15 ORDINANCE NO. 8685 -15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 165 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1490 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755, 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: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8683-15. Property Zoning District Lot 2, GROVE CIRCLE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 43, Page 29 of the Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2015-01001) Ordinance No. 8685-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ZONING MAP Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR I LMDR C I LMDR 1460146614721484149114851479147314671615 1700 1606 16041607 1608 151915071513151215061711 150715131721 1506151815121731 150715131740 1722 14611706 1718 1488148014841474145914711465144714531466145014551745 146014541623 1629 1611 1617 14871627 1720(Sig 147814901 45 2 1705 1518151915191741 1625 16211619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1490 ANX2015-01001\Maps\Location ANX2015-01001.docx LOCATION MAP Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR ^GROVE CIRCLE CT EAST DR LONG ST LEVERN ST OTTEN ST SANDY LN LOGAN ST HIBISCUS ST FAIRMONT ST MARY L RD LOMBARDY DR TERRACE RD PINELAND DR GENTRY ST JOEL LN ADMIRAL WOODSON LN CROWN ST CEDAR ST ENGMAN ST LYNN AVE SCOTT ST RIDGE AVE LIN WOOD D R JADE AVE SUNSET POINT RD SPRING LN N HIGHLAND AVE WOODBINE ST OVERLEA ST WEST DR SANDY LN BETTY LN KINGS HWY SANDY LN -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1490 ANX2015-01001\Maps\Aerial ANX2015- 01001.docx AERIAL PHOTOGRAPH Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR N HIGHLAND AVE N HIGHLAND AVE FAIRMONT ST FAIRMONT ST GROVE CIRCLE CT GROVE CIRCLE CT LINWOOD DR LINWOOD DR ROSEMONT DR ROSEMONT DR -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1490 ANX2015-01001\Maps\Proposed ANX2015-01001.docx PROPOSED ANNEXATION Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR 1460146614721484149114851479147314671 45 2 1615 1700 1606 16041607 1608 151915071513151215061711 150715131721 1506151815121731 150715131740 1722 14611706 1718 1488148014841474145914711465144714531466145014551745 146014541623 1629 1611 1617 14871627 1720(Sig 147814901705 1518151915191741 1625 16211619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1490 ANX2015-01001\Maps\FLU ANX2015- 01001.docx FUTURE LAND USE MAP Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR I RL I RU CG RU RU RU RU RU RU 14601466147214841491148514791473146714 52 1615 1700 1606 1604 1608 15191513151215061711 150715131721 1506151815121731 150715131740 14611706 1718 14881480148414741459147114471453146614551745 146014541629 1611 1625 1617 1487147814901607 15071705 1518151915191741 1722 146514501623 1627 1621 1720(Sig 1619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1490 ANX2015-01001\Maps\Zoning ANX2015- 01001.docx ZONING MAP Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR I LMDR C I LMDR 1460146614721484149114851479147314671615 1700 1606 16041607 1608 151915071513151215061711 150715131721 1506151815121731 150715131740 1722 14611706 1718 1488148014841474145914711465144714531466145014551745 146014541623 1629 1611 1617 14871627 1720(Sig 147814901 45 2 1705 1518151915191741 1625 16211619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1490 ANX2015-01001\Maps\Existing ANX2015- 01001.docx EXISTING SURROUNDING USES MAP Owner(s): Andrew S. Waterman, III Case: ANX2015-01001 Site: 1490 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 n/a Land Use Zoning PIN: 02-29-15-33750-000-0020 From : RL R-3 Atlas Page: 261A To: RL LMDR 60606060 83 83 30 33750 3 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 8 1 3 5 7 1 3 5 7 2 4 6 833/04 33/06 33/05 2.41 2.5 6060 80B C 123456789 123456 15 16 17 18 19 20 1 225 26 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN GROVE CIRCLE CT LINWOOD DR ROSEMONT DR 1460146614721484149114851479147314671 45 2 1615 1700 1606 16041607 1608 151915071513151215061711 150715131721 1506151815121731 150715131740 1722 14611706 1718 1488148014841474145914711465144714531466145014551745 146014541623 1629 1611 1617 14871627 1720(Sig 147814901705 1518151915191741 1625 16211619Laun -Not to Scale--Not a Survey-Rev. 1/12/15 Single Family Residential Single Family Residential Place of Worship Place of Worship Single Family Residential View looking north at the subject property, 1490 Grove Circle Court West of the subject property East of the subject property Across the street, to the south of the subject property ANX2015-01001 Mavis Waterman 1490 Grove Circle Court View looking westerly along Grove Circle Court View looking easterly along Grove Circle Court Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-01002 Agenda Date: 3/19/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1224 Palm Street and 2077 The Mall; and pass Ordinances 8686-15, 8687-15 and 8688-15 on first reading. (ANX2015-01002) SUMMARY: These voluntary annexation petitions involve two parcels of land totaling 0.237 acres. One parcel is occupied by a single-family dwelling and one is occupied by an attached dwelling (duplex). The two lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service, and will connect to City sewer as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to existing City limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants have paid the required impact fee in full. 2077 The Mall is already connected to City sewer system and 1224 Palm Street will be connected by the contractor soon. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 3/18/2015 File Number: ANX2015-01002 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject property located at 1224 Palm Street is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District’s minimum dimensional requirements. The property located at 2077 The Mall is an existing duplex, and although the use is allowed within the Low Medium Density Residential (LMDR) District, the property exceeds the number of units allowed on the parcel based on the underlying Residential Urban (RU) Future Land Use designation. The requirements of Article 6, Nonconformity Provisions of the Community Development Code will apply to this property once annexed into the City. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/18/2015 Ordinance No. 8686-15 ORDINANCE NO. 8686-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576), AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1224 PALM STREET AND 2077 THE MALL, ALL IN CLEARWATER, FLORIDA 33755, 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 owners of the real properties described herein and depicted on the maps attached hereto as Exhibits B and C have 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions (ANX2015-01002) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8686-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐01002 Parcel 1: Lot 32, Block A, CLEARDUN, according to plat thereof as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 03-29-15-15840-001-0320 Parcel 2: Lot 10, Block C, BROOKLAWN, as per plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 03-29-15-12060-003-0100 Exhibit B PROPOSED ANNEXATION (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 PALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE 1227123512451253125512592038 2040 2052 2048 2058 2029 2031 2 0 2 4 2066 2070 2074 2030 2024 2022 2020 2080 125912651261125712451243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2021 2022 1263120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 Exhibit C PROPOSED ANNEXATION (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 LANTANA AVE THE MALL ARBELIA ST IDLEWILD DR EVERGREEN AVE U POINSETTA AVE UNION ST 134513412081 133720641330 133313252048 2044 20661311 13552031 13311321132513172050 2058 2088 2040 2080 2084 13222077 2063 2049 2057 2080 2084 2071 2075 2079 20711349 2000 2049 2053 2067 2060 2070 20721309 2047 2048 13102028 13172060 2056 2035 2039 2075 2068A 2080B 2080A 206 2076 2077 1353200 2052 2043 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 Ordinance No. 8687-15 ORDINANCE NO. 8687-15 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 PROPERTIES SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576), AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1224 PALM STREET AND 2077 THE MALL, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Urban (RU) (ANX2015-01002) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8686-15. Ordinance No. 8687-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐01002 Parcel 1: Lot 32, Block A, CLEARDUN, according to plat thereof as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 03-29-15-15840-001-0320 Parcel 2: Lot 10, Block C, BROOKLAWN, as per plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 03-29-15-12060-003-0100 Exhibit B FUTURE LAND USE MAP (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 PALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE RU RU RU RURU RU RU RU RU 1227123512451253125512592038 2040 2052 2048 2058 2031 2 0 2 4 2066 2024 2022 2020 2080 12591265126112571243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2029 2021 2022 2070 2074 2030 12631245120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 Exhibit C FUTURE LAND USE MAP (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 THE MALL POINSETTA AVE ARBELIA ST EVERGREEN AVE IDLEWILD DR UUNION ST LANTANA AVE RU RM RU RU RURU RM RU RU RU RU RURU RU RU RM RM RH RU RU RU RMRU RH RM WATER RU RM 1345134120641330 2048 2044 20661311 13552031 13311321132513172050 2058 2040 2080 2084 13222063 2049 2057 20802071 2075 20711349 2067 2060 2070 20721309 2048 13102028 2060 2056 2035 2039 2068A 2081 133713331325206 208820772076 2084 2077 2079 13532000 2049 2053 200 2047 2052 13172043 2075 2080B 2080A 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 Ordinance No. 8688-15 ORDINANCE NO. 8688-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576), AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1224 PALM STREET AND 2077 THE MALL, ALL IN CLEARWATER, FLORIDA 33755, 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 properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8686-15. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2015-01002) Ordinance No. 8688-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐01002 Parcel 1: Lot 32, Block A, CLEARDUN, according to plat thereof as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 03-29-15-15840-001-0320 Parcel 2: Lot 10, Block C, BROOKLAWN, as per plat thereof, recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 03-29-15-12060-003-0100 Exhibit B ZONING MAP (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 MDRPALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE LMDR 1227123512451253125512592038 2040 2052 2048 2058 2029 2031 2 0 2 4 2066 2070 2074 2030 2024 2022 2020 2080 125912651261125712451243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2021 2022 1263120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 Exhibit C ZONING MAP (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 HDRMDRTHE MALL POINSETTA AVE ARBELIA ST EVERGREEN AVE IDLEWILD DR UUNION ST LANTANA AVE LMDR MDRLMDR 134513412081 133720641330 133313252048 20441311 13552031 13311321132513172050 2058 2088 2040 2080 2084 13222077 2063 2049 2057 2084 2075 2079 20711349 2000 2049 2053 2067 2060 2070 20721309 2047 2048 13102028 13172060 2056 2035 2039 2075 2068A 2080B 2080A 2066 206 2076 20802071 2077 1353200 2052 2043 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Location.docx LOCATION MAP Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR ^^PALM ST BERMUDA ST BETTY LN ALOHA LN SEDEEVA CIR S SHERIDAN RD MACOMBER AVE COLES RD IDLEWILD DR UNION ST STATE ST COLES RD CHENANGO AVE SUNSET POINT RD FREEDOM DR KINGS HWY DOUGLAS AVE LANTANA AVE POINSETTA AVE WOODLAWN TER THE MALLEVERGREEN AVE BETTY LN SEDEEVA CIR N -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Aerial 1.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST IDLEWILD DR IDLEWILD DR DOUGLAS AVE DOUGLAS AVE -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Aerial 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR LANTANA AVE LANTANA AVE THE MALL THE MALL POINSETTA AVE POINSETTA AVE UNION ST UNION ST EVERGREEN AVE EVERGREEN AVE ARBELIA ST ARBELIA ST IDLEWILD DR IDLEWILD DR -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Proposed 1.docx PROPOSED ANNEXATION (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 PALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE 1227123512451253125512592038 2040 2052 2048 2058 2029 2031 2 0 2 4 2066 2070 2074 2030 2024 2022 2020 2080 125912651261125712451243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2021 2022 1263120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Proposed 2.docx PROPOSED ANNEXATION (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 LANTANA AVE THE MALL ARBELIA ST IDLEWILD DR EVERGREEN AVE U POINSETTA AVE UNION ST 134513412081 133720641330 133313252048 2044 20661311 13552031 13311321132513172050 2058 2088 2040 2080 2084 13222077 2063 2049 2057 2080 2084 2071 2075 2079 20711349 2000 2049 2053 2067 2060 2070 20721309 2047 2048 13102028 13172060 2056 2035 2039 2075 2068A 2080B 2080A 206 2076 2077 1353200 2052 2043 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 FLU 1.docx FUTURE LAND USE MAP (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 PALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE RU RU RU RURU RU RU RU RU 1227123512451253125512592038 2040 2052 2048 2058 2031 2 0 2 4 2066 2024 2022 2020 2080 12591265126112571243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2029 2021 2022 2070 2074 2030 12631245120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 FLU 2.docx FUTURE LAND USE MAP (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 THE MALL POINSETTA AVE ARBELIA ST EVERGREEN AVE IDLEWILD DR UUNION ST LANTANA AVE RU RM RU RU RURU RM RU RU RU RU RURU RU RU RM RM RH RU RU RU RMRU RH RM WATER RU RM 1345134120641330 2048 2044 20661311 13552031 13311321132513172050 2058 2040 2080 2084 13222063 2049 2057 20802071 2075 20711349 2067 2060 2070 20721309 2048 13102028 2060 2056 2035 2039 2068A 2081 133713331325206 208820772076 2084 2077 2079 13532000 2049 2053 200 2047 2052 13172043 2075 2080B 2080A 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Zoning 1.docx ZONING MAP (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 MDRPALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE LMDR 1227123512451253125512592038 2040 2052 2048 2058 2029 2031 2 0 2 4 2066 2070 2074 2030 2024 2022 2020 2080 125912651261125712451243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2021 2022 1263120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Zoning 2.docx ZONING MAP (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 HDRMDRTHE MALL POINSETTA AVE ARBELIA ST EVERGREEN AVE IDLEWILD DR UUNION ST LANTANA AVE LMDR MDRLMDR 134513412081 133720641330 133313252048 20441311 13552031 13311321132513172050 2058 2088 2040 2080 2084 13222077 2063 2049 2057 2084 2075 2079 20711349 2000 2049 2053 2067 2060 2070 20721309 2047 2048 13102028 13172060 2056 2035 2039 2075 2068A 2080B 2080A 2066 206 2076 20802071 2077 1353200 2052 2043 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Existing 1.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 60606060 15840 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 1 1 1 PALM ST UNION ST BERMUDA ST IDLEWILD DR DOUGLAS AVE 1227123512451253125512592038 2040 2052 2048 2058 2029 2031 2 0 2 4 2066 2070 2074 2030 2024 2022 2020 2080 125912651261125712451243123512231266126012541246124212261222122012101231125912551251124712451239123512251221121712111201126212421234122812201216121212061255125712511239123512331231122112151211120912601256125012221220121212062077 2063 124712451241123712151211120712442061 2021 2022 1263120712501256125012322049 12461238123412301224122312192024½-Not to Scale--Not a Survey-Rev. 1/12/15 Single Family Residential Single Family Residential Single Family Residential S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm Street 1224 ANX2015-01002\Maps\ANX2015-01002 Existing Uses 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): Karen Chamusco Amrita Amnay Case: ANX2015-01002 Site: 1224 Palm Street, 2077 The Mall Property Size(Acres): ROW (Acres): 0.27 n/a Land Use Zoning PIN: 03-29-15-15840-001-0320 03-29-15-12060-003-0100 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 6060 6087.7 12060 ABC D F G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 1 2 10 11 1 2 18192021222324 2 3 4 5 6 78 9 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 1 6 7 8 9 10 11 12 13 14 15 16 50 LANTANA AVE THE MALL ARBELIA ST IDLEWILD DR EVERGREEN AVE U POINSETTA AVE UNION ST 134513412081 133720641330 133313252048 2044 20661311 13552031 13311321132513172050 2058 2088 2040 2080 2084 13222077 2063 2049 2057 2080 2084 2071 2075 2079 20711349 2000 2049 2053 2067 2060 2070 20721309 2047 2048 13102028 13172060 2056 2035 2039 2075 2068A 2080B 2080A 206 2076 2077 1353200 2052 2043 2068B -Not to Scale--Not a Survey-Rev. 1/12/15 Single and Multi Family Residential Multi Family Residential View looking north at the subject property, 1224 Palm Street West of the subject property East of the subject property Across the street, to the south of the subject property ANX2015-01002 Karen Chamsco and Amrita Amnay 1224 Palm Street View looking westerly along Palm Street View looking easterly along Palm Street View looking east at the subject property, 2077 The Mall North of the subject property South of the subject property Across the street, to the west of the subject property ANX2015-01002 Karen Chamsco and Amrita Amnay 1224 Palm Street View looking northerly along The Mall View looking northerly along The Mall Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-11024 Agenda Date: 3/19/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the annexation of property located at 2930 County Road 193; together with all right-of-way of County Road 193; and pass Ordinance 8677-15 on first reading. (ANX2014-11024) SUMMARY: This voluntary annexation petition involves a 4.47-acre parcel of land located on the northeast corner of County Road 193 approximately 590 feet south of Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic Orthodox Church, which currently operates out of four buildings on the site. The church was originally built in 1932, with subsequent additions in 1965, 2000, and 2008. The property is contiguous to existing City boundaries along the north, east, and south. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is made available in the future as part of the City’s CR 193 Sanitary Sewer System Extension Project. The Development Review Committee is proposing that the 1.26-acres of County Road 193 right-of-way not currently in the City limits also be annexed. The existing Pinellas County future land use designation is Residential Low (RL) and the zoning designation is A-E Agricultural Estate Residential. The City’s Community Development Code only allows places of worship within the Institutional (I) District, which is consistent with the Institutional (I) future land use category. Therefore, the applicant has submitted applications to change the property’s Future Land Use Map designation of Residential Low (RL) to Institutional (I) (LUP2014-11004) and to rezone the property to the Institutional (I) District (City of Clearwater) (REZ2014-11005) upon annexation into the City in order for the church to be a conforming use. These additional applications are being processed concurrently with this case. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the sewer impact fee that must be paid in order to connect and of the financial incentives available. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve the property with sanitary Page 1 City of Clearwater Printed on 3/18/2015 File Number: ANX2014-11024 sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The property is contiguous to existing City boundaries along the north, east, and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/18/2015 Ordinance No. 8677-15 ORDINANCE NO. 8677-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 590 FEET SOUTH OF SUNSET POINT ROAD CONSISTING OF METES & BOUNDS TRACT 41/04 IN SECTION 05, TOWNSHIP 29 N, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2930 COUNTY ROAD 193, CLEARWATER, FLORIDA 33759, TOGETHER WITH ALL RIGHT-OF-WAY OF COUNTY ROAD 193, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Description (ANX2014-11024) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8677-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2014‐11024 ================================================================================== The south ½ of the West ½ of the North ½ of the Northeast ¼, of the Southeast ¼ of Section 5, Township 29 south, Range 16 East, Pinellas County, Florida LESS AND EXCEPT road right of way. Together with: All Right-of-Way of County Road 193 from Sunset Point Road southerly approximately 930 feet. Exhibit B PROPOSED ANNEXATION Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: ANX2014-11024 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 1.26 Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0323 24 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN 1806 1949 1948 1942 1936 1943 29351931 1937 288529812965292929751850 1874 1886 2995294929512965293429471851 1881 18872942 29822910286029881860 294829441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 30012853289129871856 1862 1868 1880293929332927292129152903292829222916291029042909 1885 18752950 1857 1869 29301891 2946-Not to Scale--Not a Survey-Rev. 12/11/2014 LOCATION MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: ANX2014-11024 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 1.26 Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) ^ PROJECT SITE ST. CROIX DR SUNSET POINT RD SOULE RD SARAH DR OAK FOREST DR WABBEY LAKE RD SUE DR LAWRENCE DR OAK RIDGE CT CR 193 SUNRISE DR EL TRINDAD DR ECASTLE WOODS DR OAK FOREST DR SSARAH DR -Not to Scale--Not a Survey-Rev. 12/11/2014 AERIAL PHOTOGRAPH Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: ANX2014-11024 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 1.26 Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) CR 193 CR 193 SUNSET POINT RD SUNSET POINT RD SUNRISE DR SUNRISE DR OAK RIDGE CT OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS DR CASTLE WOODS LN CASTLE WOODS LN -Not to Scale--Not a Survey-Rev. 12/11/2014 PROPOSED ANNEXATION Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: ANX2014-11024 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 1.26 Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0323 24 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN 1806 1949 1948 1942 1936 1943 29351931 1937 288529812965292929751850 1874 1886 2995294929512965293429471851 1881 18872942 29822910286029881860 294829441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 30012853289129871856 1862 1868 1880293929332927292129152903292829222916291029042909 1885 18752950 1857 1869 29301891 2946-Not to Scale--Not a Survey-Rev. 12/11/2014 EXISTING SURROUNDING USES MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: ANX2014-11024 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 1.26 Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0323 24 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN 1806 1949 1948 1942 1936 1943 29351931 1937 288529812965292929751850 1874 1886 2995294929512965293429471851 1881 18872942 29822910286029881860 294829441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 30012853289129871856 1862 1868 1880293929332927292129152903292829222916291029042909 1885 18752950 1857 1869 29301891 2946-Not to Scale--Not a Survey-Rev. 12/11/2014 School Single Family Residential Funeral Home Single Family Residential Single Family Residential Single Family Residential Cemetery Place of Worship View looking north at the subject property, 2930 County Road 193 West of the subject property East of the subject property Across the street, to the south of the subject property ANX2014-11024 St. Mina & St. Mary Coptic Orthodox Church 2930 County Road 193 View looking westerly along County Road 193 View looking easterly along County Road 193 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2014-11004 Agenda Date: 3/19/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for property located at 2930 County Road 193; and pass Ordinance 8678-15 on first reading. (LUP2014-11004) SUMMARY: This Future Land Use Map amendment involves a 4.47-acre property consisting of one parcel of land located on the northeast corner of County Road 193 approximately 590 feet south of Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic Orthodox Church, which currently operates out of four buildings on the site. The applicant is requesting to amend the property’s Future Land Use Map category of Residential Low (RL) to the Institutional (I) category in order to continue to operate as a conforming use within the City after annexation. The applicant has submitted two additional applications being processed concurrently with this case: 1.A Petition for Annexation for the 4.47-acre property (ANX2014-11024); and 2.A Zoning Atlas amendment to rezone the property from the A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) Zoning District (REZ2014- 11005). The proposed Institutional (I) category would permit up to 12.5 dwelling units, or a FAR of 0.65. However, the City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses. The Institutional (I) future land use designation requested is consistent with the surrounding future land use designations that exist in the vicinity of the subject property, which include residential and institutional uses. The proposed Institutional (I) designation will also allow the church to exist as a conforming use in the City of Clearwater. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. Page 1 City of Clearwater Printed on 3/18/2015 File Number: LUP2014-11004 ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board reviewed this application at its February 17, 2015 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/18/2015 Ordinance No. 8678-15 ORDINANCE NO. 8678-15 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 APPROXIMATELY 590 FEET SOUTH OF SUNSET POINT ROAD CONSISTING OF METES & BOUNDS TRACT 41/04 IN SECTION 05, TOWNSHIP 29 N, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2930 COUNTY ROAD 193, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description;From: Residential Low (RL) To: Institutional (I) (LUP2014-11004) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8677-15, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners. The Community Development Coordinator is authorized to transmit to the Pinellas Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No. 8678-15 George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION LUP2014‐11004, REZ2014‐11005 ================================================================================== The south ½ of the West ½ of the North ½ of the Northeast ¼, of the Southeast ¼ of Section 5, Township 29 south, Range 16 East, Pinellas County, Florida LESS AND EXCEPT road right of way. Exhibit B FUTURE LAND USE MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0324 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN I I I RS RL I RS RL RL RL RS RS RU RU WATER RU RU 1806 1949 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 299529492951296529471885 1851 1881 1887294229102860 29881860 29481891 29441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 30012853298718802939293329272921291529032928292229162910290429342909 298218752950 1857 1869 29302946-Not to Scale--Not a Survey-Rev. 12/11/2014 LOCATION MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) ^ PROJECT SITE ST. CROIX DR SUNSET POINT RD SOULE RD SARAH DR OAK FOREST DR WABBEY LAKE RD SUE DR LAWRENCE DR OAK RIDGE CT CR 193 SUNRISE DR EL TRINDAD DR ECASTLE WOODS DR OAK FOREST DR SSARAH DR -Not to Scale--Not a Survey-Rev. 12/11/2014 AERIAL PHOTOGRAPH Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) CR 193 CR 193 SUNSET POINT RD SUNSET POINT RD SUNRISE DR SUNRISE DR OAK RIDGE CT OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS DR CASTLE WOODS LN CASTLE WOODS LN -Not to Scale--Not a Survey-Rev. 12/11/2014 FUTURE LAND USE MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0324 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN I I I RS RL I RS RL RL RL RS RS RU RU WATER RU RU 1806 1949 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 299529492951296529471885 1851 1881 1887294229102860 29881860 29481891 29441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 30012853298718802939293329272921291529032928292229162910290429342909 298218752950 1857 1869 29302946-Not to Scale--Not a Survey-Rev. 12/11/2014 ZONING MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0323 24 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN I LMDR LDR LDR 1806 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 2995294929512965293429471885 1851 1881 18872942 29822910286029881860 29481891 1832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1949 1 9 5 4 3001285329871880293929332927292129152903292829222916291029042909 18752950 1857 1869 293029442946-Not to Scale--Not a Survey-Rev. 12/11/2014 EXISTING SURROUNDING USES MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0324 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN 1806 1949 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 2995294929512965293429471885 1851 1881 18872942 29822910286029881860 29481891 29441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 3001285329871880293929332927292129152903292829222916291029042909 18752950 1857 1869 29302946-Not to Scale--Not a Survey-Rev. 12/11/2014 School Single Family Residential Single Family Residential Single Family Residential Cemetery Funeral Home Single Family Residential Place of Worship View looking north at the subject property, 2930 County Road 193 West of the subject property East of the subject property Across the street, to the south of the subject property LUP2014-11004, REZ2014-11005 St. Mina & St. Mary Coptic Orthodox Church 2930 County Road 193 View looking westerly along County Road 193 View looking easterly along County Road 193 F.1. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: February 17, 2015 AGENDA ITEM: F.1. CASE: LUP2014-11004 REQUEST: To amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I). GENERAL DATA: Agent……………………… City of Clearwater Engineering Department Applicant / Owner............. St. Mary & St. Mina Coptic Orthodox Church Location……..................... 2930 County Road 193, located approximately 590 feet south of Sunset Point Road Property Size…................. 4.47 acres ANALYSIS: Site Location and Existing Conditions: This case involves a 4.47-acre property located on County Road 193, approximately 590 feet south of Sunset Point Road. The parcel is owned by St. Mary & St. Mina Coptic Orthodox Church, which currently operates out of four buildings on the site. The church was originally built in 1932, with subsequant additions in 1965, 2000, and 2008. The parcel is within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2014-11024) which is being processed concurrently with this case at the March 19, 2015 City Council meeting. Request: The request is to change the property’s Future Land Use Map designation of Residential Low (RL) to Institutional (I). The applicant is also requesting to rezone the property from the A-E, Agricultural Estate District (Pinellas County) to the Institutional (I) District (see concurrent case REZ2014-11005). This parcel is within an area where the City of Clearwater’s Public Utilities Department is expanding sanitary sewer service, and in order to connect to the system when it is constructed, the parcel must be in the City. Currently, the City’s Community Development Code only allows places of worship within the Institutional (I) District, which is consistent with the Institutional (I) future land use category. Therefore, this amendment is required at the time of annexation so that the church may continue operating as a conforming use. The church does not have any plans of redeveloping or expanding at this time. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 2 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Vicinity Characteristics: The property is surrounded by single family homes to the north and east. The properties to the west of the church are owned by Sylvan Abbey Memorial Park, and are developed with various uses, including a single family home, place of worship, and funeral home. To the south is Paul B. Stephens Exceptional Student Education Center. Approximately 944 linear feet, or 50 percent of the perimeter property boundary, abuts properties with a future land use designation of Institutional (I). The remainder abuts properties with future land use designations of Residential Low (RL) and Residential Suburban (RS) (see Figure 1 below). Figure 1 A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1 below. In addition, a comparison between the uses and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 2. 50% 34% 16% Abutting Future Land Use Designations Institutional (I) Residential Low (RL) Residential Suburban (RS) Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 3 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 1. Surrounding Future Land Use and Zoning Designations Existing Conditions Existing Use(s) FLUM Designation Zoning Atlas Designation Direction North: Single Family Residential Residential Low (RL) Low Medium Density Residential (LMDR) East: Single Family Residential Residential Suburban (RS) Low Medium Density Residential (LMDR) South: School Institutional (I) Institutional (I) West: Single Family Residential, Sylvan Abbey Funeral Home Institutional (I) Agricultural Estate Residential (A-E) (Pinellas County) Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Low (RL) Requested FLUM Designation Institutional (I) Primary Uses: Low Density Residential Public/Private Schools; Churches; Public Offices Maximum Density: 5 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Low Density Residential (LDR); Low Medium Density Residential (LMDR) Institutional (I) REVIEW CRITERIA: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 4 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.7 The City shall ensure the efficient delivery of urban services and unified land use and property maintenance standards, as well as foster community identity and reduce sources of environmental contamination through the annexation of unincorporated properties within the Clearwater planning area. Policy D.1.2.1 Sewer services shall not be extended to properties outside the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by the Clearwater City Council. Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed Institutional (I) future land use designation is compatible with the single family residential uses and with the adjacent school. The proposed amendment will allow for the property to continue to be utilized by the church as a conforming use. The property will be able to connect to the City’s sanitary sewer service, which will help reduce environmental contamination caused from septic tanks. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I) future land use classification is to depict those areas of the county that are now used, or appropriate to be used, for public/semi-public institutional purposes and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities and natural resource features. Section 2.3.3.7.3 also states that the Institutional (I) future land use category is generally appropriate to those locations where educational, health, public safety, civic, religious and like institutional uses are required to serve the community and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 5 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION The subject property is located adjacent to Institutional (I), Residential Suburban (RS) and Residential Low (RL) properties which are all located south of Sunset Point Road, a signalized arterial road. The overall area contains mostly residential, but also includes a school to the south of the subject property and vacant land and a single family home to the west of the subject property. The current and future use of the subject property will be a place of worship, which is compatible with the proposed Institutional (I) future land use designation, and is compatible with the surrounding properties and the overall neighborhood. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Single family homes lie to the north and to the east of the property. To the south is Paul B. Stephens Exceptional Student School. The properties to the west of the church are owned by Sylvan Abbey Memorial Park, and are developed with various uses, including a single family home, Sylvan Abbey United Methodist Church, and the Sylvan Abbey Funeral Home. The proposed Institutional (I) future land use category permits 12.5 units per acre and a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include Residential Suburban (RS) (2.5 Dwelling Units Per Acre; FAR 0.40), Residential Low (RL) (5 Dwelling Units Per Acre; FAR 0.40) and Institutional (I). The Institutional (I) future land use designation requested is consistent with the surrounding future land use designations that exist in the vicinity of the subject property. The proposed Institutional (I) designation will allow the site to continue to be used for a place of worship. As such, the proposed amendment will allow development that is in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Institutional (I) future land use designation is in character with the overall Future Land Use Map designations in the area. Further, the existing place of worship use is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed (see Table 4). The request for amendment to the Institutional (I) Future Land Use Map category would increase the amount of development Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 6 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION potential allowed on the site; however, the City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses. The current use of the subject property is a 30,287 SF place of worship (four buildings) for which there are no current redevelopment plans; therefore, there is no anticipated increase in demand of public facilities and services as a result in the proposed change in future land use designation. The following public facilities analysis is based on the maximum nonresidential development potential allowed in order to assess the maximum possible impact on public facilities. Table 4. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RL” Requested FLUM Designation “I” Net Change Site Area 4.47 AC (194,713 SF) 4.47 AC (194,713 SF) Existing Development 30,287 SF 30,287 SF Maximum Development Potential 22 DUs 77,885 SF 0.40 FAR 55 DUs 126,563 SF 0.65 FAR 33 DUs 48,678 SF 0.25 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in Table 5, which compares the maximum impact under the existing and proposed future land use designations, the proposed change would result in an increase in demand of public facilities and services, but would not degrade them below acceptable levels. The rates used to evaluate impact to services/facilities for a property designated Institutional (I) are typically greater than that for property designated Residential Low (RL). Thus, even though there is no proposed change in use from what is currently developed on the site, the potential impact calculations take into account a typical increase in demand on public facilities from a residential use to an institutional use. Table 5. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “RL” Requested FLUM Designation “I” Streets 224 Trips1 465 Trips1 241 Yes Potable Water2 5,728 GPD3 12,656 GPD3 6,928 Yes Wastewater2 5,155 GPD3 10,125 GPD3 4,970 Yes Solid Waste2 55.8 Tons/Year 101.2 Tons/Year 45.4 Yes Parkland2 0 Acres4 0 Acres4 0 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.  Residential Low (RL) – 50 vehicle trips per day per acre.  Institutional (I) – 104 vehicle trips per day per acre for religious/civic facilities. 2. Analysis based on utilization rates for religious/civic facilities, which are nonresidential uses. 3. GPD – Gallons per day. 4. