Loading...
06/15/2015Monday, June 15, 2015 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda June 15, 2015Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Service Awards2.1 APWA FL Chapter - Public Works Project of the Year2.2 3. Human Resources Amend the Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, to correct Section 2.412 and pass Ordinance 8747-15 on first reading. 3.1 Approve the Request for Proposal process selecting Cigna Onsite as the new on-site manager for the City of Clearwater Employee Health Center and authorize staff to negotiate a contract with same. (consent) 3.2 4. Parks and Recreation Approve a License and Use Agreement between the City of Clearwater (Licensor) and Clearmar, LLC (Licensee) for the construction of a sand ramp and improvements at the southern most part of Clearwater Beach, just west of parking lot 23 and adjacent to and north of Licensee's property, and authorize the appropriate officials to execute same. (consent) 4.1 5. Police Department Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $49,118, for purchase of Taser units. (consent) 5.1 6. Engineering Approve the Third Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of city-owned property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same. (consent) 6.1 7. Planning Page 2 City of Clearwater Printed on 6/11/2015 June 15, 2015Council Work Session Work Session Agenda 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 1766 Owen Drive; and pass Ordinances 8716-15, 8717-15 and 8718-15 on first reading. (ANX2015-04009) 7.1 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 2143 Burnice Drive; and pass Ordinances 8719-15, 8720-15 and 8721-15 on first reading. (ANX2015-04010) 7.2 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 1807 Skyland Drive; and pass Ordinances 8722-15, 8723-15 and 8724-15 on first reading. (ANX2015-04011) 7.3 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 2058 Poinsetta Avenue; together with certain rights-of-way of Poinsetta Avenue and Arbelia Street; and pass Ordinances 8725-15, 8726-15 and 8727-15 on first reading. (ANX2015-04012) 7.4 Approve an amendment to the Clearwater Community Development Code imposing a 12-month moratorium for the proposed Regional Center and Neighborhood Center subdistricts of the US 19 Corridor Zoning District and pass Ordinance 8730-15 on first reading. (TA2015-05002) 7.5 Approve amendments to the Clearwater Community Development Code modifying the means of conveyance for public notice on development applications; and pass Ordinance 8746-15 on first reading. (TA2015-05003) 7.6 8. City Auditor Appoint a five-member City Audit Committee, comprising a Councilmember, a Citizen, and three City Staff, for a five-year term expiring June 12, 2020, pursuant to Section 218.391 Florida Statutes. 8.1 9. Public Utilities Approve a contract (blanket purchase order) to HD Supply, of Tampa, FL in the annual amount of $250,000, for the purchase of MRO Supplies and Related Services as needed, for a one-year period, with two annual renewal terms, and authorize the appropriate officials to execute same. (consent) 9.1 Page 3 City of Clearwater Printed on 6/11/2015 June 15, 2015Council Work Session Work Session Agenda Approve two contract (blanket purchase order) renewal terms to NALCO Chemicals, Inc., of Naperville, IL, in the annual amount of $150,000, for Antiscalant, and authorize the appropriate officials to execute same. (consent) 9.2 10. Solid Waste Approve a Contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount of $220,000 for purchasing replacement automotive and truck parts used by all city departments during the contract period June 18, 2015 through May 31, 2016, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Hillsborough County Public Schools ITB 13136-DST and authorize the appropriate officials to execute same. (consent) 10.1 11. Legal Adopt Ordinance 8715-15 on third reading, amending the Community Development Code regarding numerous provisions. 11.1 Adopt Ordinance 8744-15 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2015 to reflect a net increase of $2,614.010. 11.2 Adopt Ordinance 8743-15 on second reading, 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, Solid Waste and Recycling Fund, Gas Fund, and Parking Fund. 11.3 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. Council Discussion Item Transportation Sub Committee Meeting Request - Councilmember Jonson 14.1 15. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 16. Closing Comments by Mayor 17. Adjourn Page 4 City of Clearwater Printed on 6/11/2015 June 15, 2015Council Work Session Work Session Agenda 18. Presentation(s) for Council Meeting Symposium Recap - Mike Meidel, Pinellas County Economic Development Director 18.1 Clearwater Leadership Academy Student Recognition18.2 Progress Report on Tampa International Airport - Joe Lopano, Airport CEO 18.3 Page 5 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1317 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Service Awards SUMMARY: 10 Years of Service John Schmidt Police Tara Kivett Engineering Cathy Tefft Engineering Robert Tefft Planning and Development 15 Years of Service Vince Kirkland Public Utilities Alfred Basore Parks and Recreation Daniel Luna Gas 20 Years of Service Howard McChesney Information Technology Mark Beery Solid Waste 25 Years of Service Paul Estes Engineering/Stormwater Jeffrey Borden Public Utilities Matthew Bishop Public Utilities Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1395 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: APWA FL Chapter - Public Works Project of the Year SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8747-15 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Human Resources Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Amend the Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, to correct Section 2.412 and pass Ordinance 8747-15 on first reading. SUMMARY: The recent adoption of Ordinance 8607-14 amended the Employee Pension Plan, Chapter 2, Article V, Division 3, Section 2.412 of the Clearwater Code of Ordinances to comply with IRS Regulations. Section 2.412 was part of the amended language that was included in the pension plan changes approved at referendum and made effective January 1, 2013. When the change required by Ordinance 8607-14 was entered in Muni-code, it replaced Section 2.412 with the former language in effect prior to the referendum. (Section 2.393). This ordinance will correct that error by entering the correct language contained in the current Pension Ordinance and will include an additional subsection, restated from Section 2.392, 2a-d, for the definition of compensation as required by IRS Regulations. Page 1 City of Clearwater Printed on 6/11/2015 ORDINANCE NO. 8607-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE PROVISIONS OF CHAPTER 2, ARTICLE V., DIVISION 3., OF THE CITY OF CLEARWATER CODE OF ORDINANCES TO COMPLY WITH SECTION 401(a)(31)(B) OF THE INTERNAL REVENUE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized and empowered to amend the Plan to comply with changes to Internal Revenue code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1: Section 2.393 as restated in Section 2.412, Division 3 of Article V. of Chapter 2, is hereby amended to read: Compensation: 2)d. For limitation years beginning on or after July 1, 2007, and for the purposes of applying the limits of Section 415 of the Internal Revenue Code, compensation shall mean the participant's wages, salaries, and other amount received for personal services actually rendered in the course of employment with the employer to the extent the amounts are includable in gross income, and other such amounts that are included in the definition of compensation under Treasury Regulation Section 1.415(c) -2(a). This definition of compensation shall include any amounts paid by the later of: (1) 2 1/2 months after severance from employment or (2) the end of the limitation year that includes the date of severance from employment if; (a) absent a severance from employment, such payments would have been paid to the employee while the employee continued in employment with the employer and was for regular compensation for services rendered during the employee's regular working hours; or (b) compensation was paid for services outside the employee's regular working hours (such as overtime or shift differential), bonuses or other similar compensation. Section 2.398 as restated in Section 2.424, Division 3 of Article V. of Chapter 2, is hereby amended to read: Ordinance No. 8607 -14 c. Lump sum payment. Notwithstanding anything contained in this plan to the contrary, any benefit payable under the plan on or after March 28, 2005, the actuarial lump sum present value of which is not more than $3500.005,000.00, shall be paid in a lump sum as soon as practicable following the participant's termination of employment. Should the actuarial lump sum value of such payment be greater than $1000.00, and if the distributee has not elected to have such distribution paid directly to a specified eligible retirement plan, the plan administrator shall make such payment to an individual retirement plan of a designated trustee or issuer and shall notify the distributee in writing either separately or as part of the notice under section 402(f) of the Code) that the distribution may be transferred to another individual retirement plan. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as b form: Ma w M. S Assistant City Attorney 2 OCT 0 2 2014 OCT 1 5 2014 cteorttrwrk. \ktos George N. Cretekos Mayor Attest: L4 t /iL V tt: C'&i Rosemarie Call City Clerk Ordinance No. 8607 -14 1 Ordinance 8747-15 ORDINANCE NO. 8747-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE PROVISIONS OF CHAPTER 2, ARTICLE V., DIVISION 3, OF THE CITY OF CLEARWATER CODE OF ORDINANCES; AMENDING SECTION 2.412, DEFINITIONS, TO INCLUDE THE PREVIOUS VERSION OF SECTION 2.412 WHICH TOOK EFFECT JANUARY 1, 2013 AND ADDING SUBSECTION 2A-D UNDER THE DEFINITION OF COMPENSATION, AS RESTATED FROM SECTION 2.393, DEFINITION OF COMPENSATION, SUBSECTION 2A-D; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 2.412, Division 3 of Article V. of Chapter 2, is hereby amended to read Sec. 2.412. -Definitions. [For the purposes of this division, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.] Accrued benefit shall mean, as of a specified time, the normal retirement benefit as set forth in section2.397.2.416. Accumulated employee contributions shall mean the sum of all amounts deducted from a member's compensation or picked up by the employer on behalf of a member, together with regular interest as provided in this division. Accumulated employee contributions shall also mean any amounts paid bya member for the purchase of military service credits or other paybacks permitted in this plan. Actuarial equivalent shall mean a benefit of equivalent current value to the benefit that would otherwise have been provided to the participant, determined in accordance with the rules established by the employer and on the basis of appropriate actuarial methods and the following actuarial assumptions: (1)Mortality:1983 Group Annuity Mortality Table (Unisex).Mortality table as recommended by the actuary and approved by the Trustees. (2)Interest:Seven and one-halfpercent per annum, compounded annually. Annual additions shall mean for limitation years beginning on or after December 31, 1986, the sum of: 2 Ordinance 8747-15 (1)The amount of employer contributions allocated to the participant during any limitation year under any defined contribution plan maintained by an employer; (2)The amountof the employee's contributions (other than rollover contributions, if any) to any contributory defined contribution plan maintained by an employer or an affiliate; (3)Any forfeitures allocated to the participant under any defined contribution plan maintained by an employer or an affiliate; or (4)Amounts allocated to an individual medical account, as defined in Section 415(l)(2) of the Internal Revenue Code that is part of a pension or annuity plan maintained by an employer and amounts derived from contributions that are attributable to post-retirement medical benefits allocated to the separate account of a key employee (as defined in Section 419A(d)(3) of the Internal Revenue Code) under a welfare benefit plan (as defined in Section 419(e) of the Internal Revenue Code) maintained by an employer or an affiliate; provided, however, the percentage limitation set forth in Section 415(c)(1)(B) of the Internal Revenue Code shall not apply to: (A) any contribution for medical benefits (within the meaning of Section419A(f)(2) of the Internal Revenue Code) after separation from service which is otherwise treated as an "annual addition," or (2) any amount otherwise treated as an "annual addition" under Section 415(l)(1) of the Internal Revenue Code. Average monthly compensation shall mean one-twelfth of the average compensation of the fivebesthighest compensatedyears duringofthe last ten years of credited service prior to retirement, termination, or death, orone-twelfth ofthe career average compensation of all years as a full-time participant, whichever is greater. A year shall be 12 consecutive months. Beneficiary shall mean any person receiving a retirement allowance or other benefit from the retirement plan. Benefit shall mean a retirement allowance or other payment provided by the retirement plan and made to a member, retiree or beneficiary. Board or board of trustees shall mean the board of trustees of the retirement plan. Child shall mean the natural or adopted child of a member, but shall not include foster children or step-children. City shall mean the City of Clearwater, Florida. 3 Ordinance 8747-15 Committee shall mean the pension advisory committee described in section 2.394 2.413. Compensation: (1)Compensation shall mean the total compensation for services rendered to the city as a participant reportable on the participant's W-2 form, including indemnity benefits received pursuant to the workers' compensation law, plus all tax deferred, tax sheltered, or tax exempt items of income derived from elective employee payroll deductions or salary reductions, but excluding overtime pay in excess of 300 hours annually for pensionable earnings accrued on or after the effective date by hazardous duty employees who are not eligible to retire as of the effective date, overtime pay and any additional pay or pay differential over and above the base rate of pay for pensionable earnings accrued on or after the effective date by non-hazardous duty employees who are noteligible to retire as of the effective date,lump sum leave pay paid upon retirement, lump sum payments of accrued sick leave paid upon retirement, pay for off-duty employment, clothing, car, or meal allowances, relocation expense payments, benefits underthis plan, any amount contributed to any pension, employee welfare, life insurance or health insurance plan or arrangement, or any other fringe benefits, welfare benefits, or employer paid deferred compensation. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a participant before the first plan year beginning after December 31, 1995. (2) a.In addition to other applicable limitations set forth in the plan, and notwithstanding any other provision of the plan to the contrary, for plan years beginning on or after January 1, 1996, the annual compensation of each employee taken into account under the plan shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual compensation limit is $200,000.00, as adjusted by the commissioner for increases in the cost of living in accordance with Section 401(a)(17)(B) of the Internal Revenue Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12. b.For plan years beginning on or after January 1, 1996, anyreference in this plan to the limitation under Section 401(a)(17) of the Internal Revenue Code shall mean the OBRA '93 annual compensation limit set forth in this provision. 4 Ordinance 8747-15 c.The limitation on compensation for an "eligible" employee shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a participant before the first plan year beginning December 31, 1995. d.For limitation years beginning on or after July 1, 2007, and for the purposes of applying the limits of Section 415 of the Internal Revenue Code, compensation shall mean the participant's wages, salaries, and other amount received for personal services actually rendered in the course of employment with the employer to the extent the amounts are includable in gross income, and other such amounts that are included in the definition of compensation under Treasury Regulation Section 1.415(c)-2(a). This definition of compensation shall include any amounts paid by the later of: (1) two and one-half months after severance from employment or (2) the end of the limitation year that includes the date of severance from employment if; (a) absent a severance from employment, such payments would have been paidto the employee while the employee continued in employment with the employer and was for regular compensation for services rendered during the employee's regular working hours; or (b) compensation was paid for services outside the employee's regular working hours (such as overtime or shift differential), bonuses or other similar compensation. (3)For purposes of determining whether compensation exceeds the dollar limit under Section 401(a)(17) of the Internal Revenue Code, if any employee is a family member of a highly compensated employee who is one of the ten highly compensated employees paid the greatest amount of compensation during the plan year, then such family member shall not be considered as a separate employee and any compensation paid to such family member shall be treated as if it were paid to or on behalf of the related highly compensated employee. Creditable or credited service shall mean credit for service toward which required contributions have been made to the plan and upon which a member's eligibility to receive benefits under the retirement plan is based, or upon which the amount of such benefits is to be determined. Early retirement date shall mean the date on which a police officer or firefighter participant has reached the age of50 years and completed ten years of credited service. Effective date of this amendment and restatement shall mean January 1, 1996that date set forth in Ordinance No. 8333-12. Employee: 5 Ordinance 8747-15 (1)Employee shall mean any person employed by the employer as a full-time permanentregularemployee other than: a.Individuals who have failed a comprehensive physical exam and by reason of such fact have not been recommended for acceptance into the plan bythe committee or approved by the trustees,Persons hired on a contractual basis, and b.Persons hired on a contractual basis, and Employees hired directly into non-hazardous duty positions exempt from the employer's civil service classified service system(unclassified employees) for whom an employment agreement letter establishes conditions of employment; provided, however, if a person was a participant in the plan prior to being employed in a position described in this subparagraph b., he shall continue to participate in the plan. c.Employees exempt from the employer's civil service classified service system (unclassified employees) for whom an employment agreement letter establishes conditions of employment; provided, however, if a person was a participant in the plan prior to being employed in a position described in this subparagraph c., he shall continue to participate in the plan. (2)The trustees shall have the right to determine from time to time which persons are full-time permanentregularemployees for purposes of the plan; provided, however, that all persons covered by the civil service ordinance of the employer who ar0e employed on a full-time basis shall be considered full-time permanentregularemployees for purposes of the plan. (3)PermanentRegularpart-time, emergency, seasonal and provisional temporaryemployees shall not be "employees" eligible to participate in the plan. Employer shall mean the City of Clearwater. Family member of a highly compensated employee shall mean such employee's spouse, lineal descendant or ascendant, or the spouse of his lineal descendant or ascendant; provided, however, that for purposes of determining the limit on a highly compensated employee's compensation under Section 401(a)(17) of the Internal Revenue Code, the term "family member" shall include only the employee's spouse and his lineal descendants who have not attained age 19 before the close of the plan year. Firefighter shall mean ana personactively employed full-time person employedby the city on a full-time basis,including employment duringhis initial probationary employment period, who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life and to protect property. Fund shall mean the City of Clearwater Employees' Pension Fund of 2011. 6 Ordinance 8747-15 Hazardous duty shall mean service in a job classification as established by the employer wherein the participant is required to be a full-time sworn firefighter certified in accordance with F.S. § 633.35, or a full-time sworn police officer certified in accordance with F.S. § 943.1395, consistent with the definition of firefighter or police officer herein. Highly compensated employee shall mean any employee during the plan year or the immediately preceding plan year: (1)Whose Section 415 Compensation was more than $75,000.00 (adjusted under such regulations as may be issued by the secretary of the treasury); or (2)Whose Section 415 Compensation was more than $50,000.00 (adjusted under such regulations as may be issued by the secretary of the treasury), and who was a member of the "top paid group"; provided, that as used herein, "top paid group" shall mean all employees who are in the top 20 percent of the employer's work force on the basis of Section 415 Compensation paid during the year; provided, further, that for purposes of determining the number of employees in the top paid group, employees described in Section414(q)(8) of the Internal Revenue Code shall be excluded. (3)In determining who is a highly compensated employee, employees who are nonresident aliens and who receive no earned income (within the meaning of Section 911(d)(2) of the Internal Revenue Code) from the employer constituting United States source income (within the meaning of Section 861(a)(3) of the Internal Revenue Code) shall not be treated as employees. (4)For purposes of this paragraph, the determination of Section 415 Compensation shall be based only on section 415 Compensation that is actually paid and shall be made by including elective or salary reduction contributions to a plan described in Section 125 of the Internal Revenue Code, a plan described in Section 401(k) of the Internal Revenue Code or a plan described in Section 403(b) of the Internal Revenue Code. (5)The term "highly compensated employee" shall also mean any former employee who separated from service (or was deemed to have separated from service) prior to the plan year, performs no service for the employer during the plan year, and was an actively employed highly compensated employee in the separation year or any plan year ending on or after the date the employee attained age 55. (6)For purposes of determining whether an employee is a highly compensated employee, if any employee is a family member of a highly compensated employee who is one of the ten highly compensated employees paid the greatest amount of compensation during the plan year, then such family 7 Ordinance 8747-15 member shall not be considered as a separate employee and any compensation paid to such family member (and any applicable benefit or contribution on behalf of such family member) shall be treated as if it were paid to or on behalf of the related highly compensated employee. Internal Revenue Code shall mean the Internal Revenue Code of 1986 as amended or any successor statute. Reference to a specific section of the Internal Revenue Code shall include a reference to any successor provision. Limitation year shall mean the plan year. May shall mean a permissive term. Member shall mean an employee for whom contributions to the retirement plan are picked up by the employer or otherwise made as required by this plan. Normal retirement benefit shall mean the monthly income payable to a retired participant pursuant to the provisions of section 2.397 2.416of this plan. Normal retirement date shall mean (1)For non-hazardous duty employees hired prior to the effective date of this restatement, the earlier of: a.The date on which a participant has reached the age of 55 years and completed 20 years of credited service,or b.The date on which a participant has completed 30 years of credited service regardless of age, or c.The date on which a participant has reached the age of 65 years and completed ten years of credited service, or. d.The date on which a participant has completed 20 years of credited service, or reached the age of 55 and completed ten years of credited service, which service is of a character or type of employment that is described below as "hazardous duty" or that the trustees have designated as hazardous duty. (2)For this purpose, a participant's service shall be deemed "hazardous duty" if the participant is a full-time sworn police officer certified in accordance with F.S. § 943.1395, or a full-time firefighter certified in accordance with F.S. § 633.35, and he is employed in police or fire positions as established by the employer. For non-hazardous duty employees hired on or after the effective date of this restatement, the earlier of: a.The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or b.The date on which a participant has reached the age of 65 years and completed tenyears of credited service. 8 Ordinance 8747-15 (3)For hazardous duty employees, the date on which a participant has completed 20 years of credited service, or reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (4)For this purpose, a participant's service shall be deemed "hazardous duty" if the participant is a full-time sworn police officer certified in accordance with F.S. § 943.1395, or a full-time sworn firefighter certified in accordance with F.S. § 633.35, and he is employed in police or fire positions as established by the employer. Option shall mean one of several choices available to members with respect to the manner in which a retirement benefit may be paid. Participant shall mean any eligible employee of the employer who has commenced participation and is contributing under the plan.for whom contributions to the retirement plan are being picked up by the employer or otherwise made as required by this plan. Pension fund shall mean the pension fund established pursuant to section 2.399. City of Clearwater Employees’ Pension Fund of 2011. Pick-up amounts shall mean employer contributions to the plan derived from a member’s compensation through a reduction in the member’s compensation. For the purposes of this plan, amounts picked-up shall be considered for state law purposes as employee contributions. Plan shall mean the pension plan as herein set forth and as it may be amended from time to time.City of Clearwater Employees’ Pension Fund of 2011. Plan year shall mean the 12-month period beginning on January 1 and ending on December 31. Police officer shall mean ana personactively employedby the city on afull-time basis person, employed by the city,including employment during his initial probationary employment period, whose assigned job classification requires that he bewho is certified as a police officer as a condition of employment in accordance with the provisions of F.S. § 943.1395, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic or highway laws of the state. Pre-existing condition shall mean a condition of health which pre-dated any period of city employment. 9 Ordinance 8747-15 Regular contributions shall mean amounts picked-up by the city from the compensation of a member. Retiree shall mean a former member who is in receipt of benefits from the plan. Retirement shall mean a member's separation from the service of the employer upon meeting the requirements to receive a benefit granted to the member pursuant to the provisions of this plan. Section 415 Compensation shall mean all compensation as described in Section 1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations. Service shall mean active employment as an employee of the city. Service retirement shall mean a member's retirement from service under circumstances permitting payment of a retirement benefit without reduction because of age, length of service, or both, and without special qualifications such as disability. Spouse shall mean the lawful husband or wife of a member or retiree. This definition shall be interpreted under Florida choice of law rules. Surviving spouse means the spouse of the member or retiree at the time the member or retiree passes away, unless a new designation of beneficiary has been made in writing to the board in accordance with the provisions of this Plan. This definition shall be interpreted under Florida choice of law rules. Trustee or trustees shall mean the individual or individuals, as the context requires, designated as trustee pursuant to section 2.394.member(s) of the board of trustees of the plan. Useful and efficient service shall mean the performance of the regular duties of the position to which the employee is assigned by the city, or of another established full- time position within the employ of the city. The board shall determine from the facts of each disability application whether the member is performing in accordance with this definition. Vested benefit shall mean an immediate or deferred benefit to which a member has gained a non-forfeitable right under the provisions of this plan, without the need for additional creditable service. Vesting shall mean the attainment of ten years of creditable service, at which time the member is entitled to service retirement benefits and non-service disability under the terms of the plan. Years of credited service shall mean the total number of years and fractional parts of years of service credited as an employee of the employer during periods of 10 Ordinance 8747-15 participation in the plan, omitting intervening years or fractional parts of years when an employee is not employed by the employer or not participating in the plan (except as may otherwise be provided in rules established by the committee and approved by the trustees). PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1379 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the Request for Proposal process selecting Cigna Onsite as the new on-site manager for the City of Clearwater Employee Health Center and authorize staff to negotiate a contract with same. (consent) SUMMARY: The City’s Employee Health Center (EHC) opened in July 2010. The facility is available to all eligible individuals enrolled in the City of Clearwater and City of Dunedin health insurance plans. The EHC provides on-site medical and prescription drug services to include primary care, health risk assessments, acute and urgent care, immunizations, injections, exams and screenings, prescriptions, pharmaceutical dispensing, disease management and primary care case management, and wellness programs. The goal of the EHC is to divert office visits, prescriptions, and imaging costs from the medical plan. The long-term strategic plan is to reduce and/or prevent large claims by identifying high risk individuals through the administration of health risk assessments followed by wellness programs and intervention. The EHC averaged a 1.5 to 1 ROI (Return on Investment) during its five years of operation and it was felt that other providers should be evaluated through a competitive RFP process to determine if there was the potential to recognize greater savings. There were eight respondents who were evaluated on: 1.Ability, capacity, and skill to perform the services required. 2.Experience with health center operations. 3.References. 4.Cost. Cigna Onsite and Care Here were the rated as the top scoring bids. Cigna ultimately was rated first by the committee because the annual management fee proposed by Care Here ($441,600) was significantly higher than the Cigna proposal ($280,000). This decision will require the City to terminate the existing contract with Care ATC one year early. Page 1 City of Clearwater Printed on 6/11/2015 EMPLOYEE HEALTH CENTER The City’s Employee Health Center (EHC) opened on July 6, 2010 and is available to all individuals enrolled in the City’s health insurance plan, including employees, spouses and children, elected officials, and retirees. The facility has been managed since its inception by Care ATC. The EHC provides On-Site Medical and PrescriptionDrug Services to include but not be limited toprimary care, health risk assessments, acute and urgent care, immunizations, injections, exams and screenings, prescriptions, pharmaceutical dispensing, disease Managementand primary care case management, and wellness programs. The City also has anactive inter-local agreement with the City of Dunedinwhich permits individualsenrolled in the City of Dunedin’s health insurance plan, including employees, spousesand children, elected officials, and retireesto utilize the EHC. The City of Dunedinpays administration costs and direct health care costs to CareATC and pays a percentage ofstaff and facilitycost directly to the City of Clearwater. The concept when the EHC was opened was to divert office visit, prescriptions, and imaging costs from the medical plan by providing these services through the EHC. The more long-term, strategic plan was to reduce and/or prevent large claims by identifying high risk individuals through the administration of health risk assessments followed by wellness programs and intervention of the Cities to provide education,intervention, and incentive programs. While the EHC did average a 1.5 to 1 ROI, after five years of operation, staff determined it was time to evaluate other providers through a competitive RFP process to evaluateif there was the potential to recognize greater savings. An RFP was issued on February 19, 2015 and eight vendors responded to the request. The vendors responding were: 1.Care ATC (Current vendor) 2.Bay Care 3.CareHere 4.Cigna Onsite 5.Healthstat 6.Our Health 7.Marathon Health 8.Treasure Coast An RFP committee was formed consisting of the Human ResourcesDirector, Joe Roseto; the Finance Director, Jay Ravins, the Human Resources Director of the City of Dunedin, Teresa Smalling; the HR Benefits Manager, Michelle Kutch; and a Benefits Committee Member, Steve Sarnoff. An RFP pre-bid meeting was held on February 26, 2015and the committee met on April 10. 2015 to evaluate the eight bid proposals and determine who would be invited to make presentations to the committee. The respondents were evaluated on: 1.Ability, capacity and skill to perform the services required. 2.Experience with Health Center operations. 3.References. 4.Cost. After reviewing each bid and evaluating them based on the above criteria, the committee selected four finaliststo be invited to make presentations before the committee. They were CareATC, CareHere, Cigna Onsite, and Marathon Health. These four respondents made presentations to the Committee on April 24, 2015 and the committee met again on April 29, 2015 to discuss the presentations and make a final selection. The committee voted CareHere as the first choice and Cigna Onsite as the second choice by a vote of 3 to 2. Because the vote was so close, both vendors were invited to an on-site visit to the EHC so they might assess the facility and determine what their start-up costs would be considering that this was an existing, full-service facility. That walk through took place on May 6, 2015 and both vendors determined that build-out/infrastructure costs would be minimal. They also both agreed to give the existing staff the opportunity to remain with the EHC. Start up costs for both vendors areestimated to be approximately $50,000 at the most. The hiring process and pharmaceutical inventory stocking will determine the exact costs. The RFP Committee met again on May 14, 2015 to again discuss the final selection. While CareHere and Cigna were both considered to be viable options, the concern was that the annual management fee proposed by CareHere was significantly higherthan that proposed by Cigna ($160,000). It was decided to address this issue with both bidders in an effort to clarify the disparity. Both bidders responded. CareHere’s fees are based on a flat per employee/per month charge and while both providers would provide virtually the same services, the significant difference in cost could not be justified. The Committee voted 5-0 to choose Cigna as the first choice. Both bidders were informed of this choice. City Council will be asked to approve this process and the final selection and authorize staff to begin contract negotiations. The current plan is for the transition of providers to take place effective October 1, 2015. The focus moving forward will be on ensuring the transition of Management providers is accomplished with a minimal disruption to the EHC operations. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1398 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a License and Use Agreement between the City of Clearwater (Licensor) and Clearmar, LLC (Licensee) for the construction of a sand ramp and improvements at the southern most part of Clearwater Beach, just west of parking lot 23 and adjacent to and north of Licensee's property, and authorize the appropriate officials to execute same. (consent) SUMMARY: Licensee is constructing a multi-story hotel development at 430 S. Gulfview Boulevard, which is adjacent to the southernmost portion of public beach owned by the City of Clearwater. In addition, Licensee is currently leasing the city parking lot 23 as a laydown and construction area for this development. Once the project is completed the parking lot will be returned to the City and used by the public to enter the beach at this southernmost entry point. The City has plans to make improvements to the sand wall, access points and public amenities at parking lot 23. Licensee desires to provide access from their property to the public beach however; the construction elevation of their project is approximately 7 feet higher than the existing grade of the public beach. Therefore, in order to be able to walk directly from their property to the beach, a sand ramp with landscaping is being proposed. The sand ramp will not prohibit or exclude the public in any way from using the public beach property. In many ways the construction of the sand ramp with landscaping will add to the aesthetics of the area and provide for an improved access to the beach. This License and Use Agreement includes the following key items: ·Licensee will be responsible for securing permits from FDEP to construct the sand ramp as well as the sand wall and other City improvements at parking lot 23. ·Licensee will pay the City $66,000 to assist the City with the construction of the sand wall improvements. ·Licensee will construct the sand ramp and improvements while the City will construct the sand wall and improvements at the parking lot. ·Licensor will be responsible to provide maintenance to the sand ramp improvements at a level similar to existing maintenance standards on Clearwater Beach which is primarily raking the beach and picking up trash 365 days per year. ·Licensee will be responsible to reimburse the City for any additional maintenance costs above and beyond routine beach maintenance, which is called "extraordinary maintenance." Page 1 City of Clearwater Printed on 6/11/2015 File Number: ID#15-1398 ·Licensor will have the option to either hire outside contractors or do the work with current staff according to specifications to be agreed upon between the Licensor and Licensee for "extraordinary maintenance." This item supports the City's Strategic Vision to provide quality facilities (Clearwater Beach) for not only the enjoyment by residents but to help promote tourism and is fiscally responsible in that it partners with the private sector to provide public facilities. APPROPRIATION CODE AND AMOUNT: Revenue from the Licensee will be deposited into a current CIP project (315-92650), Sand Wall Replacement Clearwater Beach. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 6/11/2015 32 30 31 29 28 33 27 26 License Area S G U L F V I E W B L V D S GULFVIEW BLVD LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.276A 08-29s-15w06/03/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: EXHIBIT B Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Tom Mahony\Gulfview Blvd Exhibit B Parking Lot.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1380 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $49,118, for purchase of Taser units. (consent) On June 3, 2015, Clearwater Police Department (CPD) was granted approval by the City’s Resource Management Committee to apply for a $49,118-allocation under the federal Justice Assistance Grant (JAG) program to purchase 38 new Taser units. In 2003, CPD purchased 176 Model M26 Tasers for officers in the Patrol Division. This was followed up in 2004 with the purchase of 46 Model X26 Tasers for the Criminal Investigations Division. In 2010, CPD purchased 193 Model X26 Tasers to replace the outdated/discontinued M26 Tasers that were acquired in 2003. The M26 Tasers were traded in for the updated Model X26 version and an extended 4-year warranty was also purchased. Since the initial purchases in 2003, normal wear and tear and operational malfunctions have occurred that necessitated repairs. The minimum cost to repair an out-of-warranty repairable unit is $225.00. Many of the malfunctioning units are irreparable and cannot be used. As a result, CPD’s Taser inventory is reaching critical levels. As the existing Taser units age, exponentially more are malfunctioning, creating officer safety and liability problems. Taser International has phased out and no longer manufactures the X26 model. Taser will also be phasing out all repair service on this model. Taser International has replaced the X26 model with the new Model X26P, which incorporates the latest technology. The X26P frame is similar to the X26 frame and is only slightly larger. The difference will require a holster specifically designed for the X26P, which is included in the price quoted below. The X26P also requires an updated (300 more activations than current battery) battery pack, also included in the unit cost. The design and operation of each weapon is nearly identical (comparable size and weight) and will require no additional training. The X26P also has enhanced diagnostics software, charge metering (consistent level of electrical charge) as well as advanced safety features. The X26P provides an audible alert and will shut off the discharge cycle at 5 seconds even if the trigger is continuously depressed In order to keep up with the new and improved technology and continue to use tools that Page 1 City of Clearwater Printed on 6/11/2015 File Number: ID#15-1380 emphasize less lethal force, CPD must begin to replace all of its Tasers. The JAG grant offers the opportunity to replace 38 of the needed Tasers, battery packs, holsters and warranties with $49,118 in grant funding. In addition to costs listed above, one Data port Download kit would be required at the cost of $164.75. This will be purchased using Department funds and is a one-time expense that will be charged to Budget Code 1155-550400. There is no mandatory match for this grant and there will be no direct adverse impact to the Police Department operating budget. APPROPRIATION CODE AND AMOUNT: The JAG grant offers the opportunity to replace 38 of the needed Tasers, battery packs, holsters and warranties with $49,118 in grant funding. In addition to the above costs, one Data port Download kit would be required at the cost of $164.75. This one-time expense will be purchased using Police Department operating funds to be charged to budget code 1155-550400. Page 2 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1378 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the Third Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of city-owned property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and Clearwater Marine Aquarium, Inc. (CMA) entered into two Business Lease Contracts for CMA’s use of the Harborview Building on September 12, 2011 and on July 3, 2012 for the use of the middle and ground floors respectively. Both lease contracts were intended to satisfy CMA’s need for additional space due to increased patronage resulting from the successful motion picture, “Dolphin Tale.” Both leases were later amended to extend the expiration dates of each to coincide with the Memorandum of Understanding (MOU) dated August 12, 2013 between the City and CMA. According to the MOU, the City and CMA were to enter into a lease for the City Hall property by June 1, 2015; this action would have extended both leases. This milestone, however, has not been met and consequently, the two Harborview leases are now set to expire on November 30, 2015. The CMA recently contacted the City to request an extension of both Harborview leases. The Third Amendment extends the two Harborview leases on a month-to-month basis. Either party may terminate upon six months notice to the other party; however, the parties may mutually agree to a shorter notice period. All other lease terms not amended by the Third Amendment will remain in full force and effect. The Harborview property is identified as a redevelopment site in both the Downtown Clearwater Redevelopment Plan and the Urban Land Institute’s Advisory Services Panel 2014 Report. As recent Council discussions anticipate a potential Master Plan process for the Bluff District and waterfront/Coachman Park area, the six-month notice period is not expected to cause any delays. Page 1 City of Clearwater Printed on 6/11/2015 [GM11-1801-058/168867/1] THIRD AMENDMENT TO BUSINESS LEASE CONTRACT THIS THIRD AMENDMENT TO BUSINESS LEASE CONTRACT made and entered into this ______ day of June, 2015, by and between CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL, 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC., a Florida non-profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL, 33767, as Lessee, (each individually referred to herein as “Party” or collectively as the “Parties”). W I T N E S S E T H: WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated September 12, 2011, herein referred to as the “Exhibit Lease”, which was amended by that First Amendment to Business Lease Contract dated July 3, 2012 ; and WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated July 3, 2012, herein referred to as the “Storage Lease”; and WHEREAS, Lessor and Lessee amended the Exhibit Lease, and the Storage Lease collectively in that certain Second Amendment to Business Lease Contract dated January 24, 2014; and WHEREAS, Lessee now occupies space in the Harborview Center under the terms and conditions set forth in the aforementioned leases, as amended, which are collectively referred to herein as the “Harborview Lease”; and WHEREAS, Lessor and Lessee entered into that certain Memorandum of Understanding dated August 12, 2013, herein referred to as the “MOU”, memorializing the terms under which the Lessee would construct an aquarium, subject to certain milestones being met, including Lessee would enter into a lease for the City Hall property located at 112 South Osceola Avenue, Clearwater, Florida 33756; and WHEREAS, the continuation and duration of the Harborview Lease was contingent upon the milestones in the MOU having been met; and WHEREAS, the Lessor and Lessee now agree that the milestone to enter into a lease for the City Hall property will not be met, and therefore, the Harborview Lease is set to expire on November 30, 2015; and WHEREAS, the Parties now agree to amend the Lease to extend the Term beyond November 30, 2015 on a month to month basis, under the terms and conditions contained herein. NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: Paragraph 1 of the Exhibit Lease as amended and Paragraph 2 of the Storage Lease as amended are hereby revised to add the following on to the end of each paragraph: [GM11-1801-058/168867/1] LEASE TERM. The Term of the Harborview Lease shall extend beyond November 30, 2015 on a month-to- month basis until terminated by either party in writing. Either Party hereto, at the respective Party’s sole discretion, may terminate this lease with six (6) months notice (“Notice Period”) to the other party. The Parties may agree to a shorter Notice Period upon mutual consent, provided that the Notice Period may not be less than thirty (30) days. IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. AS TO “LESSOR” THE CITY OF CLEARWATER, FLORIDA Countersigned ________________________________ By: ________________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ________________________________ ____________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk AS TO “LESSEE” CLEARWATER MARINE AQUARIUM, INC. By: ________________________________ David P. Yates, CEO SECOND AMENDMENT TO BUSINESS LEASE CON 'I'EACT THIS SECOND AMENDMENT TO BUSINESS LEASE CONTRACT made and entered into this q day of Qn u. Q2 , 2014, by and between CITY OF CLEARWATER, FLORIDA, a orida muxcipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL, 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC., a Florida non -profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL, 33767, as Lessee, (each individually referred to herein as "Party" or collectively as the "Parties "). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated September 12, 2011 which is attached hereto as Exhibit "A "; and, WHEREAS, Lessor and Lessee agreed to amend that certain Business Lease Contract dated. September 12, 2011 in that certain First Amendment to Business Lease Contract dated July 3, 2012 which is attached hereto as Exhibit "B "; and, WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated July 3', 2012 which is attached hereto as Exhibit "C"; and, WHEREAS, Lessee now occupies space in the Harborview Center under the terms and, conditions set forth in Exhibits "A," "B," and "C" which are collectively referred to herein as the Lease "; and, WHEREAS, Lessor and Lessee entered into that certain Memorandum of Understanding dated August 12, 2013 for Lessee to lease the current City Hall property located at 112 South Osceola Avenue, Clearwater, Florida 33756 which is attached hereto as Exhibit "D "' WHEREAS, Lessor and Lessee agree to amend the Lease under the terms and conditions contained herein. NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: Lessor and Lessee agree and acknowledge that the major systems ofthe Leased Premises, including but not limited to the HVAC (heating, ventilation, air conditioning/cooling), plumbing, electrical, and roof systems, are in an advanced state of age and may require repair or replacement during the term of the Lease. Lessor shall have no obligation for any repairs or replacements in, about, or on the Leased Premises during the term of the Lease. Lessee shall be responsible for any repairs and replacements in, about, or on the Leased Premises during the term of the Lease. However, Lessee, in its sole discretion, may terminate this Lease in the event Lessee decides not to make any repair or replacement required in, about, or on the Leased Premises and shall have no further obligation to make such repairs or replacements. 1 _ISINI , L.:_a $o1 -o5 Paragraph 1 of that certain Business Lease dated September 12, 2011 and Paragraph 2 of that certain Business Lease dated July 3, 2012 are hereby deleted in their entirety and replaced with the following: The term of this Lease shall expire- sixty (60) days from the grand opening of the new Clearwater Aquarium to be built by the Lessee on the current City Hall property. However, intheeventthatLessorandLesseefailtoenterintoaleasefortheCityHallpropertybyJune1, 2015, as outlined in paragraph five (5) of Exhibit "D," then this Lease shall expire six months later, hence on November 30, 2016. Further, in the event the Lessee fails to have all funds necessary for the construction ofthe new aquarium on the City Hall property by August 1, 2016, as outlined in paragraph three (3) of Exhibit "D," then this Lease shall expire six months later, hence on January 31, 2017. IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. AS TO "LESSOR" Countersigned ``__ George N. Cretekos, Mayor Approved as to fo: Laura Lipowski Mahony Assistant City Attorney AS TO "LESSEE" f(IM11 -1801 0.5 4!97.1JiI THE CITY OF CLEARWATER, FLORIDA By: Lti.L 4 J 4 William B. Horne, II, City Manager CLEARWATER MARINE AQUARIUM, INC. B Frank L. Dame Chief Operating Officer BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this I'C' day of S gpr- A 2011, Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767, as Lessee (each individually referred to herein as "Party" or collectively as the Parties"). WITNESSETH: That Lessor does lease and Lessee agrees to lease the following premises, a portion of what is commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater, Florida, all being more specifically described as follows: The entire second (or "middle") floor of the Harborview Center, containing 54,000 square feet, more or less, of interior floor area, measured to the unfinished interior surfaces of its perimeter walls, which is a portion of: EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N820W, 197.10 feet; thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet; thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing NO3°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Together with rights to use parking areas indentified in Exhibit A except as limited herein. Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised Premises" or the "Leased Property" or "Premises". 1.LEASE TERM. The term of this lease shall be for twelve (12) months; which term will commence on the 1st day of November, 2011 (the "Commencement Date") and shall continue until midnight on the 31st day of October, 2012 (herein called the "Initial Term"). The Lessee shall have the option to extend the term of this lease for one (1) successive period of twelve (12) months; and thereafter, one (1) successive period of six (6) months (each such period is included in the term "Extended Term"). No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. The Extended Term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the Extended Term period as hereinabove specified. The Lessee shall exercise the option for an Extended Term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the then current term. Upon such exercise, this lease shall be deemed to be extended without the execution of any further lease or other instrument. Notwithstanding the above, the Parties shall enter into a License Agreement in substantially the form attached hereto as Exhibit B, to allow Lessee the right to access the Leased Premises prior to the Commencement Date, but not prior to completion by the Lessor of the Capital Expenditures required by Section 4 herein, for the purpose of making alterations and improvements and/or installing props and exhibits necessary for the use by Lessee as contemplated herein, including the storage of materials associated with such improvements Early Occupancy Date") provided Lessee supplies evidence of insurance to Lessor. In such event, the Lessor shall pay all utility charges incurred at the Leased Premises from the Early Occupancy Date through the Commencement Date, with said sum to be added to the Capital Expenditures and repaid as a part thereof as set forth in Sections 2 and 4 below. 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as the Base Payment during the term of this lease the sum of&2gnTrous( 1$196,, payable monthly, the first such installment being payable on the Commencement Date, with monthly installments being payable in advance at the beginning of each successive monthly period thereafter, except as limited herein. The Base Payment shall be calculated by dividing the total Capital Expenditures provided in Section 4 as described in Exhibit "C" attached hereto by 30. In addition, following each three month period following the Commencement Date,the Lessee agrees to pay and Lessor agrees to accept an amount equal to One (1) and 00/100 Dollar for each paid guest visiting the Leased Property during the prior three month period, less the Base Payments as described above paid during the same three month period ("Additional Payment"), said combined amounts constituting repayment of the Capital Expenditures described in Section 4 herein. The Additional Payment shall be payable not later than fifteen Page 2 of 13 15) days after the final day of each three month period. All installments as herein above specified are for the purpose of reimbursing the Lessor for Capital Expenditures incurred by the Lessor as provided for under the provisions of Section 4 herein. Following the Lessor's recovery of such Capital Expenditures, Lessor agrees to accept as rent during the remainder of the Term and Extended Term of this lease, One and 00/100 Dollars ($1.00) per year in further consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that Lessee shall unequivocally, timely and without reservation or exception, full comply with all the provisions hereof, and the obligations imposed herein. Lessee's failure to timely comply with any or all of the provisions hereof shall be deemed a material default and subject to provisions of Section 18. DEFAULT; REMEDIES;TERMINATION BY LESSOR. 3. MAINTENANCE AND PARKING EXPENSES. In addition to the Rent set forth above, the Lessee shall pay to the Lessor beginning on the Commencement Date the total sum of $3,750 per month for reimbursement to the Lessor for expenses associated with obtaining alternative parking ($1,500) and for the cost of maintaining the common areas associated with the Leased Premises ($2,250), said payment to be made on the first of the month throughout the Term, as extended. This obligation shall terminate upon the termination of this lease by either party. 4.CAPITAL EXPENDITURES BY LESSOR. Lessor agrees to make repairs and improvements to the Leased Property (herein called Capital Expenditures") prior to Lessee's occupation of same. At the inception of this Lease, Lessor's Capital Expenditures are estimated to be One Hundred Twenty Three Thousand Six Hundred Nintey-Seven and 00/100 Dollars ($123,697) as more particularly provided for in Exhibit "C", (attached hereto and incorporated herein). The Parties acknowledging that the cost of the Capital Expenditures may vary from the preliminary estimate, the Parties hereby agree that the Lessor may unilaterally pursue repair of the Premises by incurring Capital Expenditures not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00) without additional Lessee approval. As a courtesy, as soon as reasonably possible, Lessor shall provide Lessee written notice of any Capital Expenditure in excess of One Hundred Seventy Two Thousand Five Hundred Eighty-Seven and 00/100 Dollars ($172,587.00), up to the maximum of Two Hundred Thousand and 00/100 ($200,000.00) stated above. Lessee shall reimburse Lessor for said Capital Expenditures in their actual amount, as determined by the parties as of the Commencement Date, as described in Section 2 above, a Schedule detailing such Capital Expenditures attached hereto as Exhibit "C". 5.USE OF PREMISES. Page 3 of 13 The Leased Premises are leased to Lessee solely for the following uses and no other use can be made of the Premises during the term without the written consent of the Lessor: The Leased Property shall be used to accommodate increased patronage resulting from the film Dolphin Tale", consistent with Lessee's normal business practices related to the promotion of the Clearwater Marine Aquarium, tourism in Clearwater and increased traffic to the downtown Clearwater area. 6.UTILITIES. Effective as of the Commencement Date, water, sewer, electric and all other utilities of any kind servicing the Leased Premises shall be billed directly to Lessee and are or shall be individually metered for the subject Premises. All deposits for such utilities shall be the sole responsibility of Lessee. 7.MAINTENANCE AND TAXES. Lessee shall, at its own expense, maintain in good repair and in good and safe condition all improvements on, about and within the Leased Premises, including, but without limiting the generality of the foregoing, all structural improvements, including the doors, plate glass, windows and their respective hardware, all plumbing, heating, cooling and electrical fixtures within the Leased Premises only, and whether or not required by wear and tear, obsolescence, accidents or otherwise, except as set forth herein. Except as may be otherwise provided for in this lease, Lessor has no obligations to make repairs on, about or within the Leased Premises, or to paint, decorate or redecorate same. Lessee shall be responsible for all real and personal property taxes as may be assessed specifically applied against the Leased Premises during the lease term, and shall promptly pay same when due. Provided however that Lessee shall have no obligation to maintain, repair or replace any improvement, including but not limited to structural improvements, the roof, doors, plate glass, windows, plumbing, heating and cooling systems and electrical fixtures should Lessee elect to terminate the lease consistent with Section 19 of this lease, or should such maintenance, repair or replacement result from any other occupant of the Harborview Center or its invitees. Lessee shall have no responsibility for real property taxes assessed against the Leased Premises attributable to any other occupant's presence in the Harborview Center, including but not limited to Pickles Plus Too. 8.OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Demised Premises. Page 4 of 13 9. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, which consent may be withheld in Lessor's sole discretion, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such Lessee. If the Leased Premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee,or a release of Lessee from further performance of the covenants herein contained. 10. ALTERATIONS AND IMPROVEMENTS. Other than as expressly provided for herein, the Lessee shall not make any structural alterations or modifications or improvements which are part of the Leased Property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessee's option, the Lessee shall restore the Leased Property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the Leased Property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the Leased Property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the Leased Property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the Leased Premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the Leased Premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Page 5 of 13 Lessor for the cost of such removal. The Parties hereto acknowledge and agree that it is the Lessee's intent to apply immediate improvements to the Leased Premises to render the Demised Premises useable for Lessee's purposes. Lessee shall provide a detailed schedule of said improvements together with the cost associated with same, which are in addition to Lessor's Capital Expenditures, and seek Lessor's approval as provided for in this paragraph, prior to proceeding to install same, with such schedule attached hereto as Exhibit D. In no event shall Lessor be liable to reimburse Lessee for such improvements except as set forth in Section 18(d) herein. 11. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the Leased Premises hereby leased or any part of the building which the Leased Premises are a part of for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes. 12. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said Leased Premises during all reasonable hours, to examine the same, to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of its maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall invoice to Lessee for reimbursement shall be paid within 15 days following receipt. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 13. RESTORING PREMISES TO ORIGINAL CONDITION. In addition to the Capital Expenditures contemplated in Exhibit "C", Lessee acknowledges and represents that the Premises are in need of certain improvements for which Lessee shall submit written notice in accordance with Paragraph 10 herein, seeking approval of Lessor to conduct and install such improvements. Lessee's acceptance or occupancy of the Leased Premises shall constitute recognition of such condition. Lessee hereby accepts the premises in the "AS IS CONDITION" they are at the Commencement Date and agrees to maintain said premises in the same condition, order and repair as they are at the Commencement Date, and to return the Leased Premises to their original condition at the Page 6 of 13 expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. 14. INSURANCE. Lessee agrees to provide at its sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance. This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the performance and operation of this Lease. The minimum limits of coverage shall be 1,000,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional Insured under the policy and on the Certificate of Insurance. The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office. All insurance policies required within this provision shall provide for commercially reasonable deductibles Certificates of Insurance meeting the specific required insurance provisions specified in this Lease shall be forwarded to the City's Risk Management Office and approved prior to the Commencement Date. After review, the Certificate will be filed as part of the official Lease file. 15. RADON GAS NOTIFICATION. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 16. DESTRUCTION OF PREMISES. Page 7 of 13 In the event that the building should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, neither Lessor nor Lessee shall have any obligation whatsoever to repair or rebuild the Leased Premises. Lessee may either terminate the lease or undertake to rebuild or repair at Lessee's expense, in Lessee's sole discretion. Lessee may terminate the lease from the date of occurrence of such event through the remainder of the term. If Lessee elects to continue in occupancy and pursue repair and rebuild of the Premises, Lessee shall restore the Premises to a condition as near as practicable to the condition prior to the event. In no event shall the destruction of the Premises relieve the Lessee of its obligation to reimburse Lessor for Capital Expenditures which have already been made. 17. RESERVATION BY LESSOR. Throughout the term hereof, Lessor reserves unto itself during and throughout certain scheduled public events, including but not limited to those set forth below, held within Coachman Park and its environs, the right and privilege to reserve for its exclusive use all parking within the parking lots adjoining the Demised Premises, with the exception of those spaces assigned to the use of Pickles Plus Too, (Pickles") together with ingress and egress thereto: Superboat Offshore National Championship—September 291h through October 2nd Hispanic Heritage Festival—October 10th Clearwater Jazz Holiday—October 14th through October 17th Christmas Under The Oaks— November 13th and November 14th Sea Blues Festival—February 18th and 19th Clearwater Celebrates America—July 4th Otherwise, Lessee shall have the non-exclusive use of the public parking lots to the North and West of the Leased Premises, without charge, on a first-come, first-served basis. In addition, Lessee's parking rights shall be subject to the parking rights of Pickles as set out in that certain Lease between the Lessor and Pickles, dated August 15, 1995, as amended. 18. DEFAULT; REMEDIES;TERMINATION BY LESSOR. a) Lessee further covenants that if the Lessee shall violate or default upon any of the covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this lease, and shall fail to correct such violation or default within fifteen (15) days after a written request by the Lessor to do so, or if such default cannot be cured within fifteen (15) days and Lessee fails to exercise good faith efforts to cure such default, then the Lessor may, Page 8 of 13 at its option, deem this lease terminated, and lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. b) In case the Leased Property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee consistent with Florida law and may relet the Leased Property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the lessee shall nevertheless and thereafter be liable to the lessor for any deficiency between the rent paid as of such date and the unreimbursed Capital Expenditures. c) Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of this lease. d) Lessor, at its option, may terminate this lease in the event the City Council votes at a duly constituted City Council meeting that the Lease Premises are needed for other municipal purposes and serves Lessee with one hundred twenty (120) days notice of such intended use. In such event, Lessee shall be relieved of any obligation to pay Rent, Utilities and or Capital Expenditures effective as of the date of termination of the lease, and further, Lessor shall reimburse Lessee in an amount equal to the total sum of the cost of Lessee's improvements, renovations and expenditures to improve the Leased Property for its intended use as set forth in Exhibit "l)", multiplied by a fraction, with the numerator being the number of months remaining in the term as extended as of the date of termination by the City Counsel and the denominator being 30. e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law. 19. TERMINATION BY LESSEE Page 9 of 13 Lessee may terminate this lease anytime during the Initial Term or Extended Term of this lease upon thirty (30) days written notice to Lessor. If Lessee terminates this lease prior to April 30, 2013, or if Lessee chooses not to extend this lease through April 30, 2013 as provided in Paragraph 1 above, Lessee shall reimburse Lessor for one hundred percent (100%) of the Lessor's then unrecovered Capital Expenditures, as specified in Paragraph 4 above, without interest. Recognizing Lessee's cost to vacate the Leased Property; Lessee may defer such reimbursement for three (3) months following Lessee's vacation of the Leased Property. Following the three (3) month deferral period, monthly payments will resume until Lessor has fully recovered its Capital Expenditures. Such monthly payments will be calculated to establish equal monthly installments, but not less than the Base Payment provided in section 2, to be paid from Lessee to Lessor such that Lessor's unrecovered Capital Expenditures are fully recovered no later than April 30, 2013. 