10/14/2015Wednesday, October 14, 2015
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
October 14, 2015City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum of
ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a
spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will
be allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available .
Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
4.1 October Service Awards - Council Meeting
4.2 End of Session Report - The Honorable Chris Latvala, Florida House of
Representatives
4.3 Clearwater Centennial Cup Presentation
4.4 Florida Manufacturing Month Proclamation - Becky Jo Burton, Bay Area
Manufacturing Association (BAMA)
4.5 Pinellas Planning Council / Pinellas MPO - Whit Blanton, FAICP
4.6 United Way Month Proclamation - Mike Pryor, Solid Waste
4.7 World Pancreatic Cancer Day Proclamation - Suzy Swenson, Pancreatic
Cancer Action Network
4.8 National Arts and Humanities Month Proclamation - Christopher Hubbard,
Parks and Recreation
5. Approval of Minutes
5.1 Approve the minutes of the October 1, 2015 City Council Meeting Minutes as
submitted in written summation by the City Clerk.
Page 2 City of Clearwater Printed on 10/14/2015
October 14, 2015City Council Meeting Agenda
6. Citizens to be heard re items not on the agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior
to the meeting. The Mayor will provide an opportunity for a
Councilmember or a member of the public to ask that an item be pulled
from the Consent Agenda for discussion. Items pulled will receive
separate action. All items not removed from the Consent Agenda will be
approved by a single motion of the council.
7.1 Approve a recommendation by the Public Art and Design Board for the
commission of a public art installation for the Main Branch Library located at
100 North Osceola Avenue, as designed by artist Douwe Blumberg, for a total
cost of $52,260.94 to be funded from Main Library Entryway Improvement
Funds (CIP 315-93529). (consent)
7.2 Approve contracts (blanket purchase orders) for Baker and Taylor and Ingram
Library Services for the acquisition of library books and materials for the
contract period of October 1, 2015 through September 30, 2016, and authorize
the appropriate officials to execute same. (consent)
7.3 Approve an Interlocal Agreement between the Clearwater Community
Redevelopment Agency (CRA) and the City of Clearwater to provide CRA
funding in Fiscal Year 2015-2016 in the amount of $99,600 to underwrite
activities in the Clearwater Main Library that support community learning in the
areas of Science, Technology, Engineering and Math, entrepreneurship and
small business growth and development pursuant to the recommendations of
the Urban Land Institute report on economic enhancement of the downtown
Clearwater area and authorize the appropriate officials to execute same.
(consent)
7.4 Approve blanket purchase order for sod services to Lira Sod, Inc. of Lake
Placid, Florida, in the annual amount of $250,000 (Invitation to Bid 63-15), and
two one-year renewal terms at the City's option and authorize the appropriate
officials to execute same. (consent)
7.5 Approve the Purchase Contract for the City’s purchase of real property located
at 2375 N.E. Coachman Road, Clearwater, FL, with a purchase price of
$210,000 and total expenditures not to exceed $223,700 including an
environmental audit, demolition expenses and closing costs; authorize the
appropriate officials to execute same, together with all other instruments
required to affect closing; and transfer funds from Open Space impact fees to
Park Land Acquisition (CIP315-93133), at first quarter to cover this purchase.
(consent)
Page 3 City of Clearwater Printed on 10/14/2015
October 14, 2015City Council Meeting Agenda
7.6 Approve a blanket purchase order to LM Scofield Company of Rutherford, NJ
for the purchase of Scofield Revive Color Stain for $172,800, includes shipping
and 10% contingency, to be used to refurbish Beach Walk, and authorize the
appropriate officials to execute same. (consent)
7.7 Approve a Sovereignty Submerged Lands Fee Waived Lease between the
Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (Lessor) and City of Clearwater (Lessee) for the use of State
sovereignty submerged land to construct a boardwalk and a pier at the eastern
most terminus of Papaya Street where it ends at the seawall part of the Marina
District Boardwalk project and authorize the appropriate officials to execute
same. (consent)
7.8 Approve settlement of workers’ compensation claim of Mr. Christopher
Buehler, for payment of $100,000.00 inclusive and authorize the appropriate
officials to execute same. (consent)
7.9 Approve a Construction Manager at Risk proposal from Keystone Excavators
Inc., of Oldsmar, Fl, in the amount of $121,220.00 for construction of Sand Key
Beach Access Parking Lot Improvements, and authorize the appropriate
officials to execute same. (consent)
7.10 Approve a grant of $75,000 in General Fund Reserves to be set aside as a
commitment for the local government contribution that is required for
applicants to participate in the State of Florida’s Low Income Housing Tax
Credit Program (LIHTC) to SP Trail LLC for Chestnut Trail, a proposed 80-unit
senior affordable rental housing development to be developed by Southport
Development, Inc.; and authorize the appropriate officials to execute same.
(consent)
7.11 Approve the City Manager's/Director of Parks and Recreation's
recommendation to self-insure against risk and loss for claims, which arise
from those activities directed by the City or within the City's care, custody and
control during the Clearwater Jazz Holiday music festival. (consent)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
Page 4 City of Clearwater Printed on 10/14/2015
October 14, 2015City Council Meeting Agenda
8.1 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 2147, 2167 and 2173 Burnice Drive
and 2118 Pleasant Parkway; and Pass Ordinances 8771-15, 8772-15 and
8773-15 on first reading. (ATA2015-08002)
8.2 Approve State Housing Initiatives Partnership (SHIP Program) Close Out
Annual Report for Fiscal Year 2013-2014.
8.3 Continue to November 5, 2015: Deny the request from 200 Garden, LLC to
vacate the alley located within the 200-block between North Fort Harrison
Avenue and North Garden Avenue; and reject Ordinance 8776-15 on first
reading. (VAC2015-07)
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8775-15 on second reading, amending the Clearwater Code
of Ordinances, Appendix A - Schedule of Fees, Rates and Charges.
9.2 Adopt Ordinance 8769-15 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, Gas Fund, Solid Waste and
Recycling Fund, Parking Fund, and Administrative Services Fund.
9.3 Adopt Ordinance 8770-15 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2015 to reflect
a net increase of $1,496,000.
10. City Manager Reports
10.1 2015 Charter Review Committee Final Report - Brain Aungst, Jr., Committee
Chair
10.2 Authorize the funding of city medical insurance and a contract between the
City and Cigna Healthcare for administrative services under a partial
self-insured funding arrangement for the period January 1, 2016 through
December 31, 2016, at a total not-to-exceed $18.2 million, to be funded
through city budgeted funds, and payroll deduction of employee premiums.
11. City Attorney Reports
12. Other Council Action
12.1 City Attorney Evaluation
Page 5 City of Clearwater Printed on 10/14/2015
October 14, 2015City Council Meeting Agenda
12.2 City Manager Evaluation
13. Closing comments by Councilmembers (limited to 3 minutes)
14. Closing Comments by Mayor
15. Adjourn
Page 6 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1765
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
October Service Awards - Council Meeting
SUMMARY:
5 Years of Service
Joseph Czop Police
Thomas Ingerson Marine and Aviation
Thomas Murphy Marine and Aviation
Cheri Drigan Gas
Kevin Nurnberger Planning and Development Services
Michael Mailles Gas
Ronald Hayes Gas
Raymond Croze Police
Maria Beaver Police
10 Years of Service
Ahmad Jackson Parks and Recreation
Patricia McNames Library
James Boise Parks and Recreation
Christopher Melone Engineering
John Warner Planning and Development Services
Rafael Gray Public Utilities
Terri Rowland Fire
Timothy Smith Fire
Christopher Hannigan Fire
Christopher Trauner Information Technology
Vincent Supernor Fire
Mauricio Perdigon Fire
Shawn Lawrentz Fire
James Perz Police
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1765
Bradley Keating Fire
Christopher VanOpdorp Fire
Jason Thibault Fire
Thomas Knobl Fire
15 Years of Service
Mark Roberson Parks and Recreation
Sherry Watkins Planning and Development Services
Jason Jones Police
Lenshawn Price Police
William Higginbotham Police
Kimberly Feeney Public Utilities
Kevin Klein Police
Kerri Spaulding Police
Paul Capo Fire
Alex Monte Fire
Patrick Conrey Fire
Christopher Hoyne Fire
Gail Rini Utility Customer Service
20 Years of Service
Christopher Brown Solid Waste
Daniel Tupponce Police
Jean Griggs Police
Anne Fogarty France Economic Development and Housing
Randy Foltz Public Utilities
Jessie Croskey Engineering/Stormwater
Judy Martin Gas
25 Years of Service
David Bryan Fire
Darian Dublin Solid Waste
Kevin Garriott Planning and Development Services
Page 2 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1775
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
End of Session Report - The Honorable Chris Latvala, Florida House of Representatives
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1772
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Clearwater Centennial Cup Presentation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1773
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Florida Manufacturing Month Proclamation - Becky Jo Burton, Bay Area Manufacturing
Association (BAMA)
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1774
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Pinellas Planning Council / Pinellas MPO - Whit Blanton, FAICP
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
A Strategic Agenda for
Pinellas County
Whit Blanton, FAICP
Pinellas Planning Council &
Pinellas Metropolitan Planning Organization
October 14, 2015
The Role of the PPC & MPO
Mission
•To align resources with a compelling vision to improve our community and the Tampa Bay region.