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 7 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION This property is not currently connected to the City’s sanitary sewer service, but will be connected when it is made available through the City’s CR 193 Sanitary Sewer System Extension Project. Based on the actual size of the buildings on site, new wastewater generated is expected to be approximately 1,574 gallons per day (GPD), which is less than what could be generated by a development if built out as allowed by the Residential Low (RL) future land use designation. As shown in Table 6 below, there is an increase in the potential maximum daily trips associated with the request for amendment to the Institutional (I) future land use designation. The PM Peak Hour trips are projected to increase by 23 trips to 905 trips with the change in future land use designation. This segment of Sunset Point Road is currently operating at a Level of Service B, which is above the adopted roadway level of service standard, and the potential additional PM Peak Hour trips on this segment of roadway is de minimis. Table 6. Maximum Potential Traffic Sunset Point Road (McMullen Booth Rd. to US 19) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 224 465 241 Potential Additional Maximum PM Peak HourTrips3 N/A 21 44 23 Roadway Volume (Annual Average Daily) 18,129 18,353 18,594 241 Roadway Volume (PM Peak Hour)3 861 882 905 23 Roadway Level of Service PM Peak Hour B4 B5 B5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 50 trips per day per acre in the Residential Low (RL) future land use category. 2. Based on PPC calculations of 104 trips per day per acre in the Institutional (I) future land use category with a religious/civic facilities use. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2014 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2014 Level of Service Report and the 2013 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. There is an increase in demand for potable water and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. The property will connect to the City’s sanitary system when it is made available, but the City’s sanitary sewer system can accommodate the additional wastewater that will be added to the system. Furthermore, solid waste, parkland and recreation facilities will not be affected by the proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject properties. This amendment is necessary in order for the property to annex into the City to receive sanitary sewer service from the City. There are Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 LUP2014-11004 - Page 8 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION no current plans for additional development on the property. Any future redevelopment is required to be compliant with the City’s tree preservation and storm water management requirements. Recommended Conclusions of Law: Based on current information, no wetlands appear to be located on the subject properties. The intent of the applicant is to designate the appropriate future land use for the existing church as part of the annexation process. Therefore, this amendment is not expected to impact any natural resources. REVIEW PROCEDURE: Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject properties. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Future Land Use Map amendment from the Residential Low (RL) designation to the Institutional (I) designation. Prepared by Planning and Development Department Staff: Kyle Brotherton Planner II ATTACHMENTS: Resume Photographs of Site and Vicinity Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2014-11005 Agenda Date: 3/19/2015 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) District (City) for property located at 2930 County Road 193; and pass Ordinance 8679-15 on first reading. (REZ2014-11005) SUMMARY: This Zoning Atlas amendment involves a 4.47-acre parcel of land located on the northeast corner of County Road 193 approximately 590 feet south of Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic Orthodox Church, which currently operates out of four buildings on the site. The applicant is requesting to rezone the property from A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) District (City) in order to continue to operate as a conforming use within the City after annexation. The applicant has submitted two additional applications being processed concurrently with this case: 1.A Petition for Annexation for the 4.47-acre property not currently within the City (ANX2014-11024); and 2.A Future Land Use Map amendment from the Residential Low (RL) category (Pinellas County) to the Institutional (I) category (LUP2014-11004). The proposed Institutional (I) District will allow the site to continue to be used as a place of worship in conformance with the City’s Community Development Code. The Institutional (I) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. As such, the proposed amendment will allow development that is in character with the surrounding properties and neighborhood. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Institutional (I) District are compatible with the surrounding area. ·The proposed amendment will not adversely burden public facilities, including the Page 1 City of Clearwater Printed on 3/18/2015 File Number: REZ2014-11005 traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Institutional (I) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its February 17, 2015 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/18/2015 Ordinance No. 8679-15 ORDINANCE NO. 8679-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 590 FEET SOUTH OF SUNSET POINT ROAD CONSISTING OF METES & BOUNDS TRACT 41/04 IN SECTION 05, TOWNSHIP 29 N, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2930 COUNTY ROAD 193, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS 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: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8677-15, and subject to the approval of the land use designation set forth in Ordinance 8678-15 by the Pinellas County Board of County Commissioners. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Property Zoning District See attached Exhibit A for Legal Description; From: A-E Agricultural Estate Residential (Pinellas County) To: Institutional (I) (REZ2014-11005) Ordinance No. 8679-15 George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION LUP2014‐11004, REZ2014‐11005 ================================================================================== The south ½ of the West ½ of the North ½ of the Northeast ¼, of the Southeast ¼ of Section 5, Township 29 south, Range 16 East, Pinellas County, Florida LESS AND EXCEPT road right of way. Exhibit B ZONING MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0323 24 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN I LMDR LDR LDR 1806 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 2995294929512965293429471885 1851 1881 18872942 29822910286029881860 29481891 1832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1949 1 9 5 4 3001285329871880293929332927292129152903292829222916291029042909 18752950 1857 1869 293029442946-Not to Scale--Not a Survey-Rev. 12/11/2014 LOCATION MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) ^ PROJECT SITE ST. CROIX DR SUNSET POINT RD SOULE RD SARAH DR OAK FOREST DR WABBEY LAKE RD SUE DR LAWRENCE DR OAK RIDGE CT CR 193 SUNRISE DR EL TRINDAD DR ECASTLE WOODS DR OAK FOREST DR SSARAH DR -Not to Scale--Not a Survey-Rev. 12/11/2014 AERIAL PHOTOGRAPH Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) CR 193 CR 193 SUNSET POINT RD SUNSET POINT RD SUNRISE DR SUNRISE DR OAK RIDGE CT OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS DR CASTLE WOODS LN CASTLE WOODS LN -Not to Scale--Not a Survey-Rev. 12/11/2014 FUTURE LAND USE MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0324 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN I I I RS RL I RS RL RL RL RS RS RU RU WATER RU RU 1806 1949 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 299529492951296529471885 1851 1881 1887294229102860 29881860 29481891 29441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 30012853298718802939293329272921291529032928292229162910290429342909 298218752950 1857 1869 29302946-Not to Scale--Not a Survey-Rev. 12/11/2014 ZONING MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0323 24 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN I LMDR LDR LDR 1806 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 2995294929512965293429471885 1851 1881 18872942 29822910286029881860 29481891 1832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1949 1 9 5 4 3001285329871880293929332927292129152903292829222916291029042909 18752950 1857 1869 293029442946-Not to Scale--Not a Survey-Rev. 12/11/2014 EXISTING SURROUNDING USES MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2014-11004 REZ2014-11005 Site: 2930 County Road 193 Property Size(Acres): ROW (Acres): 4.47 n/a Land Use Zoning PIN: 05-29-16-00000-410-0400 From : RL (County) A-E (County) Atlas Page: 264B To: I (City) I (City) 30 1006040 30 82 83 23/0324 25 26 27 28 29 30 31 32 33 34 35 36 70.3 10060 40 57.1 100100(S)44 505088140 63199 12 453 6789101112 1 2 3 4 56 7 8 13/03 2 1.49 13/04 13/05 13/06 14/15 1.12 14/17 2.0 14/14 14/13 1.34 1.93 14/11 14/10 6.22 14/18 14/19 1.01 14/15214/151 14/131 60 60 30 3060 60 6080 80 14288 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 42/01 17.38 41/05 41/04 2.61 41/03 41/02 2.28 2.63 41/07 4.6 AC AC(C) AC(C) AC(C) AC(C)AC AC(C) AC(C) AC(C) 1 AC(C) AC(C) AC AC ACAC(C) CR 193 SUNSET POINT RD SUNRISE DR OAK RIDGE CT CASTLE WOODS DR CASTLE WOODS LN 1806 1949 1948 1942 1936 1943 29351931 1937 2891288529812965292929751850 1856 1862 1868 1874 1886 2995294929512965293429471885 1851 1881 18872942 29822910286029881860 29481891 29441832 1824 1812 1818 30011846 1858 1852 1840 1876 1870 1864 1882 1 9 5 4 3001285329871880293929332927292129152903292829222916291029042909 18752950 1857 1869 29302946-Not to Scale--Not a Survey-Rev. 12/11/2014 School Single Family Residential Single Family Residential Single Family Residential Cemetery Funeral Home Single Family Residential Place of Worship View looking north at the subject property, 2930 County Road 193 West of the subject property East of the subject property Across the street, to the south of the subject property LUP2014-11004, REZ2014-11005 St. Mina & St. Mary Coptic Orthodox Church 2930 County Road 193 View looking westerly along County Road 193 View looking easterly along County Road 193 F.2. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: February 17, 2015 AGENDA ITEM: F.2. CASE: REZ2014-11005 REQUEST: To amend the Zoning Atlas designation from A-E, Agricultural Estate Residential (Pinellas County) to Institutional (I) (City). GENERAL DATA: Agent……………………… City of Clearwater Engineering Department Applicant / Owner.............. St. Mary & St. Mina Coptic Orthodox Church Location……..................... 2930 County Road 193, approximately 590 feet south of Sunset Point Road Property Size…................. 4.47 acres ANALYSIS: Site Location and Existing Conditions: This case involves a 4.47-acre property located on County Road 193, approximately 590 feet south of Sunset Point Road. The parcel is owned by St. Mary & St. Mina Coptic Orthodox Church, which currently operates out of four buildings on the site. The church was originally built in 1932, with subsequant additions in 1965, 2000, and 2008. The parcel is within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2014-11024) which is being processed concurrently with this case at the March 19, 2015 City Council meeting. Request: The request is to change the property’s Zoning Atlas designation of A-E, Agricultural Estate (Pinellas County) to Institutional (I) (City). The applicant is also requesting to amend the property’s Future Land Use Map designation from Residential Low (RL) to the Institutional (I) designation (see concurrent case LUP2014- 11004). This parcel is within an area where the City of Clearwater’s Public Utilities Department is expanding sanitary sewer service, and in order to connect to the system when it is constructed, the parcel must be in the City. Currently, the City’s Community Development Code only allows places of worship within the Institutional (I) District, which is consistent with the Institutional (I) future land use category. Therefore, this amendment is required at the time of annexation so that the church may continue operating as a conforming use. The church does not have any plans of redeveloping or expanding at this time. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 2 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Vicinity Characteristics: The property is surrounded by single family homes to the north and east. The properties to the west of the church are owned by Sylvan Abbey Memorial Park, and are developed with various uses, including a single family home, place of worship, and funeral home. To the south is Paul B. Stephens Exceptional Student Education Center. Approximately 945 linear feet, or 50 percent of the perimeter property boundary, abuts properties with a Zoning Atlas designation of Low Medium Density Residential (LMDR). The remainder abuts properties zoned Institutional (I) and Agricultural Estate Residential (A-E) (Pinellas County) (see Figure 1 below). Figure 1 A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1 below. 50% 34% 16% Abutting Zoning Atlas Designations Low Medium Density  Residential (LMDR) Institutional Agricultural Estate  Residential (A‐E)  (Pinellas County) Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 3 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 1. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Existing Use(s) FLUM Designation Zoning Atlas Designation North: Single Family Residential Residential Low (RL) Low Medium Density Residential (LMDR) East: Single Family Residential Residential Suburban(RS) Low Medium Density Residential (LMDR) South: School Institutional (I) Institutional (I) West: Single Family Residential, Sylvan Abbey Funeral Home Institutional (I) Agricultural Estate Residential (A-E) (Pinellas County) REVIEW CRITERIA: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4-602.F: Table 2. Consistency with Community Development Code Standards CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 4 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.7 The City shall ensure the efficient delivery of urban services and unified land use and property maintenance standards, as well as foster community identity and reduce sources of environmental contamination through the annexation of unincorporated properties within the Clearwater planning area. Policy D.1.2.1 Sewer services shall not be extended to properties outside the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by the Clearwater City Council. Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed Institutional (I) District is compatible with the single family residential uses and with the school. The proposed amendment will allow for the property to continue to be utilized by the church as a conforming use. The proposed amendment will allow for the property to continue to be utilized by the church as a conforming use. The property will be able to connect to the City’s sanitary sewer service, which will help reduce environmental contamination caused from septic tanks. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Single family homes lie to the north and to the east of the property. To the south is Paul B. Stephens Exceptional Student School. The properties to the west and northwest of the church are owned by Sylvan Abbey Memorial Park, and are developed with various uses, including a single family home, Sylvan Abbey United Methodist Church, and the Sylvan Abbey Funeral Home. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 5 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION The proposed Institutional (I) District primarily permits institutional uses, such as churches and schools. The intent of the Institutional (I) District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and goods within the City of Clearwater. The Institutional (I) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The proposed Institutional (I) District will allow the site to continue to be used as a church. As such, the proposed amendment will allow development that is in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present Future Land Use Map designation and the present and requested Zoning designation were analyzed. Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis, sufficiency of public facilities is based on the Future Land Use Map designation. Table 3. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RL” Requested FLUM Designation “I” Net Change Site Area 4.47 AC (194,800 SF) 4.47 AC (194,800 SF) Existing Development 30,287 SF 30,287 SF Maximum Development Potential 22 DUs 77,885 SF 0.40 FAR 55 DUs 126,563 SF 0.65 FAR 33 DUs 48,678 SF 0.25 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet The request for amendment to the Institutional (I) Future Land Use Map classification would increase the amount of development potential allow on the subject property, as shown in Table 3; however, the City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses. The current use of the subject Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 6 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION property is a 30,287 SF place of worship (four buildings) for which there are no current redevelopment plans; therefore, there is no anticipated increase in demand of public facilities and services. The following public facilities analysis is based on the maximum nonresidential development potential allowed in order to assess the maximum possible impact on public facilities. As shown in Table 4, which compares the maximum impact under the existing and proposed future land use designations, the proposed change would result in an increase in demand of public facilities and services, but would not degrade them below acceptable levels. Table 4. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “RL” Requested FLUM Designation “I” Streets 224 Trips1 465 Trips1 241 Yes Potable Water2 5,728 GPD3 12,656 GPD3 6,928 Yes Wastewater2 5,155 GPD3 10,125 GPD3 4,970 Yes Solid Waste2 55.8 Tons/Year 101.2 Tons/Year 45.4 Yes Parkland2 0 Acres4 0 Acres4 0 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.  Residential Low (RL) – 50 vehicle trips per day per acre.  Institutional (I) – 104 vehicle trips per day per acre 2. Analysis based on utilization rates for religious/civic facilities, which are nonresidential uses. 3. GPD – Gallons per day. 4. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. This property is not currently connected to the City’s sanitary sewer service, but will be connected when it is made available through the City’s CR 193 Sanitary Sewer System Extension Project. Based on the actual size of the buildings on site, new wastewater generated is expected to be approximately 1,574 gallons per day (GPD), which is less than what could be generated by a development if built out as allowed by the Residential Low (RL) future land use designation. The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table shows an increase of 46 PM Peak Trips when comparing a church constructed under the maximum development potential of the proposed Institutional (I) future land use classification with Institutional (I) zoning to the maximum development potential of the existing Residential Low (RL) future land use classification with A-E zoning (Pinellas County). However, since the use on the subject property is not changing, there is no increase in PM Peak Trips expected to be generated as a result of this amendment. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 7 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 5. Trip Generation Comparison by Zoning Atlas Designation Land Use Development Potential Avg. Daily Trips Net Change Avg. Daily Trips PM Peak Trips Avg. Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: A-E (Pinellas County) Existing Church1 (9.11 trips/1,000 SF GFA) 30,287 SF2 276 N/A 0.94 29 N/A Church1 (9.11 trips/1,000 SF GFA) 77,885 SF3 710 N/A 0.94 73 N/A Proposed Designation: Institutional (I) District Church1 (9.11 trips/1,000 SF GFA) 126,5630 SF4 1,153 443 0.94 119 46 Abbreviations and Notes: N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area 1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 560 2. Size of current development (four buildings) on site per the Pinellas County Property Appraisers Office 3. Floor area ratio permitted by the RL Future Land Use Map category is 0.40. 4. Floor area ratio permitted by the I Future Land Use Map category is 0.65. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the additional traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. This segment of Sunset Point Road is currently operating at a Level of Service B, which is above the adopted roadway level of service standard. There is an increase in demand for potable water and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. The property will connect to the City’s sanitary system when it is made available, but the City’s sanitary sewer system can accommodate the additional wastewater that will be added to the system. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the boundaries of the subject property. The proposed Institutional (I) District is compatible with the single family residences to the west, north and east, and with the school to the south. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership line, existing improvements, and the natural environment. Community Development Board – February 17, 2015 Revised for City Council Meeting March 19, 2015 REZ2014-11005 - Page 8 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION REVIEW PROCEDURE: Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from the A-E, Agricultural Estate District (Pinellas County) to the Institutional (I) District (City). Prepared by Planning and Development Department Staff: Kyle Brotherton Planner II ATTACHMENTS: Resume Photographs of Site and Vicinity COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 17, 2015 Present: Chair Frank L. Dame, Vice Chair Norma R. Carlough, Board Member Richard Adelson, Board Member Brian A. Barker, Board Member Kurt B. Hinrichs, Board Member Michael Boutzoukas, Board Member David Allbritton, Alternate Board Member John Funk Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City Attorney, Michael L. Delk - Planning & Development Director, Gina Clayton - Assistant Planning & Development Director, Patricia O. Sullivan - Board Reporter A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. B. ROLL CALL: Chair Dame, Vice Chair Carlough, Members Adelson, Allbritton, Barker, Boutzoukas, Hinrichs, Alternate Member Funk, City Staff Member Carlough moved to approve the minutes of the regular Community Development Board meeting of January 20, 2015, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. D. CITIZENS TO BE HEARD, RE: ITEMS NOT ON THE AGENDA: None. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 - 4) 1. Case: FLD2014 -07021 - 1640 North Arcturas Avenue Level Two Application Owner: City of Clearwater (100 South Myrtle Avenue, Clearwater, FL 33756) Agent: Roger Johnson, City of Clearwater (100 South Myrtle Avenue, Clearwater, FL 33756; phone: 727 - 562 -4592; email: roger. ioh nson@myclearwater. com ) Location: 6.5 acres located on the west side of North Arcturas Avenue directly west of the intersection of North Arcturas Avenue and Sherwood Street. Atlas Page: 271A Existing Zoning: Institutional (I) District Request As noted in the regular agenda of the Community Development Board. Community Development 2/17/2015 Proposed Use: Public Facility Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Planner III See below for motion to approve. Pulled from Consent Agenda 2. Case: LUP2014 -11004 - 2930 County Road 193 (Related to ANX2014 -11024 and REZ2014- 11005) Level Three Application See below. Pulled from Consent Agenda 3. Case: REZ2014 -11005 - 2930 County Road 193 (Related to ANX2014 -11024 and LUP2014- 11004) Level Three Application See below. 4. Case: HIS2014 -12003 - 324 S. Ft. Harrison Avenue Level Three Application Owner /Applicant: Pinellas County, Florida Aqent: Mark S. Woodard, County Administrator (315 Court Street, Clearwater, FL 33756; Phone: 727 -464- 3093). Location: 1.137 acres located on the southwest corner of the intersection of Court Street and South Fort Harrison Avenue Atlas Page: 286B Zoning: Downtown (D) District. Request: As noted in the regular agenda of the Community Development Board. Existing Use: Governmental Use (Courthouse) Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Katie See, Planner III Member Allbritton moved to approve Case FLD2014 -07021 and to recommend approval of Case HIS2014 -12003 on today's Consent Agenda based on evidence in the record, including the applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Reports, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Community Development 2/17/2015 2 2. Case: LUP2014 -11004 - 2930 County Road 193 (Related to ANX2014 -11024 and REZ2014- 11005) Level Three Application Owner: St. Mary & St. Mina Coptic Orthodox Church Agent: City of Clearwater Engineering Department (100 South Myrtle Avenue, Clearwater, FL 33756) Location: 4.471 acres located on the northeast corner of County Road 193 approximately 590 feet south of Sunset Point Road Atlas Page: 264B Request As noted in the regular agenda of the Community Development Board. Type of Amendment: Small scale Proposed Use: Place of Worship Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Kyle Brotherton, Planner II Planner II Kyle Brotherton reviewed the staff report. Two residents spoke in opposition, stating that church activities disrupt the neighborhood, future ancillary uses were worrying, and the septic tank project did not warrant the zoning change. In response to questions, Assistant Planning & Development Director Gina Clayton said upon annexation, the City must rezone the property to be consistent with the City's comprehensive plan. She said Pinellas County had approved each request by the church to expand. After the property is annexed and depending on the application, either staff or the CDB (Community Development Board) will consider future requests for approval. Professional Engineer Jennifer Shannon reviewed the project to replace septic systems with City sewer service. Planning Manager Lauren Matzke said the City planned to annex the remainder of County Road 193 right -of -way in order to construct infrastructure improvements to include new sidewalk and a small stormwater project. The Paul B. Stephens School and nearby subdivision are in the City and receive City sewer service. Discussion ensued with comments that church noise was a separate issue and future expansion would require City approval. It was stated that replacing the septic systems will benefit the community and it was felt the project will not impact nearby residents. Ms. Clayton said after annexation, the City will handle noise complaints and code enforcement. The City had no information re any future church building plans. Concern was expressed that the project would not benefit City residents. It was stated the annexation will provide residents another level of protection not available to County residents. It was commented that the City's approval process considered project impacts, was more attuned to residential concerns, and was more stringent than the County's. Community Development 2/17/2015 3 Member Hinrichs moved to recommend approval of Case LUP2014 -11004 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. 3. Case: REZ2014 -11005 - 2930 County Road 193 (Related to ANX2014 -11024 and LUP2014- 11004) Level Three Application Owner: St. Mary & St. Mina Coptic Orthodox Church Agent: City of Clearwater Engineerinq Department (100 South Myrtle Avenue, Clearwater, FL 33756) Location: 4.471 acres located on the northeast corner of County Road 193 approximately 590 feet south of Sunset Point Road Atlas Page: 264B Request: As noted in the regular agenda of the Community Development Board. Proposed Use: Place of Worship Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Kyle Brotherton, Planner 11 Planner II Kyle Brotherton reviewed the staff report. Two residents spoke in opposition, stating the project was a waste of money, the subject septic tanks did not leak, neighbors did not request new sidewalks, church ancillary uses could negatively impact the neighborhood, and rezoning would not benefit the neighborhood. Member Barker moved to recommend approval of Case REZ2014 -11005 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Alternate Member Funk did not vote. Community Development 2/17/2015 4 F. Directors Item: (Item 1) 1. Recognition of Service: Board member Frank Dame Planning & Development Director Michael Delk thanked Chair Dame on behalf of staff for his years of service to the residents of Clearwater and members of the Community Development Board. Chair Dame said it had been an honor to serve the City and Community Development Board and a privilege to have served with his colleagues. He said much development had occurred during the last 8 years and Clearwater was now a world -class destination. G. ADJOURN The meeting adjourned at 1:50 p.m. Chair Community Development Board Community Development 2/17/2015 5 em //nor ac,2_,7_,L5— 2 ao/y- / /6vj NOTICE OF OPPOSITION TO ZONING CHANGE: ST. MARY AND ST. MINA COPTIC ORTHODOX CHURCH; COUNTY ROAD 193, CLEARWATER, FL To: PINELLAS COUNTY COMMUNITY DEVELOPMENT BOARD From: HOMEOWNERS OF CASTLE WOODS SUBDIVISION This Notice shall serve to reflect that the undersigned homeowners of Castle Woods Subdivision, located directly adjacent to St. Mary and St. Mina Coptic Orthodox Church hereby confirm our opposition to the requested zoning change to " Institutional ", which zoning change would have a significant and detrimental impact to our neighborhood, the value of our homes, and the overall quality of our peaceful and quiet neighborhood. NAME ADDRESS SIG TUR ii-b0 1-)01-=7 a.- 1 U / ' 0 4 e ., k a..1V - j-'-.‘,4 10„.6,1__,____ p/ IsL,of,s 1 — «J , i-. sue) r.. of i/ino, 14 reacitl (O IxYdo-i 411 A / iir,a" ,s7 lC r r' IaY d fl ott4 S.e- ,C(c1 I ii J 1,t/114/L k Sl (L',C (f( fl A c c0- f , d 4,a rQ J, U J 1 f <5( t^ - H( Or7 ` 4)i , i I m DI A ', J 1.13)/4,/ 1E3-1 C I 9-4/ , vs 1) r! n ", i C - ' 1 J ( \ a.) W 0 iC1,4 Jl_tP tAt k -IL; Li fr _ Y' !;,,. F.:L iC t (f, ) v t (It' j Z Z m- - r____ rErrhF,% .P36 i':t 1 e, lam( 0 _--kE'GCsi5 r tC+ , bO, h.:I 1.24:; A .\11k ' )z i r (e_Rob te to C'a s te tOa ..-. L % P.•9 _ LL Clearwater V Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 17, 2015 DATE: February 12, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting January 20, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 1) 1. Case: FLD2014-07021 — 1640 North Arcturas Avenue Case Presenter: Matt Jackson, P ner III Yes No LEVEL THREE APPLICATION (ITEMS 1 -3) 1. Case: LUP2014 -11004 — 2930 County Road 193 (Related to ANX2014 -11024 and REZ2014- 11005) Presenter: Kyle Brotherton, Planner II Yes No 2. Case: REZ2014 -11005 — 2930 County Road 193 (Related to ANX2014 -11024 and LUP2014- 11004) Presenter: Kyle Brotherton, Planner II Yes No 3. Case: HIS2014 -12003 — 324 S. Ft. Harrison Avenue Presenter: Katie See, Planner III Yes No I have conducted a ; on ' I , s ' io_ on on the personal site visit to the follo 'nR pr ' o erties. Signature: Date: 405- 00.1(24 is PRINT NAME S.1Planning DepartmentlC D BlAgendas DRC & CDBICDBI2015102 February 201511 CoverMEMO 2015.doc C ear wa er Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 17, 2015 DATE: February 12, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting January 20, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 1) 1. Case: FLD2014-07021 – 1640 North Arcturas Avenue Case Presenter: Matt Jackson, lanner III Yes No LEVEL THREE APPLICATION (ITEMS 1 -3) 1. Case: LUP2014 -11004 – 2930 County Road 193 (Related to ANX2014 -11024 and REZ2014- 11005) Presenter: Kyle Brotherton, Planner II Yes No 2. Case: REZ2014 -11005 – 2930 County Road 193 (Related to ANX2014 -11024 and LUP2014- 11004) Presenter: Kyle Brotherton, Planner II Yes No 3. Case: HIS2014 -12003 – 324 S. Ft. Harrison Avenue Presenter: Katie See, Planner III Yes I have conducted ap Signature: k_ i lion on the personal site visit to the following properties. No ra- afi k c, PRINT NAME Date: 2//•5-4.1 S: (Planning Department1C D BlAgendas DRC & CDBICDB12015102 February 201511 Cover MEMO 2015.doc LL ipaater U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 17, 2015 DATE: February 12, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting January 20, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 1) 1. Case: FLD2014-07021 — 1640 North Arcturas Avenue Case Presenter: Matt Jackson, Planner III Yes No LEVEL THREE APPLICATION (ITEMS 1 -3) 1. Case: LUP2014 -11004 — 2930 County Road 193 (Related to ANX2014 -11024 and REZ2014- 11005) Presenter: Kyle Bjotherton, Planner II Yes No 2. Case: REZ2014 -11005 — 2930 County Road 193 (Related to ANX2014 -11024 and LUP2014- 11004) Presenter: Kyle Brotherton, Planner II Yes No 3. Case: HIS2014 -12003 — 324 5. Ft. Harrison Avenue Presenter: Katie See, Planner III Yes No I have conducted a pe t nal investigation on the personal site visit to the following properties. PRI NAME Date: °—A/ 7 / / 5 S: (Planning Department\C D Bugendas DRC & CDBICDB12015102 February 201511 Cover MEMO 2015.doc Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, Pat Sullivan, Board Reporter SUBJECT: Agenda Items for February 17, 2015 DATE: February 12, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting January 20, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 1) 1. Case: FLD2014-07021 — 1640 North Arctu venue Case Presenter: Matt Jackson, Planner III Yes No LEVEL THREE APPLICATION (ITEMS 1 -3) 1. Case: LUP2014 -11004 — 2930 County Road 193 (Related to ANX2014 -11024 and REZ2014- 11005) Presenter: Kyle Brotherton, Planner II Yes No 2. Case: REZ2014 -11005 — 2930 County Road 193 (Related to ANX2014 -11024 and LUP2014- 11004) Presenter: Kyle Brotherton, Planner , No VYes 3. Case: HIS2014 -12003 — 324 S. Ft. Harrison Ave a Presenter: Katie See, Planner III I have conduct Signature: Yes No investi ion o e ersonal site visit to the oMowin ro i erties. 1161.0 V Date: PRINT NAME S: (Planning DepartmentlC D BlAgendas DRC & CDB1CDB12015102 February 201511 CoverMEMO 2015.doc Planning & Development Department rung Atlas Amendment A lication ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 1S COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. THE APPLICANT, BY FILING THIS APPUCATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: 775 Rezoning Only 0 if submitted concurrently with corresponding Future Land Use Map Amendment {FLUM Amendment fee inclusive of rezoning) PROPERTY OWNER(S) St. Mary & St. Mina Coptic Orthodox Church PER DEED): MAILING ADDRESS: PO Box 17566, Clearwater, FL 33762 PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: City of Clearwater - Applicant MAILING ADDRESS: 100 S Myrtle Avenue, Clearwater, FL 33756 PHONE NUMBER: (727)562-4567 EMAIL: ADDRESS OF SUBJECT 2930 County Road193, Clearwater; FL 33759 PROPERTY applicable): PARCEL NUMBER(S): 05-29-16- 00000-410-0400 LEGAL DESCRIPTION: South 4 of northwest X of northeast Y.. of southeast % less road contains 4.6 ac EASON I JR REQUESTED Request for zoning atlas amendment from A -E, Agricultural Estate Residential to AMENDMENT: Institutional (I) to allow for a Church. An annexation has also been requested. Planning & i evelnpment Department. 100 S. Myrtle Avenue, Clearwater, FL. 33756, Tel: 727-562 -4567, Fax: 727 - 562-4865 Page 1 of 6 Revised 03/12 Planning & Development Department Zoning Atlas Amendment Application Submittal Package Checklist IN ADDITION TO THE COMPLETED ZONING ATLAS AMENDMENT APPLICATION, ALL ZONING ATLAS AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT iNauDEs THE FOLLOWING: O Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating ownership) [Note: Submit two copies only at time of original application] U Legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida is required. O A copy of deed restrictions applicable to the property to which the City is a party. C-3 Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-602.F. The attached Zoning Atlas Amendment Standards for Review sheet shall be used to provide these responses. O Note: Any request for Zoning Atlas amendment which is inconsistent with the Comprehensive Plan Future Land Use Map designation must be accompanied by an Application for a Future Land Use Map Amendment (separate application). U A Traffic Impact Study is not required as part of the application for an amendment to the Zoning Atlas REZ). A Traffic Impact Study may be provided at the applicant's discretion to supplement the assessment of the impact of the proposed change on the adequacy of public facilities (existing roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development review if the total generated net new trips generated by the proposed development meet one or more conditions outlined on the appropriate application. LI PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public hearings scheduled for the proposed amendment including public hearings before the Community Development Board and City Council. Planning a Development Department. 100 S. Myrtle Avenue, Ctearwater FL 33756, Tel: 727-5624567:" Fax 727-562-4865 Page 3 015 Revised 03/12 C Planning & Development Department learwater Zoning Atlas Amendment Affidavit to Authorize Agent/iZepresentative 1. Provide names of all property owners on deed —PRINT full names: stasi.Aryg, St Minz. Coptr arthc0/0, rhurrh 2. That (I arn/we are) the owner(s) and record title holder(s) of the following described property: ze3o Cc 't Road 193, Cleaswater, Ft 33759 3. That this property constitutes the property for which a request (Or (describe reouest): A /L.Drlirtg. atlas a--..44id..nkmt bDm A-E, Agricultural Estziti, Rr-cdpntlal tolnstitet;:?-”,41l1) to atiow tor a cihtren. 4. that the undersigned (has/have) appointed and (does/do) appoint covotliear,ivate, as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; S. Th.lt this affidavit has been executed to induce the city of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representats in order to process this application and the owner atnhori2e5 City representatives to VISA and photograph the properly described in this a pplication; 7. That flivie), the undersigned authority, hereby certify that the foregoing is true and correct. atoS AA k Property Ovate Property net STATE Of FLORIDA, COI...RON OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULYCOMMSSONW BY THE LAW', Of 111E C TATE Dr FLORIDA, ON 11115 7 DAy oF CC 2 PERSONALLV APPEARE 2Ft.73, k • ; ji NILLA7Lr WHO HAVING OE EN FIRST DULY SINEWN UNDERSTANDS THE CONI E Or THE PS F1DAV r THAT HE/SHE SIGNED Notary Po ic Signature My Commiss4.n Expires. 