20. MISCELLANEOUS. a) Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder, provided that the successor Lessor shall become responsible for all of Lessor's obligations. b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor,to comply with the terms of this contract. e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City of Clearwater Land Development Regulations, as may be amended from time to Page 10 of 13 time, and other applicable law, and such signs as Lessee may place inside the building, which signs shall be subject to the prior approval of the Lessor. g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 21. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to its use or occupancy of the Leased Premises, to include but not being limited to: (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the Leased Property or appurtenances resulting from Lessee's operation and maintenance therein ; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the Leased Property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the Leased Property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the Leased Property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals and shall survive termination of this Lease. 22. "AS IS"CONDITION. Lessee accepts the Leased Premises on an "AS IS" basis, subject to the Capital Expenditures contemplated in Exhibit "C", and Lessor shall have no obligation to improve or remodel the Leased Premises other than as specified in Section 4 above. 23. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 24. JANITORIAL EXPENSES. Lessee shall either obtain or perform janitorial services for the Leased Premises at its expense. Page 11 of 13 25. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall survive the termination of this Agreement. The Lessor warrants that to the best of its knowledge the Leased Premises are free of hazardous materials, waste or substances as of the Commitment Date, 28. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the term of this lease. Lessor shall ensure that the Premises is fully compliant with applicable ADA regulations as of the delivery of possession of the Premises to Lessee pursuant to the License Agreement. 29. ATTORNEY'S FEES. In the event that either party seeks to enforce any provision of this Lease through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. Page 12 of 13 30. GOVERNING LAW. The laws of the State of Florida shall govern this Lease; any action brought by either party shall lie in Pinellas County, Florida. 31. CAPITAL EXPENDITURES AND LESSEE IMPROVEMENTS FINALIZATION. The Parties hereto acknowledge and agree that the estimated costs of the Capital Expenditures by Lessor (Exhibit "C) and the leasehold improvements made by Lessee Exhibit "D") shall be finalized by the Parties on or before November 10, 2011 with Exhibits "C" and "D" amended as necessary to reflect such final costs and with the Base Payment described in Section 2 modified, as necessary. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: CLEARWATER MARINE AQUARIUM,INC. By: David P.Yates,CEO AS TO LESSOR: CITY OF CLEARWATER,FLORIDA Countersigned: Y• Frank V. Hibbard, Mayor William B. Horne II, City Manager Approved as to form: Attest: I) f 0 /A- C.,7yFC , t, Pamela Akin,City Attorney Rosemarie Call,City Clerk C3,CO-0 TEW Page 13 of 13 it I,nJll" rrry r JI W LL OD CL CL r yJ IWi i'I i A, /r r r // i om ak.s dgrwu toixiols r r NON-EXCLUSIVE'REVOCABLE LICENSE AGREEMENT TO ACCESS RENOVATE AND OCCCUPY HARBORVIEW CENTER This LICENSE AGREEMENT TO ACCESS, MAKE IMPROVEMENTS,AND OCCUPY HARBORVIEW CENTER('License'), is made and entered into this I2l day of September 2011, ("Effective Date') by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Licensor'), and the CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767("Licensee's(each individually"Part'or collectively"Parties"). WITNESSETH: 1. License Premises: In consideration of Licensee timely and fully complying with the covenants and conditions herein contained, Licensor does hereby grant to Licensee and Licensee hereby accepts from Licensor, a non-exclusive License to utilize the following described premises owned by Licensor: The entire second(or"middle's floor of the Harborview Center,containing 54,000 square feet, more or less,of interior floor area,measured to the unfinished interior surfaces of its perimeter walls(°Licensed Premises"or"Premises')which is a portion of EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County,Florida, and part of SUNSET COURT, all described as beginning at the Northeast comer of Block 1 of aforesaid ROMPON'S 8 BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT;thence South 224.38 feet;thence West 566.62 feet;thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82M, 197.10 feet; thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet;thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet,cord bearing NO3"E, 84.18 feet;thence East,422.97 feet;thence along the arc of a curve to the right,67.22 feet, radius 163.84 feet, cord bearing N600E,66.75 feet;thence South100.31 feet;thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Together with non-exclusive rights to use the parking area to the west of the Harborview building and common areas appurtenant to the Licensed Premises as necessary toutilizethePremisesasdescribedherein. 2. Use of License Premises and funding of Renovations: Licensee shall have the right and privilege to access and utilize the Licensed Premises only for the general purpose Exhibit B of preparing said premises for the operations of its typical business. More specifically, Licensee shall have access for purposes of cleaning, renovating, and making modifications and improvements (°Licensee Renovations") and for storing materials related to its business. This License is not coupled with an interest 3. License Term: This License is granted to Licensee as of the Effective Date and shall extend until midnight on October 31, 2011 unless terminated as otherwise provided for herein. It is the intention that the Parties will enter into a Lease Agreement on November 1, 2011, which shall provide for the terms and conditions of the Licensee's long term occupation of the premises. Notwithstanding the October 31,2011 expiration date of the License, this License shall terminate or expire upon the occurrence of any one,or more,of the following,whichever shall occur first: a. Licensee changes the use of the property, or abandons its use of the License Premises for a period of sixty(30)days;or, b. Material default by Licensee in the performance of any of the terms, covenants or conditions of this License, and in the failure of Licensee to remedy, or undertake to remedy, to Licensor's reasonable satisfaction such default for a period of thirty (30) days after receipt of Notice from Licensor to remedy same;or, 4. At such time as any of the aforementioned events occur, all rights granted herein in favor of the Licensee shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granted. 5. Liability / Indemnification: Licensee, its partners, officers, directors, employees, representatives, attomeys, agents, successors and assigns Cindemnitors'7, shall save and hold harmless the Licensor, its successors and/or assigns,from any and all liability arising from injury to person or property during the term hereof, and do hereby release and forever discharge Licensor for and from any and all Claims which lndemnitors ever had, now have, or hereafter can, shall or may have against Licensor for, upon or by reason of any matter, cause or thing, whatsoever, arising out of or related to the Licensee's use of the Licensed Premises _(each- a "Released Claim"), said indemnification limited by Licensee's applicable insurance coverages. lndemnitors hereby covenant and agree to forever forbear from alleging, asserting, bringing, commencing, instituting, maintaining, prosecuting or otherwise pursuing against Licensor any Released Claim. Indemnitors further agree that this release may be pleaded by the Licensor as a full and complete defense to any Released Claim that may be alleged, asserted, brought, commenced, instituted, maintained, prosecuted or otherwise pursued against Licensor. Claims„ means any and all actions, adjudications, awards, causes of action, claims, costs, damages (including, without limitation, consequential damages), demands, 2 expenses (including, without limitation, attorneys', consultants' and experts' fees and disbursements actually incurred in investigating, defending, settling or prosecuting any daim, litigation or proceeding), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, proceedings, penalties, stop notices and suits of any kind or of any nature whatsoever. Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee, its partners, officers, directors, employees, representatives, attorneys, agents, successors and assigns. The Licensee acknowledges and makes assurances, upon which the Licensor relies in granting this License,that the Licensee will not open the Licensed Premises to any parties other than those necessary to fulfill the express purposes of this License. Under no circumstances shall the Licensed Premises be open to,or accessed by,the general public. Nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to Licensor. In addition, nothing contained herein shall be construed as creating third party beneficiaries or as consent by the Licensor to be sued by third parties in any manner arising from this grant of License. 6. Insurance: During the term of this License, Licensee shall procure and maintain, at its sole cost and expense, the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: a. Insurance: 1. Comprehensive General Liability Insurance on an"occurrence*basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with explosion exclusion removed. 2. Workers'Compensation Insurance applicable to its employees for statutory coverage limits,and Employers'Liability which meets all applicable state and federal laws. b. Additional insured The City is to be specifically included as an additional insured on all liability coverage shown in section 1 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty 30)days' notice of cancellation or restriction. 3 d. Certificates of Insurance/Certified Copies of Policies Prior to commencement of this License, the Licensee shall provide the Licensor with a certificate or certificates of insurance showing the existence of the coverage as required by this License. The Licensee will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the License.When specifically requested by the Licensor in writing, the Licensee will provide the Licensor with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the Licensor whenever any policy is renewed, revised, or obtained from other insurers. e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 7. Other Provisions: Integral to the rights and privileges herein granted,the parties further agree as follows: a. Licensee shall at all times maintain the License Premises in compliance with all applicable City of Clearwater codes. b. Licensee shall be responsible for direct costs associated with its occupation and activities under this License, including but not limited to, all expenses for utilities required for the operation and maintenance of the License Premises. K is the intent of the Parties that the Licensor shall maintain its utilitiesaccounts which service the Licensed Premises, with the Licensee reimbursing the Licensor for the total cost of such utility expenses as a portion of its reimbursement of the Capital Expenditures as defined in that certain Business Lease Contract to be entered into by the Parties on or before November 1, 2011. c. Licensee, at its sole expense, shall comply with all applicable Federal, State and Local environmental laws, and shall not allow the storage, ece, disposal, or discharge by itself or others, of any contaminants or hazardous materials as defined in State, Federal or Local environmental laws on or about the License Premises. d. If this License, or its operation, shall create any ad valorem or other tax obligations, it shall be incumbent solely upon Licensee to timely discharge same. 4 8. Notice: Any notice given by one party to the other in connection with this License shall be sent by certified mail, return receipt, with postage and fees prepaid, addressed as follows: If to Licensor. Rod Irwin,Assistant City Manager City of Clearwater P. O. Box 4748 Clearwater, Florida 337584748 If to Licensee: R. Nathan Hightower, Esquire P.O. Box 4376 Clearwater, Florida 33758 9. (Quiet EniaMant Upon observing and performing the covenants, terms and conditions required by this License, the Licensee shall peaceably and quietly hold and enjoy the License Premises for the indeterminate term as stipulated herein,without hindrance or interruption by Licensor. It is expressly understood and agreed that all rights of ownership of the License premises not inconsistent with the license rights herein conveyed to Licensee are reserved to Licensor. 10. Entire Agreement: This License contains all of the terms, conditions and covenants binding the parties hereto. There are no other terms, conditions, covenants or understandings, either written or oral, binding upon the parts unless expressed herein in writing, or subsequently addended hereto by mutual agreement of the parties. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. Signed,sealed and delivered Clearwater Marine Aquarium,Inc. In the o#: By: X 46 1 Witness signature Print Name :DA z P. I vk?-" L. Title P nt itness name r/ Wkiess signature V,40, V.6w (9 Print Witnes namb 5 Countersigned: CITY OF CLEARWATER,FLORIDA 11/ . By: Frank V. Hibbard, Mayor Wi iam B. Home, 11,City Manager Approved as to form: Attest: S Olt Pamela Akin, City Attomey Rosemarie Call, City C a 6 I. Capital Renovation Costs A. Building Repairs/Renovations BUDGtT Ceiling Tiles&Interior walls 4,597 Completed A/C Cleaning and Repair 10,000 Start this week Fresh Air System Cleaning and Code Update 25,000 Start this week Wall Demolition,Partitions and Emergency Exit $ 10,000 80%Complete Install Double Doors—West Wall Exit 51000 60%Complete Inspect Fire Alarm System and Install Voice Evacuation System 20,000 20%Complete Inspect and Repair Sprinkler System 10,000 40%Complete Install Fencing,Concrete Ramp,Parking Deck 81000 Start this week Roof Repairs S800 100%Complete Subtotal:93,397 B. Parking Improvements 6,150 C. landscaping and Grounds 7.500 Subtotal:107,047 It. EstiMMW Interim OoeMUnt Costs A. City of Clearwater Utilities 900 B. Progress Energy 15.750 Subtotal 16,650 TOTAL: 123,697 EXHIBIT C ESTIMATED Non Recurring Expenses(Bulldina°Modifications at Exhibit sulid out) As of 8/31/11 lorralne's Home/Garage 80,000 Grand Hail Touch Tank 2,000 Gift Shop Dlspiays 5,000 Check out counters 2,000 POS Terminals 10,000 Computers 1,200 Exhibit Signage 20,000 Sound System/PA 51000 Office furniture 2.500 Total Non-recurring Expenses 127,700 Exhibit D FIRST AMENDMENT TO BUSINESS LEASE CONTRACT THIS FIRST AMENDMENT TO BUSINESS LEASE CONTRACT, entered into this day of :J'4 L 2012, ("Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida mu icipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non- profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767, as Lessee (each individually referred to herein as "Party" or collectively as the "Parties"). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated September 12, 2011 (herein "Lease"); and, WHEREAS, Lessor and Lessee agree to amend the Lease under the terms and conditions contained herein; NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: Paragraph 14. INSURANCE is deleted in its entirety and replaced with the following: 14. INSURANCE. Lessee agrees to provide at its sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with explosion exclusion removed. 2. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and federal laws. b. Additional Insured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies Prior to commencement of the Lease, the applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage as required by this Lease. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: CLEARWATER MARINE AQUARIUM, INC. By: Davidd P BY. rank Dame, Executive Vice President Page 2 of 3 AS TO LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: c eoryc n cccy6v By:v George N. Cretekos, Mayor William B. Horne II, City Manager Approved as to form: Attest: Laura Lipowski Mahony, Ass ant City Attorney Rosemarie Call, Cit ATE Page 3 of 3 BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this 3 2'` day of , 2012, Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida unicipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767, as Lessee (each individually referred to herein as "Party" or collectively as the "Parties"). WITNESSETH: WHEREAS, Lessee Currently occupies space in Harborview Center by virtue of that certain Business Lease Contract with Lessor dated September 12, 2011; and, WHEREAS, Lessee desires to occupy additional space in Harborview Center for use as storage; NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: That Lessor does lease and Lessee agrees to lease the following premises, a portion of what is commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater, Florida, all being more specifically described as follows: A portion of the first (or "bottom") floor of the Harborview Center, depicted in Exhibit "A" and Exhibit "A-1" attached hereto and by this reference, made a part hereof, containing 5,314 square feet, more or less, of interior floor area, measured to the unfinished interior surFaces of its perimeter walls, which is a portion of: EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet; thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet; thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing NO3°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised Premises" or the "Leased Property." 1. APPROVAL BY THE LESSOR This Business Lease Contract ("Lease") shall be effective upon execution by Lessee and the City Manager of the City of Clearwater, Florida, however is expressly subject to ratification and approval by the City Council (Council) at its next available duly organized meeting. If Council approves and ratifies the Lease, then the Lease will continue in full force and effect in accordance with the terms and conditions contained herein. If Council denies the Lease, then this Lease will immediately be terminated immediately, and null and void in its entiriety, but for terms expressly intended to survive termination. Lessor will vacate the Leased Premises immediately and remove all personal property within one week of the Council's denial of this Business Lease Contract. 2. LEASE TERM. Subject to Council ratification and approval, the term of this Lease shall commence upon Lessee satisfying certain conditions precedent to occupation of the Leased Premises as set forth herein and after execution by all Parties hereto, and shall continue until midnight on the 31st day of October, 2012 (herein called the "Initial Term"). The Lessee shall have the option to extend the term of this Lease for one (1) successive period of twelve (12) months; and thereafter, one (1) successive period of six (6) months (each such period is included in the term "Extended Term"). No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. The extended term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the Extended Term period as hereinabove specified. The Lessee shall exercise the option for an Extended Term by notifying the Lessor in writing at least two 2) calendar months prior to the expiration of the then current term. Upon such exercise, this Lease shall be deemed to be extended without the execution of any further lease or other instrument. 3. RENT. The Lessee, may occupy only that portion of the Leased Premises depicted in Exhibit "A-1 ", attached hereto and incorporated herein, until such time as the Necessary Improveme nts (as defined in paragraph 4) have been completed and a Certificate of Occupancy issued by the Building Department of the City of Clearwater. Lessee agrees to pay and the Lessor agrees to accept as Rent" during the initial term of this Lease the annual sum of Six Thousand Two Hundred Forty and 00/100 Dollars ($6,240.00) for that portion of the Leased Premises depicted in Exhibit "A-1 ". Upon issuance of the Certificate of Occupancy for the remaining portion of the Leased Premises as depicted in Exhibit "A", Lessee may occupy said premises and agrees to pay a total annual sum of Twenty-One Thousand Two Hundred Fifty-Six Dollars ($21,256.00) total for the Leased Premises depicted in Exhibits "A" and "A-1 ". All Rents due are payable monthly, prior to the first day of each month the first such installment being payable prior to Lessee's occupancy. If Lessee's first day of occupancy does not fall on the first day of a month, Lessee will pay in advance of that partial month, beginning with the day of occupancy, a rate of Seventeen and 00/100 Dollars ($17.00) per day for occupancy of the space depicted in Exhibit "A-1" and Fifty-Eight and 00/100 Dollars ($58.00) per day commencing with Lessee's occupancy of space depicted in Exhibits "A" and "A-1" for the remainder of said month. All subsequent payments shall be paid with monthly installments being payable in advance at the beginning of each successive monthly rental period thereafter. Lessee covenants with Lessor that Lessee shall unequivocally, timely and without reservation or exception, full comply with all the provisions hereof, and the obligations imposed herein. Lessee's failure to timely comply with any or all of the provisions hereof shall be deemed a material default and subject to provisions of Paragraph 20. DEFAULT; REMEDIES; TERMINATION BY LESSOR. Lessee acknowledges that in addition to those costs specifically set out herein, Lessee shall be responsible for any and all direct costs resulting from, or incident to, its occupation hereunder. In no event shall Lessor be responsible for any costs directly resulting from Lessee's occupation and use as provided for herein. Page 2 of 12 4. IMPROVEMENTS TO PROPERTY BY LESSOR. Lessee agrees to pay Lessor to make repairs and improvements necessary for Lessee's occupancy (herein called "Necessary Improvements") to that portion of the Leased Property depicted in Exhibit "A" attached hereto. The total cost of Necessary Improvements is estimated at Two Thousand and 00/100 Dollars ($2,000). Following completion of the Necessary Improvements by Lessor and prior to occupancy by Lessee, Lessee will reimburse Lessor for actual costs of constructing the Necessary Improvements as evidenced by an invoice or invoices. Necessary Improvements are listed below: Firewall rated at 2 hours to be constructed at the end of the southwest hallway to secure the area from the rest of the building Firewall rated at 2 hours to be constructed in the hallway (define?) above the former office space Doors and associated hardware will be installed as determined necessary by Lessor. 5 DI V IINDOWS TO BE COV 2ED BY SE E_ ,, ig _ nc. Lessee may o indows in the Leased Premises a l and met hod used by Lessee to cover the windows shall be approved by Lessor, and shall be in accordance with City of Clearwater Code of Ordinae e Upon termination of this Lease, said window coverings shall be removed and the window re red to the condition which existed prior to Lessee's occupancy of the Leased Premises. 6. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The Leased Property shall be used for storage of items associated with general business activities of the Clearwater Marine Aquarium . 6. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. The Lessee acknowledges that only the Leased Premises area depicted in Exhibit "A-1" is air conditioned and that the Leased Premises area depicted in Exhibit "A" is not air conditioned. The Lessee accepts these existing conditions and Lessor shall have no obligation to make any improvements whatsoever. 8. MAINTENANCE AND TAXES. Other than Lessor's Necessary Improvements , as expressly provided for herein, Lessee shall, at its own expense, maintain in good repair and in good and safe condition all improvements on, about and within the Leased Premises, incl ding, but without limiting the generality of the foregoing, all structural improve nt i t oof, doors, plate glass, windows and their respective hardware, all plumbin d electrical fixtures, regardless of how the necessity or desirability of repairs may occur, and hether or not required by wear and tear, obsolescence, ge3of12 accidents or otherwise. Except as may be otherwise provided for in this Lease, Lessor has no obligations to make repairs on, about or within the Leased Premises, or to paint, decorate or redecorate same. Lessee shall be responsible for all real and personal property taxes as may be assessed specifically applied against the Leased Premises during the lease term, and shall promptly pay same when due. 9. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Demised Premises. 10. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this Lease, in whole or in part, or sublet the premises or any part thereof. Lessor may refuse such consent to sublet in its sole discretion. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this Lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this Lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further perFormance of the covenants herein contained. 11. ALTERATIONS AND IMPROVEMENTS. Other than as expressly provided for herein, the Lessee shall not make any structural alterations or modifications or improvements which are part of the Leased Property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this Lease or, at Lessor's option, the Lessee shall restore the Leased Property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the Leased Property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the Leased Property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the Leased Property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the Page 4 of 12 property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. The Parties hereto acknowledge and agree that it is the Lessee's intent to apply immediate improvements to the premises to render the Demised Premises useable for Lessee's purposes. Lessee shall provide detailed written notice of said improvements which are additional to Lessor's Necessary Improvements, and seek Lessor's approval as provided for in this paragraph, prior to proceeding to install same. In no event shall Lessor be liable to reimburse Lessee for such improvements. 12. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. Lessee acknowledges that Lessor will not insure Lesee's personal property. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the Leased Premises are a part of for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes. 13. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of its maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall invoice to Lessee for reimbursement shall be paid within 15 days following receipt. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 14. RESTORING PREMISES TO ORIGINAL CONDITION. In addition to the Necessary Improvements provided for herein, Lessee acknowledges and represents that the premises leased are in need of certain improvements for which Lessee shall submit written notice in accordance with Paragraph 11 herein, seeking approval of Lessor to conduct and install such improvements. Lessee's acceptance or occupancy of the Leased Premises shall constitute recognition of such condition. Lessee hereby accepts the premises in the "AS IS CONDITION" they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee should Lessee fail for any reason to remedy or repair such damage immediately upon demand. 15. INSURANCE. Page 5 of 12 Lessee agrees to provide at its sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with explosion exclusion removed. 2. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and federal laws. b. Additional lnsured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies Prior to commencement of the Lease, the applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage as required by this Lease. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Page 6 of 12 Clearwater, FL 33758-4748 16. Radon Gas Notification, as required by Florida Statute 404.056(5) is to be inserted in all contracts for sale, purchase or rental of real property. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 17. DESTRUCTION OF PREMISES. In the event that the building should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, the Lessor shall have no obligation whatsoever to repair or rebuild the Premises. Lessee may either terminate the Lease or undertake to rebuild or repair at Lessee's expense, in Lessee's sole discretion. Lessee may terminate the Lease from the date of occurrence of such event through the remainder of the term. If Lessee elects to continue in occupancy and pursue repair and rebuild of the Premises, Lessee shall restore the Premises to a condition as near as practicable to the condition prior to the event. In no event shall the destruction of the Premises relieve the Lessee of its obligation to reimburse Lessor for Necessary Improvements which have already been made. 18. RESERVATION BY LESSOR. Throughout the term hereof Lessor reserves unto itself during and throughout certain scheduled public events, including but not limited to those set forth below, within Coachman Park and its environs, the exclusive right and privilege of full and unimpeded use of all parking within the Demised Premises together with ingress and egress thereto. Superboat Offshore National Championship — September 29t" through October 2nd Hispanic Heritage Festival — October 10fn Clearwater Jazz Holiday — October 14t" through October 17tn Christmas Under The Oaks — November 13t" and November 14tn Otherwise, Lessee shall have non-exclusive use of the public parking lots to the Nortfi and West of the Leased Premises, without charge, on a first-come, first-served basis. 19. SUBORDINATION. This Lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. Page 7 of 12 20. DEFAULT; REMEDIES; TERMINATION BY LESSOR. a) Lessee further covenants that if the Lessee shall violate or default upon any of the covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this Lease, and shall fail to correct such violation or default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this Lease terminated, and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. b) In case the Leased Property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the Leased Property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this Lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the Leased Property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this Lease and the rent actually received by Lessor from the Leased Property for the balance of said term. c) Lessor, at its option, may terminate this Lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of this Lease. d) Lessor, at its option, may terminate this Lease in the event the City Council determines at a duly constituted City Council meeting that the Leased Premises are needed for other municipal purposes and serves Lessee with sixty (60) days notice of such intended use. e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law. 21. TERMINATION BY LESSEE Lessee may terminate this Lease anytime during the Initial Term or Extended Term of this Lease upon thirty (30) days written notice to Lessor. Page 8 of 12 22. MISCELLANEOUS. a) Lessor shall have the unrestricted right of assigning this Lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. d) It is understood and agreed befinreen the parties hereto that written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. fl It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City of Clearwater Land Development Regulations, as may be amended from time to time, and other applicable law, and such signs as Lessee may place inside the building, which signs shall be subject to the prior approval of the Lessor. g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 23. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, a requirement of such loan, the Lessee agrees to execute an estoppel verifying the standing of the Lease, the terms thereof, and all amounts other matters as may be reasonably requested. 24. INDEMNIFICATION. and if the following shall be letter in favor of the lender paid thereunder and such The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perForm any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the Leased Property or appurtenances resulting from the condition, maintenance, construction on or of the Page 9 of 12 operation of the Leased Property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the Leased Property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the Leased Property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the Leased Property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals and shall survive termination of this Lease. 25. "AS IS" CONDITION. Lessee accepts the Leased Premises on an "as is" basis and Lessor shall have no obligation to improve or remodel the Leased Premises other than as specified in paragraph 4 above. 26. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. Y 1_T:Ti 7: /_1 :1 : Lessee shall either obtain or perForm janitorial services for the Leased Premises at its expense. 28. SEVERANCE. The invalidity or unenforceability of any portion of this Lease shall in nowise affect the remaining provisions and portions hereof. 29. CAPTIONS. The paragraph captions used throughout this Lease are for the purpose of reference only and are not to be considered in the construction of this Lease or in the interpretation of the rights or obligations of the parties hereto. 30. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this Lease. This provision shall survive the termination of this Agreement. Page 10 of 12 31. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 32. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 33. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: AS TO LESSOR: CLEARWATER MARINE AQUARIUM, INC. By: David Frank Executive Vice President CITY OF C ARWATER, FL.ORIDA BY: \ William B. Horne 11 6.ty Manager ATTEST: Rosemarie Call, City Clerk Page 11 of 12 Countersigned: P Or1c n C t S George N. Cretekos, Mayor Approved as to form: U 1- Laura Lipowski Mahony, As stant City Attorney CITY OF CLEARWATER, FLORIDA By: - William B. Horne II, City Manager Attest: Page 12 of 12 G22 C:'' Rosemarie Call, City r'F 1 -•R't i I Yd. •' J Y 5 V Li c e t P 3 C Z 0 J m W O 00 a Z O E l Fi 31T ,- HARBORVIEW BUILDING , j., f.,,.".,.,,a o,,,, G fL: W 11@ 1Lif: "ISL4ifLJ O`JI+LtHKMHK ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 6/25/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEAC Lisa Fanning BB&T - Iler Wall & Shonter PHONE 727 327-7070 aC, No : 8886328451A/C, No Ext : 12485 - 28th Street North E-MAIL ADDRESS: Saint Petersburg, FL 33716 INSURER(S) AFFORDING COVERAGE NAIC # 727 327-7070 iNSURERA: FFVA Mutual Insurance Company 10385 INSURED INSURER B: OW11@ S I11SUI'811C@ COfllp811/ 32700 Clearwater Marine Aquarium Inc INSURER C : 249 Windward Passage ---- - ----- Clearwater, FL 33767 iNSUReR o: _ _ _ _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRR TYPE OF INSURANCE NSR VWD POLICY NUMBER MM/DDY MM/DDY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISESEaoccuDnce $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY ECT C $ -- ----- COMBWEDSINGIELIMIT B AUTOMOBILE LIABILITY 4857348300 9/30/2011 09/30/201 ea accident _ g1,000 000 __ ANY AUTO BODILY INJURY (Perperson) $_ _____ ALL OWNED X SCHEDULED BODILY INJURY (Peraccident) $ AUTOS AUTOS X HIREDAUTOS x NON-OWNED Per acc, denDAMAGE $ AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ — A WORKERSCOMPENSATION WC84000218892012A 4/01/2012 04/01/201 X W yATU- OTH- — AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y N E.L. EACH ACCIDENT $SOO OOO OFFICER/MEMBER EXCLUDED? N / A Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $J0,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $rJOO,OOO DESCRiPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 107, Additfonal Remarks Schedule, if more space Is required) City of Clearwater is listed as Additional Insured. Clt of Clearwater SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 4748 ACCORDANCE WITH THE POLICY PROVISIONS. Clearwater, FL 33758 AUTHORIZED REPRESENTATIVE 1--- O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD __ ur iu: tsK R° CERTIFICATE OF LIABILITY INSURANCE DATE MMlDD1YWY) 06/26/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dces not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 727-447-6481 CONTACT Bouchard-Clearwater NAME: 101 Starcrest Drive 727-449-1267 ac°Nro eM : Fvc, No : P O BOX BO9O E-MAIL Clearwater, FL 33758-6090 ADDRESS: Josh Bouchard ROO MER,o•CLEA-37 INSUREO Clearwater Marine Aquarium Mr. David Yates 249 Windward Passage Clearwater, FL 33767 INSURER S) AFFORDING COVERAGE NAIC # r,suReRn:Scottsdale Insurance Company 41297 NSUReRS:lndemnity Ins Co of North Amer 43575 NSUReRC:Aspen Specialty Insurance Co 10717 r,suReRO:Travelers Insurance Company 87726 NSURea e: United States Liability Ins Co COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAtN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITSLTRPOLICYNUMBERMM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 'I OOO,OO A X COMMERCIAL GENERAL LIABILITY X CPS1240107 10/01/11 10/01/12 pREMISES Ea occurrence $ 100,00 CLAIMS-MADE a OCCUR MED EXP (Any one person) $ 5, B X P&Ilnsurance HUN00876008008 /0/ 10/01/12 pERSONAL&ADVINJURY $ ,r 0 GENERALAGGREGATE $ Z,OOO,OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z OOO OO X Poucr PR LOC P&I Liabi $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9 000 00 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9 000 00 C CXA61 QY11 10/01/11 10/01 /12 DEDUCTIBLE $ X RETENTION $ NONE $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y N TORY LIMITS ER _. ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N A Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTIO OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ p ERISA Bond $10,000 105420842 03/23/10 03/23/13 Umb Not Over Thi E D&O $5,000,000 ND01042863H 10/01/11 10/01/12 Umb Not Over Thi DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES1Attach ACORD 101, Additional Remarks Schedule ifmore s ace is required) RE• RENTAL SPACE AT HARBORVIEW CENTER 320 CLEVELAND STREET, G'LEARY IATER, FLbRIDA - CITY OF CLEARWATER IS ADDITIONAL INSURED ON GENERAL LIABILITY ONLUY IF REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO TERMS, CONDITIONS AND LIMITS AS SPECIFIED IN THE POLICY. CERTIFICA CITY OF CLEARWATER 112 S. OSCEOLA AVE CLEARWATER, FL CITY OF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 .r' ` V `.... O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-04009 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.1 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 1766 Owen Drive; and pass Ordinances 8716-15, 8717-15 and 8718-15 on first reading. (ANX2015-04009) SUMMARY: This voluntary annexation petition involves a 0.187-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Owen Drive, approximately 960 feet north of SR 590. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is not contiguous to existing city boundaries; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the property be assigned the Future Land Use Map designation of Residential Low (RL) and the 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 Pinellas County. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the adjacent Sandy Lane right-of-way. The applicant has paid the City’s sewer impact and assessment fees in full, and is aware of the additional costs to extend City sewer service to this property. 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 sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from 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 Page 1 City of Clearwater Printed on 6/11/2015 File Number: ANX2015-04009 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 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 the property. The Residential Low (RL) 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 Low Medium Density Residential (LMDR) 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 not contiguous to City boundaries but is located in a Type A enclave and is therefore consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 6/11/2015 Ordinance No. 8716-15 ORDINANCE NO. 8716-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF OWEN DRIVE APPROXIMATELY 960 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1766 OWEN DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 34, Pinellas Terrace, a subdivision according to the plat thereof recorded at Plat Book 49, Page 52, in the Public Records of Pinellas County, Florida. (ANX2015-04009) 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. 8716-15 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 MAP Owner(s): Kevin W. Prina Case: ANX2015-04009 Site: 1766 Owen Drive Property Size(Acres): ROW (Acres): 0.187 N/A Land Use Zoning PIN: 05-29-16-71424-000-0340 From : RL R-3 Atlas Page: 264A To: RL LMDR 50 50 50 60 60 60 60 50 50 50 50 50 60 66 66 66 66 50 605047 66 71 4 4 2 71424 94392 94374 L AA 7 6 6 5 3 3 13 14 15 161718192021 22 23 24 25 2627 1 2 3 45 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 23456 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 34 35 3637 38 39 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 62 63 6465 66 67 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 111213141516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 33/03 33/051 33/12 33/052 33/05 33/09 33/11 00000 AC(C) SR 590 EVA NS DR OWEN DR LUCAS DR AUDREY DR CARDINAL DR MORNINGSIDE DR N TERRACE DR COACHMAN PLAZA DR N TERRACE DR 27 3 7 27 3 1 1705 1752 26 3 7 1717 1747 1716 1728 1732 1736 1753 27 0 0 1707 1719 1725 1719 1779 1707 1737 1743 26 8 4 26 7 8 26 7 2 26 6 6 26 4 8 1718 1722 1726 1730 1734 1738 1742 1746 1750 1754 1762 1778 27 1 0 27 0 7 27 0 1 26 2 5 1728 27 2 3 27 2 5 27 1 5 1771 1721 1717 1701 26 3 1 1737 27 2 0 1715 1727 27 2 4 1717 1785 1779 1767 1773 1724 1701 1705 1709 1721 1737 1741 1753 1765 1704 1708 1712 1720 1724 1740 1746 1752 1758 1701 1721 1725 1729 1733 1741 1745 1749 1704 1712 1716 1718 1740 1744 1750 1756 1760 1764 1768 1733 1713 1701 1737 1743 1749 1755 1761 1700 1718 1706 1712 1724 1730 1736 1742 1754 1760 1766 1772 1778 1701 1707 1715 1725 1737 1743 1749 1761 1767 1773 1700 1706 1712 1718 1724 1730 1736 1742 1748 1754 1760 1766 1772 1778 1701 1713 1719 1725 1731 1745 1751 1761 1767 1771 1775 26 6 0 26 5 4 26 4 4 1758 1766 1770 1774 27 3 0 27 1 8 27 1 4 26 7 1 26 4 3 26 4 9 26 5 4 26 6 5 26 5 9 26 8 9 26 8 3 26 7 7 2 180 1736 1731 1732 1759 2711 2719 2 22 0 21800 1729 1733 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Ordinance No. 8717-15 ORDINANCE NO. 8717-15 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 WEST SIDE OF OWEN DRIVE APPROXIMATELY 960 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1766 OWEN DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 34, Pinellas Terrace, a subdivision according to the plat thereof recorded at Plat Book 49, Page 52, in the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2015-04009) 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. 8716-15. Ordinance No. 8717-15 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): Kevin W. Prina Case: ANX2015-04009 Site: 1766 Owen Drive Property Size(Acres): ROW (Acres): 0.187 N/A Land Use Zoning PIN: 05-29-16-71424-000-0340 From : RL R-3 Atlas Page: 264A To: RL LMDR 50 50 50 60 60 60 60 50 50 50 50 50 60 66 66 66 66 50 605047 66 71 4 4 2 71424 94392 94374 L AA 7 6 6 5 3 3 13 14 15 161718192021 22 23 24 25 2627 1 2 3 45 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 23456 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 34 35 3637 38 39 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 62 63 6465 66 67 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 111213141516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 33/03 33/051 33/12 33/052 33/05 33/09 33/11 00000 AC(C) P P P RL RL RL RL CL RL RL RU RL RLR/O/R RL RL CG RL R/O/R RU SR 590 EVA NS DR OWEN DR LUCAS DR AUDREY DR CARDINAL DR MORNINGSIDE DR N TERRACE DR COACHMAN PLAZA DR N TERRACE DR 1705 1752 1717 1747 1728 1753 1707 1779 26 8 4 26 7 8 26 7 2 1738 1742 1746 1750 1754 1778 27 1 0 27 2 3 1771 1717 1701 1715 1727 27 2 4 27 3 7 27 3 1 1717 1785 1779 17671773 1724 26 3 7 1701 1705 1709 1721 1737 1741 1753 1765 1704 1708 1712 1716 1720 1724 1732 17361740 1746 1752 1758 1701 1721 1725 1729 1733 1741 1745 1749 1704 1712 1716 1718 1740 1744 1750 1756 1760 1764 1768 27 0 0 1719 1733 1725 1713 1701 1737 1743 1749 1755 1761 1700 1718 1706 1712 1724 1730 1736 1742 1754 1760 1766 1772 1778 1701 1707 1715 1719 1725 1737 1743 1749 1761 1767 1773 1700 1706 1712 1718 1724 1730 1736 1742 1748 1754 1760 1766 1772 1778 1701 1707 1713 1719 1725 1731 1737 1743 1745 1751 1761 1767 1771 1775 26 6 6 26 6 0 26 5 4 26 4 8 26 4 4 1718 1722 1726 1730 1734 1758 1762 1766 1770 1774 27 3 0 27 1 8 27 1 4 27 0 7 27 0 1 26 7 1 26 4 3 26 4 9 26 5 4 26 6 5 26 5 9 26 8 9 26 8 3 26 7 7 26 2 5 2 180 1736 1731 1728 1732 1759 2711 2725 2719 2715 2 22 1721 0 21800 2631 1737 1729 1733 2720 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Ordinance No. 8718-15 ORDINANCE NO. 8718-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF OWEN DRIVE APPROXIMATELY 960 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1766 OWEN DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: 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. 8716-15. Property Zoning District Lot 34, Pinellas Terrace, a subdivision according to the plat thereof recorded at Plat Book 49, Page 52, in the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2015-04009) Ordinance No. 8718-15 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): Kevin W. Prina Case: ANX2015-04009 Site: 1766 Owen Drive Property Size(Acres): ROW (Acres): 0.187 N/A Land Use Zoning PIN: 05-29-16-71424-000-0340 From : RL R-3 Atlas Page: 264A To: RL LMDR 50 50 50 60 60 60 60 50 50 50 50 50 60 66 66 66 66 50 605047 66 71 4 4 2 71424 94392 94374 L AA 7 6 6 5 3 3 13 14 15 161718192021 22 23 24 25 2627 1 2 3 45 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 23456 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 34 35 3637 38 39 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 62 63 6465 66 67 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 111213141516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 33/03 33/051 33/12 33/052 33/05 33/09 33/11 00000 AC(C) LMDR LMDRC LMDR O P MHDR P LMDR LMDR P P SR 590 EVA NS DR OWEN DR LUCAS DR AUDREY DR CARDINAL DR MORNINGSIDE DR N TERRACE DR COACHMAN PLAZA DR N TERRACE DR 1705 1752 1717 1747 1728 1753 1707 1779 26 8 4 26 7 8 26 7 2 1718 1722 1726 1730 1734 1738 1742 1746 1750 1754 1778 27 1 0 26 2 5 1728 27 2 3 1771 1721 1717 1701 1715 1727 27 2 4 27 3 7 27 3 1 1717 1785 1779 17671773 1724 26 3 7 1701 1705 1709 1721 1737 1741 1753 1765 1704 1708 1712 1716 1720 1724 1732 17361740 1746 1752 1758 1701 1721 1725 1729 1733 1741 1745 1749 1704 1712 1716 1718 1740 1744 1750 1756 1760 1764 1768 27 0 0 1719 1733 1725 1713 1701 1737 1743 1749 1755 1761 1700 1718 1706 1712 1724 1730 1736 1742 1754 1760 1766 1772 1778 1701 1707 1715 1719 1725 1737 1743 1749 1761 1767 1773 1700 1706 1712 1718 1724 1730 1736 1742 1748 1754 1760 1766 1772 1778 1701 1707 1713 1719 1725 1731 1737 1743 1745 1751 1761 1767 1771 1775 26 6 6 26 6 0 26 5 4 26 4 8 26 4 4 1758 1762 1766 1770 1774 27 3 0 27 1 8 27 1 4 27 0 7 27 0 1 26 7 1 26 4 3 26 4 9 26 5 4 26 6 5 26 5 9 26 8 9 26 8 3 26 7 7 2 180 1736 1731 1732 1759 2711 2725 2719 2715 2 22 0 21800 2631 1737 1729 1733 2720 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 LOCATION MAP Owner(s): Kevin W. Prina Case: ANX2015-04009 Site: 1766 Owen Drive Property Size(Acres): ROW (Acres): 0.187 N/A Land Use Zoning PIN: 05-29-16-71424-000-0340 From : RL R-3 Atlas Page: 264A To: RL LMDR ^ PROJECT SITE US-19 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 AERIAL PHOTOGRAPH Owner(s): Kevin W. Prina Case: ANX2015-04009 Site: 1766 Owen Drive Property Size(Acres): ROW (Acres): 0.187 N/A Land Use Zoning PIN: 05-29-16-71424-000-0340 From : RL R-3 Atlas Page: 264A To: RL LMDR SR 590 SR 590 EVANS DR EVANS DR OWEN DR OWEN DR LUC A S DR LUC A S DR AUDREY DR AUDREY DR CARDINAL DR CARDINAL DR MORNINGSIDE DR MORNINGSIDE DR N TERRACE DR N TERRACE DR CO AC H M AN PLAZ A DR CO AC HM AN PLAZ A DR N TERRACE DRN TERRACE DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 EXISTING SURROUNDING USES MAP Owner(s): Kevin W. Prina Case: ANX2015-04009 Site: 1766 Owen Drive Property Size(Acres): ROW (Acres): 0.187 N/A Land Use Zoning PIN: 05-29-16-71424-000-0340 From : RL R-3 Atlas Page: 264A To: RL LMDR 50 50 50 60 60 60 60 50 50 50 50 50 60 66 66 66 66 50 605047 66 71 4 4 2 71424 94392 94374 L AA 7 6 6 5 3 3 13 14 15 161718192021 22 23 24 25 2627 1 2 3 45 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 23456 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 34 35 3637 38 39 40 41 42 43 44 45 46 47 48 49 5051 52 53 54 55 56 57 58 59 60 61 62 63 6465 66 67 68 69 70 71 72 73 74 75 76 77 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 111213141516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 33/03 33/051 33/12 33/052 33/05 33/09 33/11 5050 606050500 AC(C) SR 590 EVANS DR OWEN DR LUCAS DR AUDREY DR CARDINAL DR MORNINGSIDE DR N TERRACE DR COACHMAN PLAZA DR N TERRACE DR 27 3 7 27 3 1 1705 1752 26 3 7 1717 1747 1716 1728 1732 1736 1753 27 0 0 1707 1719 1725 1719 1779 1707 1737 1743 26 8 4 26 7 8 26 7 2 26 6 6 26 4 8 1718 1722 1726 1730 1734 1738 1742 1746 1750 1754 1762 1778 27 1 0 27 0 7 27 0 1 26 2 5 1728 27 2 3 27 2 5 27 1 5 1771 1721 1717 1701 26 3 1 1737 27 2 0 1715 1727 27 2 4 1717 1785 1779 17671773 1724 1701 1705 1709 1721 1737 1741 1753 1765 1704 1708 1712 1720 1724 1740 1746 1752 1758 1701 1721 1725 1729 1733 1741 1745 1749 1704 1712 1716 1718 1740 1744 1750 1756 1760 1764 1768 1733 1713 1701 1737 1743 1749 1755 1761 1700 1718 1706 1712 1724 1730 1736 1742 1754 1760 1766 1772 1778 1701 1707 1715 1725 1737 1743 1749 1761 1767 1773 1700 1706 1712 1718 1724 1730 1736 1742 1748 1754 1760 1766 1772 1778 1701 1713 1719 1725 1731 1745 1751 1761 1767 1771 1775 26 6 0 26 5 4 26 4 4 1758 1766 1770 1774 27 3 0 27 1 8 27 1 4 26 7 1 26 4 3 26 4 9 26 5 4 26 6 5 26 5 9 26 8 9 26 8 3 26 7 7 2 180 1736 1731 1732 1759 27 1 1 27 1 9 2 22 0 21800 1729 1733 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Single Family Residential Single Family Residential Commercial & Retail Uses Commercial & Retail Uses Single Family Residential View looking west at the subject property, 1766 Owen DriveAcross the street, to the east of the subject property North of the subject propertySouth of the subject property ANX2015-04009 Kevin W. Prina 1766 Owen Drive View looking northerly along Owen DriveView looking southerly along Owen Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-04010 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 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 2143 Burnice Drive; and pass Ordinances 8719-15, 8720-15 and 8721-15 on first reading. (ANX2015-04010) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 0.236 acres. The parcel is occupied by a single-family dwelling and is located on the south side of Burnice Drive, approximately 675 feet west of South Belcher Road. The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Belcher Area Sanitary Sewer Extension Project Area. The property is contiguous to existing City boundaries along the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and the 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 Pinellas County. Collection of solid waste will be provided to the property by the City. The applicant has paid the sewer impact fee in full, and will be connected to the City sewer system once it is 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 the property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water from 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 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 Page 1 City of Clearwater Printed on 6/11/2015 File Number: ANX2015-04010 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 Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The Residential Low (RL) 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 Low Medium Density Residential (LMDR) 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 along the west; 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 6/11/2015 Ordinance No. 8719-15 ORDINANCE NO. 8719-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE APPROXIMATELY 675 FEET WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2143 BURNICE DRIVE, CLEARWATER, FLORIDA 33764, 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 25, GLEN ELLYN ESTATES, according to the map or plat thereof as recorded in Plat Book 34, Page 32, Public Records of Pinellas County, Florida. (ANX2015-04010) 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. 8719-15 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 MAP Owner(s): Kai and Lila S. Christians Case: ANX2015-04010 Site: 2143 Burnice Drive Property Size(Acres): ROW (Acres): 0.236 N/A Land Use Zoning PIN: 24-29-15-31050-000-0250 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 6 0 50 4 104 130 131 132 133 87 8685 8483 138 137 136 135 134 105106107 108 109 110 127 126 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 AC 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR PL E A S A N T P K W Y U N I V E R S I T Y C T 1220 1200 2172 21 4 8 21 3 0 21 6 5 21 7 3 21 4 9 21 8 7 21 9 5 213 2 21 1 0 1 1 1 0 1100 2147 21 0 7 21 7 9 21 8 5 21 3 1 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 215 2 21 1 7 21 0 9 21 5 5 21 6 1 21 4 7 21 6 7 21 7 3 218 4 21 78 1276 21 9 8 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 7 4 21 6 6 21 6 0 21 4 2 21 3 8 213 0 21 2 4 21 1 8 21 12 21 06 2106 2111 2115 2 1 1 92123 21 3 5 21 4 3 21 2 6 1282 21 48 21 4 0 21 5 4 21 4 1 21 5 7 21 9 1 21 9 9 2 1 6 410102156 21 9 1 21 4 3 21 34 21 3 0 212 2 21 16 21 00 21 2 5 21 3 3 21 8 1 21 90 216 6 21 6 0 21 9 2 21 0 0 21 2 7 21 2 4 21 1 0 21 1 8 21 12 21 76 2 1 214 0 218 0 21 9 8 218 6 21 92 21 7 2 211 8 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Ordinance No. 8720-15 ORDINANCE NO. 8720-15 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 SOUTH SIDE OF BURNICE DRIVE APPROXIMATELY 675 FEET WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2143 BURNICE DRIVE, CLEARWATER, FLORIDA 33764, 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 25, GLEN ELLYN ESTATES, according to the map or plat thereof as recorded in Plat Book 34, Page 32, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2015-04010) 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. 8719-15. Ordinance No. 8720-15 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): Kai and Lila S. Christians Case: ANX2015-04010 Site: 2143 Burnice Drive Property Size(Acres): ROW (Acres): 0.236 N/A Land Use Zoning PIN: 24-29-15-31050-000-0250 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 6 0 50 4 104 130 131 132 133 87 8685 8483 138 137 136 135 134 105106107 108 109 110 127 126 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 AC 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR PL E A S A N T P K W Y U N I V E R S I T Y C T RL RL RL P RU RURU WATERR/OS RU 1220 1200 2172 21 4 8 21 3 0 21 6 5 21 7 3 21 4 9 21 8 7 21 9 5 213 2 1 1 1 0 1100 2147 21 0 7 21 7 9 21 8 5 21 3 1 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 215 2 21 1 7 21 0 9 21 5 5 21 6 1 21 4 7 21 6 7 21 7 3 218 4 21 78 1276 21 9 8 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 7 4 21 6 6 21 6 0 21 4 2 21 3 8 213 0 21 2 4 21 1 8 21 12 21 06 2106 2111 2115 2 1 1 92123 21 3 5 21 4 3 21 2 6 1282 21 48 21 4 0 21 5 4 21 4 1 21 5 7 21 9 1 21 9 9 2 1 6 4 21 1 01010 2 1 5 6 21 9 1 21 4 3 21 34 21 3 0 212 2 21 16 21 00 21 2 5 21 3 3 21 8 1 21 90 216 6 21 6 0 21 9 2 21 0 0 21 2 7 21 2 4 21 1 0 21 1 8 21 12 21 76 2 1 214 0 218 0 21 9 8 218 6 21 92 21 7 2 211 8 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Ordinance No. 8721-15 ORDINANCE NO. 8721-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE APPROXIMATELY 675 FEET WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2143 BURNICE DRIVE, CLEARWATER, FLORIDA 33764, 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. 8719-15. Property Zoning District Lot 25, GLEN ELLYN ESTATES, according to the map or plat thereof as recorded in Plat Book 34, Page 32, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2015-04010) Ordinance No. 8721-15 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): Kai and Lila S. Christians Case: ANX2015-04010 Site: 2143 Burnice Drive Property Size(Acres): ROW (Acres): 0.236 N/A Land Use Zoning PIN: 24-29-15-31050-000-0250 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 6 0 50 4 104 130 131 132 133 87 8685 8483 138 137 136 135 134 105106107 108 109 110 127 126 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 AC 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR PL E A S A N T P K W Y U N I V E R S I T Y C T LMDR P LMDR P LMDR 1220 1200 2172 21 4 8 21 3 0 21 6 5 21 7 3 21 4 9 21 8 7 21 9 5 213 2 21 1 0 1 1 1 0 1100 2147 21 0 7 21 7 9 21 8 5 21 3 1 21 0 9 21 1 7 21 2 5 21 0 1 215 2 21 1 7 21 0 9 21 5 5 21 6 1 21 4 7 21 6 7 21 7 3 218 4 21 78 1276 21 9 8 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 7 4 21 6 6 21 6 0 21 4 2 21 3 8 213 0 21 2 4 21 1 8 21 12 21 06 2106 2115 2 1 1 92123 21 3 5 21 4 3 21 2 6 1282 21 48 21 4 0 21 5 4 21 4 1 21 5 7 21 9 1 21 9 9 2 1 6 410102156 21 9 1 21 4 3 21 3 5 21 34 21 3 0 212 2 21 16 21 00 21 2 5 21 3 3 21 8 1 21 90 216 6 21 6 0 21 9 2 21 0 0 2111 21 2 7 21 2 4 21 1 0 21 1 8 21 12 21 76 2 1 214 0 218 0 21 9 8 218 6 21 92 21 7 2 211 8 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 LOCATION MAP Owner(s): Kai and Lila S. Christians Case: ANX2015-04010 Site: 2143 Burnice Drive Property Size(Acres): ROW (Acres): 0.236 N/A Land Use Zoning PIN: 24-29-15-31050-000-0250 From : RL R-3 Atlas Page: 308B To: RL LMDR ^ PROJECT SITE DRUID RD -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 BELCHER RD AERIAL PHOTOGRAPH Owner(s): Kai and Lila S. Christians Case: ANX2015-04010 Site: 2143 Burnice Drive Property Size(Acres): ROW (Acres): 0.236 N/A Land Use Zoning PIN: 24-29-15-31050-000-0250 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S B E L C H E R R D S B E L C H E R R D BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR PL E A S A N T P K W Y PL E A S A N T P K W Y -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 EXISTING SURROUNDING USES MAP Owner(s): Kai and Lila S. Christians Case: ANX2015-04010 Site: 2143 Burnice Drive Property Size(Acres): ROW (Acres): 0.236 N/A Land Use Zoning PIN: 24-29-15-31050-000-0250 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 60 6 0 50 4 104 130 131 132 133 87 8685 8483 138 137 136 135 134 105106107 108 109 110 127 126 125 124 123 122 121120119 118 117 116115114113112111 50 50 60 50 60 60 60 60 6 0 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 1112 1314 15 18 19 20 21 1 2 3321987 6 5 4 3 2 1 18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34 1716 15 14 131211 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 AC 1 BURNICE DR S B E L C H E R R D BELL CHEER DR S UNIVERSITY DR PL E A S A N T P K W Y U N I V E R S I T Y C T 1220 1200 2172 21 4 8 21 3 0 21 6 5 21 7 3 21 4 9 21 8 7 21 9 5 213 2 21 1 0 1 1 1 0 1100 2147 21 0 7 21 7 9 21 8 5 21 3 1 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 215 2 21 1 7 21 0 9 21 5 5 21 6 1 21 4 7 21 6 7 21 7 3 218 4 21 78 1276 21 9 8 21 9 7 21 9 1 21 8 5 21 7 3 21 6 7 21 5 7 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 8 8 21 7 4 21 6 6 21 6 0 21 4 2 21 3 8 213 0 21 2 4 21 1 8 21 12 21 06 2106 2111 2115 2 1 1 92123 21 3 5 21 4 3 21 2 6 1282 21 48 21 4 0 21 5 4 21 4 1 21 5 7 21 9 1 21 9 9 2 1 6 410102156 21 9 1 21 4 3 21 34 21 3 0 212 2 21 16 21 00 21 2 5 21 3 3 21 8 1 21 90 216 6 21 6 0 21 9 2 21 0 0 21 2 7 21 2 4 21 1 0 21 1 8 21 12 21 76 2 1 214 0 218 0 21 9 8 218 6 21 92 21 7 2 211 8 22 1 0 E l e c -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Single Family Residential Single Family Residential Single Family Residential Water Single Family Residential View looking south at the subject property, 2143 BurniceDriveEast of the subject property West of the subject propertyAcross the street, to the north of the subject property ANX2015-04010 Christians, Kai and Lila S. 2143 BurniceDrive View looking easterly along BurniceDriveView looking westerly along BurniceDrive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-04011 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 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 1807 Skyland Drive; and pass Ordinances 8722-15, 8723-15 and 8724-15 on first reading. (ANX2015-04011) SUMMARY: This voluntary annexation petition involves a 0.185-acre property consisting of one vacant parcel. It is located on the east side of Skyland Drive, approximately 80 feet north of Morningside Drive. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south, east and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The need for sanitary sewer service was prompted by the applicant’s proposal to construct a single-family home. Due to timing issues, the applicant would like to construct the single-family home while located in the County. The site plan approved by the County meets the Low Medium Density Residential (LMDR) District’s Flexible Standard Development provisions of the Clearwater Community Development Code . Due to the nature of the construction, Pinellas County will require the applicant to connect into the City’s sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a CO, which is anticipated to be in early fall of 2015. The Planning and Development Department will schedule second and final reading after the applicant obtains the CO. 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 is currently vacant and the applicant is currently constructing a single family residence under a building permit from Pinellas County. Water Page 1 City of Clearwater Printed on 6/11/2015 File Number: ANX2014-04011 service will be provided by Pinellas County. The closest sanitary sewer line is located in the adjacent Skyland Drive right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North 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 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 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. 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 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 proposed 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 along the north, south, east and west of the 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 6/11/2015 File Number: ANX2014-04011 Page 3 City of Clearwater Printed on 6/11/2015 Ordinance No. 8722-15 ORDINANCE NO. 8722-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SKYLAND DRIVE APPROXIMATELY 140 FEET NORTH OF MORNINGSIDE DRIVE, WHOSE POST OFFICE ADDRESS IS 1807 SKYLAND DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The South 60 feet of Lot 8, Block I, Carlton Terrace First Addition, according to the plat thereof, recorded in Plat Book 43, Page 39, of the Public Records of Pinellas County, Florida. (ANX2015-04011) 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. 8722-15 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 MAP Owner(s): Customized Contracting Inc. Case: ANX2015-04011 Site: 1807 Skyland Drive Property Size(Acres): ROW (Acres): 0.19 N/A Land Use Zoning PIN: 05-29-16-13554-009-0080 From : RL R-3 Atlas Page: 264A To: RL LMDR 60 50 50 60 60 60 60 60 60 66 66 66 66 50 50 50 50 66 13554 94338 21092 98470 E G H I J L A 3 3 3 3 3 J 2 3 7 8 9 10 11 25 26 27 151617181920 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 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 45 6 789 10 7 8 9 10 11 13 14 15 16 17 18 2345678910111213141516 13 14 1516 17 18 13 14 1516 17 18 13 14 1516 17 18 13 14 1516 17 18 1 2 345 6 7 101112131415 16 1 2 3 4 5 6 7 8 910 11 141516171819 1 N TERRACE DR MORNINGSIDE DR DIANE DR OWEN DR SKYLAND DR EVANS DR MARILYN DR WOODRING DR DIANE TER LUCAS DR GROVE DR THOMAS DR 27 1 5 1752 27 8 7 27 8 6 27 7 9 27 5 9 17551753 27 5 2 27 7 6 27 4 6 27 1 0 27 0 1 1801 2762 2773 2747 2723 2720 2724 2700 1 8 3 5 1810 1826 1 8 4 21834 2710 WINWOOD DR 2724 2743 2737 2731 1806 1807 18431845 1851 1785 1779 1767 1773 1817 1825 2 2778 2775 2767 2771 1831 1837 175317501754 1751 2751 17491748 1754 1753 1765 1752 17581749 1750 1756 1760 1764 1768 2770 2764 2758 2740 2738 2734 2730 2718 2714 2707 2701 2689 2683 1806 1830 1836 1824 1818 1812 1800 1812 1818 1830 1836 1813 1808 1807 1813 1819 1825 1831 1837 2762 1819 1827 1809 1807 1800 1806 1812 1818 1824 1830 1836 1842 1 85 4 1848 2785 2773 2789 2781 2793 2777 2794 2782 2 2783 2763 18491855 47 2 8 7 2 4 271 82714 27101861 1824 1824 1848 1842 1813 1819 1825 1831 1837 1759 2711 2761 2755 2749 2725 2719 2715 2774 2770 2766 1836 1830 1818 2709 1807 1827 1819 2784 1818 2790 2767 2704 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Ordinance No. 8723-15 ORDINANCE NO. 8723-15 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 EAST SIDE OF SKYLAND DRIVE APPROXIMATELY 140 FEET NORTH OF MORNINGSIDE DRIVE, WHOSE POST OFFICE ADDRESS IS 1807 SKYLAND DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The South 60 feet of Lot 8, Block I, Carlton Terrace First Addition, according to the plat thereof, recorded in Plat Book 43, Page 39, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2015-04011) 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. 8722-15. Ordinance No. 8723-15 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): Customized Contracting Inc. Case: ANX2015-04011 Site: 1807 Skyland Drive Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-13554-009-0080 From : RL R-3 Atlas Page: 264A To: RL LMDR 60 50 50 60 60 60 60 60 60 60 66 66 66 66 50 50 50 50 66 13554 94338 21092 98470 E G H I J L A 3 3 3 3 3 J 2 3 7 8 9 10 11 25 2627 13 14151617181920 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 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 45 6 789 10 7 8 9 10 11 13 14 15 16 17 18 2345678910111213141516 13 14 1516 17 18 13 14 1516 17 18 13 14 1516 17 14 1516 17 1 2 345 6 7 101112131415 16 1 2 3 4 5 6 7 8 910 11 141516171819 1 RLRL RL RL RL RLRL RL RL RL RL RL RL DIANE DR N TERRACE DR MORNINGSIDE DR OWEN DR SKYLAND DR EVANS DR MARILYN DR WOODRING DR DIANE TER LUCAS DR GROVE DR 27 1 5 1752 27 8 7 27 8 6 27 7 9 1750 1751 27 5 9 17491753 27 5 2 27 7 6 27 4 6 27 1 0 27 0 1 1801 2762 2747 2723 2720 2724 2700 1 8 3 5 1810 1826 1 8 4 2 1834 2704 2710 RL P P P RM P THOMAS DR WINWOOD DR 2724 2743 2737 2731 1806 1807 18431845 1851 1785 1779 1767 1773 1817 1825 2 2778 2775 2767 2771 1831 1837 17531754 2751 1755 1754 1765 17581749 17531756 1760 1764 1768 2770 2764 2758 2740 2738 2734 2730 2718 2714 2707 2701 2689 2683 1806 1830 1836 1824 1818 1812 1800 1812 1818 1830 1836 1813 1808 1807 1813 1819 1825 1831 1837 2762 1819 1827 1809 1807 1800 1806 1812 1818 1824 1830 1836 1842 18 54 1848 2785 2773 2789 2781 2793 2777 2794 2782 2 2783 2763 18491855 87 3 4 2 7 2 8 2 7 2 4 2 7 1 82714 27101861 2773 1824 1824 1848 1842 1813 1819 1825 1831 1837 1759 2711 2761 2755 2749 2725 2719 2715 2774 2770 2766 1836 1830 1818 2709 1807 1827 1819 2784 1818 2790 2767 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Ordinance No. 8724-15 ORDINANCE NO. 8724-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SKYLAND DRIVE APPROXIMATELY 140 FEET NORTH OF MORNINGSIDE DRIVE, WHOSE POST OFFICE ADDRESS IS 1807 SKYLAND DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: 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. 