•Strengthen understanding of the issues and strategies important to an economically thriving, livable and sustainable Pinellas County.
Tools
•Policy framework
•Communications
•Long range and specific
area/corridor/modal plans
•Technical assistance, special
projects, programs and grants
•Federal funding sources and
numerous public agency
partners
Transit Oriented Land Use Vision Map
•Areas appropriate for
higher densities/
intensities
•Recognizes existing
centers/corridors
•Provides direction for
future centers/corridors
•Enables streamlined
Countywide Plan Map
amendments
INTRODUCTION
Policy Context
•Transportation funding remains the most effective way to guide growth and shape development form, but…
•Tight budgets – funding is more competitive
•Complex environment / partnerships to get things done
•Policy makers need good sense of outcomes and economic implications
•Development community needs a predictable process and clear expectations
A Framework For Decision-Making
VISION & GOALS
OBJECTIVES
PERFORMANCE
MEASURES
MONITORING
OUTPUTS
MONITORING
OUTCOMES
ADJUSTING
PROCESSES
CAPITAL
PROJECTS
STRATEGIES
FUNDING
MECHANISMS
My 3 Month Pinellas Observations
•Strong values on the importance of planning
•Good inter-agency collaboration and communication
•Creditable and effective staff
•Concerns about trust in the regional planning process
•Lack of clear vision and strategic implementation
•Missing the role of an independent champion
PPC/MPO Initiatives
•Communications plan and agency branding
•Countywide Plan implementation
–Special projects
–Evaluation in 18 months
•Technical assistance and funding partnerships
•Reshaping our planning process
–Define strategic countywide areas of emphasis
–Emphasize outcomes and align project funding criteria
–Streamline project approvals
PPC/MPO Initiatives
•Incentive funds for catalyst projects
–Complete streets
–Corridor/area redevelopment plans
•SPOTlight – Strategic Planning & Operations Topics
–Priority emphasis areas next two years
–Multi-jurisdictional planning for a desired set of outcomes
Key Topics & Potential
Areas of Focus
•A Vision for the US 19 Corridor
•Regional Transportation
•Gateway Area Connectivity Plan
•Safety for Vulnerable Users
•Climate Change & Resilience
•Enhancing Beach Access
•Mixed-use Development
•Public-Private Partnerships
•Workforce Development Clearwater US19 Plan
Enhancing Beach Access
•Take a multimodal
approach
•Consider community &
corridor context
•Support opportunities for
mixed use development
•Define, advance strategic
project priorities
Vision for the US 19 Corridor
•Reinforce economic vitality
•Enhance access for all users
•Align investments with long-term trends
•Better link transportation investments with land use changes
–Safe walk, bike access
–Bus Rapid Transit
Gateway Area Master Plan
•30 sq mile district; regional
transportation hub
•Partner with FDOT, PSTA,
local gov’t and others
•Foster on-going business
leadership and support
•Enhance connectivity, and
access to guide economic
growth in target areas
Tampa Bay TMA Leadership Group
•Pinellas, Pasco and
Hillsborough MPOs
•Cooperative process of
defining regional
transportation priorities
•Advisory to each MPO
The CSX Opportunity
•CSX presentation to TB TMA Leadership Group 9/4
•Two segments possible for purchase
•Whether to make a regional priority
•Nov. 6 TMA Leadership Group workshop
Our Path
•Develop work plan based on September 21 PPC/MPO Board Workshop (follow-up workshop on December 4)
•CSX workshop on November 6th
•January 22nd Joint MPO/PSTA Board workshop
•Countywide Plan Implementation
•Define new project funding criteria and performance measures
A Strategic Agenda for
Pinellas County
Whit Blanton, FAICP
Pinellas Planning Council &
Pinellas Metropolitan Planning Organization
October 14, 2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1776
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.6
SUBJECT/RECOMMENDATION:
United Way Month Proclamation - Mike Pryor, Solid Waste
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1777
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.7
SUBJECT/RECOMMENDATION:
World Pancreatic Cancer Day Proclamation - Suzy Swenson, Pancreatic Cancer Action
Network
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1789
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.8
SUBJECT/RECOMMENDATION:
National Arts and Humanities Month Proclamation - Christopher Hubbard, Parks and
Recreation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1778
Agenda Date: 10/14/2015 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the October 1, 2015 City Council Meeting Minutes as submitted in
written summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
City Council Meeting Minutes October 1, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, October 1, 2015
7:00 PM
Council Chambers
City Council
Page 1 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
Roll Call
Present: 5 Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne II – City Manager, Jill Silverboard – Assistant City
Manager, Rod Irwin – Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official
Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order - Mayor Cretekos
The meeting was called to order at 7:00 p.m. at City Hall.
2. Invocation - Councilmember Jonson 3. Pledge of Allegiance - Councilmember Hock-DiPolito
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) - Given.
4.1 Item pulled.
4.2 Florida League of Cities/Florida Business Watch City Catalyst Grant / $1500 Award to
City of Clearwater - John Thomas, Senior Director of Membership and Public Affairs and
Beth Rawlins, Florida Business Watch President
4.3 Hispanic Heritage Month Proclamation, September 15, 2015 through October 15, 2015 -
Mrs. Sandra Lyth, CEO for the InterCultural Advocacy Institute
Page 2 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
4.4 Florida Native Plant Month Proclamation, October 2015 - Jan Allyn, Chapter
Representative of the Pinellas Chapter of the Florida Native Plant Society
4.5 2015 Fire Prevention Week Proclamation, October 4, 2015 through October 10, 2015 - Fire
Marshall Steve Strong
4.6 Public Natural Gas Week Proclamation, October 4, 2015 through October 10, 2015 - Chuck
Warrington, Clearwater Gas Director
5. Approval of Minutes
5.1 Approve the minutes of the August 17, 2015 Special City Council Meeting and the
September 17, 2015 City Council Meeting as submitted in written summation by the
City Clerk.
Councilmember Jonson moved to approve the minutes of the
August 17, 2015 Special City Council Meeting and the September
17, 2015 City Council Meeting as submitted in written summation
by the City Clerk. The motion was duly seconded and carried
unanimously.
6. Citizens to be heard re items not on the agenda
Jared Leon and Aaron Peterson expressed concerns regarding the Betty
Lane Habitat Preservation Project being ranked as a low priority stormwater
project and suggested that the Charter Review Committee recommendations
regarding Dunedin Pass and Stevenson's Creek be vetted by the
Environmental Advisory Board.
Jim Kitchens opposed constructing a new Morningside Recreation Center
since the facility will mostly serve unincorporated residents and would be a
duplicate as the Long Center is within a 2-mile radius.
Katherine Hills opposed the closure of the Enterprise Dog Park during the
early morning hours for staff to clean up the park and requested
consideration be given to close the park in the later hours of the morning
when it is too hot for dog owners to walk their pets.
Lisa Lanza expressed concerns with recruitment efforts and appointment
criteria for the Charter Review Committee, since her friend, a retired judge Page 3 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
and environmental lawyer, was not appointed to the committee.
7. Consent Agenda - Approved as submitted less Item 7.24.
7.1 Award a contract (blanket purchase order) to Pinellas County Solid Waste in the
amount of $250,000 for the disposal of solid waste at the Pinellas County waste to
energy plant/landfill from October 1, 2015 through September 30, 2016, as provided in
the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other
Governmental Entities, and authorize the appropriate officials to execute same.
(consent)
7.2 Award a contract (Purchase Order) to Verizon Wireless for basic cellular/smart
phones and mobile data services for the period of November 1, 2015 through October
31, 2016 in an amount not to exceed $360,000 in accordance with Sec 2.564 (1) (d),
Code of Ordinances, under State Contract DMS1011008C, and authorize the
appropriate officials to execute same. (consent)
7.3 Award a contract (blanket purchase order) to W.W. Grainger, Inc. (Grainger) of
Clearwater, FL in the annual amount of $175,000, for the purchase of MRO
(Maintenance and Repairs Operations) Supplies and Related Services, as needed, for
a one-year period, and authorize the appropriate officials to execute same. (consent)
7.4 Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the
installation of an underground natural gas main in the CSX right-of-way and authorize
the appropriate officials to execute same. (consent)
7.5 Award contracts (blanket purchase orders) per Invitation to Bid Number 5315, in the
total annual amount of $2,000,000 for the purchase of diaphragm gas meters,
regulators, rotary gas meters, and gas regulators, as required by Clearwater Gas
System, for a one-year term, October 1, 2015 through September 30, 2016, and two
One-year extension periods, and authorize the appropriate officials to execute same.