9 Noperty Owner Notary SealiSta P Ptanntng 8 Divolopp,ent Dprt 100. S. Myrtle AVVI,U1:, ClearWAvf, FL. 33756. let 727.5E1 Frot: 72 $62 4a56 Page 5015 Revised 03112 256A ate Q Pnp 4 by: etm6 o.P.n.nncOaog01TechnologywsbntseS. MYratAn. Crxrv464t, rL 99759PP021)1411.4M, ear: I71915n.r55 woe.:My libalwNar.cort nac.ra+ ascvomrew 'Irodayn. ,11.:wm4 wxsw 004.0.4 CaysNqMaIONMany 200 100 0 F. 200 Legend Address MHP Lot Number i12.sr $r.bdivision/CondO NumberRefertoPlat) Black Number Sub- Parcel Number Peres! Number (tMBB) Land tbob (Common Ownership)1 Platted Subdivision Boundary Lot Ownership line Original Platted Lot Lire Unincorporated Agreement to Annex Private Rcad J MHP Lot Lii Traits Buiding Footprint Owned Property: Vacant Parks & Recreation Area Improved Leasehold CMOwned HOUSE ATLAS dated: 33129/2014 2648 Property Appraiser General Information Page 1 of 7 interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Home Page Contact is WM Portability Calculator 05-29-16-00000-410-0400 Compact Property Record Card Data Current as of October 29, 2014 nershp/Mailing Address ST MARY & ST MINA COPTIC ORTHODOX CHURCH PO BOX 17566 CLEARWAI ER FL 33762-0566 RadiusEmailPrint Scatcli Address (First Building) 2930 COUNTY ROAD 193 Uninco orated Jump to building: r(j) 2930 COUNTY ROAD 193 Improvement Value per F.S. 553,844 Property Use: 7153 (Church, Church School, Church Owned Building (Parsonage Living Units: code 0110), Salvation Army, Missions) 0 click here to hide] Legal Description S 1/2 OF NW 1/4 OF NE 1/4 OF SE 1/4 LESS RD CONT 4.6 AC 2015 Exemptions File for Homestead Exemption 2015 Parcel Use 1Homestead: No Institutional: Yes Government: No pistoric: No mestead Use Percentage: 0.00% Parcel Information n-Homestead Use Classified ercentage: 100.00% Agricultural: No 2014 Notice of Proposal Property Taxes (TRIM Notice) Most Recent Recording Sales Comparison Census Tract Evacuation Zone fNOT the Millie liS a FENIA ou zone' Plat o age 09389/1242 n Sales Quer, 121030268041 A Year Just/Market Value 2014 $3,355,655 Year 2013 2012 2011 2014 Interim Value Information Assessed Value/ County SOH Cap Taxable Value 3,355,655 $0 School Taxable Value SO Municipal Taxable Value 0 Iclick here to bidet Value History as Certified (yellow indicates correction on file) Sc iool Taxable Value 3,171,682 $3,171,682 $0 $0 3,066,656 $3,008,180 $0 $0 2,734,709 $2,734,709 $0 $0 flome stead JustiMarket Assessed Value County Exemption Value SOH Cap Taxable Value http://pcpao. general.php?strap-=162905000004100400 lank-ire! Taxable Value 0 0 0 10/30/2014 MEETING DATE: AGENDA ITEM: CASE: REQUEST: GENERAL DATA: Applicant / Owner Location. Property Size ANALYSIS: Site Location and Existing Conditions: This case involves a 4.742-acre property located on County Road 193, approximately 590 feet south of Sunset Point Road. The parcel is owned by St. Mary & St. Mina Coptic Orthodox Church, which currently operates out of four buildings on the site. The church was originally built in 1932, with subsequant additions in 1965, 2000, and 2008. The parcel is within Pinellas County's jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2014-11024) which is being processed concurrently with this case at the March 19, 2015 City Council meeting. Request: The request is to change the property's Zoning Atlas designation of A-E, Agricultural Estate (Pinellas County) to Institutional (I) City). The applicant is also requesting to amend the property's Future Land Use Map designation from Residential Low (RL) to the Institutional (I) designation (see concurrent case LUP2014- 11004). This parcel is within an area where the City of Clearwater's Public Utilities Department is expanding sanitary sewer service, and in order to connect to the system when it is constructed, the parcel must be in the City. Currently, the City's Community Development Code only allows places of worship within the Institutional (I) District, which is consistent with the Institutional (I) future land use category. Therefore, this amendment is required at the time of annexation so that the church may continue operating as a conforming use. The church does not have any plans of redeveloping or expanding at this time. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT February 17, 2015 F.2. REZ2014-11005 To amend the Zoning Atlas designation from A-E, Agricultural Estate Residential (Pinellas County) to Institutional (1) (City). City of Clearwater Engineering Department St. Mary & St. Mina Coptic Orthodox Church 2930 County Road 193, approximately 590 feet south of Sunset Point Road 4.472 acres AERIAL PHOTOGRAPH K2. Vicinity Characteristics: The property is surrounded by single family homes to the north and east. The properties to the west of the church are owned by Sylvan Abbey Memorial Park, and are developed with various uses, including a single family home, place of worship, and funeral home. To the south is Paul B. Stephens Exceptional Student Education Center. Approximately 945 linear feet, or 50 percent of the perimeter property boundary, abuts properties with a Zoning Atlas designation of Low Medium Density Residential LMDR). The remainder abuts properties zoned Institutional (I) and Agricultural Estate Residential A-E) (Pinellas County) (see Figure 1 below). Abutting Zoning Atlas Designations Low Medium Density Residential (LMDR) Institutional Agricultural Estate Residential (A-E) Pinellas County) Figure 1 A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table I below. PLANNING & DEVELOPMENT LONGRANGE DIVISION EXISTING SURROUNDING USES MAP Community Development Board — February 17, 2015 REZ2014-11005 - Page 2 of 8 Y Clearwater Levet III Zoning Atlas Amendment Application Review Table 1. Surrounding Future Land Use and Zoning Designations PLANNING & DEVELOPMENT LONGRANGE DIVISION Direction Existing Use(s) 1 ?xisting ( onchti n. FLUM Designation Zoning Atlas Designation North: Single Family Residential Residential Low (RL) Low Medium Density Residential (LMDR) East: Single Family Residential Residential Suburban(RS) Low Medium Density Residential (LMDR) Institutional (I) South: School Institutional (I) West: Single Family Residential, Sylvan Abbey Funeral Home Institutional (I) Agricultural Estate Residential A -E) (Pinellas County) REVIEW CRITERIA: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4- 602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4- 602.F: Table 2. Consistency with Community Development Code Standards CDC Section 4-602 Standard Consistent Inconsistent F.I F.2 F.3 F.4 F.5 F.6 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes ofthis Development Code and other city ordinances and actions designed to implement the plan. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. The amendment does not conflict with the needs and character ofthe neighborhood and the city. The amendment will not adversely or unreasonably affect the use of other property in the area. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X X X X X X Community Development Board — February 17, 2015 REZ2014 -I 1005 - Page 3 of 8 Clearwater Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4- 602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.7 The City shall ensure the efficient delivery of urban services and unified land use and property maintenance standards, as well as foster community identity and reduce sources of environmental contamination through the annexation of unincorporated properties within the Clearwater planning area. Policy D.1.2.1 Sewer services shall not be extended to properties outside the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by theClearwaterCityCouncil. Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed Institutional (I) District is compatible with the single family residential uses and with the school. The proposed amendment will allow for the property to continue to be utilized by the church as a conforming use. The proposed amendment will allow for the property to continue to be utilized by the church as a conforming use. The property will be able to connect to the City's sanitary sewer service, which will help reduce environmental contamination caused from septic tanks. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Compatibility with Surrounding Property /Character of the City & Neighborhood [Section 4- 602.F.2, 4- 602.F.3 and Section 4- 602.F.4] Recommended Findings of Fact: Single family homes lie to the north and to the east of the property. To the south is Paul B. Stephens Exceptional Student School. The properties to the west and northwest of the church are owned by Sylvan Abbey Memorial Park, and are developed with various uses, including a single family home, Sylvan Abbey United Methodist Church, and the Sylvan Abbey Funeral Home. Community Development Board — February 17, 2015 REZ2014 -1 1005 - Page 4 of 8 Clear1`T atel Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION The proposed Institutional (I) District primarily permits institutional uses, such as churches and schools. The intent of the Institutional (I) District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and goods within the City ofClearwater. The Institutional (I) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The proposed Institutional (I) District will allow the site to continue to be used as a church. As such, the proposed amendment will allow development that is in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Sufficiency of Public Facilities [Section 4- 602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential ofthe property under the present Future Land Use Map designation and the present and requested Zoning designation were analyzed. Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis, sufficiency of public facilities is based on the Future Land Use Map designation. Table 3. Development Potential for Existing & Proposed FLUM 1 Site Area Present F1.1 N1 I)c,ignation KL .. 4.472 AC 194,800 SF) lteque ted I'LL *1 Designation 1.. 4.472 AC 194,800 SF) v V Net Change Existing Development 30,287 SF 30,287 SF Maximum Development Potential 22 DUs 77,920 SF 0.40 FAR 55 DUs 126,620 SF 0.65 FAR 33 DUs 48,700 SF 0.25 FAR Abbreviations: FLUM — Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet The request for amendment to the Institutional (I) Future Land Use Map classification would increase the amount of development potential allow on the subject property, as shown in Table 3; however, the City's Community Development Code limits development within the Institutional I) District to nonresidential or residential equivalent uses. The current use of the subject Community Development Board — February 17, 2015 REZ2014 -11005 - Page 5 of8 Clearwater Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION property is a 30,287 SF place of worship (four buildings) for which there are no current redevelopment plans; therefore, there is no anticipated increase in demand of public facilities and services. The following public facilities analysis is based on the maximum nonresidential development potential allowed in order to assess the maximum possible impact on public facilities. As shown in Table 4, which compares the maximum impact under the existing and proposed future land use designations, the proposed change would result in an increase in demand of public facilities and services, but would not degrade them below acceptable levels. Table 4. Public Facilities Level ofService Analysis This property is not currently connected to the City's sanitary sewer service, but will be connected when it is made available through the City's CR 193 Sanitary Sewer System Extension Project. Based on the actual size of the buildings on site, new wastewater generated is expected to be approximately 1,574 gallons per day (GPD), which is less than what could be generated by a development if built out as allowed by the Residential Low (RL) future land use designation. The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 91h Edition. The table shows an increase of 46 PM Peak Trips when comparing a church constructed under the maximum development potential of the proposed Institutional (I) future land use classification with Institutional (I) zoning to the maximum development potential of the existing Residential Low (RL) future land use classification with A -E zoning (Pinellas County). However, since the use on the subject property is not changing, there is no increase in PM Peak Trips expected to be generated as a result of this amendment. Community Development Board — February 17, 2015 REZ2014 -11005 - Page 6 of 8 b1avinitim Polcntial I'aciliticscrsices Present FLUM Designation "RL" Impact to Public Requested FLUM Designation "1" Net Chan_e Capacity Available? Public Facility /Service Streets 224 Trips' 465 Trips' 241 Yes Potable Water2 5,728 GPD3 12,662 GPD3 7,384 Yes Wastewater2 5,155 GPD3 10,129 GPD3 4,974 Yes Solid Waste 55.8 Tons /Year 101.2 Tons/Year 45.4 Yes Parkland2 0 Acres4 0 Acres4 0 Yes Notes: 1. Based on average da Residential Institutional 2. Analysis based on utilization 3. GPD — Gallons per day. 4. Based on 4.0 acres of ly trips per acreage figure, Pinellas County Countywide Plan Rules. Low (RL) — 50 vehicle trips per day per acre. 1) — 104 vehicle trips per day per acre rates for religious /civic facilities, which are nonresidential uses. parkland per 1,000 persons and 2.2 persons per unit. This property is not currently connected to the City's sanitary sewer service, but will be connected when it is made available through the City's CR 193 Sanitary Sewer System Extension Project. Based on the actual size of the buildings on site, new wastewater generated is expected to be approximately 1,574 gallons per day (GPD), which is less than what could be generated by a development if built out as allowed by the Residential Low (RL) future land use designation. The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 91h Edition. The table shows an increase of 46 PM Peak Trips when comparing a church constructed under the maximum development potential of the proposed Institutional (I) future land use classification with Institutional (I) zoning to the maximum development potential of the existing Residential Low (RL) future land use classification with A -E zoning (Pinellas County). However, since the use on the subject property is not changing, there is no increase in PM Peak Trips expected to be generated as a result of this amendment. Community Development Board — February 17, 2015 REZ2014 -11005 - Page 6 of 8 z Clearwater Level III Zoning Atlas Amendment Application Review Table 5. Trip Generation Comparison by Zoning Atlas Designation PLANNING & DEVELOPMENT LONG RANGE DIVISION Land Use Development Potential Avg. Daily Trips Net Change Avg. Daily Trips PM Peak Trips Avg. Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: A -E (Pinellas County) Existing Church' z 9.11 trips/1,000 SF GFA) 30,287 SF 276 N/A 0.94 29 N/A Church' 9.11 trips /1,000 SF GFA) 77,920 SF3 710 N/A 0.94 73 N/A Proposed Designation: Institutional (I) District Church' 9.11 trips /1,000 SF GFA) 126,620 SF4 1,154 444 0.94 119 46 Abbreviations and Notes: N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area 1. Institute ofTransportation Engineer's Trip Generation 0 Edition Land Use 560 2. Size ofcurrent development (four buildings) on site per the Pinellas County Property Appraisers Office 3. Floor area ratio permitted by the RL Future Land Use Map category is 0.40. 4. Floor area ratio permitted by the I Future Land Use Map category is 0.65. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the additional traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. This segment of Sunset Point Road is currently operating at a Level of Service B, which is above the adopted roadway level of service standard. There is an increase in demand for potable water and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. The property will connect to the City's sanitary system when it is made available, but the City's sanitary sewer system can accommodate the additional wastewater that will be added to the system. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Location of District Boundaries [Section 4- 602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the boundaries of the subject property. The proposed Institutional (I) District is compatible with the single family residences to the west, north and east, and with the school to the south. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership line, existing improvements, and the natural environment. Community Development Board — February 17, 2015 REZ2014 -11005 - Page 7 of 8 Clearwater Level III Zoning Atlas Amendment Application Review REVIEW PROCEDURE: PLANNING & DEVELOPMENT LONGRANGE DIVISION Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from the A -E, Agricultural Estate District (Pinellas County) to the Institutional (I) District (City). Prepared by Planning and Development Department Staff: ATTACHMENTS: Resume Photographs of Site and Vicinity Community Development Board — February 17, 2015 REZ2014 -11005 - Page 8 of 8 KyliBrotherton Planner II Kyle Brotherton 3660 E Bay Dr. Apt 211 1 Largo, FL 33771 330) 687-73971 kyle.brotherton@myclearwater.com Education The Ohio State University, Graduated December 2013 Bachelor of Science in City and Regional Planning, 3.014 Major GPA Experience City of Clearwater Clearwater, FL 1 June 2014 - Present Planner II Assist residents with annexing into the City, use appropriate software to track the workflow Review current and future land use maps Research and review comprehensive plans and special use districts The Men's Wearhouse Columbus, OH 1 March 2014 - May 2014 Customer Service Associate Assisted wedding parties with booking of rental tuxedos and styles, took measurements of those needing fitted Sold customers on the benefits of enrolling into the "Perfect Fit" rewards program City of Bexley Bexley, OH 1 June 2013- August 2013 Planning Intern Created a redevelopment plan for the Livingston Avenue Area using InDesign, Photoshop, and SketchUp Recommended policy changes, implementation steps, four development scenarios, and zoning changes Predicted potential increases in tax revenue over current tax revenue for each scenario Skills Software: MS Office, Adobe Creative Suite 6: Photoshop, InDesign, Illustrator, Trimble: SketchUp Planning: Complete Streets, Comprehensive Planning, Urban Planning, Mixed Use, Planned Unit Developments Projects Healthy Food Access Studio Columbus Public Health Department, Columbus, OH Created a plan to help provide better access to healthy food within under - served neighborhoods Interviewed convenience store owners to determine ifresidents had access to healthy foods Helped with final compilation of the plan to present to the health department using InDesign Canal Winchester Comprehensive Plan Studio Canal Winchester, OH Gathered public input, researched existing conditions and market trends Created a plan to better connect the historic downtown to the new suburban development Lead the final production of the plan utilizing InDesign for the presentation to city members Personal Websites Website: www.kyleebrotherton.wix.com /kb- resume - portfolio LinkedIn: http: / /www.linkedin.com /pub /kyle - brotherton /5a/306/a54 View looking north at the subject property, 2930 County Road 193 West of the subject property East of the subject property View looking westerly along County Road 193 Across the scree to the south ofthe subject property View looking easterly along County Road 193 LUP2014- 11004, REZ2014 -11005 St. Mina & St. Mary Coptic Orthodox Church 2930 County Road 193 2930 COUNTY ROAD 193 REZ2014 -11005 St. Mary & St. Mina Coptic Orthodox Church oning: Institutional Atlas #: 264B Planning & Development Department mning Atlas Amendment Application ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPUCATION. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: PROPERTY OWNER(S) PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: 775 Rezoning Only 0 If submitted concurrently with corresponding Future Land Use Map Amendment (FLUM Amendment fee inclusive of rezoning) St. Mary & St. Mina Coptic Orthodox Church PO Box 17566, Clearwater, FL 33762 AGENT OR REPRESENTATIVE: City of Clearwater - Applicant MAILING ADDRESS: 100 S Myrtle Avenue, Clearwater, FL 33756 PHONE NUMBER: (727)562 -4567 EMAIL: ADDRESS OF SUBJECT 2930 County Road 193, Clearwater, FL 33759PROPERTY (if applicable): PARCEL NUMBER(S): 05- 29 -16- 00000 - 410 -0400 LEGAL DESCRIPTION: South 14 of northwest % of northeast '' /+ of southeast 1/4 less road contains 4.6 acres REASON FOR REQUESTED Request for zoning atlas amendment from A -E, Agricultural Estate Residential to AMENDMENT: Institutional (I) to allow for a Church. An annexation has also been requested. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 5624567; Fax: 727 - 562 -4865 Page 1 of 5 Revised 03/12 CJearwater Planning & Development Department Zoning Atlas Amendment Application PLEASE ENSURE THAT THE FOLLOWING INFORMATION 15 FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. FUTURE LAND USE PI N DESIGNATION PRESENT: Residential Low (RL) REQUESTED: Institutional (I) ZONING DISTRICT PRESENT: A -E Agricultural Estate Residential REQUESTED: Institutional (I) SITE AREA: 194,756 sq. ft. MAXIMUM ALLOWABLE DENSITY /INTENSITY(5) : Current /Existing 5 units /acre Future Land Use(s): 0.40 FAR Proposed Future Land Use(s) (if applicable): 12.5 units /acre 0.65 FAR units, rooms or beds per acre or non - residential square footage) 4.471 acres USE(S): Existing (currently on site or previous use if vacant): Proposed (new use, if any; plus existing if to remain): ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Low Medium Density Residential (LMDR) South: Institutional (I) East: Low Medium Density Residential (LMDR) West: A -E, Agricultural Estate Residential (County) Church Church STATE OF FLORIDA, COUNTY OF PINELLAS 1, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application Il Sworn to and subscribed before me this . l eV. A u Signe,ture of property owner or representative heat day of to me and /or by who is personally known has produced as identification. 1 w ,wwe, 4 . AnneMarie Wills I Notary ubiic, My comrr`tission expires: ti EXPIRES: NOV 24,2016 www.A4RotiNorAar.wm Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727-562-4865 Page 2 of 5 Revised 03112 Clearwater Planning & Development Department Zoning Atlas Amendment Application Submittal Package Checklist IN ADDITION TO THE COMPLETED ZONING ATLAS AMENDMENT APPLICATION, ALL ZONING ATLAS AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING: Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating ownership) [Note: Submit two copies only at time of original application] Legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a and surveyor currently registered in the State of Florida is required. A copy of deed restrictions applicable to the property to which the City is a party. Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4- 602.F. The attached Zoning Atlas Amendment Standards for Review sheet shall be used to provide these responses. Note: Any request for Zoning Atlas amendment which is inconsistent with the Comprehensive Plan Future Land Use Map designation must be accompanied by an Application for a Future Land Use Map Amendment (separate application). A Traffic Impact Study is not required as part of the application for an amendment to the Zoning Atlas REZ). A Traffic Impact Study may be provided at the applicant's discretion to supplement the assessment of the impact of the proposed change on the adequacy of public facilities (existing roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development review if the total generated net new trips generated by the proposed development meet one or more conditions outlined on the appropriate application. PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public hearings scheduled for the proposed amendment including public hearings before the Community Development Board and City Council. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562- 4567; Fax: 727 - 562 -4865 Page 3 of 5 Revised 03/12 Clearwater Planning & Development Department Zoning Atlas Amendment Standards for Review PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS ZONING ATLAS AMENDMENT. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City Ordinances and actions designated to implement the Plan. The proposed amendment is consistent with Goal A4. Policy A.6.2.1 and Objective B,1.4. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. The intent ofthe Institutional zoning district is to establish areas where public and private organizations can establish and operate institutions with a public interest without adversely impacting the integrity of adjacent residential neighborhoods. Institutional use is an appropriate use of the property and is compatible with existing planned uses. 3. The amendment does not conflict with the needs and character of the neighborhood and city. The amendment does not conflict with the needs and character of the neighborhood and the City. The zoning change to Institutional is consistent with the existing church. This change will allow for consistency for the concurrent annexation of the property_ 4. The amendment will not adversely or unreasonably affect the use of other property in the area. The amendment will not adversely or unreasonably affect the use of other property in the area. The existing single family homes and the school will be able to enjoy complete and total use of their property. The Church has been a good neighbor and is considerate ofthe people that live in the area. 5. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. The amendment will not adversely burden public facilities. The property will receive solid waste and sanitary service once annexed into the city. It is anticipated that there will not be a significant increase in demand. 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. The district boundaries are appropriately drawn. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727- 562 -4865 Page 4 of 5 Revised 03/12 Cleamter Planning f6 Development Department Zoning Atlas Amendment Affidavit 'e/rese etoAuthorizeAgent/Representative 1. Provide names of all property owners oo deed — PRINT full names: wary & sr. Coptir Orthodox Church 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2y3o County Road /*\ Clearwater, assnm 3. That this property constitutes the property for which a request for (describe request): 4. Tht the underigned (ha/have) appointed and (doe'/do) anpcnt Lay Clr-arwater as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City ofClearwater, Florida to consider and aCt on the above described property 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (l/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Ownet Property Owner Property Ownr:1 l4 STATE cv FLORIDA, COUNTY cmp/wELma BEORE ME THE UNDERSIGNED. AN OCER DUi COMM'SON€C) 0Y rHE LAW, OF IFIE STATE or FLORIDA, ow PERSONALLY APPEAREDTHIS atm Ptees —_- Nom 60.60 geo CODOWSMs 0 Etmem ecolos Thom. 00issi MIMa 4 ~- ^ = a,ySeal/Stznr WHO HAVING BE EN FIRST DULY SWORN UNDERSTANDS THE CONTE NTS. OF THE AFFIE)Alir THAT HE/SHE SIGNED, y/ 1/-/'1c/2 Planning um~lopm,*o"vmrt-n°":. 100a Myrtle Aven4e, Clearwater, rLo756, Te,r27-so-AS5r; F:IX:,27'e2-4m6S Page 5a S Revised 03112 f INST ii 96- 179205 JLY 1, 1996 5:26PM r., p ID Number. 05- 29 -16- 00000 - 410 -0400 Grawsc 11 71N: Warranty Deed PINELLAS COUNTY FLA. OFF,REC.BK 9389 PG 1242 This Indenture, MadcIhis 14th4ayof June,t996A.o.. Qetwten Charles J. Eufemia and Joyce M. Eufemia, husband and wife, , , • t gral inrs; ants _ t t oltheCovntyaf PINELLAS suteol Florida St. Mary and St. Mina Coptic Orthodox Church, chose addseu ;s:P.O. BOX 17566, CLEARWATER, Florida 34622 ofthe Countyof PINELLAS sated Florida ,gpn{ct, Witnesseth tai the OR5X1'Oti. for and inconsideration ofthe sumo( — — — ,T TEN & NO/100($10.00) Di 'LIARS. and whet rood and valuable ...aideratios to GIL55:rORS in hand paidby C,RA \'nil:. thehis ;perhercof is l,11yaeknowk•Ign4. have Crafted, bmy incdand odd tt the said GRANTEE and GRANIliI S oo u I .signs lutev*,. $oltuwln ecsesibedland. 'Atom lyingaidtoting inthe Conroy of PINELLAS Suter( FIOfidl4Fowl(: The south 1/2 of the West 1/2 of the Noith'1 /2' of the Northeast 1/4, of the Southeast 1/4 of Sectl.ipn 5,' wndhip.29 south, Range 16 East, Pinellas County, Florida. `,LESS ANb EXCEPT road right of way. sss anJ,the`vonlon -dd horehy laity In ` VI'itnes3J Sigaril..ir F MARY . ' :,R ; nlfi - ^in2 1 aarrant thetitletosaid land. and rill defrad thesame agairut lawivlclaimsaMI persons sth.mstcvcr. the ga.. ors have hereunto set their hands and seals /hc Jay and )wu first ulna. RSence: Printed Name. H. L r Name: S4.zm wmot. t_ p,A.• Ch • e P.o. A Eufemia 2930Cavalry Road 193. C1J.IRWA'11'.I1. FL 34619 al;tun, Scat) 4ca1) Jo ce M. Eufemia P.O. ntldrsss 1930 Gnntnj Road 193. CI.P.ARWnt lilt. FL 34619 STATE OF Florida COUNTY OF PINELLAS lac (locoing instrument was acknuwlcJged before The this 14th Charles J. Eufemia and Joyce M. Eufemia, whoart penonally knownto me .o who boos prodw,J tbe;r U . S Thisaxiom Prepared R)- Swarm P. Levine, Atbtmcy N(R'111W(N)1) Ind a.nicle SUZA NE F. L6vlu : za ( e F. LevineC: vey Pcb e, Slata 01 C; ' 2519McMUI.IPaII00111 111)AU5Ufn41tk• : .()T Rl11L'111.1C r1JnLwnn!R 1uQ1 c11ra7;.acc31 ulCom'r.,htn Farms: 09/21/9 Joy of June, 199 husband and wife, licenses eat, at; t 255A 255B T 256A arwater PreparedDepartmentp Engineering ec INviGeographic A e, Glea watt w FLl 03100S. 07)33 -471. Fax: arra27) FL 4106Ph: (7twww.MyCIfll *01.corn 765 www.MyCtaarwaNr.com wulain• b.0afbdo...b.„ datau bam.n.dbyn. CyofCU...., F.pU.at.p D.ponmen 4, .at b. ...MO and oa.dby w ,.01 .n .W d,. U,a.,40,s,p pU(M4Y. ,.t b.dwa .oM.J d M porpba• bl d.uCkpn0 • r . w AM.aNN or toy., ocoormou oompliol•noli nnobMS. or .u0.bHr of ,a Oda loy soy r bulk., ow. IsuM.rmu,.. p. Cy of CU.,v., unman no babalr aMtaoo f .s.bcUUd rn a• un orMao. • such d•U. YN r.. Wu..wm..,. 0 w.,....o... ww*b. 2* Wooers. .,rwwwcmaa....r . caawn afa.a.... u,.rr....dcaa.r.... 0, IC7 Sr :Aro 200 100 0 200 Feet Legend 1:34 Address MHP Lot Number 1734s Subdivision /Condo Number Refer to Plat) O Block Number Sub - Parcel Number Cp Parcel Number (M &B) Land Hook (Common Ownership) Platted Subdivision Boundary Lot Ownership Line Onginal Platted Lot Line Unincorporated Agreement to Annex Private Road / MHP Lot Line Trails Building Footprint City Owned Property: Vacant Parks & Recreation Area Improved Leasehold CRA Owned lCko 273A 2736 j: 1110 1 HOUSE ATLAS Updated- 9/29/2014 SE 1/4 of 5 -29 -16 264B Clearwater Geogr•phicTechnology Division 1005. MyrtleAve, Clearwater, rt. 33755 Ph. (727)1524750, Far R27025-5765 svoneliyClearwster.corn CO.dairnor 7104014004*14044444.00004100.4070000701 Gleam. &VMS, 0070r004r0, .01404*! Occoprod sod mood 07 rriciplool Ow uolorstor.no 0401444144 moanone caner /or No armoror ekvo.a0ing • pox.. Oo.o.y. 44 4000. OPI. 047 00.0.4.004.044 no mann arra/ a rop.... 0. renown., Ow no, os, nalatillly, or 040•000y or 44. Orna be anyWONAVM. too For00rm0I0 04 CO orCloon..../ vanno otAty oloOsoovor 06sotiolod *OA um Or 04..us• or soon 0No Weige. wrymalow,* no host14.Nranelion oenNne-Nle limaeairate... "INANe ooar, InnelieleenevaSender W-n<> E !n lin!=l 200 100 0 200 5 Peel Legend City Owned Property Agreement to Annex Transferof Development Righls SUB NUMBER (1 - Refer to P(at) 0 BLOCK NUMBER 0 SUB PARCEL NUMBER PARCELNUMBER (M88) LAND HOOK (COMMON OWNERSHIP) PLATTED SUBDIVISION BOUNDARY M COUNTY HIGHWAY e STATE HIGHWAY 0 U.S. HIGHWAY Trails Unincorporated Enclave Unincorporated Outside ofClearwater Service Area Zoning Legend RESIDENTIAL DISTRICTS 1C4S • LonDenneyRNM.01LIADIS • LowLeedom Densey Reside/1nel MON • ManDensityResidenoel NADA r NamMMA ennany Reselentet p•oer inghOenelly Rein:NNW IONA • WAN. Name noor CRNCOD • Coechmen RotaNeighborhood Consenretan Overlay Oolriel VICO° .1.00401141IN Neighbor.. Conservsnan Oveney Dan. COMMERCIAL DISTRICTS SPECIALVSE DISTRICTS 0 - °Nee T • Touren+ C • Commercial 0.0001440401 INT • lalnal. woe. NOTNAN. I • Inuranal 05/R • Open5rosennecreananel Nen. nom Zoning Atlas Updated: 9129/2014 SE 1/4 of 5-29-16 264B Property Appraiser General Information Page 1 of 7 Interactive Map of this parcel Sales Ouery Back to Ouery Results New Search Tax Collector Home Page Contact Us WM Portability Calculator 05- 29 -16- 00000 - 410 -0400 Compact Property Record Card Data Current as of October 29, 2014 Radius Email Print Sc arch Ownershi /Mailin ' Address Site Address (First Buildin . ) ST MARY & ST MINA COPTIC ORTHODOX CHURCH PO BOX 17566 CLEARWATER FL 33762 -0566 2930 COUNTY ROAD 193 Unincorporated) Jump to building: 1) 2930 COUNTY ROAD 193 v Improvement Value per F.S. 553.844 Property Use: 7153 (Church, Church School, Church Owned Building (Parsonage Living Units: code 0110), Salvation Army, Missions) 0 click here to hide] Legal Description S 1/2 OF NW 1/4 OF NE 1/4 OF SE 1/4 LESSRDCONT4.6AC 2015 Exemptions File for Homestead Exemption 2015 Parcel Use Homestead: No Government: No Institutional: Yes Historic: No Homestead Use Percentage: 0.00% Percentage: Use 100.00% Classified Agricultural: No Parcel Information 2014 Notice of Proposed Property Taxes (TRIM Notice) Most Recent Recording Sales Census Tract Evacuation Zone NOT the same as a FEN1A Plat Book/Pa geComparisonFloodZone) 09389/1242 ® Sales Query 121030268041 A Year lust /Market Value 2014 $3,355,655 2014 Interim Value Information Assessed Value/ County SOH Cap Taxable Value 3,355,655 $0 School Taxable Value 0 Municipal Taxable Value 0 Year 2013 2012 2011 click here to hide] Value History as Certified (yellow indicates correction on file) School Taxable Value Homestead Just /Market Assessed Value/ County Exemption Value SOH Cap Taxable Value 3,171,682 3,066,656 2,734,709 3,171,682 3,008,180 2,734,709 0 0 0 0 0 0 Municipal Taxable Value 0 0 0 http: / /pcpao.org /general.php ?strap= 162905000004100400 10/30/2014 Y1K IC 2941 RS 33307 3(34 30403C46 3052305 RS 1948 1949 1942 2910 254-4 2942 2946 2948 2950 1936 1537 CC 1931 0003012301830243030 3036 30483(64 3060 3062 306139911 30'13 3025 31137 RU 294': z, 5 RU 300)6 Rt. 01 1887 1881 18 41875 8 1869 29821& E 1188 1 'h 1870 8'- 1 187.7 311337 R1 RU tl 618x7 -1.886 1`B U1871 1884 841865 11851 RU 18`_13 1861.57 2581 2987 1851 1899 11887 1891 1 -795 1789 RU 2836284428502854283828642836285831702878288228862890290029062912 811'314, 2.86.11281 `1288t - 2863 1773 68 RU 30043008:4012301610243u283(023 30;330093. 97 33013 0253.29 1442 RU RV 171 1948 1949 1942 Dv 2 SUNSE PN 1970 LDR 3007 3013 3034 304030413 305230 30193025 3031 30331143 3049 330c 1936 * 1.937 C006?OliCFP 403. 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Osceola Avenue Clearwater, FL 33756 File Number: 8689-15 2nd rdg Agenda Date: 3/19/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8689-15 on second reading, vacating public right-of-way described as the 20-foot platted right-of-way, abutting and lying west of Lots 5, 6, 9, 10 and 13 of Block 6, “R.J. Booth Subdivision” as recorded in Plat Book 9, Page 22 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 1 ORDINANCE NO. 8689-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THE 20-FOOT PLATTED RIGHT-OF-WAY, ABUTTING AND LYING WEST OF LOTS 5, 6, 9, 10 AND 13 OF BLOCK 6, “R.J. BOOTH SUBDIVISION” AS RECORDED IN PLAT BOOK 9, PAGE 22 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Academy, Inc., owner of real property adjoining the portion of right-of-way described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said right-of-way; and WHEREAS, the City Council finds that said right-of-way is not necessary for use as public right-of-way, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 20 foot platted right-of-way, abutting and lying West of Lots 5, 6, 9, 10 and 13 of Block 6, “R.J. Booth Subdivision” as recorded in Plat Book 9, Page 22 of the Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto contingent upon the following conditions: 1. The City hereby retains a utility easement over the described property for the installation and maintenance of any and all utilities thereon by the City of Clearwater; and 2. All property owners abutting the east boundary of the right-of-way vacated hereby shall individually grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc. and Knology of Central Florida (doing business as WOW!), the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. 2 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk 5 4 3 2 1 6 7 9 8 10 11 12 13 50' Right-of-Way 46' Right-of-WayRight-of-Way Varies BLOCK "6" RJ Booth Subdivision Plat Book 9, Page 22 Legal Description: An 20' Right-of-Way Vacation described as follows: The 20 foot platted right-of-way, abutting and lying West of Lots 5, 6, 9, 10 and 13, "R.J. Booth Subdivision" as recorded in Plat Book 9, Page 22 of the Public records of Pinellas County, FL. DREW ST JONES ST LAURA ST CLEVELAND ST HART ST PARK ST N MYRTLE AVE VINE AVE GROVE ST N EAST AVEBOOTH AVE N MARTIN LUTHER KING, JR. AVE S EAST AVES MYRTLE AVE S PROSPECT AVE HENDRICKS ST FERN AVE PENNSYLVANIA AVE PADUA LN N PROSPECT AVE GROVE ST HART ST HART ST PARK ST PENNSYLVANIA AVE PENNSYLVANIA AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Right-of-Way Vacation JB CL N.T.S.287A 15-29s-15e02/12/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PROSPECT AVENUEOrdinance 8689-15 - VAC2015-01 Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\Prospect Ave ROW Vac..mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8690-15 2nd rdg Agenda Date: 3/19/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8690-15 on second reading, vacating that certain 15-foot drainage easement described as the South 15 feet of Lot 4, Block “C”, Unit 7 of Skycrest Subdivision as recorded in Plat Book 30, Page 18 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 1 ORDINANCE NO. 8690-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THAT CERTAIN 15-FOOT DRAINAGE EASEMENT DESCRIBED AS THE SOUTH 15 FEET OF LOT 4, BLOCK “C”, “UNIT 7 OF SKYCREST SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGE 18 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Yarab Holdings, LLC, owner in fee title of real property described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said drainage easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage easement is not necessary for public use, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A 15’ Drainage Easement Vacation described as follows: The South 15 feet of Lot 4, Block “C”, “Unit 7 of Skycrest Subdivision” as recorded in Plat Book 30, Page 18 of the Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk BLOCK "C" 10 9 8 7 1 2 3 4 Unit 7 of Skycrest Subdivision Plat book 30, Page 18 BLOCK "B" Unit 7 of Skycrest Subdivision Plat book 30, Page 18 60' Right-of-Way60' Right-of-Way Legal Description: An 15' Drainage Easement Vacation described as follows: The South 15 feet of Lot 4, Block "C", "Unit 7 of Skycrest Subdivision"' as recorded in Plat Book 30, Page 18 of the Public records of Pinellas County, FL. DRUID RD RAINBOW DR S HERCULES AVE S ARCTURAS AVE GULF-TO-BAY BLVD S CIRUS AVE S COMET AVE S METEOR AVE S AURORA AVE S MERCURY AVE S NIMBUS AVE CANTERBURY RD DRUID PARK DR WROGERS ST TURNER ST RAINBOW DR LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Drainage Easement Vacation JB CL N.T.S.289A 13-29s-15e02/12/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 407 AURORA AVENUEOrdinance 8690-15 - VAC2015-02 Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\407 Aurora Ave Drain Ease Vac.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8691-15 2nd rdg Agenda Date: 3/19/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8691-15 on second reading, vacating public right-of-way described as that certain portion of Park Street right-of-way lying in the Northeast ¼ of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 1 ORDINANCE NO. 8691-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF PARK STREET RIGHT-OF-WAY LYING IN THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Prospect Park Development, LLC, (Owner) owner of real property adjoining the portion of right-of-way described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said right-of-way; and WHEREAS, the Owner is planning to submit a plat for approval by the City of Clearwater over a tract of land that includes the herein described property; and WHEREAS, the City Council finds that said right-of-way is not necessary for public use, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A PARCEL OF LAND BEING A PORTION OF THE PARK STREET RIGHT OF WAY AND LYING IN THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 43 PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE OF MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT BOOK 125, PAGES 44 THROUGH 46, OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN VILLAGE IN THE PARK AND THE RIGHT OF WAY LINE OF PARK STREET, THE FOLLOWING THREE COURSES: S00°02'16"W, 8.16 FEET; THENCE N89°57'44"W, 21.42 FEET; THENCE S00°17'21"W, 52.12 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID BOUNDARY LINE OF MEDITERRANEAN VILLAGE IN THE PARK, S89°39'49"E, ALONG SAID SOUTH RIGHT OF WAY LINE OF PARK STREET, 148.60 FEET TO A POINT ON A CURVE, CONCAVE TO THE EAST; THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF PARK STREET, NORTHERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 47.32 FEET, HAVING A RADIUS OF 42.50 FEET, A CENTRAL ANGLE OF 63°47'43", THE CHORD FOR WHICH BEARS N13°05'18"E, A CHORD DISTANCE OF 44.91 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST 50 FEET OF BLOCK 5, MRS. SARAH MCMULLEN'S SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 41, OF THE AFORESAID PUBLIC RECORDS; THENCE N00°03'59"E, ALONG THE SAID SOUTHERLY EXTENSION OF THE WEST BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, A DISTANCE OF 16.65 FEET TO A POINT ON THE NORTH 2 RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID WEST BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, N89°41'20"W ALONG SAID NORTH RIGHT OF WAY LINE OF PARK STREET, A DISTANCE OF 137.10 FEET TO THE POINT OF BEGINNING. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto contingent upon the following condition: Public and private easements over the herein described property deemed necessary or convenient by the City of Clearwater for right-of-way and/or utility purposes shall be dedicated to the public by plat. This vacation ordinance shall be null and void if this condition is not met within ninety (90) calendar days from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk 2#4-564''6 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & LEGEND COURT ST CLEVELAND ST S PROSPECT AVE EWING AVE PIERCE ST CHESTNUT ST S WASHINGTON AVE S MARTIN LUTHER KING, JR. AVE GOULD ST EWING PL BROWNELL ST PARK ST PADUA LN FRANKLIN ST PIERCE ST PARK ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Right-of-Way Vacation JB CL N.T.S.287A 15-29s-15e02/12/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PARK STREETOrdinance 8691-15 - VAC2015-03 Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\Park St ROW Vac.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8692-15 Agenda Date: 3/19/2015 Status: Second ReadingVersion: 3 File Type: OrdinanceIn Control: City Council Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8692-15 on second reading, establishing a Nuisance Abatement Board, providing for the appointment and terms of the members of the board, providing for the powers and procedures of the board, and providing for the issuance and enforcement of orders. SUMMARY: Page 1 City of Clearwater Printed on 3/18/2015 Ordinance No. 8692-15 ORDINANCE NO. 8692-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE ABATEMENT OF DRUG- RELATED,PROSTITUTION-RELATED,STOLEN-PROPERTY-RELATED, AND CRIMINAL-GANG RELATEDPUBLIC NUISANCES; CREATING ARTICLE I IN CHAPTER 20,CLEARWATER CODE OF ORDINANCES,TO ESTABLISH AN ADMINISTRATIVE BOARD, PURSUANT TO SECTION 893.138,FLORIDA STATUTES,WITH THEAUTHORITY TO IMPOSE ADMINISTATIVE FINES ANDOTHER ADMINISTATIVE PENALTIES IN ORDER TO ABATE THE ABOVE-DESCRIBED PUBLIC NUISANCES; PROVIDING FOR THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE BOARD; PROVIDING FOR THEPOWERSANDPROCEDURESOFTHEBOARD;PROVIDING FOR THE ISSUANCE AND ENFORCEMENT OF ORDERS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.Article I is hereby created in Chapter 20, Clearwater Code of Ordinances, as follows: ARTICLE I. NUISANCE ABATEMENT BOARD Sec. 20.01. Creation; composition; conditions of office; code of ethics. (1)There is hereby created and established pursuant to F.S. § 893.138(4) a board to be known and designated as the nuisance abatement board of the City of Clearwater to hear complaints regarding the nuisances described in F.S. § 893.138(2) and (3). (2)Such board shall consist of seven members and shall be subject to the conditions contained in Chapter 2, Article III, Division 1 of the Clearwater Code of Ordinances. (3)The members of the board shall be considered local officers for purposes of F.S. § 112.3145 and be subject to, and comply with, all applicable sections of Chapter 112, Part III, Florida Statutes, Code of Ethics for Public Officers and Employees. 2 Ordinance No. 8692-15 Sec. 20.02. Definitions; powers and duties. (1)As used in this article: Board means the nuisance abatement board of the City of Clearwater. City Attorney means the City Attorney for the City of Clearwater. Controlled substance means any substance named or described in F.S. § 893.03, as well as any substance sold in lieu of a substance named or described in F.S. § 893.03 in violation of F.S. § 817.563, or any “imitation controlled substance” as defined in F.S. § 817.564. Effective term means the term of one year from the date of entry by the board of an order requiring the owner of a place or premises declared by the board to be a public nuisance to adopt procedures to abate the nuisance, or a shorter term if the order provides for its expiration in less than one year. Any order of the board declaring a recurring nuisance relating to nuisance activity on the same property with the same property owner shall not extend the effective term. Operator means the person operating a place or premises subject to this article. The term "operator" includes, but is not limited to, owners, tenants, subtenants, and persons having operational control over the place or premises. Owner means the owner of the real property upon which the place or premises is located. In cases where the owner and the operator are the same person, the terms "owner" and "operator" are used interchangeably in this article. Place or premises means real property and its appurtenances and structures thereon as described in the deed or other instrument of conveyance as recorded in the Public Records of Pinellas County, Florida. The term "place" or "premises" includes but is not limited to parking lots and other areas open to the general public or to invitees or licensees. Prosecuting attorney means the City Attorney, a regular Assistant City Attorney, or a Special Assistant Attorney who shall prosecute cases before the board. Public nuisance or public nuisance conduct means the conduct described in subsection (5) of this section. Recording secretary means the City Clerk or Deputy City Clerk. 3 Ordinance No. 8692-15 Recurring public nuisance conduct means any single or multiple instance of the conduct described in subsection (5) of this section occurring during the effective term of an order entered by the board. Respondent means the owner, operator, and any other person against whom a complaint is brought pursuant to this article. Special Assistant Attorney means a private attorney who is in good standing with the Florida Bar Association and who is appointed by the City Council to prosecute cases before the board. (2)The board shall have the power to adopt rules for the administration and conduct of its hearings. Such rules shall be designed to facilitate the efficient administration of this article and shall always ensure fundamental due process. (3)The board shall have the power to subpoena respondents and witnesses to its hearings. Such subpoenas may be served by the police department, or by such other persons as the board may appoint. (4)The board shall have the power to subpoena evidence, records and other material relevant to the proceedings. (5)The board shall hear complaints alleging that any place or premises constitutes a public nuisance, and may find said place or premises, or any part thereof, to be a public nuisance, upon clear and convincing evidence that said place or premises has been used: (a)On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony, and that has been previously used on more than one occasion, all within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (b)On more than two occasions within a six-month period, as the site of a violation of F.S. § 796.07, relating to prostitution and prostitution-related activities; (c)On more than two occasions within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (d)By a criminal gang for the purpose of conducting a pattern of criminal gang activity as defined by F.S. § 874.03; (e)On more than two occasions within a six-month period, as the site of a violation of F.S. § 812.019, relating to dealing in stolen property; or 4 Ordinance No. 8692-15 (f)On more than two occasions within a six-month period, any pain management clinic, as described in F.S. § 458.3265 or F.S. § 459.0137, as the site of violation of: 1.F.S. § 784.011, § 784.021, § 784.03, or § 784.045, relating to assault and battery; 2.F.S. § 810.02, relating to burglary; 3.F.S. § 812.014, relating to dealing in theft; 4.F.S. § 812.131, relating to robbery by sudden snatching; or 5.F.S. § 893.13, relating to the unlawful distribution of controlled substances. (6)The prosecuting attorney may file a formal complaint with the board using information provided by the police department. The formal complaint will allege the facts necessary to demonstrate that a place or premises is the site of public nuisance conduct. (a)In the formal complaint, the prosecuting attorney shall name the owner and, if appropriate, the operator as respondents. If a place or premises is leased to or under the operational control of more than one person, a failure to name all such persons as respondents shall not prejudice the right of the City to proceed against those persons who, in the judgment of the prosecuting attorney, are responsible for the occurrence of public nuisance conduct at the place or premises. (b)The board, through its recording secretary, shall schedule a hearing and send a copy of the complaint and the notice of hearing by certified mail, return receipt requested, or by hand delivery, to each respondent at the last known address of such respondent. The notice, if mailed, shall be postmarked at least ten business days prior to the scheduled hearing. If an attempt to reach the respondent by hand delivery or certified mail is unsuccessful, notice of the hearing may be made by publication as provided in F.S. ch. 49. Regardless of the method of service, notice shall provide each respondent not less than three days' notice of the hearing. (c)The notice of hearing shall include: 1.A statement of the time, place and nature of the hearing. 2.A statement of the legal authority and jurisdiction under which the hearing is to be held. 3.A reference to the particular sections of the statutes and ordinances involved. 4.A copy of the complaint attached to or provided with the notice. 5 Ordinance No. 8692-15 (7)The board shall conduct a public hearing on the complaint and receive evidence pertaining to the conduct described in the complaint. (8)The owner and each respondent shall have the opportunity to appear before the board, in person and/or through legal counsel, to offer evidence in defense of or in mitigation against the complaint. (9)The prosecuting attorney shall present evidence before the board on behalf of the City. (10)All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination and submit rebuttal evidence, and to be represented by counsel. In addition: (a)The board may consider any evidence, including but not limited to evidence of the general reputation of the place or premises. All testimony shall be given under oath. All testimony shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. Orders of the board shall be based upon clear and convincing evidence supported by competent and substantial evidence. (b)The board shall consider evidence relating to the comprehensive plan, zoning regulations, and the uses, interim and permanent, that could be made of the property should it become necessary to close the property in order to rid the property of the existing public nuisance conduct. (c)The prosecuting attorney shall have the burden of proving the existence of any unlawful public nuisance conduct by competent and substantial evidence sufficient to meet the clear and convincing standard of proof in any case brought by the prosecuting attorney. (d)If the respondent has been properly noticed in regard to the hearing before the board and if any respondent fails to appear, the board may proceed with a hearing in absentia on the merits of the alleged violation. Any findings or order resulting from such hearing are valid and binding upon the respondents who have been properly noticed in regard to the hearing. 6 Ordinance No. 8692-15 (11)At the conclusion of the hearing and after considering all evidence presented at such hearing, the board shall issue findings of fact based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist. (a)If the board finds that the allegations of the complaint have not been proven, the board shall dismiss the complaint. (b)If the board finds that a sufficient number of the allegations of the complaint have been proven, the board may declare the property to be an unlawful public nuisance. (c)If the board declares that the property is an unlawful public nuisance, the board may then consider the appropriate remedy, at the same meeting or at a later regular meeting or special meeting called for such purpose. The board may, following its consideration of the appropriate remedy, order any one of the following: 1.The discontinuance of the nuisance; 2.The closing of the place or premises or a portion thereof for any period up to one year in order to rid the place of the public nuisance. Such order shall contain findings as to the type of interim use that could be engaged in on the property and still terminate the public nuisance. A respondent may seek a stay or modification of the order of closure where: a.The respondent can demonstrate that such respondent intends to implement a use other than the one that had furthered the creation of the public nuisance; b.The respondent can demonstrate the implementation of the use will not impede the termination of the public nuisance; 3.The prohibition of conduct, operation, or maintenance of any business or activity at the place or premises, and/or business or activity that is conducive to the maintenance of such nuisance. A respondent subject to this remedy may seek a stay or modification of the order of closure where it is demonstrated that the business activity is different from that which created the public nuisance and will not impede termination of the public nuisance; 4.The implementation of mitigation strategies that the board deems appropriate and reasonably related to the abatement of the public nuisance conduct; and 7 Ordinance No. 8692-15 5.The implementation of any other procedures the board deems appropriate to abate the public nuisance conduct in a particular case. (d)Upon declaring that the property is an unlawful public nuisance, the board may: 1.Impose a fine not to exceed $250.00 per day for each day conduct occurred upon which the board based its finding of a public nuisance and a fine not to exceed $500.00 for each subsequent finding of recurring public nuisance conduct occurring on the premises during the time the board retains jurisdiction over the premises. If two or more respondents are fined, the total amount of the fines shall not exceed the maximum amount per day authorized by this subsection. The respondent must satisfy the fine by making payment to the City. Unpaid fines shall accrue interest as provided in sec. 20.03(3). The board may suspend such fines, in whole or in part, contingent upon a respondent’s compliance with other terms or conditions of the order, and may later terminate the suspension and impose such fines upon a showing that the respondent has not complied with such term or condition of the order; 2.Award reasonable costs associated with the investigation and hearing on the public nuisance, including an attorney's fee, investigative costs, and costs of recording of its order. The respondent must pay the award of costs and fees to the City. Unpaid costs and fees shall accrue interest as provided in section 20.03(3). The board may suspend such costs and fees, in whole or in part, contingent upon compliance with other terms or conditions of the order, and may later terminate the suspension and impose such costs and fees upon a showing that the respondent has not complied with such term or condition of the order. (e)If the board finds two or more respondents responsible for a public nuisance, those respondents will be jointly and severally responsible for complying with the actions ordered in subsection (11)(c) of this section and for satisfying the fines imposed and costs and fees awarded in subsection (11)(d) of this section. (f)The total fine imposed pursuant to this section shall not exceed $15,000.00 during the effective term of any order. If two or more respondents are fined, the total amount of the fines shall not exceed $15,000.00 during the effective term of the order. 8 Ordinance No. 8692-15 (12)The findings and orders shall be by motion adopted by a majority of those present and voting. Any motion failing to obtain the required vote shall preclude the issuance of such findings and order. Any order shall require the approval of a majority of the members of the board present and voting, shall contain findings of fact and conclusions of law, and shall state the action or actions required by or relief granted by the board. Such order shall be reduced to writing, executed by the presiding chair of the board, and filed with the recording secretary of the board. A copy of the executed order shall be mailed or hand delivered to each party within five working days after execution by the presiding chair of the board. (13)The board may retain jurisdiction for one year after the order's effective date to modify the order where just cause is found to exist. (14)The board may request the City to bring a complaint under F.S. § 60.05, seeking an injunction against any nuisance described herein. The board, after ordering any of the remedies authorized by this section, may suspend the remedy and may lift the suspension at any time while the board has jurisdiction whether such remedy was initially imposed or not. The board shall give the owner notice and an opportunity to be heard before lifting a suspended remedy or imposing a new remedy. Lifting a suspended remedy or imposing a new remedy shall not operate to extend the one-year jurisdiction of the board. Sec. 20.03. Enforcement of orders. (1)Any order issued by the board under the provisions of sec. 20.02(11)(c) shall expire one year after its effective date or at such earlier time as is stated in the order. However, any fines imposed or costs and fees awarded under sec. 20.02(11)(d) shall continue to be an indebtedness owed to the City until satisfied and shall not expire one year after the effective date of the order. Such fines, costs, and fees will become a lien against the property upon the recording of the order as provided in subsection (2) of this section. (2)Any order issued by the board declaring a place or premises to be a public nuisance that imposes fines, costs, or attorney's fees under the provisions of section 20.02(11)(d) shall be recorded in the public records, and shall become a lien against the real property that is the subject of the order. However, where the nuisance abatement action is based on a stolen property nuisance, and is brought against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation 9 Ordinance No. 8692-15 provision if the property owner evicts the business declared to be a public nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. (3)Fines, costs, or attorney's fees imposed under the provisions of section 20.02(11)(d) shall be due and payable upon the date of the order of the board imposing any and all fines, costs, or attorney's fees. Fines, costs, or attorney's fees may be paid in full without interest during the first 30 calendar days after the date of the order of the board. Thereafter, interest at the rate established by the comptroller of the State pursuant to F.S. §§ 55.03 and 687.01 shall accrue upon any unpaid amount of fine and costs. The interest rate in effect on the date of the order of the board shall remain in effect until the fine and costs are paid. If the board suspends a fine, costs, or both, interest shall begin to accrue 30 calendar days after the date that the board may terminate the suspension and impose the fines or costs, or both, in whole or in part. (4)Any lien recorded against real property may be foreclosed by the City and the owner of such real property shall be liable for all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure. However, no lien created pursuant to the provisions of this section may be foreclosed on real property that is a homestead under Section 4, Article X of the Florida Constitution. (5)An order issued by the board under the provisions of sec. 20.02(11)(c) may be enforced pursuant to the procedures contained in F.S. § 120.69. (6)All powers and rights conferred by this Article shall be in addition to and supplemental to those conferred by any other general or special laws governing public nuisances and shall be liberally construed to effectuate the purpose of this Article. Sec. 20.04. Appeals by respondent. An order of the board shall be subject to judicial review in the manner provided by law. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ 10 Ordinance No. 8692-15 PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _____________________________ George N. Cretekos Mayor Approved as to form:Attest: ____________________________ _______________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 15-06 Agenda Date: 3/19/2015 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: City Council Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Recognize and designate the Clearwater Historical Society as the official historical society operating within the City of Clearwater and adopt Resolution 15-06. SUMMARY: The Clearwater Historical Society was created and chartered in 1979 in accordance with the laws of the State of Florida as a 501(c)3 not-for-profit organization. It exists for the primary purpose of providing for the preservation of the history of the greater Clearwater, Florida area and, in so doing, aids in the preservation and recovery of artifacts, relics, documents and historic properties. The Clearwater Historical Society fulfills the needs of its members, the public, and many scholars for historical archives, exhibits and programs by serving as the unifying body for historical organizations, and by providing services to these organizations, and by providing services to these organizations as well as to museums and other educational institutions. The Clearwater Historical Society, while being the historical society that operates mainly within the corporate limits of the City of Clearwater, has never been designated as the official historical society recognized by the City of Clearwater. The City of Clearwater has heretofore not recognized any historical society as the official historical society to operate within the corporate limits of the City of Clearwater. Staff agrees and supports the purposes of the Clearwater Historical Society as set forth above and recommends that Council designate them as the official historical society within the City of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/18/2015 Resolution No. 15-06 RESOLUTION NO. 15-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DESIGNATING THE CLEARWATER HISTORICAL SOCIETY AS THE OFFICIAL HISTORICAL SOCIETY TO OPERATE WITHIN THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Historical Society was created and chartered in 1979 in accordance with the laws of the State of Florida as a 501(c)3 not-for-profit organization; and WHEREAS, the Clearwater Historical Society exists for the primary purpose of providing for the preservation of the history of the greater Clearwater, Florida area and, in so doing, aids in the preservation and recovery of artifacts, relics, documents and historic properties; and WHEREAS, the Clearwater Historical Society fulfills the needs of its members, the public, and many scholars for historical archives, exhibits and programs by serving as the unifying body for historical organizations, and by providing services to these organizations, and by providing services to these organizations as well as to museums and other educational institutions; and WHEREAS, the Clearwater Historical Society, while being the historical society that operates mainly within the corporate limits of the City of Clearwater, has never been designated as the official historical society recognized by the City of Clearwater; and WHEREAS, the City of Clearwater has heretofore not recognized any historical society as the official historical society to operate within the corporate limits of the City of Clearwater; and WHEREAS, the City of Clearwater agrees and supports the purposes of the Clearwater Historical Society as set forth above; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby officially designates and recognizes the Clearwater Historical Society as the official historical society to operate within the corporate limits of the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2015. ____________________________George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________Pamela K. Akin Rosemarie CallCity Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8702-15 Agenda Date: 3/19/2015 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2014/15 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8702-15 and 8703-15 on first reading. SUMMARY: The fiscal year 2014/15 Operating and Capital Improvement Budgets were adopted in September 2014 by Ordinances 8585-14 and 8586-14. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and accompanying report provide this information and outline the issues at first quarter that require amendment. Page 1 City of Clearwater Printed on 3/18/2015 First Quarter Budget Review Fiscal 2014-15 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: First Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: March 6, 2015 Attached is the First Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on three months of activity (October, 2014 through December, 2014) 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 $3,874,176. The major reason for the overall General Fund expenditure increase is the appropriation of General Fund reserves of $3,015,182 at first quarter which include the following: $776,214 for Bright House Field Repairs; $618,890 to fund the $1,500 base pay merit increase for each General Fund CWA employee; $500,000, for ULI Report Implementation; $275,000 Centennial Celebration special events; $237,870 to reimburse the Stormwater fund for surplus land associated with the Prospect Lake site; $100,000 for Joe DiMaggio Multipurpose Field Renovations; $50,000 for increased funding to HEP; $25,000 to fund the Szlechta settlement; and $10,388 for the City Manager and City Attorney merit increases; all of which were previously approved by Council. Expenditure increases also include appropriations of General Fund reserves for $350,950 to fund the City Manager approved merit increase for each General Fund SAMP employee, and $70,870 fund retirement payouts in Finance. Other significant expenditure increases include transfers representing excess Gas dividends for $810,000 to the Pinellas New Mains and Service Lines project and $40,000 to the Gas fund to offset the cost of the fireworks display, which were previously approved by the Council. In addition, enhanced revenues are recognized at first quarter which include an increase of gas dividends in the amount of $2,138,538 as well as the return of $32,028.72 in General Fund revenues from the closure of various capital projects. With the increase in revenues outlined here, the net transfer from fund reserves is approximately $1,694,615 at first quarter. First Quarter Budget Review Fiscal 2014-15 City Manager's Transmittal General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves 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 2014 books, and the allocation of reserves noted above, estimated General Fund reserves at first quarter are approximately $22.1 million, or 18.9% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $12.1 million. Significant amendments to other City Operating Funds are noted as follows. Stormwater Fund First quarter expenditure amendments to the Stormwater Fund reflect a net increase of $387,813 which includes allocations of Stormwater Fund reserves for $69,540 to fund the merit increase for each CWA employee as previously approved by Council, and $16,970 to fund the City Manager approved merit increase for each SAMP employee. Also included, is an increase in payment to agencies for $301,303 to fund the reimbursement to HUD for the Prospect Lake purchase as previously approved by the Council. Gas Fund First quarter budget amendments to the Gas Fund expenditures reflect a net increase of $2,692,318. This increase is primarily the result of the following allocations of Gas Fund reserves: $2,138,538 for the increased dividend payment to the General Fund as previously approved by Council, $115,290 to fund the merit increase for each CWA employee as previously approved by Council; and $30,065 to fund the City Manager approved merit increase for each SAMP employee. Amendments also include an increase of $90,000 to inventory purchased for resale, and an increase to contractual services of $313,425 to fund the Corrpro contract as previously approved by Council. First quarter amendments to Gas Fund revenues more than offset these expenditure increases. Solid Waste and Recycling Fund Budget amendments to the Solid Waste and Recycling Fund expenditures reflect a net increase of $2,414,695. This is primarily the result of the following allocations of Solid Waste and Recycling Fund reserves which were previously approved by the Council: $1,000,000 to fund the Transfer Station Rebuild project; $1,000,000 to fund the Recycling Processing Center Expansion and Upgrade project; and $225,290 to fund the merit increase for each CWA employee. Also included is a reserve allocation of $12,405 to fund the City Manager approved merit increase for each SAMP employee; and an increase of $170,000 to dump fees which are offset by increases in Solid Waste revenues. Central Insurance Fund First quarter budget amendments to the Central Insurance Fund reflect a net increase of $115,007. Amendments include the following allocations of Central Insurance Fund reserves: $103,927 to fund the Unum contract as previously approved by Council, and $11,080 to fund the City Manager approved merit increase for each SAMP employee. The Water and Sewer Fund, Stormwater Fund, Marine Fund, Clearwater Harbor Marina Fund, Airpark Fund, Parking Fund, General Services Fund, Administrative Services Fund, and Garage Fund expenditures reflect amendments for merit increases for each CWA employee as previously approved by the Council, and for the City Manager approved increases for each SAMP employee. These expenditure amendments are offset by revenue amendments recognizing allocations of fund reserves. First Quarter Budget Review Fiscal 2014-15 City Manager's Transmittal Capital Improvement Fund First quarter amendments to the Capital Improvement Fund reflect an increase of $8,578,044. This increase is primarily a result of the following amendments: increases recognizing grant funds from SWFWMD in the Hillcrest Bypass Culvert project for $1,900,000, in the Mango Outfall project for $900,000, and in the East Gateway Improvements project for $750,000; increases representing transfers from Solid Waste and Recycling Fund reserves to the Transfer Station Rebuild project for $1,000,000 and to the Recycling Processing Center Expansion and Upgrade project for $1,000,000; increases recognizing transfers from General Fund reserves to the Bright House Repairs project for $776,214 and to the Joe DiMaggio Multipurpose Field Renovations project for $100,000; a transfer from the General Fund recognizing proceeds from the increased Gas dividend for $810,000 to the Pinellas New Mains and Service Lines project; an increase representing contribution revenue from Fields, Inc. for the Restroom Expansion of Barefoot Beach House project for $301,000; and transfers from the Special Development Fund recognizing $250,000 in Sales Tax Infrastructure revenue to the Bicycle Paths and Bridges project and $235,000 in Recreation Land Impact Fees to the Park Land Acquisition project. All major project budget increases listed above have been previously approved by Council and are also summarized on page 24. Project activity not previously approved by the Council, includes an increase of $569,826 in Other Governmental revenue which represent reimbursement from the City of Safety Harbor for their share of the Northeast Clarifier project. Special Program Fund The Special Program Fund reflects a net budget increase of $2,539,289 at first quarter. Amendments include allocations from General Fund reserves for $500,000 to fund the ULI Report Implementation program and $275,000 to fund special events for the Centennial Celebration, which were previously approved by the Council. Other significant amendments include the recognition of over $290,000 in grant proceeds supporting Police programs for the AmeriCorps program, the FDOT Pedestrian & Bicycle Safety Program, Clearwater Cold Case Team, and Investigative Recovery Costs; over $330,000 for the special events and sponsorships programs in the last three months; $402,442 in other governmental revenue from JWB/Coordinated Child care for after school and summer youth programming; $158,247 in reimbursement from the Pinellas County School Board to fund School Resource Officers for the year, over $196,000 in fines and court proceeds to support public safety programs and over $335,000 in revenues for police outside duty contractual services. CITY OF CLEARWATER CITY OF CLEARWATER FIRST QUARTER SUMMARY MID YEAR SUMMARY 2014/15 2014/15 FY 14/15 First First First Adopted Quarter Quarter Quarter Amended Description Budget Projected Actual Variance %Adjustment Budget General Fund: Revenues 117,008,550 40,252,609 39,523,874 (728,735) -2%3,874,176 120,882,726 Expenditures 117,008,550 33,921,615 33,567,793 353,822 1%3,874,176 120,882,726 Utility Funds:Water & Sewer Fund Revenues 71,989,410 17,838,194 17,403,183 (435,011) -2%304,310 72,293,720 Expenditures 70,406,600 25,782,058 23,434,669 2,347,389 9%304,310 70,710,910 Stormwater Fund Revenues 17,224,640 4,287,712 4,965,915 678,203 16%625,683 17,850,323 Expenditures 17,207,410 8,697,080 8,445,729 251,351 3%387,813 17,595,223 Gas Fund Revenues 42,503,420 9,780,481 10,941,224 1,160,743 12%4,883,893 47,387,313 Expenditures 37,515,660 12,599,238 12,320,379 278,859 2%2,692,318 40,207,978 Solid Waste and Recycling Fund Revenues 22,795,900 5,535,185 5,731,315 196,130 4%2,414,695 25,210,595 Expenditures 22,721,790 6,233,149 6,251,230 (18,081) 0%2,414,695 25,136,485 Enterprise Funds: Marine Fund Revenues 4,704,840 970,163 932,238 (37,925) -4%26,555 4,731,395 Expenditures 4,526,360 1,045,125 989,149 55,976 5%26,555 4,552,915 Airpark Fund Revenues 268,560 67,239 68,435 1,196 2%1,830 270,390 Expenditures 207,810 63,699 62,478 1,221 2%1,830 209,640 Clearwater Harbor Marina Fund Revenues 652,500 154,728 169,755 15,027 10%3,960 656,460 Expenditures 554,280 151,515 136,788 14,727 10%3,960 558,240 Parking Fund Revenues 4,319,810 813,624 1,210,852 397,228 49%35,190 4,355,000 Expenditures 4,246,040 1,441,919 1,325,746 116,173 8%35,190 4,281,230 Internal Service Funds:General Services Fund Revenues 4,453,090 1,114,275 1,137,472 23,197 2%56,110 4,509,200 Expenditures 4,386,430 1,124,151 1,064,980 59,171 5%56,110 4,442,540 Administrative Services Revenues 10,342,220 2,530,557 2,505,898 (24,659) -1%117,240 10,459,460 Expenditures 10,254,800 3,161,787 3,456,464 (294,677) -9%117,240 10,372,040 Garage Fund Revenues 14,874,540 3,712,632 3,291,673 (420,959) -11%58,425 14,932,965 Expenditures 14,848,020 3,912,485 2,988,985 923,500 24%58,425 14,906,445 Central Insurance Fund Revenues 22,856,430 5,674,460 5,450,672 (223,788) -4%115,007 22,971,437 Expenditures 22,838,200 5,716,074 5,410,207 305,867 5%115,007 22,953,207 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2014-15 REPORT PAGE # General Fund Operating Budget .................................................................................................................. 3 Utility Funds Operating Budget ................................................................................................................... 11 Other Enterprise Funds Operating Budgets .............................................................................................. 16 Internal Service Funds Operating Budgets ................................................................................................ 20 Capital Improvement Program Budget ....................................................................................................... 24 Special Program Fund Budget.................................................................................................................... 39 Special Development Fund ......................................................................................................................... 47 Administrative Change Orders .................................................................................................................... 50 Ordinances .................................................................................................................................................. 52 First Quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents three months, October 1, 2014 through December 31, 2014. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2014. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 18, 2014. First Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. First Quarter Actual Self-explanatory. Variance Difference between First Quarter projected and First Quarter actual. Variance % % of variance to First Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on First Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 2 Capital Improvement Projects The amended 2014/15 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2014, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the First Quarter review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes At first quarter,property tax revenue exhibits a 6%negative variance.As of the end of January,approximately 85%of budgeted revenues have been collected.No amendment is proposed at this time. Local Option, Fuel & Other Taxes At first quarter,local option,fuel and other taxes revenues exhibit a 16%negative variance.This is primarily related to timing of collection of Business Tax License revenue which, for the first four months of this year,is approximately 19%less than the same period in fiscal year 2013/14. No amendment is proposed until further months of revenue are available for review. Franchise Fees At first quarter,franchise fee revenues reflect an 7%negative variance primarily related to the Duke Energy fee.Revenues received for the first four periods of the year are 11%less than expected due to mild winter weather patterns.No amendment is proposed until additional months of receipts are available for review. Intergovernmental 8,994 Other Intergovernmental revenues reflect a 14%positive variance at first quarter.This is primarily related to the timing of Fire Tax and EMS Tax.Amendments to Other Governmental revenue reflect an increase of $8,994 in reimbursements from the Department of Treasury supporting the FBI and Secret Service which offset expenditure increases in the Police Department. Judgments, Fines & Forfeitures At first quarter,fines and forfeitures revenues reflect a 42% negative variance primarily due to Red Light Camera revenue and timing of the posting of court fines from Pinellas County Clerk of the Court.Red light camera revenue received for the first four months of the fiscal year is approximately 44%less than the same period in fiscal year 2013/14 and 51%less than expected for the year.No amendments are proposed until further data is available for review. Miscellaneous At first quarter,miscellaneous revenues reflect a 57% positive variance primarily related to the posting of the City's credit card rebate. No amendments are proposed. City of Clearwater General Fund Revenues First Quarter Amendments FY 2014/15 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2014/15 2,170,567 At first quarter,interfund transfer in revenues reflect a 34% positive variance primarily related to the timing of posting of the annual gas dividend payment.Budget amendments include:1)a transfer from the Gas Fund for $2,138,538 representing an increase in the computed annual gas dividend payment to the General Fund for fiscal year 2013/14,as approved by Council on March 5,2015,and 2)the return of $32,028.72 in General Fund revenues from the following capital projects which are being closed out due to completion: $2,033.43 from 315-91258,Ladder Truck Equipment; $22,660.29,315-91266,Rescue Squad Replacement;and $7,335.00, 315-91267, Training Facility Concrete Pad Repairs. First quarter amendments reflect a net appropriation of $1,694,615.28 from General Fund reserves.Amendments represent the following allocations: 776,214 1)An appropriation of $776,214 from fund reserves to project 315-93640,Bright House Field Repairs for the construction and installation of a new video and score board. This was approved by Council on October 2, 2014. 