8722-15. Property Zoning District The South 60 feet of Lot 8, Block I, Carlton Terrace First Addition, according to the plat thereof, recorded in Plat Book 43, Page 39, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2015-04011) Ordinance No. 8724-15 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): Customized Contracting Inc. Case: ANX2015-04011 Site: 1807 Skyland Drive Property Size(Acres): ROW (Acres): 0.19 N/A Land Use Zoning PIN: 05-29-16-13554-009-0080 From : RL R-3 Atlas Page: 264A To: RL LMDR 60 50 50 60 60 60 60 60 60 60 66 66 66 66 50 50 50 50 66 13554 94338 21092 98470 E G H I J L A 3 3 3 3 3 J 2 3 7 8 9 10 11 25 2627 13 14151617181920 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 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 45 6 789 10 7 8 9 10 11 13 14 15 16 17 18 2345678910111213141516 13 14 1516 17 18 13 14 1516 17 18 13 14 1516 17 14 1516 17 1 2 345 6 7 101112131415 16 1 2 3 4 5 6 7 8 910 11 141516171819 1 LMDR DIANE DR N TERRACE DR MORNINGSIDE DR OWEN DR SKYLAND DR EVANS DR MARILYN DR WOODRING DR DIANE TER LUCAS DR GROVE DR 27 1 5 1752 27 8 7 27 8 6 27 7 9 1750 1751 27 5 9 1749 1755 1753 1753 27 5 2 27 7 6 27 4 6 27 1 0 27 0 1 1801 2762 2773 2747 2723 2720 2724 2700 1 8 3 5 1810 1826 1 8 4 2 1834 2704 2710 P P P THOMAS DR WINWOOD DR 2724 2743 2737 2731 1806 1807 18431845 1851 1785 1779 1767 1773 1817 1825 2 2778 2775 2767 2771 1831 1837 17531754 2751 1754 1765 17581749 1756 1760 1764 1768 2770 2764 2758 2740 2738 2734 2730 2718 2714 2707 2701 2689 2683 1806 1830 1836 1824 1818 1812 1800 1812 1818 1830 1836 1813 1808 1807 1813 1819 1825 1831 1837 2762 1819 1827 1809 1807 1800 1806 1812 1818 1824 1830 1836 1842 18 54 1848 2785 2773 2789 2781 2793 2777 2794 2782 2 2783 2763 18491855 87 3 4 2 7 2 8 2 7 2 4 2 7 1 82714 27101861 1824 1824 1848 1842 1813 1819 1825 1831 1837 1759 2711 2761 2755 2749 2725 2719 2715 2774 2770 2766 1836 1830 1818 2709 1807 1827 1819 2784 1818 2790 2767 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 LOCATION MAP Owner(s): Customized Contracting Inc. Case: ANX2015-04011 Site: 1807 Skyland Drive Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-13554-009-0080 From : RL R-3 Atlas Page: 264A To: RL LMDR ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 US-19 AERIAL PHOTOGRAPH Owner(s): Customized Contracting Inc. Case: ANX2015-04011 Site: 1807 Skyland Drive Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-13554-009-0080 From : RL R-3 Atlas Page: 264A To: RL LMDR MORNINGSIDE DR MORNINGSIDE DR N TERRACE DRN TERRACE DR DIANE DR DIANE DR OWEN DR OWEN DR SKYLAND DR SKYLAND DR EVANS DR EVANS DR MARILYN DR MARILYN DR WOODRING DR WOODRING DR DIANE TER DIANE TER LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 EXISTING SURROUNDING USES MAP Owner(s): Customized Contracting Inc. Case: ANX2015-04011 Site: 1807 Skyland Drive Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-13554-009-0080 From : RL R-3 Atlas Page: 264A To: RL LMDR 60 50 50 60 60 60 60 60 60 66 66 66 66 50 50 50 50 66 13554 94338 21092 98470 E G H I J L A 3 3 3 3 3 J 2 3 7 8 9 10 11 25 26 27 151617181920 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 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 45 6 789 10 7 8 9 10 11 13 14 15 16 17 18 2345678910111213141516 13 14 1516 17 18 13 14 1516 17 18 13 14 1516 17 18 13 14 1516 17 18 1 2 345 6 7 101112131415 16 1 2 3 4 5 6 7 8 910 11 141516171819 1 N TERRACE DR MORNINGSIDE DR DIANE DR OWEN DR SKYLAND DR EVANS DR MARILYN DR WOODRING DR DIANE TER LUCAS DR GROVE DR THOMAS DR 27 1 5 1752 27 8 7 27 8 6 27 7 9 27 5 9 17551753 27 5 2 27 7 6 27 4 6 27 1 0 27 0 1 1801 2762 2773 2747 2723 2720 2724 2700 1 8 3 5 1810 1826 1 8 4 21834 2710 WINWOOD DR 2724 2743 2737 2731 1806 1807 18431845 1851 1785 1779 1767 1773 1817 1825 2 2778 2775 2767 2771 1831 1837 175317501754 1751 2751 17491748 1754 1753 1765 1752 17581749 1750 1756 1760 1764 1768 2770 2764 2758 2740 2738 2734 2730 2718 2714 2707 2701 2689 2683 1806 1830 1836 1824 1818 1812 1800 1812 1818 1830 1836 1813 1808 1807 1813 1819 1825 1831 1837 2762 1819 1827 1809 1807 1800 1806 1812 1818 1824 1830 1836 1842 1 85 4 1848 2785 2773 2789 2781 2793 2777 2794 2782 2 2783 2763 18491855 47 2 8 7 2 4 271 82714 27101861 1824 1824 1848 1842 1813 1819 1825 1831 1837 1759 2711 2761 2755 2749 2725 2719 2715 2774 2770 2766 1836 1830 1818 2709 1807 1827 1819 2784 1818 2790 2767 2704 -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/07/15 Single Family Residential Single Family Residential Single Family Residential View looking east at the subject property, 1807 SkylandDriveAcross the street, to the west of the subject property North of the subject propertySouth of the subject property ANX2015-04011 Customized Contracting Inc. 1807 SkylandDrive View looking northerly along SkylandDriveView looking southerly along SkylandDrive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-04012 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.4 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 2058 Poinsetta Avenue; together with certain rights-of-way of Poinsetta Avenue and Arbelia Street; and pass Ordinances 8725-15, 8726-15 and 8727-15 on first reading. (ANX2015-04012) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 0.287 acres. The parcel is occupied by a single-family dwelling and is located on the southwest corner of Poinsetta Avenue and Arbelia Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Idlewild /The Mall Sanitary Sewer Expansion Project. The Development Review Committee is also proposing that the 0.668-acres of certain abutting right-of-way of Arbelia Street and Poinsetta Avenue also be annexed. The property is contiguous to existing City boundaries along the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and the 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 has paid the sewer impact fee in full, and is currently awaiting connection to the sewer system. 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 the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the 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. Page 1 City of Clearwater Printed on 6/11/2015 File Number: ANX2015-04012 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 property. The Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR). The use of the subject property 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 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 along the west; 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 6/11/2015 Ordinance No. 8725-15 ORDINANCE NO. 8725-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF POINSETTA AVENUE AND ARBELIA STREET, WHOSE POST OFFICE ADDRESS IS 2058 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHTS-OF-WAY OF POINSETTA AVENUE AND ARBELIA STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the properties 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 9, 10 and the North ½ of Lot 11, Block F, BROOKLAWN, according to the map or plat thereof in Plat Book 13, Page(s) 59, Public records of Pinellas County, Florida; together with all Right-of-Way of Arbelia Street abutting Lot 9, Block F and Lots 1 and 2, Block G, along with all Right-of-Way of Poinsetta Avenue abutting Lots 9, 10 and the North ½ of Lot 11, Block F. (ANX2015-04012) 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. 8725-15 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 MAP Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012 Site: 2058 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.287 0.668 Land Use Zoning PIN: 03-29-15-12060-006-0100 03-29-15-12060-006-0090 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 15 87.7 12060 46998 ABC F G H K L ME 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 7 8 9 10 1 2 3 4 8 9 10 11 1 2 3 4 15 16 21222324 2 3 4 5 6 7 8 91011 14 15 16 17 18 19 20 212223 26 27 28 29 30 21 22 23 24 1 2 3 4 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 30 36 50 1 UNION ST BETTY LN IDLEWILD DR THE MALL PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST BERMUDA ST 13 0 1 13 4 5 13 4 1 2081 1333 13 2 5 12 7 3 13 1 1 2081 2021 2087 13 3 1 13 2 1 13 2 5 13 1 7 12 7 1 2080 20842070 2072 13 0 9 13 1 0 13 0 0 2026 2028 13 1 7 12 9 1 12 9 0 12 8 4 12 8 0 12 8 2 12 8 3 2080A 13 3 0 2031 12 7 1 12 7 5 13 3 7 2064 2020 2048 2044 2066 2073 2071 2079 2083 2027 12 7 4 12 7 8 2031 2067 2050 2058 20252021 2088 2040 13 2 2 2077 2076 2063 2049 2057 2071 2077 207 207 207 13 4 9 2000 2049 2053 2067 2047 2048 2052 2063 2065 2069 2024 2028 2030 12 9 2 204412 9 3 12 7 9 12 7 7 12 7 1 12 7 6 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 7 0 2056 2035 20392043 2075 2068A 2080B 2068B -N o t t o S c a l e - -N o t a S u r v e y - Rev.04/13/15 Ordinance No. 8726-15 ORDINANCE NO. 8726-15 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 SOUTHWEST CORNER OF POINSETTA AVENUE AND ARBELIA STREET, WHOSE POST OFFICE ADDRESS IS 2058 POINSETTA AVENUE, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 9, 10 and the North ½ of Lot 11, Block F, BROOKLAWN, according to the map or plat thereof in Plat Book 13, Page(s) 59, Public records of Pinellas County, Florida. Residential Urban (RU) (ANX2015-04012) 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. 8725-15. Ordinance No. 8726-15 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): J. Bruce & Shirley A. Haney Case: ANX2015-04012 Site: 2058 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.287 0.668 Land Use Zoning PIN: 03-29-15-12060-006-0100 03-29-15-12060-006-0090 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 15 87.7 12060 46998 ABC F G H K L ME 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 7 8 9 10 1 2 3 4 8 9 10 11 1 2 3 4 15 16 21222324 2 3 4 5 6 7 8 91011 14 15 16 17 18 19 20 212223 26 27 28 29 30 21 22 23 24 1 2 3 4 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 30 36 50 1 RU RU RU RU RU RU RU RU RU RM RU RU RU RU RU RU RM RU RU RU RM RU RM WATER WATER RURU UNION ST BETTY LN IDLEWILD DR THE MALL PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST BERMUDA ST 13 3 0 13 0 1 13 4 5 13 4 1 2081 12 7 3 2066 13 1 1 2081 2021 13 3 1 13 2 1 13 2 5 13 1 7 12 7 1 13 2 2 2080 2070 2072 13 1 0 13 0 0 2026 2028 13 1 7 12 9 1 12 9 0 12 8 4 12 8 0 12 8 2 12 8 3 2080A 2031 12 7 1 12 7 5 13 3 7 2064 1333 2020 13 2 5 2048 2044 2073 2071 2079 2083 2027 12 7 4 12 7 8 2087 2031 2067 2050 2058 20252021 2088 2040 2077 2076 2063 2049 2057 2084 2071 2077 207 207 207 13 4 9 2000 2049 2053 2067 13 0 9 2047 2048 2052 2063 2065 2069 2024 2028 2030 12 9 2 204412 9 3 12 7 9 12 7 7 12 7 1 12 7 6 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 7 0 2056 2035 20392043 2075 2068A 2080B 2068B -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/13/15 Ordinance No. 8727-15 ORDINANCE NO. 8727-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF POINSETTA AVENUE AND ARBELIA STREET, WHOSE POST OFFICE ADDRESS IS 2058 AVENUE, 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. 8725-15. Property Zoning District Lot 9, 10 and the North ½ of Lot 11, Block F, BROOKLAWN, according to the map or plat thereof in Plat Book 13, Page(s) 59, Public records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2015-04012) Ordinance No. 8727-15 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): J. Bruce & Shirley A. Haney Case: ANX2015-04012 Site: 2058 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.287 0.668 Land Use Zoning PIN: 03-29-15-12060-006-0100 03-29-15-12060-006-0090 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 15 87.7 12060 46998 ABC F G H K L ME 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 7 8 9 10 1 2 3 4 8 9 10 11 1 2 3 4 15 16 21222324 2 3 4 5 6 7 8 91011 14 15 16 17 18 19 20 212223 26 27 28 29 30 21 22 23 24 1 2 3 4 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 30 36 50 1 LMDR MDR UNION ST BETTY LN IDLEWILD DR THE MALL PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST BERMUDA ST 13 3 0 13 0 1 13 4 5 13 4 1 2081 1333 13 2 5 12 7 3 2066 13 1 1 2081 2021 2087 13 3 1 13 2 1 13 2 5 13 1 7 12 7 1 13 2 2 2080 20842070 2072 13 0 9 13 1 0 13 0 0 2026 2028 13 1 7 12 9 1 12 9 0 12 8 4 12 8 0 12 8 2 12 8 3 2080A 2031 12 7 1 12 7 5 13 3 7 2064 2020 2048 2044 2073 2071 2079 2083 2027 12 7 4 12 7 8 2031 2067 2050 2058 20252021 2088 2040 2077 2076 2063 2049 2057 2071 2077 207 207 207 13 4 9 2000 2049 2053 2067 2047 2048 2052 2063 2065 2069 2024 2028 2030 12 9 2 204412 9 3 12 7 9 12 7 7 12 7 1 12 7 6 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 7 0 2056 2035 20392043 2075 2068A 2080B 2068B -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/13/15 LOCATION MAP Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012 Site: 2058 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.287 0.668 Land Use Zoning PIN: 03-29-15-12060-006-0100 03-29-15-12060-006-0090 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/13/15 DUNEDIN AERIAL PHOTOGRAPH Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012 Site: 2058 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.287 0.668 Land Use Zoning PIN: 03-29-15-12060-006-0100 03-29-15-12060-006-0090 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST UNION ST BETTY LN BETTY LN THE MALL THE MALL IDLEWILD DR IDLEWILD DR PO I N S E T T A A V E PO I N S E T T A A V E LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST -N o t t o S c a l e - -N o t a S u r v e y - Rev. 04/13/15 EXISTING SURROUNDING USES MAP Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012 Site: 2058 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.287 0.668 Land Use Zoning PIN: 03-29-15-12060-006-0100 03-29-15-12060-006-0090 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60 60 60 60 60 60 60 87.7 15 87.7 12060 46998 ABC F G H K L ME 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 7 8 9 10 1 2 3 4 8 9 10 11 1 2 3 4 15 16 21222324 2 3 4 5 6 7 8 91011 14 15 16 17 18 19 20 212223 26 27 28 29 30 21 22 23 24 1 2 3 4 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 30 36 50 1 UNION ST BETTY LN IDLEWILD DR THE MALL PO I N S E T T A A V E LANTANA AVE ARBELIA ST PALM ST BERMUDA ST 13 0 1 13 4 5 13 4 1 2081 1333 13 2 5 12 7 3 13 1 1 2081 2021 2087 13 3 1 13 2 1 13 2 5 13 1 7 12 7 1 2080 20842070 2072 13 0 9 13 1 0 13 0 0 2026 2028 13 1 7 12 9 1 12 9 0 12 8 4 12 8 0 12 8 2 12 8 3 2080A 13 3 0 2031 12 7 1 12 7 5 13 3 7 2064 2020 2048 2044 2066 2073 2071 2079 2083 2027 12 7 4 12 7 8 2031 2067 2050 2058 20252021 2088 2040 13 2 2 2077 2076 2063 2049 2057 2071 2077 207 207 207 13 4 9 2000 2049 2053 2067 2047 2048 2052 2063 2065 2069 2024 2028 2030 12 9 2 204412 9 3 12 7 9 12 7 7 12 7 1 12 7 6 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 7 0 2056 2035 20392043 2075 2068A 2080B 2068B -N o t t o S c a l e - -N o t a S u r v e y - Rev.04/13/15 Multi-Family Residential Si n g l e F a m i l y R e s i d e n t i a l Single Family Residential Si n g l e F a m i l y R e s i d e n t i a l View looking west at the subject property, 2058 Poinsetta AvenueNorth of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2015-04012 Haney, J. Bruce and Shirley 2058 Poinsetta Avenue View looking northerly along Poinsetta AvenueView looking southerly along Poinsetta Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: TA2015-05002 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve an amendment to the Clearwater Community Development Code imposing a 12-month moratorium for the proposed Regional Center and Neighborhood Center subdistricts of the US 19 Corridor Zoning District and pass Ordinance 8730-15 on first reading. (TA2015-05002) SUMMARY: The US 19 Corridor within the City of Clearwater has transitioned over the last decade from an at-grade full access arterial to a grade separated limited-access highway. This change has substantially affected land use and urban form, as well as the viability of many businesses . The City of Clearwater has determined that U.S. 19 is of strategic economic importance to the City and Pinellas County. For that reason, the City has taken several steps to encourage reinvestment in this area. Plans to date include: ·Clearwater Comprehensive Plan amendments (2008): Set forth a Citywide Design Structure, including identification of corridors to redevelop (e.g., US 19) and Activity Centers (e.g., Countryside Mall and Clearwater Mall), as well as policies to improve the “livability” of Clearwater. ·Economic Development Strategic Plan (2011): Recommended an employment center overlay district to encourage higher-wage employment along the US 19 Corridor. ·Clearwater Greenprint (2011): Identified US 19 as an appropriate corridor for energy-efficient infill development and redevelopment, and encouraged the use of transit, walking and cycling for a greater percentage of overall travel. ·US 19 Corridor Redevelopment Plan (2012): Established the City’s vision for the Corridor as a series of revitalized, mixed-use centers served by enhanced transit, with high quality development and redevelopment between the Centers, and identified strategies are organized into four topic areas: Revitalization and Redevelopment, Competitiveness, Mobility and Connectivity, and Sustainability. Since late 2013, the City has been working to implement the US 19 Corridor Redevelopment Plan strategies. These include updates to the City’s Community Development Code. There are several tasks that must occur before this process can be completed: 1.Adoption of the updated Countywide Plan by the Countywide Planning Authority (July/August 2015). 2.Creation of new future land use plan categories and zoning districts in the Comprehensive Plan. 3.Adoption of new US 19 Corridor Zoning District standards. 4.Amendments to the City’s Future Land Use Map and Zoning Atlas. While the City awaits the adoption of the updated Countywide Plan, staff is engaging the Page 1 City of Clearwater Printed on 6/11/2015 File Number: TA2015-05002 public for feedback on the proposed US 19 District Standards. Staff will continue to meet with neighborhood groups and other stakeholders before final recommendations are made for City Council adoption. As expected, increased interest in development in the US 19 Corridor area is being seen as construction activity comes to a close. The City is also at a critical stage in this process . There is currently a risk that properties in key locations will redevelop in ways that are inconsistent with the City’s long term Strategic Economic Development Plan objectives. These are important areas where desired urban form should be considered in the context of long term objectives and is critical to future success. Based on these and other factors, it is recommended that a limited moratorium be established within the proposed Regional and Neighborhood Center sub-districts of the proposed U.S. 19 Corridor Zoning District so that the City can complete this process. This will afford opportunity in the short term to further refine the document based on public comment. The moratorium would limit comprehensive plan amendments, rezoning, development approvals, and various development orders. It is understood that the proposed stoppage must be short term, limited in focus to the greatest extent possible, and have clear focus on those areas which have been determined to be of the highest priority for the City’s strategic economic development objectives. In an attempt to make sure these aims are achieved, the following limitations are proposed: The moratorium would not apply to properties within the proposed Corridor subdistrict. While the moratorium is in place, the following will be allowed: 1.Building permits required for repair and/or maintenance of existing structures. 2.Building permits, which are necessary to rebuild existing structures that were destroyed as a result of “force majeure,” subject to the city’s land development regulations, so long as such permits are issued prior to second reading of the proposed amendment to the city’s Zoning Atlas implementing the proposed U.S. 19 Corridor Zoning District. 3.Building permits for development approvals that were submitted prior to May 11, 2015. 4.Development approvals for interior or exterior remodeling/renovation or changes in use consistent with the underlying zoning designation, so long as such proposed remodeling/renovation or change in use does not expand the footprint of the existing structure and/or its parking lot. 5.Development approvals for temporary uses pursuant to Article 3, Division 21, Community Development Code, or signage. It should be noted that the objectives for the US 19 Corridor District are to promote primary employment-intensive and transit-supportive development. It aims to create increased desirability for re-connecting adjoining communities to the new corridor environment. Therefore it must address issues pertaining to pedestrian safety and walkability. This is especially important at the new and limited major cross points along the corridor. When adopted, the standards will provide property owners and residents with much greater development potential, greater flexibility of a wider range of uses, greater predictability regarding the form of development, and reduced time and expense in the permitting process Page 2 City of Clearwater Printed on 6/11/2015 File Number: TA2015-05002 for developments consistent with the corridor plan. The Community Development Board (CDB) will review the proposed amendment at its regularly scheduled meeting on June 16, 2015. The Planning and Development Department will report the recommendations of the CDB at the City Council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 6/11/2015 Ordinance No. 8730-15 ORDINANCE NO. 8730-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR NEW DEVELOPMENT WITHIN THE REGIONAL CENTER AND NEIGHBORHOOD CENTER SUBDISTRICTS OF THE PROPOSED U.S. 19 CORRIDOR ZONING DISTRICT AS CONTEMPLATED BY THE U.S. 19 CORRIDOR REDEVELOPMENT PLAN AND ACTIVITY CENTER AND MULTIMODAL CORRIDOR BOUNDARY DESIGNATION OF THE PROPOSED COUNTYWIDE PLAN MAP; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR SEVERABILITY AND SUPERSEDING INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to Florida Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend land development regulations; and WHEREAS, the City of Clearwater Comprehensive Plan (“the Comprehensive Plan”), adopted December 8, 2008, established a Citywide Design Structure to serve as a guide to development and land use decisions while protecting those elements that make the city unique; and WHEREAS, the Citywide Design Structure identifies U.S. 19 as a corridor to redevelop; and WHEREAS, the Citywide Design Structure identifies the Clearwater Mall/Park Place area and the Countryside Mall/Westfield area as “Major Activity Centers” which are intended for high-intensity, high-density multi-use activities centers appropriate for intensive growth; and WHEREAS, the Comprehensive Plan identifies promotion of high quality design standards that support Clearwater’s image and contribute to its identity as an objective and calls for the development of special area plans and/or design guidelines for the Clearwater Mall area, Westfield Countryside Mall area, and other U.S. 19 areas, as appropriate; and WHEREAS, the U.S. 19 Corridor Redevelopment Plan (“the Corridor Plan”) was approved by Resolution No. 12-18 directing the City Manager to implement the strategies within; and WHEREAS, the Corridor Plan builds upon the Comprehensive Plan, the Economic Development Strategic Plan, and Clearwater Greenprint; and Ordinance No. 8730-15 [GM14-1420-170/166880/8] 2 of 5 WHEREAS, the Corridor Plan is consistent with the proposed new Countywide Plan for Pinellas County (“the Countywide Plan”), which is comprised of three components: the Countywide Plan Strategies, Countywide Rules, and Countywide Plan Map series; and WHEREAS, the proposed Countywide Plan is scheduled for adoption by the Board of County Commissioners, acting as the Countywide Planning Authority, on August 4, 2015; and WHEREAS, the U.S. 19 Corridor (“the Corridor”) is approaching a built-out condition and has continued transitioning into a limited-access highway with overpass interchanges; and WHEREAS, the Corridor’s transition to a limited-access highway has affected land use, urban form, and economic development opportunities for the properties along the Corridor, and it has impacted the mobility of residents, employees, Clearwater visitors, and Clearwater business customers making use of the properties along the Corridor; and WHEREAS, the planned redevelopment of the built environment of the Corridor according to the Corridor Plan is critical to maintaining and improving the city’s economy and quality of life; and WHEREAS, the revitalization and redevelopment strategies for the Corridor, pursuant to the Corridor Plan, include planning for land use intensification, applying new zoning regulations, adopting new design standards and encouraging employment-intensive and transit-supportive uses; and WHEREAS, in order to allow for proper planning and redevelopment along the Corridor at increased densities and intensities as envisioned within the Corridor Plan and allowed for in the proposed new Countywide Plan, the U.S. 19 Regional Center, Neighborhood Center and Corridor Area subdistricts of the proposed U.S. 19 Zoning Corridor District must be analyzed carefully and must comply with the urban design standards contained within the proposed Countywide Plan Strategies; and WHEREAS, the Corridor Plan includes further guidance regarding these new design standards to ensure individual projects along the Corridor contribute to the creation of more compact, accessible and attractive pedestrian- and transit-friendly destinations; and WHEREAS, the Clearwater City Council approved Resolution 15-02, which was amended by Resolution 15-12, requesting that the proposed Regional and Neighborhood Center subdistricts and the Corridor subdistrict be designated as Activity Centers and Multimodal Corridor respectively on the new Countywide Plan Map upon its adoption; and WHEREAS, this ordinance would not apply to the Corridor Area subdistrict of the proposed U.S. 19 Zoning Corridor District; and WHEREAS, a draft version of the proposed Development Standards for the proposed U.S. 19 Corridor Zoning District is currently available for public review and comment; and Ordinance No. 8730-15 [GM14-1420-170/166880/8] 3 of 5 WHEREAS, it is necessary to conduct further study in order to further develop appropriate standards for the proposed U.S. 19 Corridor Zoning District beyond those already mentioned in these recitals; and WHEREAS, it is therefore necessary to curtail new development during the time period required for Pinellas County to adopt the Countywide Plan, and for the City of Clearwater to study the above matters and for implementation of study results by means of appropriate amendments to the Clearwater Comprehensive Plan, Community Development Code, Future Land Use Map, and Zoning Atlas; and WHEREAS, such study and resulting implementation are expected to take up to and including July 16, 2015 through July 15, 2016 to process; and WHEREAS, it is necessary to impose a development moratorium upon only new development and/or redevelopment occurring within the Regional Center and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District, subject to the exceptions detailed further herein, in order that such study and resulting implementation may occur; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater, Florida hereby finds that a moratorium on certain development, including processing and issuance of certain approvals and permits, is necessary in order to protect the public health, safety, and welfare for a period during the pendency of the City’s planning study process and the adoption of appropriate amendments to the Clearwater Comprehensive Plan, Community Development Code, Future Land Use Map, and Zoning Atlas. Section 2. A moratorium is hereby imposed upon: The Regional Center and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District, as depicted in Exhibit A, as attached hereto, regarding the processing of all new comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits. The moratorium, however, will not apply to the following: a. Building permits required for repair and/or maintenance of existing structures. b. Building permits, which are necessary to rebuild existing structures that were destroyed as a result of “force majeure,” subject to the city’s land development regulations, so long as such permits are issued prior to second reading of the proposed amendment to the city’s Zoning Atlas implementing the proposed U.S. 19 Corridor Zoning District. c. Building permits for development approvals that were submitted prior to May 11, 2015. Ordinance No. 8730-15 [GM14-1420-170/166880/8] 4 of 5 d. Development approvals for interior or exterior remodeling/renovation or changes in use consistent with the underlying zoning designation, so long as such proposed remodeling/renovation or change in use does not expand the footprint of the existing structure and/or its parking lot. e. Development approvals for temporary uses pursuant to Article 3, Division 21, Community Development Code, or signage. Section 3. During the period of this moratorium the City shall not process or issue any new comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications, concerning such matters, except for in those specific instances listed in subsections a through e in the section above in the Regional Center and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District. Section 4. The moratorium established by this Ordinance shall commence on the effective date of this Ordinance and shall remain in effect through and including July 16, 2015 through July 15, 2016. Section 5. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 6. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 7. This ordinance shall take effect immediately upon adoption. [This space intentionally left blank. Signature page to follow.] Ordinance No. 8730-15 [GM14-1420-170/166880/8] 5 of 5 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 CURLEW RD EVANS RD ENTERPRISE R D CURLEW AVE CONGRESS AVE NORTHSIDE DR C O U N T R Y SI D E B L V D Exhibit A-1City of ClearwaterProposed US 19 CorridorZoning District:Regional Center,Neighborhood Center,and Corridor SubdistrictBoundaries Proposed US 19 Zoning District Regional Center Subdistrict Neighborhood Center Subdistrict Corridor SubdistrictPreservation Zoning District Outside Clearwater City Limits ±0 ¼½Mi. SR 590 SUNSET POINT RD FAIRWOOD A V E ENTERPRIS E R D OLD COACHMAN RD N E C O A C H M A N R D Exhibit A-2City of ClearwaterProposed US 19 CorridorZoning District:Regional Center,Neighborhood Center,and Corridor SubdistrictBoundaries Proposed US 19 Zoning District Regional Center Subdistrict Neighborhood Center Subdistrict Corridor SubdistrictPreservation Zoning District Outside Clearwater City Limits ±0 ¼½Mi. DREW ST SR 590 GULF TO BAY BLVD FAIRWO O D A V E OLD COACHMAN RD BELLEAIR RD DRUID RD NURSERY RD N E C O A C H M A N R D MCMULLEN BOOTH RD HARN BLVD Exhibit A-3City of ClearwaterProposed US 19 CorridorZoning District:Regional Center,Neighborhood Center,and Corridor SubdistrictBoundaries Proposed US 19 Zoning District Regional Center Subdistrict Neighborhood Center Subdistrict Corridor SubdistrictPreservation Zoning District Outside Clearwater City Limits ±0 ¼½Mi. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: June 16, 2015 AGENDA ITEM: F.3. CASE: TA2015-05002 ORDINANCE NO.: 8730-15 REQUEST: Review and recommendation to the City Council, of an amendment to the Community Development Code, imposing a 12-month moratorium for the proposed Regional Center and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The U.S. 19 Corridor within the City of Clearwater has transitioned over the last decade from an at-grade full access arterial to a grade separated limited-access highway. This change has substantially affected land use and urban form, as well as the viability of many businesses. The City of Clearwater has determined that U.S. 19 is of strategic economic importance to the City and Pinellas County. For that reason, the City has taken several steps to encourage reinvestment in this area. Plans to date include:  Clearwater Comprehensive Plan amendments (2008): Set forth a Citywide Design Structure, including identification of corridors to redevelop (e.g., U.S. 19) and Activity Centers (e.g., Countryside Mall and Clearwater Mall), as well as policies to improve the “livability” of Clearwater.  Economic Development Strategic Plan (2011): Recommended an employment center overlay district to encourage higher-wage employment along the U.S. 19 Corridor.  Clearwater Greenprint (2011): Identified U.S. 19 as an appropriate corridor for energy-efficient infill development and redevelopment, and encouraged the use of transit, walking and cycling for a greater percentage of overall travel.  U.S. 19 Corridor Redevelopment Plan (2012): Established the City’s vision for the Corridor as a series of revitalized, mixed-use centers served by enhanced transit, with high quality development and redevelopment between the Centers, and identified strategies are organized into four topic areas: Revitalization and Redevelopment, Competitiveness, Mobility and Connectivity, and Sustainability. Since late 2013, the City has been working to implement the U.S. 19 Corridor Redevelopment Plan strategies. These include updates to the City’s Community Development Code. There are several tasks that must occur before this process can be completed: 1. Adoption of the updated Countywide Plan by the Countywide Planning Authority (July/August 2015). 2. Creation of new future land use plan categories and zoning districts in the Comprehensive Plan. Community Development Board – June 16, 2015 TA2015-05002 – Page 2 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 3. Adoption of new U.S. 19 Corridor Zoning District standards. 4. Amendments to the City’s Future Land Use Map and Zoning Atlas. While the City awaits the adoption of the updated Countywide Plan, staff is engaging the public for feedback on the proposed U.S. 19 District Standards. Staff will continue to meet with neighborhood groups and other stakeholders before final recommendations are made for City Council adoption. As expected, increased interest in development in the U.S. 19 Corridor area is being seen as construction activity comes to a close. The City is also at a critical stage in this process. There is currently a risk that properties in key locations will redevelop in ways that are inconsistent with the City’s long term Economic Development Strategic Plan objectives. These are important areas where desired urban form should be considererd in the context of long term objectives and is critical to future success. Based on these and other factors, it is recommended that a limited moratorium be established within the proposed Regional and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District so that the City can complete this process. This will afford opportunity in the short term to further refine the document based on public comment. The moratorium would limit comprehensive plan amendments, rezoning, development approvals, and various development orders. It is understood that the proposed stoppage must be short term, limited in focus to the greatest extent possible, and have clear focus on those areas which have been determined to be of the highest priority for the City’s strategic economic development objectives. The moratorium would not apply to properties within the proposed Corridor subdistrict. While the moratorium is in place, the following will be allowed: 1. Building permits required for repair and/or maintenance of existing structures. 2. Building permits, which are necessary to rebuild existing structures that were destroyed as a result of “force majeure,” subject to the city’s land development regulations, so long as such permits are issued prior to second reading of the proposed amendment to the city’s Zoning Atlas implementing the proposed U.S. 19 Corridor Zoning District. 3. Building permits for development approvals that were submitted prior to May 11, 2015. 4. Development approvals for interior or exterior remodeling/renovation or changes in use consistent with the underlying zoning designation, so long as such proposed remodeling/renovation or change in use does not expand the footprint of the existing structure and/or its parking lot. 5. Development approvals for temporary uses pursuant to Article 3, Division 21, Community Development Code, or signage. The moratorium would, however, preclude the processing of all other comprehensive plan amendments, rezonings, development approvals, development orders, building permits and other related permits for those parcels within the proposed Regional Center and Neighborhood Center subdistricts of the proposed US 19 Corridor Zoning District. It should be noted that the objectives for the U.S. 19 Corridor District are to promote primary employment- intensive and transit-supportive development. It aims to create increased desirability for re-connecting Community Development Board – June 16, 2015 TA2015-05002 – Page 3 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION adjoining communities to the new corridor environment. Therefore it must address issues pertaining to pedestrian safety and walkability. This is especially important at the new and limited major cross points along the corridor. When adopted, the standards will provide property owners and residents with much greater development potiential, greater flexibility of a wider range of uses, greater predictability regarding the form of development, and reduced time and expense in the permitting process for developments consistent with the corridor plan. Following is further analysis and Ordinance No. 8730-15. ANALYSIS: To assist in the redevelopment of the U.S. 19 Corridor in a manner that promotes the public interest, it is necessary to balance development incentives (e.g., significant increase of allowed development potential, greater height, and broader mix of uses approvable at a staff level) with provisions of public benefits and amenities (e.g., prioritizing walkable environments through defined building placement, pedestrian walkways and improved connections). To achieve that balance, a 12-month (July 16, 2015 through July 15, 2016) moratorium is recommended within the proposed Regional Center and Neighborhood Center subdistricts of the US 19 Corridor Zoning District. The proposed moratorium would not apply to properties within the proposed Corridor subdistrict, which accounts for almost 28 percent of the land to be included in the U.S. 19 Corridor Zoning District. In addition to allowing owners to complete repair and maintenance on their properties, the proposed moratorium still allows property owners throughout the corridor to receive development approvals for the remodeling of interiors and façades of existing structures, as long as the changes do not include expansion of the structure and/or its parking lot. This will allow staff to approve changes in use consistent with the current zoning designation. Development approvals for temporary uses or signage would not be restricted during the proposed moratorium. Additionally, structures that may be destroyed as a result of force majeure could potentially be rebuilt under the current zoning regulations, as long as building permits are issued prior to the Zoning Atlas amendments (rezoning) becoming effective (second reading). Finally, any development approvals submitted prior to May 11, 2015, would be allowed to proceed through the complete process and receive building permits. The proposed moratorium will, however, preclude the processing of all other comprehensive plan amendments, rezonings, development approvals, development orders, building permits and other related permits for those parcels within the proposed Regional Center and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District. Since the approval of the Corridor Plan in December 2012, the City has seen increased interest in development along the corridor. This can be attributed to the improvement in the market, in particular for attached dwellings, as well as to the increased densities/intensities proposed within the Corridor Plan. Due to circumstances outside of the City’s control, the drafting of the updated Countywide Plan took longer than expected, and delays in scheduling the public hearings to adopt the Countywide Plan affected the City’s ability to allow for development at the proposed increased intensity, and also the City has not been able to require development to conform to the new form desired. Community Development Board – June 16, 2015 TA2015-05002 – Page 4 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION The Department has met with numerous property owners and representatives through the Building Plans Review Committee (BPRC) process, as well as individual meetings, to discuss the desired mix of uses and form of development within the Regional and Neighborhood Centers. Unfortunately, staff has also been asked many times when the new Code is anticipated for adoption so that they could submit new development proposals “under the old code.” This question has typically been asked by franchises for various automobile service stations, storage facilities, and restaurants with drive-through components. Although the proposed standards would allow each of these uses along the corridor, the change from an auto-oriented to pedestrian- oriented form of development is something these customers have typically wanted to avoid. Briefly, the standards within the U.S. 19 Corridor District are designed to accomplish the following:  Promote more employment-intensive and transit-supportive development  Establish walkable, mixed use destinations at major cross streets; and  Provide safe, attractive, and accessible settings for working, living, and shopping. The types of development, both approved, recently submitted, and discussed at BPRC, do not achieve these goals. For example, several properties within the Regional and Neighborhood Centers have redeveloped in ways inconsistent with the desired urban form of the proposed zoning district standards, and others have been approved for uses that are allowed through the existing Community Development Code standards but are not the types of uses the proposed zoning district targets for economic vitality in these Centers. Within the Clearwater Mall Area Regional Center, a new 426-unit attached dwelling complex is under construction, and a new drive-through restaurant and several other buildings have been constructed in a form which is inconsistent with the proposed zoning district standards (e.g., setback further from the street with parking in front or with drive-through facilities in locations other than the rear of the building). Similarly, within the Countryside Area Regional Center, an office building (constructed) and a retail plaza (proposed) contain drive-through facilities in locations which the zoning district standards would prohibit and parking is located within the front setbacks where the proposed standards limit parking to side and rear areas. The proposed retail plaza site is identified as a “key corner” because of its economic development potential and location along the corridor, where additional standards would apply. In addition to parcels that have received development orders and/or building permits, several conceptual projects have been presented to the members of the BPRC within both the Regional and Neighborhood Centers, including redevelopment of several large (10+ acre) properties. The Department has provided consistent guidance regarding the proposed changes. During the moratorium Staff will prepare amendments to the Comprehensive Plan which will establish new future land use categories for the U.S. 19 Regional Center, U.S. 19 Neighborhood Center, and U.S. 19 Corridor (to be applied to the “in-between” areas) and will create the new U.S. 19 Corridor Zoning District/Subdistricts in the Comprehensive Plan. Staff will also complete the proposed U.S. 19 Corridor Development Standards which would apply to properties within the subdistricts and present the standards to City Council for their approval. Lastly, staff would initiate Future Land Use Map and Zoning Atlas amendments to apply the new categories and subdistricts to the properties within the City along the U.S. 19 corridor. The Department will also initiate the public hearing process for the Comprehensive Plan amendments once the Countywide Plan is adopted by the CPA in August 2015. The complete process Community Development Board – June 16, 2015 TA2015-05002 – Page 5 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION should be completed in its entirety within the next 10 months, with the Future Land Use Map and Zoning Atlas amendments anticipated to be effective in mid-June, 2016, should there be no other delays. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be furthered by the proposed Code amendment: Goal A.5 The City of Clearwater shall identify and utilize a Citywide Design Structure comprised of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Objective A.5.1 Establish the Hierarchy of Places as shown on Map A-14 Policy A.5.1.1 Identify Activity Centers: high intensity, high-density multi-use areas designated as appropriate for intensive growth and routinely provide service to a significant number of citizens of more than one county. Activity centers are proximate and accessible to interstate or major arterial roadways, and are composed of multiple destination points, landmarks and neighborhood centers and character features. Objective A.5.2 Define linkages as shown on Map A-14. Policy A.5.2.7 Identify Redevelopment Corridors: those corridors or portions of corridors that need a character change or restoration to a better condition. Objective A.5.4 Use the Citywide design structure as a guide to support redevelopment of properties along important corridors, such as: Policy A.5.4.5 Gulf-to-Bay Boulevard east of U.S. Highway 19. Amendments to the Future Land Use Plan and Zoning Atlas may be considered to promote redevelopment and land assembly. Annexations and the installation of appropriate streetscape improvements should be encouraged. Policy A.5.4.9 Support the adoption and utilization of Future Land Use Plan categories made available by the Countywide Plan Rules that are consistent with and promote infill and desired redevelopment along corridors. Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Community Development Board – June 16, 2015 TA2015-05002 – Page 6 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Policy A.5.5.3 Explore the development of special area plans and/or design guidelines for Westfield Shoppingtown Countryside, Clearwater Mall, Hercules Industrial Area, Morton Plant Hospital Area and others, as appropriate. The above Goal, Objectives and Policies establishing the Citywide Design Structure, were included in the Comprehensive Plan when it was adopted December 8, 2008. The Design structure established a hierarchy of places, including major activity centers, destination points, multi-neighborhood and neighborhood shopping centers, landmarks, and neighborhood character features. The policies support the establishment of Activity Centers where higher intensity development should occur within the U.S. 19 Corridor area and indicate that the City should develop plans and design standards for these areas, which is achieved through the U.S. 19 Corridor Redevelopment Plan. Goal A.6 The City of Clearwater Shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. The above Goal, Objective and Policy indicate the City’s commitment to redevelopment that supports the economic development goals of the City. The City has invested in the U.S. 19 Corridor through several projects, including the U.S. 19 Corridor Redevelopment Plan and the proposed U.S. 19 Corridor Zoning District Development Standards which, if approved, will allow for a broader mix of uses including certain targeted employment uses along the corridor to be approved more expeditiously. Objective A.6.5 The City shall encourage improved land use compatibility through the evaluation of traffic calming techniques, multi-modal transportation networks, and the use of transit oriented development planning. Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Community Development Board – June 16, 2015 TA2015-05002 – Page 7 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Policy A.6.8.3 Where appropriate, development shall provide a sense of pedestrian scale on streets through minimal front setbacks, similar building heights, street trees and proportionality of building heights to street widths. Policy A.6.8.4 Use native plants in landscaped areas, use xeriscaping wherever possible and protect natural features of a developing site. Policy A.6.8.5 Provide easy access to residential, commercial and recreational areas by providing direct routes such as trails and continuous sidewalks between destinations, in order to minimize potential conflicts between pedestrians and motor vehicles. Policy A.6.8.6 Encourage the development of interconnected systems of natural areas, parks, sidewalks, greenways, trails and open spaces. Policy A.6.8.7 Create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including proposed TBARTA lines and stations. Policy A.6.8.8 Design and construct pedestrian-oriented streets to include continuous tree-lined sidewalks buffered from traffic by on-street parking and/or landscaping and that include pedestrian amenities such as benches, trash receptacles, bus shelters and lighting. Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and mass transit to increase transportation choices and decrease dependence on the single- occupancy automobile. The proposed Corridor Zoning District Development Standards implement the Objectives and Policies above in a comprehensive manner. The proposed moratorium will provide an opportunity for further refinement of the proposed standards, while precluding new development that would not necessarily be consistent with these Objectives and Policies. Policy A.4.1.2 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 1633194(4)(a), Florida Statutes. The proposed moratorium is for a specific timeframe of 12 months and does not permanently take away property rights. During the moratorium, development of parcels within the proposed Corridor subdistrict of the proposed U.S. 19 Zoning Corridor District can be processed. Community Development Board – June 16, 2015 TA2015-05002 – Page 8 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103.  It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). The imposition of a moratorium for 12 months provides the necessary time to further develop the standards for the proposed U.S. 19 Corridor Zoning District. The goals of the new zoning district are to enhance the character of this area and improve the quality of life for all residents and property of owners by ensuring quality design of the built environment along the U.S. 19 Corridor while protecting the surrounding residential neighborhoods.  It is the further purpose of this Development Code to protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city (Section 1-103.E.2., CDC). The proposed moratorium will enable the City to adopt land use regulations crafted to ensure projects within the proposed Regional and Neighborhood Center subdistricts fully leverage development rights to achieve full economic potential. These provisions will assist in the orderly and beneficial development of land within this area. Adequately balancing incentives and opportunities for redevelopment with the provision of public benefits and amenities will lead to economic stability within the area.  It is the further purpose of this Development Code to provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement (Section 1-103.E.4., CDC). The transition of U.S. 19 from a roadway providing land access into a limited-access highway with overpass interchanges has negatively affected the land use, urban form, and mobility of residents, employees, customers and visitors. Traffic moves significantly faster, even along the frontage roads which are posted for slower speeds. The proposed moratorium will enable the City to refine the proposed standards which ensure individual projects along the corridor contribute to the creation of more compact, accessible and attractive pedestrian- and transit-friendly destinations.  It is the further purpose of this Development Code to establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city (Section 1-103.E.8., CDC).  It is the further purpose of this Development Code to establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized (Section 1-103.E.9., CDC). Community Development Board – June 16, 2015 TA2015-05002 – Page 9 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION  It is the further purpose of this Development Code to establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses (Section 1-103.E.10., CDC).  It is the further purpose of this Development Code to enumerate density, area, width, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics (Section 1-103.E.11., CDC).  It is the further purpose of this Development Code to coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city (Section 1-103.E.12., CDC). The proposed moratorium will enable the City to adopt the proposed U.S. 19 Corridor Zoning District and subdistricts, which will ultimately encourage a broad mix of uses throughout the corridor, while targeting the establishment of certain desired uses within the proposed Regional and Neighborhood Center subdistricts. The proposed new zoning district standards would allow significantly higher intensity of development. In order to offset the increased level of development and to protect the surrounding residential districts, these new standards will require placement of buildings within the Regional and Neighborhood Center subdistricts within specific setback ranges, and in some areas will require parking to be to the side or rear of buildings, as consistent with an urban center. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code for the reasons cited above. The Planning and Development Department recommends APPROVAL of Ordinance No. 8730-15 that imposes a moratorium within the proposed Regional and Neighborhood Center subdistricts of the proposed Corridor Plan for a period of no more than 12 months (July 16, 2015 through July 15, 2016). Prepared by Planning and Development Department Staff: Lauren Matzke, AICP, Long Range Planning Manager ATTACHMENTS: Ordinance No. 8730-15 6i sn 2uoid luawdolanapab a2eanopu3 01 1.3m.sia Aelaanp o 61 sn) suoRepol DpalealS ul luauaAoldw3 aSeM- aatAH svoddns o TTOZ 'paa — ueld 3PalealS ;uawdolanaa Diwouo33 • siopiaaoj l8 sialua3 Awmpd Li! luaLudolanaa mu! luauDill3- A2Jau3 a03 san!IuaDui svoddns o aui1i8 18 2upneM svoddns o TTOZ 'Daa — lupduaaJ9 aai.ennaea10 800Z — sapHod Ammen f sialua3 S4inipd'8 saop!LIOD luauadolanapaH 2uigmgei.s3 aan na s u2!saa ap!MAi!D pa3dopd — ueid anisuagaJdwo3 aalennaea10 • 61 Sfl ao j UOISIA d 2uqsjqes3 ueld 61 Sfl 4!M luaisisuop sai ;isualui/samsuad aay2iH svoddns ueid nnaN 0 saopiaaoD I• value.) Itiinpd a03 sai ;isuaa sai ;isua ;ui aaleaaD snnolid o STOZ aawwns— A uno sellauid aoj ueid apinnA;unop nnaN • saaIuaD uaannlas TuauadoianapaH vg wauadolanaa /tifienO o iisueu A9 panaas sialua3 ash -paxiw paz!IeiinaH Jo uoisin o ZTOZ 'Daa — ueid luauadolanapaH JOPWOD 61 Sfl • woD) 61 Sfl •oj uoisin y 2uqs,qes3 suogeDo3 A9 -aniaa jo pealsui suopeuRsaa o1- anu.ia salea.0 luauadolanapaH aansu3 o ueid luauadolanaa NwouoD3 D!2aIea4S As pavoddnS samsualui vg sash ..103 suogeDo3 D!2ai.ea4S an.iasaid 01 ieDn! D o suo!s!noJd Pm.sia 2u!UOZ 61 Sfl azneui3 01 auai1 AilunWWoD 2 IeiS apinoad o a0p1aa0) uaaolsueal of sai4iunvoddp Iso j luasaad sialua3 Alinipd poogJogg2iaN 2 leuoi2aH o zpapaaN uanuoleio j pa4iu n sl Aq • JOPWOD 61 sn sum lsaialui luawdolanaa pannauati 2upuaiaadx3 Alluaaanj • uo!sin pags!Igels3 luawaidwi 01 aopiaaoD Suold spiai.sia in 2ups!x3 aDeidaH 01 Piai.sia 2uiuoZ nnaN 2uiaedaid loess • STOZ u Am 01 ao!ad pamWgns slenoiddd luauadolanaa .ioj sl!wiad o saDue1swnDJ) algeaasaaojun lO linsam sv pa/Aoalsaa saanpnais Sugs!x3 pI!ngaJ 01 sl!ua.iad o s2u!pI!n8 2u!1s!x3 u!el.u!ew 2 a!edaH 01 swwJad o a2eU2!s aO sasn A ieiodwal • papuedx3 ION sl lu!ad1oo3 401 Supped 2 2u!pI!ne II asn JO sa2ueq ao 2u!IapouaaJ Jo!aa4x3 /ao!aa3ul • ao3 slenoiddd 4uauadolanaa o sp!.i4slpgns Jop!aaoD pasodoid u!1l4!M sa!4 iadoid o 01 Alddd ION II!M saaIua0 pooyaoggpaN ?• IeuopaH ul uo!4ana4suop nnaN 01 sa!Iddd A1NO 9TOZ 'clad) sinuoW L 01 ZZ LUOJJ papnpati a8 ue) awe.ijaw!1 pau!uaaa4aa aneH uoRepHddd 2 auaeajauail uaniaoleaow Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1375 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Community Development Code modifying the means of conveyance for public notice on development applications; and pass Ordinance 8746-15 on first reading. (TA2015-05003) SUMMARY: The proposed Ordinance amends some aspects as to how public notice is conveyed for Level One, Two and Three applications. Notice for Level One, Flexible Standard Development, applications shall continue to be done by mail only. Notice for Level Two, Flexible Development, applications would be provided by mail and by posting a sign on-site (new), with advertisement in the newspaper no longer required. Notice for Level Three applications would also continue to be by publication of notice in the newspaper, by mail, and by posting a sign on-site. The Planning and Development Department has determined that the proposed text amendment to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The CDB will review the proposed text amendment at its meeting of June 16, 2015; the recommendation of the Board will be provided to City Council at its meeting on June 18, 2015. Page 1 City of Clearwater Printed on 6/11/2015 1 ORDINANCE NO. 8746-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE REQUIREMENTS FOR LEVEL ONE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE REQUIREMENTS FOR LEVEL TWO AND THREE APPLICATIONS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-202, Applications for Development Approval, Community Development Code be amended to read as follows: * * * * * * * * * * C. Determination of completeness. 1. Determination of completeness. Within seven working days after the published application deadline, the community development coordinator shall determine whether an application is complete. * * * * * * * * * * b. Notice to abutting property owners. When the community development coordinator has accepted an application for level one approval (flexible standard development) for filing, he shall immediately notify the owners of the property within 200 feet of the property, excluding any water bodies within that distance, which is the subject of the application and any affected neighborhood association and any citywide neighborhood association in writing that an application has been filed, the nature of the approval requested and the procedure for consideration of the application, as well as the right of the owner to appeal a decision. b. Notice to abutting property owners. After the community development coordinator has accepted a Level One (flexible standard development) application for filing, he shall mail notice of the application to each owner of record of any land within a 200-foot radius of the perimeter boundaries of the subject property. Notice shall also be mailed to any affected 2 registered local neighborhood association and to any citywide neighborhood association. Notice shall be provided no less than ten days prior to the review of the application before the Development Review Committee (determination of sufficiency). All notices shall include a summary of the proposal under consideration, the procedure for consideration of the application, the address of the subject property, and contact information for both the applicant and the City. * * * * * * * * * * Section 2. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-206, Notices and Public Hearings, Community Development Code be amended to read as follows: * * * * * * * * * * C. Notice of hearings. The city clerk is shall be responsible for providing notices for all required public hearings:. 1. All notices of public hearings shall include: a. The date, time and place of the hearing. b. A summary of the proposal under consideration. c. The address of the property and a locational map graphically portraying the location of the property (if applicable required by Florida Statute). d. A contact in the city and telephone number in order to obtain further information. 2. All notices of public hearings shall be provided: a. By publication of a copy of the notice in one or more newspapers with general circulation in the City of Clearwater. b. By sending a copy of the notice by mail to each owner of record, if different from the applicant, of any land on which development is proposed. c. For Level Two approvals, by sending a copy of the notice by mail to each owner of record of any land within 200 feet of the parcel proposed for development, excluding any water body. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. d. For Level Three approvals, by sending a copy of the notice by mail to each owner of record of any land within 200 feet of the property on which development is proposed, excluding any water body. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. If more than 30 owners of property are involved, unless otherwise directed by the city commission, in lieu of mailing such notice, the clerk may publish the notice at least twice in a newspaper of general circulation. e. By posting a sign for Level Three approvals only, at least six square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. 3 a. For Level Two approvals: 1. By sending a copy of the notice by mail to each owner of record of any land within a 200-foot radius of the perimeter boundaries of the subject property. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. Notice shall be provided no less than ten days prior to the review of the application before the Community Development Board. 2. By posting a sign at least three square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. The sign shall include the case number, property address, hearing dates and a contact phone number. b. For Level Three approvals: 1. By publication of a copy of the notice in one or more newspapers with general circulation in the City of Clearwater. 2. By sending a copy of the notice by mail to each owner of record of any land within a 200-foot radius of the perimeter boundaries of the subject property. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. Notice shall be provided no less than ten days prior to the review of the application before the City Council. If more than 30 owners of property are involved, unless otherwise directed by the City Council, in-lieu of mailing such notice, the clerk may publish the notice at least twice in a newspaper of general circulation in the city of Clearwater. 3. By posting a sign at least three square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. However, if a single application includes more than 25 contiguous parcels and is greater than 10 acres, then no sign shall be required to be posted. 4. By certified mail to the property owner for the voluntary annexation of a noncontiguous property in an enclave as defined in Section 171.031(13)(a), Florida Statutes, within the city’s service area. The certified mailing shall be sent prior to each reading of the ordinance. * * * * * * * * * * Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. 4 Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. 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 Soto Rosemarie Call Assistant City Attorney City Clerk COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: June 16, 2015 AGENDA ITEM: F. 2. CASE: TA2015-05003 ORDINANCE NO.: 8746-15 REQUEST: Review and recommendation to the City Council, of an amendment to the Community Development Code. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Planning and Development Department has regularly reviewed the Code as it applies to certain proposed development. Staff has provided input toward improving the Code based on how staff has experienced the Code’s application toward various circumstances. ANALYSIS: Proposed Ordinance No. 8746-15 amends some aspects as to how public notice is conveyed for Level One, Two and Three applications. Notice for Level One, Flexible Standard Development applications shall continue to be done by mail only. Notice for Level Two, Flexible Development applications would be provided by mail and by posting a sign on-site (new) with advertisement in the newspaper no longer required. This change will result in reduced cost to the public in the provision of public notice, and will allow staff additional time to prepare case descriptions for notices (reducing potential for errors) as the notice timelines will no longer be constrained by newspaper deadlines. Notice for Level Three applications would also continue to be by publication of notice in the newspaper, by mail, and by posting a sign on-site. The only change concerning Level Three applications is an exemption to posting a sign on-site when the application involves 25 contiguous parcels and is greater than ten acres. This exemption is proposed to eliminate what would potentially be an expensive requirement to the public, as well as the elimination of substantial amount of visual clutter that would result from the posting. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan did not find any Goals, Objectives or Policies that would be applicable to the provision of public notice. While the proposed amendments will not further any specific Goal, Objective or Policy, the proposed amendment will not be detrimental to the Comprehensive Plan. Community Development Board – June 16, 2015 TA2015-05003 – Page 2 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further Section 1-103.A., CDC, by improving the rules of procedure for land development approvals through improvements to public notice requirements.  It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is not inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and will further the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8746-15 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENTS: Ordinance No. 8746-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1385 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Auditor Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Appoint a five-member City Audit Committee, comprising a Councilmember, a Citizen, and three City Staff, for a five-year term expiring June 12, 2020, pursuant to Section 218.391 Florida Statutes. SUMMARY: Per Council Policy adopted December 3, 2009, the Council appoints a five member Audit committee for selection of the City’s external financial auditors via a competitive Request for Proposals (RFP) process every five years and for management of the external audit process as appropriate. The current agreement with the City’s external auditors expired with the recently completed fiscal year 2014 audit. Appointment of an audit committee is needed at this time to begin the RFP process for the next five year term, fiscal years 2015 to 2019. Councilmember Bill Jonson and Herbert McLachlan, a Clearwater citizen, have agreed to serve on the committee. The three City staff members recommended for appointment include: Martin Moran, Administrative Support Manager, Fire; Mary Beth Setter, Accounting Manager, Finance; and Robin Gomez, City Internal Auditor. Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1381 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a contract (blanket purchase order) to HD Supply, of Tampa, FL in the annual amount of $250,000, for the purchase of MRO Supplies and Related Services as needed, for a one-year period, with two annual renewal terms, and authorize the appropriate officials to execute same. (consent) SUMMARY: HD Supply located in Tampa, Florida carries numerous parts and materials relating to the Utility industry including but not limited to: pipe, valves, fittings, tools and equipment that are used in the daily operations of the Water Distribution and Wastewater Collections systems. This blanket purchase order (BPO) replaces existing BPO BR510445. The HD Supply contract is available via piggyback through U.S. Communities, bid by Maricopa County, Arizona, and authorized for use by City Code Section 2.564, Exceptions to Bid and Quotation Procedures, (d) authorizing use of contracts previously awarded by other governmental agencies. The multi-agency aggregate volume on this contract affords the City competitive pricing that the City would not be able to obtain through a bid on its own. HD Supply's contract 11019 is effective through July 31, 2018. The contract provides for maintenance, repair and operating (MRO) supplies and related services available from HD Supply. Staff requests authorization to utilize the contract for three annual periods on a BPO. APPROPRIATION CODE AND AMOUNT: Funds are available in 0421-02051-550400-533-000-0000, Water Distribution (operating supplies) to fund this contract. Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1382 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve two contract (blanket purchase order) renewal terms to NALCO Chemicals, Inc., of Naperville, IL, in the annual amount of $150,000, for Antiscalant, and authorize the appropriate officials to execute same. (consent) SUMMARY: During the first year of this blanket purchase order (BPO), Antiscalant was used only at the Reverse Osmosis (RO) 1 water treatment plant. The use of Antiscalant has grown due to Membranes now being used at both reverse osmosis water treatment plants. The Antiscalant is necessary to protect the RO membranes from fouling and clogging when treating raw water, in order to produce drinking water. Antiscalant was bid in May 2014. Six responses were received. NALCO was the lowest, responsible bidder based on dosage rates (1.2 ppm) at the bid price per pound ($1.40), while also meeting the majority of the bid specifications, with a price that was held firm for one year. The August 2015 renewal price is $1.42 per pound, and will be held firm for one year. The August 2016 renewal price will be negotiated and held firm for the third year of the contract. APPROPRIATION CODE AND AMOUNT: Funds for this contract are available in the Water and Sewer Utility Fund, Water Production operating cost code 0421-02053-551000-533-000-0000. Page 1 City of Clearwater Printed on 6/11/2015 NALCO –AN ECOLAB COMPANY 875 CONCOURSE PKWY S, SUITE150 MAITLAND,FL 32751 June 1, 2015 Glenn Daniel City of Clearwater Public Utilities Subject: Extension for RO Antiscalant Dear Mr. Daniel, Nalco agrees to extend the current contract pricing for the RO Antiscalant from 8/1/2015 to 7/31/2016. The product pricing will remain unchanged and is as follows: PRODUCT PRICE PERMATREAT PC-191T.61 $1.42 PER POUND All other terms and conditions are to remain the same. Thank you very much for this opportunity to be of service to you,and we look forward to our continued partnership in helping to provide the City of Clearwater with clean drinking water. If you have any questions, please do not hesitate to contact me. Thank you! Chris Nowicki Nalco –An Ecolab Company District Representative (813) 295-9167 cnowicki@nalco.com Interoffice Correspondence Sheet To:Glenn Daniel, Water, Reclaimed and WW Collections Manager From:Greg Turman, Water Production Coordinator CC:Tracy Mercer, Public Utilities Director Date:July 23, 2014 RE:Antiscalant for RO Plant #1 On 5/30/2014I solicited bids from six vendors to supply antiscalant for RO Plant #1. On July 18th I received responses from all six vendors. I evaluated the responses to the RFQ using two matrixes: Cost and Bid Specs Met. Attached are the rankings. NALCO is the low bid based on dosage rates at the stated price per poundwhile also meeting the majority of the bid specifications. (King Lee was the low bid, but addressed only 4 of the 15 bid specifications and none of the warranty terms.) NALCO responded affirmatively to 12 of the 15 bid specifications, agreeing to provide shipping and handling safety procedures and a Certificate of Analysis with the first shipment. NALCO also agrees to perform toxicity testing of the product bid. Failure to provide these items would be grounds for termination of the contract. NALCO’s responsealso affirmatively addressesall three warranty items. It is my recommendation that the City award NALCO with the contract to provide antiscalant to the City of Clearwater for RO Plant #1. King Lee $15,420.63 NALCO $16,262.80 GE $17,501.87 HARN $21,102.92 Harcros $21,780.54 AWC $26,354.45 AWC +14 and warranty addressed NALCO +12 and warranty addressed HARN +10 No warranty addressed GE +10, one of three warranty items addressed Harcros +9 no warranty addressed King Lee +4 no warranty addressed Bid Response Evaluation By Price Low to High By Specs Met Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1402 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount of $220,000 for purchasing replacement automotive and truck parts used by all city departments during the contract period June 18, 2015 through May 31, 2016, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Hillsborough County Public Schools ITB 13136-DST and authorize the appropriate officials to execute same. (consent) SUMMARY: This blanket purchase order will be used to purchase automotive parts for all city vehicles. The bid was issued for replacement parts for trucks, buses, and vehicles (new and rebuilt) and is a part of the Hillsborough County Public Schools ITB 13136-DST. APPROPRIATION CODE AND AMOUNT: 566-06611-550600-519-000 $220,000 Budgeted in operating expenses in Fiscal Year 14 and Fiscal Year 15 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/11/2015 BUSINESS DIVISION INVITATION TO BID (ITB) December 6, 2013 ITB Number and Title: 13136-DST: Parts for Trucks, Buses, and Vehicles (New & Rebuilt) ITB Due Date/Time: 1/7/2014 3:00 PM Pre-Bid/Clarification Meeting: If box is checked, a Non-Mandatory Pre-Proposal Conference will be held on December 13, 2013 at 9:30AM in the Secondary Education Conference Room #418, 4th Floor of the School Administration Center (ROSSAC), 901 E. Kennedy Blvd., Tampa, FL 33601 to discuss objectives and answer questions relating to this ITB. While attendance at the Pre-Proposal Conference is not mandatory, information presented may be very informative; therefore, all potential Vendors are encouraged to attend this conference. Be advised, the issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. All Addenda will be posted and disseminated through the bid solicitation website Vendorbid.net. To become a registered vendor and receive automatic notifications of any current bid solicitation for Hillsborough County Public Schools, you must register online with the automated “Vendorbid” system. Sign on and register@ https://www.vendorbid.net/hillsborough/index.asp?cookies=True). There is no fee for this service. Be advised prior to submitting a Bid, it shall be the sole responsibility of each Vendor to review this solicitation on VendorBid.net to determine if any addenda were issued and, if so, to download such addenda from VendorBid.net for attachment to the Bid. Inquiries To: Kimberlyn Murray, CPPB, Procurement Officer Email: kimberlyn.murray@sdhc.k12.fl.us Cut Label Here ITB # and Title: 13136-DST: Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Bid Delivery Location: Kimberlyn Murray, Procurement Officer Hillsborough County Public Schools Procurement 901 E. Kennedy Boulevard, Third Floor Tampa, Florida 33602 ITB Due Date/Time: 1/7/2014 3:00 PM Time Sensitive Materials School Board Carol W. Kurdell, Chair Susan L. Valdes, Vice Chair Doretha W. Edgecomb April Griffin Candy Olson Cindy Stuart Stacy R. White, Pharm.D. Superintendent of Schools MaryEllen Elia Deputy Superintendent Jeff Eakins Daniel J. Valdez Chief Business Officer Gretchen Saunders General Manager of Procurement Jean R. Bowman ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 2 TABLE OF CONTENTS 1 GENERAL TERMS AND CONDITIONS ..................................................................................................................................... 5 2 SPECIAL TERMS .......................................................................................................................................................................... 10 3 SPECIAL PROVISIONS ............................................................................................................................................................... 12 4 GENERAL REQUIREMENTS ..................................................................................................................................................... 19 5 NO BID STATEMENT .................................................................................................................................................................. 21 6 CONTACT INFORMATION AND CERTIFICATION ............................................................................................................. 22 7 DEBARMENT CERTIFICATE .................................................................................................................................................... 23 8 ADDENDUM FORM ..................................................................................................................................................................... 24 9 PUBLIC ENTITY CRIMES .......................................................................................................................................................... 24 10 DISPUTE RESOLUTION CLAUSE ............................................................................................................................................ 24 11 DRUG-FREE WORKPLACE CERTIFICATION ...................................................................................................................... 25 12 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS....................................................................................... 26 13 REQUIRED SUBMITTALS CHECKLIST ................................................................................................................................. 27 14 BID RESPONSE FORM ................................................................................................................................................................ 28 15 REFERENCES: ............................................................................................................................................................................. 30 ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 3 Subject to the conditions, provisions and the enclosed specifications, sealed bids will be accepted at this office until the stated date and time. No consideration of award will be made at the bid opening. In order to conduct new business under this bid, HCPS requires that all vendors have a current Vendorbid.net application on file. If you are not registered as a vendor, you may access the website through this link: (https://www.vendorbid.net/hillsborough/index.asp?cookies=True) and complete the on-line Vendor Application. Failure to comply with this condition may cause the vendor not to be awarded any new business. Bids received after the stated date and time, whether presented in person, received by the U.S. Mail, or by any other delivery method, will not be accepted. Questions regarding the specifics of this bid should be submitted through the Vendorbid.net website. Hillsborough County Public Schools reserves the right to retain all bids for a period of forty-five (45) days and to reject any and all bids and to waive any informalities and/or irregularities thereof. Purchases by State Contract and Other Public Agencies: A. Pricing shall remain firm throughout the bid period. If your company has a current contract with the State of Florida, Department of Management Services, to supply items offered in this bid, the vendor shall quote not more than that contract price. Failure to comply with this request will result in disqualification. B. During the term of the contract, the services provided there under shall be available pursuant to chapter 69-1119, laws of Florida, to all Hillsborough County Public Entities under the same contract terms, conditions, and compensation schedule set forth herein. C. With the consent and agreement of the awarded vendor(s), purchases may be made under this bid by other governmental agencies within the state of Florida. The same terms and conditions as stated herein shall govern such purchases. The term of the contract is as stated in Section 3, pending Hillsborough County School Board approval. Any inquiries concerning interpretation, clarification or additional information pertaining to this Invitation to Bid must be made in writing and received by the Procurement Department no later than the date stated in Section 3 of this document. Sealed bids will be received by Hillsborough County Public Schools (hereby known as the “District” or “HCPS”) in the office of the General Manager of Procurement, 3rd floor, Raymond O. Shelton School Administration Center (ROSSAC), at the below-referenced address and time. Notice To All Vendors: The ROSSAC building is considered “controlled access” and all visitors will be required to present a picture ID in order to obtain a visitor’s pass to be admitted into the building. Please note that receipt of bids means DELIVERED AND DATE STAMPED RECEIVED IN THE PROCUREMENT OFFICE. Bids delivered to the building but not delivered to the Procurement Office and date stamped as received will not be considered as received for the purpose of this bid process. Bids must be delivered in a SEALED envelope, clearly marked on the outside, as to: bid name, bid number and opening date, below. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 4 All items are to be bid FOB Destination, with all transportation charges prepaid and included in the bid prices, and title transferring to HCPS at the time of delivery. Any exceptions to these freight terms taken by the vendor must be clearly stated in the vendor’s bid response form. The Procurement Department will evaluate any such exceptions and determine if the exception constitutes grounds for rejection of the vendor’s response. Vendors are cautioned to provide all descriptions and prices in a legible manner so that there will be no doubt as to the intent and scope of the bid. No oral, telegraphic (fax/scanner) or telephone responses or modifications will be accepted. STATUTES PERTAINING TO THIS SOLICITATION Protests: Any protest concerning bid specifications, a decision or intended decision pursuant to this solicitation shall be made in accordance with §120.57(3) Florida Statute and School Board Policy chapter 6320 (Bid Protest). Questions to the Procurement Department, Board member, or any HCPS employee shall not constitute formal notice of a protest. Board recommendations and tabulations for this bid will be posted and disseminated by VendorBid.net (https://www.vendorbid.net/hillsborough/index.asp?cookies=True). It shall be the sole responsibility of each bidder to review this solicitation on VendorBid.net. Failure to file a protest within the time prescribed in §120.57(3) b, Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Public Entity Crimes: Per the provisions of Florida Statute 287.133 (2) (a), “a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a vendor, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for category two for a period of 36 months from the date of being placed on the convicted vendor list.” The prospective vendor certifies, by submission and signature of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction per the provisions of Florida Statute 287.133 (2) (a). Federal Debarment Certification: The prospective vendor certifies, by submission and signature of this bid, that the vendor complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility and voluntary exclusion. As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, part 85, as defined at the 34 CFR part 85, sections 85.105 and 85.110-(ed80-0013). A copy of Form AD-1048 (1/92) is included as a part of these bid documents. Section 3017.510 of 7 CFR Part 3017 the submission of the completed Form: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions, for all programs. No vendor shall be allowed to participate in any procurement activity if any federal department or agency has debarred, suspended, or otherwise excluded that vendor from participation in a procurement activity. This form should be completed, signed and submitted with the bid in order for the submitted bid to be considered. Every time a bid is submitted, a new form is required. Any bid that does not include this required Form will not be evaluated and will not be considered for award. A signature is required on Both the Form AND the Vendor Acknowledgement page. A signature on one document cannot be substituted for the signature required on the other documents. Fair Labor Standards Act – “Hot Goods”: The vendor’s signature on the bid certifies that these goods are or will be produced in compliance with all applicable requirements of sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 5 1 GENERAL TERMS AND CONDITIONS Bids must be submitted on the forms provided and in accordance with the provisions on the face of the bid form and the following stipulations, which are hereby made a part thereof: 1.1 HCPS will receive sealed bids until date and time indicated on bid cover. Bids must be delivered to the procurement office at the stated address and will be opened at the stated time. Bids must be delivered in a sealed envelope, clearly marked on the outside, as to: bid name, bid number and opening date. Bids received in unidentifiable envelopes are sent at the vendor’s risk. To assure that bids are received prior to opening, vendors may wish to use special delivery mail or deliver by hand. Bids received after the date and time of the bid opening will be date stamped, received and returned to the vendor. It will be the vendors' responsibility to get the bid to the correct location and on time. Please note that the official clock, for the purpose of receiving bids, is located in the procurement office. 1.2 All participating vendors, by their signature, shall agree to comply with all of the conditions, requirements and instructions of this bid as stated or implied herein. This is an agreement that the named vendor shall sell to HCPS during the contract period, the goods, wares, merchandise, or services at the unit prices indicated, based upon subsequent documents issued by the Procurement Department. 1.3 Each vendor shall examine all requests for bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, disputes, or requests concerning interpretation, clarification or additional information pertaining to the Invitation for Bid or award must be made in writing and received by the Procurement Department no later than the date stated in Section 3 of this document. HCPS shall not be responsible for oral interpretations given by a HCPS employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. All Addenda will be posted and disseminated through the bid solicitation website vendorbid.net (https://www.vendorbid.net/hillsborough/index.asp?cookie s=True). However, prior to submitting a Bid, it shall be the sole responsibility of each Vendor to review this solicitation on VendorBid.net to determine if addenda were issued and, if so, to download such addenda from VendorBid.net for attachment to the Bid. 1.4 HCPS reserves the right to also make purchases of items on this bid from a Florida State Bid contract/agreement or a cooperative educational purchasing council bid during the term of this bid. 1.5 HCPS shall be the sole judge as to the acceptability of any and all bids and the terms and conditions thereof, without qualifications or explanation to vendors. In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of HCPS shall be final and binding on both parties. 1.6 HCPS reserves the right, prior to award of any contract or bid, to inspect the prospective vendor's facility and place of business to determine that the vendor has a regular, bona fide established business that is presently a going concern and is likely to continue as such. 1.7 After notification of award, the awarded vendor(s) shall indemnify and hold harmless HCPS as specified in Florida Statute Section 725.06. This indemnifies HCPS, its agents and employees, from and against all claims, suits, actions, damages or causes of action arising during the term of the resulting agreement for any bodily injury, personal injury, loss of life or damage to property sustained by reasons or as a result of the performance of the services or delivery of goods for which the resulting agreement was entered into. These persons are also indemnified from and against any orders, judgments, or decrees which may be entered thereto, and from and against all costs, attorney’s fees, expenses and liabilities incurred in or by reasons of the defense of any such claim, suit or action, and the investigation thereof. Nothing in the award, resulting agreement, and contract or purchase order shall be deemed to affect the rights, privileges and immunities of HCPS as set forth in Florida statute. 1.8 Federal, State, County, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the vendor will in no way be a cause for relief from responsibility. The vendor shall have in their possession all applicable insurance, permits, licenses, etc. that may be required by Federal, State, or County law to furnish services under the scope of this contract. The awarded vendor(s) must not be in violation of any zoning or other ordinances in the performance during the life of this contract. 1.9 All information submitted in response to this request shall be subject to compliance with Florida Statute Chapter 119.07 Public Records and 812.081 Trade Secrets. All information submitted as "trade secret" information should be submitted in a separate envelope and so indicated. If challenged, the Vendor who submits the "trade secret" information will bear all costs associated with defending their position. 1.10 During the term of this bid the vendor shall indemnify, hold harmless, and defend Hillsborough County Public Schools, its agents and employees from any and all costs and expenses, including but not limited to, attorney’s fees, ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 6 reasonable investigative and discovery costs, court costs and all other sums which HCPS, its agents or employees may pay or become obligated to pay on account of any actions founded, thereon, arising or alleged to have arisen out of the products, goods or services furnished by the vendor, his agents or employees, or any of his equipment when such persons or equipment are on premises owned or controlled by HCPS for the purpose of performing services. 1.11 Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the District Court in and for Hillsborough County, State of Florida. The laws of the State of Florida shall govern this transaction. The vendor or vendor agrees that any and all notices, pleadings and processes may be made by serving two copies of the same upon the Secretary of State, State Capitol, Tallahassee, Florida, and by mailing by return mail, an additional copy of the same to the vendor or vendor at the address shown herein; that said service shall be considered as valid personal service, and judgment may be taken if, within the time prescribed by Florida law or rules of civil procedure, appearance, pleading, an answer is not made. 1.12 Purchases made under this bid are exempt from all Federal excise and State sales tax. 1.13 No Bids shall be accepted from, or purchase order issued to any person, firm or corporation that is in arrears for any obligations to HCPS or that otherwise may be deemed irresponsible or unreliable by the General Manager, Procurement. 1.14 This bid and the purchase orders issued hereunder constitute the entire agreement between HCPS and the vendor awarded the bid. No modification of this bid shall be binding on HCPS or the vendor. 1.15 Tabulation of this bid will be based only on items that meet or exceed the specifications provided. All other lesser items will not be considered. Failure to submit, at time of bid opening, complete information as specified can and may be used as justification for rejection of a bid item. 1.16 Should there be a tie on either the unit price (if awarded on a per item basis), sections of the bid (i.e.: building contracts, or bids awarded by section) or the whole bid (all or none bids or service bids), the deadlock will be decided upon using the following order: 1.16.1 Companies who certify they are a drug-free workplace. 1.16.2 Companies which are registered with HCPS as a small business enterprise. 1.16.3 Companies that are certified as a small/minority/women-owned business by a governmental entity in Hillsborough County. 1.16.4 Companies that are certified as a small/minority/women-owned business by a governmental entity in the Tampa Bay area. 1.16.5 Companies that are certified as a small/minority/women-owned business by the State of Florida. 1.16.6 Companies located in Hillsborough County, Florida. 1.16.7 Companies receiving the larger dollar award on other items within the bid. 1.16.8 Companies located in Florida. 1.16.9 All else being equal, a coin toss will be made to decide the award. 1.16.10 The above guidelines do not preclude the possibility of splitting an order if the two winning vendors agree to multiple awards. 1.17 The vendors will not be allowed to offer more than one product/price/service on each item even though the vendor feels that they have two or more types or styles that will meet specifications. Vendor must determine which to offer. For the sake of meeting delivery schedules, a vendor may deliver any pre-approved brand at the same price, with prior approval from the Procurement Department. No other substitutions will be considered. If said vendor should submit more than one product/price on any item, only the products meeting specifications will be tabulated. It is the vendors right to address alternatives in a separate document but not as part of this bid. However, if more than one product is listed as a pre-approved product, the vendor may specify that the bid price applies to more than one of the listed products. 1.18 The information called for on each item must be on the line with the item. To eliminate any confusion about the items(s) being bid, if you choose not to bid an item(s) please insert the words: no quotation, no bid or n/b. Blanks shall be considered as no bid. 1.19 Erasures are not acceptable on bids. If changes are necessary, strike out or draw a line through an incorrect price and write the correct price above. Vendor must initial all changes. 1.20 The submittal of a bid shall constitute an offer to contract with HCPS in accordance with the terms of said bid. The offer may not be withdrawn until 120 days after opening unless rejected, or not accepted by HCPS. Accuracy of all prices and statements contained in the bids is the responsibility of the vendor, and no change or cancellation thereof may be made. The General Manager, Procurement or designee reserves the right to ask the vendor for clarification. In addition, procurement staff will review the line-by-line prices. Accuracy of additions and extensions, brands, and compliance with all instructions will be reviewed in order to ascertain that the offer is made in accordance with the terms of the request for bid proposal. School officials who find any error(s) in calculations will make adjustments and corrections. 1.21 A vendor shall normally be held to their bid; however, in the ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 7 event an error or an obvious omission are discovered in a bid document, the vendor may request in writing the opportunity of withdrawing their bid. The vendor shall include in their written request sufficient evidence (original copies of working papers, calculations, etc.) to document that the error or omission was unintentional. 1.22 No additional terms and conditions included with the bid response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. Whether submitted through intent or design or inadvertently appearing separately in transmitted letters, specifications, literature, price estimates or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the vendors authorized signature affixed to the vendor acknowledgement form attests to this. 1.23 Should any vendor fail to enter into a contract with HCPS on the basis of the submitted bid by said vendor, vendor acknowledges that vendor shall be liable to HCPS for the difference between such bid price and the price HCPS pays to secure the merchandise from another source. Failure to pay said amount to HCPS upon demand will result in the company being removed from the bid list for a period of not less than two (2) years from date of infraction. Thereafter, the vendor may request to be reinstated to the bid list. 1.24 In the event that any gratuities or "kickbacks" are offered or tendered to any HCPS employee or a subcontractor’s as an inducement for award of a bid, request for proposal (ITB), subcontract or order, the vendor's proposal shall be disqualified and shall not be reinstated. 1.25 Prices stated must be in units as specified. In case of a discrepancy between the unit price and the extension, the unit price will be considered correct. Any requirement by the vendor that all or none groups, quantities, weights, or other criteria must be met, in order to qualify for bid prices, will result in disqualification of the bid. Similarly, expiration dates or other constraints, which are in conflict with bid requirements, may result in disqualification. 1.26 HCPS reserves the right to reject any and all bids or parts thereof, and to request re-submission. In acceptance of bids, HCPS shall accept the lowest and best bid from a responsive and responsible vendor. HCPS reserves the right to waive any defect, irregularity or informality. 1.27 HCPS reserves the right to terminate all or part of any contract when doing so is in the best interest of HCPS. With the exception of any contract which HCPS deems to have an impact on security, a minimum of thirty (30) days notice for termination will be given in writing by the General Manager, Procurement. Any and all monies which have been paid in advance by HCPS will be prorated to the date of termination and refunded to HCPS. Nothing herein shall be construed as giving the vendor(s) the right to perform the services contemplated under this agreement beyond the time when such services become unsatisfactory to HCPS. If a vendor is discharged, HCPS will only pay for that portion of the work that was satisfactorily completed at the time of termination. 1.28 HCPS may, by written notice of default to award vendor, terminate the whole or any part of this contract if award vendor fails to make delivery of the contracted products or services, or fails to perform the contracted services within the time specified in the bid or subsequent addenda. The vendor be given written notice and have ten (10) days to remediate such failure after receipt of notice. 1.29 If the vendor defaults after HCPS awards a bid and a bond or certified check was not required with the bid, the vendor shall pay to HCPS as liquidated damages an amount equal to 5% of the unit price times the ordered quantity, or 5% of the total value of the item or bid, whichever is greatest. An awarded vendor who fails to pay said liquidated damages within 15 days after notification that liquidated damages are due shall lose eligibility to transact business with HCPS for a period of two (2) years after the bid award date. Thereafter, the vendor may request to be placed on the bid list. An awarded vendor shall be assessed the liquidated damages described above if the vendor products are chemically analyzed (or tested in some other manner) and fail to meet HCPS specifications in the bid. 1.30 It is understood and agreed between the parties hereto that the District shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this ITB. In the event funds are not appropriated and budgeted in any fiscal year for payments due under this ITB, the District shall notify the awarded vendor(s) of such occurrence and this ITB shall terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to the District of any kind whatsoever. 1.31 When an item appearing in this bid document is listed by a registered trade name and the wording "no substitute, bid only or only" is indicated, only that trade-named item will be considered. Specifications in this document may reference specific manufacturers’ products and list their model or part numbers, followed by the words “or equal”, or “approved brands”. Unless the words “only” or “No Substitutes” is used in place of “or equal”, these references are intended to establish a quality and performance standard only. Anything listed, herein, of a proprietary nature is done so without express knowledge or intent to exclude other manufacturers’ products from consideration. 1.31.1 Any item bid as an alternate which lacks sufficient descriptive literature or technical information to enable a complete comparative analysis, may prevent its consideration. 1.31.2 If the bidder does not clearly state in their bid proposal that an item proposed is an alternate to that specified, the bidder must furnish the specified item upon receipt of a purchase order ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 8 or else be declared in breach of contract. 1.32 Unless otherwise specified in the special terms and conditions, all items requested must be new and the latest model manufactured. Bids on “used, remanufactured or reconditioned” equipment or “blems or seconds” will not be considered unless specifically requested. 1.33 Samples of items, when required, must be furnished free of expense and if not destroyed, will, upon request, be returned at the vendor's expense. Vendors will be responsible for the removal of all samples furnished within 30 days after bid opening. All samples will be disposed of after 30 days. 1.33.1 Each individual sample must be labeled with vendor's name, bid number, and item number. Failure of vendor to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid. 1.34 Unless otherwise indicated, samples should be delivered to the office of the Procurement Department of Hillsborough County Public Schools, 901 E. Kennedy Boulevard, Tampa, Florida 33602. 1.35 Variance in condition - any and all special conditions and specifications attached hereto which vary from general conditions shall have precedence. 1.36 HCPS encourages participation of small and minority-owned business enterprises in the provision of goods, services and construction. If third-party agreements are necessary for the awarded firm to complete this contract, HCPS recommends using a small or minority-owned business. 1.37 Delivery is called for only between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday, excluding Hillsborough County Public Schools holidays, unless otherwise specified. 1.38 Inspection and acceptance will be FOB Destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the awarded vendor(s) until acceptance by the buyer. If the materials or services supplied to HCPS are found to be defective or not conform to specifications, HCPS reserves the right to cancel the order upon written notice to the seller. Product return shall be at the seller expense. 1.39 Purchaser is guaranteed delivery, by the vendor, of all items contained herein by "delivery date" indicated by subsequent Purchase Orders. Failure to perform delivery within this time shall be deemed to be goods or services delinquent and may result in liquidated damages of one percent (1%) of the price of such delinquent goods for each ten (10) calendar days of delinquency. Assessment of such liquidated damages may be applied to any sums owing said vendor. Assessment of said liquidated damages shall be at the sole discretion of Hillsborough County Public Schools and administrated by the General Manager, Procurement. These liquidated damages shall be in addition to other conditions cited herein. 1.40 It is the intent of HCPS that all vendors supplying services and/or products shall at no time cause unsafe conditions or acts that could have any impact on the safety and health of students, employees, or visitors to district operations. The awarded vendor(s) may be required to supply a written copy of their safety program/manual for review after contract award. Periodic review of vendor’s safety manual and operations may be conducted. All vendors and their employees including sub-contractor’s, performing work under the terms of this contract will follow the best safe working practices at all times, as well as comply with all Federal, State, local and District Safety policies and procedures. This includes operation of vehicles and equipment on District owned property. Any accidents, injuries or incidents occurring on District property shall be immediately reported to the District Safety Office. 1.41 All materials and services supplied to HCPS must conform to all current regulations as specified in “Occupational Safety and Health Act of 1970,” Public Law 91-596 91” congress. 2193, as amended, which includes Chapter XVII Occupational Safety Health Act, Department of Labor, Part 1910 – Occupational Safety and Health Standards, UL safety regulations and other standards for educational use as required by the US government, State of Florida, Hillsborough County and/or local municipality. This includes various safety accessories, and it is the vendor’s responsibility to meet the necessary requirements. 1.42 The District Safety Office will monitor and enforce compliance to Occupational Safety and Environmental Health regulations by all vendors who provide services and/or products to HCPS. 1.43 Any item delivered or used when providing services under this contract must have a published material safety data sheet (MSDS). Each MSDS must be in English (Spanish may be required by HCPS) and include information regarding the specific chemical identity of the hazardous chemical(s) involved and their common names. Information must be provided on the physical and chemical characteristics of the hazardous chemical: known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen by NTP, IARC or OSHA; emergency first aid procedures; and the identification of the organization responsible for preparing the MSDS. 1.44 All vendors performing work for HCPS are responsible to provide written notification and material safety data sheets to the District Safety Office for any hazardous material that may be used. HCPS defines hazardous material as “any material or substance for which there is sufficient data to indicate a reasonable risk to physical and/or environmental health.” These substances are classified as poisonous, toxic, corrosive, and flammable, explosive, radioactive or otherwise have any warning on the product label. 1.45 The District Safety Office must approve all hazardous ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 9 materials used by outside vendors prior to use. 1.46 All requests for approval of product shall be directed to the District Safety Office at 4224 West Crest Avenue, Tampa, FL 33614. Telephone (813) 872-5263 facsimile (813) 356-1471. 1.47 Current, legible copies of material safety data sheets (MSDS) will be used to evaluate all products. This information must be provided at least 5 working days prior to use and must include the vendor’s safety plan (precautions needed by the vendor’s employees). 1.48 After review by the District Safety Office, the original provider of the MSDS will be provided a copy of the MSDS stamped approved with or without additional restrictions or disapproved. 1.49 The vendor(s) using the product must follow any identified restrictions and must also maintain a copy of the approved MSDS at the job location. 1.50 Any product used in HCPS shall be used in accordance with the manufacturer’s instructions and applicable District policies. 1.51 Certain products will not be authorized for use in HCPS in order to prevent any incidence of exposure to students or employees. Further, stringent restrictions may be applied to the use of certain products to reduce or eliminate the incidence of exposure. 1.52 A product approved for use by District employees does not constitute an automatic approval for use by outside vendors. All products used by outside vendors must be specifically approved for each job within the District. 1.53 District employees will not use products approved for use by outside vendors unless a specific approved MSDS has been provided to the supervisor and/or is maintained in the worksite MSDS book. 1.54 Use of hazardous materials at sites where no students or District employees are assigned does not have to be approved provided the materials are not within 250 feet of sites with students or employees. All Federal, State & local regulations shall apply. 1.55 Vendor(s) are responsible to remove all products used on projects immediately upon completion. Products left for District use will be listed on a manifest indicating type of container, amount and the location of the product. HCPS employee who originated the service or contract shall sign the manifest and send to the District Safety Office. 1.56 All vendors and their employees including sub-contractors performing work under the terms of this contract, will follow the best environmental working practices at all times. The awarded vendor shall not cause any unsafe conditions or acts that could have an impact on the safety and health of students, employees, or visitors to District operations as well as comply with all Federal, State, local and District environmental policies and procedures. The awarded vendor(s) may be required to supply a written copy of their environmental program/manual for review after contract award. Periodic review of vendor’s environmental manual and operations may be conducted. Vendors will be responsible for removal and clean up of all contamination (or potential contamination) when it occurs or is identified by the District Safety Office. All incidents shall be immediately report to the District Safety Office. 1.57 Asbestos-containing materials (ACM) and lead based paint (LBP) - ACM and LBP are present in many District buildings. The presence of ACM and LBP does not necessarily mean that a hazard exists; however, a hazard may be created when ACM and LBP are disturbed. It is the responsibility of the vendor or vendors to contact the District Safety Office prior to commencing any work that may disturb any ACM or LBP at District facilities. 1.58 Any publications, discoveries, or inventions arising from collaborative efforts on the part of participating vendor and HCPS employees will be the joint property of the vendor and HCPS. Any publications, discoveries, or inventions arising from the single efforts of participating vendor or HCPS employees will be the property of the authorizing agency, with acknowledgement to, and collaboration with HCPS in regard to the intended use of such products. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 10 2 SPECIAL TERMS 2.1 Additional Charges: All additional charges such as installation, shipping, insurance, or other costs must be fully itemized and included with the bid. Charges not specified at the time of the bid/quote will not be honored. 2.2 Addition/Deletion of Items For Catalog Bids: Any items added/deleted by the award manufacturer during the contract period shall automatically be added/deleted to this contract provided they are listed in the current published manufacturer’s list price catalog. 2.3 Assignment: Awarded vendor(s), whether under separate contract or not, shall not assign any part or whole of this bid or agreement to another party, subcontractor(s), or company nor shall they assign any money due or to become due to him here under, without the previous written consent of HCPS. 2.4 Award to Next Rated Vendor: In the event of default, error in award or non-availability of product, HCPS reserves the right to utilize the next rated low vendor and their stated bid prices as needed. 2.5 Catalogs & Brochures: Complete technical information and sales brochures may be required at time of bid opening or upon award. Final consideration of any offered equal may require sample of the item to be made available for visual inspection along with a list of local references. 2.6 Currency: Bid must be made in US dollars. Payment will be in US dollars. 2.7 Defective Material: The awarded vendor(s) shall agree to accept, for full credit and return shipping charges, the return of any item received which is found to be deficient in quality or defective in packaging so as to render the item unusable for its intended purpose. Merchandise so designated shall be replaced at the full expense of the vendor within five (5) calendar days. 2.8 Emergency Purchases: HCPS reserves the right to make emergency purchases from the next low vendor and so on should the vendor be unable to deliver the required item in the required timeframe. 2.9 Inside Delivery: Vendor is required to provide inside delivery for all units ordered from this bid. Inside delivery shall be defined as unloaded from carrier's vehicle and set inside designated facility but not to exceed 300 feet from entrance point or on a different floor level than entrance point. 2.10 Insurance: The awarded vendor(s) shall have, prior to performance, a certificate of insurance showing: Liability -- $1,000,000 minimum and Property -- $1,000,000 minimum. Or in lieu of the previous: Combined Single Limit (CSL) -- $5,000,000. For all awarded contracts, Hillsborough County Public Schools must be listed as additional insured on the certificate. Certificates with the valid endorsement shall be provided to the General Manager of Procurement, or designee, within two (2) weeks of the contract award. 2.11 Workers’ Compensation: As required by Florida Statute 440, vendor shall take out and maintain during the life of this Contract, Workers' Compensation Insurance. Coverage shall be for all of his/her employees connected with the work of this Project and, in case any work is sublet, the vendor shall require the subcontractor(s) similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection of the vendor. Vendor also agrees to supply evidence of such coverage with the submission of this bid. Vendor agrees to indemnify and to hold harmless schools from and against any and all liability which may arise out of the performance of this agreement unless such liability shall be a direct or proximate result of the negligence of HCPS, its agents or employees. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 11 2.12 Automobile Liability Insurance: The awarded vendor shall maintain automobile liability insurance against bodily injury and property damage in at least the amounts of one hundred thousand ($100,000) dollars per claimant, one million ($1,000,000) dollars per occurrence, or five million ($5,000,000) dollars combined single limit (CSL). For all awarded contracts, Hillsborough County Public Schools must be listed as additional insured on the certificate. 2.13 Laboratory Testing: In the event materials shipped to HCPS as outlined herein indicate sub-standard specifications in the qualitative or quantitative manner, HCPS reserves the right to have a laboratory test made. If material is found to be deficient, the vendor shall be required to pay all costs of testing. If found to meet specifications, HCPS shall pay all costs. 2.14 Price Decreases: If prices decrease during the term of this contract, the awarded vendor(s) must notify HCPS of the lower prices so that all subsequent orders will reflect accurate pricing. 2.15 Return Agreement: Each awarded vendor shall agree to accept, for full credit and return shipping charges, the return of any item received from him which is found to be defective in quality or defective in packaging so as to render the item unusable for its intended purpose. 2.16 Shipping and Marking: The award vendor(s) will be required to mark all shipments with HCPS purchase order number clearly visible on the exterior of each container. A packing list must be furnished with each shipment, listing the purchase order number, vendor’s part number and description, quantity ordered, quantity shipped, and quantity back ordered. 2.17 Silence of Specifications: The apparent silence of any specifications and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of the specification shall be made upon the basis of this statement. 2.18 Variation From Materials Specified: Whenever and wherever items, materials, or equipment have been identified by describing a proprietary product, such identification is intended to be descriptive, and is used to indicate the quality and characteristics of products that will be satisfactory. Bids offering equal or alternate materials and equipment will be considered for award if such items are clearly identified in the bids, and are determined by HCPS to be of equal value in all material respects to the proprietary item specified. 2.19 Warranty: The vendor warrants that the goods or services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with specifications. If the vendor knows of the purchaser's intended use, the vendor warrants that the goods or services are suitable for that intended use. 2.20 Additional Discounts: Additional discounts may be offered during the term of the contract based on purchase order quantity or amount, consolidated contract purchase quantities or amounts, or to benefit a specific educational program. 2.21 Purchasing Card (P-Card): The District has implemented a Purchasing Card Program to streamline the procurement process. By making purchases with the Visa Purchasing Card, HCPS can more effectively control procurement activities while hastening the Vendors ability to receive payment. Payments made to the Vendors may be by a Visa Purchasing Card but may be changed at any time during the contract period. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 12 3 SPECIAL PROVISIONS 3.1 Scope of Work: Hillsborough County Public Schools (HCPS) is seeking bids from qualified firms to provide parts for trucks, buses, and vehicles (new and rebuilt). The work to be done under this contract includes, but is not limited to; providing all labor, materials, supervision, equipment, incidentals, and related items necessary to complete the work in accordance with the specifications contained herein. The HCPS now owns and maintains approximately 1,930 vehicles and pieces of equipment and inventories. 3.1.1 Any deviations from these specifications shall be clearly noted. Detailed descriptions and/or illustrations must be provided with your bid for consideration. 3.1.2 HCPS reserves the right to change the number of schools during the contract period. Any location shall be serviced at the same rate/cost bid herein. 3.1.3 Estimated annual expenditures are $1,300,000. 3.2 Clarification: The last day to submit questions concerning this ITB shall be December 17, 2013 at 2:00pm. Questions received after this time will not be addressed. **Please note-District offices will be closed for the Christmas/New Year Break from Monday, December 23, 2013 through Friday, January 3, 2014.** 3.2.1 Questions should be posted through the Vendorbid website. Answers will be posted there in response to all questions. 3.3 Addenda: See General Terms and Conditions, Section 1.3 for instructions on how to receive addenda. 3.4 Contract Term/Option to Renew: The initial term of the contract shall be for a one (1) year period following The School Board of Hillsborough County, Florida approval. 3.4.1 The initial term of the contract shall be as specified in a separate award letter. 3.4.2 This contract may be renewed for four (4) additional one (1) year periods provided all terms and conditions remain unchanged and in full force and effect. 3.4.3 The option to renew, if exercised, will be executed in the form of a renewal letter to be issued not sooner than ninety (90) days prior to expiration of this contract. 3.4.4 The option to renew requires the mutual agreement of both parties. 3.4.5 Refusal by either party to exercise this option to renew will require this contract to expire on the original or mutually agreed date. 3.4.6 All prices offered herein shall be firm against any increase for at least one (1) year from effective date of this proposed contract. After this date, it shall be the vendor's responsibility to notify the Procurement Officer in advance of any anticipated changes in prices and submit a request for a price increase by furnishing bona-fide manufacturer's documents or price list reflecting the changes. 3.4.7 HCPS reserves the right to accept or reject within thirty (30) days after the request for a price increase. If the price increase is rejected, the specific item in question will be canceled. If the price increase is approved, the price will remain firm for at least one (1) year from the date of the increase. Upon mutual agreement, this contract may be renewed beyond the four (4), one-year periods for a period not to exceed 180 days. 3.5 Experience: The awarded vendor(s) shall have been in the business of providing vehicle, truck, or bus parts (new and rebuilt) for a minimum of three (3) years and maintain a current business license from the State of Florida. Vendors shall provide documentation of applicable license, certification, and/or commercial experience. HCPS reserves the right to request documentation at any time during the contract period. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 13 3.6 References: Vendors shall submit, with the bid response, the name, address and telephone number of the three (3) largest commercial accounts with whom you conduct business of similar scope. All bidders must have provided parts for trucks, buses and other vehicles (new & rebuilt) as specified herein, within the most recent thirty-six (36) month period of time. HCPS may utilize other references information on a vendor’s capability to determine performance history. Negative references, in HCPS sole discretion, may be cause for disqualification of vendor. See Section 15 for reference forms. HCPS may not be used as a reference. 3.7 Award: Award of this contract shall be to the lowest responsive and responsible vendor who best meets the terms and conditions of the bid. Consideration of award shall be based on the information submitted, including vendors’ past performance, client references, and delivery greater than 30 days. HCPS reserves the right to make multiple awards, award by groups, types or categories, item by item or lump sum total, whichever may be in the best interest of HCPS. 3.8 Preference to Florida Businesses: In accordance with Florida Statute 287.084, HCPS purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply, is by a vendor whose principal place of business is in a state or political subdivision thereof which: • grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then HCPS shall award a preference to the lowest responsible and responsive vendor having a principal place of business within the State of Florida. The preference to be granted will be equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. • does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in the State of Florida shall be 5 percent. 3.8.1 Vendors responding to this solicitation, whose principal place of business is outside the State of Florida, must provide a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts, see "Bidder's Statement of Principal Place of Business" later in this solicitation. 3.9 Estimates: Quantities and/or amounts stated are for vendors’ guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities and/or amounts are based upon previous needs and estimated usage for a twelve (12) month period. 3.10 Warranty: The warranty for individually purchased equipment, after delivery and acceptance by the school or department, shall be for one (1) year or manufacturer’s warranty, whichever is greater. The successful vendor will be responsible for repairing each unit during the warranty period, at no cost to HCPS. Vendor agrees to repair and return equipment within ten (10) days from receipt of request or provide a temporary replacement. 3.11 Material Safety Data Sheets (MSDS): Vendor(s), delivering any toxic substances, as defined in Florida Statute 1013.49 or as amended, shall furnish to the Procurement Department, a Material Safety Data Sheet (MSDS) with the bid or upon request. Failure of the vendor to provide MSDS, as requested, shall result in disqualification of vendor for that bid. The District reserves the right to reject the use of any product from this bid with due cause. All MSDS submitted must be either an original, as received from the manufacturer, or a legible copy made from same. Vendor(s) shall be responsible, during the term of the contract, to provide HCPS Procurement Department or Risk Management Department with revised MSDS on a timely basis, as appropriate. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 14 3.12 Delivery and Installation: Prices quoted on the Bid Response Form shall include all shipping costs, shipping F.O.B. Destination and to the facility location specified by the purchase order. Vendors shall provide inside delivery to the various HCPS locations. For a list of all locations, select “District Sites” from the following website: http://www.sdhc.k12.fl.us/procurement/vendorsbidders.asp. 3.12.1 Vendors shall provide inside delivery within thirty (30) days from receipt of purchase order. 3.12.2 Delivery is called for only between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday, excluding HCPS holidays, unless otherwise specified. 3.12.3 It is required that all delivery, handling or other costs necessary to complete an order be included in the single fixed cost provided on the Bid Response Form. Freight collect charges will not be allowed. 3.12.4 Should any product be damaged in transit, the Vendor(s) shall be responsible for replacement of the damaged item and transportation for delivery of the replacement item. HCPS will not negotiate with the transport companies for damaged product replacement. The Vendor(s) shall not invoice HCPS for any charges associated with items damaged in transit. 3.12.5 The awarded vendor(s) shall make arrangements with shipper/common carriers for offloading and inside delivery. 3.12.6 HCPS employees are not permitted at any time to unload, move, unpack, assemble, or put any item in place that is purchased from this bid. 3.12.7 Installation shall include unloading, handling, inspection, assembling, installing, cleaning and adjusting of all materials, components and equipment (furnished under this bid) in its proper location and in satisfactory operational condition. 3.13 Communications: Vendor(s) must provide a means to receive direct communications from HCPS 10 hours a day, 5 days a week, 7:00 am to 5:00 pm. Contact means shall be by office phone, cellular phone, radio, email or fax. When vendor desires to be contacted by radio, vendor must provide a radio communication device to HCPS for communication purposes for the duration of the contract. When contact is by pager, vendor(s) must respond within 30 minutes of the page. 3.13.1 A copy of all written communication between any HCPS school/site and the vendor shall be forwarded to the Procurement Agent upon issuance. 3.14 Debris Removal: The vendor(s) shall be responsible for removal of all debris from the site and cleaning work areas. The vendor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by a HCPS representative, shall remove such debris and materials from property. USE OF HCPS DUMPSTERS AND/OR LEAVING DEBRIS ON SITE IS STRICTLY PROHIBITED. 3.15 Accounting and Invoicing: All accounting and invoicing correspondence must reference an HCPS purchase order number. HCPS complies with the Florida Prompt Payment Act (ss.218.70-218.80). Invoice payment is Net 45 days from the date of delivery or the receipt of satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments, other than payments for construction services, due and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. 3.15.1 Original invoices shall be submitted to HCPS Accounts Payable Department, as provided for on the purchase order. 3.15.2 All service agreements require a duplicate invoice, clearly identified as a “duplicate” or “copy” to the ordering department or designated project leader. 3.15.3 Individual purchases may be covered by purchase orders issued against the contract as item(s) are ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 15 required and/or blanket purchase orders will be issued. 3.15.4 Payment for services shall be made by submission of a monthly invoice. The monthly invoice will include all scheduled services and/or product purchased completed and/or purchased during the one-month period. 3.15.5 HCPS personnel may choose to use a Visa Purchasing Card in place of a purchase order to make purchases from this bid. Unless exception to the condition is acknowledged on the Bid Response Form, the vendor, by submitting a bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card. Refusal to accept this condition may cause your bid to be declared non- responsive. 3.15.6 For actual deliveries made, payments shall be made on a per order basis. 3.16 Pricing: HCPS requires a firm fixed price per unit. Your unit pricing shall be based on inside delivery. Delivery costs shall be included in your bid price. 3.16.1 Unit of measure should be as stated on the Bid Response Form. 3.16.2 The cost for these items will be included in the bid rates defined in the Bid Response Form. Any discounts offered will remain firm for the term of the contract. 3.16.3 Cost plus pricing will be used for unspecified miscellaneous items, also referred to as “Balance of Line” or catalog items. Any discounts offered will remain firm for the term of the contract. Invoices will be checked to confirm compliance with quoted pricing. Vendor is required to provide documentation supporting costs for these items. HCPS may request evidence that vendor is obtaining these materials at a reasonable price. This pricing approach is used for limited items for which specific prices have not been requested. It is expected this will be a small percentage of purchases for this bid. Cost plus ten 10%will be the maximum allowable markup. 3.17 Contract Termination: HCPS shall have the right at any time and at all times to terminate this agreement with or without cause, upon written notice of such termination provided not less than 30 days prior to the date that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the circumstances. Such right to terminate this contract without cause is hereby reserved by and to HCPS. In the event HCPS shall elect to terminate this contract without cause, HCPS shall compensate the vendor for all work and services provided or supplied prior to the date of termination. In the event that an advance notice of termination is given the awarded vendor(s) agrees to abide and perform all covenants and provisions of this contract until the date of the termination specified in the written notice of termination. The awarded vendor(s) shall have no further rights, and HCPS shall have no further obligation, to the awarded vendor(s) subsequent to the date of termination of this contract as specified in the written notice. 3.18 Contract Administration: HCPS will periodically inspect work completed or in process to assure that the requirement of this contract are being met. Should it be found that the requirements specified herein are not being satisfactorily maintained, the vendor(s) shall be contacted and any discrepancies, inconsistencies or items not meeting the specifications contained herein corrected immediately at no additional cost to HCPS. A second discrepancy notice shall serve, as notification that any future discrepancies, inconsistencies or items not meeting specifications contained herein will result in terminations of the vendor’s right to proceed further with this contract. The vendor(s) and his sureties may be liable to HCPS for any additional cost incurred by HCPS to complete this contract. At this point, the vendor(s) shall be considered in default and the contract subject to termination. 3.18.1 It is the intention of HCPS to contract as specified herein with one or more sources that will give ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 16 prompt and convenient response to our needs. Any failure of the awarded vendor(s) to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the Procurement Department. 3.19 Vendor Application: In order to conduct new business under this bid, HCPS requires that all vendors have a current Vendorbid application on file. If you are not registered as a vendor, go to (https://www.vendorbid.net/hillsborough/index.asp?cookies=True) and complete the on-line Vendor Application. Failure to comply with this condition may cause the vendor not to be awarded any new business. 3.20 Responding to HCPS Solicitations: Those interested in responding to this or any HCPS procurement opportunity must log on to VendorBid and select “Current Bids”. Search for the bid referenced in the notification and view the document(s). If you are interested in submitting a response (bid, proposal, quote, etc.) and receiving updates (addendum) you must select “Participate” to continue notifications for the solicitation. Any files added after opening (recommendation, tabulation), will not generate an update notification but will be available to view at vendor’s discretion. 3.21 Small Business Enterprise (SBE) Participation: HCPS expects participation of HCPS Office of Supplier Diversity (OSD) registered SBE vendors in the provision of goods, services, and construction. If third-party agreements are necessary for the Vendor(s) to complete this contract, the District recommends using an OSD registered SBE vendor. Vendor will indicate whether third-party vendors are OSD registered small business enterprises, or provide a plan to incorporate small business enterprises in the project. Provide evidence (copies) of any certifications. An on-line directory of all OSD registered SBE vendors may be reviewed by visiting the OSD website at https://www.sdhc.k12.fl.us/OSD/VendorDirectory/. The contact information below is for the HCPS Office of Supplier Diversity (OSD). This office can provide you with an online directory of all certified small businesses by commodity or service. Vendors appearing on the website will be accepted by HCPS as a certified small business enterprise if the vendor(s) submits with their bid response a copy of the certificate from the OSD. HCPS Office of Supplier Diversity Attn: Supplier Diversity Officer 4901 East Dr. Martin Luther King, Jr. Blvd. Tampa, Florida 33605 Phone: (813) 635-1240 Fax: (813) 635-1245 3.21.1 SBE Eligibility: Any business with a staff of 100 employees or less, whose average net-income is equal to or less than $2,000,000 and its net worth is equal to or less than $3,000,000. Each business applying for registration must meet the following eligibility standards: (i) must be an independent business that has an office in the Tampa Bay area (Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, or Sarasota Counties). (ii) Must have been in existence and served the Tampa Bay Area in a commercially useful capacity for no less than one (1) year prior to application. (iii) Be a business with a staff of 100 employees or less. (iv) Must have an average net income of $2,000,000 or less and a net worth of $3,000,000 or less. (v) Must be certified with one of the following agencies: City of Tampa, Florida Statewide & Inter-Local Certification, Hillsborough County, or Florida Minority Supplier Development Council (FMSDC). 3.21.2 Business Utilization Report: In order to facilitate an effective monitoring system, each vendor, or proposer must submit a completed and signed Utilization Report with the bid submission which lists the names, addresses and contact persons of all subcontractor’s if any, to be used in the contract, the type of work each business will perform, the dollar value of the work and the scope of work. The Utilization Report submitted by the vendor(s) shall be submitted as a part of the contract with HCPS. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 17 If the information contained in the vendor’s Utilization Report changes by the time the contract is executed, the vendor shall amend the Utilization Report and such amended Utilization Report shall be incorporated into the contract. 3.21.3 Subcontractor’s Participation: 3.21.3.1 A prime vendor must identify S/M/WBE utilization expenditures to certified S/M/WBE and OSD registered subcontractor’s that perform a function in the work of the contract. 3.21.3.2 A subcontractor must identify whether they enter into second tier subcontracts with an S/M/WBE subcontractor to ensure completion of work. 3.21.4 OSD Review of Utilization Report: The vendor and its subcontractor’s agree to provide such information as OSD shall request regarding the utilization of small, minority, and women-owned business enterprises. The vendor(s) shall supply an updated Utilization Report to the OSD on a quarterly basis. 3.22 Facility Security: All personnel must coordinate with the facility’s front office or security personnel. Employees must be properly identified and must sign in and sign out when working or making deliveries during operational hours. All personnel must remain in the assigned work area. 3.22.1 It shall be the sole responsibility of the vendor(s) performing services for this contract to safeguard their own materials, tools, and equipment. HCPS shall not assume any responsibility for vandalism and/or theft of materials, tools, and/or equipment. 3.23 Jessica Lunsford Act (JLA): To comply with § 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act”, all vendors meeting any of the three (3) criteria, (i) be at school when students are present, (ii) have direct contact with students, or (iii) have access to or control of school funds, will be required to be Level II fingerprinted and screened by the HCPS Human Resources Department, which consists of FDLE/FBI search. All individuals will be required to have the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site Administrators/Managers will deny access to anyone violating this procedure. Vendors may obtain more JLA information and the hours and dates of operation for the HCPS Department of Professional Standards at http://www.sdhc.k12.fl.us/Procurement/JessicaLunsfordAct.asp. 3.23.1 If no personnel meet any of the above criteria, the law does not apply and no action is required. 3.23.2 HCPS will use the "six-foot fence" rule where the vendor shall perform work, and at all times remain, in an area separated from students by a chain link fence that is at least six (6) feet high for projects approved through our Facilities Department. 3.23.3 HCPS will not use the "in-line-of-sight rule." 3.24 Personnel: All employees are to present a professional appearance. Personnel shall be neat, clean, well groomed, properly uniformed and conduct themselves in a respectable and courteous manner while performing duties and while at any HCPS facilities. 