(consent)
7.6 Request for authority to institute a civil action on behalf of the City against Diamond
Directional Drilling, LLC, to recover $2,888.18 for damages to City property. (consent)
Page 4 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
7.7 Approve an extension to the existing banking services agreement with Bank of
America, N.A., with revised pricing per Exhibit I, for a not-to-exceed amount of
$140,000 for a one-year period, October 1, 2015 to September 30, 2016, and
authorize the appropriate officials to execute same. (consent)
7.8 Approve contract (blanket purchase order) for tree removal services to O'Neil's LLC,
dba O'Neil's Tree Service, in the annual amount of $125,000 (Invitation to Bid 5015),
and two, one-year renewal terms at the City's option and authorize the appropriate
officials to execute same. (consent)
7.9 Approve a proposal by Construction Manager at Risk Certus Builders of Tampa,
Florida, in the amount of $598,210.00 for the renovation and construction of a press
box/restroom building at Eddie C. Moore Fields 8 and 9, located adjacent to and west
of Eisenhower Elementary School, and authorize the appropriate officials to execute
same. (consent)
7.10 Approve a one-year Agreement with Juvenile Welfare Board and the City of
Clearwater for funding of youth programs, including an increase in 0.6 Full Time
Equivalent (FTE) to conduct the program, approve a first quarter budget amendment
of $345,924 into 18199872, and authorize the appropriate officials to execute same.
(consent)
7.11 Review and approve the proposed sculpture collection for Sculpture360: Season VII
Art in the Cleveland Street District. (consent)
7.12 Award a construction contract to Adkins Contracting, Inc., of Ruskin, FL, for the 2015
Underdrain Project (150022EN) in the amount of $1,195,854.00 based on unit prices
for the initial one-year term with an option for one two-year term extension; and
authorize the appropriate officials to execute same. (consent)
7.13 Award a construction contract to Steve’s Excavating and Paving Inc. of Clearwater,
Florida, in the amount of $393,114.04, for Berkley Place Drainage Improvements
Project (140037EN) which is the lowest responsible bid received in accordance with
the plans and specifications, and authorize the appropriate officials to execute same.
(consent)
7.14 Award a construction contract to Kenny Construction Company, of Northbrook, IL, for
the 2015 Stormwater Pipe Lining Project (150023EN) in the amount of
$1,614,305.00 based on unit prices for the initial one-year term with an option for one
two-year term extension; and authorize the appropriate officials to execute same.
Page 5 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
(consent)
7.15 Approve a five-year Management Agreement between the City and the Clearwater
Regional Chamber of Commerce (CRCC) for the CRCC to provide visitor information
services at the Clearwater Beach Visitor Information Center (VIC) for the period of
October 1, 2015 through September 30, 2020 at a cost not to exceed $50,000 per
year, and authorize the appropriate officials to execute same. (consent)
7.16 Approve the Second Amendment to the Interlocal Agreement with Pinellas County to
extend the Local Option Fuel Tax Distribution through December 31, 2027 and
authorize the appropriate officials to execute same. (consent)
7.17 Approve a Second Amendment to the Marina Cantina Restaurant Lease Agreement
between Marina Cantina, LLC and the City of Clearwater, amending paragraph 16 to
extend the restaurant open date by three months to January 1, 2016, and authorize
the appropriate officials to execute same. (consent)
7.18 Approve Supplemental Work Order 2 to Engineer of Record (EOR), McKim and
Creed, Inc., in the amount of $179,825.00 for the Inflow and Infiltration Flow
Reduction Project (150004UT); and authorize the appropriate officials to execute
same. (consent)
7.19 Approve a purchase order (contract) to Oracle America, Inc., Redwood Shores, CA for
the period of October 1, 2015 through September 30, 2016 for software maintenance
at a cost not to exceed $219,911 in accordance with Sec. 2.564(1) (b) Code of
Ordinances, sole source, and authorize the appropriate officials to execute same.
(consent)
7.20 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI in the
amount of $549,750.00 for the purchase of one new Pierce Heavy Duty Velocity
Pumper in accordance with Sec. 2.564(1)(d), Code of Ordinances, Other
governmental bid, and authorize appropriate officials to execute same. (consent)
7.21 Award a contract (purchase order) to Pinellas County Solid Waste for an operating
expenditure of $3,900,000 for the disposal of solid waste at the Pinellas County
waste to energy plant/landfill for the period October 1, 2015 through September 30,
2016 as provided in the city’s Code of Ordinances, Section 2.564 (1) (d), Services
provided by Other Governmental Entities, and authorize the appropriate officials to
execute same. (consent)
7.22 Award a contract (purchase order) to Waste Management Inc. of Florida, for operating
Page 6 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
expenditures in the amount of $400,000 for the disposal of solid waste at their site for
the period October 1, 2015 through September 30, 2016, as provided in the City’s
Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute
same. (consent)
7.23 Approve selection of J. Kokolakis Contracting, Inc. of Tarpon Springs, FL as the
Construction Manager at Risk (CMR) for the proposed Solid Waste Transfer Station
construction project (150007SW). (consent)
Councilmember Jonson moved to approve the Consent Agenda,
less Item 7.24, and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
7.24 Approve a $135,000 increase in the Pinellas County Sheriff’s Office Agreement for
Fiscal Year 2014/2015, from $406,175.40 to $541,175.40, due to excess services
rendered above the proposed amount presented to Council on September 18, 2014.
(consent)
The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police
Department (CPD) began annual contractual agreement for services in
January 1994. The agreements covered latent fingerprint examination,
property/evidence storage, and crime scene processing services and a share
of security costs at the Pinellas Juvenile Assessment Center (PJAC).
The City Council approved the Fiscal Year 14/15 contract in the amount of
$406,175.40 on September 18, 2014.
The contractual agreement reflects the following breakout of costs:
Fingerprint Services $80,265.60; Forensic Science Services (Crime
Scene Processing) $190,039.80 (940 calls @ $202.17 per call); Evidence
and Property Service and Storage $93,870.00 (9,000 calls @ $10.43 per
submission); Pinellas Juvenile Assessment Center (PJAC) $42,000 (500
bookings @ $84 per booking).
Requests for services in excess of the number of contractual calls were to be
invoiced separately.
The need for PCSO processing this year has exceeded our contractual amount
of $406,175.40. We are currently over by $78,477.17 as of August 31, 2015,
and have not been billed for the month of September. The projected amount
to exceed our contractual amount is $135,000.
Although the amount of the contract was for $406,175.40, CPD had budgeted
$500,000 in its Other Contractual Service account to pay for any excess
services rendered. Even after receiving September’s invoice, CPD will be able
to absorb the additional costs in its Fiscal Year 14/15 budget. Page 7 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 01001155530300521000 (Contractual
Services) to fund this anticipated increase.
In response to questions, Clearwater Police Chief Dan Slaughter said
vehicle burglary is a regional trend. Criminals are targeting those who make
the task easy on them, such as unlocked vehicles, open garage doors. He
urged all to remove valuables from vehicles, lock vehicles, and to leave
garage doors open late at night.
Vice Mayor Polglaze moved to approve a $135,000 increase in the
Pinellas County Sheriff’s Office Agreement for Fiscal Year
2014/2015, from $406,175.40 to $541,175.40, due to excess services
rendered above the proposed amount presented to Council on
September 18, 2014. The motion was duly seconded and carried
unanimously.
Public Hearings Not before 6:00 PM 8. Second Readings Public Hearing
8.1 Adopt Ordinance 8756-15 on second reading, annexing certain real property whose
post office address is 1214 Aloha Lane, Clearwater, Florida 33755, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 8756-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8756-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.2 Adopt Ordinance 8757-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1214 Aloha Lane, Clearwater, Florida
33755, upon annexation into the City of Clearwater as Residential Urban (RU).
Page 8 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
Ordinance 8757-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8757-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.3 Adopt Ordinance 8758-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1214 Aloha Lane,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 8758-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8758-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.4 Adopt Ordinance 8759-15 on second reading, annexing certain real property whose
post office addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida
33764, together with certain right-of-way of Burnice Drive, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8759-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8759-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.5 Adopt Ordinance 8760-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post addresses are 2122 and 2148 Burnice Drive, all in
Clearwater, Florida 33764, upon annexation into the City of Clearwater as Residential
Low (RL).
Ordinance 8760-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8760-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Page 9 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.6 Adopt Ordinance 8761-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post addresses are 2122 and 2148 Burnice
Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
Ordinance 8761-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8761-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9. City Manager Reports
9.1 Approve a one-year Grant Funding Agreement, in the amount of $179,778 between
Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the
operation of transportation and trolley service on Clearwater Beach, Island Estates
and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate
officials to execute same.
The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been
operating trolley service throughout the Clearwater Beach, Island Estates, and
Sand Key areas since 1982. The nonprofit’s mission is to reduce congestion
and improve mobility in this area for both tourists and residents. In addition, the
Jolley Trolley has become a tourist venue that differentiates Clearwater Beach
from other beaches in the area. The Jolley Trolley expects to transport over
200,000 passengers for Fiscal Year (FY) 201516, not including Clearwater
Marine Aquarium passengers.