618,890 2)An appropriation of $618,890 from fund reserves to various departments to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2, 2014. 350,950 3)An appropriation of $350,950 from fund reserves to various departments to provide funding for City Manager approved merit increase for SAMP employees. 275,000 4)An appropriation of $275,000 from fund reserves to special program 181-99865,Special Events,to assist in funding City Centennial Celebration events.This was approved by Council on October 2, 2014. 10,388 5)An appropriation of $10,388 from fund reserves to fund the City Manager's and City Attorney's approved merit increase as approved by the Council on November 6, 2014. 25,000 6)An appropriation of $25,000 from fund reserves to fund the Szlechta settlement as approved by City Council on November 20, 2014. 50,000 7)An appropriation of $50,00 from fund reserves to provide an increase funding for Homeless Emergency Project,Inc. (HEP) as approved by the Council on November 20, 2014. 500,000 8)An appropriation of $500,000 from fund reserves to special program 181-99888,ULI Report Implementation,as approved by Council on December 4, 2014. Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2014/15 100,000 9)An appropriation of $100,000 from fund reserves to capital project 315-93645,Joe DiMaggio Multipurpose Field Renovations as approved by City Council on December 18, 2014. 237,870 10)An appropriation of $237,870 from fund reserves to fund a reimbursement to the Stormwater Fund for surplus land,as approved by Council on August 7, 2014. 70,870 11)An appropriation of $70,870 from fund reserves to fund the retirement payouts of two long term Finance employees. (1,320,567) 12)A revenue surplus of $1,320,566.72 is being returned to General Fund fund reserves at first quarter representing the following:the increased annual gas dividend payment of $2,138,538,and the return of $32,028.72 in General Fund revenues from closed capital projects.These increases are offset by the transfer of $810,000 to capital project 315-96377, Pinellas New Mains &Service Lines and the transfer of $40,000 to the Gas Fund to reimburse the cost of the fireworks display,as approved by the Council on March 5, 2015. 1,694,615 3,874,176 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus (Continued) 5 Increase/ (Decrease)Description 1,160 The $1,160 budget increase reflects an amendment for the City Manager approved merit increase for SAMP employees; offsetting revenues are reflected from General Fund reserves. 18,537 At first quarter,the City Manager's Office reflects a 9% negative variance due to the timing of flex fund expenditures. Amendments include:1)an increase of $13,135 for the City Manager approved 3%merit increase for SAMP employees, with offsetting revenues from General Fund reserves;2)an increase of $5,402 for the City Manager's merit increase as approved by the Council on November 6,2014,with offsetting revenues from General Fund reserves;and 3)a net zero amendment decreasing City Manager's flex funds by $1,500, offset by an increase to interfund transfers to special program 181-99844,United Way to provide funding for United Way Campaign activities. 24,461 Amendments to the City Attorney's Office reflect an increase of $19,475 for the City Manager approved 3%merit increase for SAMP employees.A second amendment reflects an increase of $4,986 for the City Attorney's merit increase as approved by the Council on November 6,2014.Offsetting revenues are reflected from General Fund reserves. 3,500 The $3,500 budget increase reflects an amendment for the City Manager approved merit increase for SAMP employees; offsetting revenues are reflected from General Fund reserves. 65,715 The $65,715 increase reflects the following amendments:1)a budget increase of $15,715 reflecting an amendment for the City Manager approved merit increase for SAMP employees with offsetting revenues from General Fund Reserves;and 2)an increase of $50,000 in payment to agencies to provide increased funding for Homeless Emergency Project,Inc.(HEP) with offsetting revenues from General Fund reserves as approved by the Council on November 20, 2014. 96,275 The $96,275 budget increase to the Engineering Department reflects an increase of $60,390 to fund a merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $35,885 for the City Manager approved merit increase for SAMP employees.Both amendments are offset with revenues from General Fund reserves.Engineering City of Clearwater General Fund Expenditures First Quarter Amendments FY 2014/15 Economic Development and Housing City Council City Manager's Office City Attorney's Office City Audit 6 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2014/15 109,560 At first quarter,Finance expenditures reflect a 27%negative variance primarily related to retirement payouts and timing of professional service payments.Amendments include:1)an increase of $9,150 to fund a merit increase for CWA employees as approved by the Council on October 2,2014;2)an increase of $29,540 for the City Manager approved 3%merit increase for SAMP employees;and 3)an increase of $70,870 to fund retirement payouts of two long term employees.All amendments are offset with revenues from General Fund reserves. 45,145 The $45,145 budget increase to the Fire Department reflects an increase of $9,150 to fund a merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $35,995 for the City Manager approved merit increase for SAMP employees.Both amendments are offset with revenues from General Fund reserves. 12,770 The $12,770 budget increase reflects an amendment for the City Manager approved merit increase for SAMP employees; offsetting revenues are reflected from General Fund reserves. 86,620 The $86,620 budget increase to the Library Department reflects an increase of $42,990 to fund a merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $43,630 for the City Manager approved merit increase for SAMP employees.Both amendments are offset with revenues from General Fund reserves. 9,750 The $9,750 budget increase reflects an amendment to fund a merit increase for CWA employees as approved by the Council on October 2,2014;offsetting revenues are reflected from General Fund reserves. 13,045 The $13,045 budget increase to the Official Records and Legislative Services Department reflects an increase of $5,490 to fund a merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $7,555 for the City Manager approved merit increase for SAMP employees. Both amendments are offset with revenues from General Fund reserves. Marine & Aviation Fire Official Records and Legislative Services Library Human Resources Finance 7 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2014/15 300,130 Amendments to the Parks and Recreation Department reflect a net increase of $300,130;amendments include the following: 1)an increase of $245,560 to fund a merit increase for CWA employees as approved by the Council on October 1,2014 with offsetting revenues from General Fund reserves;2)an increase of $54,570 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from Parks & Recreation General Fund reserves. 147,765 Amendments to the Planning and Development Department reflect a net increase of $147,765;amendments include the following:1)an increase of $112,520 to fund a merit increase for CWA employees as approved by the Council on October 2, 2012;and 2)an increase of $35,245 for the City Manager approved merit increase for SAMP employees.All of these amendments are offset with revenues from General Fund reserves. 162,579 At first quarter,amendments to the Police Department reflect a net increase of $162,579;amendments include the following:1) an increase of $122,060 to fund a merit increase for CWA employees as approved by the Council on October 2,2014 with offsetting revenues from General Fund reserves;2)an increase of $31,525 for the City Manager approved merit increase for SAMP employees with offsetting revenues from General Fund reserves;3)an increase to operating expenditures by $976 which is offset by revenue amendments recognizing reimbursement received from the Secret Service for the purchase;and 4)an increase to overtime by $8,018 which is offset by revenue amendments recognizing the reimbursements received for overtime from the Department of Treasury,FBI and the Secret Service. 13,080 The $13,080 budget increase to the Public Communications Department reflects an increase of $1,830 to fund a merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $11,250 for the City Manager approved merit increase for SAMP employees.Both amendments are offset with revenues from General Fund reserves. Police Parks & Recreation Public Communications Planning & Development 8 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2014/15 Non-Departmental 25,000 At first quarter,the Non-Departmental program reflects a 16% negative variance primarily due to the transfer to Stormwater Fund for surplus land and payment of legal settlements. Amendments include an increase of $25,000 to legal settlements to fund the Szlechta settlement as approved by City Council on November 11, 2014. The budget amendment reflects City Council approved interfund transfers of $2,739,084 to Capital Improvement and special program projects, as follows: 776,214 1)A transfer of $776,214 from General Fund reserves to project 315-93640,Bright House Field Repairs;as approved by the Council on October 2, 2014. 275,000 2)A transfer of $275,000 from General Fund reserves to fund program 181-99865,Special Events;as approved by the Council on October 2, 2014. 500,000 4)A transfer of $500,000 from General Fund reserves to fund program 181-99888,ULI Report Implementation;as approved by the Council on December 4, 2014. 100,000 5)A transfer of $100,000 from General Fund reserves to project 315-93645,Joe DiMaggio Sports Complex;as approved by the Council on December 18, 2014. 810,000 6)A transfer of $810,000 from General Fund proceeds of the increased Gas Dividend to capital project 315-93677,Pinellas New Mains &Service Lines;as approved by the Council on March 5, 2015. 40,000 7)A transfer of $40,000 from General Fund proceeds of the increased Gas Dividend to the Gas Fund to offset the cost of the fireworks display; as approved by the Council on March 5, 2015. 237,870 8)A transfer of $237,870 from General Fund reserves to reimburse the Stormwater Fund for surplus land at Prospect Lake; as approved by the Council on August 7, 2014. 2,764,084 3,874,176 Net General Fund Expenditure Amendment 9 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Ad Valorem Taxes 38,779,620 25,887,500 24,415,415 (1,472,085) -6%- 38,779,620 Utility Taxes 14,182,400 2,646,253 2,652,037 5,784 0%- 14,182,400 Local Option, Fuel & Other Taxes 7,604,780 856,415 719,041 (137,374) -16%- 7,604,780 Franchise Fees 10,090,000 1,734,166 1,606,542 (127,624) -7%- 10,090,000 Other Permits & Fees 2,220,500 555,123 588,888 33,765 6%- 2,220,500 Intergovernmental 19,578,310 3,201,547 3,664,628 463,081 14%8,994 19,587,304 Charges for Services 14,227,040 3,270,674 3,164,626 (106,048) -3%- 14,227,040 Judgments, Fines & Forfeitures 1,034,000 247,584 142,578 (105,006) -42%- 1,034,000 Miscellaneous Revenues 1,647,500 297,634 467,980 170,346 57%- 1,647,500 Transfers In 8,008,410 1,555,713 2,102,139 546,426 35%2,170,567 10,178,977 TOTAL REVENUES 117,372,560 40,252,609 39,523,874 (728,735) -2%2,179,561 119,552,121 Transfer (to) from Surplus (364,010) - - - ~1,694,615 1,330,605 ADJUSTED REVENUES 117,008,550 40,252,609 39,523,874 (728,735) -2%3,874,176 120,882,726 GENERAL FUND EXPENDITURES City Council 278,880 84,358 75,611 8,747 10%1,160 280,040 City Manager's Office 1,091,940 270,517 293,963 (23,446) -9%18,537 1,110,477 City Attorney's Office 1,629,360 397,132 315,507 81,625 21%24,461 1,653,821 City Auditor's Office 196,560 52,185 51,605 580 1%3,500 200,060 Economic Development & Housing 1,583,830 596,043 587,166 8,877 1%65,715 1,649,545 Engineering 7,569,460 1,901,704 1,975,506 (73,802) -4%96,275 7,665,735 Finance 2,073,730 490,612 622,858 (132,246) -27%109,560 2,183,290 Fire 23,944,250 6,485,490 6,364,432 121,058 2%45,145 23,989,395 Human Resources 1,056,010 267,528 268,406 (878) 0%12,770 1,068,780 Library 6,070,250 2,036,254 1,984,692 51,562 3%86,620 6,156,870 Marine & Aviation 870,720 236,687 224,574 12,113 5%9,750 880,470 Non-Departmental 3,941,910 2,034,502 2,362,117 (327,615) -16%2,764,084 6,705,994 Office of Management & Budget 313,570 85,144 55,200 29,944 35%313,570 Official Records & Legislative Svcs 1,002,630 258,894 239,805 19,089 7%13,045 1,015,675 Parks & Recreation 22,360,110 6,737,768 6,469,790 267,978 4%300,130 22,660,240 Planning & Development 4,887,680 1,271,708 1,243,259 28,449 2%147,765 5,035,445 Police 36,849,710 10,388,518 10,146,373 242,145 2%162,579 37,012,289 Public Communications 1,012,470 257,700 224,822 32,878 13%13,080 1,025,550 Public Utilities 275,480 68,871 62,105 6,766 10%275,480 TOTAL EXPENDITURES 117,008,550 33,921,615 33,567,793 353,822 1%3,874,176 120,882,726 For Three Month Period of October 1, 2014 - December 31, 2014 GENERAL FUND FIRST QUARTER REVIEW 10 Increase/ (Decrease)Description Water & Sewer Fund At first quarter, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $1,582,810 for FY 2014/15. Revenues:304,310 First quarter revenue amendments in the Water and Sewer Fund reflect an increase of $304,310 for the following:1)an appropriation of $269,010 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;an appropriation of $35,300 from fund reserves for the City Manager approved merit increase for SAMP employees. Expenditures:304,310 First quarter expenditure amendments reflect a net increase of $304,310 amendments include:1)an increase of $269,010 fund a $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an increase of $35,300 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from Water & Sewer Fund reserves. Stormwater Fund At first quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $255,100 for FY 2014/15. Revenues:625,683 At first quarter,revenues in the Stormwater Fund reflect a 16% positive variance primarily related to the reimbursements received for surplus land.Amendments reflect an increase of $625,683 for the following:1)an appropriation of $69,540 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;2)an appropriation of $16,970 from fund reserves for the City Manager approved merit increase for SAMP employees;and 3)a transfer of $237,870 from General Fund reserves and $301,303 from the CRA,recognizing reimbursement for surplus land at Prospect Lake as approved by the Council on August 7, 2014. Expenditures:387,813 First quarter expenditure amendments reflect a net increase of $387,813 amendments include:1)an increase of $69,540 to fund a $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014 with offsetting revenues from fund reserves;2)an increase of $16,970 for the City Manager approved merit increase for SAMP employees with offsetting revenues from fund reserves;and 3)an increase of $301,303 to payment to agencies representing the reimbursement to HUD for the sale of land at Prospect Lake. City of Clearwater Utility Funds First Quarter Amendments FY 2014/15 11 Increase/ (Decrease)Description City of Clearwater Utility Funds First Quarter Amendments FY 2014/15 Gas Fund At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $7,179,335 for fiscal year 2014/15. Revenues:4,883,893 First quarter revenue amendments in the Gas Fund reflect the following:1)an appropriation of $115,290 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;2)an appropriation of $30,065 from fund reserves to provide funding for the City Manager approved merit increase for SAMP employees;3)an appropriation of $2,138,538 fund reserves for the dividend payment increase to the General Fund as approved by Council on March 5, 2014;4)increases totaling $1,800,000 in Gas sales;5)increases totaling $510,000 in service charges to customers;6)an increase of $200,000 in capitalized labor;7)an increase in $50,000 in Natural Gas sales to city customers;and 8)a $40,000 transfer of General Fund revenue to offset the cost of the fireworks display as approved by the Council on March 5, 2015. Expenditures:2,692,318 First quarter expenditure amendments reflect a net increase of $2,692,318.Amendments include:1)an increase of $115,290 to fund a $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014,with offsetting revenues from fund reserves;2)an increase of $30,065 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from fund reserves;3)a transfer of $2,138,538 representing the increased dividend payment to the General Fund,as approved by Council on March 5,2015;4)an increase of $313,425 in professional services to fund the Corrpro contract as approved by the Council on December 4, 2014;5)increases totaling $90,000 in inventory purchases for re-sale; and 6)an increase of $5,000 in professional services for a dispatch temporary employee. 12 Increase/ (Decrease)Description City of Clearwater Utility Funds First Quarter Amendments FY 2014/15 Solid Waste and Recycling Fund At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $74,110 for fiscal year 2014/15. Revenues:2,414,695 First quarter revenue amendments in the Solid Waste and Recycling Fund reflect a net increase of $2,414,695,amendments include:1)an appropriation of $225,290 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;2)an appropriation of $12,405 from fund reserves to provide funding for the City Manager approved merit increase for SAMP employees;3)an appropriation of $1,000,000 from fund reserves to provide funding for capital project 315-96447, Transfer Station Rebuild,as approved by the Council on October 15, 2014;4)an appropriation of $1,000,000 from fund reserves to provide funding for capital project 315-96809,Recycling Processing Center Expansion and Upgrade,as approved by the Council on October 15, 2014;5)an increase of $100,000 in Solid Waste collection fees due to better than expected collections;6)an increase of $70,000 in Solid Waste interest earnings;and 7)an increase of $7,000 in Recycling fees due to better than expected collections. Expenditures:2,414,695 First quarter expenditure amendments reflect a net increase of $2,414,695,amendments include:1)an increase of $188,690 in Solid Waste and $36,600 in Recycling to fund a $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014,with offsetting revenues from Solid Waste and Recycling Fund reserves;2)an increase of $11,095 in Solid Waste and $1,310 in Recycling to fund the City Manager approved merit increase for SAMP employees,with offsetting revenues from Solid Waste and Recycling Fund reserves;3)a transfer of $1,000,000 to project 315- 96447,Transfer Station Rebuild,with offsetting revenues from Solid Waste and Recycling Fund reserves as approved by the Council October 15,2014;4)a transfer of $1,000,000 to project 315-96809, Recycling Processing Center Expansion and Upgrade,with offsetting revenues from Solid Waste and Recycling Fund reserves as approved by the Council October 15,2014;5)an increase of $170,000 in Solid Waste dump fees due to higher than expected volume;and 6)an increase of $7,000 in Commercial Recycling garage variable charges due to higher than anticipated up fit charges. 13 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Charges for Service 70,472,170 17,618,043 17,092,204 (525,839) -3%- 70,472,170 Judgments, Fines and Forfeits 271,000 67,749 69,353 1,604 2%- 271,000 Miscellaneous 1,246,240 152,402 241,626 89,224 59%- 1,246,240 Transfers In - - - - n/a - - Fund Equity - - - - n/a 304,310 304,310 Total Revenues 71,989,410 17,838,194 17,403,183 (435,011) -2%304,310 72,293,720 Water & Sewer Fund Expenditures Public Utilities Administration 1,056,980 265,344 222,099 43,245 16%10,405 1,067,385 Wastewater Collection 7,362,400 3,064,219 2,896,433 167,786 5%42,090 7,404,490 Public Utilities Maintenance 3,929,730 1,084,528 942,135 142,393 13%43,560 3,973,290 WPC / Plant Operations 16,349,420 7,284,750 6,361,472 923,278 13%69,525 16,418,945 WPC / Laboratory Operations 1,304,530 331,551 298,313 33,238 10%10,865 1,315,395 WPC / Industrial Pretreatment 844,440 217,281 174,613 42,668 20%9,080 853,520 Water Distribution 12,565,920 6,753,938 6,480,172 273,766 4%64,040 12,629,960 Water Supply 10,714,310 2,695,234 3,213,238 (518,004) -19%29,225 10,743,535 Reclaimed Water 2,365,340 606,830 543,755 63,075 10%25,520 2,390,860 Non-Departmental 13,913,530 3,478,383 2,302,440 1,175,943 34%- 13,913,530 Total Expenditures 70,406,600 25,782,058 23,434,669 2,347,389 9%304,310 70,710,910 STORMWATER FUND Stormwater Utility Revenues Charges for Service 16,942,940 4,235,736 4,297,730 61,994 1%- 16,942,940 Judgments, Fines and Forfeits 50,000 12,501 17,932 5,431 43%- 50,000 Miscellaneous 231,700 39,475 111,080 71,605 181%- 231,700 Transfers In - - 539,173 539,173 n/a 539,173 539,173 Fund Equity - - - - n/a 86,510 86,510 Total Revenues 17,224,640 4,287,712 4,965,915 678,203 16%625,683 17,850,323 Stormwater Utility Expenditures Stormwater Management 10,682,600 7,033,929 6,906,216 127,713 2%317,653 11,000,253 Stormwater Maintenance 6,524,810 1,663,151 1,539,513 123,638 7%70,160 6,594,970 Total Expenditures 17,207,410 8,697,080 8,445,729 251,351 3%387,813 17,595,223 GAS FUND Gas Fund Revenues Charges for Service 40,170,020 9,639,032 10,722,331 1,083,299 11%2,560,000 42,730,020 Judgments, Fines and Forfeits 150,000 37,500 36,346 (1,154) -3%- 150,000 Miscellaneous 483,400 103,949 182,547 78,598 76%- 483,400 Transfers In - - - - n/a 40,000 40,000 Fund Equity 1,700,000 - - - n/a 2,283,893 3,983,893 Total Revenues 42,503,420 9,780,481 10,941,224 1,160,743 12%4,883,893 47,387,313 Gas Fund Expenditures Administration & Supply 23,547,790 6,013,596 5,750,236 263,360 4%2,139,274 25,687,064 South Area Gas Operations 7,387,730 3,584,863 3,578,839 6,024 0%166,085 7,553,815 North Area Gas Operations 2,765,000 1,231,945 1,179,105 52,840 4%70,590 2,835,590 Marketing & Sales 3,815,140 1,768,834 1,812,198 (43,364) -2%316,369 4,131,509 Total Expenditures 37,515,660 12,599,238 12,320,379 278,859 2%2,692,318 40,207,978 For Three Month Period of October 1, 2014 - December 31, 2014 UTILITY FUNDS FIRST QUARTER REVIEW 14 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2014 - December 31, 2014 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues Other Permits and Fees 1,000 249 - (249) -100%- 1,000 Charges for Service 19,071,000 4,767,750 4,871,457 103,707 2%100,000 19,171,000 Judgments, Fines and Forfeits 85,100 21,273 20,424 (849) -4%- 85,100 Miscellaneous 564,000 129,101 210,078 80,977 63%70,000 634,000 Transfers In - - - - n/a - - Solid Waste Revenues 19,721,100 4,918,373 5,101,959 183,586 4%170,000 19,891,100 Recycling Revenues Other Permits and Fees 300 75 115 40 53%- 300 Intergovernmental - - - - ~- - Charges for Service 2,080,080 520,020 534,010 13,990 3%7,000 2,087,080 Judgments, Fines and Forfeits 7,700 1,926 1,898 (28) -1%- 7,700 Miscellaneous 386,750 94,791 93,333 (1,458) -2%- 386,750 Transfers In - - - - n/a - - Recycling Revenues 2,474,830 616,812 629,356 12,544 2%7,000 2,481,830 Fund Equity 599,970 - - - n/a 2,237,695 2,837,665 Total Revenues 22,795,900 5,535,185 5,731,315 196,130 4%2,414,695 25,210,595 Solid Waste Expenditures Collection 16,113,370 4,388,845 4,584,797 (195,952) -4%318,045 16,431,415 Transfer 1,621,590 504,282 457,269 47,013 9%1,020,130 2,641,720 Container Maintenance 845,500 217,500 215,270 2,230 1%18,300 863,800 Administration 1,066,530 269,448 253,397 16,051 6%13,310 1,079,840 Solid Waste Expenditures 19,646,990 5,380,075 5,510,732 (130,657) -2%1,369,785 21,016,775 Recycling Expenditures Residential 1,206,750 317,029 298,701 18,328 6%1,018,300 2,225,050 Multi-Family 421,840 108,162 82,782 25,380 23%5,490 427,330 Commercial 1,446,210 427,883 359,015 68,868 16%21,120 1,467,330 Recycling Expenditures 3,074,800 853,074 740,498 112,576 13%1,044,910 4,119,710 Total Expenditures 22,721,790 6,233,149 6,251,230 (18,081) 0%2,414,695 25,136,485 15 Increase/ (Decrease)Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $178,480 at first quarter fiscal year 2014/15. Revenues:26,555 First quarter revenue amendments in the Marine Fund reflect an appropriation of $20,430 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and an appropriation of $6,125 from fund reserves for the City Manager approved merit increase for SAMP employees. Expenditures:26,555 First quarter expenditure amendments reflect an increase of $20,430 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $6,125 for the City Manager approved merit increase for SAMP employees, with offsetting revenues from Marine Fund reserves. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina fund exceed anticipated expenditures by $98,220 at first quarter fiscal year 2014/15. Revenues:3,960 At first quarter,revenues reflect a 10%positive variance primarily due to higher than anticipated slip rental revenue.Amendments include an appropriation of $3,960 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2, 2014. Expenditures:3,960 An increase of $3,960 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014,with offsetting revenues from Clearwater Harbor Marina Fund reserves. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $60,750 at first quarter fiscal year 2014/15. Revenues:1,830 Amendments include an appropriation of $1,830 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2, 2014. Expenditures:1,830 Amendments include an increase of $1,830 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014,with offsetting revenues from Airpark Fund reserves. FY 2014/15 City of Clearwater Other Enterprise Funds First Quarter Amendments 16 Increase/ (Decrease)Description FY 2014/15 City of Clearwater Other Enterprise Funds First Quarter Amendments Parking Fund At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $73,770 for fiscal year 2014/15. Revenues:35,190 At first quarter,Parking Fund revenues reflect a 49%positive variance.This variance is primarily due to increased parking rates, and the busy winter season.First quarter revenue amendments in the Parking Fund reflect an increase of $35,190 for the following:1)an appropriation of $32,310 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an appropriation of $2,880 from fund reserves for the City Manager approved merit increase for SAMP employees. Expenditures:35,190 First quarter expenditure amendments reflect a net increase of $35,190,amendments include:1)an increase of $32,310 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an increase of $2,880 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from Parking Fund reserves. 17 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND MARINE FUND REVENUES Intergovernmental - - - - n/a - - Charges for Service 4,666,840 960,714 921,782 (38,932) -4%- 4,666,840 Judgments, Fines and Forfeits 1,000 249 540 291 117%- 1,000 Miscellaneous Revenue 37,000 9,200 9,916 716 8%- 37,000 Transfers In - - - - n/a - - Fund Equity - - - - n/a 26,555 26,555 TOTAL REVENUES 4,704,840 970,163 932,238 (37,925) -4%26,555 4,731,395 MARINE FUND EXPENDITURES Marina Operations 4,526,360 1,045,125 989,149 55,976 5%26,555 4,552,915 TOTAL EXPENDITURES 4,526,360 1,045,125 989,149 55,976 5%26,555 4,552,915 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Intergovernmental 50,000 - - - n/a - 50,000 Charges for Service 595,000 153,152 164,766 11,614 8%- 595,000 Judgments, Fines and Forfeits 1,500 375 90 (285) -76%- 1,500 Miscellaneous Revenue 6,000 1,201 4,899 3,698 308%- 6,000 Transfers In - - - - n/a - - Fund Equity - - - - n/a 3,960 3,960 TOTAL REVENUES 652,500 154,728 169,755 15,027 10%3,960 656,460 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 554,280 151,515 136,788 14,727 10%3,960 558,240 TOTAL EXPENDITURES 554,280 151,515 136,788 14,727 10%3,960 558,240 AIRPARK FUND AIRPARK FUND REVENUES Charges for Service 7,000 1,749 3,175 1,426 82%- 7,000 Miscellaneous Revenue 261,560 65,490 65,260 (230) 0%- 261,560 Transfers In - - - - n/a - - Fund Equity - - - - n/a 1,830 1,830 TOTAL REVENUES 268,560 67,239 68,435 1,196 2%1,830 270,390 AIRPARK FUND EXPENDITURES Airpark Operations 207,810 63,699 62,478 1,221 2%1,830 209,640 TOTAL EXPENDITURES 207,810 63,699 62,478 1,221 2%1,830 209,640 For Three Month Period of October 1, 2014 - December 31, 2014 ENTERPRISE FUNDS FIRST QUARTER REVIEW 18 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2014 - December 31, 2014 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND PARKING FUND REVENUES Charges for Service 3,043,910 519,000 919,429 400,429 77%- 3,043,910 Judgments, Fines and Forfeits 600,000 134,500 108,620 (25,880) -19%- 600,000 Miscellaneous Revenue 675,900 160,124 182,803 22,679 14%- 675,900 Transfers In - - - - - - - Fund Equity - - - - - 35,190 35,190 TOTAL REVENUES 4,319,810 813,624 1,210,852 397,228 49%35,190 4,355,000 PARKING FUND EXPENDITURES Engineering / Parking System 3,038,930 1,144,555 1,074,866 69,689 6%10,200 3,049,130 Engineering / Parking Enforcement 601,880 133,560 113,569 19,991 15%12,810 614,690 Parks & Rec / Beach Guards 605,230 163,804 137,311 26,493 16%12,180 617,410 TOTAL EXPENDITURES 4,246,040 1,441,919 1,325,746 116,173 8%35,190 4,281,230 19 Increase/ (Decrease)Description General Services At first quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $66,660 for fiscal year 2014/15. Revenues:56,110 First quarter revenue amendments in the General Services Fund reflect an increase of $56,110 for the following:1)an appropriation of $51,240 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2, 2014;and 2)an appropriation of $4,870 from fund reserves for the City Manager approved merit increase for SAMP employees. Expenditures:56,110 First quarter expenditure amendments reflect a net increase of $56,110 amendments include:1)an increase of $51,240 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an increase of $4,870 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from General Services Fund reserves. Administrative Services At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $87,420 for fiscal year 2014/15. Revenues:117,240 First quarter revenue amendments in the Administrative Services Fund reflect an increase of $117,240 for the following:1)an appropriation of $56,830 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an appropriation of $60,410 from Administrative fund reserves for the City Manager approved merit increase for SAMP employees. Expenditures:117,240 First quarter expenditures in the Administrative Services Fund reflect a 9%negative variance primarily due to the timing of maintenance contract payments.Amendments reflect a net increase of $117,240 which include an increase of $56,830 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and an increase of $60,410 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from Administrative Services Fund reserves. City of Clearwater Internal Service Funds First Quarter Amendments FY 2014/15 20 Increase/ (Decrease)Description City of Clearwater Internal Service Funds First Quarter Amendments FY 2014/15 Garage Fund At first quarter, anticipated revenues of the Garage Fund exceed anticipated expenditures by $26,520 for fiscal year 2014/15. Revenues:58,425 At first quarter,Garage Fund revenues reflect an 11%negative variance due to lower than expected garage charges to departments.This decrease is offset by savings in Garage Fund expenditures.Amendments reflect an increase of $58,425 for the following:1)an appropriation of $56,730 from fund reserves to provide funding for the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an appropriation of $1,695 from fund reserves for the City Manager approved merit increase for SAMP employees. Expenditures:58,425 First quarter expenditure amendments reflect a net increase of $58,425 amendments include:1)an increase of $56,730 to fund the $1,500 base pay merit increase for CWA employees as approved by the Council on October 2,2014;and 2)an increase of $1,695 for the City Manager approved merit increase for SAMP employees,with offsetting revenues from Garage Fund reserves. Central Insurance At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $18,230 for fiscal year 2014/15. Revenues:115,007 First quarter revenue amendments in the Central Insurance Fund reflect an appropriation of $11,080 from fund reserves to provide funding for the City Manager approved merit increase for SAMP employees;and an appropriation of $103,927 from fund reserves to fund the Unum contract renewal as approved by Council on December 4, 2014. Expenditures:115,007 First quarter expenditure amendments reflect an increase of $11,080 for the City Manager approved merit increase for SAMP employees;and an increase of $103,927 to life insurance premiums for the Unum contract renewal as approved by Council on December 4,2014.Both increases are offset by revenues from Central Insurance Fund reserves. 21 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Charges for Service 4,433,090 1,108,275 1,128,144 19,869 2%- 4,433,090 Miscellaneous Revenues 20,000 6,000 9,328 3,328 55%- 20,000 Transfers In - - - - n/a - - Fund Equity - - - - n/a 56,110 56,110 TOTAL REVENUES 4,453,090 1,114,275 1,137,472 23,197 2%56,110 4,509,200 GENERAL SERVICES FUND EXPENDITURES Administration 474,270 122,121 105,260 16,861 14%9,940 484,210 Building & Maintenance 3,912,160 1,002,030 959,720 42,310 4%46,170 3,958,330 TOTAL EXPENDITURES 4,386,430 1,124,151 1,064,980 59,171 5%56,110 4,442,540 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Charges for Service 10,002,220 2,500,557 2,463,622 (36,935) -1%- 10,002,220 Miscellaneous Revenues 105,000 30,000 42,276 12,276 41%- 105,000 Transfers In - - - - n/a - - Fund Equity 235,000 - - - n/a 117,240 352,240 TOTAL REVENUES 10,342,220 2,530,557 2,505,898 (24,659) -1%117,240 10,459,460 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin 389,240 101,727 82,123 19,604 19%4,270 393,510 Information Tech / Network Svcs 2,651,540 825,108 840,876 (15,768) -2%16,625 2,668,165 Info Tech / Software Applications 2,835,660 1,072,923 1,232,507 (159,584) -15%23,985 2,859,645 Info Tech / Telecommunications 808,010 203,206 407,066 (203,860) -100%1,560 809,570 Public Comm / Courier 153,430 38,322 25,197 13,125 34%- 153,430 Clearwater Customer Service 3,416,920 920,501 868,693 51,808 6%70,800 3,487,720 TOTAL EXPENDITURES 10,254,800 3,161,787 3,456,464 (294,677) -9%117,240 10,372,040 GARAGE FUND GARAGE FUND REVENUES Charges for Service 14,464,540 3,616,134 3,072,584 (543,550) -15%- 14,464,540 Miscellaneous Revenues 410,000 96,498 219,089 122,591 127%- 410,000 Transfers In - - - - n/a - - Fund Equity - - - - n/a 58,425 58,425 TOTAL REVENUES 14,874,540 3,712,632 3,291,673 (420,959) -11%58,425 14,932,965 Garage Fund Expenditures Fleet Maintenance 9,459,860 2,564,672 2,243,080 321,592 13%58,425 9,518,285 Fleet Maintenance Vehicle Replacement 4,663,880 1,165,971 722,719 443,252 38%- 4,663,880 Radio Communications 724,280 181,842 23,187 158,655 87%- 724,280 TOTAL EXPENDITURES 14,848,020 3,912,485 2,988,985 923,500 24%58,425 14,906,445 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2014 - December 31, 2014 22 2014/15 First First 2014/15 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2014 - December 31, 2014 CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Charges for Service 22,049,200 5,512,302 5,297,907 (214,395) -4%- 22,049,200 Miscellaneous Revenues 807,230 162,158 142,144 (20,014) -12%- 807,230 Transfers In - - 10,621 10,621 n/a - - Fund Equity - - - - n/a 115,007 115,007 TOTAL REVENUES 22,856,430 5,674,460 5,450,672 (223,788) -4%115,007 22,971,437 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 426,600 109,569 101,590 7,979 7%7,150 433,750 Human Resources / Employee Benefits 357,310 92,931 101,563 (8,632) -9%3,930 361,240 Human Resources / Employee Health Clinic 1,782,790 445,698 336,405 109,293 25%- 1,782,790 Non-Departmental 20,271,500 5,067,876 4,870,648 197,228 4%103,927 20,375,427 TOTAL EXPENDITURES 22,838,200 5,716,074 5,410,207 305,867 5%115,007 22,953,207 23 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2014/15 24 The amended 2014/15 Capital Improvement Program budget report is submitted for the City Council's First Quarter review. The net proposed amendment is a budget increase in the amount of $8,578,044. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity:  Facilities Upgrade & Improvements – To record a budget increase in the amount of $569,826 of Other Governmental revenue, representing reimbursement revenue from the City of Safety Harbor for their share of the Northeast Clarifier project. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Hillcrest Bypass Culvert 1,950,000 02/05/15 Transfer Station Rebuild 1,000,000 10/15/14 Recycling Processing Center Expansion and Upgrade 1,000,000 10/15/14 Mango Outfall 900,000 02/05/15 Pinellas New Mains-Service Lines 810,000 03/05/15 Bright House Repairs 776,214 10/02/14 East Gateway Improvements 750,000 02/19/15 Restroom Expansion of Barefoot Beach House 301,000 11/20/14 Bicycle Paths - Bridges 250,000 01/15/15 Park Land Acquisition 235,000 11/06/14 Joe DiMaggio Multipurpose Field Renovations 148,000 12/18/14 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Ladder Truck Equipment - CLOSE PROJECT 1 315-91258 (2,033) To record a budget decrease in the amount of $2,033.43 of General Fund revenue and return these funds back to the General Fund. This project is complete and will be closed.(2,033) Rescue Squad Replacement - CLOSE PROJECT 2 315-91266 (22,660) To record a budget decrease in the amount of $22,660.29 of General Fund revenue and return these funds back to the General Fund. This project is complete and will be closed.(22,660) Training Facility Concrete Pad Repairs - CLOSE PROJECT 3 315-91267 (7,335) To record a budget decrease in the amount of $7,335.00 of General Fund revenue and return these funds back to the General Fund. This project is complete and will be closed.(7,335) Traffic Calming Program 4 315-92276 (575,000) To record a budget transfer in the amount of $575,000.00 of Local Option Gas Tax to project 315-92562,Intersection Improvements. 315-92276 575,000 To record a budget transfer in the amount of $575,000.00 of Transportation Impact Fees from project 315-92562,Intersection Improvements.0 Intersection Improvements 5 315-92562 (575,000) To record a budget transfer in the amount of $575,000.00 of Transportation Impact Fees to project 315-92276,Traffic Calming Program. 315-92562 575,000 To record a budget transfer in the amount of $575,000.00 of Local Option Gas Tax from project 315-92276,Traffic Calming Program.0 Park Land Acquisition - NEW PROJECT 6 315-93133 235,000 To establish the project budget and record a budget increase in the amount of $235,000.00 of Recreation Land Impact Fees from the Special Development Fund.The funding will provide for the acquisition of real property located at 421 McMullen Booth Road This was approved by the City Council on November 6, 2014. 235,000 Bicycle Paths - Bridges 7 315-93272 (4,700) To record a budget decrease in the amount of $4,700.00 of Recreation Land Impact Fees and return these funds back to the Special Development Fund.The return funding was the un-used portion of the not to exceed amount of $78,000.00 with regards to the purchase of real property from CSX Transportation. 315-93272 250,000 To record a budget increase in the amount of $250,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue.The funding will provide the additional funds needed for the site work and construction of the Bayshore Trail on the east side of Bayshore Blvd.from State Road 60 to the Ream Wilson Trail. This was approved by the City Council on January 15, 2015.245,300 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Bright House Repairs 8 315-93640 776,214 To record a budget increase in the amount of $776,214.00 of General Fund reserves.The funding will provide for the construction and installation of a new video,scoreboard and additional cameras and equipment for the Bright House Field. This was approved by the City Council on October 2, 2014.776,214 Joe DiMaggio Multipurpose Field Renovations -NEW PROJECT 9 315-93645 148,000 To establish the project and record a budget increase in the amount of $148,000.00 utilizing the following revenues; $100,000.00 from General Fund reserves;a contribution in the amount of $23,000.00 from Pennsylvania Professional Soccer, LLC;and a donation of $25,000.00 from the Conventions and Visitors Bureau.The funding will renovate the upper multipurpose field and bring the field to Major League Soccer standards.This was approved by the City Council on December 18, 2014.148,000 Rest Room Expansion of Barefoot Beach House -NEW PROJECT 10 315-93646 301,000 * To establish the project and record a budget increase in the amount of $301,000.00 of Other Revenue representing the fiscal year 2015 capital contribution from Fields,Inc.The contribution will provide for the expansion and renovations of the restrooms at the Barefoot Beach House as well as the construction of a new storage facility for the Parks and Recreation department to house vehicles being displaced by the restroom expansion.This agreement with Fields,Inc.was approved by the City Council on November 20, 2014.301,000 Rehabilitation of Hangar D 11 315-94882 100,000 * To record a budget increase in the amount of $100,000.00 of FDOT Grant revenue.The grant funding is needed due to the lowest bid being higher than anticipated.This was approved by the City Council on February 19, 2015. 