3.24.1 Qualifications of new people working under this contract will be submitted to HCPS, in writing, for approval prior to them conducting any service under this contract. Submit list of all employees that will be working under the current contract and any intention for additional personnel, and back-up personnel for each function. 3.24.2 Employees shall wear a recognizable uniform. No hats shall be allowed indoors. Each technician performing work for HCPS must carry a government issued picture ID that shall be presented upon request while on HCPS property. This provision will be strictly enforced. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 18 3.24.3 Use of tobacco products shall only be allowed in designated area(s). 3.24.4 Personnel shall not play loud music, make unnecessary noises, or use language that causes offense to others. 3.24.5 Vendor(s) are not to use any Day Labor or temporary workers at any HCPS facility. This includes all technicians that are added subsequent to award. Failure to comply with this specification could result in immediate termination of the award and liquidated damages. 3.24.6 The employment of unauthorized aliens by any vendor is considered a violation of Section 274 A (e) of the Immigration and Nationalization Act. If the Vendor knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the contract. 3.24.7 Possession of firearms will not be tolerated on HCPS property; nor will violations of Federal and State laws and any applicable HCPS policy regarding Drug Free Workplace be tolerated. Violations will be subject for the immediate termination of any contract resulting from this Invitation to Bid. 3.24.8 “Firearm” shall mean any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be, converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun. 3.24.9 No person who has a firearm in their vehicle may park their vehicle on HCPS property. 3.24.10 If any employee of a Vendor or Sub-Contractor is found to have brought a firearm on HCPS property, said employee will be terminated from HCPS contract by the Vendor or Sub-Contractor. If the Sub-Contractor fails to terminate said employee, the Sub-Contractor’s agreement with the Vendor for HCPS contract shall be terminated. If the Vendor fails to terminate said employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate said employee, the Vendors agreement with HCPS shall be terminated. 3.25 Substitutions: Substitutions of product will only be considered when manufacturer has discontinued the product or is having difficulties in the manufacturing and delivery of the product. Vendors must provide an approved substitute at the originally awarded price or lower price than the item being substituted. The district must issue written acceptance before vendor may ship any substitute. Vendor requests to offer substitute products for any item originally awarded on this bid shall be submitted in writing to the Procurement Department along with the following documentation. 3.25.1 Proof that the manufacturer has discontinued the item and it is no longer available. 3.25.2 Complete technical specifications for the substitute product for consideration and approval by the district. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 19 4 GENERAL REQUIREMENTS 4.1 In order to increase the efficiency of the HCPS Transportation Department, the awarded vendor(s) will be required to do the following: 4.1.1 Provide sufficient new & rebuilt parts for trucks, buses and vehicles to meet the requirements of HCPS’ Transportation Department on as needed basis (JIT Inventory). 4.1.2 Vendor(s) will assist the HCPS in determining industry nomenclature/descriptions, purchasing UOM’s, and manufacturer’s part numbers. 4.1.3 Vendor is to have the ability to research parts and supplies for specialty equipment or special circumstances from both OEM and aftermarket sources. Vendor is required to keep abreast of new merchandise of interest to HCPS, as well as any items identified as discontinued. For items deemed to be discontinued, vendor is to supply HCPS with an equal substituted item. All substitutions are to first be approved by the Procurement Department and substitutions will only be allowed for items that have been discontinued by the vendors’ manufacturer. 4.1.4 HCPS requests that vendor have a local facility (within Hillsborough County) where items can be picked up, if needed. 4.1.5 At its discretion, the HCPS may elect to purchase and maintain ownership of certain specialized items. 4.1.6 HCPS reserves the right to add any item(s) to this bid as a permanent item at a set price, should HCPS have the need to stock the items at the Transportation Department warehouses. 4.2 Just-In-Time Inventory: HCPS’ Transportation Department will work with the awarded vendor throughout the contract period to determine the parts, supplies and equipment to carry in inventory. This determination may be based on usage, fleet size, and criticality of the part, ordering, turnaround time, or any combination of these factors. 4.2.1 The vendor shall have access to and control over sufficient inventory provided either by the vendor's on-site or off-site stock, its own warehouse, original equipment manufacturer and/or by negotiation with one or several local parts operations to furnish 85% of the HCPS's parts requirements on demand and 95% of the HCPS's parts requirements by start of business the work day following the request. The vendor shall evaluate the usage history of the current inventory of vehicle parts and thereafter on a monthly basis to identify those that should be removed from stock, added to stock, and to determine the stocking levels of those that should remain in stock. The vendor shall adhere to the stock reorder plan detailed in the proposal. Prompt response time to parts requests is crucial to establish and maintain a high level of maintenance shop productivity. Any decision to make changes that will impact response times will be mutually agreeable with the HCPS Transportation Fleet Manager/Contracting Officer and the Vendor. 4.2.2 Quality: The vendor shall provide stock and non-stock original equipment parts, supplies and equipment, or aftermarket items in equal or higher quality. A minimum of Grade 8 is required on all Fasteners. All hydraulic equipment, components and parts must meet JIC and SAE specifications. 4.2.3 Periodic Inspection: HCPS reserves the right to inspect the quality of materials, supplies and equipment proposed to be furnished and to reject any item(s) deemed not to meet original ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 20 equipment standards and performance. All such items provided by the selected vendor for resale to HCPS will remain the property of the vendor until used by HCPS. 4.3 Customer Service/Delivery: Provide efficient and rapid customer response at all times. Rapid response shall include delivery to the end user(s) warehouses at all times, or other locations throughout the District if the need should arise or in the case of an emergency. Delivery times are as follows: 4.3.1 Delivery hours are Monday through Friday 7:00 AM to 5:00 PM. Warehouse stock deliveries are to be made within 2 (two) days of receipt of purchase order. 4.3.2 Vendor is to notify HCPS within 24 hours of receipt of purchase order if unable to meet delivery requirements as noted above. 4.3.3 Vendor must be able to provide delivery of non-stocked items within five (5) days of receipt of purchase order. 4.3.4 Emergency deliveries, either to a specific location or to a warehouse, are to be made by start of business the day following request/receipt of purchase order. 4.3.4.1 HCPS reserves the right to purchase parts and/or services from other sources if the vendor cannot obtain the desired part(s) by start of business the day following request and, in emergency situations, to procure parts immediately, if the vendor cannot supply the part(s) in an acceptable time frame. 4.3.4.2 Should the awarded vendor be unable to provide required parts, HCPS reserves the right to purchase those specific parts from another vendor. 4.4 General Parts Information Original Equipment quality parts, supplies, and equipment or the equivalent or better are required. HCPS’ Transportation Department reserves the right to purchase parts and other supplies that cannot be provided by the vendor within the time frames specified, or that do not meet original equipment quality, or that are deemed inferior or unacceptable by the fleet facility. HCPS reserves the right to solicit repairs from any private vendor where said vendor may provide parts and/or labor for the repair of fleet equipment. 4.5 Rebuilt/Refurbished or Recycled Parts: HCPS requires that in every application, where reasonable and acceptable, the supplier provide retreaded, rebuilt, refurbished, recycled, or re-refined products that meet or exceed OEM, SAE, UL, Mil-spec, ANSI or other industry quality standards. HCPS’ Transportation Department reserves the right, over the course of the contract period to determine which products must be new, refurbished, recycled, or retreaded. 4.6 Core Exchange: The vendor shall also accept industry standard cores for rebuilding where the parts are acceptable as core exchanges, including water pumps, carburetors, pumps, alternators, engine blocks, etc. 4.7 Inventory Tracking: All invoices, packing slips or receipts shall contain specific tracking information, i.e., equipment number, reference number, receiving employee name, parts quantities, part number and alpha description, price detail and any other data deemed necessary for effective accounting tracking. 4.8 Warranty Records: The vendor shall maintain warranty records of items sold to the HCPS and issue any credits, including labor and parts, due the HCPS that are covered under these warranties. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 21 5 NO BID STATEMENT ITB: 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Regarding the above ITB, I hereby submit a “no bid” for the reasons checked below: Please provide any additional explanation for not participating in our bidding process: Signature of Owner or Authorized Officer/Agent: Printed Name: Title: E-mail: Thank you for your participation in our bid process and we look forward to opportunities for you to respond in the future. Hillsborough County Schools Procurement Department **No Bid Statement may be submitted via facsimile to 813-272-4390, mailed to the bid delivery location on the front page of this document, or emailed to the contact person listed.** Insufficient time to respond Could not meet Insurance requirements Addenda were received too late to respond Could not meet bonding requirements Could not meet specifications We do not offer the product or service requested Specifications were unclear or restrictive Our schedule will not permit us to respond Terms & Conditions were unclear or restrictive We do not bid directly Keep our company on this bid list for future bids Remove our company name from this bid list for future bids Other: ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 22 6 CONTACT INFORMATION AND CERTIFICATION 6.1 Vendor must supply the information listed below for bid to be considered. 6.2 The signer of this bid response guarantees, as evidence by the sworn affidavit required herein, the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 6.3 The undersigned hereby authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm or corporation to furnish any pertinent information requested by Hillsborough County Public Schools, or their representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the applicant. The signer also states that all information given is an accurate representation of the office location and resources from where the services are to be rendered. 6.4 The undersigned certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. The undersigned certifies acceptance of this bid’s terms, conditions, specifications, attachments, and addendum. 6.5 The undersigned certifies he/she is authorized to sign this bid for the vendor. Company Name: Address: City, State: Zip: FEIN: E-Mail: Office Telephone: ( ) Fax: ( ) Contact/Account Representative Name: Title: Address: Telephone: ( ) Cell: ( ) Fax: ( ) Email Address: Is your company registered as an SBE with HCPS’ Office of Supplier Diversity? __Y __N Is your company M/SBE certified with any of the following agencies: (i) City of Tampa, (ii) Florida Statewide, (iii) Inter-Local Certification, (iv) Hillsborough County, or (v) Florida Minority Supplier Development Council? __Y __ N Preferred method to receive purchase orders: ______US Mail ______ Fax Signature of Owner or Authorized Officer: Typed (Printed) Name and Title of Above: Date Submitted: / / ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 23 7 DEBARMENT CERTIFICATE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. _____________________________________________________________________________________________ Organization Name Project/Bid Name _____________________________________________________________________________________________ Name(s) and Title(s) of Authorized Representative(s) _____________________________________________________________________________________________ Signature(s) Date INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms ``covered transaction,'' ``debarred,'' ``suspended,'' ``ineligible,'' ``lower tier covered transaction,'' ``participant,'' ``person,'' ``primary covered transaction,'' ``principal,'' ``proposal,'' and ``voluntarily excluded,'' as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled ``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,'' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participating in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 24 8 ADDENDUM FORM Receipts of the following Addenda are hereby acknowledged (list all Addenda as follows): ADDENDUM NO Dated ADDENDUM NO Dated ADDENDUM NO Dated Dated this Day of , 20 Signature of Owner or Authorized Officer: Typed Name of Above: 9 PUBLIC ENTITY CRIMES Per the provisions of Florida Statute 287.133 (2) (A), "A person or affiliate who has been placed on the convicted Vendor(s) list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Vendor(s), supplier, sub-contractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.01 7 for category two for a period of 36 months from the date of being placed on the convicted Vendor(s) list." Company Official Signature: Date: 10 DISPUTE RESOLUTION CLAUSE In the event a dispute occurs, or a clarification of minor contract terms becomes necessary, please indicate your Proposer representative. The District representative will be the General Manager of Procurement. Representative's Name: Telephone Number: ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 25 11 DRUG-FREE WORKPLACE CERTIFICATION In the event of a tie, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal with respect to price, quality and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied awarded vendors maintains a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 11.1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 11.2 Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 11.3 Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 11.4 In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States, or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 11.5 Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 11.6 Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS COMPANY COMPLIES FULLY WITH THE ABOVE DRUG-FREE WORKPLACE REQUIREMENTS Authorized Signature: Title: Date: ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 26 12 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS (To be completed by each Bidder) Name of bidder: Identify the state in which the bidder has its principal place of business: Bidder’s signature: ____________________________________________________________________________________________ INSTRUCTIONS: IF your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. IF your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation. OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for an Out-of-State Bidder) NOTICE: Section 287.084(2), Fla. Stat., provides that “a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See also: Section 287.084(1), Fla. Stat. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One) ______ The bidder’s principal place of business is in the State of ________________ and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. ______ The bidder’s principal place of business is in the State of ________________ and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One) ______ The bidder’s principal place of business is in the political subdivision of ________________ and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision. ______ The bidder’s principal place of business is in the political subdivision of ________________ and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: Signature of out-of-state bidder’s attorney: Printed name of out-of-state bidder’s attorney: Address of out-of-state bidder’s attorney: Telephone Number of out-of-state bidder’s attorney: (_____) _____ - _________ Email address of out-of-state bidder’s attorney: Attorney’s states of bar admission: ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 27 13 REQUIRED SUBMITTALS CHECKLIST Note: Submittal is required for each box checked (or where applicable) for bid to be considered. Addendum Form (Sign and Acknowledge) Bid Response Form Bid Security: See bid for guidelines Bidder’s Statement of Principal Place of Business Business (Occupational) License Catalogs Certificate of Insurance: See enclosed guidelines for detailed specifications Contact Information & Certification Debarment Certificate Dispute Resolution Clause Financial Statement Illustrations List of References List of Subcontractor(s) Manufacturer’s certificate of warranty MSDS Sheets- if applicable Product Samples: See bid for specific details Public Entity Crimes Work Schedule: Only required if completion will run beyond (30) days Other: Attachment “A” in Excel format – USB Zip Drive or CD-R Other: ______________________________________________________________ Other: ______________________________________________________________ Other: ______________________________________________________________ ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 28 14 BID RESPONSE FORM Please see Attachment “A” Bid Response Form (Part 2) under separate cover. Attachment A shall be completed and returned in Excel format on a CD-R disk (CD) or Flash Drive. IMPORTANT NOTE: Due to incompatibility, do not send information on CD-RW disk. Handwritten, printed, or alternate formats (i.e. Adobe Acrobat) of this form will not be accepted. No exceptions. Due to the extensive and diverse number of parts HCPS utilizes the bid response form reflects the most commonly used items per category. All other items shall be included in the balance of line items and will be on a cost plus basis as indicated herein. In addition, please complete the following information: 14.1 Delivery: Please answer the following delivery questions: 14.1.1 What is your company’s delivery time after receipt of order? 14.1.2 Vendor is able to comply with the delivery requirements as stipulated in Section 3. ____Yes ____No 14.2 Minimum Order: Does vendor require a minimum order. ____Yes ____No 14.2.1 If yes, what is the amount of minimum order? (Note: a minimum order requirement may cause this response to be rejected). 14.3 Payment Terms Please select only one (1) payment option from the following list. NET 45: (Standard payment terms): Invoice will be paid in 45 days with no cash discount NET 14: option is available only to HCPS OSD registered vendors. Invoices are paid in 14 days with no cash discount. Non-OSD registered vendors who mistakenly choose this option will be paid at the NET 45 days standard. _____ %: 21 Days, Net 45: (Discount for early payment; i.e.: 2% 21, NET 45). Invoices, less agreed upon discount, are paid in 21 days. • Note: This option requires you to enter a discount percent NET 21: (E-Payables option; Visa virtual credit card) • Contact the Procurement Department for specific information for the E-Payable option. • This option will require the use of credit cards through your financial institution and/or credit card processor. P-CARD: (Visa purchasing card) Contact the Procurement Department for detailed specifications on the use of P-Cards. Note: You may be required to provide third level information, if warranted. _____I do accept the Purchasing Card conditions stated in this solicitation. _____I do not accept the Purchasing Card conditions stated in this solicitation. Please check below which level of reporting your company offers its customers utilizing the P-Card. ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 29 _____ Level 1: includes the basic information found on a typical credit card statement. _____ Level 2: Level 1 information, plus sales tax and transaction data field (usually 16 characters) providing information related to the transaction, such as an order number or an employee name. _____ Level 3: Level 2 information, plus other useful data (item product code, item description, quantity, price, and so on). Level 3 reporting provides information usually found on a typical invoice. Vendor Signature Company Name Print Name/Title Date 14.4 On-line Ordering Information: Please answer the following on-line ordering questions: 14.4.1 Vendor is able to offer on-line ordering. ____Yes ____No If yes, what is the URL? 14.4.2 Vendor is able to accept Visa Purchase Card transactions for on-line ordering. ____Yes ____No 14.4.3 Vendor is able to customize the site for the needs of HCPS at no additional charge. ____Yes ____No 14.4.4 If yes, how long would customization take? ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department Phone: (813) 272-4327 Fax: (813) 272-4390 30 15 REFERENCES: Vendors shall submit, with the bid response, the name, address and telephone number of the three (3) largest commercial accounts with whom you conduct business of similar scope. HCPS may utilize other references information on a Proposer’s capability to determine performance history. Negative references, in HCPS sole discretion, may be cause for disqualification of vendor. Please complete this form and return with your bid submittals. Name Of Customer Contact Name Address: City: State: Zip: Telephone Number Fax Number Email Address Name Of Customer Contact Name Address: City: State: Zip: Telephone Number Fax Number Email Address Name Of Customer Contact Name Address: City: State: Zip: Telephone Number Fax Number Email Address Business Action Item DATE:Tuesday, January 21, 2014 TO:School Board Members FROM:MaryEllen Elia, Superintendent SUBJECT / RECOMMENDATIONS Accept the Lowest and Best Bids Submitted by Various Vendors – Invitation to Bid (ITB) #13136-DST Parts for Trucks, Buses, and Vehicles (New and Rebuilt) (Business Division) EXECUTIVE SUMMARY This bid was prepared at the request of the Transportation Department to provide fixed pricing for stock and non-stock parts, supplies, and equipment for trucks, buses, and vehicles, as needed. Parts include new and rebuilt items for the district's fleet. Bidding vendors are required to be based in Hillsborough County and be available to pick up and deliver products. This recommendation has been reviewed by the General Manager, Transportation Department. The initial term of this contract shall be for a one-year period beginning February 2, 2014, with four one-year renewals. All prices offered are firm against any increase for at least one year from the effective date. This contract may be renewed by the Superintendent, per the terms of the specifications. STRATEGIC OBJECTIVES • Align financial resources to support the district’s strategic goals • Demonstrate best financial practices FINANCIAL IMPACT (Budgeted: Yes) Year-to-date expenditures are $1,436,775 for 2013/2014, and $3,207,434 for 2012/2013. EVALUATION Contract administration or evaluation is performed by the Project Manager (end user) and Procurement Officer, who function as a team. Reviews are conducted face to face, typically quarterly, or by utilizing an online vendor performance report. Prior to soliciting a new contract, the Contract Administration Team must first give consideration to the specifications and supporting data of the expiring contract. SUBMITTED BY: Jean Bowman, General Manager, Procurement Department Cathy L. Valdes Gretchen Saunders Chief Facilities Officer (813) 272-4004 Chief Business Officer (813) 272-4270 A 6.19 Hillsborough County Public Schools (Florida) * Mtg.#20140121_624 (Board Meeting)* Section A Item# 6.19 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1288 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 3 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8715-15 on third reading, amending the Community Development Code regarding numerous provisions. SUMMARY: Page 1 City of Clearwater Printed on 6/11/2015 ORDINANCE NO. 8715-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES; AMENDING APPENDIX A -SCHEDULE OFFEES, RATES AND CHARGES, XXVII, BUSINESS TAX, TO REMOVEERRONEOUS INFORMATION; AND BY MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BYAMENDING ARTICLE 2, CHART 2-100, TO ADD ENVIRONMENTAL PARKAS A PERMITTED USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF- STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703, 2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE 2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF- STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3, SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE4, SECTION 4-1202, TO MODIFY REQUIREMENTS PERTAINING TO THE PREPARATION OF TREE INVENTORIES;AMENDING ARTICLE 6, SECTION 6-102, TO PROVIDE AN EXCEPTION FOR AFFORDABLE HOUSING;AMENDING ARTICLE 7, SECTION 7-103, TO MODIFY LANGUAGE PERTAINING TO VIOLATIONS AND FINES; AMENDING ARTICLE 8, SECTION 8-102, TO MODIFY THE DEFINITIONS FOR DWELLING UNIT, MEDICAL CLINIC AND PROTECTED TREE, ADD DEFINITIONS FOR ENVIRONMENTAL PARK; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Chapter 1, General Provisions, Section 1.12, General Penalty; Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read as follows: Sec. 1.12. -General penalty; enforcement of civil infractions; continuing violations. * * * * * * * * * * (2)The ordinances contained in this CodeAny city ordinancemay be enforced through the municipal code enforcement board pursuant to the procedures contained in chapter 2, article III, division 9Article 7, Community Development Code. (3)Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508(Noise), Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), the ordinances contained in this Codeany city ordinancemay be enforced in accordance with the following procedures: * * * * * * * * * * Section 2.That Appendix A, Schedule of Fees, Rates and Charges, XXVIII., Business Tax, Code of Ordinances be amended to read as follows: APPENDIX A -SCHEDULE OF FEES, RATES AND CHARGES * * * * * * * * * * XXVIII.BUSINESS TAX: Category No.Sub-Category No.Category Fee * * * * * * * * * * 054.000 GUNS DEALER, includes repair (See note B and C, No home occupation; requires federal firearms license) 140.10 * * * * * * * * * * Notes: A.Requires approval by the city council. B.Requires city police department recommendation. The applicant shall complete a background information report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth insection 29.41and shall include a statement of the facts upon which the recommendation is based. C.Requires approval by the Planning Department. D.Requires inspection, approval or license of state or county authority. NOC -Not otherwise classified. * * * * * * * * * * Section 3.That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community Development Code be amended to read as follows: 3 CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Brewpubs X X X Cemeteries X Community gardens X X X X X X X X Comprehensive infill redevelopment project (CIRP)X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Environmental park X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Microbreweries X X Mixed use X X X X Nightclubs X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X 4 Open space X Outdoor recreation/entertainment X X X X Outdoor retail sales, displayand/or storage X Outdoor storage X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Planned medical campus X Planned medical campus project X Problematic uses X Public facility X X Publishingand printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Urban farms X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Section 4.That Article 2, Zoning Districts, Division 2, Low Medium Density Residential District, Section 2-204, Flexible Development, Community Development Code be amended to read as follows: 5 Section 2-204. -Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.)Max. Height (ft.) Min. Off-Street ParkingFrontSideRear (1) Attached Dwellings 10,000 100 25 5 15 30 2/unit Detached Dwellings 3,000- 5,000 25-50 15- 25 2-5 5-15 30 2/unit Non-Residential Off-Street Parking(3) n/a n/a 25 10 10 n/a n/a Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Residential Infill Projects (2)n/a n/a 10- 25 0-5 0-15 30 2/unit Schools 40,000 200 35 25 15 30 1/3 students (1)Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (2)The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-204(E). (3)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * Section 5.That Article 2, Zoning Districts, Division 3, Medium Density Residential District, Section 2-304, Flexible Development, Community Development Code be amended to read as follows: Section 2-304. -Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.)Max. Height (ft.) Min. Off-Street ParkingFrontSideRear (1) Assisted Living Facilities 20,000 100 25 5 10 30—50 1 per 2 residents 6 Attached Dwellings 10,000 100 25 5 10 30—50 2/unit Congregate Care 20,000 100 25 5 10 30—50 1 per 2 residents Non-Residential Off-Street Parking(3)n/a n/a 25 5 10 n/a n/a Overnight Accommodations 20,000 100 25 5 10 30—50 1/unit Parks and Recreational Facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Residential Infill Projects(2)n/a n/a 10— 25 0—5 0— 10 30—50 2/unit (1)The Building Code may require the rear setback to be as least 18 feet from any seawall. (2)The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 3-304(G). (3)Non-residential parking lots shall not exceed three acres. Any such use, alone or whenadded to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * Section 6.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 703, Flexible Standard Development, Community Development Code be amended to read as follows: Section 2-703. -Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. * * * * * * * * * * Flexibility criteria: * * * * * * * * * * F.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened fromadjacent properties by landscaped walls or fences. * * * * * * * * * * K.Microbreweries. * * * * * * * * * * 4.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls orfences. * * * * * * * * * * 7 Section 7.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 704, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * D.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * J.Microbreweries. * * * * * * * * * * 4.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 8.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802, Flexible Standard Development, Community Development Code be amended to read as follows: Section 2-802. -Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria setout in this section and other applicable provisions of Article 3. Table 2-802. "T" District Flexible Standard Development Standards Use1 Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height1 (ft.) Min. Setbacks (ft.) 1 Min. Off-Street ParkingMin. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Alcoholic Beverage Sales 5,000 50 35 10— 15 10 20 5 per 1,000 GFA Attached Dwellings(6)10,000 100 35—50 10— 15 10 10— 20 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA Brewpubs 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Governmental Uses(2)10,000 100 35—50 10— 15 0—10 10— 20 3—4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35—50 0—15 0—10 20 10 per 1,000 GFA Medical Clinic 10,000 100 35—50 10— 15 10 20 5/1,000 GFA 8 Mixed Use 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 Based upon specific use requirements Nightclubs 5,000 50 35 15 10 20 10 per 1,000 GFA Non-Residential Off-Street Parking(7) n/a n/a n/a 25 5 10 n/a Offices 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 10— 15 10 20 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 150 35—50 10— 15 0—10 10— 20 1.2 per unit Parking Garages and Lots 20,000 100 50 15— 25 10 10— 20 n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Resort Attached Dwellings(6)10,000 100 35—50 10— 15 10 10— 20 1.5 per unit Restaurants 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 7—12 spaces per 1,000 GFA(5) Retail Plazas 15,000 100 35—50 0—15 0—10 10— 20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35 -50 0—15 0—10 10— 20 4—5 spaces per 1,000 GFA(5) Social and Community Center 5,000— 10,000 50—100 35—50 10— 15 0—10 10— 20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4)n/a n/a n/a 25 10 10 n/a * * * * * * * * * * (7)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. Flexibility criteria: * * * ** * * * * * E.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. 9 * * * * * * * * * * Section 9.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 10.That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 11.That Article 2, Zoning Districts, Division 13, Industrial Research and Technology (IRT) District, Section 2-1303, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E.Microbreweries. * * * * * * * * * * 3.Any overheadloadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 12.That Article 2, Zoning Districts, Division 15, Preservation District, Community Development Code be amended to read as follows: * * * * * * * * * * Section 2-1502. -Flexible standard development. 10 Section 2-1502. –Minimum standard development. The following uses are Level One permitted uses in the P District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. "P" District Minimum Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.)Max. Height (ft.) Min. Off-Street ParkingFrontSideRear Environmental Park n/a n/a n/a n/a n/a n/a 1 per 40,000 SF land area Section 2-1503. -Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. * * * * * * * * * * Section 13.That Article 3, Development Standards, Division 8, Fences and Walls, Section 3-804, Height Requirements, Community Development Code be amended to read as follows: Section 3-804. -Height requirements. The following height requirements shall apply to all fences, and walls, except chain link fences. A.Front. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 3648inches with the following exceptions: * * * * * * * * * * Section 14.That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development Code be amended to read as follows: Section 3-1406. -Off-street loading and vehicle stacking spaces. A.Off-street loading: * * * * * * * * * * 2.Guidelines: The following table sets forth the guidelines to be used in determining the adequacy of off-street loading for all proposed development, except for such development within the Downtown (D) and Tourist (T)districts where such facilities are not required: Use or Use Category:Gross Floor Area (in square feet) or Units Loading Spaces Required IndustrialLight assembly, manufacturing, microbreweries, research and technology, and wholesale/ distribution/ warehouse facility 5,000—15,000 sq. ft. 15,001—50,000 sq. ft. 50,001—100,000 sq. ft. Each additional 100,000 sq. ft. One space Two spaces Three spaces One additional space Offices 8,000—20,000 sq. ft. 20,001—100,000 sq. ft. One space Two spaces 11 More than 100,000 sq. ft.Three spaces Overnight accommodations not associated with restaurants, meeting/conference rooms or other similar facility N/A None Overnight accommodations associated with restaurants, meeting / conference rooms or other similar facility N/A One space Brewpubs,Retail sales and service, and restaurants 6,000—20,000 sq. ft. 20,001—100,000 sq. ft. Each additional 50,000 sq. ft. One space Two spaces One additional space * * * * * * * * * * Section 15.That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to read as follows: Section 3-1409. -Handicapped parking spaces. A.All new or expanded uses shall be provided with handicapped parking spaces based upon the number of spaces required to serve the new or expanded use, as follows: Total Spaces Required in Parking Lot Number of Handicapped Spaces 1 –25 1 26 –50 2 51 –75 3 76 –100 4 101 –150 5 151 –200 6 201 –300 7 301 –400 8 401 –500 9 501 –1,000 2 percent of total Over 1,000 20 plus 1 for each 100 over 1,000 All handicapped parking spaces shall be conspicuously outlined in blue paint and posted and maintained with permanent above-grade signs of a color and design consistent with standards established by the Florida Department of Transportation, bearing the international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT ONLY". The required number of handicapped parking spaces shallbe included in the total number of parking spaces required for the new or expanded use. All handicapped parking spaces shall be designed and located in accordance with the standards set forth in F.S. § 316.1955(3), as may be amended from time to time. B.For those properties that are currently developed, but are not in compliance with the above requirements, the number of off-street parking spaces may be reduced below the quantity which would otherwise be required pursuant to Article 2 as part of a Level One (minimum standard) approvalin order to achieve compliance with Section 3-1409.A., above. Under no circumstances shall the number of off-street parking spaces being reduced be greater than the minimum necessary to achieve compliance. * * * * * * * * * * 12 Section 16.That Article 3, Development Standards, Division 18, Signs, Section 3- 1805, Community Development Code, be amended to read as follows: Section 3-1805. -General standards. * * * * * * * * * * C.Illuminated signs. * * * * * * * * * * 5.The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports or awnings, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. * * * * * * * * * * Section 17.That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-1202, Removal Permit -Application, Community Development Code be amended to read as follows: Section 4-1202. -Removal permit–Application. Any person who is required by this division to obtain a permit to remove a tree or palm shall make written application to the community development coordinator on application forms to be provided, accompanied by the fee required by Section 4-202(E) and including the following documentation: A.Requirements for multi-family and all non-residential properties, and subdivisions. 1.A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, and parking areas and other improvements. 2.A tree inventory, prepared by a certified arborist, of allshadetrees four inches DBH and greater,accent trees two inches DBH and greater, and any other tree as part of an approved landscape planspecifying the size, canopy, and condition of such trees. * * * * * * * * * * Section 18.That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming Structures, Community Development Code be amended to read as follows: Section 6-102. -Nonconforming structures. * * * * * * * * * * 13 B.Normal repair and maintenance, such as painting,cleaning, and repairing of same nonconformity may be performed on nonconforming structures. However, nonconforming structures shall be made to fully comply with the provisions of this Code, provided the cost of repair of any structure or improvement at any time exceeds 50 percent of the assessed value of the entire structure. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure or site improvement is destroyed or damaged. * * * * * * * * * * D.Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored if a complete and legally sufficient application for all required permits to repair or restore the damage is submitted within six months of the date of the damage. Any nonconforming structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this Development Code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damageor destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. * * * * * * * * * * F.Exemption: Any nonconforming structure that is used for affordable housingmay be exempted from subsections B or D, above, subject to approval of a Level One (flexible standard) application, and provided that the following criteria are satisfied: 1.The exemptionwill only apply to a bona fide affordable housing project as verified by the City’s Economic Development & Housing Department;and 2.The exemptionwill not apply to a structure in any area of special flood hazard which is not elevated or flood-proofed to National Flood Insurance Program standards, as set forth in 44 CFR 59 and 60;and 3.The exemptionwill not be contrary to the public interest;and 4.The exemptionwill not be contrary to the Florida Building Code or related requirements to protect public safety;and 5.The exemptionwould have the effect of reducing the number of nonconforming features of the structure or site or of reducing the degree of nonconformity of one or more non-conforming feature(s) of the structure or site; and 6.The repair, alteration, or enlargement of the nonconforming structure would provide for affordable housing consistent with the required covenants to maintain affordability as set forthin Section3-920.A.4. Section 19.That Article 7, Enforcement Proceedings and Penalties, Section 7-103, Remedies; Penalties, Community Development Code be amended to read as follows: Section 7-103. -Remedies; penalties. * * * * * * * * * * 14 B.Fines. Upon being notified by the code inspector that an order issued by the special master or municipal code enforcement board has not been complied with within the time established in such order or upon finding that a repeat violation has been committed, the special master or municipal code enforcement board shall order the violator to pay a fine to the city for each day the violation continues past the compliance date established in its order or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date of the issuance of the notice of violationthe repeat violation is found to have occurred by the code inspector. Any fine the special master or municipal code enforcement board imposes pursuant to this section shall not exceed $250.00 per day for a first violation or $500.00 per day for a repeat violation. If the municipal code enforcement board finds aviolation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. * * * * * * * * * * D.Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1, Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates any provision of Article 3 Division 12 shall be required, as applicable, to: 1.Restore the vegetative buffer to itsnatural state; or 2.Pay to the city a civil penaltyfineequal to the total value of thoseeach protected tree or palmtreesillegally removed or damaged. The fine shall be $48.00 per inch of DBH (or diameter of remaining stump), up to $5,000.00 per protected tree or palm where it is found that the violation is irreparable or irreversible in nature. The illegal removal of a Specimen tree is deemed to be an irreparable and irreversible violation, subject to a fine of up to $15,000.00.as computed by the International Society of Arboriculture shade tree value formula. Such sum shall accrue to the city and may be recovered in a civil action brought by the city. Such sum so collected shall be placed in a fund for the tree bank and shall be expended for the purchase of trees for replacement in public properties within the city; and/or 3.Replace illegally removed trees at the owner's expense. Such replacement will be computed on an inch-for-inch basis according to the total inches of DBH (or diameter of remaining stump)of all illegally removed trees; and * * * * * * * * * * Section 20.That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code be amended to read as follows: * * * * * * * * * * Dwelling unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, sanitationand complete kitchen facilities. A dwelling unit located on residentially zoned property shall be used only for a residential use, unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional ownership, or as a timesharing unit. * * * * * * * * * * Environmental park means a recreational areathat is typically dependent on natural resources and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site and are compatible with natural and/or cultural resource protection. Uses include, but are not limited to, picnicking, hiking on multipurpose trails and/or boardwalks, outdoor educational 15 nature studies, kayaking/canoeing and launch facilities for same, wildlife viewing, horseback riding on trails, and/or fishing. * * * * * * * * * * Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by two or more doctorspersons practicing any health services to individuals, whether such persons be medical doctors, chiropractors, psychiatrists psychologists, social workers, physical therapists, dentists or any such profession,the practice of which is lawful in the state and in the city.This definition does not include a place for the treatment of animals nor does it include psychologists, socialworkers, massage therapists, and physical therapists. * * * * * * * * * * Protected tree means any nonhazardous tree other than a prohibited tree of four inches DBH or greater.shade tree four inches DBH or greater, and any accent tree two inches DBH or greater, and any tree or palm as part of an approved landscape plan, but excluding all hazardous and prohibited trees. * * * * * * * * * * Section 21.Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 22.The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 23.Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 24.Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 25.This ordinance shall take effect immediately upon adoption. 16 PASSED ON FIRST READING ____________________________ AS AMENDED PASSED ON SECOND ____________________________ READING PASSED ON THIRD AND FINAL READING ____________________________ ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk MOTION TO AMEND ORDINANCE NO. 8715-15ON FIRST READING On page 1, amend the title of the ordinance to remove the following language: AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVELONE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE APPLICATIONS; On page 12 through 14, delete Section 17 and Section 18, and renumber all subsequent sections accordingly. ______________________________ Pamela K. Akin City Attorney May 21, 2015 MOTION TO AMEND ORDINANCE NO. 8715-15ON FIRST READING On page 1, amend the title of the ordinance to remove the following language: AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVELONE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE APPLICATIONS; On page 12 through 14, delete Section 17 and Section 18, and renumber all subsequent sections accordingly. ______________________________ Pamela K. Akin City Attorney May 21, 2015 ORDINANCE NO. 8715-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES; AMENDING APPENDIX A -SCHEDULE OFFEES, RATES AND CHARGES, XXVII, BUSINESS TAX, TO REMOVEERRONEOUS INFORMATION; AND BY MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BYAMENDING ARTICLE 2, CHART 2-100, TO ADD ENVIRONMENTAL PARKAS A PERMITTED USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF- STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703, 2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE 2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF- STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3, SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE4, SECTION 4-1202, TO MODIFY REQUIREMENTS PERTAINING TO THE PREPARATION OF TREE INVENTORIES;AMENDING ARTICLE 6, SECTION 6-102, TO PROVIDE AN EXCEPTION FOR AFFORDABLE HOUSING;AMENDING ARTICLE 7, SECTION 7-103, TO MODIFY LANGUAGE PERTAINING TO VIOLATIONS AND FINES; AMENDING ARTICLE 8, SECTION 8-102, TO MODIFY THE DEFINITIONS FOR DWELLING UNIT, MEDICAL CLINIC AND PROTECTED TREE, ADD DEFINITIONS FOR ENVIRONMENTAL PARK; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Chapter 1, General Provisions, Section 1.12, General Penalty; Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read as follows: Sec. 1.12. -General penalty; enforcement of civil infractions; continuing violations. * * * * * * * * * * (2)The ordinances contained in this CodeAny city ordinancemay be enforced through the municipal code enforcement board pursuant to the procedures contained in chapter 2, article III, division 9Article 7, Community Development Code. (3)Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508(Noise), Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), the ordinances contained in this Codeany city ordinancemay be enforced in accordance with the following procedures: * * * * * * * * * * Section 2.That Appendix A, Schedule of Fees, Rates and Charges, XXVIII., Business Tax, Code of Ordinances be amended to read as follows: APPENDIX A -SCHEDULE OF FEES, RATES AND CHARGES * * * * * * * * * * XXVIII.BUSINESS TAX: Category No.Sub-Category No.Category Fee * * * * * * * * * * 054.000 GUNS DEALER, includes repair (See note B and C, No home occupation; requires federal firearms license) 140.10 * * * * * * * * * * Notes: A.Requires approval by the city council. B.Requires city police department recommendation. The applicant shall complete a background information report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth insection 29.41and shall include a statement of the facts upon which the recommendation is based. C.Requires approval by the Planning Department. D.Requires inspection, approval or license of state or county authority. NOC -Not otherwise classified. * * * * * * * * * * Section 3.That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community Development Code be amended to read as follows: 3 CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Brewpubs X X X Cemeteries X Community gardens X X X X X X X X Comprehensive infill redevelopment project (CIRP)X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Environmental park X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Microbreweries X X Mixed use X X X X Nightclubs X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X 4 Open space X Outdoor recreation/entertainment X X X X Outdoor retail sales, display and/or storage X Outdoor storage X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Planned medical campus X Planned medical campus project X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Urban farms X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Section 4.That Article 2, Zoning Districts, Division 2, Low Medium Density Residential District, Section 2-204, Flexible Development, Community Development Code be amended to read as follows: 5 Section 2-204. -Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.)Max. Height (ft.) Min. Off-Street ParkingFrontSideRear (1) Attached Dwellings 10,000 100 25 5 15 30 2/unit Detached Dwellings 3,000- 5,000 25-50 15- 25 2-5 5-15 30 2/unit Non-Residential Off-Street Parking(3) n/a n/a 25 10 10 n/a n/a Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Residential Infill Projects (2)n/a n/a 10- 25 0-5 0-15 30 2/unit Schools 40,000 200 35 25 15 30 1/3 students (1)Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (2)The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-204(E). (3)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * Section 5.That Article 2, Zoning Districts, Division 3, Medium Density Residential District, Section 2-304, Flexible Development, Community Development Code be amended to read as follows: Section 2-304. -Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.)Max. Height (ft.) Min. Off-Street ParkingFrontSideRear (1) Assisted Living Facilities 20,000 100 25 5 10 30—50 1 per 2 residents 6 Attached Dwellings 10,000 100 25 5 10 30—50 2/unit Congregate Care 20,000 100 25 5 10 30—50 1 per 2 residents Non-Residential Off-Street Parking(3)n/a n/a 25 5 10 n/a n/a Overnight Accommodations 20,000 100 25 5 10 30—50 1/unit Parks and Recreational Facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Residential Infill Projects(2)n/a n/a 10— 25 0—5 0— 10 30—50 2/unit (1)The Building Code may require the rear setback to be as least 18 feet from any seawall. (2)The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 3-304(G). (3)Non-residential parking lots shall not exceed three acres. Any such use, alone or whenadded to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * Section 6.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 703, Flexible Standard Development, Community Development Code be amended to read as follows: Section 2-703. -Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. * * * * * * * * * * Flexibility criteria: * * * * * * * * * * F.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened fromadjacent properties by landscaped walls or fences. * * * * * * * * * * K.Microbreweries. * * * * * * * * * * 4.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls orfences. * * * * * * * * * * 7 Section 7.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 704, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * D.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * J.Microbreweries. * * * * * * * * * * 4.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 8.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802, Flexible Standard Development, Community Development Code be amended to read as follows: Section 2-802. -Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-802. "T" District Flexible Standard Development Standards Use1 Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height1 (ft.) Min. Setbacks (ft.) 1 Min. Off-Street ParkingMin. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Alcoholic Beverage Sales 5,000 50 35 10— 15 10 20 5 per 1,000 GFA Attached Dwellings(6)10,000 100 35—50 10— 15 10 10— 20 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA Brewpubs 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Governmental Uses(2)10,000 100 35—50 10— 15 0—10 10— 20 3—4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35—50 0—15 0—10 20 10 per 1,000 GFA Medical Clinic 10,000 100 35—50 10— 15 10 20 5/1,000 GFA 8 Mixed Use 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 Based upon specific use requirements Nightclubs 5,000 50 35 15 10 20 10 per 1,000 GFA Non-Residential Off-Street Parking(7) n/a n/a n/a 25 5 10 n/a Offices 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 10— 15 10 20 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 150 35—50 10— 15 0—10 10— 20 1.2 per unit Parking Garages and Lots 20,000 100 50 15— 25 10 10— 20 n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Resort Attached Dwellings(6)10,000 100 35—50 10— 15 10 10— 20 1.5 per unit Restaurants 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 7—12 spaces per 1,000 GFA(5) Retail Plazas 15,000 100 35—50 0—15 0—10 10— 20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35 -50 0—15 0—10 10— 20 4—5 spaces per 1,000 GFA(5) Social and Community Center 5,000— 10,000 50—100 35—50 10— 15 0—10 10— 20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4)n/a n/a n/a 25 10 10 n/a * * * * * * * * * * (7)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. Flexibility criteria: * * * ** * * * * * E.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. 9 * * * * * * * * * * Section 9.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E.Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 10.That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Brewpubs. * * * * * * * * * * 2.Any overhead loadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 11.That Article 2, Zoning Districts, Division 13, Industrial Research and Technology (IRT) District, Section 2-1303, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E.Microbreweries. * * * * * * * * * * 3.Any overheadloadingdoors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 12.That Article 2, Zoning Districts, Division 15, Preservation District, Community Development Code be amended to read as follows: * * * * * * * * * * Section 2-1502. -Flexible standard development. 10 Section 2-1502. –Minimum standard development. The following uses are Level Onepermitted uses in the P District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. "P" District Minimum Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.)Max. Height (ft.) Min. Off-Street ParkingFrontSideRear Environmental Park n/a n/a n/a n/a n/a n/a 1 per 40,000 SF land area Section 2-1503. -Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. * * * * * * * * * * Section 13.That Article 3, Development Standards, Division 8, Fences and Walls, Section 3-804, Height Requirements, Community Development Code be amended to read as follows: Section 3-804. -Height requirements. The following height requirements shall apply to all fences, and walls, except chain link fences. A.Front. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 3648inches with the following exceptions: * * * * * * * * * * Section 14.That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development Code be amended to read as follows: Section 3-1406. -Off-street loading and vehicle stacking spaces. A.Off-street loading: * * * * * * * * * * 2.Guidelines: The following table sets forth the guidelines to be used in determining the adequacy of off-street loading for all proposed development, except for such development within the Downtown (D) and Tourist (T) districts where such facilities are not required: Use or Use Category:Gross Floor Area (in square feet) or Units Loading Spaces Required IndustrialLight assembly, manufacturing, microbreweries, research and technology, and wholesale/ distribution/ warehouse facility 5,000—15,000 sq. ft. 15,001—50,000sq. ft. 50,001—100,000 sq. ft. Each additional 100,000 sq. ft. One space Two spaces Three spaces One additional space Offices 8,000—20,000 sq. ft. 20,001—100,000 sq. ft. One space Two spaces 11 More than 100,000 sq. ft.Three spaces Overnight accommodations not associated with restaurants, meeting/conference rooms or other similar facility N/A None Overnight accommodations associated with restaurants, meeting / conference rooms or other similar facility N/A One space Brewpubs,Retail sales and service, and restaurants 6,000—20,000 sq. ft. 20,001—100,000 sq. ft. Each additional 50,000 sq. ft. One space Two spaces One additional space * * * * * * * * * * Section 15.That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to read as follows: Section 3-1409. -Handicapped parking spaces. A.All new or expanded uses shallbe provided with handicapped parking spaces based upon the number of spaces required to serve the new or expanded use, as follows: Total Spaces Required in Parking Lot Number of Handicapped Spaces 1 –25 1 26 –50 2 51 –75 3 76 –100 4 101 –150 5 151 –200 6 201 –300 7 301 –400 8 401 –500 9 501 –1,000 2 percent of total Over 1,000 20 plus 1 for each 100 over 1,000 All handicapped parking spaces shall be conspicuously outlined in blue paint and posted and maintained with permanent above-grade signs of a color and design consistent with standards established by the Florida Department of Transportation, bearing the international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT ONLY". The required number of handicapped parking spaces shall be included in the total number of parking spaces required for the new or expanded use. All handicapped parking spaces shall be designed and located in accordance with the standards set forth in F.S. § 316.1955(3), as may be amendedfrom time to time. B.For those properties that are currently developed, but are not in compliance with the above requirements, the number of off-street parking spaces may be reduced below the quantity which would otherwise be required pursuant to Article2 as part of a Level One (minimum standard) approvalin order to achieve compliance with Section 3-1409.A., above. Under no circumstances shall the number of off-street parking spaces being reduced be greater than the minimum necessary to achieve compliance. * * * * * * * * * * 12 Section 16.That Article 3, Development Standards, Division 18, Signs, Section 3- 1805, Community Development Code, be amended to read as follows: Section 3-1805. -General standards. * * * * * * * * * * C.Illuminated signs. * * * * * * * * * * 5.The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports or awnings, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. * * * * * * * * * * Section 17.That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-1202, Removal Permit -Application, Community Development Code be amended to read as follows: Section 4-1202. -Removal permit–Application. Any person who is required by this division to obtain a permit to remove a tree or palm shall make written application to the community development coordinator on application forms to be provided, accompanied by the fee required by Section 4-202(E) and including the following documentation: A.Requirements for multi-family and all non-residential properties, and subdivisions. 1.A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, andparking areas and other improvements. 2.A tree inventory, prepared by a certified arborist, of allshadetrees four inches DBH and greater,accent trees two inches DBH and greater, and any other tree as part of an approved landscape planspecifying the size, canopy, and condition of such trees. * * * * * * * * * * Section 18.That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming Structures, Community Development Code be amended to read as follows: Section 6-102. -Nonconforming structures. * * * * * * * * * * 13 B.Normal repair and maintenance, such as painting, cleaning, and repairing of same nonconformity may be performed on nonconforming structures. However, nonconforming structures shall be made to fully comply with the provisions of this Code, provided the cost of repair of any structure or improvement at any time exceeds 50 percent of the assessed value of the entire structure. Assessed value shall be determined by reference to the official property tax assessmentrolls for the year the structure or site improvement is destroyed or damaged. * * * * * * * * * * D.Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored if a complete and legally sufficient application for all required permits torepair or restore the damage is submitted within six months of the date of the damage. Any nonconforming structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this Development Code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. * * * * * * * * * * F.Exemption: Any nonconforming structure that is used for affordable housingmay be exempted from subsections B or D, above, subject to approval of a Level One (flexible standard) application, and provided that the following criteria are satisfied: 1.The exemptionwill only apply to a bona fide affordable housing project as verified by the City’s Economic Development & Housing Department;and 2.The exemptionwill not apply to a structure in any area of special flood hazard which is not elevated or flood-proofed to National Flood Insurance Program standards, as set forth in 44 CFR59 and 60;and 3.The exemptionwill not be contrary to the public interest;and 4.The exemptionwill not be contrary to the Florida Building Code or related requirements to protect public safety;and 5.The exemptionwould have the effect of reducing the number of nonconforming features of the structure or site or of reducing the degree of nonconformity of one or more non-conforming feature(s) of the structure or site; and 6.The repair, alteration, or enlargement of the nonconforming structure would provide for affordable housing consistent with the required covenants to maintain affordability as set forthin Section3-920.A.4. Section 19.That Article 7, Enforcement Proceedings and Penalties, Section 7-103, Remedies; Penalties, Community Development Code be amended to read as follows: Section 7-103. -Remedies; penalties. * * * * * * * * * * 14 B.Fines. Upon being notified by the code inspector that an order issued by the special master or municipal code enforcement board has not been complied with within the time established in such order or upon finding that a repeat violation has been committed, the special master or municipal code enforcement board shall order the violator to pay a fine to the city for each day the violation continues past the compliance date established in its order or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date of the issuance of the notice of violationthe repeat violation is found to have occurred by the code inspector. Any fine the special master or municipal code enforcement board imposes pursuant to this section shall not exceed $250.00 per day for a first violation or $500.00 per day for a repeat violation. If the municipal code enforcement board finds aviolation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. * * * * * * * * * * D.Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1, Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates any provision of Article 3 Division 12 shall be required, as applicable, to: 1.Restore the vegetative buffer to itsnatural state; or 2.Pay to the city a civil penaltyfineequal to the total value of thoseeach protected tree or palmtreesillegally removed or damaged. The fine shall be $48.00 per inch of DBH (or diameter of remaining stump),up to $5,000.00 per protected tree or palm where it is found that the violation is irreparable or irreversible in nature. The illegal removal of a Specimen tree is deemed to be an irreparable and irreversible violation, subject to a fine of up to $15,000.00.as computed by the International Society of Arboriculture shade tree value formula. Such sum shall accrue to the city and may be recovered in a civil action brought by the city. Such sum so collected shall be placed in a fund for the tree bank and shall be expended for the purchase of trees for replacement in public properties within the city; and/or 3.Replace illegally removed trees at the owner's expense. Such replacement will be computed on an inch-for-inch basis according to the total inches of DBH (or diameter of remaining stump)of all illegally removed trees; and * * * * * * * * * * Section 20.That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code be amended to read as follows: * * ** * * * * * * Dwelling unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, sanitationand complete kitchen facilities. A dwelling unit located on residentially zoned property shall be used only for a residential use, unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional ownership, or as a timesharing unit. * * * * * * * * * * Environmental park means a recreational areathat is typically dependent on natural resources and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site and are compatible with natural and/or cultural resource protection. Uses include, but are not limited to, picnicking, hiking on multipurpose trails and/or boardwalks, outdoor educational 15 nature studies, kayaking/canoeing and launch facilities for same, wildlife viewing, horseback riding on trails, and/or fishing. * * * * * * * * * * Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by two or more doctorspersons practicing any health services to individuals, whether such persons be medical doctors, chiropractors, psychiatrists psychologists, social workers, physical therapists, dentists or any such profession,the practice of which is lawful in the state and in the city.This definition does not include a place for the treatment of animals nor does it include psychologists, socialworkers, massage therapists, and physical therapists. * * * * * * * * * * Protected tree means any nonhazardous tree other than a prohibited tree of four inches DBH or greater.shadetree four inches DBH or greater, and any accent tree two inches DBH or greater, and any tree or palm as part of an approved landscape plan, but excluding all hazardous and prohibited trees. * * * * * * * * * * Section 21.Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 22.The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 23.Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 24.Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 25.This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ AS AMENDED PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ 16 Camilo Soto Rosemarie Call Assistant City Attorney City Clerk ORDINANCE NO. 8715-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES; AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES, XXVII, BUSINESS TAX, TO REMOVE ERRONEOUS INFORMATION; AND BY MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, CHART 2-100, TO ADD ENVIRONMENTAL PARK AS A PERMITTED USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF- STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703, 2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE 2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF- STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3, SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVEL ONE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-1202, TO MODIFY REQUIREMENTS PERTAINING TO THE PREPARATION OF TREE INVENTORIES; AMENDING ARTICLE 6, SECTION 6-102, TO PROVIDE AN EXCEPTION FOR AFFORDABLE HOUSING; AMENDING ARTICLE 7, SECTION 7-103, TO MODIFY LANGUAGE PERTAINING TO VIOLATIONS AND FINES; AMENDING ARTICLE 8, SECTION 8-102, TO MODIFY THE DEFINITIONS FOR DWELLING UNIT, MEDICAL CLINIC AND PROTECTED TREE, ADD DEFINITIONS FOR ENVIRONMENTAL PARK; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, public notice for private development applications is currently provided at the cost of the public, the City of Clearwater finds it to be desirable that the applicant become responsible for the provision of public notice for development applications; and 2 WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 1, General Provisions, Section 1.12, General Penalty; Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read as follows: Sec. 1.12. - General penalty; enforcement of civil infractions; continuing violations. * * * * * * * * * * (2) The ordinances contained in this Code Any city ordinance may be enforced through the municipal code enforcement board pursuant to the procedures contained in chapter 2, article III, division 9 Article 7, Community Development Code. (3) Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508 (Noise), Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), the ordinances contained in this Code any city ordinance may be enforced in accordance with the following procedures: * * * * * * * * * * Section 2. That Appendix A, Schedule of Fees, Rates and Charges, XXVIII., Business Tax, Code of Ordinances be amended to read as follows: APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES * * * * * * * * * * XXVIII. BUSINESS TAX: Category No. Sub-Category No. Category Fee * * * * * * * * * * 054.000 GUNS DEALER, includes repair (See note B and C, No home occupation; requires federal firearms license) 140.10 * * * * * * * * * * Notes: A. Requires approval by the city council. B. Requires city police department recommendation. The applicant shall complete a background information report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth in section 29.41 and shall include a statement of the facts upon which the recommendation is based. C. Requires approval by the Planning Department. 3 D. Requires inspection, approval or license of state or county authority. NOC - Not otherwise classified. * * * * * * * * * * Section 3. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community Development Code be amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Brewpubs X X X Cemeteries X Community gardens X X X X X X X X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Environmental park X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X 4 Microbreweries X X Mixed use X X X X Nightclubs X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X Outdoor retail sales, display and/or storage X Outdoor storage X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Planned medical campus X Planned medical campus project X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Urban farms X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X 5 Wholesale/distribution/warehouse facility X Section 4. That Article 2, Zoning Districts, Division 2, Low Medium Density Residential District, Section 2-204, Flexible Development, Community Development Code be amended to read as follows: Section 2-204. - Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear (1) Attached Dwellings 10,000 100 25 5 15 30 2/unit Detached Dwellings 3,000- 5,000 25-50 15- 25 2-5 5-15 30 2/unit Non-Residential Off-Street Parking (3) n/a n/a 25 10 10 n/a n/a Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Residential Infill Projects (2) n/a n/a 10- 25 0-5 0-15 30 2/unit Schools 40,000 200 35 25 15 30 1/3 students (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (2) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-204(E). (3) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * Section 5. That Article 2, Zoning Districts, Division 3, Medium Density Residential District, Section 2-304, Flexible Development, Community Development Code be amended to read as follows: Section 2-304. - Flexible development. 6 The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear (1) Assisted Living Facilities 20,000 100 25 5 10 30—50 1 per 2 residents Attached Dwellings 10,000 100 25 5 10 30—50 2/unit Congregate Care 20,000 100 25 5 10 30—50 1 per 2 residents Non-Residential Off-Street Parking (3) n/a n/a 25 5 10 n/a n/a Overnight Accommodations 20,000 100 25 5 10 30—50 1/unit Parks and Recreational Facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Residential Infill Projects(2) n/a n/a 10— 25 0—5 0— 10 30—50 2/unit (1) The Building Code may require the rear setback to be as least 18 feet from any seawall. (2) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 3-304(G). (3) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * Section 6. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 703, Flexible Standard Development, Community Development Code be amended to read as follows: Section 2-703. - Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. * * * * * * * * * * Flexibility criteria: * * * * * * * * * * F. Brewpubs. * * * * * * * * * * 2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * 7 K. Microbreweries. * * * * * * * * * * 4. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 7. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 704, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * D. Brewpubs. * * * * * * * * * * 2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * J. Microbreweries. * * * * * * * * * * 4. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 8. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802, Flexible Standard Development, Community Development Code be amended to read as follows: Section 2-802. - Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-802. "T" District Flexible Standard Development Standards Use1 Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height1 (ft.) Min. Setbacks (ft.) 1 Min. Off-Street Parking Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Alcoholic Beverage Sales 5,000 50 35 10— 15 10 20 5 per 1,000 GFA Attached Dwellings(6) 10,000 100 35—50 10— 15 10 10— 20 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA Brewpubs 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA 8 for all other use area Governmental Uses(2) 10,000 100 35—50 10— 15 0—10 10— 20 3—4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35—50 0—15 0—10 20 10 per 1,000 GFA Medical Clinic 10,000 100 35—50 10— 15 10 20 5/1,000 GFA Mixed Use 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 Based upon specific use requirements Nightclubs 5,000 50 35 15 10 20 10 per 1,000 GFA Non-Residential Off-Street Parking (7) n/a n/a n/a 25 5 10 n/a Offices 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 10— 15 10 20 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 150 35—50 10— 15 0—10 10— 20 1.2 per unit Parking Garages and Lots 20,000 100 50 15— 25 10 10— 20 n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Resort Attached Dwellings(6) 10,000 100 35—50 10— 15 10 10— 20 1.5 per unit Restaurants 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 7—12 spaces per 1,000 GFA(5) Retail Plazas 15,000 100 35—50 0—15 0—10 10— 20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35 - 50 0—15 0—10 10— 20 4—5 spaces per 1,000 GFA(5) Social and Community Center 5,000— 10,000 50—100 35—50 10— 15 0—10 10— 20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a * * * * * * * * * * (7) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. 9 Flexibility criteria: * * * * * * * * * * E. Brewpubs. * * * * * * * * * * 2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Brewpubs. * * * * * * * * * * 2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 10. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Brewpubs. * * * * * * * * * * 2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * Section 11. That Article 2, Zoning Districts, Division 13, Industrial Research and Technology (IRT) District, Section 2-1303, Community Development Code be amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Microbreweries. * * * * * * * * * * 3. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. * * * * * * * * * * 10 Section 12. That Article 2, Zoning Districts, Division 15, Preservation District, Community Development Code be amended to read as follows: * * * * * * * * * * Section 2-1502. - Flexible standard development. Section 2-1502. – Minimum standard development. The following uses are Level One permitted uses in the P District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. "P" District Minimum Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Environmental Park n/a n/a n/a n/a n/a n/a 1 per 40,000 SF land area Section 2-1503. - Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. * * * * * * * * * * Section 13. That Article 3, Development Standards, Division 8, Fences and Walls, Section 3-804, Height Requirements, Community Development Code be amended to read as follows: Section 3-804. - Height requirements. The following height requirements shall apply to all fences, and walls, except chain link fences. A. Front. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 48 inches with the following exceptions: * * * * * * * * * * Section 14. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development Code be amended to read as follows: Section 3-1406. - Off-street loading and vehicle stacking spaces. A. Off-street loading: * * * * * * * * * * 2. Guidelines: The following table sets forth the guidelines to be used in determining the adequacy of off-street loading for all proposed development, except for such development within the Downtown (D) and Tourist (T) districts where such facilities are not required: Use or Use Category: Gross Floor Area (in square Loading Spaces Required 11 feet) or Units Industrial Light assembly, manufacturing, microbreweries, research and technology, and wholesale/ distribution/ warehouse facility 5,000—15,000 sq. ft. 15,001—50,000 sq. ft. 50,001—100,000 sq. ft. Each additional 100,000 sq. ft. One space Two spaces Three spaces One additional space Offices 8,000—20,000 sq. ft. 20,001—100,000 sq. ft. More than 100,000 sq. ft. One space Two spaces Three spaces Overnight accommodations not associated with restaurants, meeting/conference rooms or other similar facility N/A None Overnight accommodations associated with restaurants, meeting / conference rooms or other similar facility N/A One space Brewpubs, Retail sales and service, and restaurants 6,000—20,000 sq. ft. 20,001—100,000 sq. ft. Each additional 50,000 sq. ft. One space Two spaces One additional space * * * * * * * * * * Section 15. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to read as follows: Section 3-1409. - Handicapped parking spaces. A. All new or expanded uses shall be provided with handicapped parking spaces based upon the number of spaces required to serve the new or expanded use, as follows: Total Spaces Required in Parking Lot Number of Handicapped Spaces 1 – 25 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 150 5 151 – 200 6 201 – 300 7 301 – 400 8 401 – 500 9 501 – 1,000 2 percent of total Over 1,000 20 plus 1 for each 100 over 1,000 All handicapped parking spaces shall be conspicuously outlined in blue paint and posted and maintained with permanent above-grade signs of a color and design consistent with standards established by the Florida Department of Transportation, bearing the international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT ONLY". The required number of handicapped parking spaces shall be included in the total number of parking spaces required for the new or expanded use. All handicapped parking spaces shall be designed and located in accordance with the standards set forth in F.S. § 316.1955(3), as may be amended from time to time. B. For those properties that are currently developed, but are not in compliance with the above requirements, the number of off-street parking spaces may be reduced below the 12 quantity which would otherwise be required pursuant to Article 2 as part of a Level One (minimum standard) approval in order to achieve compliance with Section 3-1409.A., above. Under no circumstances shall the number of off-street parking spaces being reduced be greater than the minimum necessary to achieve compliance. * * * * * * * * * * Section 16. That Article 3, Development Standards, Division 18, Signs, Section 3- 1805, Community Development Code, be amended to read as follows: Section 3-1805. - General standards. * * * * * * * * * * C. Illuminated signs. * * * * * * * * * * 5. The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports or awnings, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. * * * * * * * * * * Section 17. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-202, Applications for Development Approval, Community Development Code be amended to read as follows: * * * * * * * * * * C. Determination of completeness. 1. Determination of completeness. Within seven working days after the published application deadline, the community development coordinator shall determine whether an application is complete. * * * * * * * * * * b. Notice to abutting property owners. When the community development coordinator has accepted an application for level one approval (flexible standard development) for filing, he shall immediately notify the owners of the property within 200 feet of the property, excluding any water bodies within that distance, which is the subject of the application and any affected neighborhood association and any citywide neighborhood association in writing that an application has been filed, the nature of the approval requested and the procedure for consideration of the application, as well as the right of the owner to appeal a decision. b. Notice to abutting property owners. After the community development coordinator has accepted a Level One (flexible standard development) application for filing, the applicant shall mail notice of the application to each owner of record of any land within a 200-foot radius of the perimeter boundaries of the subject property. Notice shall also be mailed to any 13 affected registered local neighborhood association and to any citywide neighborhood association. Notice shall be provided no less than ten days prior to the review of the application before the Development Review Committee (determination of sufficiency). All notices shall include a summary of the proposal under consideration, the procedure for consideration of the application, the address of the subject property, and contact information for both the applicant and the City. The applicant shall be required to provide a mailing list of the area within the radius prescribed above to the city with an affidavit affirming the mailing was sent in accordance with this section or bearing written verification by the U.S. Postal Service on the date of mailing. * * * * * * * * * * Section 18. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-206, Notices and Public Hearings, Community Development Code be amended to read as follows: * * * * * * * * * * C. Notice of hearings. The city clerk is applicant shall be responsible for providing notices for all required public hearings: with the exception of notices for annexations and historic designations where notice shall be provided by the City Clerk. 1. All notices of public hearings shall include: a. The date, time and place of the hearing. b. A summary of the proposal under consideration. c. The address of the property and a locational map graphically portraying the location of the property (if applicable required by Florida Statute). d. A contact in the city and telephone number in order to obtain further information. 2. All notices of public hearings shall be provided: a. By publication of a copy of the notice in one or more newspapers with general circulation in the City of Clearwater. b. By sending a copy of the notice by mail to each owner of record, if different from the applicant, of any land on which development is proposed. c. For Level Two approvals, by sending a copy of the notice by mail to each owner of record of any land within 200 feet of the parcel proposed for development, excluding any water body. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. d. For Level Three approvals, by sending a copy of the notice by mail to each owner of record of any land within 200 feet of the property on which development is proposed, excluding any water body. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. If more than 30 owners of 14 property are involved, unless otherwise directed by the city commission, in lieu of mailing such notice, the clerk may publish the notice at least twice in a newspaper of general circulation. e. By posting a sign for Level Three approvals only, at least six square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. a. For Level Two approvals: 1. By sending a copy of the notice by mail to each owner of record of any land within a 200-foot radius of the perimeter boundaries of the subject property. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. Notice shall be provided no less than ten days prior to the review of the application before the Community Development Board. 2. By posting a sign at least three square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. The sign shall include the case number, property address, hearing dates and a contact phone number. b. For Level Three approvals: 1. By publication of a copy of the notice in one or more newspapers with general circulation in the City of Clearwater. 2. By sending a copy of the notice by mail to each owner of record of any land within a 200-foot radius of the perimeter boundaries of the subject property. Notice shall also be mailed to any affected registered local neighborhood association and to any citywide neighborhood association. Notice shall be provided no less than ten days prior to the review of the application before the City Council. If more than 30 owners of property are involved, unless otherwise directed by the City Council, in-lieu of mailing such notice, the clerk may publish the notice at least twice in a newspaper of general circulation in the city of Clearwater. 3. By posting a sign at least three square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. However, if a single application includes more than 25 contiguous parcels and is greater than 10 acres, then no sign shall be required to be posted. 4. By certified mail to the property owner for the voluntary annexation of a noncontiguous property in an enclave as defined in Section 171.031(13)(a), Florida Statutes, within the city’s service area. The certified mailing shall be sent prior to each reading of the ordinance. * * * * * * * * * * 15 Section 19. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-1202, Removal Permit - Application, Community Development Code be amended to read as follows: Section 4-1202. - Removal permit – Application. Any person who is required by this division to obtain a permit to remove a tree or palm shall make written application to the community development coordinator on application forms to be provided, accompanied by the fee required by Section 4-202(E) and including the following documentation: A. Requirements for multi-family and all non-residential properties, and subdivisions. 1. A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, and parking areas and other improvements. 2. A tree inventory, prepared by a certified arborist, of all shade trees four inches DBH and greater, accent trees two inches DBH and greater, and any other tree as part of an approved landscape plan specifying the size, canopy, and condition of such trees. * * * * * * * * * * Section 20. That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming Structures, Community Development Code be amended to read as follows: Section 6-102. - Nonconforming structures. * * * * * * * * * * B. Normal repair and maintenance, such as painting, cleaning, and repairing of same nonconformity may be performed on nonconforming structures. However, nonconforming structures shall be made to fully comply with the provisions of this Code, provided the cost of repair of any structure or improvement at any time exceeds 50 percent of the assessed value of the entire structure. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure or site improvement is destroyed or damaged. * * * * * * * * * * D. Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored if a complete and legally sufficient application for all required permits to repair or restore the damage is submitted within six months of the date of the damage. Any nonconforming structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this Development Code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or 16 destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. * * * * * * * * * * F. Exemption: Any nonconforming structure that is used for affordable housing may be exempted from subsections B or D, above, subject to approval of a Level One (flexible standard) application, and provided that the following criteria are satisfied: 1. The exemption will only apply to a bona fide affordable housing project as verified by the City’s Economic Development & Housing Department; and 2. The exemption will not apply to a structure in any area of special flood hazard which is not elevated or flood-proofed to National Flood Insurance Program standards, as set forth in 44 CFR 59 and 60; and 3. The exemption will not be contrary to the public interest; and 4. The exemption will not be contrary to the Florida Building Code or related requirements to protect public safety; and 5. The exemption would have the effect of reducing the number of nonconforming features of the structure or site or of reducing the degree of nonconformity of one or more non-conforming feature(s) of the structure or site; and 6. The repair, alteration, or enlargement of the nonconforming structure would provide for affordable housing consistent with the required covenants to maintain affordability as set forth in Section 3-920.A.4. Section 21. That Article 7, Enforcement Proceedings and Penalties, Section 7-103, Remedies; Penalties, Community Development Code be amended to read as follows: Section 7-103. - Remedies; penalties. * * * * * * * * * * B. Fines. Upon being notified by the code inspector that an order issued by the special master or municipal code enforcement board has not been complied with within the time established in such order or upon finding that a repeat violation has been committed, the special master or municipal code enforcement board shall order the violator to pay a fine to the city for each day the violation continues past the compliance date established in its order or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date of the issuance of the notice of violation the repeat violation is found to have occurred by the code inspector. Any fine the special master or municipal code enforcement board imposes pursuant to this section shall not exceed $250.00 per day for a first violation or $500.00 per day for a repeat violation. If the municipal code enforcement board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. * * * * * * * * * * D. Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1, Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates any provision of Article 3 Division 12 shall be required, as applicable, to: 1. Restore the vegetative buffer to its natural state; or 2. Pay to the city a civil penalty fine equal to the total value of those each protected tree or palm trees illegally removed or damaged. The fine shall be $48.00 per 17 inch of DBH (or diameter of remaining stump), up to $5,000.00 per protected tree or palm where it is found that the violation is irreparable or irreversible in nature. The illegal removal of a Specimen tree is deemed to be an irreparable and irreversible violation, subject to a fine of up to $15,000.00. as computed by the International Society of Arboriculture shade tree value formula. Such sum shall accrue to the city and may be recovered in a civil action brought by the city. Such sum so collected shall be placed in a fund for the tree bank and shall be expended for the purchase of trees for replacement in public properties within the city; and/or 3. Replace illegally removed trees at the owner's expense. Such replacement will be computed on an inch-for-inch basis according to the total inches of DBH (or diameter of remaining stump) of all illegally removed trees; and * * * * * * * * * * Section 22. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code be amended to read as follows: * * * * * * * * * * Dwelling unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, sanitation and complete kitchen facilities. A dwelling unit located on residentially zoned property shall be used only for a residential use, unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional ownership, or as a timesharing unit. * * * * * * * * * * Environmental park means a recreational area that is typically dependent on natural resources and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site and are compatible with natural and/or cultural resource protection. Uses include, but are not limited to, picnicking, hiking on multipurpose trails and/or boardwalks, outdoor educational nature studies, kayaking/canoeing and launch facilities for same, wildlife viewing, horseback riding on trails, and/or fishing. * * * * * * * * * * Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by two or more doctors persons practicing any health services to individuals, whether such persons be medical doctors, chiropractors, psychiatrists psychologists, social workers, physical therapists, dentists or any such profession, the practice of which is lawful in the state and in the city. This definition does not include a place for the treatment of animals nor does it include psychologists, social workers, massage therapists, and physical therapists. * * * * * * * * * * Protected tree means any nonhazardous tree other than a prohibited tree of four inches DBH or greater. shade tree four inches DBH or greater, and any accent tree two inches DBH or greater, and any tree or palm as part of an approved landscape plan, but excluding all hazardous and prohibited trees. * * * * * * * * * * 18 Section 23. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 24. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 25. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 26. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 27. 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 Soto Rosemarie Call Assistant City Attorney City Clerk ** AMENDED FOR CITY COUNCIL ** COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: April 21, 2015 AGENDA ITEM: G.1. CASE: TA2015-00001 ORDINANCE NO.: 8715-15 REQUEST: Review and recommendation to the City Council, of an amendment to the Code of Ordinances and the Community Development Code. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Planning and Development Department has regularly reviewed the Code as it applies to certain proposed development. Staff has provided input toward improving the Code based on how staff has experienced the Code’s application toward various circumstances. City staff developed a list of existing Community Development Code (CDC) provisions that should be amended in order to better reflect City development patterns, improve internal processes, and improve consistency with the Comprehensive Plan, Countywide Rules, and Florida Statutes. ANALYSIS: Proposed Ordinance No. 8715-15 amends several sections of the CDC as well as the Code of Ordinances (COO). The following is a brief analysis of each aspect of the proposed amendment. 1. Section 1.12, Code of Ordinances [page 2 of Ordinance] The proposed amendment clarifies that the enforcement of civil infractions shall apply not only to those ordinances contained within the Code of Ordinances, but also the Community Development Code. 2. Appendix A, Code of Ordinances [page 2 of Ordinance] This amendment deletes a prohibition on gun sales as a home occupation. The information contained in this subsection will be relocated into Appendix A of the CDC. This amendment is necessary in order to bring about consistency with Florida Statutes, which specifically permits such a use. 3. Environmental Park [pages 3, 10 and 17 of Ordinance] The proposed amendment adds environmental parks as a permissible use in the Preservation (P) District as well as establishing a definition for what constitutes an environmental park, and generally defines it as a park with recreational activities that typically are dependent on natural resources and a natural outdoor environment. The addition of this use to the CDC is to accommodate parks such as Moccasin Lake Park. 4. Non-Residential Off-Street Parking [pages 5, 6 and 8 of Ordinance] The proposed amendment adds a footnote to the Flexible Development tables in the LMDR and MDR Districts and the Flexible Standard Development table in the T District. The footnote, which requires non-residential off-street parking lots in excess of three acres to have a land use plan map amendment to Community Development Board – April 21, 2015 TA2015-00001 – Page 2 TA2015-00001 – Page 2 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION an appropriate land use category. The inclusion of this footnote was necessary to provide consistency with the Countywide Plan Rules. 5. Brewpubs and Microbreweries [pages 6, 7 and 9 of Ordinance] The proposed amendment modifies the flexibility criteria for brewpubs and microbreweries in all districts where they are permissible to clarify the intent that overhead loading doors are to be perpendicular to abutting streets rather than all overhead doors. This is what was intended when Ordinance 8654-15 was adopted; however the text was not as clear as intended. 6. Fences and Walls [page 10 of Ordinance] The proposed amendment increases the maximum allowable height for a fence or wall located in front of a principal structure from three feet to four feet. This amendment is intended to make it easier for the general public to acquire fencing that meets Code as fencing is substantially less common at three feet in height than four feet. 7. Off-Street Loading [pages 10 and 11 of Ordinance] The proposed amendment replaces the generic term of “industrial” with uses that are specific to those set forth in the Code (light assembly, manufacturing, microbreweries, research and technology, and wholesale/distribution/warehouse facility. The amendment also adds brewpubs to the category already including restaurants, and retail sales and services. 8. Handicap Parking Spaces [pages 11 and 12 of Ordinance] The proposed amendment adds an exception to allow those properties that are already developed, but not in compliance with the established handicap accessible parking provisions to achieve compliance by reducing the number of “standard” off-street parking spaces below the quantity that would otherwise be required. The amendment would not permit the number of off-street parking spaces to be reduced further than is necessary to achieve compliance. 9. Illuminated Signs [page 12 of Ordinance] The proposed amendment is intended to address concerns that awning signs cannot be illuminated, and the amendment clarifies that awnings with signage shall not be prohibited from being externally illuminated. 10. Public Notice [pages 12-14 of Ordinance] The proposed amendment modifies the responsibility of providing notice on development applications from the City to the applicant, as well as modifying some aspects as to how that notice is conveyed. Notice for Level One, Flexible Standard Development applications shall continue to be done by mail only. Notice for Level Two, Flexible Development applications would be provided by mail and by posting a sign on-site (new) with advertisement in the newspaper no longer required. Notice for Level Three applications would also continue to be by publication of notice in the newspaper, by mail, and by posting a sign on-site. It is noted that notice for annexation and historic designation applications would continue to be provided by the City. The Planning and Development Department as well as the Official Records and Legislative Services Department have surveyed several other municipalities regarding their notification procedures and processes and have found that what is being proposed through this ordinance to be common practice not only locally, but throughout the State. Specifically, the following cities and counties require applicants Community Development Board – April 21, 2015 TA2015-00001 – Page 3 TA2015-00001 – Page 3 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION to be responsible for either some or all of the notification requirements, or require the applicant to pay all of the costs in connection with notification:  City of Bal Harbour  City of Davie  City of Fort Lauderdale  City of Hallandale Beach  Hernando County  City of Hollywood  City of Largo  City of Miami  Okaloosa County  City of Panama  City of Safety Harbor  City of Tampa  City of Winter Garden It is noted that application fees have not been increased in approximately 15 years. However, during that time the cost of providing notice has increased while the time staff is given from newspapers to provide the notice has decreased, and the number of staff within the City has also decreased. Additionally, staff has examined the costs involved for projects from the standpoint of both the current and proposed code and has found that the proposed amendments would actually result in reduced costs. The following are a few examples of how the costs would breakdown under the current and proposed codes: FLS2015-02004 – Application Fee $200 (Garage Addition For A Single-Family Detached Dwelling) CURRENT CODE PROPOSED CODE Properties Noticed Using 500 Feet 427 Properties Noticed Using 200 Feet 389 Mailing Notice Cost Per Piece $0.50 Mailing Notice Cost Per Piece $0.50 Cost To City $213.50 Cost To Applicant $194.50 FLD2014-12034 – Application Fee $1,205 (180-Room Overnight Accommodation) CURRENT CODE PROPOSED CODE Properties Noticed Using 500 Feet 350 Properties Noticed Using 200 Feet 317 Mailing Notice Cost Per Piece $0.50 Mailing Notice Cost Per Piece $0.50 Total Cost $175.00 Total Cost $158.50 Ad Fee $221.00 Ad Fee N/A Sign Posting N/A Sign Posting $5.15 Cost To City $396.00 Cost To Applicant $163.65 LUP2014-11004 & REZ2014-11005 – Application Fee $885 (Land Use Amendment and Rezoning) CURRENT CODE PROPOSED CODE Properties noticed using 500 ft 47 Properties noticed using 200 ft 15 Mailing notice cost per piece $0.50 Mailing notice cost per piece $0.50 Total cost $23.50 Total cost $7.50 AD fee $762.00 AD FEE $762.00 Sign posting $15.95 Sign posting $5.15 Cost to City $801.45 Cost to applicant $774.65 Community Development Board – April 21, 2015 TA2015-00001 – Page 4 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION LUP2014-07002 & REZ2014-07002 – Application Fee $885 (Land Use Amendment and Rezoning) CURRENT CODE PROPOSED CODE Properties Noticed Using 500 Feet 29 Properties Noticed Using 200 Feet 9 Mailing Notice Cost Per Piece $0.50 Mailing Notice Cost Per Piece $0.50 Total Cost $14.50 Total Cost $4.05 Ad Fee $1,066.00 Ad Fee $1,066.00 Sign Posting $15.95 Sign Posting $5.15 Cost To City $1,096.45 Cost To Applicant $1,075.20 At a time of increasingly restrained and limited resources, it has become appropriate that the public no longer bear the burden of subsidizing the development approval process. The application fees, more often than not, do not begin to cover the advertising costs of private development applications, and this does not include staff costs. The public can escape this undue burden by simply requiring the applicants to be responsible for their own development applications both physically and financially. 11. Tree Removal Permit [pages 15 and 17 of Ordinance] The proposed amendment clarifies a requirement of the tree removal permit for multi-family and non- residential properties with regard to the preparation of a tree inventory. The inventory would be required to depict all shade trees (four inches DBH and greater), all accent trees (two inches DBH and greater), and any other tree that was part of an approved landscape plan; whereas the currently only “all trees four inches DBH and greater” are required to be depicted. The existing version of this language leaves out many trees that may exist on-site, including many trees that are required by Code to be on-site, and this amendment will correct that error. The amendment also revises the definition of protected tree to be consistent with the above. 12. Nonconforming Affordable Housing [pages 15 and 16 of Ordinance] The proposed amendment provides for an exemption for nonconforming structures used for affordable housing. The exemption would allow such structures to be repaired in excess of the otherwise maximum threshold of 50 percent of the assessed value of the entire structure without having to be made fully compliant with all aspects of the Community Development Code, and would also provide that the structure could be rebuilt if damaged or destroyed in excess of 50 percent of its assessed value. The exemption would require the satisfaction of certain criteria, including having the effect of reducing the number of nonconforming features of the structure or site or of reducing the degree of nonconformity of one or more non-conforming features of the structure or site. This amendment implements a recommendation from the 2014 Local Housing Incentives Strategy Update. 13. Enforcement Proceedings and Penalties [pages 16 and 17 of Ordinance] The proposed amendment modifies the fine commencement date for repeat violations from being the date the notice was issued to being the date the repeat violation was found to have occurred. The amendment also modifies the fines that pertain to the illegal removal or damaging of protected trees from a dollar amount computed from the International Society of Arboriculture shade tree value formula (which cannot be used when the tree has already been removed) to $48 per inch of DBH (or diameter of remaining stump), up to $5,000 per protected tree or palm. Further, the illegal removal of a specimen tree would be subject to a fine of up to $15,000. Community Development Board – April 21, 2015 TA2015-00001 – Page 5 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 14. Definitions [page 17 of Ordinance]  Dwelling unit – modifies the definition for what constitutes a dwelling unit by including the provision of sanitation into the definition.  Medical clinic – modifies the definition for what constitutes a medical clinic by removing language pertaining to having two or more doctors, and would now specifically exclude psychologists, social workers, massage therapists and physical therapists. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be furthered by the proposed Code amendments: Objective A.3.2 All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping / tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. Objective C.1.2 The City of Clearwater shall continue to provide assistance and incentives for the development of housing that is affordable to very low, low, and moderate income households, including those with special needs, consistent with the level of growth in these income categories. Objective C.1.4 Continue to provide zoning and land use regulations that allow for the development and redevelopment of affordable housing in stable neighborhoods. The proposed amendments are, for the most part, intended to make various clarifications or corrections to both the Code of Ordinances and the Community Development Code. However, the proposed amendments will also further the tree protection standards of the City by providing more thorough tree removal permit requirements and more effective fines. The amendment will also remove barriers to the redevelopment of existing/nonconforming affordable housing stock. As such, the above referenced objective of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103.  It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). Community Development Board – April 21, 2015 TA2015-00001 – Page 6 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION  It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law (Section 1-103.D., CDC).  Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings (Section 1-103.E.3., CDC).  Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings (Section 1-103.E.5., CDC).  Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized (Section 1-103.E.9., CDC).  Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city (Section 1-103.E.12., CDC). The amendments proposed by this ordinance will further the above referenced purposes by implementing the Goals, Objectives and Policies of the Comprehensive Plan; by improving public notice procedures; by establishing new permissible use (environmental park); by furthering the tree protection standards of the City through more thorough tree removal permit requirements and more effective fines; and by improving the supplemental regulations for fences/walls, off-street loading, handicap parking, and signs. SUMMARY AND RECOMMENDATION: The proposed amendment to the Code of Ordinances and the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8715-15 that amends the Code of Ordinances and the Community Development Code. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENTS: Ordinance No. 8715-15 All Ads Only Notices Only At City's Expense Ctiy Reimbursed for Service At Applicant's Cost At City's Expense Ctiy Reimbursed for Service At Applicant's Cost At City's Expense Ctiy Reimbursed for Service At Applicant's Cost Belleair X Belleair Bluffs X X Clearwater X Dunedin X (ANX & DA Only) X (All other Ads) X Indian Rocks Beach X Indian Shores X (PZB Only) X (BAA) Largo X (ANX, DA, LUZ) X Oldsmar X Safety Harbor X St. Petersburg X * Seminole X Treasure Island X X (City Prints Notices & Labels) X * (Applicant takes to post office and mails) *Applicants are not charged a fee for creating the ads/notices. Included in application fee. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8473-15 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 3 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8744-15 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2015 to reflect a net increase of $2,614.010. 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. Page 1 City of Clearwater Printed on 6/11/2015 Mid Year 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: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: May 25, 2015 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2014 through March, 2015) 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 $711,016. The major reason for the overall General Fund expenditure increase is the appropriation of General Fund reserves of $675,000 at mid year. Amendments include $650,000 for the Centennial Monument project and $25,000 to fund the furniture contract for the Countryside Library, both of which were previously approved by Council. In addition, enhanced revenues of $32,500 are recognized at mid year for sales of concession souvenirs at Pier 60 which offset expenditure increases in the Pier 60 program; and an increase of $3,516 to intergovernmental revenue for reimbursements which offset expenditure increases in Police Department overtime. 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 mid year are approximately $21.4 million, or 18.3% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $11.5 million. Significant amendments to other City Operating Funds are noted as follows. Mid Year Budget Review Fiscal 2014-15 City Manager's Transmittal Gas Fund Mid year budget amendments to Gas Fund expenditures reflect a net decrease of $911,495. Significant mendments include a decrease of $1,225,970 to propane and commodity purchases; an increase of $155,000 to interest expense; an increase of $27,700 to personal services; and $120,000 to fund a legal settlement which is offset by Gas Fund reserves as previously approved by Council. Solid Waste and Recycling Fund Budget amendments to the Solid Waste and Recycling Fund reflect a net increase of $190,000 to fund revenues at mid year. Significant amendments include increases of $115,000 to Solid Waste collection fees, $30,000 to interest earnings, $30,000 to Recycling fees, $25,000 to contractor collection fees, and a decrease of $10,000 to sales of recyclables. Marine Fund Mid year budget amendments to the Marine Fund reflect an increase of $10,000 to operating supplies to fund unplanned expenditures. This increase is offset by operating revenues in the fund. Parking Fund Budget amendments to the Parking Fund reflect an increase of $102,378 to rental revenue for the renewal for the Salt Block 57 agreement. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect an increase of $2,614,010. This increase is primarily a result of the following amendments: an increase in Garage – Lease Purchase funding for the Radio P25 Upgrade project for $1,076,108; an increase recognizing transfers from General Fund reserves to the Centennial Monument project for $650,000; increases to the Countryside Library Renovation project representing a transfer from the Special Development Fund for $248,918 in Sales Tax Infrastructure revenue, $100,000 in donation revenue, and a transfer of $25,000 from General Fund reserves; and a transfer from the Special Development Fund recognizing $287,000 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 17. Project activity not previously approved by the Council, includes increases representing Property Owners Share revenue for the following Gas System Projects: $66,496 for Line Relocation Pinellas; $40,188 for Pinellas New Mains – Service Lines; $30,960 for Pasco New Mains – Service Lines; and $28,583 for Line Relocation Pasco Maintenance. Special Program Fund The Special Program Fund reflects a net budget increase of $1,113,708 at mid year. Amendments include the recognition of over $155,000 in grant proceeds supporting the Next Steps to Better Nutrition program, the Health Prevention program, and Police programs for AmeriCorps and Federal Forfeiture Sharing; almost $700,000 for the special events and sponsorships programs in the last three months; over $80,000 in fines and court proceeds to support public safety programs and the tree replacement program; and over $180,000 in revenues for police outside duty contractual services. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2014/15 2014/15 FY 14/15 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 117,008,550 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742 Expenditures 117,008,550 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742 Utility Funds: Water & Sewer Fund Revenues 71,989,410 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720 Expenditures 70,406,600 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910 Stormwater Fund Revenues 17,224,640 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323 Expenditures 17,207,410 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223 Gas Fund Revenues 42,503,420 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413 Expenditures 37,515,660 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483 Solid Waste and Recycling Fund Revenues 22,795,900 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595 Expenditures 22,721,790 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485 Enterprise Funds: Marine Fund Revenues 4,704,840 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395 Expenditures 4,526,360 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915 Airpark Fund Revenues 268,560 270,390 134,278 138,170 3,892 3%- 270,390 Expenditures 207,810 209,640 115,991 111,357 4,634 4%- 209,640 Clearwater Harbor Marina Fund Revenues 652,500 656,460 348,156 380,137 31,981 9%- 656,460 Expenditures 554,280 558,240 296,757 264,238 32,519 11%- 558,240 Parking Fund Revenues 4,319,810 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378 Expenditures 4,246,040 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230 Internal Service Funds: General Services Fund Revenues 4,453,090 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200 Expenditures 4,386,430 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540 Administrative Services Revenues 10,342,220 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460 Expenditures 10,254,800 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040 Garage Fund Revenues 14,874,540 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965 Expenditures 14,848,020 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445 Central Insurance Fund Revenues 22,856,430 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437 Expenditures 22,838,200 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2014-15 REPORT PAGE # General Fund Operating Budget .................................................................................................................. 3 Utility Funds Operating Budget ..................................................................................................................... 7 Other Enterprise Funds Operating Budgets .............................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................................ 14 Capital Improvement Program Budget ....................................................................................................... 17 Special Program Fund Budget.................................................................................................................... 26 Special Development Fund ......................................................................................................................... 31 Administrative Change Orders .................................................................................................................... 34 Ordinances .................................................................................................................................................. 36 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2014 through March 31, 2015. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2015. 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. Mid Year Projection Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 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. Amended Prev Qtr The amended project budget approved at first quarter. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the mid year review. Revised Budget The previously amended project budget inclusive of amendments proposed at mid year. 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 Local Option, Fuel & Other Taxes At mid year,local option,fuel and other taxes revenues exhibit a 12%negative variance.This is primarily related to timing of collection of Business Tax License revenue which, for the first seven months of this year,is approximately 17% 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 mid year,franchise fee revenues reflect a 12%negative variance primarily related to the Duke Energy fee.Revenues received for the first seven periods of the year are 14%less than expected due to mild winter weather patterns.No amendment is proposed until additional months of revenue are available for review. Other Permits and Fees At mid year,other permits and fees revenue reflects a 40% positive variance in building permit revenue due to increased development in the City. No amendments are proposed. Intergovernmental 3,516 Amendments to other governmental revenue reflect an increase of $3,516 in reimbursements from the Department of Treasury supporting the IRS and Joint Terrorism Task Force which offset expenditure increases in the Police Department. Charges for Service 32,500 Amendments to charges for service reflect an increase of $32,500 to Pier 60 concession souvenirs revenue which offset expenditure increases in the Pier 60 cost center. Judgments, Fines & Forfeitures At mid year,fines and forfeitures revenues reflect a 31% 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 seven months of the fiscal year is approximately 21%less than expected for the year.No amendments are proposed until further data is available for review. Miscellaneous At mid year,miscellaneous revenues reflect a 42%positive variance primarily related to the posting of the City's credit card rebate. No amendments are proposed. City of Clearwater General Fund Revenues Mid Year Amendments FY 2014/15 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2014/15 Mid year amendments reflect a net appropriation of $675,000.00 from General Fund reserves.Amendments represent the following allocations: 650,000 1)An appropriation of $650,000 from fund reserves to project 315-92844,Centennial Monument.This was approved by Council on March 19, 2015. 25,000 2)An appropriation of $25,000 from fund reserves to fund the furniture contract for capital project 315-93528, Countryside Library Renovation,as approved by Council on May 7, 2015. 675,000 711,016 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description 32,500 Amendments to Marine &Aviation reflect increases of $25,300 to inventory purchases for resale,$4,000 to operating supplies, and $3,200 to full time salaries.These expenditure increases are offset by an amendment increasing Pier 60 revenue. 3,516 At mid year,amendments to the Police Department reflect a net increase of $3,516 to overtime which is offset by revenue amendments recognizing the reimbursements received for overtime from the Department of Treasury,IRS and Joint Terrorism Task Force. Non-Departmental The budget amendment reflects City Council approved interfund transfers of $675,000 to capital improvement projects, as follows: 650,000 1)A transfer of $650,000 from General Fund reserves to project 315-92844,Centennial Monument;as approved by the Council on March 19, 2015. 25,000 5)A transfer of $25,000 from General Fund reserves to project 315-93528,Countryside Library renovation;as approved by the Council on May 7, 2015. 675,000 711,016 Net General Fund Expenditure Amendment Police Marine & Aviation City of Clearwater General Fund Expenditures Mid Year Amendments FY 2014/15 5 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Ad Valorem Taxes 38,779,620 34,984,800 35,434,762 449,962 1%- 38,779,620 Utility Taxes 14,182,400 5,822,006 5,803,068 (18,938) 0%- 14,182,400 Local Option, Fuel & Other Taxes 7,604,780 2,323,360 2,044,255 (279,105) -12%- 7,604,780 Franchise Fees 10,090,000 4,256,665 3,754,779 (501,886) -12%- 10,090,000 Other Permits & Fees 2,220,500 1,110,246 1,550,999 440,753 40%- 2,220,500 Intergovernmental 19,587,304 7,962,398 8,632,130 669,732 8%3,516 19,590,820 Charges for Services 14,227,040 6,646,048 6,600,907 (45,141) -1%32,500 14,259,540 Judgments, Fines & Forfeitures 1,034,000 506,085 350,111 (155,974) -31%- 1,034,000 Miscellaneous Revenues 1,647,500 606,760 863,616 256,856 42%- 1,647,500 Transfers In 10,178,977 6,997,193 6,981,999 (15,194) 0%- 10,178,977 TOTAL REVENUES 119,552,121 71,215,561 72,016,626 801,065 1%36,016 119,588,137 Transfer (to) from Surplus 1,330,605 - - - ~675,000 2,005,605 ADJUSTED REVENUES 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742 GENERAL FUND EXPENDITURES City Council 280,040 153,788 141,684 12,104 8%- 280,040 City Manager's Office 1,110,477 589,492 587,645 1,847 0%- 1,110,477 City Attorney's Office 1,653,821 862,246 703,326 158,920 18%- 1,653,821 City Auditor's Office 200,060 115,220 112,404 2,816 2%- 200,060 Economic Development & Housing 1,649,545 1,126,570 1,064,363 62,207 6%- 1,649,545 Engineering 7,665,735 4,756,366 4,668,913 87,453 2%- 7,665,735 Finance 2,183,290 1,272,293 1,229,935 42,358 3%- 2,183,290 Fire 23,989,395 13,633,952 13,167,525 466,427 3%- 23,989,395 Human Resources 1,068,780 573,971 532,536 41,435 7%- 1,068,780 Library 6,156,870 3,642,443 3,507,401 135,042 4%- 6,156,870 Marine & Aviation 880,470 473,537 452,330 21,207 4%32,500 912,970 Non-Departmental 6,705,994 5,434,388 5,493,394 (59,006) -1%675,000 7,380,994 Office of Management & Budget 313,570 178,549 129,224 49,325 28%- 313,570 Official Records & Legislative Svcs 1,015,675 550,881 531,847 19,034 3%- 1,015,675 Parks & Recreation 22,660,240 12,177,234 11,382,542 794,692 7%- 22,660,240 Planning & Development 5,035,445 2,830,713 2,633,314 197,399 7%- 5,035,445 Police 37,012,289 21,156,639 20,378,324 778,315 4%3,516 37,015,805 Public Communications 1,025,550 554,787 512,717 42,070 8%- 1,025,550 Public Utilities 275,480 - ~- 275,480 TOTAL EXPENDITURES 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742 For Six Month Period of October 1, 2014- March 31, 2015 GENERAL FUND MID YEAR REVIEW 6 Increase/ (Decrease)Description Water & Sewer Fund At mid year, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $1,582,810 for FY 2014/15. Revenues: No amendments are proposed to Water &Sewer Fund revenues at mid year. Expenditures: No amendments are proposed to Water &Sewer Fund expenditures at mid year. Stormwater Fund At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $255,100 for FY 2014/15. Revenues: No amendments are proposed to Stormwater Fund revenues at mid year. Expenditures: No amendments are proposed to Stormwater Fund expenditures at mid year. Gas Fund At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $7,588,930 for fiscal year 2014/15. Revenues:(501,900) Mid year revenue amendments in the Gas Fund reflect the following: 1)decreases totaling $715,000 in sales of gas due to a mild winter;2) decreases totaling $84,000 in service charges to customers including franchise fees and installation charges;3)an increase of $77,100 in other revenues;4)an increase $100,000 in interest earnings;and 5) an allocation of $120,000 in Gas Fund reserves to fund a legal settlement as approved by the Council on March 19, 2015. Expenditures:(911,495) Mid year expenditure amendments in the Gas Fund reflect the following:1)increases in salaries totaling $27,700 for overtime and major medical;2)other operating decreases of $1,225,970 primarily due to decreased propane and commodity purchases;3)an increase of $155,080 to interest expense;4)amendments to various codes which net an increase of $11,695 to bring the budget in line with actual expenditures;and 5)an increase of $120,000 to fund a legal settlement as approved by the Council on March 19, 2015. City of Clearwater Utility Funds Mid Year Amendments FY 2014/15 7 Increase/ (Decrease)Description City of Clearwater Utility Funds Mid Year Amendments FY 2014/15 Solid Waste and Recycling Fund At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $264,110 for fiscal year 2014/15. Revenues:190,000 Mid year revenue amendments in the Solid Waste and Recycling Fund reflect a net increase of $190,000,amendments include:1)an increase of $30,000 to recycling fees due to better than expected fee generation;2)a decrease of $10,000 in sale of recyclables due to decreasing market price for single stream commodity;3)an increase of $115,000 in Solid Waste collection fees due to better than expected collections;4)an increase of $25,000 in contractor collection fees due to increased revenue generated from private haulers;and 5)an increase of $30,000 in interest earnings. Expenditures: No amendments are proposed to Solid Waste and Recycling Fund expenditures at mid year. 8 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Charges for Service 70,472,170 35,236,086 34,428,662 (807,424) -2%- 70,472,170 Judgments, Fines and Forfeits 271,000 135,498 125,116 (10,382) -8%- 271,000 Miscellaneous 1,246,240 319,704 475,937 156,233 49%- 1,246,240 Transfers In - - - - ~- - Fund Equity 304,310 - - - ~- 304,310 Total Revenues 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720 Water & Sewer Fund Expenditures Public Utilities Administration 1,067,385 562,890 425,741 137,149 24%- 1,067,385 Wastewater Collection 7,404,490 4,622,350 4,397,095 225,255 5%- 7,404,490 Public Utilities Maintenance 3,973,290 2,177,419 1,916,359 261,060 12%- 3,973,290 WPC / Plant Operations 16,418,945 10,543,763 8,904,395 1,639,368 16%- 16,418,945 WPC / Laboratory Operations 1,315,395 693,586 637,118 56,468 8%- 1,315,395 WPC / Industrial Pretreatment 853,520 458,690 378,534 80,156 17%- 853,520 Water Distribution 12,629,960 8,881,297 8,498,021 383,276 4%- 12,629,960 Water Supply 10,743,535 5,464,780 6,394,273 (929,493) -17%- 10,743,535 Reclaimed Water 2,390,860 1,279,154 1,121,098 158,056 12%- 2,390,860 Non-Departmental 13,913,530 6,956,766 5,743,469 1,213,297 17%- 13,913,530 Total Expenditures 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910 STORMWATER FUND Stormwater Utility Revenues Charges for Service 16,942,940 8,471,472 8,625,852 154,380 2%- 16,942,940 Judgments, Fines and Forfeits 50,000 25,002 37,763 12,761 51%- 50,000 Miscellaneous 231,700 83,450 195,667 112,217 134%- 231,700 Transfers In 539,173 539,173 539,173 - 0%- 539,173 Fund Equity 86,510 - - - ~- 86,510 Total Revenues 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323 Stormwater Utility Expenditures Stormwater Management 11,000,253 8,611,802 8,050,956 560,846 7%- 11,000,253 Stormwater Maintenance 6,594,970 3,481,270 3,204,454 276,816 8%- 6,594,970 Total Expenditures 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223 GAS FUND Gas Fund Revenues Charges for Service 42,730,020 23,294,064 23,043,412 (250,652) -1%(799,000) 41,931,020 Judgments, Fines and Forfeits 150,000 75,000 76,672 1,672 2%- 150,000 Miscellaneous 483,400 455,898 333,767 (122,131) -27%177,100 660,500 Transfers In 40,000 40,000 40,000 - 0%- 40,000 Fund Equity 3,983,893 - - - ~120,000 4,103,893 Total Revenues 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413 Gas Fund Expenditures Administration & Supply 25,687,064 14,391,039 13,164,910 1,226,129 9%(1,239,580) 24,447,484 South Area Gas Operations 7,553,815 5,205,572 5,251,861 (46,289) -1%205,150 7,758,965 North Area Gas Operations 2,835,590 1,873,527 1,677,449 196,078 10%83,290 2,918,880 Marketing & Sales 4,131,509 2,811,735 2,691,551 120,184 4%39,645 4,171,154 Total Expenditures 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483 For the Six Month Period of October 1, 2014 to March 31, 2015 UTILITY FUNDS MID YEAR REVIEW 9 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2014 to March 31, 2015 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues Other Permits and Fees 1,000 498 1,017 519 104%- 1,000 Charges for Service 19,171,000 9,635,500 9,809,605 174,105 2%140,000 19,311,000 Judgments, Fines and Forfeits 85,100 42,546 42,987 441 1%- 85,100 Miscellaneous 634,000 334,402 388,276 53,874 16%30,000 664,000 Transfers In - - - - ~- - Solid Waste Revenues 19,891,100 10,012,946 10,241,885 228,939 2%170,000 20,061,100 Recycling Revenues Other Permits and Fees 300 150 173 23 15%- 300 Intergovernmental - - - - ~- - Charges for Service 2,087,080 1,047,040 1,076,100 29,060 3%30,000 2,117,080 Judgments, Fines and Forfeits 7,700 3,852 4,044 192 5%- 7,700 Miscellaneous 386,750 190,582 191,516 934 0%(10,000) 376,750 Transfers In - - - - ~- - Recycling Revenues 2,481,830 1,241,624 1,271,833 30,209 2%20,000 2,501,830 Fund Equity 2,837,665 - - - ~- 2,837,665 Total Revenues 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595 Solid Waste Expenditures Collection 16,431,415 8,875,714 8,086,926 788,788 9%- 16,431,415 Transfer 2,641,720 1,932,618 1,813,373 119,246 6%- 2,641,720 Container Maintenance 863,800 473,087 442,874 30,213 6%- 863,800 Administration 1,079,840 571,349 540,049 31,300 5%- 1,079,840 Solid Waste Expenditures 21,016,775 11,852,768 10,883,221 969,547 8%- 21,016,775 Recycling Expenditures Residential 2,225,050 1,661,788 1,613,542 48,246 3%- 2,225,050 Multi-Family 427,330 228,566 185,628 42,938 19%- 427,330 Commercial 1,467,330 812,518 665,630 146,888 18%- 1,467,330 Recycling Expenditures 4,119,710 2,702,872 2,464,800 238,072 9%- 4,119,710 Total Expenditures 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485 10 Increase/ (Decrease)Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $168,480 at mid year fiscal year 2014/15. Revenues: No amendments are proposed to Marine Fund revenues at mid year. Expenditures:10,000 Amendments to Marine Fund expenditures reflect an increase of $10,000 to operating supplies to fund unplanned expenditures. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $98,220 at mid year fiscal year 2014/15. Revenues: No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Expenditures: No amendments are proposed to Clearwater Harbor Marina Fund expenditures at mid year. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $60,750 at mid year fiscal year 2014/15. Revenues: No amendments are proposed to Airpark Fund revenues at mid year. Expenditures: No amendments are proposed to Airpark Fund expenditures at mid year. Parking Fund At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $176,148 for fiscal year 2014/15. Revenues:102,378 At mid year,Parking Fund revenues reflect a 49%positive variance. This variance is primarily due to increased parking rates,and the busy tourist season. Amendments reflect an increase of $102,378 in rental revenue due to the renewal of the Salt Block 57 agreement which will be approved by the Council June 3, 2015. Expenditures: No amendments are proposed to Parking Fund expenditures at mid year. FY 2014/15 City of Clearwater Other Enterprise Funds Mid Year Amendments 11 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND MARINE FUND REVENUES Intergovernmental - - - - ~- - Charges for Service 4,666,840 1,896,328 1,824,256 (72,072) -4%- 4,666,840 Judgments, Fines and Forfeits 1,000 498 1,290 792 159%- 1,000 Miscellaneous Revenue 37,000 18,400 21,417 3,017 16%- 37,000 Transfers In - - - - ~- - Fund Equity 26,555 - - - ~- 26,555 TOTAL REVENUES 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395 MARINE FUND EXPENDITURES Marina Operations 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915 TOTAL EXPENDITURES 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Intergovernmental 50,000 50,000 50,000 - 0%- 50,000 Charges for Service 595,000 294,704 321,039 26,335 9%- 595,000 Judgments, Fines and Forfeits 1,500 750 390 (360) -48%- 1,500 Miscellaneous Revenue 6,000 2,702 8,708 6,006 222%- 6,000 Transfers In - - - - ~- - Fund Equity 3,960 - - - ~- 3,960 TOTAL REVENUES 656,460 348,156 380,137 31,981 9%- 656,460 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 558,240 296,757 264,238 32,519 11%- 558,240 TOTAL EXPENDITURES 558,240 296,757 264,238 32,519 11%- 558,240 AIRPARK FUND AIRPARK FUND REVENUES Charges for Service 7,000 3,498 6,766 3,268 93%- 7,000 Miscellaneous Revenue 261,560 130,780 131,404 624 0%- 261,560 Transfers In - - - - ~- - Fund Equity 1,830 - - - ~- 1,830 TOTAL REVENUES 270,390 134,278 138,170 3,892 3%- 270,390 AIRPARK FUND EXPENDITURES Airpark Operations 209,640 115,991 111,357 4,634 4%- 209,640 TOTAL EXPENDITURES 209,640 115,991 111,357 4,634 4%- 209,640 For The Six Month Period of October 1, 2014 - March 31, 2015 ENTERPRISE FUNDS MID YEAR REVIEW 12 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2014 - March 31, 2015 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND PARKING FUND REVENUES Charges for Service 3,043,910 1,318,000 2,088,793 770,793 58%- 3,043,910 Judgments, Fines and Forfeits 600,000 273,500 318,121 44,621 16%- 600,000 Miscellaneous Revenue 675,900 329,848 450,888 121,040 37%102,378 778,278 Transfers In - - - - ~- - Fund Equity 35,190 - - - ~- 35,190 TOTAL REVENUES 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378 PARKING FUND EXPENDITURES Engineering / Parking System 3,049,130 1,800,651 1,712,127 88,524 5%- 3,049,130 Engineering / Parking Enforcement 614,690 314,829 250,072 64,757 21%- 614,690 Parks & Rec / Beach Guards 617,410 343,175 301,245 41,930 12%- 617,410 TOTAL EXPENDITURES 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230 13 Increase/ (Decrease)Description General Services At mid year, anticipated revenues of the General Services Fund exceed anticipated expenditures by $66,660 for fiscal year 2014/15. Revenues: No amendments are proposed to General Services Fund revenues at mid year. Expenditures: No amendments are proposed to General Services Fund expenditures at mid year. Administrative Services At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $87,420 for fiscal year 2014/15. Revenues: No amendments are proposed to Administrative Services Fund revenues at mid year. Expenditures: No amendments are proposed to Administrative Services Fund expenditures at mid year. Garage Fund At mid year, anticipated revenues of the Garage Fund exceed anticipated expenditures by $26,520 for fiscal year 2014/15. Revenues: No amendments are proposed to Garage Fund revenues at mid year. Expenditures: No amendments are proposed to Garage Fund expenditures at mid year. Central Insurance At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $18,230 for fiscal year 2014/15. Revenues: No amendments are proposed to Central Insurance Fund revenues at mid year. Expenditures: No amendments are proposed to Central Insurance Fund expenditures at mid year. City of Clearwater Internal Service Funds Mid Year Amendments FY 2014/15 14 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Charges for Service 4,433,090 2,216,550 2,259,093 42,543 2%- 4,433,090 Miscellaneous Revenues 20,000 10,000 16,427 6,427 64%- 20,000 Transfers In - - - - ~- - Fund Equity 56,110 - - - ~- 56,110 TOTAL REVENUES 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200 GENERAL SERVICES FUND EXPENDITURES Administration 484,210 269,724 243,028 26,696 10%- 484,210 Building & Maintenance 3,958,330 2,110,597 1,963,262 147,335 7%- 3,958,330 TOTAL EXPENDITURES 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Charges for Service 10,002,220 5,001,114 4,978,909 (22,205) 0%- 10,002,220 Miscellaneous Revenues 105,000 51,000 74,279 23,279 46%- 105,000 Transfers In - - - - ~- - Fund Equity 352,240 - - - ~- 352,240 TOTAL REVENUES 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin 393,510 218,393 172,717 45,676 21%- 393,510 Information Tech / Network Svcs 2,668,165 1,499,167 1,491,269 7,898 1%- 2,668,165 Info Tech / Software Applications 2,859,645 1,763,949 1,758,718 5,231 0%- 2,859,645 Info Tech / Telecommunications 809,570 411,533 515,078 (103,545) -25%- 809,570 Public Comm / Courier 153,430 76,723 62,133 14,590 19%- 153,430 Clearwater Customer Service 3,487,720 1,952,606 1,842,664 109,942 6%- 3,487,720 TOTAL EXPENDITURES 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040 GARAGE FUND GARAGE FUND REVENUES Charges for Service 14,464,540 7,232,268 5,940,534 (1,291,734) -18%- 14,464,540 Miscellaneous Revenues 410,000 185,996 249,900 63,904 34%- 410,000 Transfers In - - - - ~- - Fund Equity 58,425 - - - ~- 58,425 TOTAL REVENUES 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965 Garage Fund Expenditures Fleet Maintenance 9,518,285 5,045,271 4,350,923 694,348 14%- 9,518,285 Fleet Maintenance Vehicle Replacement 4,663,880 2,331,942 2,254,012 77,930 3%- 4,663,880 Radio Communications 724,280 365,578 94,623 270,955 74%- 724,280 TOTAL EXPENDITURES 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445 For The Six Month Period of October 1, 2014 - March 31, 2015 INTERNAL SERVICE FUNDS MID YEAR REVIEW 15 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2014 - March 31, 2015 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Charges for Service 22,049,200 11,024,604 10,736,528 (288,076) -3%- 22,049,200 Miscellaneous Revenues 807,230 334,416 281,057 (53,359) -16%- 807,230 Transfers In - - 20,531 20,531 ~- - Fund Equity 115,007 - - - ~- 115,007 TOTAL REVENUES 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 433,750 239,989 215,564 24,425 10%- 433,750 Human Resources / Employee Benefits 361,240 198,566 179,502 19,064 10%- 361,240 Human Resources / Employee Health Clinic 1,782,790 891,396 901,342 (9,946) -1%- 1,782,790 Non-Departmental 20,375,427 10,239,679 8,327,031 1,912,648 19%- 20,375,427 TOTAL EXPENDITURES 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207 16 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2014/15 17 The amended 2014/15 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $2,614,010. 