This fiscal year, the Jolley Trolley had 825,000 riders, a 58% increase in
ridership due to the Clearwater Marine Aquarium. Clearwater Beach had a
healthy 5.3% ridership increase. The Jolley Trolley currently has a fleet of 23
trolleys with an average age of 8.5 years.
The Jolley Trolley accomplishments for FY 201415 are:
• Increased beach route ridership by 5.3% over prior year;
• Added four new trolleys to the fleet;
• Revised Coastal Map and Guide to include Safety Harbor, currently
Page 10 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
distributing 60,000 copies. The Jolley Trolley Clearwater Map
continues to be the No. 1 map used by concierges on the beach; and
• Recertified all drivers on ADA sensitivity and handson training was
provided on proper loading of wheel chairs and safety tie downs.
Jolley Trolley’s overall plans for FY 201516 include:
• Will begin enhancement of the Jolley Trolley’s technology;
• Advertising program will be evaluated to see what changes or
modifications will need to be made for today’s advertiser;
• A new website will be rolledout in the first quarter;
• Offices will relocate to the North Myrtle Avenue location for cost savings
in rent and all employees will now be located in one spot;
• Succession Planning continues to attract employees that see the Jolley
Trolley as a career, rather than just a job; and
• Will continue to maintain the Jolley Trolley’s Capital Expenditure
Strategy that allows for the continued refurbishment of the fleet of
trolleys.
The grant amount for FY 1516 is $179,778 for the beach and coastal routes.
This amount represents a 7.6% overall increase; the first increase since FY
1112. The new hourly rate for operations is $60.75, a 7.9% increase from the
three previous years. Also, the total hours of 9,608 include a projected
decrease of 782 hours compared to FY 1415 due to efficiencies. The grant
amount for FY 1617 is planned with a capped increase of 3%.
Beach Route
Historically, the City has supported the Beach Route which connects
Clearwater Beach, Sand Key, and Island Estates. The City’s contribution to this
route last year was $163,443. The Jolley Trolley operations expense forecast
for FY 201516 for the Beach Route is $628,171. PSTA matches the City of
Clearwater’s contributions (both grant funding and in-kind services with its
lease on Myrtle) at $190,201. Fares cover 23% of total revenue with
advertising covering 19% of revenue.
PSTA has also agreed to increase their contribution for the CMA route by
5.8%, bringing the total to $14,304 for FY 1516. The City of Clearwater has
agreed to provide the staging/parking facility ($18,000) which will be spread to
all four routes in the expense models.
Coastal Route
Five years ago, the Jolley Trolley began the Coastal Route that starts at Island
Estates and progresses through Downtown Clearwater, into Dunedin, Palm
Harbor and ends in Tarpon Springs. The route travels only on Friday, Saturday
and Sunday and takes approximately one hour to make the Island Estates to
Tarpon Springs trip. Last year, a route to Safety Harbor through Westfield
Countryside Mall was added as well.
Page 11 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
When the Downtown Development Board (DDB) could not cover the increase
in the cost for the Coastal Route, the PSTA proposed that if the DDB’s
contribution could remain constant at $9,220, the PSTA would match the
$3,881 difference if the City of Clearwater contributed the remaining $3,881 to
make up the full $16,982 contribution to the Clearwater portion of the route.
The city agreed and this agreement reflects the same commitment as last
year.
The Coastal Route has become an important component of providing
additional options to tourists staying on the Beach and connecting them to
Downtown as well as other Pinellas County locations.
The Jolley Trolley operations expense forecast for the Coastal Route is
$339,631. The City’s contribution is approximately 1.6%. Fares cover
approximately 24% and advertising covers 6%. The other coastal partners
cover $33,963 each to the route. PSTA’s portion is $122,752.
Contract Terms
The term of the agreement is for one year. The Economic Development and
Housing Department administers the agreement. The Jolley Trolley’s Business
Plan covers the proposed revenues and expenditures for the fiscal year for
both the Beach Route and the Coastal Route.
As part of this agreement, the Jolley Trolley will prepare a quarterly report that
tracks high-level financials, ridership numbers, accident frequency, and ontime
adherence to schedule. The City will use these items as a measure of
performance.
The Parking Fund’s FY1516 operating budget included $166,990 to fund the
Jolley Trolley contract. At first quarter, the Parking expenditure budget will be
increased by $12,788 to fund this contract with offsetting revenues recognized
from Parking Fund reserves.
APPROPRIATION CODE AND AMOUNT:
0435013335820005450000000 $179,778
A first quarter amendment will increase cost code 43501333582000 (Aid to
Private Organizations) by $12,788 to fund this contract.
One individual spoke in support.
In response to questions, Clearwater Jolly Trolley (Trolley) Executive Director
Rosemary Windsor said much of the success of the Trolley is due to the
Clearwater Marine Aquarium. The Trolley has purchased four trolleys in the
Page 12 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
last year; six since appointed as Executive Director. There is currently one
compressed natural gas (CNG) trolley. Ms. Windsor said the Trolley has not
purchased more CNG trolleys because maintaining CNG vehicles are an
issue; there is only one vendor in the local area certified to do maintenance
work. The mechanic in Tampa is typically backlogged. Trolley would love to
expand its route into Belleair Beach but Belleair Beach does not pay into the
taxes and PSTA will not fund the route. Ms. Windsor said to expand into
Belleair would require the funding partners to pay more. The organization is
looking into purchasing digital technology that will improve service to
customers; the trolleys still run on analog. The trolleys keep track of the free
rides provided but the current fare box cannot distinguish if the free ride is for
a student or for other individuals eligible for a free ride.
Councilmember Hock-DiPolito moved to Approve a one-year Grant
Funding Agreement, in the amount of $179,778 between Jolley
Trolley Transportation of Clearwater, Inc. and the City of Clearwater
for the operation of transportation and trolley service on Clearwater
Beach, Island Estates and Sand Key (Beach Route) and the Coastal
Route, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
9.2 Amend the Clearwater Code of Ordinances, Appendix A - Schedule of Fees, Rates
and Charges, and pass Ordinance 8775-15 on first reading.
This amendment to Appendix A, Schedule of Fees, Rates and Charges is to
include a rate for commercial recycling customers who are serviced with
semi-automated carts. This corrects an oversight/omission from the rate
structure of Ordinance 874815, which was adopted on August 6, 2015.
The rates included in this addition comply with the October 15, 2014
recommendation by the Burton and Associates Rate Study.
Councilmember Hamilton moved to amend the Clearwater Code of
Ordinances, Appendix A - Schedule of Fees, Rates and Charges.
The motion was duly seconded and carried unanimously.
Ordinance 8775-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8775-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Page 13 City of Clearwater Draft
City Council Meeting Minutes October 1, 2015
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
10. City Attorney Reports - None. 11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson requested an explanation of Charter
Review Committee proposed recommendations. He said he met with
Senator Latvala regarding the Courtney Campbell Causeway Trailhead and
asked him for his continued support for Highway Beautification grant
funding. He attended the Tampa Bay Partnership Jeff Vinik proposal last
week. He visited Paulson Plastic Academy training facility and was excited
to see higher technology training offered in the area.
Councilmember Hock-DiPolito thanked the community, City and Bright
House Networks for a wonderful Superboat weekend.
Councilmember Hamilton said the Council did a good and fair job appointing
the Charter Review Committee members. He expressed concern regarding
the attendance record of a couple of members. He congratulated the
Mayor, Vice Mayor and Councilmember Hock-DiPolito for announcing and
kicking off their election campaign.
12. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events.
13. Adjourn
The meeting adjourned at 8:31 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Page 14 City of Clearwater Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1704
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve a recommendation by the Public Art and Design Board for the commission of a public
art installation for the Main Branch Library located at 100 North Osceola Avenue, as designed
by artist Douwe Blumberg, for a total cost of $52,260.94 to be funded from Main Library
Entryway Improvement Funds (CIP 315-93529). (consent)
SUMMARY:
The theme and scope of this artwork commission was determined with input from
representatives of the Public Library system, patrons of the Main Library, and citizens from the
downtown community. The desired intent of this project is to commission public artwork that
serves as an artistic enhancement to the main entry courtyard at the City’s Main Branch
Library.
The Public Art and Design Board appointed a five-member Selection Panel comprised of
individuals representing specified interests and expertise as follows:
Jerri Menaul (Chair), Public Art and Design Board representative
Michelle Arnold, Public Library System representative
Denis Gaston, Community representative/artist
Jan Nickols, Community representative
Linda Rothstein, Public Library System representative
A nationwide Call to Artists was issued and received 111 artist applications. The Selection
Panel met to review all applicant credentials and artworks and selected artist Douwe
Blumberg, as his ‘Silver Sentinel’ artwork and its solid, yet playful, aesthetics best fit the theme
and artistic desires of the project stakeholders. A representative sample of Mr. Blumberg’s
past work is included to show his skill and attention to detail.