315-94882 25,000 To record a budget increase in the amount of $25,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue.The revenue is to provide the 20%City match per the FDOT Grant agreement.This was approved by the City Council on February 19, 2015.125,000 Town Lake - CLOSE PROJECT 12 315-96125 (71,342) To record a budget transfer in the amount of $71,341.63 of Stormwater revenue to project 315-96180,Stormwater Main Street Sweeping Facility.The Town Lake project is complete and will be closed.(71,342) FDEP Compliance - CLOSE PROJECT 13 315-96137 (26,170) To record a budget transfer in the amount of $26,170.20 of Stormwater revenue to project 315-96180,Stormwater Main Street Sweeping Facility.The FDEP Compliance project is complete and will be closed.(26,170) 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Stevenson Creek Watershed Projects 14 315-96169 (750,000) To record a budget transfer in the amount of $750,000.00 of Stormwater revenue to project 315-96188,East Gateway Improvements.The funding will provide for design and permitting of Stormwater and Sewer systems which will replace the current system that is at the end of its useful life span.This was approved by the City Council on February 19, 2015.(750,000) Coastal Basins Projects 15 315-96170 (900,000) To record a budget transfer in the amount of $900,000.00 of Stormwater revenue to project 315-96187,Mango Outfall.The funding will provide for replacement of stormwater inlets, undersized pipes and install water quality baskets to collect leaves,debris and sediment so that the material can be hauled off site for disposal.This was approved by the City Council on February 5, 2015.(900,000) Alligator Creek Watershed Projects 16 315-96173 (1,950,000) To record a budget transfer in the amount of $1,950,000.00 of Stormwater revenue to project 315-96186,Hillcrest Bypass Culvert.The funding will provide for the installation of 1,900 feet of 6.5 feet by 11 feet box culvert and provide flood relief for 47 homes adjacent to the creek between Jeffords Street and Bellevue Boulevard Street to the upstream end of Linn Lake. This was approved by the City Council on February 5, 2015.(1,950,000) Tropic Hill Phase III 17 315-96179 (2,770) * To record a budget decrease in the amount of $2,770.24 of SWFWMD Grant revenue due to the completion of the project under budget. 315-96179 2,770 To record a budget transfer in the amount of $2,770.24 of Stormwater revenue from project 315-96183,Mandalay Ave Outfall. The Mandalay project is complete and will be closed.0 Stormwater Main Street Sweeping Facility 18 315-96180 306,493 To record a budget transfer in the amount of $306,493.28 of Stormwater revenue consisting of $71,341.63 from project 315- 96125,Town Lake;$26,170.20 from project 315-96137,FDEP Compliance;$200,089.75 from project 315-96181,Jeffords Street Channel and $8,891.70 from project 315-96183, Mandalay Ave Outfall.All of the listed projects are complete and will be closed.306,493 Jeffords Street Channel - CLOSE PROJECT 19 315-96181 (200,090) To record a budget transfer in the amount of $200,089.75 of Stormwater revenue to project 315-96180,Stormwater Main Street Sweeping Facility.This project is complete and will be closed.(200,090) 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Mandalay Ave Outfall - CLOSE PROJECT 20 315-96183 (147,745) * To record a budget decrease in the amount of $147,744.79 of SWFWMD Grant revenue due to completion of the project which will be closed. 315-96183 (11,662) To record a budget transfer in the amount of $11,661.94 of Stormwater revenue consisting of $2,770.24 to project 315- 96179,Tropic Hills Phase III,and $8,891.70 to project 315- 96180,Stormwater Street Sweeping Facility,due to the completion of the project. This project will be closed.(159,407) Hillcrest Bypass Culvert - NEW PROJECT 21 315-96186 1,950,000 To establish the project and record a budget transfer in the amount of $1,950,000.00 of Stormwater revenue from project 315-96173,Alligator Creek Watershed Projects.The funding will provide for the installation of 1,900 feet of 6.5 feet by 11 feet box culvert and provide flood relief for 47 homes adjacent to the creek between Jeffords Street and Bellevue Boulevard Street to the upstream end of Linn Lake.This was approved by the City Council on February 5, 2015. 315-96186 1,950,000 * To record a budget increase in the amount of $1,950,000.00 of SWFWMD Grant revenue.This was approved by the City Council on February 5, 2015.3,900,000 Mango Outfall - NEW PROJECT 22 315-96187 900,000 To establish the project and record a budget transfer in the amount of $900,000.00 of Stormwater revenue from project 315- 96170,Coastal Basins Projects.The funding will provide for replacement of stormwater inlets,undersized pipes and install water quality baskets to collect leaves,debris and sediment so that the material can be hauled off site for disposal.This was approved by the City Council on February 5, 2015. 315-96187 900,000 * To record a budget increase in the amount of $900,000.00 of SWFWMD Grant revenue as approved by the City Council on February 5, 2015.1,800,000 East Gateway Improvements - NEW PROJECT 23 315-96188 750,000 To establish the project and record a budget transfer in the amount of $750,000.00 of Stormwater revenue from project 315- 96169,Stevenson Creek Watershed Projects.The funding will provide for the design and permitting of Stormwater and Sewer Systems for their replacement.Also included will be installing a baffle box on the storm system to collect leaves,debris and sediment so that materials can be hauled off site for disposal. Additionally,a portion of the potable water system will be replaced.This was approved by the City Council on February 19, 2015. 315-96188 750,000 * To record a budget increase in the amount of $750,000.00 of SWFWMD Grant revenue as approved by the City Council on February 19, 2015.1,500,000 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Industrial Pretreatment Vehicle - CLOSE PROJECT 24 316-96205 (2,416) * To record a budget decrease in the amount of $2,416.00 of Lease Purchase funding.The vehicle has been purchased and the project will be closed.(2,416) Maintenance Vehicle - CLOSE PROJECT 25 316-96206 (7,879) * To record a budget decrease in the amount of $7,879.00 of Lease Purchase funding.The vehicle has been purchased and the project will be closed.(7,879) Bobcat E35 Compact Excavator 26 316-96208 13,000 * To record a budget increase in the amount of $13,000.00 of Lease Purchase funding.The original quote was over a year old and current purchase price is higher than the estimated budget.13,000 Line Relocation - Pinellas Maintenance 27 315-96365 (422,821) To record a budget transfer in the amount of $422,821.00 of Gas revenue to project 315-96367,Gas Meter Change Out -Pinellas. The funding will provide for the purchase of metering equipment associated with the Clearwater Gas System Automated Meter Reading Project -Phase III.This was approved by the City Council on December 18, 2014. 315-96365 (500,000) To record a budget transfer in the amount of $500,000.00 of Gas revenue to project 315-96378,Pasco New Mains-Service Lines. The funding will provide for a new gate station in Pasco County with Florida Gas Line Transmission to increase our service area. (922,821) Gas Meter Change Out - Pinellas 28 315-96367 825,000 To record a budget transfer in the amount of $422,821.00 of Gas revenue from project 315-96365,Line Relocation -Pinellas Maintenance.Also to record a second budget transfer in the amount of $402,179.00 of Gas Revenue from project 315-96379, Gas Meter Change Out -Pasco.The funding will provide for the purchase of metering equipment associated with the Clearwater Gas System Automated Meter Reading Project -Phase III.This was approved by the City Council on December 18, 2014. 315-96367 650,000 To record a budget transfer in the amount of $650,000.00 of Gas revenue from project 315-96381,Gas Meter Change Out Pinellas.The funding will provide funds for the automatic meter reading project. 315-96367 200,000 To record a budget transfer in the amount of $200,000.00 of Gas revenue from project 315-96379,Gas Meter Change Out Pasco. The funding will provide funds for the automatic meter reading project. 1,675,000 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Line Relocation-Pasco Maintenance 29 315-96376 (500,000) To record a budget transfer in the amount of $500,000.00 of Gas revenue to project 315-96378,Pasco New Mains-Service Lines. The funding will provide for new gate station in Pasco County with Florida Gas Line Transmission to increase our service area. (500,000) Pinellas New Mains-Service Lines 30 315-96377 810,000 To record a budget increase in the amount of $810,000.00 of General Fund revenue representing proceeds of the increased Gas dividend.The funding will provide for the accelerated completion in the Antiquated Main Replacement program.This was approved by the City Council on March 5, 2015.810,000 Pasco New Mains-Service Lines 31 315-96378 500,000 To record a budget transfer in the amount of $500,000.00 of Gas revenue from project 315-96365,Line Relocation -Pinellas Maintenance.The funding will provide for new gate station in Pasco County with Florida Gas Line Transmission to increase our service area. 315-96378 500,000 To record a budget transfer in the amount of $500,000.00 of Gas revenue from project 315-96376,Line Relocation -Pasco Maintenance.The funding will provide the funds for the automatic meter reading project.1,000,000 Gas Meter Change Out - Pasco 32 315-96379 (402,179) To record a budget transfer in the amount of $402,179.00 of Gas revenue to project 315-96367,Gas Meter Change Out -Pinellas. The funding will provide for the purchase of metering equipment associated with the Clearwater Gas System Automated Meter Reading Project -Phase III.This was approved by the City Council on December 18, 2014. 315-96379 (200,000) To record a budget transfer in the amount of $200,000.00 of Gas revenue to project 315-96367,Gas Meter Change Out Pinellas. The funding will provide funds for the automatic meter reading project. (602,179) Line Relocation-Pasco Capitalized 33 315-96381 (650,000) To record a budget transfer in the amount of $650,000.00 of Gas revenue to project 315-96367,Gas Meter Change Out Pinellas. The funding will provide funds for the automatic meter reading project. (650,000) Single Stream Recycling Carts - CLOSE PROJECT 34 315-96446 (15,725) To record a budget transfer in the amount of $15,725.24 of Recycling revenue to project 315-96804,Recycling Container Acquisition. This project is complete and will be closed.(15,725) 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Transfer Station Rebuild - NEW PROJECT 35 315-96447 1,000,000 To establish the project and record a budget increase in the amount of $1,000,000.00 of Solid Waste funding from fund reserves.This initial funding will provide for the preliminary site work to include but not limited to geotechnical surveys,land surveys and preliminary design.This was approved by the City Council on October 15, 2014.1,000,000 Odor Control 36 315-96615 (15,429) * To record a budget decrease in the amount of $15,428.94 of Other Governmental revenue representing reimbursement from the City of Safety Harbor that will not be received.The portion of the project involving the City of Safety Harbor is complete.This will bring actual cash receipts in line with budgeted revenues.(15,429) WWTP Generator Replacements 37 327-96619 200,000 To record a budget transfer in the amount of $200,000.00 of Utility Renewal and Replacement funds from project 327-96645, Laboratory Upgrade.The funding will provide for a new uninterruptable power supply and load shed system at the Utilities Laboratory.This was approved by the City Council on October 2, 2014.200,000 Sanitary Sewer Extension 38 315-96630 (37,028) * To record a budget decrease in the amount of $37,027.80 of U.S.Department of Environmental Protection Agency grant funding representing reimbursement for their portion of the Idyllwild /Mall Sanitary Sewer Extension project that will not be received.The design through bid award portion is complete. This will bring actual cash receipts in line with budgeted revenues.(37,028) Laboratory Upgrade 39 327-96645 (200,000) To record a budget transfer in the amount of $200,000.00 of Utility Renewal and Replacement funds to project 327-96619, WWTP Generator Replacements.The funding will provide for a new uninterruptable power supply and load shed system at the Utilities Laboratory.This was approved by the City Council on October 2, 2014.(200,000) Facilities Upgrade & Improvements 40 315-96654 569,826 * To record a budget increase in the amount of $569,825.78 of Other Governmental revenue representing the City of Safety Harbor's share of the Northeast Clarifier project.569,826 Recycling Container Acquisition 41 315-96804 15,725 To record a budget increase in the amount of $15,725.24 of Recycling revenue from project 315-96446,Single Stream Recycling Carts.The Single Stream Recycling Carts project is complete and will be closed.15,725 31 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2014/15 Recycling Processing Center Expansion and Upgrade -NEW PROJECT 42 315-96809 1,000,000 To establish the project and record a budget increase in the amount of $1,000,000.00 of Recycling revenue from fund reserves.This initial funding will provide for the preliminary site work to include but not limited to geotechnical surveys,land surveys and preliminary design and equipment.This was approved by the City Council on October 15, 2014.1,000,000 TOTALS 8,578,044 (0) 8,578,044 32 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Budget Revised Project Open Available AmendDescription10/1/14 Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91150 Range Improvements 1,700,000 1,700,000 - 1,700,000 91151 Police Property / Evidence Storage 75,000 75,000 - 75,000 Sub-Total 1,775,000 - 1,775,000 - - 1,775,000 Fire Protection 91218 Fire Engine Replacement 1,598,746 1,598,746 1,553,195 45,551 91221 EMS Capital Equipment 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,856,400 1,856,400 844,125 1,012,275 91236 Rescue Vehicle 1,419,869 1,419,869 818,550 601,319 91253 Main Station (Fire)11,592,885 11,592,885 10,088,624 1,027,939 476,323 91257 AED Program 121,960 121,960 89,713 32,247 91258 Ladder Truck Equipment 150,000 (2,033) 147,967 147,967 - C 191259Radio Replacements 364,640 364,640 352,227 6,844 5,569 91260 Thermal Imaging Cameras 112,530 112,530 69,295 43,235 91261 Personal Protection Equipment 1,283,690 1,283,690 970,887 312,803 91262 SCBA Upgrade - Fill Station 125,000 125,000 82,366 42,634 91263 Extrication Tools 56,000 56,000 25,603 30,397 91264 Fire Hose Replacement 235,810 235,810 163,126 72,684 91266 Rescue Squad Replacement 850,000 (22,660) 827,340 827,340 - C 291267Training Facility Concrete Pad Replace 90,000 (7,335) 82,665 82,665 - C 391268Countryside Fire Station 3,697,910 3,697,910 4,573 215,668 3,477,670 Sub-Total 24,721,150 (32,029) 24,689,121 17,151,734 1,250,451 6,286,936 TRANSPORTATION New Street Construction92146Druid Road Improvements 4,147,569 4,147,569 2,943,580 4,855 1,199,134 Sub-Total 4,147,569 - 4,147,569 2,943,580 4,855 1,199,134 Major Street Maintenance92274Bridge Maintenance & Improvements 6,670,150 6,670,150 1,330,973 58,400 5,280,777 92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,042,901 702,938 92276 Traffic Calming Program 5,928,635 - 5,928,635 2,195,109 1,118,787 2,614,739 492277Streets and Sidewalks 9,849,057 9,849,057 3,523,694 1,676,789 4,648,575 Sub-Total 26,193,681 - 26,193,681 10,092,677 2,853,976 13,247,028 Sidewalks and Bike Trail92339New Sidewalks 1,247,471 1,247,471 641,715 12,962 592,794 Sub-Total 1,247,471 - 1,247,471 641,715 12,962 592,794 Intersections92559City-Wide Intersection Improvement 799,056 799,056 799,056 92560 Signal Renovation 210,385 210,385 87,351 123,034 92561 New Signal Installation 322,877 322,877 165,737 63 157,078 92562 Intersection Improvements 2,447,017 - 2,447,017 14,993 2,432,024 5 Sub-Total 3,779,335 - 3,779,335 268,081 63 3,511,192 Parking 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 100,000 9,300,000 92650 Sand Wall Replacement on Clw Bch 330,000 330,000 182,497 14,495 133,008 92652 Parking Lot Resurfacing 954,633 954,633 30,777 325,444 598,412 92653 Parking Garage Structure Repair 622,603 622,603 159,593 53,489 409,522 92654 Parking Lot Improvement 830,357 830,357 84,463 745,894 92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 15,800 16,440 47,760 Sub-Total 12,217,593 - 12,217,593 573,130 409,868 11,234,595 Actual Expenditures 33 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Budget Revised Project Open Available AmendDescription10/1/14 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Miscellaneous Engineering92839Downtown Intermodal 621,078 621,078 519,967 101,111 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,055,902 2,563 441,535 92841 Miscellaneous Engineering 193,396 193,396 70,855 17,078 105,463 Sub-Total 3,314,474 - 3,314,474 2,646,723 19,641 648,109 Land Acquisition 93133 Park Land Acquisition - 235,000 235,000 10,754 224,246 6 Sub-Total - 235,000 235,000 10,754 - 224,246 Park Development93203Carpenter Field-Infras Rep/Improve 419,380 419,380 351,544 1,500 66,336 93205 Brighthouse Field Infrastructure Imp 1,015,345 1,015,345 897,486 117,859 93247 Fitness Equipment Replacement 255,000 255,000 194,175 60,825 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 240,614 2,894,386 93263 Public Art Maintenance 1,498 1,498 - 1,498 93271 Swimming Pool R&R 671,573 671,573 545,845 125,728 93272 Bicycle Paths-Bridges 3,353,896 245,300 3,599,196 2,369,632 38,082 1,191,482 793273Restrooms on Clearwater Beach 923,000 923,000 909,118 13,882 93277 Harborview Infra Repair/Improve 635,451 635,451 503,011 132,441 93278 Long Center Infra Repairs 625,183 625,183 535,102 90,081 93286 Parking Lot/Bike Path Rsr/Imprv 656,943 656,943 541,116 115,827 93602 Sp Events Equip Rep & Rplcmnt 235,000 235,000 198,936 36,064 93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 257,903 159,097 93608 Miscellaneous Minor Public Art 253,061 253,061 114,603 3,800 134,658 93612 McMullen Tennis Complex 400,000 400,000 6,691 393,309 93618 Miscellaneous Park & Rec Contract 170,000 170,000 133,142 36,418 441 93623 Capitol Theatre 8,305,936 8,305,936 7,551,989 753,947 93624 Pier 60 Park Repairs and Improvements 510,000 510,000 111,472 88,701 309,828 93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 93626 FDOT Median & ROW Enhancement 340,206 340,206 211,206 6,829 122,171 93628 Carpenter/Bright House Fld Imp 32,482 32,482 - 32,482 93629 North Greenwood Athletic Fields 651,825 651,825 607,119 5,669 39,037 93630 Sid Lickton Complex Renovations 3,298,146 3,298,146 3,294,618 3,528 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 858,997 761 237,732 93633 Pier 60 Park Repairs and Improvements 160,000 160,000 117,617 36,171 6,212 93634 Concrete Sidewalk & Pad Repair 163,176 163,176 50,115 113,061 93635 Park Amenity Purch & Rplcmnt 182,800 182,800 108,274 8,880 65,646 93636 Tennis Court Resurfacing 105,310 105,310 9,616 95,694 93637 Playground & Fitness Purch & Rplc 337,079 337,079 117,063 84,226 135,791 93638 Fencing Replacement Program 204,664 204,664 71,352 8,927 124,385 93639 Marina District Boardwalk & Entry Node 606,510 606,510 70,318 72,424 463,769 93640 Bright House Repairs 701,272 776,214 1,477,486 614,559 788,085 74,841 893642Phillip-Jones Restroom/Concession 220,000 220,000 1,550 218,450 93643 John Deere Utility Tractor 40,000 40,000 - 40,000 - 93644 Joe DiMaggio Press Box Storage 400,000 400,000 399,788 212 93645 Joe DiMaggio Multi Field Reno - 148,000 148,000 148,000 993646Rest Rm Expan-Barefoot Bch House - 301,000 301,000 301,000 10 Sub-Total 30,924,226 1,470,514 32,394,740 21,594,783 1,620,259 9,179,699 34 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Budget Revised Project Open Available AmendDescription10/1/14 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Marine Facilities93403Beach Guard Facility Maint 140,000 140,000 109,884 30,116 93405 Downtown Boat Slips 12,693,770 12,693,770 12,235,284 64,867 393,619 93410 Clwr Harbor Marina Maintenance 75,000 75,000 37,918 37,082 93412 City-wide Seawall Replacement 1,581,000 1,581,000 715,701 247,897 617,401 93415 Waterway Maintenance 260,000 260,000 30,205 229,795 93417 Pier 60 Refurbishment 600,000 600,000 575,943 24,057 93418 Utilities Services Replacement 137,714 137,714 84,101 53,613 93419 Dock Replacement & Repair 81,727 81,727 35,451 16,320 29,956 93420 Fuel System R & R 57,752 57,752 17,799 39,953 93421 Marine Facilities Dredging & Maint 68,715 68,715 12,484 23,130 33,101 93422 Dredging of City Waterways 246,204 246,204 53,699 59,150 133,355 93495 Dock Construction 24,858 24,858 16,978 7,880 (0) 93497 Docks & Seawalls 1,186,085 1,186,085 552,272 633,813 93499 Pier 60/Sailing Center Maint 261,952 261,952 217,943 44,009 Sub-Total 17,414,777 - 17,414,777 14,695,661 419,244 2,299,872 Airpark94817Airpark Maint & Repair 149,000 149,000 133,509 15,491 94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 1,904,958 10,200 84,842 94881 Airpark Hangar Rehabilitation 200,000 200,000 124,714 1,653 73,633 94882 Rehabilitation of Hanger "D"500,000 125,000 625,000 5,128 619,872 11 Sub-Total 2,849,000 125,000 2,974,000 2,168,308 11,853 793,839 Libraries93527Books & Other Lib Mat - II 7,796,601 7,796,601 6,976,287 6,039 814,275 93528 Countryside Library Renovation 7,102,668 7,102,668 1,736,030 4,486,716 879,921 93529 Main Library Entryway Improve 130,000 130,000 77,739 52,261 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 Sub-Total 21,279,269 - 21,279,269 8,790,057 4,492,755 7,996,458 Garage 94233 Motorized Equip-Cash II 1,370,656 1,370,656 1,051,934 28,823 289,899 94238 Police Vehicles 1,600,001 1,600,001 1,233,845 104,617 261,539 94241 Motorized Equipment Replace - L/P 19,126,392 19,126,392 9,391,115 855,177 8,880,100 94242 Overhead Crane 48,000 48,000 50,089 (2,089) 94243 Police Radio P25 Upgrade 2,000,000 2,000,000 2,000,000 Sub-Total 24,145,049 - 24,145,049 11,726,983 988,617 11,429,450 Maintenance of Buildings 94510 Air Cond Replace-City Wide 2,771,538 2,771,538 2,537,450 8,239 225,849 94512 Roof Repairs 680,345 680,345 674,597 25,176 (19,428) 94514 Roof Replacements 1,990,352 1,990,352 1,291,589 698,763 94517 Painting of Facilities 1,017,720 1,017,720 624,966 73,557 319,197 94518 Fencing of Facilities 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 988,952 988,952 743,921 245,031 94521 Elevator Refurbish/Modernization 280,000 280,000 166,929 113,071 94528 Light Replacement & Repair 279,931 279,931 214,523 65,408 94529 MSB Restroom Renovations 65,000 65,000 4,750 60,250 94530 Building Systems 250,000 250,000 - 250,000 94624 Harborview Demolition 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 1,151,160 66,702 1,084,458 Sub-Total 10,589,809 - 10,589,809 6,508,590 106,972 3,974,246 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Budget Revised Project Open Available AmendDescription10/1/14 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Miscellaneous 94729 City-wide Connect Infra 2,106,478 2,106,478 1,693,468 4,131 408,879 94736 Geographic Information Sys 1,052,726 1,052,726 1,024,206 28,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 533,658 533,658 244,249 289,409 94803 Environmental Assmt & Clean-up 990,964 990,964 715,764 275,200 94814 Network Infra & Server Upgrade 2,985,057 2,985,057 2,308,716 17,130 659,212 94820 HR PeopleSoft Upgrade 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 400,000 400,000 278,146 4,389 117,466 94827 Telecommunications Upgrade 479,000 479,000 334,953 10,665 133,382 94828 Financial Systems Upgrades 976,628 976,628 225,243 2,938 748,448 94829 CIS Upgrades / Replacement 847,376 847,376 318,999 528,377 94830 MS Licensing / Upgrades 775,000 775,000 504,143 270,857 94833 Computer Monitors 320,000 320,000 315,250 3,180 1,570 94839 Roadway & Traffic Asset Mgt 440,000 440,000 297,300 90,278 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 153,611 346,085 304 94857 Accela Permitting & Code Enforce 250,000 250,000 66,123 4,200 179,677 94861 Library Technology 1,250,000 1,250,000 729,135 23,243 497,622 94873 Citywide Camera System 160,000 160,000 109,452 50,548 94874 City Enterprise Timekeeping System 185,000 185,000 161,897 23,103 94878 Asset Management Upgrade 120,000 120,000 - 120,000 94879 Aging Well Center Tech Upgrade 105,000 105,000 - 105,000 94880 Granicus Agenda Management Sys 60,000 60,000 41,136 18,864 94883 Business Process Review & Improvements 150,000 150,000 - 150,000 Sub-Total 15,536,887 - 15,536,887 9,677,642 506,239 5,353,006 UTILITIES Stormwater Utility96124Storm Pipe System Improvements 17,324,338 17,324,338 10,702,815 2,515,779 4,105,744 96125 Town Lake 8,843,010 (71,342) 8,771,668 8,766,524 5,144 (0) C 1296129Stevenson Creek Estuary Restoration 6,967,225 6,967,225 6,275,363 691,862 96137 FDEP Compliance 1,008,000 (26,170) 981,830 981,830 - C 1396164Allen's Creek Improvement Projects 499,250 499,250 356,682 43,850 98,718 96168 Stormwater System Expansion 2,457,956 2,457,956 109,505 8,275 2,340,176 96169 Stevenson Creek 4,717,122 (750,000) 3,967,122 2,690,606 495,291 781,225 1496170Coastal Basin Projects 7,193,178 (900,000) 6,293,178 3,376,884 11,881 2,904,413 1596173Alligator Creek Watershed Projects 4,666,490 (1,950,000) 2,716,490 997,260 68,778 1,650,452 1696176Allen's Creek Watershed Mgt Plan 200,000 200,000 114,177 8,642 77,181 96177 Jeffords Street Outfall 400,000 400,000 106,763 26,047 267,190 96178 Smallwood Circle 2,437,719 2,437,719 914,012 791,330 732,377 96179 Tropic Hills Phase III 1,291,326 - 1,291,326 1,291,326 0 1796180Stormwater Maint St Sweeping Fac 376,511 306,493 683,004 301,963 11,525 369,516 1896181Jeffords Street Channel 1,596,362 (200,090) 1,396,272 1,396,273 - (0) C 1996183Mandalay Ave Outfall 1,600,000 (159,407) 1,440,593 1,440,593 - C 2096184Magnola Drive Outfall 3,100,000 3,100,000 212,118 51,024 2,836,857 96185 Woodlawn Terrace Floodplain Storage 1,006,620 1,006,620 644,223 262,410 99,986 96186 Hillcrest Bypass Culvert - 3,900,000 3,900,000 - - 3,900,000 2196187Mango Outfall - 1,800,000 1,800,000 - - 1,800,000 2296188East Gateway Improvements - 1,500,000 1,500,000 - - 1,500,000 23Sub-Total 65,685,107 3,449,485 69,134,592 40,678,917 4,299,977 24,155,698 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Budget Revised Project Open Available AmendDescription10/1/14 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Water System 96721 System R & R - Maintenance 3,666,799 3,666,799 2,118,006 746 1,548,047 96739 Reclaimed Water Dist Sys 63,271,459 63,271,459 60,422,881 327,766 2,520,812 96740 Water Supply/Treatment 5,870,430 5,870,430 4,977,999 49,710 842,721 96741 System R & R-Capitalized 10,236,996 10,236,996 8,423,095 19,268 1,794,633 96742 Line Relocation-Capitalized 12,364,511 12,364,511 10,189,800 282,141 1,892,569 96743 Mtr Bkflow Prev Dev/Change 4,324,046 4,324,046 3,220,768 1,103,278 96744 System Expansion 2,174,673 2,174,673 2,009,555 165,118 96752 Water Service Lines 4,892,119 4,892,119 3,605,553 1,286,566 96764 RO Plant Exp Res #1 16,865,751 16,865,751 15,614,494 715,629 535,627 96766 Water Quality Monitoring Devices 600,000 600,000 8,255 591,745 96767 RO Plant at Res #2 44,948,968 44,948,968 39,763,595 4,665,716 519,657 96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 105,728 144,272 96773 Groundwater Replenishment Facility 6,705,833 6,705,833 2,732,689 27,568 3,945,576 96774 Automated Meter Reading 2,300,000 2,300,000 - 2,300,000 96775 Arsenic Treatment WTP #3 1,359,420 1,359,420 71,962 75,219 1,212,239 96777 Water Supply Pick-up Trucks 120,000 120,000 51,400 34,224 34,376 96778 Fork Lift 30,000 30,000 - 30,000 96779 Trench Box 65,000 65,000 - 65,000 Sub-Total 180,046,005 - 180,046,005 153,315,783 6,197,988 20,532,235 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 4,849,383 2,676,864 1,746,206 426,313 96204 WWTP UV Disinfections System 1,225,986 1,225,986 791,315 52,748 381,923 96205 Industrial Pretreatment Vehicle 25,000 (2,416) 22,584 22,584 - C 2496206Maintenance Vehicle 26,000 (7,879) 18,121 18,121 - C 2596207Mini Dump Truck 50,000 50,000 - 50,000 96208 Bobcat E35 Compact Excavator 27,000 13,000 40,000 - 40,000 2696611Bio-Solids Treatment 9,191,761 9,191,761 7,704,898 20,769 1,466,094 96615 Odor Control 2,172,523 (15,429) 2,157,094 1,927,302 229,792 3696619WWTP Generator Replacements 4,211,383 200,000 4,411,383 2,829,588 1,351,411 230,384 3796621WWTP New Presses 3,402,580 3,402,580 3,388,052 14,528 96630 Sanitary Sewer Extension 11,609,894 (37,028) 11,572,866 4,573,280 4,419,161 2,580,425 3896634Sanitary Util Reloc Accmmdtn 5,291,813 5,291,813 3,689,304 87,803 1,514,706 96645 Laboratory Upgrade & R&R 2,166,259 (200,000) 1,966,259 1,443,205 181,513 341,541 3996654Facilities Upgrade & Improvement 19,193,882 569,826 19,763,708 14,369,633 284,065 5,110,010 4096664WPC R & R 23,389,964 23,389,964 17,425,831 700,792 5,263,341 96665 Sanitary Sewer R&R 27,628,789 27,628,789 21,319,833 950,231 5,358,725 96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,325,971 260,551 96686 Pump Station Replacement 18,276,977 18,276,977 15,306,440 383,242 2,587,295 Sub-Total 135,325,716 520,074 135,845,790 99,812,221 10,177,941 25,855,628 Gas System96358Environmental Remediation 2,404,794 2,404,794 1,385,890 175,902 843,002 96365 Line Relocation-Pinellas Maint 1,906,927 (922,821) 984,106 502,528 84,670 396,908 2796367Gas Meter Change Out-Pinellas 1,540,000 1,675,000 3,215,000 1,890,495 1,324,505 2896374Line Relocation-Pinellas Capital 2,586,983 2,586,983 2,239,879 347,104 96376 Line Relocation - Pasco Maint 880,000 (500,000) 380,000 84,756 295,244 2996377Pinellas New Main / Service Lines 24,534,656 810,000 25,344,656 21,160,645 4,184,011 3096378Pasco New Mains / Service Lines 11,226,538 1,000,000 12,226,538 9,791,953 251,288 2,183,297 3196379Pasco Gas Meter Change Out 1,070,000 (602,179) 467,821 318,669 149,152 3296381Line Reloc-Pasco-Capital 905,000 (650,000) 255,000 2,601 252,399 3396382Gas Inventory - Work Mgmt Sys 992,000 992,000 837,451 154,549 96384 Gas Building Renovation 1,649,675 1,649,675 487,955 1,161,720 96385 Gas Main Extensions 1,557,845 1,557,845 1,001,595 556,250 96386 Expanded Energy Conservation 2,978,418 2,978,418 2,329,556 648,862 96387 Natural Gas Vehicle 4,100,000 4,100,000 3,667,290 40,153 392,557 96389 Future IMS Software & Hardware 200,000 200,000 55,588 144,412 Sub-Total 58,532,836 810,000 59,342,836 45,756,852 552,013 13,033,971 37 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Budget Revised Project Open Available AmendDescription10/1/14 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Solid Waste96426Facility R & R 2,152,608 2,152,608 1,525,680 626,928 96443 Res Container Acquisition-II 1,491,741 1,491,741 1,034,045 457,696 96444 Comm Container Acquisition-II 2,990,020 2,990,020 2,082,650 17,406 889,965 96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 - 96446 Single Stream Recycling Carts 1,500,000 (15,725) 1,484,275 1,484,275 - C 3496447Transfer Station Rebuild - 1,000,000 1,000,000 - 1,000,000 35 Sub-Total 8,323,783 984,275 9,308,058 6,316,063 17,406 2,974,589 Utility Miscellaneous96516Citywide Aerial Photo 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 634,184 634,184 519,811 2,977 111,396 Sub-Total 793,717 - 793,717 671,407 2,977 119,333 Recycling96804Recycling Carts/Dumpsters 850,925 15,725 866,650 555,441 311,210 4196805Recycling Expansion/Particip/R&R 1,271,525 1,271,525 879,780 53,314 338,431 96809 Recyc Processing Ctr Expand & Upgrade - 1,000,000 1,000,000 - - 1,000,000 42 Sub-Total 2,122,450 1,015,725 3,138,175 1,435,220 53,314 1,649,641 TOTAL ALL PROJECTS 650,964,903 8,578,044 659,542,947 457,476,879 33,999,370 168,066,698 38 Special Program Fund First Quarter Budget Amendments October 1, 2014 - December 31, 2014 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs 2014 Report Review Team Program 1 99206 (53,696) To record a budget transfer of $53,696 in fines,forfeitures and penalties revenue to program 181-99211,2014 RRT Investigate Cost Recovery.The continuation of the Report Review Team Program was approved by Council on August 7,2015,this transfer will provide separate programs to account for the grant vs. cash match portion of the program. (53,696) FDOT HVE Pedestrian/Bicycle Safety Grant - NEW PROGRAM 2 99208 94,230 To establish the program and record a budget increase of $94,230 in grant revenue from the Florida Department of Transportation (FDOT),to fund a comprehensive enforcement/education project aimed at changing the behavior of all who use Clearwater's roadways.This was approved by the Council on November 6, 2014.94,230 Clearwater Cold Case Team 2014 - NEW PROGRAM 3 99209 30,671 To establish the program and record a budget increase of $30,671 in grant revenue from the US Department of Justice National Institute of Justice,to allow the CPD to enhance its existing Cold Case Unit and solve even more cases with additional overtime/fringe benefits for cases and evidence review.This was approved by the Council on October 15, 2014.30,671 2014 RRT Investigative Cost Recovery - NEW PROGRAM 4 99211 53,696 To establish the program and record a transfer of $53,696 in fines,forfeitures and penalties revenue from program 181- 99206,2014 Report Review Team Program.The continuation of the Report Review Team Program was approved by Council on August 7,2015,this transfer will provide separate programs to account for the grant vs.cash match portion of the program. 53,696 AmeriCorps Clearwater 2015 - NEW PROGRAM 5 99212 82,152 84,094 To establish the program and record a budget increase of $82,152 in grant revenue from the Florida Commission on Community Service (Volunteer Florida)to fund the AmeriCorps program for 2015. To record a transfer of $84,094 in fines,forfeitures and penalties revenue from 181-99331,Special Law Enforcement Trust Fund,to provide cash match for the program, as approved by the Council on December 18, 2014.166,246 39 Special Program Fund First Quarter Budget Amendments October 1, 2014 - December 31, 2014 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment AmeriCorps Clearwater 2013 - CLOSE PROGRAM 6 99246 (8,183) To record a transfer of $8,182.54 in fines,forfeitures and penalties revenue to program 181-99331,Special Law Enforcement Trust Fund.This will return unspent revenue to the original program and close this completed program. (8,183) School Resource Officers 7 99264 158,247 152,874 To record a budget increase of $158,247 in reimbursement revenue representing funding from the Pinellas County School Board for School Resource Officers for fiscal year 2014/15. To record a transfer of $152,874.15 in fines,forfeitures and penalties revenue from 181-99331,Special Law Enforcement Trust Fund,to provide the remaining funding needed for the program,as approved by the Council on November 6, 2014.311,121 Police Recruitments 8 99279 3,127 To record a transfer of $3,126.92 in fines,forfeitures and penalties revenue from 181-99331,Special Law Enforcement Trust Fund 3,127 Federal Forfeitures - Treasury 9 99281 1,019 To record a budget increase of $1,019.30 representing $631.74 in US Department of Justice revenue and $387.56 in interest earnings.To bring the budget in-line with actual revenue in the program. 1,019 Police Volunteers 10 99316 6,258 To record a transfer of $6,258.25 in fines,forfeiture and penalties revenue from program 181-99331,Special Law Enforcement Trust Fund to fund purchases associated with our Police Volunteer program. 6,258 Police Education Fund 11 99317 10,777 To record a budget increase of $10,777.04 in police education fine revenue to bring the budget in-line with actual receipts. 10,777 Citizens Police Academy - CLOSE PROGRAM 12 99325 (8,758) To record a budget transfer of $8,757.53 in fines,forfeitures and penalties revenue to program 181-99356,Safe Neighborhood Program. This will close out this program.(8,758) Investigative Recovery Costs 13 99329 62,689 To record a budget increase of $13,797.23 in grant revenue from the US Department of Justice,an increase of $48,341.73 in fines,forfeitures and penalties revenue,and an increase of $550.00 in donation revenue;which will bring the budget in-line with actual receipts.62,689 40 Special Program Fund First Quarter Budget Amendments October 1, 2014 - December 31, 2014 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Florida Contraband Forfeiture Fund 14 99330 80,682 (330,000) To record budget increases of $70,658.75 in fines, forfeitures and penalties revenue and $10,023.15 in interest earnings which will bring the budget in-line with actual receipts. To record a transfer of $330,000 in fines,forfeitures,and penalties revenue to project 181-99331,Special Law Enforcement Trust Fund.(249,318) Law Enforcement Trust Fund 15 99331 (68,171) To record a net budget decrease of $145,043.86, amendments include:1)a transfer of $330,000 in fines, forfeitures and penalties revenue from 181-99330,Florida Contraband Forfeiture Fund;2)a transfer of $8,182.54 in fines,forfeitures and penalties revenue from 181-99246, AmeriCorps Clearwater 2013;3)a transfer of $84,094 in fines,forfeitures and penalties revenue to 181-99212, AmeriCorps Clearwater 2015;4)a transfer of $152,874.15 in fines,forfeitures and penalties revenue to 181-99264,School Resource Officers;5)a transfer of $6,258.25 in fines, forfeitures and penalties revenue to 181-99316,Police Volunteers;6)a transfer of $160,000 in fines,forfeitures and penalties revenue to 181-99356,Safe Neighborhood Program; and 7) a transfer of $3,126.92 in fines, forfeitures (68,171) Vehicle Replacement 16 99350 11,750 To record a transfer of $11,750 in Police Services Revenue from program 181-99908,Extra Duty Program.This represents revenue collected for vehicle usage on extra duty jobs.11,750 Safe Neighborhood Program 17 99356 158,758 To record a transfer of $160,000 in fines,forfeitures,and penalties revenue from project 181-99331,Special Law Enforcement Trust Fund;a transfer of $8,757.53 in fines, forfeitures,and penalties revenue from 181-99325,Citizen's Police Academy;and a transfer of $10,000 in fines, forfeitures and penalties revenue to 181-99364,Crime Prevention Program.158,758 Crime Prevention Program 18 99364 13,182 10,000 To record budget increases of $1,000 in donation revenue from Target for the National Night Out,$10,000 in donation revenue received from SSC Soft Computer for the purchase of K-9 dogs,and $2,181.90 in donation revenue from the Cornelius Family Foundation for Cornelius Awards and plaques. To record a transfer of $10,000 in fines,forfeitures,and penalties revenue from 181-99356,Safe Neighborhood Program.23,182 41 Special Program Fund First Quarter Budget Amendments October 1, 2014 - December 31, 2014 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Federal Forfeiture Sharing 19 99387 73,584 To record a budget increase of $73,584.03 representing $68,234.94 in grant revenue from the US Department of Justice and $5,349.09 in interest earnings;which will bring the budget in-line with actual receipts. 