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:  Line Relocation Pinellas - Capitalized – To record a budget increase in the amount of $66,496 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received.  Pinellas New Mains - Service Lines – To record a budget increase in the amount of $40,188 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received.  Pasco New Mains - Service Lines – To record a budget increase in the amount of $30,960 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received.  Line Relocation Pasco Maintenance – To record a budget increase in the amount of $28,593 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Radio P25 Upgrade 1,076,108 04/16/15 Centennial Monument 650,000 03/19/15 Countryside Library Renovation 373,918 04/16/15 & 05/07/15 Park Land Acquisition 287,000 04/16/15 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Main Station (Fire) 1 315-91253 35,872 * To record a budget increase in the amount of $35,871.83 of Infrastructure Sales Tax (Penny for Pinellas)revenue.This represents the fiscal year 2014 loan interest payment made to the Central Insurance Fund.35,872 Centennial Monument - NEW PROJECT 2 315-92844 650,000 To establish the project budget and record a budget increase in the amount of $650,000.00 of General Fund reserves to fund the construction of the Centennial Monument.This was approved by the City Council on March 19, 2015.650,000 Park Land Acquisition 3 315-93133 287,000 To record a budget increase in the amount of $287,000.00 of Recreation Land Impact fees from the Special Development Fund.To fund the purchase of real property located at 3198 Gulf-to-Bay Boulevard.This was approved by City Council on April 16, 2015.287,000 Restrooms on Clearwater Beach - CLOSE PROJECT 4 315-93273 (13,882) To record a budget transfer in the amount of $13,882.19 of General Fund revenue to project 315-93624,Pier 60 Park Repair and Improvements.This project is complete and will be closed.(13,882) Countryside Library Renovation 5 315-93528 248,918 To record a budget increase in the amount of $248,918.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue from the Special Development Fund.The funding will provide the additional funding needed for the Countryside Recreation Center HVAC upgrades.This was approved by the City Council on April 16, 2015. 100,000 * To record a budget increase in the amount of $100,000.00 of Donation Revenue received from the Clearwater Library Foundation.This will bring budgeted revenues in line with actual cash received.This was approved by the City Council on May 7, 2015. 25,000 To record a budget increase in the amount of $25,000.00 of General Fund reserves.This revenue along with the donation, will provided for the additional funds needed for the furniture, fixtures and equipment purchase.This was approved by the City Council on May 7, 2015.373,918 Pier 60 Park Repair and Improvements 6 315-93624 13,882 To record a budget transfer in the amount of $13,882.19 of General Fund revenue from project 315-93273,Restrooms on Clearwater Beach.The Restrooms on Clearwater Beach project is complete and will be closed.13,882 Sid Lickton Complex Renovations - CLOSE PROJECT 7 315-93630 (3,528) To record a budget decrease in the amount of $3,527.93 of Infrastructure Sales Tax (Penny for Pinellas)revenue and return these funds to the Special Development Fund.This project is complete and will be closed.(3,528) CAPITAL IMPROVEMENT FUND Second Quarter Amendments FY 2014/15 18 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Second Quarter Amendments FY 2014/15 Radio P25 Upgrade 8 316-94243 1,076,108 To record a budget increase in the amount of $1,076,108.12 of Garage Lease Purchase funding.This amendment will utilize funding in the amount of $1,000,000.00 that was originally scheduled for fiscal year 2016 in the approved six-year CIP budget.The funding will provide for the Police terminal upgrade for the city-wide two-way radio P-25 communication system. This was approved by the City Council on April 16, 2015.1,076,108 Gas Meter Change Out - Pinellas 9 315-96367 (80,000) To record a budget transfer in the amount of $80,000.00 of Gas fund revenue,to project 315-96379,Gas Meter Change Out - Pasco. (80,000) Line Relocation Pinellas- Capitalized 10 315-96374 66,496 * To record a budget increase in the amount of $66,496.34 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 66,496 Line Relocation Pasco Maintenance 11 315-96376 28,593 * To record a budget increase in the amount of $28,592.77 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 28,593 Pinellas New Mains- Service Lines 12 315-96377 40,188 * To record a net budget increase in the amount of $40,187.59 representing Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 40,188 Pasco New Mains- Service Lines 13 315-96378 30,960 * To record a budget increase in the amount of $30,960.47 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 30,960 Gas Meter Change Out - Pasco 14 315-96379 80,000 To record a budget transfer in the amount of $80,000.00 of Gas fund revenue,from project 315-96367,Gas Meter Change Out - Pinellas. 80,000 Line Relocation - Pasco- Capitalized 15 315-96381 21,192 * To record a budget increase in the amount of $21,192.05 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 21,192 Expanded Energy Conservation 16 315-96386 5,752 * To record a budget increase in the amount of $5,751.68 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 5,752 19 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Second Quarter Amendments FY 2014/15 BioSolids Treatment 17 315-96611 1,484 * To record a budget increase in the amount of $1,483.86 of Other Governmental revenue received from the City of Safety Harbor.This will bring budgeted revenues in line with actual cash received. 1,484 Line Relocation - Capital 18 315-96742 (25) * To record a budget decrease in the amount of $25.19 of Interest Earned Other revenue.This will bring budgeted revenues in line with actual cash received. (25) TOTALS 2,614,010 - 2,614,010 20 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91150 Range Improvements 1,700,000 1,700,000 1,700,000 25,250 1,674,750 91151 Police Property / Evidence Storage 75,000 75,000 75,000 14,171 60,829 1,775,000 1,775,000 - 1,775,000 - 39,421 1,735,579 Fire Protection 91218 Fire Engine Replacement 1,598,746 1,598,746 1,598,746 1,553,195 45,551 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,856,400 1,856,400 1,856,400 845,559 1,010,841 91236 Rescue Vehicle 1,419,869 1,419,869 1,419,869 818,550 178,510 422,809 91253 Main Station (Fire)11,592,885 11,592,885 35,872 11,628,757 10,357,950 692,292 578,515 1 91257 AED Program 121,960 121,960 121,960 119,400 2,560 91258 Ladder Truck Equipment 150,000 147,967 147,967 147,967 0 C 91259 Radio Replacements 364,640 364,640 364,640 359,071 5,569 91260 Thermal Imaging Cameras 112,530 112,530 112,530 69,295 43,235 91261 Personal Protection Equipment 1,283,690 1,283,690 1,283,690 976,064 10,254 297,372 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634 91263 Extrication Tools 56,000 56,000 56,000 25,603 30,397 91264 Fire Hose Replacement 235,810 235,810 235,810 163,126 72,684 91266 Rescue Squad Replacement 850,000 827,340 827,340 827,340 0 C 91267 Training Facility Concrete Pad Replace 90,000 82,665 82,665 82,665 0 C 91268 Countryside Fire Station 3,697,910 3,697,910 3,697,910 4,573 215,668 3,477,670 Sub-Total 24,721,150 24,689,121 35,872 24,724,993 17,464,203 1,096,723 6,164,067 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 2,943,580 4,855 1,199,134 Sub-Total 4,147,569 4,147,569 - 4,147,569 2,943,580 4,855 1,199,134 Major Street Maintenance 92274 Bridge Maintenance & Improvements 6,670,150 6,670,150 6,670,150 1,331,867 3,425,702 1,912,582 92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,745,839 3,042,901 702,938 92276 Traffic Calming Program 5,928,635 5,928,635 5,928,635 2,371,451 951,020 2,606,164 92277 Streets and Sidewalks 9,849,057 9,849,057 9,849,057 4,512,562 781,028 4,555,466 Sub-Total 26,193,681 26,193,681 - 26,193,681 11,258,781 5,157,750 9,777,150 Sidewalks and Bike Trail 92339 New Sidewalks 1,247,471 1,247,471 1,247,471 641,715 20,648 585,108 Sub-Total 1,247,471 1,247,471 - 1,247,471 641,715 20,648 585,108 Intersections 92559 City-Wide Intersection Improvement 799,056 799,056 799,056 1,921 797,135 92560 Signal Renovation 210,385 210,385 210,385 87,351 9,675 113,359 92561 New Signal Installation 322,877 322,877 322,877 167,097 155,780 92562 Intersection Improvements 2,447,017 2,447,017 2,447,017 14,993 2,432,024 Sub-Total 3,779,335 3,779,335 - 3,779,335 271,362 9,675 3,498,298 Parking 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000 92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 185,352 16,570 128,078 92652 Parking Lot Resurfacing 954,633 954,633 954,633 267,910 88,311 598,412 92653 Parking Garage Structure Repair 622,603 622,603 622,603 175,831 68,154 378,618 92654 Parking Lot Improvement 830,357 830,357 830,357 84,769 11,500 734,088 92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 15,800 50,148 14,052 Sub-Total 12,217,593 12,217,593 - 12,217,593 829,662 234,683 11,153,248 Miscellaneous Engineering 92839 Downtown Intermodal 621,078 621,078 621,078 519,967 101,111 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535 92841 Miscellaneous Engineering 193,396 193,396 193,396 74,930 5,985 112,481 92844 Centennial Monument 0 0 650,000 650,000 0 576,522 73,478 2 Sub-Total 3,314,474 3,314,474 650,000 3,964,474 2,653,361 582,507 728,606 Land Acquisition 93133 Park Land Acquisition 0 235,000 287,000 522,000 122,807 399,193 3 Sub-Total - 235,000 287,000 522,000 122,807 - 399,193 21 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Improve 419,380 419,380 419,380 353,044 66,336 93205 Brighthouse Field Infrastructure Imp 1,015,345 1,015,345 1,015,345 930,504 48,276 36,565 93247 Fitness Equipment Replacement 255,000 255,000 255,000 194,175 60,825 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93271 Swimming Pool R&R 671,573 671,573 671,573 548,040 9,500 114,033 93272 Bicycle Paths-Bridges 3,353,896 3,599,196 3,599,196 2,407,412 860,829 330,954 93273 Restrooms on Clearwater Beach 923,000 923,000 (13,882) 909,118 909,118 0 C 4 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,441 93278 Long Center Infra Repairs 625,183 625,183 625,183 535,102 90,081 93286 Parking Lot/Bike Path Rsr/Imprv 656,943 656,943 656,943 541,116 115,827 93602 Sp Events Equip Rep & Rplcmnt 235,000 235,000 235,000 198,936 36,064 93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 257,903 159,097 93608 Miscellaneous Minor Public Art 253,061 253,061 253,061 117,847 15,852 119,361 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93618 Miscellaneous Park & Rec Contract 170,000 170,000 170,000 148,785 20,774 441 93623 Capitol Theatre 8,305,936 8,305,936 8,305,936 7,551,989 753,947 93624 Pier 60 Park Repairs and Improvements 510,000 510,000 13,882 523,882 146,933 68,272 308,677 6 93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000 93626 FDOT Median & ROW Enhancement 340,206 340,206 340,206 211,206 6,829 122,171 93628 Carpenter/Bright House Fld Imp 32,482 32,482 32,482 32,482 93629 North Greenwood Athletic Fields 651,825 651,825 651,825 607,119 5,669 39,037 93630 Sid Lickton Complex Renovations 3,298,146 3,298,146 (3,528) 3,294,618 3,294,618 0 C 7 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 861,501 761 235,228 93633 Pier 60 Park Repairs and Improvements 160,000 160,000 160,000 125,075 28,939 5,986 93634 Concrete Sidewalk & Pad Repair 163,176 163,176 163,176 57,639 105,537 93635 Park Amenity Purch & Rplcmnt 182,800 182,800 182,800 111,912 7,105 63,783 93636 Tennis Court Resurfacing 105,310 105,310 105,310 23,216 43,560 38,534 93637 Playground & Fitness Purch & Rplc 337,079 337,079 337,079 198,440 11,166 127,473 93638 Fencing Replacement Program 204,664 204,664 204,664 80,999 4,600 119,065 93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 86,146 64,564 455,800 93640 Bright House Repairs 701,272 1,477,486 1,477,486 881,088 401,304 195,093 93642 Phillip-Jones Restroom/Concession 220,000 220,000 220,000 5,085 67,600 147,315 93643 John Deere Utility Tractor 40,000 40,000 40,000 40,000 0 93644 Joe DiMaggio Press Box Storage 400,000 400,000 400,000 28,122 371,666 212 93645 Joe DiMaggio Multi Field Reno 0 148,000 148,000 55,516 41,413 51,071 93646 Rest Rm Expan-Barefoot Bch House 0 301,000 301,000 1,179 750 299,071 Sub-Total 30,924,226 32,394,740 (3,528) 32,391,212 22,220,081 2,119,431 8,051,700 Marine Facilities 93403 Beach Guard Facility Maint 140,000 140,000 140,000 109,884 30,116 93405 Downtown Boat Slips 12,693,770 12,693,770 12,693,770 12,282,951 17,200 393,619 93410 Clwr Harbor Marina Maintenance 75,000 75,000 75,000 45,409 29,591 93412 City-wide Seawall Replacement 1,581,000 1,581,000 1,581,000 721,201 242,397 617,401 93415 Waterway Maintenance 260,000 260,000 260,000 32,529 227,471 93417 Pier 60 Refurbishment 600,000 600,000 600,000 596,789 3,211 93418 Utilities Services Replacement 137,714 137,714 137,714 91,361 46,353 93419 Dock Replacement & Repair 81,727 81,727 81,727 42,881 8,890 29,956 93420 Fuel System R & R 57,752 57,752 57,752 20,576 37,176 93421 Marine Facilities Dredging & Maint 68,715 68,715 68,715 61,630 7,085 93422 Dredging of City Waterways 246,204 246,204 246,204 60,889 51,960 133,355 93495 Dock Construction 24,858 24,858 24,858 24,858 0 93497 Docks & Seawalls 1,186,085 1,186,085 1,186,085 552,272 633,813 93499 Pier 60/Sailing Center Maint 261,952 261,952 261,952 228,870 33,082 Sub-Total 17,414,777 17,414,777 - 17,414,777 14,872,100 320,447 2,222,230 Airpark 94817 Airpark Maint & Repair 149,000 149,000 149,000 134,831 14,169 94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,985,083 12,341 2,576 94881 Airpark Hangar Rehabilitation 200,000 200,000 200,000 168,670 1,653 29,677 94882 Rehabilitation of Hanger "D"500,000 625,000 625,000 5,407 586,753 32,840 Sub-Total 2,849,000 2,974,000 - 2,974,000 2,293,991 600,747 79,262 22 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,083,877 44,768 667,955 93528 Countryside Library Renovation 7,102,668 7,102,668 373,918 7,476,586 3,499,301 2,786,607 1,190,678 5 93529 Main Library Entryway Improve 130,000 130,000 130,000 77,739 52,261 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 6,250,000 Sub-Total 21,279,269 21,279,269 373,918 21,653,187 10,660,918 2,831,375 8,160,895 Garage 94233 Motorized Equip-Cash II 1,370,656 1,370,656 1,370,656 1,090,702 69,074 210,881 94238 Police Vehicles 1,600,001 1,600,001 1,600,001 1,233,845 134,230 231,927 94241 Motorized Equipment Replace - L/P 19,126,392 19,126,392 19,126,392 10,191,857 4,042,379 4,892,156 94242 Overhead Crane 48,000 48,000 48,000 48,000 0 C 94243 Radio P25 Upgrade 2,000,000 2,000,000 1,076,108 3,076,108 596,849 1,392,648 1,086,611 8 Sub-Total 24,145,049 24,145,049 1,076,108 25,221,157 13,161,252 5,638,330 6,421,575 Maintenance of Buildings 94510 Air Cond Replace-City Wide 2,771,538 2,771,538 2,771,538 2,549,514 222,024 94512 Roof Repairs 680,345 680,345 680,345 644,972 35,373 94514 Roof Replacements 1,990,352 1,990,352 1,990,352 1,337,564 652,788 94517 Painting of Facilities 1,017,720 1,017,720 1,017,720 679,792 18,731 319,197 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 988,952 988,952 988,952 746,604 18,431 223,918 94521 Elevator Refurbish/Modernization 280,000 280,000 280,000 167,196 267 112,537 94528 Light Replacement & Repair 279,931 279,931 279,931 214,523 65,408 94529 MSB Restroom Renovations 65,000 65,000 65,000 5,010 59,990 94530 Building Systems 250,000 250,000 250,000 30,796 17,921 201,283 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 1,151,160 1,151,160 66,702 1,084,458 Sub-Total 10,589,809 10,589,809 - 10,589,809 6,625,835 55,349 3,908,625 Miscellaneous 94729 City-wide Connect Infra 2,106,478 2,106,478 2,106,478 1,696,098 1,501 408,879 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 533,658 533,658 533,658 244,249 289,409 94803 Environmental Assmt & Clean-up 990,964 990,964 990,964 715,793 275,171 94814 Network Infra & Server Upgrade 2,985,057 2,985,057 2,985,057 2,334,869 42,219 607,970 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 400,000 400,000 400,000 285,334 1,875 112,790 94827 Telecommunications Upgrade 479,000 479,000 479,000 334,953 10,665 133,382 94828 Financial Systems Upgrades 976,628 976,628 976,628 225,243 2,938 748,448 94829 CIS Upgrades / Replacement 847,376 847,376 847,376 318,999 42,168 486,209 94830 MS Licensing / Upgrades 775,000 775,000 775,000 504,143 270,857 94833 Computer Monitors 320,000 320,000 320,000 318,430 1,570 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 90,278 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 155,084 344,612 304 94857 Accela Permitting & Code Enforce 250,000 250,000 250,000 66,123 4,200 179,677 94861 Library Technology 1,250,000 1,250,000 1,250,000 744,532 23,243 482,225 94873 Citywide Camera System 160,000 160,000 160,000 109,452 50,548 94874 City Enterprise Timekeeping System 185,000 185,000 185,000 161,897 23,103 94878 Asset Management Upgrade 120,000 120,000 120,000 120,000 94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 105,000 94880 Granicus Agenda Management Sys 60,000 60,000 60,000 41,136 18,864 94883 Business Process Review & Improvements 150,000 150,000 150,000 150,000 Sub-Total 15,536,887 15,536,887 - 15,536,887 9,733,693 563,699 5,239,495 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 17,324,338 17,324,338 17,324,338 11,422,952 2,212,243 3,689,143 96125 Town Lake 8,843,010 8,771,668 8,771,668 8,771,669 0 C 96129 Stevenson Creek Estuary Restoration 6,967,225 6,967,225 6,967,225 6,275,363 691,862 96137 FDEP Compliance 1,008,000 981,830 981,830 981,830 0 C 96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 381,097 19,435 98,718 96168 Stormwater System Expansion 2,457,956 2,457,956 2,457,956 112,630 10,130 2,335,196 96169 Stevenson Creek 4,717,122 3,967,122 3,967,122 2,908,752 260,272 798,098 96170 Coastal Basin Projects 7,193,178 6,293,178 6,293,178 3,377,903 9,108 2,906,168 96173 Alligator Creek Watershed Projects 4,666,490 2,716,490 2,716,490 997,260 68,778 1,650,452 96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 105,531 17,288 77,181 96177 Jeffords Street Outfall 400,000 400,000 400,000 106,763 29,247 263,990 96178 Smallwood Circle 2,437,719 2,437,719 2,437,719 1,151,750 553,592 732,377 96179 Tropic Hills Phase III 1,291,326 1,291,326 1,291,326 1,291,326 0 C 96180 Stormwater Maint St Sweeping Fac 376,511 683,004 683,004 301,963 11,525 369,516 96181 Jeffords Street Channel 1,596,362 1,396,272 1,396,272 1,396,273 0 C 96183 Mandalay Ave Outfall 1,600,000 1,440,593 1,440,593 1,440,593 0 C 96184 Magnola Drive Outfall 3,100,000 3,100,000 3,100,000 212,118 51,024 2,836,857 96185 Woodlawn Terrace Floodplain Storage 1,006,620 1,006,620 1,006,620 842,873 26,560 137,187 96186 Hillcrest Bypass Culvert 0 3,900,000 3,900,000 255,691 3,644,309 96187 Mango Outfall 0 1,800,000 1,800,000 146,400 1,653,600 96188 East Gateway Improvements 0 1,500,000 1,500,000 404,680 1,095,320 Sub-Total 65,685,107 69,134,592 - 69,134,592 42,078,645 4,075,973 22,979,975 Water System 96721 System R & R - Maintenance 3,666,799 3,666,799 3,666,799 2,118,718 746 1,547,335 96739 Reclaimed Water Dist Sys 63,271,459 63,271,459 63,271,459 60,521,562 360,057 2,389,840 96740 Water Supply/Treatment 5,870,430 5,870,430 5,870,430 4,996,910 32,512 841,008 96741 System R & R-Capitalized 10,236,996 10,236,996 10,236,996 8,440,050 15,599 1,781,347 96742 Line Relocation-Capitalized 12,364,511 12,364,511 (25) 12,364,486 10,508,048 202,818 1,653,620 18 96743 Mtr Bkflow Prev Dev/Change 4,324,046 4,324,046 4,324,046 3,298,247 1,025,799 96744 System Expansion 2,174,673 2,174,673 2,174,673 2,042,251 132,422 96752 Water Service Lines 4,892,119 4,892,119 4,892,119 3,605,553 61,125 1,225,441 96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 15,650,877 765,378 449,496 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745 96767 RO Plant at Res #2 44,948,968 44,948,968 44,948,968 41,992,165 2,456,840 499,962 96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 106,208 143,792 96773 Groundwater Replenishment Facility 6,705,833 6,705,833 6,705,833 2,733,156 28,608 3,944,069 96774 Automated Meter Reading 2,300,000 2,300,000 2,300,000 71,860 2,228,140 96775 Arsenic Treatment WTP #3 1,359,420 1,359,420 1,359,420 96,648 50,534 1,212,239 96777 Water Supply Pick-up Trucks 120,000 120,000 120,000 34,288 85,712 96778 Fork Lift 30,000 30,000 30,000 23,953 6,047 96779 Trench Box 65,000 65,000 65,000 65,000 Sub-Total 180,046,005 180,046,005 (25) 180,045,980 156,248,750 3,974,216 19,823,014 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 4,849,383 4,849,383 3,486,435 936,636 426,313 96204 WWTP UV Disinfections System 1,225,986 1,225,986 1,225,986 808,745 42,025 375,215 96205 Industrial Pretreatment Vehicle 25,000 22,584 22,584 22,584 0 C 96206 Maintenance Vehicle 26,000 18,121 18,121 18,121 0 C 96207 Mini Dump Truck 50,000 50,000 50,000 50,000 96208 Bobcat E35 Compact Excavator 27,000 40,000 40,000 27,000 13,000 96611 Bio-Solids Treatment 9,191,761 9,191,761 1,484 9,193,245 7,717,744 10,335 1,465,166 17 96615 Odor Control 2,172,523 2,157,094 2,157,094 1,927,302 229,792 96619 WWTP Generator Replacements 4,211,383 4,411,383 4,411,383 3,015,580 1,162,220 233,583 96621 WWTP New Presses 3,402,580 3,402,580 3,402,580 3,388,052 14,528 96630 Sanitary Sewer Extension 11,609,894 11,572,866 11,572,866 5,159,261 3,741,796 2,671,809 96634 Sanitary Util Reloc Accmmdtn 5,291,813 5,291,813 5,291,813 3,759,814 123,075 1,408,924 96645 Laboratory Upgrade & R&R 2,166,259 1,966,259 1,966,259 1,456,865 227,738 281,656 96654 Facilities Upgrade & Improvement 19,193,882 19,763,708 19,763,708 14,404,575 2,809,311 2,549,822 96664 WPC R & R 23,389,964 23,389,964 23,389,964 17,788,659 2,189,655 3,411,649 96665 Sanitary Sewer R&R 27,628,789 27,628,789 27,628,789 21,447,912 4,500,466 1,680,412 96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,551 96686 Pump Station Replacement 18,276,977 18,276,977 18,276,977 15,624,921 125,420 2,526,636 Sub-Total 135,325,716 135,845,790 1,484 135,847,274 102,352,539 15,895,677 17,599,057 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,404,794 2,404,794 2,404,794 1,385,890 175,902 843,002 96365 Line Relocation-Pinellas Maint 1,906,927 984,106 984,106 502,528 84,670 396,908 96367 Gas Meter Change Out-Pinellas 1,540,000 3,215,000 (80,000) 3,135,000 2,045,457 1,089,543 9 96374 Line Relocation-Pinellas Capitalized 2,586,983 2,586,983 66,496 2,653,479 2,239,879 413,600 10 96376 Line Relocation - Pasco Maint 880,000 380,000 28,593 408,593 84,756 323,837 11 96377 Pinellas New Main / Service Lines 24,534,656 25,344,656 40,188 25,384,844 22,200,469 192,458 2,991,917 12 96378 Pasco New Mains / Service Lines 11,226,538 12,226,538 30,960 12,257,498 9,846,849 253,111 2,157,538 13 96379 Pasco Gas Meter Change Out 1,070,000 467,821 80,000 547,821 452,279 95,542 14 96381 Line Reloc-Pasco-Capitalized 905,000 255,000 21,192 276,192 2,601 273,591 15 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 838,843 153,157 96384 Gas Building Renovation 1,649,675 1,649,675 1,649,675 496,782 1,152,893 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,012,066 545,779 96386 Expanded Energy Conservation 2,978,418 2,978,418 5,752 2,984,170 2,666,886 90,946 226,338 16 96387 Natural Gas Vehicle 4,100,000 4,100,000 4,100,000 3,718,172 381,829 96389 Future IMS Software & Hardware 200,000 200,000 200,000 56,274 143,726 Sub-Total 58,532,836 59,342,836 193,181 59,536,017 47,549,731 797,087 11,189,199 Solid Waste 96426 Facility R & R 2,152,608 2,152,608 2,152,608 1,528,680 18,632 605,296 96443 Res Container Acquisition-II 1,491,741 1,491,741 1,491,741 1,057,438 434,303 96444 Comm Container Acquisition-II 2,990,020 2,990,020 2,990,020 2,161,260 41,455 787,305 96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 189,414 0 96446 Single Stream Recycling Carts 1,500,000 1,484,275 1,484,275 1,484,275 0 C 96447 Transfer Station Rebuild 0 1,000,000 1,000,000 1,000,000 Sub-Total 8,323,783 9,308,058 - 9,308,058 6,421,066 60,087 2,826,904 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 634,184 634,184 634,184 526,551 2,987 104,646 Sub-Total 793,717 793,717 - 793,717 678,146 2,987 112,583 Recycling 96804 Recycling Carts/Dumpsters 850,925 866,650 866,650 555,441 2,928 308,282 96805 Recycling Expansion/Particip/R&R 1,271,525 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 Sub-Total 2,122,450 3,138,175 - 3,138,175 1,435,220 56,242 1,646,713 TOTAL ALL PROJECTS 650,964,903 659,542,947 2,614,010 662,156,957 472,517,439 44,137,910 145,501,608 25 Special Program Fund Mid Year Budget Amendments October 1, 2014 - March 31, 2015 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs AmeriCorps Clearwater 2015 1 99212 66,194 To record a budget increase of $66,194 in grant revenue from Volunteer Florida to fund the AmeriCorps program for 2015 as approved by the Council on December 15,2014. The total grant funding approved for the program is $148,346;this amendment is necessary to correct the first quarter amendment which established the grant portion of the program at only $82,152.66,194 2013 RRT - Investigative Cost Recovery - CLOSE PROGRAM 2 99243 (1,368) To record a transfer of $1,367.66 in fines,forfeitures and penalties revenue to program 181-99329,Investigative Cost Recovery.This will return unspent revenue to the original program and close this completed program.(1,368) AmeriCorps Clearwater 2013 - CLOSE PROGRAM 3 99246 (24,754) To record a budget reduction of $24,754.31 in grant revenue to bring the budget in line with actual revenue received and close this completed program.(24,754) Police Education Fund 4 99317 7,149 To record a budget increase of $7,149.17 in police education fine revenue to bring the budget in line with actual receipts.7,149 Investigative Cost Recovery 5 99329 38,363 1,368 To record a budget increase of $5,039.22 in grant revenue from the US Department of Justice,an increase of $31,553.97 in fines,forfeitures and penalties revenue,and an increase of $1,769.36 in overtime reimbursement revenue to bring the budget in line with actual receipts. To record a transfer of $1,367.66 in fines,forfeitures and penalties revenue from closed program 181-99243,2013 RRT - Investigative Cost Recovery.39,730 Florida Contraband Forfeiture Fund 6 99330 29,963 To record a budget increase of $29,838.70 in fines, forfeitures and penalties revenue,and a increase of $124.59 in reimbursement revenue to bring the budget in line with actual receipts.29,963 Vehicle Replacement 7 99350 4,652 To record a transfer of $4,651.50 in police services revenue from program 181-99908,Extra Duty Program.This represents revenue collected for vehicle usage on extra duty jobs.4,652 26 Special Program Fund Mid Year Budget Amendments October 1, 2014 - March 31, 2015 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Federal Forfeiture Sharing 8 99387 61,154 To record a budget increase of $61,153.53 in grant revenue from the US Department of Justice to bring the budget in line with actual receipts.61,154 Police - Outside Duty 9 99908 182,980 (4,652) To record a budget increase of $182,979.50 in Police Services revenue to bring the budget in-line with actual revenue received. To record a budget transfer of $4,651.50 in Police Services revenue to project 181-99350,Vehicle Replacement.This represents revenue collected for vehicle usage on extra duty jobs.178,328 Public Safety Program Totals:361,048 - 361,048 Miscellaneous Programs: Next Steps to Better Nutrition - NEW PROGRAM 10 98601 10,000 To establish the program and record a budget increase of $10,000 in grant revenue from the National Council on Aging as approved by the Council on April 16, 2015.10,000 Special Events 11 99865 692,984 To record a budget increase of $692,984.34;representing increases of $13,106.38 in rental income,$64,189.20 in sponsorship revenue,$1,400.00 in memberships and registrations,$596,863.43 in sales revenue,and $17,425.33 in reimbursements,which will bring the budget in line with actual receipts for the quarter. 692,984 Health Prevention Program 12 99869 37,500 To record a budget increase of $37,500 in grant revenue from the Florida Department of Health as approved by the Council on April 16, 2015.37,500 27 Special Program Fund Mid Year Budget Amendments October 1, 2014 - March 31, 2015 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Library Special Account 13 99910 560 To record a budget increase of $560.00 in donation revenue to bring the budget in line with actual receipts.560 Tree Replacement Program 14 99970 11,616 To record a budget increase of $11,616.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.11,616 Miscellaneous Programs Total:752,660 - 752,660 Grand Total:1,113,708 - 1,113,708 28 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42 99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99206 2014 Report Review Team Program 111,979 58,283 - 58,283 39,771 - 18,512 99207 Bulletproof Vests 165,000 165,000 - 165,000 62,074 - 102,926 99208 FDOT HVE Ped/Bicycle Safety Grnt - 94,230 - - 51,439 - (51,439) 99209 Clearwater Cold Case Team 2014 - 30,671 - 30,671 3,421 - 27,250 99211 2014 RRT Invest Cost Recovery - 53,696 - 53,696 3,706 - 49,990 99212 AmeriCorps Clearwater 2015 - 166,246 66,194 232,440 50,319 - 182,121 1 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 50,379 - 36,621 99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,566 - 347 99243 2013 RRT - Invest Cost Recovery 52,377 52,377 (1,368) 51,009 51,009 - 0 C 2 99244 AmeriCorps 2014 259,187 259,187 - 259,187 254,921 - 4,266 99246 AmeriCorps 2013 270,606 262,423 (24,754) 237,669 237,669 - 0 C 3 99264 School Resource Officers 1,492,391 1,803,512 - 1,803,512 1,703,346 - 100,166 99279 Police Recruitments 65,155 68,282 - 68,282 54,738 - 13,544 99281 Fed Forfeitures - Treasury 150,433 151,453 - 151,453 120,171 - 31,282 99316 Police Volunteers 125,921 132,179 - 132,179 117,540 - 14,639 99317 Police Education Fund 1,220,199 1,230,976 7,149 1,238,125 1,126,824 - 111,301 4 99325 Citizen's Police Academy 39,113 30,356 - 30,356 30,356 - 0 C 99329 Investigative Recovery Costs 1,927,724 1,990,413 39,730 2,030,144 1,575,414 2,096 452,634 5 99330 FL Contraband Forfeiture Fnd 1,144,565 895,247 29,963 925,210 606,927 - 318,283 6 99331 Law Enforcement Trust Fund 2,741,235 2,673,065 - 2,673,065 2,575,120 - 97,945 99350 Vehicle Replacement Fund 243,220 254,970 4,652 259,622 32,257 - 227,365 7 99356 Safe Neighborhood Program 640,046 798,803 - 798,803 639,436 40,000 119,367 99364 Crime Prevention Program 24,204 47,386 - 47,386 31,204 - 16,182 99387 Federal Forfeiture Sharing 1,706,496 1,780,080 61,154 1,841,233 1,305,441 94,745 441,047 8 99908 Police - Outside Duty 8,680,187 9,004,154 178,328 9,182,482 9,156,120 - 26,362 9 Sub-Total 21,152,950 22,095,900 361,048 22,362,718 19,885,168 136,841 2,340,709 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99732 Housing Rehab 2013 161,152 161,152 - 161,152 160,182 - 970 99737 Public Facilities 2014 180,000 180,000 - 180,000 130,000 - 50,000 99738 Economic Development 2014 50,960 50,960 - 50,960 5,609 - 45,351 99739 Housing Rehab 2014 539,578 539,578 - 539,578 118,230 - 421,348 99740 Program Administration 2014 151,297 151,297 - 151,297 144,778 - 6,519 99741 Relocation/Demolition 2014 27,979 27,979 - 27,979 - - 27,979 99742 Infill Housing 2014 71,585 71,585 - 71,585 10,000 - 61,585 99743 Public Services 2014 128,620 128,620 - 128,620 120,357 - 8,263 99744 Economic Development Incentives 292,500 292,500 - 292,500 - - 292,500 99745 Public Facilities 2015 150,000 150,000 - 150,000 - 150,000 0 99746 Economic Development 2015 10,000 10,000 - 10,000 2,777 - 7,223 99747 Housing Rehab 2015 276,051 276,051 - 276,051 62,188 - 213,863 99748 Program Administration 2015 145,259 145,259 - 145,259 57,007 - 88,252 99750 Infill Housing 2015 10,000 10,000 - 10,000 2,777 - 7,223 99751 Public Services 2015 134,988 134,988 - 134,988 74,724 54,944 5,320 99888 ULI Report Implementation - 500,000 - 500,000 - - 500,000 Sub-Total 2,444,968 2,944,968 - 2,944,968 937,963 204,944 1,802,061 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 426,257 429,677 - 429,677 163,019 - 266,658 99562 HUD Special Education 30,000 30,000 - 30,000 27,200 - 2,800 Sub-Total 456,257 459,677 - 459,677 190,219 - 269,458 29 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 690,456 697,679 - 697,679 134,480 - 563,199 Sub-Total 690,456 697,679 - 697,679 134,480 - 563,199 MISCELLANEOUS PROGRAMS 98601 Next Steps to Better Nutrition - - 10,000 10,000 420,381 - (410,381) 10 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 6,080 7,580 - 7,580 6,896 - 684 99846 Economic Development - QTI 85,729 85,729 - 85,729 52,116 - 33,613 99860 Strategic Direction Action Plan 250,000 250,000 - 250,000 234,750 12,500 2,750 99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192 99865 Special Events 2,623,672 3,230,896 692,984 3,923,881 3,304,317 144,285 475,279 11 99867 Centennial Celebration 150,000 150,000 - 150,000 99,496 12,229 38,275 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 106,301 106,301 37,500 143,801 92,847 50,954 12 99871 State Brownfields Redevelopment Acct 165,078 165,288 - 165,288 154,551 9,333 1,404 99872 Coordinated Child Care - Ross Norton 749,216 1,151,658 - 1,151,658 545,036 - 606,622 99910 Library Special Account 748,635 755,135 560 755,695 727,108 - 28,587 13 99925 Peg Access Support 838,261 838,261 - 838,261 796,977 29,995 11,289 99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 100,389 101,864 - 101,864 90,368 10,000 1,496 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,267,524 1,333,869 11,616 1,345,485 724,404 6,575 614,506 14 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 Sub-Total 14,260,874 15,346,570 752,660 16,099,231 11,301,254 224,917 4,573,060 TOTAL ALL PROJECTS 39,295,006 41,834,294 1,113,708 42,853,772 32,599,469 566,702 9,687,602 30 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2014/15 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 535,918 Mid year amendments to Special Development Fund revenues reflect a net increase of $535,918. Amendments include:1)an allocation of $248,918 in Sales Tax Infrastructure revenues to capital project 315-93528,Countryside Library Renovation as approved by the council on April 16,2015;and 2)an allocation of $287,000 of Recreation Land Impact Fees to project 315-93133,Park Land Acquisition as approved by the Council on April 16, 2015. 535,918$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 532,390 Mid year expenditure amendments reflect the following:1)a transfer of $248,918 in Sales Tax Infrastructure revenues to capital project 315-93528, Countryside Library Renovation as approved by the Council on April 16,2015;2)a transfer of $287,000 of Recreation Land Impact Fees to project 315-93133, Park Land Acquisition as approved by the Council on April 16,2015;and 3)the return of $3,527.93 in Sales Tax Infrastructure revenue from closed capital project 315-93630, Sid Lickton Complex Renovations. 532,390$ Net Expenditure Amendments 31 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2014/15 2014/15 2014/15 Amendments SPECIAL DEVELOPMENT FUND SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 1,920,480 1,920,480 1,920,480 Infrastructure Tax 9,453,580 9,453,580 9,453,580 Interest Earnings 35,000 35,000 35,000 Open Space Fees 20,000 20,000 20,000 Recreation Facility Impact Fees 25,000 25,000 25,000 Recreation Land Impact Fees 25,000 25,000 25,000 Transportation Impact 151,180 151,180 151,180 Local Option Gas Tax 1,424,090 1,424,090 1,424,090 Allocation of Assigned Fund Balance 1,770,630 2,280,630 2,816,548 535,918 14,824,960 15,334,960 15,870,878 535,918 Expenditures: Transfer to Capital Improvement Fund Road Millage 1,920,480 1,920,480 1,920,480 Infrastructure Tax 6,972,740 7,247,740 7,493,130 245,390 Recreation Facility Land Fees - 230,300 517,300 287,000 Transportation Impact fees 190,000 190,000 190,000 Local Option Gas Tax 1,424,090 1,424,090 1,424,090 Infrastructure Tax - Interfund Transfer 3,500,000 3,500,000 3,500,000 Infrastructure Tax - Debt on Internal Loans 712,650 712,650 712,650 14,719,960 15,225,260 15,757,650 532,390 32 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2014/15 2014/15 2014/15 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 1,026,250 1,026,250 1,026,250 Interest Earnings 50,000 76,225 76,225 Grant Funds - 290,104 445,237 155,132 Other Governmental Revenue - 402,442 402,442 Police Fines and Court Proceeds - 196,123 276,280 80,158 Donations - 21,707 22,267 560 Sales - 230,423 827,286 596,863 Rentals - 14,025 27,132 13,106 Sponsorships - 67,218 131,407 64,189 Memberships/Registrations - 4,000 5,400 1,400 Contractual Services - 510,521 712,820 202,299 Transfers from General Fund - 776,500 776,500 Sister City Program 3,000 3,000 3,000 Special Events 70,000 70,000 70,000 Bullet Proof Vests 165,000 165,000 165,000 1,314,250 3,853,539 4,967,247 1,113,708 Expenditures: CDBG/Home Funds 1,026,250 1,026,250 1,026,250 Planning - - - Public Safety - 942,950 *1,303,997 361,048 Community Development - - - Social Services - 3,420 3,420 Marine - 7,223 7,223 Sister City Program 3,000 3,000 3,000 Special Event Funding 70,000 70,000 70,000 Bullet Proof Vests 165,000 165,000 165,000 Other Miscellaneous Programs - 1,585,696 *2,338,357 752,660 1,264,250 3,803,539 4,917,247 1,113,708 * reclassified first quarter Police - Outside Duty Program amendment from Other Miscellaneous Programs to Public Safety LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds 499,550 499,550 499,550 Expenditures: SHIP Program 499,550 499,550 499,550 499,550 499,550 499,550 - 33 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2014/15 34 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. ***** 03/09/15 Administrative Change Order #2 – East WRF Generator & MS WRF Lab Electrical Improvements (11-0025-UT). This change order is needed to add items according to field conditions resulting in a net increase to contract. B.L. Smith Electric, Inc. 9,734.54 03/09/15 Administrative Change Order #1 and final – Marshall St WRF Chlorine Contact Tank Improvements (12-0007-UT). This change order is needed for final decreases and adds items according to field conditions resulting in a net decrease to contract. TLC Diversified, Inc. (21,570.00) 03/09/15 Administrative Change Order #1 – Lift Station 29, 46, 50 Improvements (13- 0047-UT). This change order is needed for increases and adds items according to field conditions resulting in a net increase to contract. Kloote Contracting, Inc. 34,934.80 03/16/15 Administrative Change Order #1 and final – Corona Avenue Gabions (14-0049- EN). This change order is needed for final decreases and increases according to field conditions resulting in a net decrease to contract. Keystone Excavators, Inc. (131,093.50) 03/18/15 Administrative Change Order #2 – Southgate Swale (14-0026-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. 7,211.65 03/25/15 Administrative Change Order #4 – Countryside Library Branch (11-0059-LI). This change order is needed to decrease items for owner direct purchases (ODP) resulting in a net decrease to contract. Ajax Building Corp. (76,108.00) City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2014/15 35 04/10/15 Administrative Change Order #1 and final – WTP 2 Contract 1: Remote Well Facilities Expansion (10-0039-UT-A). This change order is needed to decrease items for owner direct purchases (ODP), and for final decreases and adds items due to field conditions resulting in a net decrease to contract. Southeast Drilling Service, Inc. (399,978.85) 05/05/15 Administrative Change Order #1 – East WRF Effluent Filters Rehabilitation (13- 0014-UT). This change order is needed for decreasing the contract by owner direct purchases (ODP), and related to ODP Sales Tax Savings resulting in a net decrease to contract. Poole & Kent Co. (972,564.05) 05/08/15 Administrative Change Order #2 and final – Lift Station 29, 46, 50 (13-0047-UT). This change order is needed for final decreases and adds according to field conditions resulting in a net decrease to contract. Kloote Contracting, Inc. (17,716.25) Ordinance No. 8743-15 36 ORDINANCE NO. 8743-15 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, SOLID WASTE AND RECYCLING FUND, GAS FUND, PARKING 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 Mid Year Review it was found that an increase of $2,151,120 is necessary for revenues and an increase of $1,455,619 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 EXHIBIT A EXHIBIT A 2014-15 BUDGET REVENUE 2014-15 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 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 19,587,304 19,590,820 3,516 Charges for Services 14,227,040 14,227,040 14,259,540 32,500 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 10,178,977 10,178,977 - Other Financing Sources - - - - Transfer (to) from Reserves (364,010) 1,330,605 2,005,605 675,000 Total, General Fund 117,008,550 120,882,726 121,593,742 711,016 Special Revenue Funds: Special Development Fund 14,824,960 15,334,960 15,870,878 535,918 Special Program Fund 1,314,250 3,853,539 4,967,247 1,113,708 Local Housing Asst Trust Fund - 499,550 499,550 - Utility & Other Enterprise Funds: Water & Sewer Fund 71,989,410 72,293,720 72,293,720 - Stormwater Utility Fund 17,224,640 17,850,323 17,850,323 - Solid Waste & Recycling Fund 22,795,900 25,210,595 25,400,595 190,000 Gas Fund 42,503,420 47,387,313 46,885,413 (501,900) Airpark Fund 268,560 270,390 270,390 - Marine Fund 4,704,840 4,731,395 4,731,395 - Clearwater Harbor Marina 652,500 656,460 656,460 - Parking Fund 4,319,810 4,355,000 4,457,378 102,378 Harborview Center Fund - - - - Internal Service Funds: Administrative Services Fund 10,342,220 10,459,460 10,459,460 - General Services Fund 4,453,090 4,509,200 4,509,200 - Garage Fund 14,874,540 14,932,965 14,932,965 - Central Insurance Fund 22,856,430 22,971,437 22,971,437 - Total, All Funds 350,133,120 366,199,033 368,350,153 2,151,120 37 Ordinance #8743-15 EXHIBIT A (Continued) EXHIBIT A (Continued) 2014-15 BUDGET EXPENDITURES 2014-15 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2014/15 2014/15 2014/15 Amendments General Fund: City Council 278,880 280,040 280,040 - City Manager's Office 1,091,940 1,110,477 1,110,477 - City Attorney's Office 1,629,360 1,653,821 1,653,821 - City Auditor's Office 196,560 200,060 200,060 - Economic Development & Housing Svc 1,583,830 1,649,545 1,649,545 - Engineering 7,569,460 7,665,735 7,665,735 - Finance 2,073,730 2,183,290 2,183,290 - Fire 23,944,250 23,989,395 23,989,395 - Human Resources 1,056,010 1,068,780 1,068,780 - Library 6,070,250 6,156,870 6,156,870 - Marine & Aviation 870,720 880,470 912,970 32,500 Non-Departmental 3,941,910 6,705,994 7,380,994 675,000 Office of Management & Budget 313,570 313,570 313,570 - Official Records & Legislative Svcs 1,002,630 1,015,675 1,015,675 - Parks & Recreation 22,360,110 22,660,240 22,660,240 - Planning & Development 4,887,680 5,035,445 5,035,445 - Police 36,849,710 37,012,289 37,015,805 3,516 Public Communications 1,012,470 1,025,550 1,025,550 - Public Utilities 275,480 275,480 275,480 - Total, General Fund 117,008,550 120,882,726 121,593,742 711,016 Special Revenue Funds: Special Development Fund 14,719,960 15,225,260 15,757,650 532,390 Special Program Fund 1,264,250 3,803,539 4,917,247 1,113,708 Local Housing Asst Trust Fund 499,550 499,550 499,550 Utility & Other Enterprise Funds: Water & Sewer Fund 70,406,600 70,710,910 70,710,910 - Stormwater Utility Fund 17,207,410 17,595,223 17,595,223 - Solid Waste & Recycling Fund 22,721,790 25,136,485 25,136,485 - Gas Fund 37,515,660 40,207,978 39,296,483 (911,495) Airpark Fund 207,810 209,640 209,640 Marine Fund 4,526,360 4,552,915 4,562,915 10,000 Clearwater Harbor Marina 554,280 558,240 558,240 - Parking Fund 4,246,040 4,281,230 4,281,230 - Harborview Center Fund - - - - Internal Service Funds: Administrative Services Fund 10,254,800 10,372,040 10,372,040 - General Services Fund 4,386,430 4,442,540 4,442,540 - Garage Fund 14,848,020 14,906,445 14,906,445 - Central Insurance Fund 22,838,200 22,953,207 22,953,207 - Total, All Funds 343,205,710 356,337,928 357,793,547 1,455,619 38 Ordinance #8743-15 39 Ordinance No. 8744-15 ORDINANCE NO. 8744-15 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 $2,614,010 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 Mid Year 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 Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr Mid Year Original Amended Amended Budget Budget Budget 2014/15 2014/15 2014/15 Amendments Police Protection 1,775,000 1,775,000 1,775,000 Fire Protection 5,007,240 4,975,211 5,011,083 35,872 New Street Construction 0 0 0 Major Street Maintenance 3,369,570 3,369,570 3,369,570 Sidewalk and Bike Trail 472,000 472,000 472,000 Intersections 335,000 335,000 335,000 Parking 287,500 287,500 287,500 Miscellaneous Engineering 35,000 35,000 685,000 650,000 Land Acquisition 0 235,000 522,000 287,000 Park Development 1,860,000 3,330,514 3,326,986 (3,528) Marine Facilities 548,000 548,000 548,000 Airpark Facilities 15,000 140,000 140,000 Libraries 635,000 635,000 1,008,918 373,918 Garage 7,697,000 7,697,000 8,773,108 1,076,108 Maintenance of Buildings 645,000 645,000 645,000 Miscellaneous 1,070,000 1,070,000 1,070,000 Stormwater Utility 5,804,850 9,254,335 9,254,335 Gas System 4,000,000 4,810,000 5,003,181 193,181 Solid Waste 520,000 1,504,275 1,504,275 Utilities Miscellaneous 110,000 110,000 110,000 Sewer System 7,617,380 8,137,454 8,138,938 1,484 Water System 6,590,000 6,590,000 6,589,975 (25) Recycling 90,000 1,105,725 1,105,725 TOTAL PROJECT EXPENDITURES 48,483,540 57,061,584 59,675,594 2,614,010 GENERAL SOURCES: General Operating Revenue 2,345,100 3,999,285 4,674,260 674,975 General Revenue/County Co-op 635,000 635,000 635,000 Road Millage 1,920,480 1,920,480 1,920,480 Penny for Pinellas 6,972,740 7,247,740 7,529,002 281,262 Transportation Impact Fee 190,000 190,000 190,000 Recreation Land Impact Fees 0 230,300 517,300 287,000 Local Option Gas Tax 1,424,090 1,424,090 1,424,090 Special Program Fund 35,000 35,000 35,000 Grants - Other Agencies 0 0 0 Other Governmental 0 554,397 555,881 1,484 Property Owner's Share 0 0 193,181 193,181 Donations 100,000 125,000 225,000 100,000 Contributions 0 324,000 324,000 Developer Public Art Contribution 0 0 0 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 40 Ordinance # 8744-15 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2014/15 2014/15 2014/15 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 SELF SUPPORTING FUNDS: Marine Revenue 120,000 120,000 120,000 Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 15,000 15,000 15,000 Parking Revenue 357,500 357,500 357,500 Utility System: Water Revenue 4,764,700 4,764,700 4,764,700 Sewer Revenue 5,900,460 5,900,460 5,900,460 Water Impact Fees 10,300 10,300 10,300 Sewer Impact Fees 12,460 12,460 12,460 Utility R&R 3,397,460 3,397,460 3,397,460 Stormwater Utility Revenue 5,804,850 5,804,850 5,804,850 Gas Revenue 4,000,000 4,000,000 4,000,000 Solid Waste Revenue 520,000 1,520,000 1,520,000 Recycling Revenue 90,000 1,090,000 1,090,000 Grants - Other Agencies 0 3,512,457 3,512,457 INTERNAL SERVICE FUNDS: Garage Revenue 232,000 232,000 232,000 Administrative Services Revenue 710,000 710,000 710,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,014,400 1,014,400 1,014,400 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 155,000 155,000 155,000 Lease Purchase - Sewer 77,000 79,705 79,705 Lease Purchase - Stormwater 0 0 0 Bond Issue - Water & Sewer 0 0 0 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,265,000 7,265,000 8,341,108 1,076,108 Lease Purchase - Administrative Services 400,000 400,000 400,000 TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 59,675,594 2,614,010 41 Ordinance # 8744-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8743-15 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8743-15 on second reading, 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, Solid Waste and Recycling Fund, Gas Fund, and Parking Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/11/2015 Mid Year 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: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: May 25, 2015 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2014 through March, 2015) 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 $711,016. The major reason for the overall General Fund expenditure increase is the appropriation of General Fund reserves of $675,000 at mid year. Amendments include $650,000 for the Centennial Monument project and $25,000 to fund the furniture contract for the Countryside Library, both of which were previously approved by Council. In addition, enhanced revenues of $32,500 are recognized at mid year for sales of concession souvenirs at Pier 60 which offset expenditure increases in the Pier 60 program; and an increase of $3,516 to intergovernmental revenue for reimbursements which offset expenditure increases in Police Department overtime. 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 mid year are approximately $21.4 million, or 18.3% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $11.5 million. Significant amendments to other City Operating Funds are noted as follows. Mid Year Budget Review Fiscal 2014-15 City Manager's Transmittal Gas Fund Mid year budget amendments to Gas Fund expenditures reflect a net decrease of $911,495. Significant mendments include a decrease of $1,225,970 to propane and commodity purchases; an increase of $155,000 to interest expense; an increase of $27,700 to personal services; and $120,000 to fund a legal settlement which is offset by Gas Fund reserves as previously approved by Council. Solid Waste and Recycling Fund Budget amendments to the Solid Waste and Recycling Fund reflect a net increase of $190,000 to fund revenues at mid year. Significant amendments include increases of $115,000 to Solid Waste collection fees, $30,000 to interest earnings, $30,000 to Recycling fees, $25,000 to contractor collection fees, and a decrease of $10,000 to sales of recyclables. Marine Fund Mid year budget amendments to the Marine Fund reflect an increase of $10,000 to operating supplies to fund unplanned expenditures. This increase is offset by operating revenues in the fund. Parking Fund Budget amendments to the Parking Fund reflect an increase of $102,378 to rental revenue for the renewal for the Salt Block 57 agreement. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect an increase of $2,614,010. This increase is primarily a result of the following amendments: an increase in Garage – Lease Purchase funding for the Radio P25 Upgrade project for $1,076,108; an increase recognizing transfers from General Fund reserves to the Centennial Monument project for $650,000; increases to the Countryside Library Renovation project representing a transfer from the Special Development Fund for $248,918 in Sales Tax Infrastructure revenue, $100,000 in donation revenue, and a transfer of $25,000 from General Fund reserves; and a transfer from the Special Development Fund recognizing $287,000 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 17. Project activity not previously approved by the Council, includes increases representing Property Owners Share revenue for the following Gas System Projects: $66,496 for Line Relocation Pinellas; $40,188 for Pinellas New Mains – Service Lines; $30,960 for Pasco New Mains – Service Lines; and $28,583 for Line Relocation Pasco Maintenance. Special Program Fund The Special Program Fund reflects a net budget increase of $1,113,708 at mid year. Amendments include the recognition of over $155,000 in grant proceeds supporting the Next Steps to Better Nutrition program, the Health Prevention program, and Police programs for AmeriCorps and Federal Forfeiture Sharing; almost $700,000 for the special events and sponsorships programs in the last three months; over $80,000 in fines and court proceeds to support public safety programs and the tree replacement program; and over $180,000 in revenues for police outside duty contractual services. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2014/15 2014/15 FY 14/15 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 117,008,550 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742 Expenditures 117,008,550 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742 Utility Funds: Water & Sewer Fund Revenues 71,989,410 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720 Expenditures 70,406,600 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910 Stormwater Fund Revenues 17,224,640 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323 Expenditures 17,207,410 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223 Gas Fund Revenues 42,503,420 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413 Expenditures 37,515,660 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483 Solid Waste and Recycling Fund Revenues 22,795,900 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595 Expenditures 22,721,790 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485 Enterprise Funds: Marine Fund Revenues 4,704,840 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395 Expenditures 4,526,360 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915 Airpark Fund Revenues 268,560 270,390 134,278 138,170 3,892 3%- 270,390 Expenditures 207,810 209,640 115,991 111,357 4,634 4%- 209,640 Clearwater Harbor Marina Fund Revenues 652,500 656,460 348,156 380,137 31,981 9%- 656,460 Expenditures 554,280 558,240 296,757 264,238 32,519 11%- 558,240 Parking Fund Revenues 4,319,810 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378 Expenditures 4,246,040 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230 Internal Service Funds: General Services Fund Revenues 4,453,090 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200 Expenditures 4,386,430 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540 Administrative Services Revenues 10,342,220 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460 Expenditures 10,254,800 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040 Garage Fund Revenues 14,874,540 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965 Expenditures 14,848,020 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445 Central Insurance Fund Revenues 22,856,430 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437 Expenditures 22,838,200 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2014-15 REPORT PAGE # General Fund Operating Budget .................................................................................................................. 3 Utility Funds Operating Budget ..................................................................................................................... 7 Other Enterprise Funds Operating Budgets .............................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................................ 14 Capital Improvement Program Budget ....................................................................................................... 17 Special Program Fund Budget.................................................................................................................... 26 Special Development Fund ......................................................................................................................... 31 Administrative Change Orders .................................................................................................................... 34 Ordinances .................................................................................................................................................. 36 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2014 through March 31, 2015. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2015. 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. Mid Year Projection Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 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. Amended Prev Qtr The amended project budget approved at first quarter. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the mid year review. Revised Budget The previously amended project budget inclusive of amendments proposed at mid year. 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 Local Option, Fuel & Other Taxes At mid year,local option,fuel and other taxes revenues exhibit a 12%negative variance.This is primarily related to timing of collection of Business Tax License revenue which, for the first seven months of this year,is approximately 17% 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 mid year,franchise fee revenues reflect a 12%negative variance primarily related to the Duke Energy fee.Revenues received for the first seven periods of the year are 14%less than expected due to mild winter weather patterns.No amendment is proposed until additional months of revenue are available for review. Other Permits and Fees At mid year,other permits and fees revenue reflects a 40% positive variance in building permit revenue due to increased development in the City. No amendments are proposed. Intergovernmental 3,516 Amendments to other governmental revenue reflect an increase of $3,516 in reimbursements from the Department of Treasury supporting the IRS and Joint Terrorism Task Force which offset expenditure increases in the Police Department. Charges for Service 32,500 Amendments to charges for service reflect an increase of $32,500 to Pier 60 concession souvenirs revenue which offset expenditure increases in the Pier 60 cost center. Judgments, Fines & Forfeitures At mid year,fines and forfeitures revenues reflect a 31% 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 seven months of the fiscal year is approximately 21%less than expected for the year.No amendments are proposed until further data is available for review. Miscellaneous At mid year,miscellaneous revenues reflect a 42%positive variance primarily related to the posting of the City's credit card rebate. No amendments are proposed. City of Clearwater General Fund Revenues Mid Year Amendments FY 2014/15 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2014/15 Mid year amendments reflect a net appropriation of $675,000.00 from General Fund reserves.Amendments represent the following allocations: 650,000 1)An appropriation of $650,000 from fund reserves to project 315-92844,Centennial Monument.This was approved by Council on March 19, 2015. 25,000 2)An appropriation of $25,000 from fund reserves to fund the furniture contract for capital project 315-93528, Countryside Library Renovation,as approved by Council on May 7, 2015. 675,000 711,016 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description 32,500 Amendments to Marine &Aviation reflect increases of $25,300 to inventory purchases for resale,$4,000 to operating supplies, and $3,200 to full time salaries.These expenditure increases are offset by an amendment increasing Pier 60 revenue. 3,516 At mid year,amendments to the Police Department reflect a net increase of $3,516 to overtime which is offset by revenue amendments recognizing the reimbursements received for overtime from the Department of Treasury,IRS and Joint Terrorism Task Force. Non-Departmental The budget amendment reflects City Council approved interfund transfers of $675,000 to capital improvement projects, as follows: 650,000 1)A transfer of $650,000 from General Fund reserves to project 315-92844,Centennial Monument;as approved by the Council on March 19, 2015. 25,000 5)A transfer of $25,000 from General Fund reserves to project 315-93528,Countryside Library renovation;as approved by the Council on May 7, 2015. 675,000 711,016 Net General Fund Expenditure Amendment Police Marine & Aviation City of Clearwater General Fund Expenditures Mid Year Amendments FY 2014/15 5 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Ad Valorem Taxes 38,779,620 34,984,800 35,434,762 449,962 1%- 38,779,620 Utility Taxes 14,182,400 5,822,006 5,803,068 (18,938) 0%- 14,182,400 Local Option, Fuel & Other Taxes 7,604,780 2,323,360 2,044,255 (279,105) -12%- 7,604,780 Franchise Fees 10,090,000 4,256,665 3,754,779 (501,886) -12%- 10,090,000 Other Permits & Fees 2,220,500 1,110,246 1,550,999 440,753 40%- 2,220,500 Intergovernmental 19,587,304 7,962,398 8,632,130 669,732 8%3,516 19,590,820 Charges for Services 14,227,040 6,646,048 6,600,907 (45,141) -1%32,500 14,259,540 Judgments, Fines & Forfeitures 1,034,000 506,085 350,111 (155,974) -31%- 1,034,000 Miscellaneous Revenues 1,647,500 606,760 863,616 256,856 42%- 1,647,500 Transfers In 10,178,977 6,997,193 6,981,999 (15,194) 0%- 10,178,977 TOTAL REVENUES 119,552,121 71,215,561 72,016,626 801,065 1%36,016 119,588,137 Transfer (to) from Surplus 1,330,605 - - - ~675,000 2,005,605 ADJUSTED REVENUES 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742 GENERAL FUND EXPENDITURES City Council 280,040 153,788 141,684 12,104 8%- 280,040 City Manager's Office 1,110,477 589,492 587,645 1,847 0%- 1,110,477 City Attorney's Office 1,653,821 862,246 703,326 158,920 18%- 1,653,821 City Auditor's Office 200,060 115,220 112,404 2,816 2%- 200,060 Economic Development & Housing 1,649,545 1,126,570 1,064,363 62,207 6%- 1,649,545 Engineering 7,665,735 4,756,366 4,668,913 87,453 2%- 7,665,735 Finance 2,183,290 1,272,293 1,229,935 42,358 3%- 2,183,290 Fire 23,989,395 13,633,952 13,167,525 466,427 3%- 23,989,395 Human Resources 1,068,780 573,971 532,536 41,435 7%- 1,068,780 Library 6,156,870 3,642,443 3,507,401 135,042 4%- 6,156,870 Marine & Aviation 880,470 473,537 452,330 21,207 4%32,500 912,970 Non-Departmental 6,705,994 5,434,388 5,493,394 (59,006) -1%675,000 7,380,994 Office of Management & Budget 313,570 178,549 129,224 49,325 28%- 313,570 Official Records & Legislative Svcs 1,015,675 550,881 531,847 19,034 3%- 1,015,675 Parks & Recreation 22,660,240 12,177,234 11,382,542 794,692 7%- 22,660,240 Planning & Development 5,035,445 2,830,713 2,633,314 197,399 7%- 5,035,445 Police 37,012,289 21,156,639 20,378,324 778,315 4%3,516 37,015,805 Public Communications 1,025,550 554,787 512,717 42,070 8%- 1,025,550 Public Utilities 275,480 - ~- 275,480 TOTAL EXPENDITURES 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742 For Six Month Period of October 1, 2014- March 31, 2015 GENERAL FUND MID YEAR REVIEW 6 Increase/ (Decrease)Description Water & Sewer Fund At mid year, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $1,582,810 for FY 2014/15. Revenues: No amendments are proposed to Water &Sewer Fund revenues at mid year. Expenditures: No amendments are proposed to Water &Sewer Fund expenditures at mid year. Stormwater Fund At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $255,100 for FY 2014/15. Revenues: No amendments are proposed to Stormwater Fund revenues at mid year. Expenditures: No amendments are proposed to Stormwater Fund expenditures at mid year. Gas Fund At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $7,588,930 for fiscal year 2014/15. Revenues:(501,900) Mid year revenue amendments in the Gas Fund reflect the following: 1)decreases totaling $715,000 in sales of gas due to a mild winter;2) decreases totaling $84,000 in service charges to customers including franchise fees and installation charges;3)an increase of $77,100 in other revenues;4)an increase $100,000 in interest earnings;and 5) an allocation of $120,000 in Gas Fund reserves to fund a legal settlement as approved by the Council on March 19, 2015. Expenditures:(911,495) Mid year expenditure amendments in the Gas Fund reflect the following:1)increases in salaries totaling $27,700 for overtime and major medical;2)other operating decreases of $1,225,970 primarily due to decreased propane and commodity purchases;3)an increase of $155,080 to interest expense;4)amendments to various codes which net an increase of $11,695 to bring the budget in line with actual expenditures;and 5)an increase of $120,000 to fund a legal settlement as approved by the Council on March 19, 2015. City of Clearwater Utility Funds Mid Year Amendments FY 2014/15 7 Increase/ (Decrease)Description City of Clearwater Utility Funds Mid Year Amendments FY 2014/15 Solid Waste and Recycling Fund At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $264,110 for fiscal year 2014/15. Revenues:190,000 Mid year revenue amendments in the Solid Waste and Recycling Fund reflect a net increase of $190,000,amendments include:1)an increase of $30,000 to recycling fees due to better than expected fee generation;2)a decrease of $10,000 in sale of recyclables due to decreasing market price for single stream commodity;3)an increase of $115,000 in Solid Waste collection fees due to better than expected collections;4)an increase of $25,000 in contractor collection fees due to increased revenue generated from private haulers;and 5)an increase of $30,000 in interest earnings. Expenditures: No amendments are proposed to Solid Waste and Recycling Fund expenditures at mid year. 8 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Charges for Service 70,472,170 35,236,086 34,428,662 (807,424) -2%- 70,472,170 Judgments, Fines and Forfeits 271,000 135,498 125,116 (10,382) -8%- 271,000 Miscellaneous 1,246,240 319,704 475,937 156,233 49%- 1,246,240 Transfers In - - - - ~- - Fund Equity 304,310 - - - ~- 304,310 Total Revenues 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720 Water & Sewer Fund Expenditures Public Utilities Administration 1,067,385 562,890 425,741 137,149 24%- 1,067,385 Wastewater Collection 7,404,490 4,622,350 4,397,095 225,255 5%- 7,404,490 Public Utilities Maintenance 3,973,290 2,177,419 1,916,359 261,060 12%- 3,973,290 WPC / Plant Operations 16,418,945 10,543,763 8,904,395 1,639,368 16%- 16,418,945 WPC / Laboratory Operations 1,315,395 693,586 637,118 56,468 8%- 1,315,395 WPC / Industrial Pretreatment 853,520 458,690 378,534 80,156 17%- 853,520 Water Distribution 12,629,960 8,881,297 8,498,021 383,276 4%- 12,629,960 Water Supply 10,743,535 5,464,780 6,394,273 (929,493) -17%- 10,743,535 Reclaimed Water 2,390,860 1,279,154 1,121,098 158,056 12%- 2,390,860 Non-Departmental 13,913,530 6,956,766 5,743,469 1,213,297 17%- 13,913,530 Total Expenditures 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910 STORMWATER FUND Stormwater Utility Revenues Charges for Service 16,942,940 8,471,472 8,625,852 154,380 2%- 16,942,940 Judgments, Fines and Forfeits 50,000 25,002 37,763 12,761 51%- 50,000 Miscellaneous 231,700 83,450 195,667 112,217 134%- 231,700 Transfers In 539,173 539,173 539,173 - 0%- 539,173 Fund Equity 86,510 - - - ~- 86,510 Total Revenues 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323 Stormwater Utility Expenditures Stormwater Management 11,000,253 8,611,802 8,050,956 560,846 7%- 11,000,253 Stormwater Maintenance 6,594,970 3,481,270 3,204,454 276,816 8%- 6,594,970 Total Expenditures 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223 GAS FUND Gas Fund Revenues Charges for Service 42,730,020 23,294,064 23,043,412 (250,652) -1%(799,000) 41,931,020 Judgments, Fines and Forfeits 150,000 75,000 76,672 1,672 2%- 150,000 Miscellaneous 483,400 455,898 333,767 (122,131) -27%177,100 660,500 Transfers In 40,000 40,000 40,000 - 0%- 40,000 Fund Equity 3,983,893 - - - ~120,000 4,103,893 Total Revenues 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413 Gas Fund Expenditures Administration & Supply 25,687,064 14,391,039 13,164,910 1,226,129 9%(1,239,580) 24,447,484 South Area Gas Operations 7,553,815 5,205,572 5,251,861 (46,289) -1%205,150 7,758,965 North Area Gas Operations 2,835,590 1,873,527 1,677,449 196,078 10%83,290 2,918,880 Marketing & Sales 4,131,509 2,811,735 2,691,551 120,184 4%39,645 4,171,154 Total Expenditures 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483 For the Six Month Period of October 1, 2014 to March 31, 2015 UTILITY FUNDS MID YEAR REVIEW 9 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2014 to March 31, 2015 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues Other Permits and Fees 1,000 498 1,017 519 104%- 1,000 Charges for Service 19,171,000 9,635,500 9,809,605 174,105 2%140,000 19,311,000 Judgments, Fines and Forfeits 85,100 42,546 42,987 441 1%- 85,100 Miscellaneous 634,000 334,402 388,276 53,874 16%30,000 664,000 Transfers In - - - - ~- - Solid Waste Revenues 19,891,100 10,012,946 10,241,885 228,939 2%170,000 20,061,100 Recycling Revenues Other Permits and Fees 300 150 173 23 15%- 300 Intergovernmental - - - - ~- - Charges for Service 2,087,080 1,047,040 1,076,100 29,060 3%30,000 2,117,080 Judgments, Fines and Forfeits 7,700 3,852 4,044 192 5%- 7,700 Miscellaneous 386,750 190,582 191,516 934 0%(10,000) 376,750 Transfers In - - - - ~- - Recycling Revenues 2,481,830 1,241,624 1,271,833 30,209 2%20,000 2,501,830 Fund Equity 2,837,665 - - - ~- 2,837,665 Total Revenues 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595 Solid Waste Expenditures Collection 16,431,415 8,875,714 8,086,926 788,788 9%- 16,431,415 Transfer 2,641,720 1,932,618 1,813,373 119,246 6%- 2,641,720 Container Maintenance 863,800 473,087 442,874 30,213 6%- 863,800 Administration 1,079,840 571,349 540,049 31,300 5%- 1,079,840 Solid Waste Expenditures 21,016,775 11,852,768 10,883,221 969,547 8%- 21,016,775 Recycling Expenditures Residential 2,225,050 1,661,788 1,613,542 48,246 3%- 2,225,050 Multi-Family 427,330 228,566 185,628 42,938 19%- 427,330 Commercial 1,467,330 812,518 665,630 146,888 18%- 1,467,330 Recycling Expenditures 4,119,710 2,702,872 2,464,800 238,072 9%- 4,119,710 Total Expenditures 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485 10 Increase/ (Decrease)Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $168,480 at mid year fiscal year 2014/15. Revenues: No amendments are proposed to Marine Fund revenues at mid year. Expenditures:10,000 Amendments to Marine Fund expenditures reflect an increase of $10,000 to operating supplies to fund unplanned expenditures. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $98,220 at mid year fiscal year 2014/15. Revenues: No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Expenditures: No amendments are proposed to Clearwater Harbor Marina Fund expenditures at mid year. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $60,750 at mid year fiscal year 2014/15. Revenues: No amendments are proposed to Airpark Fund revenues at mid year. Expenditures: No amendments are proposed to Airpark Fund expenditures at mid year. Parking Fund At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $176,148 for fiscal year 2014/15. Revenues:102,378 At mid year,Parking Fund revenues reflect a 49%positive variance. This variance is primarily due to increased parking rates,and the busy tourist season. Amendments reflect an increase of $102,378 in rental revenue due to the renewal of the Salt Block 57 agreement which will be approved by the Council June 3, 2015. Expenditures: No amendments are proposed to Parking Fund expenditures at mid year. FY 2014/15 City of Clearwater Other Enterprise Funds Mid Year Amendments 11 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND MARINE FUND REVENUES Intergovernmental - - - - ~- - Charges for Service 4,666,840 1,896,328 1,824,256 (72,072) -4%- 4,666,840 Judgments, Fines and Forfeits 1,000 498 1,290 792 159%- 1,000 Miscellaneous Revenue 37,000 18,400 21,417 3,017 16%- 37,000 Transfers In - - - - ~- - Fund Equity 26,555 - - - ~- 26,555 TOTAL REVENUES 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395 MARINE FUND EXPENDITURES Marina Operations 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915 TOTAL EXPENDITURES 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Intergovernmental 50,000 50,000 50,000 - 0%- 50,000 Charges for Service 595,000 294,704 321,039 26,335 9%- 595,000 Judgments, Fines and Forfeits 1,500 750 390 (360) -48%- 1,500 Miscellaneous Revenue 6,000 2,702 8,708 6,006 222%- 6,000 Transfers In - - - - ~- - Fund Equity 3,960 - - - ~- 3,960 TOTAL REVENUES 656,460 348,156 380,137 31,981 9%- 656,460 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 558,240 296,757 264,238 32,519 11%- 558,240 TOTAL EXPENDITURES 558,240 296,757 264,238 32,519 11%- 558,240 AIRPARK FUND AIRPARK FUND REVENUES Charges for Service 7,000 3,498 6,766 3,268 93%- 7,000 Miscellaneous Revenue 261,560 130,780 131,404 624 0%- 261,560 Transfers In - - - - ~- - Fund Equity 1,830 - - - ~- 1,830 TOTAL REVENUES 270,390 134,278 138,170 3,892 3%- 270,390 AIRPARK FUND EXPENDITURES Airpark Operations 209,640 115,991 111,357 4,634 4%- 209,640 TOTAL EXPENDITURES 209,640 115,991 111,357 4,634 4%- 209,640 For The Six Month Period of October 1, 2014 - March 31, 2015 ENTERPRISE FUNDS MID YEAR REVIEW 12 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2014 - March 31, 2015 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND PARKING FUND REVENUES Charges for Service 3,043,910 1,318,000 2,088,793 770,793 58%- 3,043,910 Judgments, Fines and Forfeits 600,000 273,500 318,121 44,621 16%- 600,000 Miscellaneous Revenue 675,900 329,848 450,888 121,040 37%102,378 778,278 Transfers In - - - - ~- - Fund Equity 35,190 - - - ~- 35,190 TOTAL REVENUES 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378 PARKING FUND EXPENDITURES Engineering / Parking System 3,049,130 1,800,651 1,712,127 88,524 5%- 3,049,130 Engineering / Parking Enforcement 614,690 314,829 250,072 64,757 21%- 614,690 Parks & Rec / Beach Guards 617,410 343,175 301,245 41,930 12%- 617,410 TOTAL EXPENDITURES 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230 13 Increase/ (Decrease)Description General Services At mid year, anticipated revenues of the General Services Fund exceed anticipated expenditures by $66,660 for fiscal year 2014/15. Revenues: No amendments are proposed to General Services Fund revenues at mid year. Expenditures: No amendments are proposed to General Services Fund expenditures at mid year. Administrative Services At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $87,420 for fiscal year 2014/15. Revenues: No amendments are proposed to Administrative Services Fund revenues at mid year. Expenditures: No amendments are proposed to Administrative Services Fund expenditures at mid year. Garage Fund At mid year, anticipated revenues of the Garage Fund exceed anticipated expenditures by $26,520 for fiscal year 2014/15. Revenues: No amendments are proposed to Garage Fund revenues at mid year. Expenditures: No amendments are proposed to Garage Fund expenditures at mid year. Central Insurance At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $18,230 for fiscal year 2014/15. Revenues: No amendments are proposed to Central Insurance Fund revenues at mid year. Expenditures: No amendments are proposed to Central Insurance Fund expenditures at mid year. City of Clearwater Internal Service Funds Mid Year Amendments FY 2014/15 14 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Charges for Service 4,433,090 2,216,550 2,259,093 42,543 2%- 4,433,090 Miscellaneous Revenues 20,000 10,000 16,427 6,427 64%- 20,000 Transfers In - - - - ~- - Fund Equity 56,110 - - - ~- 56,110 TOTAL REVENUES 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200 GENERAL SERVICES FUND EXPENDITURES Administration 484,210 269,724 243,028 26,696 10%- 484,210 Building & Maintenance 3,958,330 2,110,597 1,963,262 147,335 7%- 3,958,330 TOTAL EXPENDITURES 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Charges for Service 10,002,220 5,001,114 4,978,909 (22,205) 0%- 10,002,220 Miscellaneous Revenues 105,000 51,000 74,279 23,279 46%- 105,000 Transfers In - - - - ~- - Fund Equity 352,240 - - - ~- 352,240 TOTAL REVENUES 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin 393,510 218,393 172,717 45,676 21%- 393,510 Information Tech / Network Svcs 2,668,165 1,499,167 1,491,269 7,898 1%- 2,668,165 Info Tech / Software Applications 2,859,645 1,763,949 1,758,718 5,231 0%- 2,859,645 Info Tech / Telecommunications 809,570 411,533 515,078 (103,545) -25%- 809,570 Public Comm / Courier 153,430 76,723 62,133 14,590 19%- 153,430 Clearwater Customer Service 3,487,720 1,952,606 1,842,664 109,942 6%- 3,487,720 TOTAL EXPENDITURES 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040 GARAGE FUND GARAGE FUND REVENUES Charges for Service 14,464,540 7,232,268 5,940,534 (1,291,734) -18%- 14,464,540 Miscellaneous Revenues 410,000 185,996 249,900 63,904 34%- 410,000 Transfers In - - - - ~- - Fund Equity 58,425 - - - ~- 58,425 TOTAL REVENUES 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965 Garage Fund Expenditures Fleet Maintenance 9,518,285 5,045,271 4,350,923 694,348 14%- 9,518,285 Fleet Maintenance Vehicle Replacement 4,663,880 2,331,942 2,254,012 77,930 3%- 4,663,880 Radio Communications 724,280 365,578 94,623 270,955 74%- 724,280 TOTAL EXPENDITURES 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445 For The Six Month Period of October 1, 2014 - March 31, 2015 INTERNAL SERVICE FUNDS MID YEAR REVIEW 15 2014/15 2014/15 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2014 - March 31, 2015 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Charges for Service 22,049,200 11,024,604 10,736,528 (288,076) -3%- 22,049,200 Miscellaneous Revenues 807,230 334,416 281,057 (53,359) -16%- 807,230 Transfers In - - 20,531 20,531 ~- - Fund Equity 115,007 - - - ~- 115,007 TOTAL REVENUES 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 433,750 239,989 215,564 24,425 10%- 433,750 Human Resources / Employee Benefits 361,240 198,566 179,502 19,064 10%- 361,240 Human Resources / Employee Health Clinic 1,782,790 891,396 901,342 (9,946) -1%- 1,782,790 Non-Departmental 20,375,427 10,239,679 8,327,031 1,912,648 19%- 20,375,427 TOTAL EXPENDITURES 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207 16 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2014/15 17 The amended 2014/15 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $2,614,010. 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:  Line Relocation Pinellas - Capitalized – To record a budget increase in the amount of $66,496 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received.  Pinellas New Mains - Service Lines – To record a budget increase in the amount of $40,188 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received.  Pasco New Mains - Service Lines – To record a budget increase in the amount of $30,960 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received.  Line Relocation Pasco Maintenance – To record a budget increase in the amount of $28,593 of Property Owners Share revenue, bringing budgeted revenues in line with actual cash received. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Radio P25 Upgrade 1,076,108 04/16/15 Centennial Monument 650,000 03/19/15 Countryside Library Renovation 373,918 04/16/15 & 05/07/15 Park Land Acquisition 287,000 04/16/15 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Main Station (Fire) 1 315-91253 35,872 * To record a budget increase in the amount of $35,871.83 of Infrastructure Sales Tax (Penny for Pinellas)revenue.This represents the fiscal year 2014 loan interest payment made to the Central Insurance Fund.35,872 Centennial Monument - NEW PROJECT 2 315-92844 650,000 To establish the project budget and record a budget increase in the amount of $650,000.00 of General Fund reserves to fund the construction of the Centennial Monument.This was approved by the City Council on March 19, 2015.650,000 Park Land Acquisition 3 315-93133 287,000 To record a budget increase in the amount of $287,000.00 of Recreation Land Impact fees from the Special Development Fund.To fund the purchase of real property located at 3198 Gulf-to-Bay Boulevard.This was approved by City Council on April 16, 2015.287,000 Restrooms on Clearwater Beach - CLOSE PROJECT 4 315-93273 (13,882) To record a budget transfer in the amount of $13,882.19 of General Fund revenue to project 315-93624,Pier 60 Park Repair and Improvements.This project is complete and will be closed.(13,882) Countryside Library Renovation 5 315-93528 248,918 To record a budget increase in the amount of $248,918.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue from the Special Development Fund.The funding will provide the additional funding needed for the Countryside Recreation Center HVAC upgrades.This was approved by the City Council on April 16, 2015. 100,000 * To record a budget increase in the amount of $100,000.00 of Donation Revenue received from the Clearwater Library Foundation.This will bring budgeted revenues in line with actual cash received.This was approved by the City Council on May 7, 2015. 25,000 To record a budget increase in the amount of $25,000.00 of General Fund reserves.This revenue along with the donation, will provided for the additional funds needed for the furniture, fixtures and equipment purchase.This was approved by the City Council on May 7, 2015.373,918 Pier 60 Park Repair and Improvements 6 315-93624 13,882 To record a budget transfer in the amount of $13,882.19 of General Fund revenue from project 315-93273,Restrooms on Clearwater Beach.The Restrooms on Clearwater Beach project is complete and will be closed.13,882 Sid Lickton Complex Renovations - CLOSE PROJECT 7 315-93630 (3,528) To record a budget decrease in the amount of $3,527.93 of Infrastructure Sales Tax (Penny for Pinellas)revenue and return these funds to the Special Development Fund.This project is complete and will be closed.(3,528) CAPITAL IMPROVEMENT FUND Second Quarter Amendments FY 2014/15 18 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Second Quarter Amendments FY 2014/15 Radio P25 Upgrade 8 316-94243 1,076,108 To record a budget increase in the amount of $1,076,108.12 of Garage Lease Purchase funding.This amendment will utilize funding in the amount of $1,000,000.00 that was originally scheduled for fiscal year 2016 in the approved six-year CIP budget.The funding will provide for the Police terminal upgrade for the city-wide two-way radio P-25 communication system. This was approved by the City Council on April 16, 2015.1,076,108 Gas Meter Change Out - Pinellas 9 315-96367 (80,000) To record a budget transfer in the amount of $80,000.00 of Gas fund revenue,to project 315-96379,Gas Meter Change Out - Pasco. (80,000) Line Relocation Pinellas- Capitalized 10 315-96374 66,496 * To record a budget increase in the amount of $66,496.34 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 66,496 Line Relocation Pasco Maintenance 11 315-96376 28,593 * To record a budget increase in the amount of $28,592.77 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 28,593 Pinellas New Mains- Service Lines 12 315-96377 40,188 * To record a net budget increase in the amount of $40,187.59 representing Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 40,188 Pasco New Mains- Service Lines 13 315-96378 30,960 * To record a budget increase in the amount of $30,960.47 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 30,960 Gas Meter Change Out - Pasco 14 315-96379 80,000 To record a budget transfer in the amount of $80,000.00 of Gas fund revenue,from project 315-96367,Gas Meter Change Out - Pinellas. 80,000 Line Relocation - Pasco- Capitalized 15 315-96381 21,192 * To record a budget increase in the amount of $21,192.05 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 21,192 Expanded Energy Conservation 16 315-96386 5,752 * To record a budget increase in the amount of $5,751.68 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash received. 5,752 19 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Second Quarter Amendments FY 2014/15 BioSolids Treatment 17 315-96611 1,484 * To record a budget increase in the amount of $1,483.86 of Other Governmental revenue received from the City of Safety Harbor.This will bring budgeted revenues in line with actual cash received. 1,484 Line Relocation - Capital 18 315-96742 (25) * To record a budget decrease in the amount of $25.19 of Interest Earned Other revenue.This will bring budgeted revenues in line with actual cash received. (25) TOTALS 2,614,010 - 2,614,010 20 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91150 Range Improvements 1,700,000 1,700,000 1,700,000 25,250 1,674,750 91151 Police Property / Evidence Storage 75,000 75,000 75,000 14,171 60,829 1,775,000 1,775,000 - 1,775,000 - 39,421 1,735,579 Fire Protection 91218 Fire Engine Replacement 1,598,746 1,598,746 1,598,746 1,553,195 45,551 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,856,400 1,856,400 1,856,400 845,559 1,010,841 91236 Rescue Vehicle 1,419,869 1,419,869 1,419,869 818,550 178,510 422,809 91253 Main Station (Fire)11,592,885 11,592,885 35,872 11,628,757 10,357,950 692,292 578,515 1 91257 AED Program 121,960 121,960 121,960 119,400 2,560 91258 Ladder Truck Equipment 150,000 147,967 147,967 147,967 0 C 91259 Radio Replacements 364,640 364,640 364,640 359,071 5,569 91260 Thermal Imaging Cameras 112,530 112,530 112,530 69,295 43,235 91261 Personal Protection Equipment 1,283,690 1,283,690 1,283,690 976,064 10,254 297,372 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634 91263 Extrication Tools 56,000 56,000 56,000 25,603 30,397 91264 Fire Hose Replacement 235,810 235,810 235,810 163,126 72,684 91266 Rescue Squad Replacement 850,000 827,340 827,340 827,340 0 C 91267 Training Facility Concrete Pad Replace 90,000 82,665 82,665 82,665 0 C 91268 Countryside Fire Station 3,697,910 3,697,910 3,697,910 4,573 215,668 3,477,670 Sub-Total 24,721,150 24,689,121 35,872 24,724,993 17,464,203 1,096,723 6,164,067 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 2,943,580 4,855 1,199,134 Sub-Total 4,147,569 4,147,569 - 4,147,569 2,943,580 4,855 1,199,134 Major Street Maintenance 92274 Bridge Maintenance & Improvements 6,670,150 6,670,150 6,670,150 1,331,867 3,425,702 1,912,582 92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,745,839 3,042,901 702,938 92276 Traffic Calming Program 5,928,635 5,928,635 5,928,635 2,371,451 951,020 2,606,164 92277 Streets and Sidewalks 9,849,057 9,849,057 9,849,057 4,512,562 781,028 4,555,466 Sub-Total 26,193,681 26,193,681 - 26,193,681 11,258,781 5,157,750 9,777,150 Sidewalks and Bike Trail 92339 New Sidewalks 1,247,471 1,247,471 1,247,471 641,715 20,648 585,108 Sub-Total 1,247,471 1,247,471 - 1,247,471 641,715 20,648 585,108 Intersections 92559 City-Wide Intersection Improvement 799,056 799,056 799,056 1,921 797,135 92560 Signal Renovation 210,385 210,385 210,385 87,351 9,675 113,359 92561 New Signal Installation 322,877 322,877 322,877 167,097 155,780 92562 Intersection Improvements 2,447,017 2,447,017 2,447,017 14,993 2,432,024 Sub-Total 3,779,335 3,779,335 - 3,779,335 271,362 9,675 3,498,298 Parking 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000 92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 185,352 16,570 128,078 92652 Parking Lot Resurfacing 954,633 954,633 954,633 267,910 88,311 598,412 92653 Parking Garage Structure Repair 622,603 622,603 622,603 175,831 68,154 378,618 92654 Parking Lot Improvement 830,357 830,357 830,357 84,769 11,500 734,088 92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 15,800 50,148 14,052 Sub-Total 12,217,593 12,217,593 - 12,217,593 829,662 234,683 11,153,248 Miscellaneous Engineering 92839 Downtown Intermodal 621,078 621,078 621,078 519,967 101,111 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535 92841 Miscellaneous Engineering 193,396 193,396 193,396 74,930 5,985 112,481 92844 Centennial Monument 0 0 650,000 650,000 0 576,522 73,478 2 Sub-Total 3,314,474 3,314,474 650,000 3,964,474 2,653,361 582,507 728,606 Land Acquisition 93133 Park Land Acquisition 0 235,000 287,000 522,000 122,807 399,193 3 Sub-Total - 235,000 287,000 522,000 122,807 - 399,193 21 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Improve 419,380 419,380 419,380 353,044 66,336 93205 Brighthouse Field Infrastructure Imp 1,015,345 1,015,345 1,015,345 930,504 48,276 36,565 93247 Fitness Equipment Replacement 255,000 255,000 255,000 194,175 60,825 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93271 Swimming Pool R&R 671,573 671,573 671,573 548,040 9,500 114,033 93272 Bicycle Paths-Bridges 3,353,896 3,599,196 3,599,196 2,407,412 860,829 330,954 93273 Restrooms on Clearwater Beach 923,000 923,000 (13,882) 909,118 909,118 0 C 4 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,441 93278 Long Center Infra Repairs 625,183 625,183 625,183 535,102 90,081 93286 Parking Lot/Bike Path Rsr/Imprv 656,943 656,943 656,943 541,116 115,827 93602 Sp Events Equip Rep & Rplcmnt 235,000 235,000 235,000 198,936 36,064 93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 257,903 159,097 93608 Miscellaneous Minor Public Art 253,061 253,061 253,061 117,847 15,852 119,361 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93618 Miscellaneous Park & Rec Contract 170,000 170,000 170,000 148,785 20,774 441 93623 Capitol Theatre 8,305,936 8,305,936 8,305,936 7,551,989 753,947 93624 Pier 60 Park Repairs and Improvements 510,000 510,000 13,882 523,882 146,933 68,272 308,677 6 93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000 93626 FDOT Median & ROW Enhancement 340,206 340,206 340,206 211,206 6,829 122,171 93628 Carpenter/Bright House Fld Imp 32,482 32,482 32,482 32,482 93629 North Greenwood Athletic Fields 651,825 651,825 651,825 607,119 5,669 39,037 93630 Sid Lickton Complex Renovations 3,298,146 3,298,146 (3,528) 3,294,618 3,294,618 0 C 7 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 861,501 761 235,228 93633 Pier 60 Park Repairs and Improvements 160,000 160,000 160,000 125,075 28,939 5,986 93634 Concrete Sidewalk & Pad Repair 163,176 163,176 163,176 57,639 105,537 93635 Park Amenity Purch & Rplcmnt 182,800 182,800 182,800 111,912 7,105 63,783 93636 Tennis Court Resurfacing 105,310 105,310 105,310 23,216 43,560 38,534 93637 Playground & Fitness Purch & Rplc 337,079 337,079 337,079 198,440 11,166 127,473 93638 Fencing Replacement Program 204,664 204,664 204,664 80,999 4,600 119,065 93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 86,146 64,564 455,800 93640 Bright House Repairs 701,272 1,477,486 1,477,486 881,088 401,304 195,093 93642 Phillip-Jones Restroom/Concession 220,000 220,000 220,000 5,085 67,600 147,315 93643 John Deere Utility Tractor 40,000 40,000 40,000 40,000 0 93644 Joe DiMaggio Press Box Storage 400,000 400,000 400,000 28,122 371,666 212 93645 Joe DiMaggio Multi Field Reno 0 148,000 148,000 55,516 41,413 51,071 93646 Rest Rm Expan-Barefoot Bch House 0 301,000 301,000 1,179 750 299,071 Sub-Total 30,924,226 32,394,740 (3,528) 32,391,212 22,220,081 2,119,431 8,051,700 Marine Facilities 93403 Beach Guard Facility Maint 140,000 140,000 140,000 109,884 30,116 93405 Downtown Boat Slips 12,693,770 12,693,770 12,693,770 12,282,951 17,200 393,619 93410 Clwr Harbor Marina Maintenance 75,000 75,000 75,000 45,409 29,591 93412 City-wide Seawall Replacement 1,581,000 1,581,000 1,581,000 721,201 242,397 617,401 93415 Waterway Maintenance 260,000 260,000 260,000 32,529 227,471 93417 Pier 60 Refurbishment 600,000 600,000 600,000 596,789 3,211 93418 Utilities Services Replacement 137,714 137,714 137,714 91,361 46,353 93419 Dock Replacement & Repair 81,727 81,727 81,727 42,881 8,890 29,956 93420 Fuel System R & R 57,752 57,752 57,752 20,576 37,176 93421 Marine Facilities Dredging & Maint 68,715 68,715 68,715 61,630 7,085 93422 Dredging of City Waterways 246,204 246,204 246,204 60,889 51,960 133,355 93495 Dock Construction 24,858 24,858 24,858 24,858 0 93497 Docks & Seawalls 1,186,085 1,186,085 1,186,085 552,272 633,813 93499 Pier 60/Sailing Center Maint 261,952 261,952 261,952 228,870 33,082 Sub-Total 17,414,777 17,414,777 - 17,414,777 14,872,100 320,447 2,222,230 Airpark 94817 Airpark Maint & Repair 149,000 149,000 149,000 134,831 14,169 94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,985,083 12,341 2,576 94881 Airpark Hangar Rehabilitation 200,000 200,000 200,000 168,670 1,653 29,677 94882 Rehabilitation of Hanger "D"500,000 625,000 625,000 5,407 586,753 32,840 Sub-Total 2,849,000 2,974,000 - 2,974,000 2,293,991 600,747 79,262 22 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,083,877 44,768 667,955 93528 Countryside Library Renovation 7,102,668 7,102,668 373,918 7,476,586 3,499,301 2,786,607 1,190,678 5 93529 Main Library Entryway Improve 130,000 130,000 130,000 77,739 52,261 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 6,250,000 Sub-Total 21,279,269 21,279,269 373,918 21,653,187 10,660,918 2,831,375 8,160,895 Garage 94233 Motorized Equip-Cash II 1,370,656 1,370,656 1,370,656 1,090,702 69,074 210,881 94238 Police Vehicles 1,600,001 1,600,001 1,600,001 1,233,845 134,230 231,927 94241 Motorized Equipment Replace - L/P 19,126,392 19,126,392 19,126,392 10,191,857 4,042,379 4,892,156 94242 Overhead Crane 48,000 48,000 48,000 48,000 0 C 94243 Radio P25 Upgrade 2,000,000 2,000,000 1,076,108 3,076,108 596,849 1,392,648 1,086,611 8 Sub-Total 24,145,049 24,145,049 1,076,108 25,221,157 13,161,252 5,638,330 6,421,575 Maintenance of Buildings 94510 Air Cond Replace-City Wide 2,771,538 2,771,538 2,771,538 2,549,514 222,024 94512 Roof Repairs 680,345 680,345 680,345 644,972 35,373 94514 Roof Replacements 1,990,352 1,990,352 1,990,352 1,337,564 652,788 94517 Painting of Facilities 1,017,720 1,017,720 1,017,720 679,792 18,731 319,197 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 988,952 988,952 988,952 746,604 18,431 223,918 94521 Elevator Refurbish/Modernization 280,000 280,000 280,000 167,196 267 112,537 94528 Light Replacement & Repair 279,931 279,931 279,931 214,523 65,408 94529 MSB Restroom Renovations 65,000 65,000 65,000 5,010 59,990 94530 Building Systems 250,000 250,000 250,000 30,796 17,921 201,283 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 1,151,160 1,151,160 66,702 1,084,458 Sub-Total 10,589,809 10,589,809 - 10,589,809 6,625,835 55,349 3,908,625 Miscellaneous 94729 City-wide Connect Infra 2,106,478 2,106,478 2,106,478 1,696,098 1,501 408,879 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 533,658 533,658 533,658 244,249 289,409 94803 Environmental Assmt & Clean-up 990,964 990,964 990,964 715,793 275,171 94814 Network Infra & Server Upgrade 2,985,057 2,985,057 2,985,057 2,334,869 42,219 607,970 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 400,000 400,000 400,000 285,334 1,875 112,790 94827 Telecommunications Upgrade 479,000 479,000 479,000 334,953 10,665 133,382 94828 Financial Systems Upgrades 976,628 976,628 976,628 225,243 2,938 748,448 94829 CIS Upgrades / Replacement 847,376 847,376 847,376 318,999 42,168 486,209 94830 MS Licensing / Upgrades 775,000 775,000 775,000 504,143 270,857 94833 Computer Monitors 320,000 320,000 320,000 318,430 1,570 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 90,278 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 155,084 344,612 304 94857 Accela Permitting & Code Enforce 250,000 250,000 250,000 66,123 4,200 179,677 94861 Library Technology 1,250,000 1,250,000 1,250,000 744,532 23,243 482,225 94873 Citywide Camera System 160,000 160,000 160,000 109,452 50,548 94874 City Enterprise Timekeeping System 185,000 185,000 185,000 161,897 23,103 94878 Asset Management Upgrade 120,000 120,000 120,000 120,000 94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 105,000 94880 Granicus Agenda Management Sys 60,000 60,000 60,000 41,136 18,864 94883 Business Process Review & Improvements 150,000 150,000 150,000 150,000 Sub-Total 15,536,887 15,536,887 - 15,536,887 9,733,693 563,699 5,239,495 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 17,324,338 17,324,338 17,324,338 11,422,952 2,212,243 3,689,143 96125 Town Lake 8,843,010 8,771,668 8,771,668 8,771,669 0 C 96129 Stevenson Creek Estuary Restoration 6,967,225 6,967,225 6,967,225 6,275,363 691,862 96137 FDEP Compliance 1,008,000 981,830 981,830 981,830 0 C 96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 381,097 19,435 98,718 96168 Stormwater System Expansion 2,457,956 2,457,956 2,457,956 112,630 10,130 2,335,196 96169 Stevenson Creek 4,717,122 3,967,122 3,967,122 2,908,752 260,272 798,098 96170 Coastal Basin Projects 7,193,178 6,293,178 6,293,178 3,377,903 9,108 2,906,168 96173 Alligator Creek Watershed Projects 4,666,490 2,716,490 2,716,490 997,260 68,778 1,650,452 96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 105,531 17,288 77,181 96177 Jeffords Street Outfall 400,000 400,000 400,000 106,763 29,247 263,990 96178 Smallwood Circle 2,437,719 2,437,719 2,437,719 1,151,750 553,592 732,377 96179 Tropic Hills Phase III 1,291,326 1,291,326 1,291,326 1,291,326 0 C 96180 Stormwater Maint St Sweeping Fac 376,511 683,004 683,004 301,963 11,525 369,516 96181 Jeffords Street Channel 1,596,362 1,396,272 1,396,272 1,396,273 0 C 96183 Mandalay Ave Outfall 1,600,000 1,440,593 1,440,593 1,440,593 0 C 96184 Magnola Drive Outfall 3,100,000 3,100,000 3,100,000 212,118 51,024 2,836,857 96185 Woodlawn Terrace Floodplain Storage 1,006,620 1,006,620 1,006,620 842,873 26,560 137,187 96186 Hillcrest Bypass Culvert 0 3,900,000 3,900,000 255,691 3,644,309 96187 Mango Outfall 0 1,800,000 1,800,000 146,400 1,653,600 96188 East Gateway Improvements 0 1,500,000 1,500,000 404,680 1,095,320 Sub-Total 65,685,107 69,134,592 - 69,134,592 42,078,645 4,075,973 22,979,975 Water System 96721 System R & R - Maintenance 3,666,799 3,666,799 3,666,799 2,118,718 746 1,547,335 96739 Reclaimed Water Dist Sys 63,271,459 63,271,459 63,271,459 60,521,562 360,057 2,389,840 96740 Water Supply/Treatment 5,870,430 5,870,430 5,870,430 4,996,910 32,512 841,008 96741 System R & R-Capitalized 10,236,996 10,236,996 10,236,996 8,440,050 15,599 1,781,347 96742 Line Relocation-Capitalized 12,364,511 12,364,511 (25) 12,364,486 10,508,048 202,818 1,653,620 18 96743 Mtr Bkflow Prev Dev/Change 4,324,046 4,324,046 4,324,046 3,298,247 1,025,799 96744 System Expansion 2,174,673 2,174,673 2,174,673 2,042,251 132,422 96752 Water Service Lines 4,892,119 4,892,119 4,892,119 3,605,553 61,125 1,225,441 96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 15,650,877 765,378 449,496 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745 96767 RO Plant at Res #2 44,948,968 44,948,968 44,948,968 41,992,165 2,456,840 499,962 96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 106,208 143,792 96773 Groundwater Replenishment Facility 6,705,833 6,705,833 6,705,833 2,733,156 28,608 3,944,069 96774 Automated Meter Reading 2,300,000 2,300,000 2,300,000 71,860 2,228,140 96775 Arsenic Treatment WTP #3 1,359,420 1,359,420 1,359,420 96,648 50,534 1,212,239 96777 Water Supply Pick-up Trucks 120,000 120,000 120,000 34,288 85,712 96778 Fork Lift 30,000 30,000 30,000 23,953 6,047 96779 Trench Box 65,000 65,000 65,000 65,000 Sub-Total 180,046,005 180,046,005 (25) 180,045,980 156,248,750 3,974,216 19,823,014 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 4,849,383 4,849,383 3,486,435 936,636 426,313 96204 WWTP UV Disinfections System 1,225,986 1,225,986 1,225,986 808,745 42,025 375,215 96205 Industrial Pretreatment Vehicle 25,000 22,584 22,584 22,584 0 C 96206 Maintenance Vehicle 26,000 18,121 18,121 18,121 0 C 96207 Mini Dump Truck 50,000 50,000 50,000 50,000 96208 Bobcat E35 Compact Excavator 27,000 40,000 40,000 27,000 13,000 96611 Bio-Solids Treatment 9,191,761 9,191,761 1,484 9,193,245 7,717,744 10,335 1,465,166 17 96615 Odor Control 2,172,523 2,157,094 2,157,094 1,927,302 229,792 96619 WWTP Generator Replacements 4,211,383 4,411,383 4,411,383 3,015,580 1,162,220 233,583 96621 WWTP New Presses 3,402,580 3,402,580 3,402,580 3,388,052 14,528 96630 Sanitary Sewer Extension 11,609,894 11,572,866 11,572,866 5,159,261 3,741,796 2,671,809 96634 Sanitary Util Reloc Accmmdtn 5,291,813 5,291,813 5,291,813 3,759,814 123,075 1,408,924 96645 Laboratory Upgrade & R&R 2,166,259 1,966,259 1,966,259 1,456,865 227,738 281,656 96654 Facilities Upgrade & Improvement 19,193,882 19,763,708 19,763,708 14,404,575 2,809,311 2,549,822 96664 WPC R & R 23,389,964 23,389,964 23,389,964 17,788,659 2,189,655 3,411,649 96665 Sanitary Sewer R&R 27,628,789 27,628,789 27,628,789 21,447,912 4,500,466 1,680,412 96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,551 96686 Pump Station Replacement 18,276,977 18,276,977 18,276,977 15,624,921 125,420 2,526,636 Sub-Total 135,325,716 135,845,790 1,484 135,847,274 102,352,539 15,895,677 17,599,057 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,404,794 2,404,794 2,404,794 1,385,890 175,902 843,002 96365 Line Relocation-Pinellas Maint 1,906,927 984,106 984,106 502,528 84,670 396,908 96367 Gas Meter Change Out-Pinellas 1,540,000 3,215,000 (80,000) 3,135,000 2,045,457 1,089,543 9 96374 Line Relocation-Pinellas Capitalized 2,586,983 2,586,983 66,496 2,653,479 2,239,879 413,600 10 96376 Line Relocation - Pasco Maint 880,000 380,000 28,593 408,593 84,756 323,837 11 96377 Pinellas New Main / Service Lines 24,534,656 25,344,656 40,188 25,384,844 22,200,469 192,458 2,991,917 12 96378 Pasco New Mains / Service Lines 11,226,538 12,226,538 30,960 12,257,498 9,846,849 253,111 2,157,538 13 96379 Pasco Gas Meter Change Out 1,070,000 467,821 80,000 547,821 452,279 95,542 14 96381 Line Reloc-Pasco-Capitalized 905,000 255,000 21,192 276,192 2,601 273,591 15 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 838,843 153,157 96384 Gas Building Renovation 1,649,675 1,649,675 1,649,675 496,782 1,152,893 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,012,066 545,779 96386 Expanded Energy Conservation 2,978,418 2,978,418 5,752 2,984,170 2,666,886 90,946 226,338 16 96387 Natural Gas Vehicle 4,100,000 4,100,000 4,100,000 3,718,172 381,829 96389 Future IMS Software & Hardware 200,000 200,000 200,000 56,274 143,726 Sub-Total 58,532,836 59,342,836 193,181 59,536,017 47,549,731 797,087 11,189,199 Solid Waste 96426 Facility R & R 2,152,608 2,152,608 2,152,608 1,528,680 18,632 605,296 96443 Res Container Acquisition-II 1,491,741 1,491,741 1,491,741 1,057,438 434,303 96444 Comm Container Acquisition-II 2,990,020 2,990,020 2,990,020 2,161,260 41,455 787,305 96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 189,414 0 96446 Single Stream Recycling Carts 1,500,000 1,484,275 1,484,275 1,484,275 0 C 96447 Transfer Station Rebuild 0 1,000,000 1,000,000 1,000,000 Sub-Total 8,323,783 9,308,058 - 9,308,058 6,421,066 60,087 2,826,904 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 634,184 634,184 634,184 526,551 2,987 104,646 Sub-Total 793,717 793,717 - 793,717 678,146 2,987 112,583 Recycling 96804 Recycling Carts/Dumpsters 850,925 866,650 866,650 555,441 2,928 308,282 96805 Recycling Expansion/Particip/R&R 1,271,525 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 Sub-Total 2,122,450 3,138,175 - 3,138,175 1,435,220 56,242 1,646,713 TOTAL ALL PROJECTS 650,964,903 659,542,947 2,614,010 662,156,957 472,517,439 44,137,910 145,501,608 25 Special Program Fund Mid Year Budget Amendments October 1, 2014 - March 31, 2015 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs AmeriCorps Clearwater 2015 1 99212 66,194 To record a budget increase of $66,194 in grant revenue from Volunteer Florida to fund the AmeriCorps program for 2015 as approved by the Council on December 15,2014. The total grant funding approved for the program is $148,346;this amendment is necessary to correct the first quarter amendment which established the grant portion of the program at only $82,152.66,194 2013 RRT - Investigative Cost Recovery - CLOSE PROGRAM 2 99243 (1,368) To record a transfer of $1,367.66 in fines,forfeitures and penalties revenue to program 181-99329,Investigative Cost Recovery.This will return unspent revenue to the original program and close this completed program.(1,368) AmeriCorps Clearwater 2013 - CLOSE PROGRAM 3 99246 (24,754) To record a budget reduction of $24,754.31 in grant revenue to bring the budget in line with actual revenue received and close this completed program.(24,754) Police Education Fund 4 99317 7,149 To record a budget increase of $7,149.17 in police education fine revenue to bring the budget in line with actual receipts.7,149 Investigative Cost Recovery 5 99329 38,363 1,368 To record a budget increase of $5,039.22 in grant revenue from the US Department of Justice,an increase of $31,553.97 in fines,forfeitures and penalties revenue,and an increase of $1,769.36 in overtime reimbursement revenue to bring the budget in line with actual receipts. To record a transfer of $1,367.66 in fines,forfeitures and penalties revenue from closed program 181-99243,2013 RRT - Investigative Cost Recovery.39,730 Florida Contraband Forfeiture Fund 6 99330 29,963 To record a budget increase of $29,838.70 in fines, forfeitures and penalties revenue,and a increase of $124.59 in reimbursement revenue to bring the budget in line with actual receipts.29,963 Vehicle Replacement 7 99350 4,652 To record a transfer of $4,651.50 in police services revenue from program 181-99908,Extra Duty Program.This represents revenue collected for vehicle usage on extra duty jobs.4,652 26 Special Program Fund Mid Year Budget Amendments October 1, 2014 - March 31, 2015 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Federal Forfeiture Sharing 8 99387 61,154 To record a budget increase of $61,153.53 in grant revenue from the US Department of Justice to bring the budget in line with actual receipts.61,154 Police - Outside Duty 9 99908 182,980 (4,652) To record a budget increase of $182,979.50 in Police Services revenue to bring the budget in-line with actual revenue received. To record a budget transfer of $4,651.50 in Police Services revenue to project 181-99350,Vehicle Replacement.This represents revenue collected for vehicle usage on extra duty jobs.178,328 Public Safety Program Totals:361,048 - 361,048 Miscellaneous Programs: Next Steps to Better Nutrition - NEW PROGRAM 10 98601 10,000 To establish the program and record a budget increase of $10,000 in grant revenue from the National Council on Aging as approved by the Council on April 16, 2015.10,000 Special Events 11 99865 692,984 To record a budget increase of $692,984.34;representing increases of $13,106.38 in rental income,$64,189.20 in sponsorship revenue,$1,400.00 in memberships and registrations,$596,863.43 in sales revenue,and $17,425.33 in reimbursements,which will bring the budget in line with actual receipts for the quarter. 692,984 Health Prevention Program 12 99869 37,500 To record a budget increase of $37,500 in grant revenue from the Florida Department of Health as approved by the Council on April 16, 2015.37,500 27 Special Program Fund Mid Year Budget Amendments October 1, 2014 - March 31, 2015 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Library Special Account 13 99910 560 To record a budget increase of $560.00 in donation revenue to bring the budget in line with actual receipts.560 Tree Replacement Program 14 99970 11,616 To record a budget increase of $11,616.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.11,616 Miscellaneous Programs Total:752,660 - 752,660 Grand Total:1,113,708 - 1,113,708 28 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42 99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99206 2014 Report Review Team Program 111,979 58,283 - 58,283 39,771 - 18,512 99207 Bulletproof Vests 165,000 165,000 - 165,000 62,074 - 102,926 99208 FDOT HVE Ped/Bicycle Safety Grnt - 94,230 - - 51,439 - (51,439) 99209 Clearwater Cold Case Team 2014 - 30,671 - 30,671 3,421 - 27,250 99211 2014 RRT Invest Cost Recovery - 53,696 - 53,696 3,706 - 49,990 99212 AmeriCorps Clearwater 2015 - 166,246 66,194 232,440 50,319 - 182,121 1 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 50,379 - 36,621 99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,566 - 347 99243 2013 RRT - Invest Cost Recovery 52,377 52,377 (1,368) 51,009 51,009 - 0 C 2 99244 AmeriCorps 2014 259,187 259,187 - 259,187 254,921 - 4,266 99246 AmeriCorps 2013 270,606 262,423 (24,754) 237,669 237,669 - 0 C 3 99264 School Resource Officers 1,492,391 1,803,512 - 1,803,512 1,703,346 - 100,166 99279 Police Recruitments 65,155 68,282 - 68,282 54,738 - 13,544 99281 Fed Forfeitures - Treasury 150,433 151,453 - 151,453 120,171 - 31,282 99316 Police Volunteers 125,921 132,179 - 132,179 117,540 - 14,639 99317 Police Education Fund 1,220,199 1,230,976 7,149 1,238,125 1,126,824 - 111,301 4 99325 Citizen's Police Academy 39,113 30,356 - 30,356 30,356 - 0 C 99329 Investigative Recovery Costs 1,927,724 1,990,413 39,730 2,030,144 1,575,414 2,096 452,634 5 99330 FL Contraband Forfeiture Fnd 1,144,565 895,247 29,963 925,210 606,927 - 318,283 6 99331 Law Enforcement Trust Fund 2,741,235 2,673,065 - 2,673,065 2,575,120 - 97,945 99350 Vehicle Replacement Fund 243,220 254,970 4,652 259,622 32,257 - 227,365 7 99356 Safe Neighborhood Program 640,046 798,803 - 798,803 639,436 40,000 119,367 99364 Crime Prevention Program 24,204 47,386 - 47,386 31,204 - 16,182 99387 Federal Forfeiture Sharing 1,706,496 1,780,080 61,154 1,841,233 1,305,441 94,745 441,047 8 99908 Police - Outside Duty 8,680,187 9,004,154 178,328 9,182,482 9,156,120 - 26,362 9 Sub-Total 21,152,950 22,095,900 361,048 22,362,718 19,885,168 136,841 2,340,709 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99732 Housing Rehab 2013 161,152 161,152 - 161,152 160,182 - 970 99737 Public Facilities 2014 180,000 180,000 - 180,000 130,000 - 50,000 99738 Economic Development 2014 50,960 50,960 - 50,960 5,609 - 45,351 99739 Housing Rehab 2014 539,578 539,578 - 539,578 118,230 - 421,348 99740 Program Administration 2014 151,297 151,297 - 151,297 144,778 - 6,519 99741 Relocation/Demolition 2014 27,979 27,979 - 27,979 - - 27,979 99742 Infill Housing 2014 71,585 71,585 - 71,585 10,000 - 61,585 99743 Public Services 2014 128,620 128,620 - 128,620 120,357 - 8,263 99744 Economic Development Incentives 292,500 292,500 - 292,500 - - 292,500 99745 Public Facilities 2015 150,000 150,000 - 150,000 - 150,000 0 99746 Economic Development 2015 10,000 10,000 - 10,000 2,777 - 7,223 99747 Housing Rehab 2015 276,051 276,051 - 276,051 62,188 - 213,863 99748 Program Administration 2015 145,259 145,259 - 145,259 57,007 - 88,252 99750 Infill Housing 2015 10,000 10,000 - 10,000 2,777 - 7,223 99751 Public Services 2015 134,988 134,988 - 134,988 74,724 54,944 5,320 99888 ULI Report Implementation - 500,000 - 500,000 - - 500,000 Sub-Total 2,444,968 2,944,968 - 2,944,968 937,963 204,944 1,802,061 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 426,257 429,677 - 429,677 163,019 - 266,658 99562 HUD Special Education 30,000 30,000 - 30,000 27,200 - 2,800 Sub-Total 456,257 459,677 - 459,677 190,219 - 269,458 29 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2014 to March 31, 2015 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 690,456 697,679 - 697,679 134,480 - 563,199 Sub-Total 690,456 697,679 - 697,679 134,480 - 563,199 MISCELLANEOUS PROGRAMS 98601 Next Steps to Better Nutrition - - 10,000 10,000 420,381 - (410,381) 10 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 6,080 7,580 - 7,580 6,896 - 684 99846 Economic Development - QTI 85,729 85,729 - 85,729 52,116 - 33,613 99860 Strategic Direction Action Plan 250,000 250,000 - 250,000 234,750 12,500 2,750 99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192 99865 Special Events 2,623,672 3,230,896 692,984 3,923,881 3,304,317 144,285 475,279 11 99867 Centennial Celebration 150,000 150,000 - 150,000 99,496 12,229 38,275 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 106,301 106,301 37,500 143,801 92,847 50,954 12 99871 State Brownfields Redevelopment Acct 165,078 165,288 - 165,288 154,551 9,333 1,404 99872 Coordinated Child Care - Ross Norton 749,216 1,151,658 - 1,151,658 545,036 - 606,622 99910 Library Special Account 748,635 755,135 560 755,695 727,108 - 28,587 13 99925 Peg Access Support 838,261 838,261 - 838,261 796,977 29,995 11,289 99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 100,389 101,864 - 101,864 90,368 10,000 1,496 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,267,524 1,333,869 11,616 1,345,485 724,404 6,575 614,506 14 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 Sub-Total 14,260,874 15,346,570 752,660 16,099,231 11,301,254 224,917 4,573,060 TOTAL ALL PROJECTS 39,295,006 41,834,294 1,113,708 42,853,772 32,599,469 566,702 9,687,602 30 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2014/15 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 535,918 Mid year amendments to Special Development Fund revenues reflect a net increase of $535,918. Amendments include:1)an allocation of $248,918 in Sales Tax Infrastructure revenues to capital project 315-93528,Countryside Library Renovation as approved by the council on April 16,2015;and 2)an allocation of $287,000 of Recreation Land Impact Fees to project 315-93133,Park Land Acquisition as approved by the Council on April 16, 2015. 535,918$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 532,390 Mid year expenditure amendments reflect the following:1)a transfer of $248,918 in Sales Tax Infrastructure revenues to capital project 315-93528, Countryside Library Renovation as approved by the Council on April 16,2015;2)a transfer of $287,000 of Recreation Land Impact Fees to project 315-93133, Park Land Acquisition as approved by the Council on April 16,2015;and 3)the return of $3,527.93 in Sales Tax Infrastructure revenue from closed capital project 315-93630, Sid Lickton Complex Renovations. 532,390$ Net Expenditure Amendments 31 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2014/15 2014/15 2014/15 Amendments SPECIAL DEVELOPMENT FUND SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 1,920,480 1,920,480 1,920,480 Infrastructure Tax 9,453,580 9,453,580 9,453,580 Interest Earnings 35,000 35,000 35,000 Open Space Fees 20,000 20,000 20,000 Recreation Facility Impact Fees 25,000 25,000 25,000 Recreation Land Impact Fees 25,000 25,000 25,000 Transportation Impact 151,180 151,180 151,180 Local Option Gas Tax 1,424,090 1,424,090 1,424,090 Allocation of Assigned Fund Balance 1,770,630 2,280,630 2,816,548 535,918 14,824,960 15,334,960 15,870,878 535,918 Expenditures: Transfer to Capital Improvement Fund Road Millage 1,920,480 1,920,480 1,920,480 Infrastructure Tax 6,972,740 7,247,740 7,493,130 245,390 Recreation Facility Land Fees - 230,300 517,300 287,000 Transportation Impact fees 190,000 190,000 190,000 Local Option Gas Tax 1,424,090 1,424,090 1,424,090 Infrastructure Tax - Interfund Transfer 3,500,000 3,500,000 3,500,000 Infrastructure Tax - Debt on Internal Loans 712,650 712,650 712,650 14,719,960 15,225,260 15,757,650 532,390 32 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2014/15 2014/15 2014/15 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 1,026,250 1,026,250 1,026,250 Interest Earnings 50,000 76,225 76,225 Grant Funds - 290,104 445,237 155,132 Other Governmental Revenue - 402,442 402,442 Police Fines and Court Proceeds - 196,123 276,280 80,158 Donations - 21,707 22,267 560 Sales - 230,423 827,286 596,863 Rentals - 14,025 27,132 13,106 Sponsorships - 67,218 131,407 64,189 Memberships/Registrations - 4,000 5,400 1,400 Contractual Services - 510,521 712,820 202,299 Transfers from General Fund - 776,500 776,500 Sister City Program 3,000 3,000 3,000 Special Events 70,000 70,000 70,000 Bullet Proof Vests 165,000 165,000 165,000 1,314,250 3,853,539 4,967,247 1,113,708 Expenditures: CDBG/Home Funds 1,026,250 1,026,250 1,026,250 Planning - - - Public Safety - 942,950 *1,303,997 361,048 Community Development - - - Social Services - 3,420 3,420 Marine - 7,223 7,223 Sister City Program 3,000 3,000 3,000 Special Event Funding 70,000 70,000 70,000 Bullet Proof Vests 165,000 165,000 165,000 Other Miscellaneous Programs - 1,585,696 *2,338,357 752,660 1,264,250 3,803,539 4,917,247 1,113,708 * reclassified first quarter Police - Outside Duty Program amendment from Other Miscellaneous Programs to Public Safety LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds 499,550 499,550 499,550 Expenditures: SHIP Program 499,550 499,550 499,550 499,550 499,550 499,550 - 33 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2014/15 34 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. ***** 03/09/15 Administrative Change Order #2 – East WRF Generator & MS WRF Lab Electrical Improvements (11-0025-UT). This change order is needed to add items according to field conditions resulting in a net increase to contract. B.L. Smith Electric, Inc. 9,734.54 03/09/15 Administrative Change Order #1 and final – Marshall St WRF Chlorine Contact Tank Improvements (12-0007-UT). This change order is needed for final decreases and adds items according to field conditions resulting in a net decrease to contract. TLC Diversified, Inc. (21,570.00) 03/09/15 Administrative Change Order #1 – Lift Station 29, 46, 50 Improvements (13- 0047-UT). This change order is needed for increases and adds items according to field conditions resulting in a net increase to contract. Kloote Contracting, Inc. 34,934.80 03/16/15 Administrative Change Order #1 and final – Corona Avenue Gabions (14-0049- EN). This change order is needed for final decreases and increases according to field conditions resulting in a net decrease to contract. Keystone Excavators, Inc. (131,093.50) 03/18/15 Administrative Change Order #2 – Southgate Swale (14-0026-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. 7,211.65 03/25/15 Administrative Change Order #4 – Countryside Library Branch (11-0059-LI). This change order is needed to decrease items for owner direct purchases (ODP) resulting in a net decrease to contract. Ajax Building Corp. (76,108.00) City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2014/15 35 04/10/15 Administrative Change Order #1 and final – WTP 2 Contract 1: Remote Well Facilities Expansion (10-0039-UT-A). This change order is needed to decrease items for owner direct purchases (ODP), and for final decreases and adds items due to field conditions resulting in a net decrease to contract. Southeast Drilling Service, Inc. (399,978.85) 05/05/15 Administrative Change Order #1 – East WRF Effluent Filters Rehabilitation (13- 0014-UT). This change order is needed for decreasing the contract by owner direct purchases (ODP), and related to ODP Sales Tax Savings resulting in a net decrease to contract. Poole & Kent Co. (972,564.05) 05/08/15 Administrative Change Order #2 and final – Lift Station 29, 46, 50 (13-0047-UT). This change order is needed for final decreases and adds according to field conditions resulting in a net decrease to contract. Kloote Contracting, Inc. (17,716.25) Ordinance No. 8743-15 36 ORDINANCE NO. 8743-15 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, SOLID WASTE AND RECYCLING FUND, GAS FUND, PARKING 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 Mid Year Review it was found that an increase of $2,151,120 is necessary for revenues and an increase of $1,455,619 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 EXHIBIT A EXHIBIT A 2014-15 BUDGET REVENUE 2014-15 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 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 19,587,304 19,590,820 3,516 Charges for Services 14,227,040 14,227,040 14,259,540 32,500 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 10,178,977 10,178,977 - Other Financing Sources - - - - Transfer (to) from Reserves (364,010) 1,330,605 2,005,605 675,000 Total, General Fund 117,008,550 120,882,726 121,593,742 711,016 Special Revenue Funds: Special Development Fund 14,824,960 15,334,960 15,870,878 535,918 Special Program Fund 1,314,250 3,853,539 4,967,247 1,113,708 Local Housing Asst Trust Fund - 499,550 499,550 - Utility & Other Enterprise Funds: Water & Sewer Fund 71,989,410 72,293,720 72,293,720 - Stormwater Utility Fund 17,224,640 17,850,323 17,850,323 - Solid Waste & Recycling Fund 22,795,900 25,210,595 25,400,595 190,000 Gas Fund 42,503,420 47,387,313 46,885,413 (501,900) Airpark Fund 268,560 270,390 270,390 - Marine Fund 4,704,840 4,731,395 4,731,395 - Clearwater Harbor Marina 652,500 656,460 656,460 - Parking Fund 4,319,810 4,355,000 4,457,378 102,378 Harborview Center Fund - - - - Internal Service Funds: Administrative Services Fund 10,342,220 10,459,460 10,459,460 - General Services Fund 4,453,090 4,509,200 4,509,200 - Garage Fund 14,874,540 14,932,965 14,932,965 - Central Insurance Fund 22,856,430 22,971,437 22,971,437 - Total, All Funds 350,133,120 366,199,033 368,350,153 2,151,120 37 Ordinance #8743-15 EXHIBIT A (Continued) EXHIBIT A (Continued) 2014-15 BUDGET EXPENDITURES 2014-15 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2014/15 2014/15 2014/15 Amendments General Fund: City Council 278,880 280,040 280,040 - City Manager's Office 1,091,940 1,110,477 1,110,477 - City Attorney's Office 1,629,360 1,653,821 1,653,821 - City Auditor's Office 196,560 200,060 200,060 - Economic Development & Housing Svc 1,583,830 1,649,545 1,649,545 - Engineering 7,569,460 7,665,735 7,665,735 - Finance 2,073,730 2,183,290 2,183,290 - Fire 23,944,250 23,989,395 23,989,395 - Human Resources 1,056,010 1,068,780 1,068,780 - Library 6,070,250 6,156,870 6,156,870 - Marine & Aviation 870,720 880,470 912,970 32,500 Non-Departmental 3,941,910 6,705,994 7,380,994 675,000 Office of Management & Budget 313,570 313,570 313,570 - Official Records & Legislative Svcs 1,002,630 1,015,675 1,015,675 - Parks & Recreation 22,360,110 22,660,240 22,660,240 - Planning & Development 4,887,680 5,035,445 5,035,445 - Police 36,849,710 37,012,289 37,015,805 3,516 Public Communications 1,012,470 1,025,550 1,025,550 - Public Utilities 275,480 275,480 275,480 - Total, General Fund 117,008,550 120,882,726 121,593,742 711,016 Special Revenue Funds: Special Development Fund 14,719,960 15,225,260 15,757,650 532,390 Special Program Fund 1,264,250 3,803,539 4,917,247 1,113,708 Local Housing Asst Trust Fund 499,550 499,550 499,550 Utility & Other Enterprise Funds: Water & Sewer Fund 70,406,600 70,710,910 70,710,910 - Stormwater Utility Fund 17,207,410 17,595,223 17,595,223 - Solid Waste & Recycling Fund 22,721,790 25,136,485 25,136,485 - Gas Fund 37,515,660 40,207,978 39,296,483 (911,495) Airpark Fund 207,810 209,640 209,640 Marine Fund 4,526,360 4,552,915 4,562,915 10,000 Clearwater Harbor Marina 554,280 558,240 558,240 - Parking Fund 4,246,040 4,281,230 4,281,230 - Harborview Center Fund - - - - Internal Service Funds: Administrative Services Fund 10,254,800 10,372,040 10,372,040 - General Services Fund 4,386,430 4,442,540 4,442,540 - Garage Fund 14,848,020 14,906,445 14,906,445 - Central Insurance Fund 22,838,200 22,953,207 22,953,207 - Total, All Funds 343,205,710 356,337,928 357,793,547 1,455,619 38 Ordinance #8743-15 39 Ordinance No. 8744-15 ORDINANCE NO. 8744-15 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 $2,614,010 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 Mid Year 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 Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr Mid Year Original Amended Amended Budget Budget Budget 2014/15 2014/15 2014/15 Amendments Police Protection 1,775,000 1,775,000 1,775,000 Fire Protection 5,007,240 4,975,211 5,011,083 35,872 New Street Construction 0 0 0 Major Street Maintenance 3,369,570 3,369,570 3,369,570 Sidewalk and Bike Trail 472,000 472,000 472,000 Intersections 335,000 335,000 335,000 Parking 287,500 287,500 287,500 Miscellaneous Engineering 35,000 35,000 685,000 650,000 Land Acquisition 0 235,000 522,000 287,000 Park Development 1,860,000 3,330,514 3,326,986 (3,528) Marine Facilities 548,000 548,000 548,000 Airpark Facilities 15,000 140,000 140,000 Libraries 635,000 635,000 1,008,918 373,918 Garage 7,697,000 7,697,000 8,773,108 1,076,108 Maintenance of Buildings 645,000 645,000 645,000 Miscellaneous 1,070,000 1,070,000 1,070,000 Stormwater Utility 5,804,850 9,254,335 9,254,335 Gas System 4,000,000 4,810,000 5,003,181 193,181 Solid Waste 520,000 1,504,275 1,504,275 Utilities Miscellaneous 110,000 110,000 110,000 Sewer System 7,617,380 8,137,454 8,138,938 1,484 Water System 6,590,000 6,590,000 6,589,975 (25) Recycling 90,000 1,105,725 1,105,725 TOTAL PROJECT EXPENDITURES 48,483,540 57,061,584 59,675,594 2,614,010 GENERAL SOURCES: General Operating Revenue 2,345,100 3,999,285 4,674,260 674,975 General Revenue/County Co-op 635,000 635,000 635,000 Road Millage 1,920,480 1,920,480 1,920,480 Penny for Pinellas 6,972,740 7,247,740 7,529,002 281,262 Transportation Impact Fee 190,000 190,000 190,000 Recreation Land Impact Fees 0 230,300 517,300 287,000 Local Option Gas Tax 1,424,090 1,424,090 1,424,090 Special Program Fund 35,000 35,000 35,000 Grants - Other Agencies 0 0 0 Other Governmental 0 554,397 555,881 1,484 Property Owner's Share 0 0 193,181 193,181 Donations 100,000 125,000 225,000 100,000 Contributions 0 324,000 324,000 Developer Public Art Contribution 0 0 0 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 40 Ordinance # 8744-15 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2014/15 2014/15 2014/15 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 SELF SUPPORTING FUNDS: Marine Revenue 120,000 120,000 120,000 Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 15,000 15,000 15,000 Parking Revenue 357,500 357,500 357,500 Utility System: Water Revenue 4,764,700 4,764,700 4,764,700 Sewer Revenue 5,900,460 5,900,460 5,900,460 Water Impact Fees 10,300 10,300 10,300 Sewer Impact Fees 12,460 12,460 12,460 Utility R&R 3,397,460 3,397,460 3,397,460 Stormwater Utility Revenue 5,804,850 5,804,850 5,804,850 Gas Revenue 4,000,000 4,000,000 4,000,000 Solid Waste Revenue 520,000 1,520,000 1,520,000 Recycling Revenue 90,000 1,090,000 1,090,000 Grants - Other Agencies 0 3,512,457 3,512,457 INTERNAL SERVICE FUNDS: Garage Revenue 232,000 232,000 232,000 Administrative Services Revenue 710,000 710,000 710,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,014,400 1,014,400 1,014,400 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 155,000 155,000 155,000 Lease Purchase - Sewer 77,000 79,705 79,705 Lease Purchase - Stormwater 0 0 0 Bond Issue - Water & Sewer 0 0 0 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,265,000 7,265,000 8,341,108 1,076,108 Lease Purchase - Administrative Services 400,000 400,000 400,000 TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 59,675,594 2,614,010 41 Ordinance # 8744-15 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1415 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Transportation Sub Committee Meeting Request - Councilmember Jonson SUMMARY: Councilmember Jonson would like to propose a Trans Subcommittee meeting to discuss: 1.Coordination of STP funding for buses 2.TMA project priority 3.TIGER grant trip to DC APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1282 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: Symposium Recap - Mike Meidel, Pinellas County Economic Development Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1416 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.2 SUBJECT/RECOMMENDATION: Clearwater Leadership Academy Student Recognition SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1417 Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.3 SUBJECT/RECOMMENDATION: Progress Report on Tampa International Airport - Joe Lopano, Airport CEO SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/11/2015 Cl e a r w a t e r  Ci t y Co u n c i l Ju n e  18 ,  20 1 5 y 1 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Fi n a n c i a l Pe r f o r m a n c e Fi n a n c i a l  Pe r f o r m a n c e 2 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y FY 2 0 1 5  Op e r a t i n g  Re v e n u e s Oper a t i n g re v e n u e s  pro jec t e d  to  su r pas s  $20 0  million,  $2 2 0 . 0 Re v e n u e ( M i l l i o n s ) +2 3 . 6 % pg pj p $ , up  3. 3 %  ve r s u s  th e  ap p r o v e d  FY 2 0 1 4  Bu d g e t $1 7 6 . 7 $1 8 2 . 5 $1 9 7 . 2 $200.5 $1 8 0 0 $2 0 0 . 0 $1 6 2 . 2 $1 7 1 . 0 $1 7 6 . 7 $1 6 0 . 0 $1 8 0 .0 $1 2 0 0 $1 4 0 . 0 $1 0 0 . 0 $1 2 0 .0 FY 2 0 1 0 F Y 2 0 1 1 F Y 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5 B u d g e t 3 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y FY 2 0 1 5  Op e r a t i n g  Re v e n u e  Bu d g e t   Pk i ti t b th lt f f th Par ki ng  co n ti nu e s  to be th e lar g e s t so u r c e  of re v e n u e  for  the  Au t h o r i t y ,  ac c o u n t i n g  fo r  31 %  of  to t a l  re v e n u e s  du r i n g  FY2015 Ne t A i r l i n e R e v e n u e s $4 9 . 2 M , 2 5 . 7 % Ca r R e n t a l s $3 9 . 8 M , 2 0 . 7 % Co n c e s s i o n s $2 2 . 2 M , 1 1 . 6 % Pa r k i n g $6 0 . 1 M , 3 1 . 3 % , Ot h e r R e v e n u e $1 7 . 8 M , 9 . 3 % It t I Inter e s t Inc o m e $2 . 7 M 1 . 4 % FY 2 0 1 5 T o t a l R e v e n u e : $ 2 0 0 . 5 m i l l i o n 4 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Ma r k e t i n g & Ai r Se r v i c e Up d a t e Ma r k e t i n g  & Ai r  Se r v i c e  Up d a t e 5 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Ta m p a  En j o y s  No n s t o p  Se r v i c e  to  79   De s t i n a t i o n s   14  In t e r n a t i o n a l  an d  65  Do m e s t i c 6 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y FY 2 0 1 4  To t a l  Pa s s e n ger s g Fo r  th e  fu l l  20 1 4  FY ,  TP A  se r v e d  17 . 5  mi l l i o n Pa s s e n g e r s ( M i l l i o n s ) 20 . 0 18 . 7 17 . 1 16 6 16 7 16 . 8 16 . 9 17 . 3 18.5 17 0 18 . 0 19 . 0 20 . 0 16 .6 16 .7 16 . 8 15 . 0 16 . 0 17 .0 12 . 0 13 . 0 14 . 0 10 . 0 11 . 0 FY 2 0 0 8 F Y 2 0 0 9 F Y 2 0 1 0 F Y 2 0 1 1 F Y 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5  Proj.7 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y In t e r n a t i o n a l  En p l a n e m e n t s   Ef f o r t s to in c r e a s e in t e r n a t i o n a l se r v i c e 339193 35 0 0 0 0 37 5 , 0 0 0 40 0 , 0 0 0 In t e r n a t i o n a l  En p l a n e d  Passengers Ef f o r t s  to  in c r e a s e  in t e r n a t i o n a l  se r v i c e   72 % 20 3 9 1 0 24 3 , 4 4 9 26 0 , 3 1 0 29 2 , 4 0 8 339,193 25 0 , 0 0 0 27 5 , 0 0 0 30 0 , 0 0 0 32 5 , 0 0 0 35 0 ,00 0 19 5 , 5 5 5 20 3 ,91 0 12 5 , 0 0 0 15 0 , 0 0 0 17 5 , 0 0 0 20 0 , 0 0 0 22 5 , 0 0 0 0 25 , 0 0 0 50 , 0 0 0 75 , 0 0 0 10 0 , 0 0 0 Gr o w t h  Ra t e :                          (0 . 3 % )                                    4. 3 %                                          19 . 4 % 6 . 9 %                                  12 . 3 %                                        16.0% FY 2 0 1 0 F Y 2 0 1 1 F Y 2 0 1 2 F Y 2 0 1 3 F Y 2 0 1 4 F Y 2 0 1 5  Proj. So u r c e : T a m p a I n t e r n a t i o n a l A i r p o r t 8 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y So u r c e : Ta m p a In t e r n a t i o n a l Ai r p o r t In t e r n a t i o n a l  Ai r  Se r v i c e  is  Gr o w i n g Fr a n k f u r t , Ge r m a n y Ma r s h  Harbour,  , y Se r v i c e  fr o m  Ta m p a   ef f e c t i v e  Se p t  20 1 5 , Ba h a m a s Ne w  no n s t o p  service  Fe b 2015 Fe b   2015 9 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Cu b a Se r v i c e  to  th r e e  ci t i e s In t e r n a t i o n a l  Ai r  Se r v i c e  is  Gr o w i n g Lo n d o n ,  En g l a n d Da i l y se r v i c e on Pa n a m a  Ci t y ,  Panama Ne w fl i g h t s in Da i l y  se r v i c e  on   Br i t i s h  Ai r w a y s Ne w  fl i g h t s  in  De c e m b e r  2013 Zu r i c h ,  Sw i t z e r l a n d La u n c h e d fl i g h t s in 20 1 1 ; 10 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y La u n c h e d  fl i g h t s  in  20 1 1 ;   th r e e  se r v i c e s / w e e k In t e r n a t i o n a l  Ai r  Se r v i c e :  An  ec o n o m i c  dr i v e r On e no n st o p da i l fl i g h t to a ma j o r Er o p e a n ci t ha s a$154 On e  no n ‐st o p  da i l y fl i g h t  to  a ma j o r  Euro p e a n  ci t y ha s  a $154  mi l l i o n  ec o n o m i c  im p a c t  on  th e  re g i o n  an d  cr e a t e s  mo r e  than  1, 2 0 0  jo b s 11 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y So u r c e :  IC F  SH & E Eco n o m i c  Im p a c t  An a l y s i s Ma s t e r  Pl a n  Up d a t e 12 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 20 ‐Ye a r  Pa s s e n g e r  Fo r e c a s t 13 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Es t i m a t e d Co s t : $9 5 3 mi l l i o n Ma s t e r  Pl a n  ‐ Ph a s e  1 Es t i m a t e d  Co s t :    $9 5 3  mi l l i o n Jo b s  cr e a t e d : Mo r e  th a n  9, 0 0 0 Ti m e l i n e : 20 1 4 ‐20 1 7 Mi n o r i t y  co n t r a c t i n g : $1 2 2   mi l l i o n Pr o j e c t s :   • 26 mi l l i o n sq u a r e fo o t re n t a l • 2.6 mi l l i o n ‐sq u a r e ‐fo o t  re n t a l   ca r  ce n t e r • 1. 4 ‐mi l e  Au t o m a t e d  Pe o ple   p Mo v e r • Tr a n s f e r  le v e l  ex p a n s i o n 14 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Be n e f i t s : Ma s t e r  Pl a n  ‐ Ph a s e  1 Be n e f i t s : • Re m o v e s  2. 7  mi l l i o n  ca r s  an d   bu s e s  fr o m  ai r p o r t  ro a d w a y s   an d  cu r b s i d e s  ea c h  ye a r • Al l o w s  re n t a l  ca r  co m p a n i e s  to   gr o w gr o w • Ad d s  2, 4 1 4  sp a c e s  to  lo n g ‐ te r m  pa r k i n g  ga r a g e • In c l u d e s  co n n e c t i o n s  to   re g i o n a l  tr a n s p o r t a t i o n   ne t w o r k ne t w o r k 15 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 16 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 17 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 18 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 19 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 20 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 21 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 22 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 23 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Co n c e s s i o n s  Up d a t e 24 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Ba c k g r o u n d • C o n t r a c t s  wi t h  cu r r e n t  co n c e s s i o n a i r e s  ex p i r e  Se p t e m b e r  2015 • Ne w Co n c e s s i o n s pr o g r a m wi l l tr a n s i t i o n fr o m a Ma s t e r Ba c k g r o u n d Ne w  Co n c e s s i o n s  pr o g r a m  wi l l  tr a n s i t i o n  fr o m  a Ma s t e r   Co n c e s s i o n a i r e  Mo d e l  to  Mu l t i p l e  Op e r a t o r  Mo d e l Ne w  Pr o g r a m  Go a l s •P r o v i d e  ex t r a o r d i n a r y  cu s t o m e r  se r v i c e ,  qu a l i t y ,  an d  value • O p t i m i z e  re v e n u e s  to  th e  Au t h o r i t y  by  in t r o d u c i n g   Co m pet i t i o n p •C r e a t e  a “S e n s e  of  Pl a c e ”  an d  ca p t u r e  th e  sp i r i t  of  the  Ta m p a  Ba y  Ar e a • Re p r e s e n t lo c a l re g i o n a l na t i o n a l an d in t e r n a t i o n a l • Re p r e s e n t  lo c a l , re g i o n a l , na t i o n a l  an d  in t e r n a t i o n a l   co n c e p t s  an d  br a n d s •C r e a t e  op p o r t u n i t i e s  fo r  Ai r p o r t  Co n c e s s i o n s   dd () 25 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Di s a dva n t a g e d Bu s i n e s s  En t e r p r i s e s  (AC D B E ) Opti m i z e  re v e n u e s  to  th e  Au t h o r i t y by in t r o d u c i n g co m petition Co n c e s s i o n s  Re v e n u e s p y y g p $1 9 1 $2 6 . 4 $2 5 $3 0 +3 8 % $1 9 .1 $1 5 $2 0 Millions $0$5 $1 0 $0 FY 1 5 F Y 1 8 *Pr o v i d e d b y U n i s o n C o n s u l t i n g, I n c . (In c o r por a t e s A u t h o r i t y pro jec t e d e n pla n e m e n t gro w t h a n d i n f l a t i o n . ) 26 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y yg ( p y p j p g ) Cr e a t e  op p o r t u n i t i e s  fo r  Ai r p o r t  Co n c e s s i o n s  Di s a d v a n t a g e d   Bu s i n e s s  En t e r p r i s e s  (A C D B E ) AC D B E  CO N C E S S I O N A I R E S GR O S S   RE C E I P T S  OF ACDBE 15 $50.5 Millions +4 0 0 % +4 2 0 % 3 $1 2 . 0 FY 1 4 F Y 1 8 FY 1 4 F Y 1 8 27 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Re p r e s e n t lo c a l , re g i o n a l , na t i o n a l an d in t e r n a t i o n a l co n c e p t s LO C A L  CO N C E P T S Re p r e s e n t  lo c a l ,  re g i o n a l ,  na t i o n a l  an d  in t e r n a t i o n a l  co n c e p t s   an d  br a n d s 19 +4 7 5 % 4 FY 1 4 F Y 1 8 28 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Cr e a t e  a “S e n s e  of  Pl a c e ”  an d  ca p t u r e  th e  sp i r i t  of  th e  Tampa  Ba y Ar e a Ba y  Ar e a 29 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 30 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Co n s t r u c t i o n  Im p a c t s 31 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Up c o m i n g  co n s t r u c t i o n  mi l e s t o n e s Ju n e :  In b o u n d  Ge o r g e  J.   Be a n  Pa r k w a y  re r o u t e d ;   ou t b o u n d Pa r k w a y ou t b o u n d  Pa r k w a y   sw i t c h e s  fr o m  th r e e  to   tw o  la n e s Tr a v e l e r s  sh o u l d  sl o w   do w n  as  th e y  en t e r  th e   Ai r por t  an d  be  pre par e d   p pp fo r  po s s i b l e  de l a y s  as   th e y  le a v e . 32 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Up c o m i n g  co n s t r u c t i o n  mi l e s t o n e s Mi d ‐Au g u s t :  No r t h w e s t   bu i l d i n g  ex p a n s i o n   be g i n s be g i n s Co n s t r u c t i o n  be g i n s  on   th e  ne w  fo o d  co u r t ,   me a n i n g  th e  fi r s t   co n s t r u c t i o n  wa l l s  wi l l  go   up on  th e  we s t  si d e  of  th e   p Ma i n  Te r m i n a l . La t e  Au g u s t :  Fi r s t   lt l ii d es c a lator  clos u r e  ins id e  Ma i n  Te r m i n a l Co n s t r u c t i o n  in  th e  ma i n   33 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y te r m i n a l  co n t i n u e s M Pl Ei Vi l T Mas t e r  Pl an  Exp a n s ion  Vi rt u a l Tour 34 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y 35 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y Cl e a r w a t e r  Ci t y Co u n c i l Ju n e  18 ,  20 1 5 y 36 Cl e a r w a t e r  Ci t y  Co u n c i l /  Ju n e  18 ,  20 1 5 Hi l l s b o r o u g h  Co u n t y  Av i a t i o n  Au t h o r i t y