Mr. Blumberg submitted two proposals, reminiscent of ‘Silver Sentinel’ in design, but tailored
for the Main Library. The final product will be a composite of the proposals included in the
agenda packet and the original source design of ‘Silver Sentinel.’ On August 27, 2015, the
Public Art and Design Board unanimously approved the recommendation to commission Mr.
Blumberg based on his proposal design and the potential for future customization. The Board
is recommending the commission of this artist’s proposal of public artwork to the City Council.
This item supports the City's Strategic Vision by providing public art for the citizens and
visitors of Clearwater, making the city a better place to live, learn, work, visit and play. This
commission represents the City’s ongoing commitment to the Public Art and Design Program
through commissions of public art for city capital improvement projects, a process that is not
affected by the mandatory to voluntary transition of the Public Art in Private Development
program.
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1704
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 315-93529, Main Library Entryway Improvement Fund to
fund this contract.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 10/14/2015
Douwe Blumberg
http://www.douwestudios.com
douwe@douwestudios.com
SELECTED PUBLIC INSTALLATIONS
‘Las Vegas Veterans Memorial’
101 Pavilion Center Drive
Las Vegas, NV 89144
‘“America’s Response” Special Operations Monument’
1 World Trade Center
New York, NY 10007
‘Steel Stampede’
Star K Ranch at Morrison Nature Center
16002 E. Smith Road
Aurora, CO 80011
‘Wings of Change’
Vance Brand Airport
229 Airport Road
Longmont, CO 80503
Explanation of images:
The following images are submitted as a visual representation of Douwe Blumberg’s past and current
commissions. These were reviewed by the Selection Panel and Public Art and Development Board along
with Mr. Blumberg’s qualifications and deemed appropriate for commission for the Clearwater Main
Library Courtyard sculpture installation.
The final image, Silver Sentinel, is included as this piece was the inspiration for the selection of Mr.
Blumberg’s artwork for commission at the library. The general design of the tree for the Library
installation will be of similar structure as Silver Sentinel, the body consisting of a magnesium composite
alloyed with stainless steel for a more realistic surface to the tree that will be rust and other oxidation-
resistant. The colored leaves will be a mixture of plexiglass and Lexan, which will require a minimum of
maintenance, will not shatter, and will hold their color for years to come.
Las Vegas Veterans Memorial – Modern Operations proposal rendering
Under construction
101 Pavilion Center Drive, Las Vegas, NV
Las Vegas Veterans Memorial – Historical Contrast proposal rendering
Under construction
101 Pavilion Center Drive, Las Vegas, NV
America’s Response, Special Operations
1 World Trade Center, New York, NY
Silver Sentinel
City entryway
Summit, New Jersey
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1725
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Library
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve contracts (blanket purchase orders) for Baker and Taylor and Ingram Library
Services for the acquisition of library books and materials for the contract period of October 1,
2015 through September 30, 2016, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
Award blanket purchase orders to Baker and Taylor, Atlanta, GA - $215,000; and Ingram
Library Services, Atlanta, GA - $140,000; for the acquisition of library books and other
materials. The purchase orders will be used for numerous small dollar purchases. Both
Baker and Taylor and Ingram Library Services are State of Florida vendors on Contract
number 715-001-07-1, valid through February 28, 2017.
Authorization for the blanket purchase orders is requested pursuant to Code Section 2.564(1)
(d) utilization of another governmental entity's bid.
APPROPRIATION CODE AND AMOUNT:
Appropriation Code: 0010-01731-564400-571-000-0000
Amount: $355,000
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1727
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Library
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency
(CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2015-2016 in the
amount of $99,600 to underwrite activities in the Clearwater Main Library that support
community learning in the areas of Science, Technology, Engineering and Math,
entrepreneurship and small business growth and development pursuant to the
recommendations of the Urban Land Institute report on economic enhancement of the
downtown Clearwater area and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Main Library is a partner in the Clearwater Business Spark! ecosystem of
organizations working to support the development of entrepreneurship and small business
startup in the downtown Clearwater area. This partnership was prompted by the ULI report
recommending public/private partnerships to encourage business growth in this area. The
Main Library has a prominent position in the CRA area, and will provide education and training
in the Business and STEM areas through research opportunities, STEM maker space areas,
classes and tutorials and meeting accommodation. The CRA funding will pay one staff
member to oversee these functions, assist with additional library hours to make the facility
available when needed by the business community and provide educational and training
opportunities.
Funding will be from the CRA budget.
Page 1 City of Clearwater Printed on 10/14/2015
INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this ________ day of
_____________, 2015 by and between the Community Redevelopment Agency
of the City of Clearwater, Florida (CRA), a redevelopment agency established
pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the
State of Florida.
WHEREAS, this Agreement is made and entered between the parties
pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation
Act of 1969”; and
WHEREAS, Section 163.387(6), Florida Statutes, allows for use of
moneys in the redevelopment trust fund may be expended from time to time for
undertakings of a community redevelopment agency as described in the
community redevelopment plan; and
WHEREAS, the CRA has adopted a Community Redevelopment Plan that
establishes certain Goals and Objectives to guide the revitalization of the
Downtown area; and
WHEREAS, supporting community learning, entrepreneurship and
growing small businesses are important activities which help meet certain
Objectives established in the Community Redevelopment Plan including
Objective 3B which says that, “The…Main Library will serve as a cultural
attraction and an anchor for the northern section of the Downtown Core,” and
Objective 1E, which states that, “A variety of businesses are encouraged to
relocate and expand in Downtown to provide a stable employment center, as well
as employment opportunities for Downtown residents”; and
WHEREAS, the Clearwater Downtown Redevelopment Plan establishes
that funds received by the CRA through the use of Tax Increment Financing (TIF)
may be used for certain redevelopment activities; and
WHEREAS, the City has adopted an Economic Development Strategic
Plan which outlines the steps for achieving economic development success and
establishes as “Goal Four: Business Development” that the city should, “support
an entrepreneurship and innovation ecosystem and collaborate with regional
partners to market Clearwater to target industries;” and
WHEREAS, on May 4, 2015, and May 7, 2015, the CRA and the City,
respectively, together with the Clearwater Regional Chamber of Commerce,
Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE), Florida
Small Business Development Center (FSBDC) of Pinellas County Economic
Development entered into a Memorandum of Understanding to support
2
collaborative and coordinated approaches to serve pre-venture, startup and small
business enterprises in the City of Clearwater and the greater Clearwater area
and that City of Clearwater – Economic Development & Housing Department and
City of Clearwater Library System would together participate in these efforts; and
WHEREAS, the Urban Land Institute Advisory Services Panel Report
issued September 2014 recommended the library “identify uses that can colocate
with the library to boost its use and help activate the area around it” such as “a
community meeting room and center”; and
WHEREAS, the CRA and the CITY want to enter into an Interlocal
Agreement during the Fiscal Year 2015/2016, outlining the scope of services and
responsibilities of the parties.
NOW THEREFORE, in consideration of the covenants made by each
party to the other and of the mutual advantages to be realized by the parties
hereto, the CRA and the CITY agree as follows:
Section 1.Term. The term of this Interlocal Agreement will be October
1, 2015 through September 30, 2016.
Section 2.Intent. It is the intent of the parties that the TIF funds paid to
the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be
used to provide the following services in support of the economic enhancement
of the downtown area:
A.Create and maintain two (2) maker spaces at the Clearwater Main
Library, located at 100 N. Osceola Avenue, providing technology and
equipment such as but not limited to 3D printers, video and audio
recording equipment, robotics and iMac computer hardware, as well as
specialized software to assist in the production of technology
innovation and business growth and development.
B.Provide training on the proper use of the equipment and technology
listed above, as well as on small business startup, entrepreneurship,
job seeking, technology development, digitization and effective use of
the world wide web for communication and business marketing, and
encouraging science, technology, engineering, and math (STEM)
education and skills for all age groups to help create tomorrow’s
workforce.
C.Foster a sense of community for the downtown area by providing
space for meetings, both formal and informal, that is receptive to the
sharing of technology and ideas, supports gatherings where
participants can share common interests and grow skills and
3
knowledge by working together and creates partnerships to effectively
facilitate mutual growth and support innovation and entrepreneurship.
Section 3.Responsibilities of the CRA
Function: Provide TIF funding in the total amount not to exceed
$99,600.00 for the contract year, said funds to be utilized by the Clearwater Main
Library (Main Library) to provide staffing, equipment, education and training for
the greater Clearwater community on STEM activities within the Studios at Main,
a maker space area, to be allocated in the following manner:
A.$57,600.00 to pay for a Library Program Specialist, Exhibit A
attached hereto and incorporated by reference, contains detailed
specifications
B.$25,000.00 the estimated cost for the contract year for coverage of
additional hours to make the library available to the business
community two mornings and two evenings each week.