73,584 Public Safety Program Totals:607,233 11,750 618,983 Social Services Program Affordable Housing Impact Fees 20 99538 3,420 To record a budget increase of $3,419.86 in interest earnings to bring the budget in line with actual receipts.3,420 Social Services Program: Totals:3,420 - 3,420 Marine Projects: Sembler Mitigation Project 21 99704 7,223 To record a budget increase of $7,222.96 in interest earnings to bring the budget in line with actual receipts.7,223 Marine Projects: Totals:7,223 - 7,223 Miscellaneous Programs: United Way 22 99844 1,500 To record a budget increase of $1,500 in general fund revenue representing a transfer from the City Manager's Flex funds to provide funding for United Way campaign activities.1,500 42 Special Program Fund First Quarter Budget Amendments October 1, 2014 - December 31, 2014 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Events 23 99865 607,224 To record a budget increase of $332,224.03;representing increases of $14,025.29 in rental income,$67,218.04 in sponsorship revenue,$4,000.00 in memberships and registrations,$230,422.95 in sales revenue,and $16,557.75 in reimbursements,which will bring the budget in line with actual receipts for the quarter.Also included is an increase of $275,000 in General Fund revenue to fund Centennial Celebration Events as approved by the Council on October 2, 2014.607,224 State Brownfield Redevelopment 24 99871 210 To record a budget increase of $210.19 in interest earnings to bring the budget in line with actual receipts.210 Coordinated Child Care Ross Norton 25 99872 402,442 To record a budget increase of $402,442 in other governmental revenue from the Juvenile Welfare Board to fund youth programs as approved by the Council on October 2, 2014.402,442 ULI Report Implementation - NEW PROGRAM 26 99888 500,000 To establish the program and record a budget increase of $500,000 in General Fund revenue as approved by the Council on December 4, 2014.500,000 Extra Duty Program 27 99908 335,717 (11,750) To record a budget increase of $335,716.50 in Police Services revenue to bring the budget in-line with actual revenue received. To record a budget transfer of $11,750.00 in Police Services revenue to project 181-99350,Vehicle Replacement.This represents revenue collected for the third quarter of 2014 for vehicle usage on extra duty jobs.323,967 Library Special Account 28 99910 6,500 To record a budget increase of $6,500.00 in donation revenue to bring the budget in line with actual receipts.6,500 Nagano Sister City Program 29 99928 1,475 To record a budget increase of $1,475.00 in donation revenue to bring the budget in line with actual receipts.1,475 43 Special Program Fund First Quarter Budget Amendments October 1, 2014 - December 31, 2014 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Tree Replacement Program 30 99970 66,345 To record a budget increase of $66,345.00 in fines, forfeitures and penalties revenue to bring the budget in line with actual receipts.66,345 Miscellaneous Programs Total:1,921,413 (11,750) 1,909,663 Grand Total:2,539,289 (0) 2,539,289 44 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Actual Expenditures Budget Revised Project Open Available Amend Description 10/01/2014 Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS99566Clearwater Dwntwn Partnership Grant 500 - 500 458 - 42 99857 Stimulus - Electronic Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99206 2014 Report Review Team Program 111,979 (53,696) 58,283 18,639 - 39,644 199207Bulletproof Vests 165,000 - 165,000 61,974 - 103,026 99208 FDOT HVE Ped/Bicycle Safety Grnt - 94,230 94,230 4,111 - 90,119 299209Clearwater Cold Case Team 2014 - 30,671 30,671 2,408 - 28,263 3 99211 2014 RRT Invest Cost Recovery - 53,696 53,696 - - 53,696 499212AmeriCorps Clearwater 2015 - 166,246 166,246 - - 166,246 5 99241 Human Trafficking Overtime 87,000 - 87,000 46,263 - 40,737 99242 Human Trafficking Zonta Club 5,913 - 5,913 2,566 - 3,347 99243 2013 RRT - Invest Cost Recovery 52,377 - 52,377 48,210 - 4,167 99244 AmeriCorps 2014 259,187 - 259,187 245,400 9,323 4,464 99246 AmeriCorps 2013 270,606 (8,183) 262,423 237,669 - 24,754 C 699264School Resource Officers 1,492,391 311,121 1,803,512 1,610,358 - 193,154 7 99279 Police Recruitments 65,155 3,127 68,282 53,282 - 15,000 899281Fed Forfeitures - Treasury 150,433 1,019 151,453 120,171 - 31,282 9 99316 Police Volunteers 125,921 6,258 132,179 117,179 - 15,000 1099317Police Education Fund 1,220,199 10,777 1,230,976 1,126,397 - 104,579 1199325Citizen's Police Academy 39,113 (8,758) 30,356 30,356 - (0) 1299329Investigative Recovery Costs 1,927,724 62,689 1,990,413 1,562,328 1,250 426,835 1399330FL Contraband Forfeiture Fnd 1,144,565 (249,318) 895,247 606,927 - 288,320 1499331Law Enforcement Trust Fund 2,741,235 (68,171) 2,673,065 2,575,120 - 97,945 1599350Vehicle Replacement Fund 243,220 11,750 254,970 32,257 - 222,713 1699356Safe Neighborhood Program 640,046 158,758 798,803 605,785 - 193,018 1799364Crime Prevention Program 24,204 23,182 47,386 29,204 - 18,182 1899387Federal Forfeiture Sharing 1,706,496 73,584 1,780,080 1,299,316 - 480,764 19 Sub-Total 12,472,763 618,983 13,091,746 10,435,920 10,573 2,645,253 COMMUNITY DEVELOPMENT99421Housing Consulting Service 115,000 - 115,000 49,334 - 65,666 99732 Housing Rehab 2013 161,152 - 161,152 160,182 - 970 99737 Public Facilities 2014 180,000 - 180,000 114,000 - 66,000 99738 Economic Development 2014 50,960 - 50,960 5,609 - 45,351 99739 Housing Rehab 2014 539,578 - 539,578 118,265 - 421,313 99740 Program Administration 2014 151,297 - 151,297 144,778 - 6,519 99741 Relocation/Demolition 2014 27,979 - 27,979 - - 27,979 99742 Infill Housing 2014 71,585 - 71,585 10,000 - 61,585 99743 Public Services 2014 128,620 - 128,620 120,357 3,421 4,842 99744 Economic Development Incentives 292,500 - 292,500 - - 292,500 99745 Public Facilities 2015 150,000 - 150,000 - 150,000 - 99746 Economic Development 2015 10,000 - 10,000 1,238 - 8,762 99747 Housing Rehab 2015 276,051 - 276,051 17,964 - 258,087 99748 Program Administration 2015 145,259 - 145,259 20,737 - 124,522 99750 Infill Housing 2015 10,000 - 10,000 1,238 - 8,762 99751 Public Services 2015 134,988 - 134,988 19,538 109,220 6,230 Sub-Total 2,444,968 - 2,444,968 783,240 262,641 1,399,087 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 426,257 3,420 429,677 163,019 - 266,658 2099562HUD Special Education 30,000 - 30,000 27,200 - 2,800 Sub-Total 456,257 3,420 459,677 190,219 - 269,458 45 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2014 - DECEMBER 31, 2014 Actual Expenditures Budget Revised Project Open Available Amend Description 10/01/2014 Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 690,456 7,223 697,679 134,480 - 563,199 21 Sub-Total 690,456 7,223 697,679 134,480 - 563,199 MISCELLANEOUS PROGRAMS99802Brownfield Revolving Loan 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 6,080 1,500 7,580 6,896 - 684 2299846Economic Development - QTI 85,729 - 85,729 52,116 - 33,613 99860 Strategic Direction Action Plan 250,000 - 250,000 197,250 50,000 2,750 99864 Clearwater Gateway Farmer's Mkt 20,000 - 20,000 8,808 - 11,192 99865 Special Events 2,623,672 607,224 3,230,896 2,759,054 83,625 388,217 2399867Centennial Celebration 150,000 - 150,000 59,243 19,690 71,067 99868 Federal Early Retiree Reinsurance 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 106,301 - 106,301 92,847 - 13,454 99871 State Brownfields Redevelopment Acct 165,078 210 165,288 150,625 10,878 3,785 2499872Coordinated Child Care - Ross Norton 749,216 402,442 1,151,658 501,792 10 649,856 25 99888 ULI Report Implementation - 500,000 500,000 - - 500,000 2699908Police - Outside Duty 8,680,187 323,967 9,004,154 8,826,763 - 177,391 27 99910 Library Special Account 748,635 6,500 755,135 726,925 - 28,210 2899925Peg Access Support 838,261 - 838,261 796,977 - 41,284 99927 Emergency Operations 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 100,389 1,475 101,864 74,066 8,932 18,866 2999950IDB Fees 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,267,524 66,345 1,333,869 706,779 12,600 614,490 3099982EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 Sub-Total 22,941,061 1,909,663 24,850,724 19,003,340 185,735 5,661,649 TOTAL ALL PROJECTS 39,295,006 2,539,289 41,834,294 30,697,584 458,949 10,677,761 46 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2014/15 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 510,000 First quarter amendments to Special Development Fund revenues reflect a net increase of $510,000. Amendments include:1)an allocation of $250,000 in Sales Tax Infrastructure revenues to capital project 315-93272,Bicycle Path/Bridges.This previously approved funding is being advanced from fiscal year 2016/17 into the current year as approved by the Council on January 15,2015;2)an allocation of $25,000 in Sales Tax Infrastructure revenues to capital project 315-94882,Rehabilitation of Airpark Hangar D as approved by the council on February 19, 2015;and 3)an allocation of $235,000 of Recreation Land Impact Fees to project 315-93133,Park Land Acquisition as approved by the Council on November 6, 2014. 510,000$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 505,300 First quarter expenditure amendments reflect the following:1)a transfer of $250,000 in Sales Tax Infrastructure revenues to capital project 315-93272, Bicycle Path/Bridges as approved by the Council on January 15,2015;2)a transfer of $25,000 in Sales Tax Infrastructure revenues to capital project 315- 94882,Rehabilitation of Airpark Hangar D as approved by the council on February 19,2015;and 3) a transfer of $235,000 of Recreation Land Impact Fees to project 315-93133,Park Land Acquisition as approved by the Council on November 6,2014;and 4)the return of $4,700 in Recreation Land Impact Fees from project 315-93272,Bicycle Path/Bridges, representing the unused portion of funding for the 2014 property purchase from CSX Transportation. 505,300$ Net Expenditure Amendments 47 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2014 - December 31, 2014 Mid Year: October 1, 2013- March 31, 2014 Original First Quarter Budget Amended Budget 2014/15 2014/15 Amendments Revenues: Ad Valorem Taxes 1,920,480 1,920,480 Infrastructure Tax 9,453,580 9,453,580 Interest Earnings 35,000 35,000 Open Space Fees 20,000 20,000 Recreation Facility Impact Fees 25,000 25,000 Recreation Land Impact Fees 25,000 25,000 Transportation Impact 151,180 151,180 Local Option Gas Tax 1,424,090 1,424,090 Allocation of Assigned Fund Balance 1,770,630 2,280,630 510,000 14,824,960 15,334,960 510,000 Expenditures: Transfer to Capital Improvement Fund Road Millage 1,920,480 1,920,480 Infrastructure Tax 6,972,740 7,247,740 275,000 Recreation Facility Land Fees 230,300 230,300 Transportation Impact fees 190,000 190,000 Local Option Gas Tax 1,424,090 1,424,090 Infrastructure Tax - Interfund Transfer 3,500,000 3,500,000 Infrastructure Tax - Debt on Internal Loans 712,650 712,650 14,719,960 15,225,260 505,300 SPECIAL DEVELOPMENT FUND 48 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2014 - December 31, 2014 Mid Year: October 1, 2013- March 31, 2014 Original First Quarter Budget Amended Budget 2014/15 2014/15 Amendments Revenues: CDBG/Home Funds 1,026,250 1,026,250 Interest Earnings 50,000 76,225 26,225 Grant Funds 290,104 290,104 Other Governmental Revenue 402,442 402,442 Police Fines and Court Proceeds 196,123 196,123 Donations 21,707 21,707 Sales 230,423 230,423 Rentals 14,025 14,025 Sponsorships 67,218 67,218 Memberships/Registrations 4,000 4,000 Contractual Services 510,521 510,521 Transfers from General Fund 776,500 776,500 Sister City Program 3,000 3,000 Special Events 70,000 70,000 Bullet Proof Vests 165,000 165,000 1,314,250 3,853,539 2,539,289 Expenditures: CDBG/Home Funds 1,026,250 1,026,250 Planning - Public Safety 618,983 618,983 Community Development - Social Services 3,420 3,420 Marine 7,223 7,223 Sister City Program 3,000 3,000 Special Event Funding 70,000 70,000 Bullet Proof Vests 165,000 165,000 Other Miscellaneous Programs 1,909,663 1,909,663 1,264,250 3,803,539 2,539,289 Revenues: SHIP Funds 499,550 499,550 - Expenditures: SHIP Program 499,550 499,550 499,550 499,550 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 49 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2014/15 50 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 09/08/14 Administrative Change Order #1 and final – Rehabilitation Lift Stations 33 & 42 (09-003-UT & 10-0051-UT). This change order is needed for final decreases and added items according to field conditions resulting in a net decrease to contract. TLC Diversified Inc. (17,801.95) 10/03/14 Administrative Change Order #1 and final – Jeffords Street Channel Gabions (11- 0009-EN). This change order is needed for final decreases, increases and added items according to field conditions resulting in a net decrease to contract. Keystone Excavating, Inc. (100,263.70) 10/03/14 Administrative Change Order #1 – Countryside Branch Library (11-0059-LI). This change order is for decreasing items by Owner Direct Purchases (ODP) resulting in a net decrease to contract. Ajax Building Corp. (474,183.75) 10/17/14 Administrative Change Order #1 and final – CNG Filling Station Upgrades (13- 0032-GA). This change order is for final decreases and added items according to field conditions resulting in a net decrease to contract. Phoenix Energy Corp. (14,743.08) 11/18/14 Administrative Change Order #2 – Countryside Branch Library (11-0059-LI). This change order is needed to decrease and increase items for Owner Direct Purchases (ODP) resulting in a net decrease to contract. Ajax Building Corp. (496,122.44) 11/18/14 Administrative Change Order #1 and final – Fire Station 48 Logan St Driveway Approach (13-0005-FD). This change order is for final decreases, increases and added items according to field conditions resulting in a net decrease to contract. Steve’s Excavating & Paving, Inc. (18,360.52) City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2014/15 51 12/16/14 Administrative Change Order – East WRF Generator and Marshall St WRF Lab Electric Improvements (11-0025-UT). This change order is for decreasing items to be Owner Direct Purchased and related sales tax savings resulting in a net decrease to contract. Smith Electric, Inc. (235,165.42) 01/05/15 Administrative Change Order #1 – 2014 Streets Resurfacing Project (14-0025- EN). This change order is needed for added resurfacing of Airpark Taxiway resulting in an increase to the contract. Gator Grading & Paving, LLC. 101,591.96 01/06/15 Administrative Change Order #1 and final – Demolition of former St Pete Times Building – 710 Court Street (11-0042-EN). This change order is needed for final decreases and added items according to field conditions resulting in a net zero change to the contract. Sony Glasbrenner Inc. 0 01/09/15 Administrative Change Order #3 – Country Side Branch Library (11-0059-LI). This change order is needed for decreases by Owner Direct Purchases (ODP) resulting in a net decrease to the contract. Ajax Building Corp. (101,542.67) 01/13/15 Administrative Change Order #1 and final – Residuals & Generator Building Demo & Conversion (13-0053-UT). This change order is needed for final decreases and added items according to field conditions resulting in a net decrease to the contract. Certus Builders, Inc. (28,085.67) 02/03/15 Administrative Change Order #1 and final – Raw Water Transmission Main Expansion (10-0039-UT C). This change order is needed for final decreases, increases and adds items according to field conditions resulting in a net decrease to the contract. Young Communication Co., Inc. (538,512.08) 02/20/15 Administrative Change Order #1 – Southgate Swale (14-0028-EN). This change order is needed for increases and adds items according to field conditions resulting in a net increase to the contract. Steve’s Excavating & Paving, Inc. 8,393.76 02/24/15 Administrative Change Order #1 and final –Woodlawn Terrace Floodplain Storage (11-0028-EN). This change order is needed for final decreases, increases and adds items according to field conditions resulting in a net decrease to the contract. All American Concrete, Inc. (37,201.07) Ordinance No. 8702-15 52 ORDINANCE NO. 8702-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER FUND, SOLID WASTE AND RECYCLING FUND, GAS FUND, AIRPARK FUND, PARKING FUND, MARINE FUND, CLEARWATER HARBOR MARINA FUND, ADMINISTRATIVE SERVICES 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, 2015, for operating purposes, including debt service, was adopted by Ordinance No. 8585-14; and WHEREAS, at the First Quarter Review it was found that an increase of $15,566,363 is necessary for revenues and an increase of $13,132,218 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8585-14 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2014 and ending September 30, 2015 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Quarter Budgeted Use of Total Amended Revenues Reserves Revenues Budget 2014/15 2014/15 2014/15 2014/15 Amendments General Fund: Ad Valorem Taxes 38,779,620 38,779,620 38,779,620 - Utility Taxes 14,182,400 14,182,400 14,182,400 - Local Option, Fuel & Other Taxes 7,604,780 7,604,780 7,604,780 - Franchise Fees 10,090,000 10,090,000 10,090,000 - Other Permits & Fees 2,220,500 2,220,500 2,220,500 - Intergovernmental Revenues 19,578,310 19,578,310 19,587,304 8,994 Charges for Services 14,227,040 14,227,040 14,227,040 - Judgments, Fines & Forfeitures 1,034,000 1,034,000 1,034,000 - Miscellaneous Revenues 1,647,500 1,647,500 1,647,500 - Transfers In 8,008,410 8,008,410 10,178,977 2,170,567 Other Financing Sources - - - - Transfer (to) from Reserves (364,010) - (364,010) 1,330,605 1,694,615 Total, General Fund 117,008,550 - 117,008,550 120,882,726 3,874,176 Special Revenue Funds: Special Development Fund 13,054,330 1,770,630 14,824,960 15,334,960 510,000 Special Program Fund 1,314,250 1,314,250 3,853,539 2,539,289 Local Housing Asst Trust Fund 499,550 499,550 - Utility & Other Enterprise Funds: Water & Sewer Fund 71,989,410 - 71,989,410 72,293,720 304,310 Stormwater Utility Fund 17,224,640 - 17,224,640 17,850,323 625,683 Solid Waste & Recycling Fund 22,195,930 599,970 22,795,900 25,210,595 2,414,695 Gas Fund 40,803,420 1,700,000 42,503,420 47,387,313 4,883,893 Airpark Fund 268,560 - 268,560 270,390 1,830 Marine Fund 4,704,840 - 4,704,840 4,731,395 26,555 Clearwater Harbor Marina 652,500 - 652,500 656,460 3,960 Parking Fund 4,319,810 - 4,319,810 4,355,000 35,190 Harborview Center Fund - - - - - Internal Service Funds: Administrative Services Fund 10,107,220 235,000 10,342,220 10,459,460 117,240 General Services Fund 4,453,090 - 4,453,090 4,509,200 56,110 Garage Fund 14,874,540 - 14,874,540 14,932,965 58,425 Central Insurance Fund 22,856,430 - 22,856,430 22,971,437 115,007 Total, All Funds 346,327,070 4,305,600 350,133,120 366,199,033 15,566,363 EXHIBIT A 2014-15 BUDGET REVENUE 53 Ordinance #8702-15 First Quarter Original Amended Budget Budget 2014/15 2014/15 Amendments General Fund: City Council 278,880 280,040 1,160 City Manager's Office 1,091,940 1,110,477 18,537 City Attorney's Office 1,629,360 1,653,821 24,461 City Auditor's Office 196,560 200,060 3,500 Economic Development & Housing Svc 1,583,830 1,649,545 65,715 Engineering 7,569,460 7,665,735 96,275 Finance 2,073,730 2,183,290 109,560 Fire 23,944,250 23,989,395 45,145 Human Resources 1,056,010 1,068,780 12,770 Library 6,070,250 6,156,870 86,620 Marine & Aviation 870,720 880,470 9,750 Non-Departmental 3,941,910 6,705,994 2,764,084 Office of Management & Budget 313,570 313,570 Official Records & Legislative Svcs 1,002,630 1,015,675 13,045 Parks & Recreation 22,360,110 22,660,240 300,130 Planning & Development 4,887,680 5,035,445 147,765 Police 36,849,710 37,012,289 162,579 Public Communications 1,012,470 1,025,550 13,080 Public Utilities 275,480 275,480 - Total, General Fund - 117,008,550 120,882,726 3,874,176 Special Revenue Funds: Special Development Fund 14,719,960 15,225,260 505,300 Special Program Fund 1,264,250 3,803,539 2,539,289 Local Housing Asst Trust Fund 499,550 499,550 - Utility & Other Enterprise Funds: Water & Sewer Fund 70,406,600 70,710,910 304,310 Stormwater Utility Fund 17,207,410 17,595,223 387,813 Solid Waste & Recycling Fund 22,721,790 25,136,485 2,414,695 Gas Fund 37,515,660 40,207,978 2,692,318 Airpark Fund 207,810 209,640 1,830 Marine Fund 4,526,360 4,552,915 26,555 Clearwater Harbor Marina 554,280 558,240 3,960 Parking Fund 4,246,040 4,281,230 35,190 Harborview Center Fund - - Internal Service Funds: Administrative Services Fund 10,254,800 10,372,040 117,240 General Services Fund 4,386,430 4,442,540 56,110 Garage Fund 14,848,020 14,906,445 58,425 Central Insurance Fund 22,838,200 22,953,207 115,007 Total, All Funds - 343,205,710 356,337,928 13,132,218 EXHIBIT A (Continued) 2014-15 BUDGET EXPENDITURES 54 Ordinance #8702-15 55 Ordinance No. 8703-15 ORDINANCE NO. 8703-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, TO REFLECT A NET INCREASE OF $8,578,044 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2015 was adopted by Ordinance No. 8586-14; 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. 8586-14 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 First Qtr Original Amended Budget Budget 2014/15 2014/15 Amendments Police Protection 1,775,000 1,775,000 - Fire Protection 5,007,240 4,975,211 (32,029) New Street Construction - - Major Street Maintenance 3,369,570 3,369,570 Sidewalk and Bike Trail 472,000 472,000 Intersections 335,000 335,000 Parking 287,500 287,500 Miscellaneous Engineering 35,000 35,000 Land Acquisition - 235,000 235,000 Park Development 1,860,000 3,330,514 1,470,514 Marine Facilities 548,000 548,000 Airpark Facilities 15,000 140,000 125,000 Libraries 635,000 635,000 Garage 7,697,000 7,697,000 Maintenance of Buildings 645,000 645,000 Miscellaneous 1,070,000 1,070,000 Stormwater Utility 5,804,850 9,254,335 3,449,485 Gas System 4,000,000 4,810,000 810,000 Solid Waste 520,000 1,504,275 984,275 Utilities Miscellaneous 110,000 110,000 Sewer System 7,617,380 8,137,454 520,074 Water System 6,590,000 6,590,000 Recycling 90,000 1,105,725 1,015,725 TOTAL PROJECT EXPENDITURES 48,483,540 57,061,584 8,578,044 56 Ordinance # 8703-15 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 First Qtr Original Amended Budget Budget 2014/15 2014/15 Amendments GENERAL SOURCES: General Operating Revenue 2,345,100 3,999,285 1,654,185 General Revenue/County Co-op 635,000 635,000 Road Millage 1,920,480 1,920,480 Penny for Pinellas 6,972,740 7,247,740 275,000 Transportation Impact Fee 190,000 190,000 Recreation Land Impact Fees - 230,300 230,300 Local Option Gas Tax 1,424,090 1,424,090 Special Program Fund 35,000 35,000 Grants - Other Agencies - - Other Governmental 554,397 554,397 Property Owner's Share - Donations 100,000 125,000 25,000 Contributions 324,000 324,000 Developer Public Art Contribution - SELF SUPPORTING FUNDS: Marine Revenue 120,000 120,000 Clearwater Harbor Marina Revenue 15,000 15,000 Airpark Revenue 15,000 15,000 Parking Revenue 357,500 357,500 Utility System: Water Revenue 4,764,700 4,764,700 Sewer Revenue 5,900,460 5,900,460 Water Impact Fees 10,300 10,300 Sewer Impact Fees 12,460 12,460 Utility R&R 3,397,460 3,397,460 Stormwater Utility Revenue 5,804,850 5,804,850 Gas Revenue 4,000,000 4,000,000 Solid Waste Revenue 520,000 1,520,000 1,000,000 Recycling Revenue 90,000 1,090,000 1,000,000 Grants - Other Agencies 3,512,457 3,512,457 INTERNAL SERVICE FUNDS: Garage Revenue 232,000 232,000 Administrative Services Revenue 710,000 710,000 57 Ordinance # 8703-15 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 First Qtr Original Amended Budget Budget 2014/15 2014/15 Amendments BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,014,400 1,014,400 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 155,000 155,000 Lease Purchase - Sewer 77,000 79,705 2,705 Lease Purchase - Stormwater - Bond Issue - Water & Sewer - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,265,000 7,265,000 Lease Purchase - Administrative Services 400,000 400,000 TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 8,578,044 58 Ordinance # 8703-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1085 Agenda Date: 3/19/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Sunset the Affordable Housing Advisory Committee (AHAC) and adopt Resolution 15-03. SUMMARY: On August 20, 2014, the City Council adopted Resolution 14-26 which appointed the Neighborhood and Affordable Housing Advisory Board (NAHAB) as the Affordable Housing Advisory Committee (AHAC) and added four additional members in order to comply with Florida Statute 420.9076. The AHAC reviewed the City’s policies, procedures, and land development regulations and made recommendations to the City Council in a public meeting held on December 18, 2014 regarding strategies to encourage affordable housing as part of the Local Housing Incentive Strategy (LHIS) report. The AHAC has completed its work for Fiscal Year 2014-2015 and therefore, the Council can sunset the committee. Per Florida Statutes, the City Council needs to appoint an AHAC every three years to review the Local Housing Incentives Strategies. Resolution 15-03 acknowledges the work of the AHAC has been completed and terminates their appointments. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/18/2015 Resolution No. 15-03 RESOLUTION NO. 15-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP(SHIP) PROGRAM; PROVIDING THAT THE TERMS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERS APPOINTED IN RESOLUTION NO. 14-26 SHALL EXPIRE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution No. 14-26 appointed certain members of the Affordable Housing Advisory Committee (AHAC); and WHEREAS, said committee has completed its work for the 2014-2015 period, and Ordinance No. 8068-09 provides for the periodic reconstitution of said committee, and it is no longer necessary that the members appointed by Resolution No. 14-26 serve; now therefore, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: The terms of the members of the Affordable Housing Advisory Committee shall expire on the effective date of this resolution. SECTION 2: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _______ , 2015. Approved on ______ day of __________, 2015. ______________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 15-04 Agenda Date: 3/19/2015 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: City Council Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds from a future tax-exempt financing and adopt Resolution 15-04. SUMMARY: A Water and Sewer System rate study that was completed in August of 2014 determined that the council approved annual rate increases of 4.5% through Fiscal Year (Fiscal Year) 16 are sufficient to provide for operations, capital projects, and debt service on bonds during this period. Also, per the study “…extension of the 4.5% annual increase in FY 2017 through FY 2024 is currently projected to provide adequate revenue to meet the projected requirements of the Utility during the remainder of the projection period.” The 2014 rate study anticipated the need for a new money bond issue of approximately $30 million in 2016 to finance various Water and Sewer System capital projects planned at the time of the rate study. An updated rate study will be conducted prior to issuing any bonds to determine the exact amount needed. Approximately $20 million of the planned FY 2015 and FY 2016 projects per the schedule (Exhibit A) could be financed with the tax-exempt bonds issued in FY 2016. Adoption of Resolution 15-04 establishes the City’s intent to be reimbursed from the proceeds of a bond issue in 2016 for up to $20 million of capital project expenditures made prior to the issuance of the bonds. Page 1 City of Clearwater Printed on 3/18/2015 1 Resolution No. 15-04 RESOLUTION NO. 15-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct capital improvements and expansions to the City’s Water and Sewer Utility System including, but not limited to, the projects set forth on Exhibit “A” hereto (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its water and sewer utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $20,000,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 2 Resolution No. 15-04 PASSED AND ADOPTED this _______ day of _____________, 2015. _______________________________George N. CretekosMayor Approved as to form: Attest: _____________________________________________________Pamela K. Akin Rosemarie Call City Attorney City Clerk Projects to Improve or Expand the Project Fiscal Years Water & Sewer Utility System Number 2015 & 2016 Public Works Complex 92XXX 350,000$ WWTP UV Disinfection 96204 2,500,000 Biosolids Treatment 96611 5,740,470 Sanitary Sewer Extensions 96630 2,517,870 Facilities Upgrade & Improvement 96654 2,400,000 Water Supply and Treatment 96740 900,000 Groundwater Replenishment Facility 96773 1,500,000 Automated Meter Reading 96774 3,000,000 Additional Treatment RO #3 967XX 1,000,000 19,908,340$ EXHIBIT A CITY OF CLEARWATER Water & Sewer Utility Fund - 421 Projects for 2016 Revenue Bond Reimbursement Resolution 15-04 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1103 Agenda Date: 3/19/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 11.5 SUBJECT/RECOMMENDATION: Establish Capital Improvement Program (CIP) project Centennial Monument to be funded from general reserves in the amount of $650,000; approve a guaranteed maximum price (GMP) proposal from Biltmore Construction, Construction Manager at Risk, in the amount of $576,522 for the construction of the Centennial Monument (13-0056-CM), and authorize the appropriate officials to execute same. SUMMARY: On June 6, 2013, Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a period of three years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 15-13 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. City Council requested Engineering contract the construction of a monument to commemorate the City’s Centennial. The proposed Centennial Monument will be constructed on the west end of the Courtney Campbell Causeway in FDOT (Florida Department of Transportation) right-of-way (ROW) leased by the City near the existing City of Clearwater sign (near the old welcome center). The obelisk design mimics historical elements from downtown Clearwater when incorporated in 1915. The monument will be 46 feet above grade, have a 20x20-foot concrete base and one center 16-foot deep support column. The monument will have “Welcome to Clearwater” and a changeable Centennial logo near the base, both internally illuminated, and a 4-foot diameter internally illuminated sun globe at the top with recessed up lights. Adjustable colored LED external lights will highlight silver-metallic panels, as well as soft recessed LED lights. Site work around the monument tower will include grading, new sidewalk, landscaping and lighting. The City has FDOT approval of the proposed project. Construction will commence the first week of April and run though the grand opening of May 27, 2015. APPROPRIATION CODE AND AMOUNT: 0315-92842-561300-519-000-0000 $576,522 USE OF RESERVE FUNDS: Funding for this contract will be provided by a midyear budget amendment allocating General Page 1 City of Clearwater Printed on 3/18/2015 File Number: ID#15-1103 Fund reserves in the amount of $650,000 to establish capital improvement program project 315-92842, Centennial Monument. A net total of $3,611,522 of General Fund reserves has been allocated to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $20.2 million, or 17.2% of the 2014/15 General Fund operating budget. Page 2 City of Clearwater Printed on 3/18/2015 March 6, 2015 Ms. Tara Kivett City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 Re: City of Clearwater Guaranteed Maximum Price for Centennial Monument Sign (13-0056-CM) Dear Ms. Kivett: As per your request, subject to the Clarifications and Qualifications listed herein, the total cost to provide the work as outlined below is as follows: Cost Detail: Description Amount Design Geotechnical Survey/Report 2,500.00 Civil drawings for permitting 12,500.00 Civil Engineering construction phase 6,500.00 Landscape Design drawings for permitting 8,300.00 Landscape Design construction Phase 950.00 SWFWMD Permit/exemption request NIC Survey work – Stake corner of foundation 1,000.00 Cost of Work Landscaping Allowance 30,000.00 Site Work, hardscape, utility relocation allowance 70,000.00 Foundations 12,483.00 Monument Sign 322,496.00 Electrical Allowance 17,500.00 Project Management 60 man hours @ $90 5,400.00 General Conditions – 2 Months 4,500.00 Site Supervision 160 man hours @ $75 12,000.00 Bonds, Insurance, OCP 12,760.00 Contingency 25,000.00 Subtotal $543,889.00 CM Fee @ 6% 32,633.00 Proposal Total $ 576,522.00 1055 Ponce de Leon Boulevard Belleair, Florida 33756  727-585-2084  Fax 727-585-2088 Clarifications and Qualifications Owner and Construction Manager / Contractor agree notwithstanding any other covenant that, due to the special nature of this project, the Construction Manager / Contractor undertakes this work subject to the following special conditions, terms, and understandings: 1. Scope of Work Provide all materials and labor required to complete the following work: Prepare design documents as required to obtain necessary permits for the construction of the new 100 Year monument sign. Clear and grub existing area including trees, grass, existing sign, sidewalk and landscaping Import and compact fill as required to construct a new pad for the monument Relocation of the existing sewer force main and reclaimed water line Form and pour new 21’ X 21’ mat foundation and 24” X 16’ deep (approx.) auger cast pile Installation of new monument sign Grade surrounding area Installation of approximately 100 lf of sidewalk New landscaping and landscape lighting Sod area around sign 2. Time of performance – Construction Manager will endeavor to complete the Scope of the Work in Seventy Five (75) calendar days from the receipt of the Notice to Proceed and all required permits and approved submittals. No liquidated damages are in effect for this project. 3. The final sign location and sign elevations will be provided by Thomas Sign and Awning and The City of Clearwater. 4. The Construction Manager shall observe the Owner’s guidelines for project security at all times. No watchman service is included in this Proposal. 5. No Builders Risk Insurance is included. Due to the nature of the project, the Owner shall be responsible for all property insurance or assume the associated risk of loss for the Work, as well as all existing structures and appurtenances. 6. Unless specifically noted otherwise, where the term “allowance” is used in this proposal, it shall be interpreted to include all costs for labor, material, equipment, delivery, taxes, insurance, bonds, and fees associated with the allowance item. Any variation between the stated allowance amount and the actual final cost associated with the allowance item may be reflected in an additive or deductive Change Order to this proposal’s amount. 7. No temporary trailer facilities are anticipated or included. The available public restroom facilities will be utilized by the workers. 8. This proposal is firm for thirty (30) days. 1055 Ponce de Leon Boulevard Belleair, Florida 33756  727-585-2084  Fax 727-585-2088 9. The sign contractor will require a deposit prior to beginning sign fabrication. BCC will invoice The City upon receipt of the PO and will require payment by The City prior to start of fabrication. Project Duration shall be 75 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on June 17, 2013 based on RFQ # 15-13. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Proposed By: Approved By: Jeff Parker Michael D. Quillen, PE Vice President City Engineer Biltmore Construction Co., Inc. City of Clearwater Date Date 1055 Ponce de Leon Boulevard Belleair, Florida 33756  727-585-2084  Fax 727-585-2088 PROJECTLOCATION ^BAYSHORE BLVDCO U R TNE Y C A M P B E L L CS W Y DREW ST K STDAMASCUS RDBAY LNCALAIS LNDOWNING ST JOHNS PKWYSEAGRAPE CI RMACDONALD DR COURTNEY CAMPBELL CSWY 9 3230 36 4038 34252931273335 27 31 3937 29 3335 4442 36 4038 46 200 202 174 172 100 102 124 115 125 341 301 261 340 260 300 317 200 230 210 220240 109 100113 101 241229 245 105 391 247 389 301 383 387 249 379 231 243 381 239 393 235 385 233 237 340033503151316331593167315331733169316131533117315731903194 3195 31913187318331683169317931673173340134 90319131573181317931753173316531673161316331553143314731393163315531493147315131413143314531533154 3201317031663162317231643158317031763178315831723196316031843162319031663156316831603154320031643390 ARM334 1PkgB3194Traf31643162 315631583160 3150 3204315231823240IrrgLOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TK N.T.S.292B 16-29-163/6/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Centennial MonumentJob #13-0056-CM Document Path: V:\GIS\Engineering\Location Maps\Centennial Sign location.mxdOLD TAMPA BAY CONTRACT Construction Manager @ Risk Services for Continuing Contracts This CONTRACT made and entered into this 1' 1 day of V-- , 2013 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or Owner", and Biltmore Construction Co., Inc. , of the City of Clearwater , County of Pinellas and State of Florida, hereinafter designated as the "Construction Manager ". The contracting entities shall collectively be known as the "Parties." WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City's Engineering Department; and WHEREAS, the City desires that the Construction Manager perform the management of the necessary construction, design, and preconstruction services (collectively referred to as the Services) on an as- needed basis subject to the terms and conditions set forth in this agreement and any agreement incorporated into this agreement by reference. NOW, THEREFORE, IT IS AGREED BY THE PARTIES: ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section I11 and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the purposes of this contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the Contract Documents." In the event there is any conflict between this Contract and the Specifications, this Contract shall take precedence except that the GMP PROPOSAL dated TBD is expressly incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative and control in the event of any conflict, discrepancy, absence of information and / or term or condition to the contrary. Page 1 of 10 ARTICLE 2: CONSTRUCTION MANAGER'S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect - Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following employment: upgrading demotion or transfer recruitment or recruitment advertising lay -off or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non - discrimination clause. c) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and /or worker's representatives, except sub - contractors for standard commercial supplies or raw materials. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections. Page 2 of 10 3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows: a) Monthly Executive Summary which provides an overview of current decisions, future developments and expected achievements, and any including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a and that summarizes the work of the various subcontractors. This information from the weekly job site meetings as applicable such as: general conditions long lead supplies current deliveries safety and labor relations programs permits construction problems and recommendations; and plans for the succeeding month issues and pending problems or delays, scheduling narrative report shall include 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. c) Following development and submittal of the construction schedule the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and /or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and /or revisions thereto as reflected in the updated and /or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and /or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager's work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect - Engineer Page 3 of 10 of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job -site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect - Engineer's Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a "two week" look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect - Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect - Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect - Engineer's attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect - Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect - Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and /or alternative materials. c) At completion of the Construction Manager's review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect - Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub - contracts. As soon as Page 4 of 10 the Architect - Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect - Engineer of any problems or prospective delay in delivery. 