C.$12,000.00 the estimated cost for the contract year for education
and training tools.
D.$5,000 for material and supplies.
Section 4.Responsibilities of the CITY
Scope of Duties: The services that the CITY will provide will be carried
out by the Main Library. These services are:
A.Developing two (2) maker spaces within the Clearwater Main
Library providing technology and training to the public and working
in cooperation with the Clearwater Business Spark! Partners to
support economic development in the downtown area.
B.Provide staffing for the programs of the maker studios to provide
programs and training to support innovation and entrepreneurship
in the downtown area. Develop partnerships to effectively utilize
the library space.
Section 5.Notice.Sixty (60) days notice by either party to the
other pursuant to the Interlocal Agreement shall be given in writing and
hand-delivered or mailed as follows:
Clearwater Community Redevelopment Agency
Attn: Rod Irwin, Executive Director
4
112 South Osceola Avenue
Clearwater, Florida 33756
Telephone: (727) 562-4058
City of Clearwater
Attn: William B. Horne II, City Manager
112 South Osceola Avenue
Clearwater, Florida 33756
Telephone: (727) 562-4046
Section 6.Entire Agreement. This document embodies the whole
Agreement of the parties. There are no promises, terms, conditions or
allegations other than those contained herein. This Agreement shall be
binding on the parties, their successors, assigns and legal
representatives.
Section 7.Indemnification.The CRA and the CITY agree to be fully
responsible for their own acts of negligence, or their respective agents’
acts of negligence when acting within the scope of their employment, and
agree to be liable for any damages resulting from said negligence only to
the extent permitted by Section 768.28, Florida Statutes. Nothing herein
is intended to nor shall it be construed as a waiver of any immunity from or
limitation from liability that the CRA and the CITY are entitled to under the
doctrine of sovereign immunity (Section 768.28, Florida Statutes).
Nothing herein shall be construed as consent by the CRA or the CITY to
be sued by third parties in any manner arising out of this Agreement.
Section 8. Maintenance of Effort. The expenditures authorized by this
Agreement are solely and exclusively to increase community policing
activity and resources. The City agrees that no diminishment of existing
police efforts in the East Gateway will occur as a result of this agreement.
Section 9.Filing Effective Date.As required by Section
163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Pinellas County after execution by the
parties, and shall take effect upon the date of filing.
[THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK]
5
IN WITNESS WHEREOF, the parties hereto, or their law representatives, have
executed this agreement as the date first above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By: ______________________________
George N. Cretekos, Chairperson
Approved as to form: Attest:
___________________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________By: _____________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________________________________________
Matthew Smith Rosemarie Call
Assistant City Attorney City Clerk
1 Program
Specialist
Full Time Salaries & Wages 40,440
Life Ins $2500 Empl & Pens 10
1% Life Insurance-Employee -
Samp Life Insurance 160
Major Medical Insurance 8,720
Social Security 590
Emp Pension Plan 7,680
Total 57,600
Staff support, Additional hours,
2 evenings, 2 mornings/wk 25,000.00
Business/STEM training database 12,000.00
Supplies 5,000.00
99,600.00
Downtown Enhancement Fact Sheet
Library - CRA Funded Program
For FY 2014/15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1752
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve blanket purchase order for sod services to Lira Sod, Inc. of Lake Placid, Florida, in
the annual amount of $250,000 (Invitation to Bid 63-15), and two one-year renewal terms at
the City's option and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Staff is requesting a blanket purchase order be issued to Lira Sod, Inc. (Lira), to provide sod
services including the delivery, grading, staking and installation of Bahia, Saint Augustine and
Bermuda sod for Fiscal Year 2015/16.
Invitation to Bid 63-15 was issued and three bids were received. Of the three bidders, Lira
submitted the lowest most responsible bid for the work being requested.
Lira has worked for the City in the past and has an exceptional record of performance and
very responsive to City needs and their turnaround time for sod work is very good. Lira is
familiar with all rules, regulations and standards required by the City of Clearwater.
This contract will be used for the many maintenance projects and capital improvement
projects in the Parks and Recreation Department. In addition it can be used by other City
departments that might need sod work done during the year.
APPROPRIATION CODE AND AMOUNT:
Funding for the Blanket Purchase Order will come from a variety of general fund cost centers
but primarily from projects, parks and athletic codes as well as various Capital Improvement
Project codes.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1753
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve the Purchase Contract for the City’s purchase of real property located at 2375 N.E.
Coachman Road, Clearwater, FL, with a purchase price of $210,000 and total expenditures
not to exceed $223,700 including an environmental audit, demolition expenses and closing
costs; authorize the appropriate officials to execute same, together with all other instruments
required to affect closing; and transfer funds from Open Space impact fees to Park Land
Acquisition (CIP315-93133), at first quarter to cover this purchase. (consent)
SUMMARY:
The subject property is located at 2375 N.E. Coachman Road. The property is approximately
47,108 square feet and contains a single family residential structure. The property has 210
feet of frontage on N.E. Coachman Road and is bordered by Northeast Coachman Park on
the other three sides.
If acquired, the current residential structure as well as any other structures on the site
including fencing will be removed and the land will be used to increase the size of Northeast
Coachman Park. Northeast Coachman Park is a heavily used passive park, which is home to
an 18-hole disc golf course. The availability of this additional acreage will allow park users
additional space to enjoy passive park uses as well as provide space to modify the existing
disc golf course.
Nash and Associates Appraisal Services, Inc. performed an appraisal and valued the property
at $210,000 with a valuation date of August 7, 2015.
Acquisition Costs for the Purchase of 2375 N.E. Coachman Road:
Purchase price $210,000
Environmental Audit $2,200
Closing costs $500
Demolition $10,000
+ 10% contingency $1,000
TOTAL $223,700
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will transfer $223,700 of Open Space impact fees from the
Special Development Fund into project 315-93133 Park Land Acquisition.
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1753
N/A
Page 2 City of Clearwater Printed on 10/14/2015
ELLA
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SERVICE RD "A"US 19LOCATION MAP
JB CL
272A 07-29s-16e
09/15/2015Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed Property Acquisition2375 N.E. Coachman Road
²
N.T.S.Scale:
1 of 2Page:
Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\Proposed Prop Acq 2375 Coachman-1.mxd
Northeast Coachman Park
2375 NE Coachman Rd
N OLD COACHMAN RDNE COACHMAN RD LAKEFORESTRDCOLLEGE HILL DR
EARLHAM DR LOCATION MAP
JB CL
272A 07-29s-16e
09/15/2015Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed Property Acquisition2375 N.E. Coachman Road
²
N.T.S.Scale:
2 of 2Page:
Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\Proposed Prop Acq 2375 Coachman-2.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1756
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve a blanket purchase order to LM Scofield Company of Rutherford, NJ for the purchase
of Scofield Revive Color Stain for $172,800, includes shipping and 10% contingency, to be
used to refurbish Beach Walk, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On August 6, 2015, Council approved increasing Capital Improvement Project 315-03633,
Pier 60 and Beach Walk Repairs and Improvements, by $335,000 to provide funding for the
refurbishment of the concrete walkways associated with Beach Walk (approximately 177,450
sq. ft.) to be funded by the transfer of $335,000 from general fund reserves at third quarter.
The blanket purchase order to LM Scofield Company is for the material (stain) required for
application at Beach Walk to restore the concrete to its original installed finish. The product is
being purchased as a sole source in accordance with City Code Section 2.564(1)(b)
Exceptions to Bid - Sole Source. Justification for the sole source includes: the stain formula is
proprietary; the colors required must be custom ordered for an exact match (Scofield
specifically designed the original colors for Beach Walk); the Beach by Design ordinance
requires the concrete colors to be maintained; and the results with this product are known.
Bid Number 71-15 is currently advertised and posted for the stain application services. The
contract for these services is anticipated to be less than $100,000.
It is estimated that the life of the concrete restoration will be approximately five years. The
project will be completed prior to Spring of 2016.
APPROPRIATION CODE AND AMOUNT:
Funding for this Purchase Order will come from 315-93633, Pier 60 & Beach Walk Repairs
and Improvements.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1759
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Approve a Sovereignty Submerged Lands Fee Waived Lease between the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida (Lessor) and City of Clearwater
(Lessee) for the use of State sovereignty submerged land to construct a boardwalk and a pier
at the eastern most terminus of Papaya Street where it ends at the seawall part of the Marina
District Boardwalk project and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On August 14, 2013, the Council approved the Marina District Boardwalk and Entry Nodes
Capital Improvement Project, 315-93639, for $606,510 from undesignated Special
Development Fund retained earnings, to design and construct three access entry nodes for
the future Marina District Boardwalk at Baymont Street, Papaya Street and the pedestrian
walk under bridge at SR 60.
The City has completed designs for the Papaya Street entry node and staff has been
attempting to get the necessary permits approved by State, County and local officials to move
forward with this portion of the project.
The design of the Papaya Street end node is to construct a portion of the boardwalk that will
eventually become a part of the much greater boardwalk that ties together all of the properties
from SR60 to Baymont Street as well as a public observation pier that extends approximately
100 feet into the intercostals waterway.
In order to do so, the Lessor requires the City to execute a Sovereignty Submerged Lands
Fee Waived Lease. This lease is common to other such leases the City has obtained from
the State and will allow the City to construct the necessary amenities necessary to complete
this portion of the project.
Additional permits in process for this project include Pinellas County Navigation and U. S.
Coast Guard.
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:
N/A
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1759
N/A
Page 2 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1766
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Approve settlement of workers’ compensation claim of Mr. Christopher Buehler, for payment
of $100,000.00 inclusive and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On February 24, 2015 Mr. Buehler filed a workers’ compensation claim for date of injury
September 15, 2014, alleging that he received an on the job injury to his left hand.
This claim was denied. The claimant and his attorney have agreed to settle this claim for
$100,000 inclusive of attorney fees and costs. Under the settlement terms the claim will
remain denied and all treatment relating to this injury will continue to be paid under group
health insurance.
The entire indemnity and medical claims and all attorney fees and cost would settle per statute
for a total settlement of $100,000. The City’s Risk Management Division; outside attorney for
the City of Clearwater, Mark Hungate with Banker Lopez Gassler, P .A.; and the City’s Claims
Committee recommend approval.
Funding for the payment of this settlement is available in the budget for claims expense in the
Central Insurance Fund
APPROPRIATION CODE AND AMOUNT:
0590-07000-545800-519-000-0000 $100,000.00
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1771
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Approve a Construction Manager at Risk proposal from Keystone Excavators Inc., of Oldsmar,
Fl, in the amount of $121,220.00 for construction of Sand Key Beach Access Parking Lot
Improvements, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On June 6, 2013, the Council approved the use of Construction Manager at Risk Services
(CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Peter
Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative
Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone
Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a
period of three years.
These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under
Request for Qualifications 15-13 based upon construction experience, financial capability,
availability of qualified staff, local knowledge and involvement in the community.
The City is obligated to provide public parking near its beach access points through an
Interlocal Agreement with Pinellas County for Beach Nourishment Eligibility. The unimproved
grass lot located at 1371 Gulf Boulevard has satisfied the number of parking spaces required
in this area for several years. The grass lot has since deteriorated and this project will stabilize
the parking surface.
Additional improvements will include irrigation, groundcover and landscaping at a cost of
$13,150.00 by the Parks and Recreation Department.
Future maintenance of the lot will be handled by the Parks and Recreation Department .
APPROPRIATION CODE AND AMOUNT:
0315-92654-56350-545-000-0000 $121,220
Funds are available in Capital Improvement Program project 315-92654, Parking Lot
Improvements, to fund this contract.
Page 1 City of Clearwater Printed on 10/14/2015
GULF BLVD SGULFVIEW B L V D
BAYWAY BLVD
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Parking Lot
JB EC N.T.S.303B 19-29s-15e09/24/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Sand Key Beach Access Parking Lot1371 Gulf Blvd
Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Ed Chesney\1371 Sand Key Parking.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1786
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.10
SUBJECT/RECOMMENDATION:
Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment for
the local government contribution that is required for applicants to participate in the State of
Florida’s Low Income Housing Tax Credit Program (LIHTC) to SP Trail LLC for Chestnut Trail,
a proposed 80-unit senior affordable rental housing development to be developed by
Southport Development, Inc.; and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On September 11, 2015, the City’s Economic Development and Housing Department released
a Request for Applications (RFA) for projects seeking a local government contribution to apply
for the Fiscal Year 2015-16 State of Florida Low Income Housing Tax Credit Program
(LIHTC). The City received one proposal on September 25, 2015.
The selection committee, made up of Economic Development and Housing, Planning and
Development and Engineering staff, met and ranked the applications through its published
ranking process. The selection committee recommends Chestnut Trail to receive the local
government contribution set aside.
The subject site is located at 645 Chestnut Street. The apartments consist of 80 one- and
two-bedroom units located in one building, 5-stories tall and inclusive of a level or two of
parking that will serve the elderly demographic. The estimated total development cost will be
$17,900,000. Some of the amenities in the project include an office, community/clubhouse,
grill area with picnic tables and a car care area. The resident programs include literacy and
computer training and daily activities. The literacy training will be a weekly lesson available to
all residents who choose to participate. The daily activities program will include on-site,
supervised, structured activities at no cost to the residents. The proposed development team
is Southport Development, Inc. (Developer), Vaughn Bay Construction, Inc. (Contractor), and
Architectonics Studio, Inc. (Architect) who have successfully worked together on the
development of more than 10 affordable housing communities over the last 5 years to include
Burlington Senior Living located in St. Petersburg, FL.
Chestnut Trail is located in the downtown Core Character District of the Clearwater Downtown
Redevelopment Plan. This site, three quarters of an acre (0.74), is a good use as affordable
elderly-rental housing because it takes advantage of the location of nearby amenities,
including the Pinellas Trail, grocery store and bus stops. Otherwise, this would be a difficult
site to develop as an urban building given the character of Chestnut Street.
Staff is recommending a funding commitment to Chestnut Trail as the only project using
$75,000 from General Fund Reserves and/or a combination of funds from the Housing
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1786
Division if available at the time of project award. According to LIHTC program rules, only one
project per Large County will be funded for development through this tax credit cycle.
The application period for the LIHTC Program for Large Counties (Broward/Palm
Beach/Duval/ Hillsborough/Orange/Pinellas) opened on September 21, 2015 with applications
due November 5, 2015. The final board approval is scheduled for May 2016. If no City of
Clearwater projects are funded, the commitment for General Fund Reserves would be
released.
As background, the Low Income Housing Tax Credit Program is governed by the U.S.
Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of
the Internal Revenue Code, as amended. The program was established to provide for-profit
and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange
for the acquisition and substantial rehabilitation or new construction of low and very
low-income rental housing units (60% of the Area Median Income and below with a set aside
for 40% of AMI and below). In this application cycle, the minimum value of contributions
required from a government agency for a Tax Credit Program application to receive the
maximum points is $75,000. It is staff’s understanding, that in order to meet this requirement,
the local government needs to make a commitment to each project they support.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
The balance in General Fund reserves is approximately $28 million, or 22.5% of the 2015/16
General Fund operating budget.
Page 2 City of Clearwater Printed on 10/14/2015
TURNER ST TURNER ST
COURT ST COURT ST S MYRTLE AVE S MYRTLE AVE CHESTNUT ST CHESTNUT ST S EAST AVES EAST AVEPINE ST PINE ST S FORT HARRISON AVE S FORT HARRISON AVE INDIANA AVE INDIANA AVE ROGERS ST ROGERS ST S GARDEN AVE S GARDEN AVE MARKLEY ST MARKLEY ST
PINE ST PINE ST
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MK CL N.T.S.295B 16-29s-15e10/2/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Proposed Affordable Housing DevelopmentChestnut Trail - 645 Chestnut Street
Document Path: V:\GIS\Engineering\Location M aps\ChestnutTrail.m xd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1792
Agenda Date: 10/14/2015 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.11
SUBJECT/RECOMMENDATION:
Approve the City Manager's/Director of Parks and Recreation's recommendation to self-insure
against risk and loss for claims, which arise from those activities directed by the City or within
the City's care, custody and control during the Clearwater Jazz Holiday music festival.
(consent)
SUMMARY:
Clearwater Jazz Holiday is in its 36th year of providing a signature event in partnership with
the City of Clearwater at Coachman Park.
This year’s music festival is scheduled from October 15, 2015 through October 18, 2015.
The City of Clearwater provides the use of Coachman Park, maintenance of the grounds and
infrastructure set up for the festival and all of festival and concert events held there.
Currently, the City’s self-insurance covers all events in Coachman Park with the exception of
Clearwater Jazz Holiday and WILDSPLASH, which each are required to list the City as an
additional insured for all activities in the park during the events.
Clearwater Jazz Holiday is requesting, and staff is recommending, that their policy no longer
list the City as an additional insured and the City has agreed to bear the risk of those claims,
which arise from those activities directed by the City or within the City's care, custody and
control.
Clearwater Jazz Holiday is making this request due to rising insurance premiums and ability to
procure credible insurance coverage for facilities and infrastructure that are not under their
control.
Clearwater Jazz Holiday will still continue to procure an insurance policy that generally covers
those claims that arise from the Foundation's production and operation of the music festival.