3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect - Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect - Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and /or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect - Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre - qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre -bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. Page 5 of 10 vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre -bid conference with prospective bidders, the Architect - Engineer and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Architect - Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect - Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect - Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the cats of those proposals and advise the Owner and Architect - engineer of their validity and reasonable s, acting -in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect - Engineer for review and actions. The Architect - Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect - Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect - Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review and submit to the Owner, all project closeout documentation including operation, maintenance and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager's fees or the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final Page 6 of 10 completion and acceptance of all work covered in the contract documents in accordance to the City's General Conditions. b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager's cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: i. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect Engineer and owner; ii. By unit prices stated in the Agreement or subsequently agreed upon; If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a Change Order is issued under these conditions, however, the Architect - Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect - Engineer will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Architect- Engineer.. Changes shall be approved by the Architect - Engineer Page 7 of 10 4.2 Construction Manager's Fee - In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below: 4.3 Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $ waived by the City /Owner shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. a) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for work or service performed during the Construction Phase shall be a fee of TBD . The Construction Phase Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly at the cost of TBD each and one final monthly payment of TBD . The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days' written notice, terminate the employment of the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the Project in whatever manner the Owner may deem expedient. 5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of 1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this contract. ARTICLE 6: INDEMNIFICATION 6.1The Construction Manager and his or its successors and assigns does hereby agree to assume the defense of any legal action which may be brought against the City as a result of the Construction Manager's activities arising out of this contract and furthermore, in consideration of the terms, stipulations and conditions as contained herein, agrees to hold the city free and harmless from any Page 8 of 10 and all claims for damages, costs of suits, judgments or decrees resulting from any claims made under this contract against the city or the contractor or the contractor's sub - contractors, agents, servants or employees resulting from activities by the aforementioned contractor, sub - contractor, agent servants or employees. 6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the Project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Agreement may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Agreement shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications,. 9.3 The language in this Agreement shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and Owner are joint venturers or partners. Page 9 of 10 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: W l 11-e-t.u...C2... William B. Horne II City Manager Countersigned: By: qeOrit ^critt 0J George Cretekos, Mayor - Councilmember Contractor must indicate whether Corporation, Partnership, company or Individual) The person signing shall, in his own handwriting sign the Principal's name, his own name and his title; where the person is signing for a Corporation he must, by Affidavit, show his authority to bind the Corporation). Page 10 of 10 Attest: osemarie Ca roved as orm: Camilo Soto, Assistant City Attorney Edward A ker, Jr., President: !' Biltmore Construction Co., Ins, Contractor) .. u ( By: (Seal) BILTMOBE C O N S T R U C T I O N AUTHORITY TO EXECUTE ON BEHALF OF THE CORPORATION Names of Officers authorized to execute contracts and proposals on behalf of Biltmore Construction Co., Inc. are as follows: E.A. Parker Jr., President Richard D. Parker, Executive Vice President W.B. Parker, Executive VP/ Secretary Treasurer Travis Parker, Vice President Jeff Parker, Vice President Vito DiRuggiero, Vice President I, the undersigned, hereby certify to the recipient that I am the Secretary of Biltmore Construction Co., Inc. and that the Board of Directors of said corporation at a meeting at which a quorum was present adopted the Resolution and Signature Authority, and that such Resolution Authority is in full force and effect and has not been amended of rescinded. In witness whereof, I have hereunto set my hand and the seal of the Corporation This Twenty Nin of April, 2013 Imo. _BA" IT er Secretary 1055 Ponce de Leon Boulevard • Belleair, Florida 33756 • 727 - 585 -2084 • Fax 727 -585 -2088 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1115 Agenda Date: 3/19/2015 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: City Council Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Noise Ordinance - Mayor Cretekos SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/18/2015 EXECUTIVE OFFICERS Louis Stavropoulos Publix Supermarket Chairman of the Board/Membership Jason Gibertoni Florida Free Rides Vice Chairman Trisha Rodriguez The Tropics Boat Tours Treasurer/Parking Committee Chair Atif Awan Hyatt Regency Clearwater Beach Secretary Paul Andrews Shephard’s Beach Resort Past Chairman Darlene Kole Clearwater Beach Chamber President/CEO CHAIRMEN/DIRECTORS Philippe Beau Beau Institute Education and Market Research Chair Darlene Cagle Flower Market Florist Membership Chair Frank Dame Clearwater Marine Aquarium Chamber Liaison Bob Griffin Griffin Productions Redevelopment/Government/Business Economic Development Chair Michele Johnson Sandpearl Beach Resort Chalk Walk Chair Juli Norberg Pier House 60 Marina Hotel Special Events Chair Rick Norberg Jimmy’s Fish House Restaurant Week Chair Craig Warzecha Clearwater Threshers/Phillies Tourism Marketing Chair DIRECTORS Steve Chandler Barefoot Beach House Kristi Cheatham Clearwater Gas System Theresa Crane Duke Energy Billy Day East Shore Resort Nickolas Ekonomides Nickolas C. Ekonomides, P.A. Sharmaine Giorigo Sharmaine’s Salon & Day Spa Jack Guy Sheraton Sand Key Resort Ralph Hall Frenchy’s Saltwater Café Sheri Heilman Bob Heilman’s Beachcomber Restaurant Carol Mears Cooters Restaurant & Bar Manny Oliver Quality Inn Beach Resort Mary Reischmann Hilton Clearwater Beach Jeremy Van Dyke Sandpearl Resort Jason Zelenak Crabby’s Seafood Restuarant March 4, 2015 Mr. Bill Horne, City Manager and Members of Clearwater City Council City of Clearwater P.O. Box 4748 Clearwater, Fl. 33758 Dear Mr. Horne and Members of the City Council: The Clearwater Beach Chamber of Commerce met with the Board. It was brought to our attention that the “Noise Ordinance” has once again become an issue and concerns were raised by many of our businesses as to how it is being applied. While the Beach Chamber and its members certainly respect the rights of beach residents and hotel guests, we also recognize that outdoor entertainment has long been a mainstay of our beach businesses. The current ordinance describes noise as something that “can be heard at a distance of 100 feet from the source”. As it stands, any business on the beach that provides outdoor music cannot meet this requirement. Visitors to Clearwater Beach come for a variety of reasons, and certainly one of those reasons is the entertainment provided by so many of our beach businesses. As you are well aware, various weather conditions can greatly affect how sound is carried, especially over water. Perhaps, this could be taken into account when enforcing a fair and balanced noise ordinance. When this ordinance was originally adopted it took into account that after wind velocities reached a certain level the noise ordinance did not take effect. Likewise, this consideration could be reinstated. Additionally, noise levels were previously determined by the use of a decibel meter. Could you possibly consider returning to that objective criterion rather than the subjective criteria being applied now? Let’s work together to reach an amicable solution that will allow our businesses to continue to thrive while still taking into consideration the rights of residents and guests. Please let me know if you would like to meet with us regarding this matter. We all have the common goal of keeping Clearwater Beach one of the best beaches in the world. Thank you for your consideration. Darlene Kole President/CEO Promoting Tourism and the Business Community P.O. Box 3573 * Clearwater Beach, FL 33767 * (727) 447.7600 Fax (727) 443. 7812 * U.S. Toll Free (888) 799.3199 ORDINANCE NO. 8570 -14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO NOISE; AMENDING SECTION 3 -1508 A, CLEARWATER COMMUNITY DEVELOPMENT CODE, TO CLARIFY THE PROHIBITED NOISES; AMENDING SECTION 3 -1508 B 5, TO CLARIFY THE PROHIBITED SOUND THAT IS EMITTED BY RADIOS, AMPLIFIERS, AND OTHER SOUND PRODUCING DEVICES; AMENDING SECTION 3 -1508 D TO CLARIFY THE SOUNDS RELATING TO THE EXISTENCE OF AN EMERGENCY AND THE PROCEDURES FOR OBTAINING A SPECIAL EVENT PERMIT AND TO DELETE THE EXCEPTION PERTAINING TO RELIGIOUS WORSHIP ACTIVITIES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3 -1508 A, Section 3 -1508 B 5, and Section 3 -1508 D, Clearwater Community Development Code, are amended to read as follows: Section 3 -1508. Noise. A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise that through unaided, ordinary auditory senses can be heard upon the public streets, sidewalks, or rights - of -way, in any public park, in any school or public building, in any church or hospital, or in any occupied dwelling and that can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source. The term "loud and raucous noise" shall mean any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes, but is not limited to, the kinds of loud and raucous noise generated by the activities enumerated in subsection B when the loud and raucous noise through unaided, ordinary auditory senses can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source, but not including activities enumerated in subsection D of this section. It is the intent of this section to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person's freedom of speech, expression, or religion. Ordinance No. 8570 -14 B. The following noises, as limited by Section 3 -1508 A, are declared to be public nuisances in violation of this section: 5. Radios, amplifiers, phonographs, etc. The UtBsing, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph, music player, or other device for the producing or reproducing of sound such that the speech or music, including a rumbling or reverberating rhythmic bass type sound, emitted by the device creates is- identifiable -in terms of words or mclody so as to create a loud and raucous noise. D. Exceptions. The term "loud and raucous noise" does not include noise or sound generated by the following: 1. Cries for emergency assistance and warning calls; 1.2- Radios, sirens, horns and bells on police, fire and other emergency response vehicles, including the emission of any other sound for the purpose of alerting a person of the existence of an emergency; 2. &Parades, fireworks displays, outdoor music performances and other special events for which a permit has been obtained from the City pursuant to Division 2, Article III of Chapter 22, Clearwater Code of Ordinances, within such hours as may be imposed as a condition for the issuance of the permit; 3.4-Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent; 4.Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm; 2 Ordinance No. 8570 -14 5. Locomotives and other railroad equipment, and aircraft. Section 2. This ordinance shall take effect immediately upon adoption. JUL 1 7 2014PASSEDONFIRSTREADING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to formit AAP11 n e n Robert J. urette Assistant ity Attorney AUG 0 7 2014 4to'1k-f1Cr4,VW, George N. Cretekos Mayor Attest: Rosemarie Call City Clerk 3 Ordinance No. 8570 -14 From:Horne, William To:Call, Rosemarie Subject:FW: Noise Ordinance Report Date:Tuesday, March 17, 2015 3:10:05 PM Attachments:CW15-28539.pdf CW15-19787.pdf Dooley-pat-paper-pdf.pdf Bill Horne, ICMA-Credentialed Manager City Manager City of Clearwater (727) 562-4046 (727) 224-7088 william.horne@myclearwater.com   From: Slaughter, Daniel  Sent: Tuesday, March 17, 2015 2:47 PM To: Horne, William Subject: Noise Ordinance Report   Mr. Horne,   Attached is the report and citation for the noise ordinance violation that Mr. Jonson indicated that he wanted a copy of.  Additionally, I provided a copy of the warning that Shepherd’s was issued prior to receiving the warning, as well as a paper from FDLE on noise ordinances that you may choose to share with the Council.  Thank you.   Dan Slaughter Patrick K. Dooley Enforcing Noise Ordinances in Florida Abstract Florida is changing and growing and as change takes place, law enforcement will be confronted with many issues. Noise ordinance enforcement is an area that traditionally law enforcement has not looked at as a high priority. Quality of life issues are one area that law enforcement may be given the responsibility of enforcing. Something initially viewed as a minor complaint can have serious effects on the residents of a community. Most communities in Florida have a noise ordinance in one form or another. Enforcement of noise ordinances is a science that administrators should look at from a training prospective as well as realistic prosecution. This paper will explore the different types of ordinances as well as the proper equipment to be used. Introduction As Florida moves into the new millennium, many problems will continue to emerge. Communities are growing as never before, fueled by the large tourism industry. Our woodlands and wetlands are giving way to new developments. New entertainment theme parks open on a regular basis. Beautiful beaches all over Florida have seen dramatic changes. The sand dunes and sea oats are giving way to homes and condominiums. As these changes take place, new problems arise. Bars, restaurants and hotels line the roadways. As these areas expand, they move closer to our residential neighborhoods, exposing sounds of loud music, traffic and machinery to adjacent homes. If gone unchecked by the local governments, the quality of life of the residents will decline. When an agency begins receiving noise complaints, often from a single complainant, it is very easy to classify that individual as overly sensitive, or even a chronic complainer. But the problem goes much deeper than that. We must look at several issues to fully understand the magnitude of the problem of noise. We must first understand the difference between sound, and noise. There are physical and psychological effects of noise on individuals. Sleep deprivation can have devastating effects on people. People have been driven to drastic measures as a result of stress brought on by a noise complaint. Do the rights of individuals to not have their lives interfered with by noise, take precedence over other individuals rights to conduct business for profit? The goal of this research paper is to bring about a better understanding to law enforcement the need to properly train officers who are given the responsibility of enforcing noise ordinances in Florida. Literature reviews are used to provide a basic understanding of noise, and its effects on communities. Previously documented research will assist in exposing the detrimental effects of noise from a psychological, as well as a physical stand point. Studies of noise conducted by various sources will be used to demonstrate the need for proper enforcement. The director of Rutgers University, College of Environmental Science was very helpful with technical assistance. Noise ordinance enforcement in most communities is not a high priority. Most communities in Florida have a noise ordinance or code in one form or another. However, enforcement is something we do not practice on a regular basis unless a complaint is received. Once the complaints begin, we are charged with a task of enforcement. In many agencies the officers may not be properly prepared to take an enforcement action that will result in a strong case for the prosecution. Research Problem Currently there are many very different noise ordinances throughout the state. These ordinances or codes have broad differences. Some are based simply on a nuisance statement, while others are performance based. Performance based ordinances have specific sound level guidelines which after taking a sound level reading, clearly state what is, and what is not a violation. When a local government chooses to use a performance-based type ordinance, the personnel assigned to the enforcement of the ordinance have very little, or no training in the use of sophisticated measurement equipment. In these situations the measurement equipment can vary greatly. There are sound level measurement devices that are of a high quality, affordable, and with some instruction on the operation, are relatively easy to use. The instruments used for measuring sound vary a great deal in cost, as well as quality. This research will examine instruments that are available, and which ones have proven to be dependable and accurate. Many ordinances are written in a manner that a very specific type of decibel meter would be required for proper enforcement. Yet, these same jurisdictions do not posses the equipment required to enforce their own ordinances. In many cases they find that equipment this specific, is just not affordable. In other cases a city will purchase a decibel meter which is so difficult to use, and they later find it to be money wasted. As Florida continues to grow, so will litigation of cases involving noise ordinance enforcement. It is for this reason that law enforcement administrators must ensure that enforcement is taken seriously. This research will attempt to answer the following questions concerning noise ordinance enforcement. 1) At what point does sound become noise? 2) Is there a need for proper noise ordinance enforcement? 3) Do current noise ordinances have a realistic impact on our communities? 4) Do agencies provide proper training to personnel assigned to noise ordinance enforcement? 5) Would mandated guidelines for noise ordinance enforcement be beneficial to communities? Background With the addition of loudspeakers, music more readily crosses from one property line to another. This can interfere with peace and tranquility of a community. The United States Supreme Court recognized the rights of residents to maintain their privacy. As early as 1949 it recognized local government’s duty to regulate, and enforce laws protecting individuals from the invasion of amplified music. The court stated, “in his home or on the street he is practically helpless to escape this interference with his privacy by loud speakers except through the protection of the municipality.” ( Kovac v.Cooper, 336 U.S. 77, 87 (1949)) The Florida Constitution, states that “it shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provisions shall be made by law for the abatement of air and water pollution and excessive and unnecessary noise.”( Florida Constitution, Article II, Section 7) Sound Wave Measurement Sound waves are a series of compressions and refractions within a medium. There are two components of sound waves, intensity and frequency. Intensity is determined by the amount of energy in a sound wave. This contributes to the loudness as perceived by the human ear. The intensity, or sound pressure is reported and measured in decibels ( db.) (Zwerling, 1996). The decibel scale is similar to the Richter scale in the respect that they are both logarithmic. (When there is an increase of three decibels of sound pressure, humans perceive a 10-decibel increase as a doubling of the loudness.) Frequency is measured by how fast the sound waves are moving. This determines the pitch of the sound. The term Hertz (Hz) is used to report the measurement of frequency. Frequency is measured in cycles per second. ( Zwerling, 1996) Most ordinances have it written into them that require measurement with a decibel meter be taken on the A-scale. The reason for this is that the A-scale is designed to mimic that of human hearing. When a measurement is taken with a decibel meter on the A-scale, the result is a single number for measurement that would be closest to the way the human ear would perceive that particular source. A single number of measurements are then reported, such as 65db. There is a recent interest in areas of Florida to allow enforcement officers to take sound measurements with meters using the “C” scale. The “C” scale weighting system allows the sound meter to pick up low frequencies. These are the intrusive sub-woofer type of bass sounds that can penetrate structures and result in physical sensation. This type of base is not readable using the “A” scale. ( Zwerling, 2000)Most quality sound meters are already equipped with “C” scale weighting, and can be changed from “A” to “C” with a simple switch. When properly applied the “C” scale is a valuable tool in sound enforcement. Methods Mail surveys were conducted with State Attorney’s throughout the state, to determine their opinions of what is proper to present a clear and convincing case in the courts. The survey consisted of six questions. (Appendix A) It was sent to all of the State Attorney’s Offices representing each judicial circuit. The paper also examines the two most common types of noise enforcement codes. The first being the nuisance codes. The second are performance codes. Nuisance codes have in some cases been found to be unconstitutional. This is due to their lack of specific wording, and not clearly stating what in fact is a violation. The performance based codes are codes which have more often been upheld by the courts. They are based on a very clear and specific statement of what is a violation. Performance codes contain very specific guidelines for enforcement. They usually also contain a table which will state the allowable decibel levels. (Appendix B) The proper preparation and presentation of a case is a major basis of this research paper. There are many factors to consider when investigating a noise complaint. One of the questions asked most often, is how do you determine what noise is coming from the source of the complaint, and what noise is coming from an additional outside source, such as traffic. These questions will be answered, in a very simple and clear manner. Much of the sound measurement instruction was found in previous research conducted by Department of Environmental Sciences at Rutgers University as well as literature reviews. Results Survey Results from State Attorney’s The response to the mail survey was positive with a 68% response to the survey. The responses will be broken down by question. 1) What points do you look for to prosecute a noise violation? Note: Respondents to question one in some cases provided multiple answers. a. 54% agreed that previous warnings, or past problems were important for prosecution. b. 38% stated the level of noise was important. (db level) c. 38% stated that the elements of the ordinance must be met. d. 38% required the number of victims / witnesses present. e. 23% stated that the area of the complaint was important, residential or business. f. 15% said that the time of day of the violation was important. 2) Do you believe that it is better from a prosecution stand point to enforce an ordinance or code that sets forth specific decibel levels or one that is nuisance based? a. 62% preferred an ordinance that is performance based. b. 31% preferred a nuisance based ordinance. c. 8% had no preference. 3) Have you found officer training to be adequate in cases that you have prosecuted? a. 38% had no experience or were not aware of any cases for prosecution. b. 30% said that officer training was adequate. c. 15% said that officer training was not adequate for prosecution. d. 8% believe that it depends on the type of case. 4) Are noise measurement devices used by officers noted by the court to be adequate? a. 54% are not aware of any noise measurement device owned by their city or county. b. 31% said that law enforcement does not use noise measurement devices. c. 15% have been found to be adequate. 5) Do Assistant State Attorney’s receive any training to assist them in understanding sound measurement? a.100% stated that they received no training in sound measurement. 6) Would any officer training assist you in prosecuting a noise violation case? a. 69% stated documented training would be beneficial for prosecution. b. 31% responded that training would be of no help. Physical Effects of Noise Noise can affect people in different ways. It has been found that sleep interference occurs at an average night time sound level of 35db. It has also been determined that younger people are found to be less sensitive to sleep interruption by about 10db. (Suter, 1991) When measuring sound, and the effect of sound passing through barriers or walls, sound reduces by approximately 15db. Meaning that if sound were to be measured at 50db outside of a home, the db reading on the inside of the home would be approximately 35db. Thus allowing uninterrupted sleep. Unregulated noise has been proven to have serious adverse effects on people far beyond simple annoyance. Exposure to loud noise has resulted in uncontrollable stress which can result in mood swings as well as hormonal and nervous system changes in otherwise healthy subjects. ( E.P.A. 1974) The stress, tension, and fatigue associated with long term exposure to noise has destroyed marriages, caused others to loose their jobs, and forced other to sell their homes at considerable losses. ( Zwerling, 1996 ) The Ordinance or Code Very often it is found that police rely on nuisance ordinances for enforcement of a noise complaint. The reason is that in many cases the field enforcement of a performance based ordinance does not meet the need of the field officer. The equipment it not readily available or the officer does not have proper training to operate the equipment. This lack of training may also cause the officer to be uncomfortable defending the case in court. There is wording that can be used in a nuisance based code that has been upheld by the courts. A standard of “plainly audible” has been held to be neither broad or vague. ( State v Ewing, 914 P. 2d 549, Haw (1996)) This wording is clear and easily understood by anyone. The subjectivity has been removed. The following standard can be used in an ordinance to address a sound system: “plainly audible” means any sound that can be detected by a person using his or her unaided hearing faculties. When considering a workable ordinance for a residential or commercial area, simply apply the “plainly audible” wording using specific times and distances. In many instances performance based codes or ordinances are written without input from experts in the field of noise or acoustics. Law enforcement is also not solicited for input. With a desire for continuity, ordinances are often copies from another jurisdiction. The result in many cases is the perpetuation of a vague or ineffective ordinance. Several ordinances in Florida currently are based upon statistical averaging. (e.g., L10- the sound level which is exceeded ten percent of the time.) This type of ordinance requires very sophisticated equipment which is very expensive. There are still other ordinances which do not allow noise to exceed a specific level for a given period of time. An example of this would be an ordinance which states for example, the noise level shall not exceed X db, for a three minute commutative period in any sixty minute period. When an officer wants to enforce an ordinance of this nature it very difficult to prove that the source was above the limit for a specific period of time without measurement There are alternatives which are effective. An ordinance which states a specific db level that should not be exceeded when measuring a single incident that exhibits the everyday operation of the location in question. ( Zwerling, 1996) Wording an ordinance in this manner would include noises such as a truck loading or unloading, or an annoying piece of machinery. This type noise may be relatively short in duration but they are included in an ordinance worded in this manner. ( Zwerling, 1996) equipment with a recorder built in. This type of equipment is also expensive and requires a full sixty minutes of sound measurement. There are several other considerations to look at when deriving at a workable and enforceable noise ordinance. Agencies should develop a noise violation report form. This form needs to include relevant information such as date, time, calibration times, location, and person taking the reading. Another piece of helpful information is a diagram of the scene. This will give the prosecutor a much better understanding of the location when presenting the case to the courts. Weather conditions should always be stated in the report. Wind and temperature can all have effects on the readings the sound measurement equipment provide. Sound measurements should not be taken when precipitation is falling or on the ground, because the moisture can damage the sound meter. ( Cowan, 1994) The report form should also include the type, and model of the equipment used for the sound measurement. ( Appendix C ) Sound Measurement Equipment Sound measurement equipment is manufactured in accordance with the American National Standards Institute (ANSI). ( Cowan, 1994 ) In a case where a private party had continuously loud stereo, chances are they would not challenge a db meter purchased at en electronic outlet. A case made against a bar, with several prior complaints will probably challenge the sound measurement device. So it is important to use equipment that meets the industry standards. A good quality measurement device can be purchased with a calibrating device for about $1000.00. This type of a device is relatively easy to operate with some instruction, and is reliable enough to withstand a challenge in the courts. Typical sound level calibrators are small and can be handled with relative ease. Most come with an adapter to fit the meter to be calibrated. With most sound meters, the calibrator fits over the end of the meter. Then the calibrator is turned on. The sound meter must read within two db of the calibrators sound pressure given. Meaning if the calibrator is displayed at 114db, the meter must be within two db to continue the measurements. If the meter is out of the two db range, then the meter may be manually adjusted to come into compliance. All sound meters should be calibrated by the factory at least once per year. Taking the Sound Measurement The first step to taking a sound measurement is to determine the actual source of the noise. Walking around the source of the noise will be helpful when completing the diagram portion of the sound measurement report from. It will also provide you with better testimony should the case go to court. The report form should be filled out completely. The noise source should be described, and if the measurement taken represents a normal cycle of operation for the facility. (Zwerling, 1999) The instrument used for the sound measurement should be properly calibrated, and the results recorded. Noting the results of the field calibration is absolutely required for a valid sound measurement report form. (Zwerling, 1999) There are several ways to measure residual sound levels in a residential neighborhood. The investigator can walk in the opposite direction of the source, away from the residual noise, or measurement may taken in a similar neighborhood with away from the source of the complaint. The person taking the measurement may use a barrier to block the source of outside noise. (Zwerling, 1999) When taking the sound level reading, it is best to take a reading with the source off. This will give a reading of the background sound level. A reading of the ambient sound level should be taken with the source of the complaint on as well. To determine the difference between the ambient and background sound levels the table below can be used. ( Cowan, 1994) Table 1 Correction for Background Sound Levels. ____________________________________________________________________ Difference between Ambient and Corrections Factor to be subtracted Background Sound Levels from Ambient Level for Source Level ____________________________________________________________________ 3 3 4, 6 2 6- 9 1 10 or more 0 Measured in dbA If the ambient noise level is less than 3 dbA higher than the background sound level, than the source level cannot be determined. In this case no violation can be substantiated. (Cowan, 1994) When taking sound measurements the time of the measurement should last at least five minutes in duration. This will insure the measurements are accurate for the particular source in question. Discussion The subject of noise enforcement is a quality of life issue. An issue which some do not even believe to be a law enforcement issue. In some jurisdictions law enforcement is not given the responsibility of enforcement. In locations where law enforcement is charged with noise enforcement, we must go beyond the surface and examine the facts. The facts are that we have a responsibility to maintain the quality of life with the tools our communities give us. The ordinances or codes whether they are performance based or nuisance based must be enforced. If a community does not choose to restrict sound, then the ordinance should not exist. If law enforcement administrators are charged with responsibility of enforcement of noise ordinances, then there is a responsibility that we provide the proper tools, and training to the officers expected to investigate these types of complaints. All too often officers expect officers to be able to complete a task, however difficult, without adequate training, or no training at all. The measurement of sound, is based in scientific fact. This is a science that without some training very few people understand. Yet, how many times do officers respond to a noise complaint and not have any real understanding of what they are measuring. There are those who would argue that this is such a minor offense that it does not warrant too much of an investment in training. When a police officer becomes certified in this state to operate a traffic radar unit, the officer receives forty hours of mandatory training. Yet there is no requirement for officers who use sound measurement devices to make a case. I am not suggesting a forty hour state mandated course, however I do believe the research shows that some training should be required. Sergeant Patrick Dooley has been with the Jacksonville Beach Police Department since 1991. He has worked in several areas to include patrol, detectives division, evidence technician, gang intelligence, field training officer and juvenile specialist. Pat is pursuing his Bachelor’s degree in Criminal Justice from St. Leo University. He is also a graduate of the FBI National Academy, 228 Session. References Kovac v. Cooper, 336 U.S. 77, 87 (1949) Florida Constitution, Article II, Section 7 Zwerling, E.M.. (1996, December 63). Turning Down the Volume: Effective Strategies for Community Noise Enforcement. The Police Chief, 53-59. Zwerling, E.M.. ( 2000, April) Local Government in the 21st Century: Exploring the Legal Issues. Presented to the International Municipal Lawyers Association, Washington D.C. State v. Ewing, 914 P.2d 549, Haw.(1996) Suter, Alice H. (1991, November 21) Dormant Noise Control Act and Options to Abate Noise Pollution. Administrative Conference of the United States. Zwerling, E.M. (1999, June) Community Noise Enforcement. Unpublished. Rutgers University E.P.A., Environmental Protection Agency . (1974 ) . Information on levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. ( Publication No. EPA 550/9-74-004) U.S. EPA Washington D.C. Cowan, J. P., ( 1994 ). Handbook of Environmental Acoustics. New York: Van Nostrand Reinhold. Appendix A SURVEY QUESTIONS State Attorneys 1) What points do you look for to prosecute a noise violation? 2) Do you believe that it is better from a prosecution stand point to enforce an ordinance or code that is sets forth specific decibel levels or one that is nuisance based? 3) Have you found officer training to be adequate in cases that you have prosecuted? 4) Are the noise measurement devices used by officers noted by the courts to be adequate? 5) Do Assistant State Attorneys receive any training to assist them in understanding sound measurement? 6) Would any documented officer training assist you in prosecuting a noise violation case? Appendix B Maximum Permissible Sound Levels RECEIVING PROPERTY RESIDENTIAL COMMERCIAL Source Property 7:00am - 10:00pm 10:00pm - 7:00am All Times Residential 55 50 65 Commercial 65 50 65 Industrial 65 50 65 ______________________________________________________________________________ Appendix C SOUND MEASUREMENT REPORT FORM NAME/ADDRESS OF NOISE SOURCE: DATE__________DAY OF WEEK________TIME___________am /pm. _____________________________ Investigating Agency_________________________ _____________________________ Investigating Officer_________________________ _____________________________ Name of responsible party notified______________ Description of noise source to be measured:___________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Description of property receiving noise______________________________________________ ______________________________________________________________________________ Description of Residual Noises, (fairly constant in nature)________________________________ ______________________________________________________________________________ Description of Extraneous Noises, ( intermittent in nature, and not from source)______________ ______________________________________________________________________________ DESCRIPTION OF INSTRUMENT:______________________________________________ SOUND LEVEL METER_________________________MODEL #__________________________ANSI TYPE________________________ SERIAL #_____________________________________ DATE OF LAST CERTIFICATION________________________________________ SOUND LEVEL CALIBRATOR________________________________________________WIND SCREEN USED (YES/NO)_____________ WIND METER USED ( YES/ NO)___________________TIME OF CALIBRATION______________________________________________ WEATHER CONDITIONS:_____________________________________________________ PRECIPITATION______________________GROUND WET__________________TEMPERATURE:________________________________ WIND VELOCITY_____________________TIME TAKEN__________________________________________________________________ NEIGHBORHOOD RESIDUAL NOISE MEASUREMENT:__________________________ TIME : START / FINISH READING RANGE (dbA) TYPE RESIDUAL LOCATION OF MEASUREMENT/ COMMENTS __________________________________________________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ MEASUREMENT OF TOTAL NOISE:___________________________________________ TIME : START / FINISH READING RANGE ( dbA) CORRECTED (SOURCE) LEVEL LOCATION / COMMENTS ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Noise Measurement Taken By: Reviewed By: _____________________________ __________________________________ INCLUDE SITE SKETCH ON REVERSE ( Include source, walk around, and exact measurement location)