Approval of this item will not increase the City’s insurance premiums (the City will self-insure)
but does increase the City’s exposure to potential claims arising from this event.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1792
N/A
Page 2 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ATA2015-08002
Agenda Date: 10/14/2015 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.1
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 2147,
2167 and 2173 Burnice Drive and 2118 Pleasant Parkway; and Pass Ordinances 8771-15,
8772-15 and 8773-15 on first reading. (ATA2015-08002)
SUMMARY:
The City of Clearwater Public Utilities Department is expanding sewer service into a
neighborhood located generally south of Druid Road, west of South Belcher Road, east of
South Hercules Avenue and north of Lakeview Road. This neighborhood contains a large
concentration of properties within unincorporated Pinellas County. To date, ten properties
have voluntarily annexed into the City as a result of this project and 11 more properties are
currently in the process of annexing.
This application includes four parcels with recorded Agreements to Annex (ATAs) that have
become contiguous in the Belcher Area Sanitary Sewer Extension Project Area. Current or
previous owners of these properties entered into ATAs between 1987 and 2015 in order to
obtain sanitary sewer service. The Planning and Development Department is initiating this
project to bring the properties into the City ’s jurisdiction in compliance with the terms and
conditions set forth in the agreements. These properties are occupied by four detached
dwellings on 0.945 acres of land. All properties are contiguous to existing City boundaries in at
least one direction. It is proposed that the properties be assigned a Future Land Use Map
designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The properties currently receive water service from Pinellas County. Collection of solid
waste will be provided to the properties by the City. Three of the parcels have already
been connected to the City ’s sanitary sewer system. The remaining parcel will be
connected when it is available. All fees have been paid. The properties are located
within Police District II 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 this property by Station 49 located at 565 Sky
Harbor Drive. The City has adequate capacity to serve these properties with sanitary
sewer, solid waste, police, fire and EMS service. Water service will continue to be
provided by the County. The proposed annexation will not have an adverse effect on
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ATA2015-08002
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.
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
Objective A.7.2 Diversify and expand the City ’s tax base through the
annexation of a variety of land uses located within the Clearwater Planning
Area.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with
the current Countywide Plan designation of these properties. This designation primarily
permits residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the properties is the Low Medium Density Residential (LMDR) District.
The use of the subject properties is consistent with the uses allowed in the District and
the properties comply with 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 properties proposed for annexation are contiguous to existing City limits along at
least one property boundary. Therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 10/14/2015
Ordinance No. 8771-15
ORDINANCE NO. 8771-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST
OF BELCHER ROAD, EAST OF SOUTH HERCULES
AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE
POST OFFICE ADDRESSES ARE 2147, 2167, AND 2173
BURNICE DRIVE AND 2118 PLEASANT PARKWAY, INTO
THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for Legal Descriptions.
(ATA2015-08002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8771-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ATA2015‐08002
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0260 Lot 26 2147 Burnice Drive
2. 24-29-15-31050-000-0290 Lot 29 2167 Burnice Drive
3. 24-29-15-31050-000-0300 Lot 30 2173 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida;
=========================================================================================
4. 24-29-15-72144-000-0150 Lot 15 2118 Pleasant Parkway
The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public
Records of Pinellas County, Florida;
Exhibit B
PROPOSED ANNEXATION MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR 606050
126
125
124 123 122 121 120 119 118 117 116 115 114 113 112 111
50
50
60
50
60606060 60 60
50
72144
064080642606444
31050
3
4
5
6
7
9 10
11
12
13141516
11 12 13 14 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 21 22
23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 13 12 11 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR S BELCHER RD BELL CHEER DR
S UNIVERSITY DR
DORADO PL PLEASANT PKWY 3422131217321722165211721482155213521492167127621092198211721382123210921
4
7 21552179213921852130210721972125210621012106 2157216621252115 2142219121242174213521491 110
2111 21432143216121872195217821852130128221912188
1290Traf2154211221922181212722143221732112211021602147120022122215221842125211621302140219921602118219021192216622173222124211821412100216721571220222133214822100219122134 2210Elec-Not to Scale--Not a Survey-Rev. 08/10/15
Ordinance No. 8772-15
ORDINANCE NO. 8772-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTIES LOCATED
GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER
ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH
OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES
ARE 2147, 2167, AND 2173 BURNICE DRIVE AND 2118
PLEASANT PARKWAY, 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 categories for the hereinafter described
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached Exhibit A for Legal
Descriptions.
Residential Low
(RL)
(ATA2015-08002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8771-15.
Ordinance No. 8772-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ATA2015‐08002
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0260 Lot 26 2147 Burnice Drive
2. 24-29-15-31050-000-0290 Lot 29 2167 Burnice Drive
3. 24-29-15-31050-000-0300 Lot 30 2173 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida;
=========================================================================================
4. 24-29-15-72144-000-0150 Lot 15 2118 Pleasant Parkway
The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public
Records of Pinellas County, Florida;
Exhibit B
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR 606050
5
6
126
125
124 123 122 121 120 119 118 117 116 115 114 113 112 111
60
50
60606060 60 60
50
72144
064080642606444
31050
3
4
5
6
7
9 10
11
12
13141516
11 12 13 14 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 21 22
23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 13 12 11 10
9 8
7 654 3 2 1
7
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
RL
RL
P
RL
RU
WATER
RU
RU
RU
BURNICE DR
BELL CHEER DR
S UNIVERSITY DR PLEASANT PKWY 342213121732165211721482155213521492167127621092198211721382123210921
4
7 21552179213921852130210721972125210621012106 2157216621252115 2142219121242174213521492111 21432143216121872195217821852130128221912188
1290Traf215421122172219221812127221432217321122110216021471200212122215221842125211621302140219921602118219021192216621217321212124211821412100216721571110
12202212133214821
2100219122134-Not to Scale--Not a Survey-Rev. 08/10/15
Ordinance No. 8773-15
ORDINANCE NO. 8773-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY SOUTH OF DRUID ROAD, WEST OF
BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE
AND NORTH OF LAKEVIEW ROAD, WHOSE POST
OFFICE ADDRESSES ARE 2147, 2167, AND 2173
BURNICE DRIVE AND 2118 PLEASANT PARKWAY, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described properties located in Pinellas County, Florida,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
zoning atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8771-15.
Property Zoning District
See attached Exhibit A for Legal
Descriptions.
Low Medium Density Residential
(LMDR)
(ATA2015-08002)
Ordinance No. 8773-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ATA2015‐08002
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0260 Lot 26 2147 Burnice Drive
2. 24-29-15-31050-000-0290 Lot 29 2167 Burnice Drive
3. 24-29-15-31050-000-0300 Lot 30 2173 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida;
=========================================================================================
4. 24-29-15-72144-000-0150 Lot 15 2118 Pleasant Parkway
The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public
Records of Pinellas County, Florida;
Exhibit B
ZONING MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR 606050
126
125
124 123 122 121 120 119 118 117 116 115 114 113 112 111
50
50
60
50
60606060 60 60
50
72144
064080642606444
31050
3
4
5
6
7
9 10
11
12
13141516
11 12 13 14 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 21 22
23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 13 12 11 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
LMDR
P
LMDR
P
I
LMDR
BURNICE DR S BELCHER RD BELL CHEER DR
S UNIVERSITY DR
DORADO PL PLEASANT PKWY 3422131217321722165211721482155213521492167127621092198211721382123210921
4
7 21552179213921852130210721972125210121062157216621252115 2142219121242174213521491 110
21432143216121872195217821852130128221912188
1290Traf21542112219221812127221432217321122110216021471200221222152218421252116213021062140219921602118219021192216622173222124211821412100216721572111
122022213321482
21002191221342210Elec-Not to Scale--Not a Survey-Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Location.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
DRUID RD
BELCHER RD^^^
^-Not to Scale--Not a Survey-Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Aerial.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Existing Uses label.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR 606050
126
125
124 123 122 121 120 119 118 117 116 115 114 113 112 111
50
50
60
50
60606060 60 60
50
72144
064080642606444
31050
3
4
5
6
7
9 10
11
12
13141516
11 12 13 14 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 21 22
23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 13 12 11 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR S BELCHER RD BELL CHEER DR
S UNIVERSITY DR
DORADO PL PLEASANT PKWY 3422131217321722165211721482155213521492167127621092198211721382123210921
4
7 21552179213921852130210721972125210621012106 2157216621252115 2142219121242174213521491 110
2111 21432143216121872195217821852130128221912188
1290Traf2154211221922181212722143221732112211021602147120022122215221842125211621302140219921602118219021192216622173222124211821412100216721571220222133214822100219122134 2210Elec-Not to Scale--Not a Survey-Rev. 08/10/15
Single Family Residential
Single Family Residential
Single Family Residential
Water
City Conservation Land
View looking south at the subject property,
2147 Burnice Drive
View looking north of the subject property
East of the subject property West of the subject property
ATA2015-08002
Anita and Stephen Platt
2147 Burnice Drive
Page 1 of 4
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking south at the subject property,
2167 Burnice Drive
View looking north of the subject property
East of the subject property West of the subject property
ATA2015-08002
B J Heron
2167 Burnice Drive
Page 2 of 4
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking south at the subject property,
2173 Burnice Drive
View looking north of the subject property
East of the subject property West of the subject property
ATA2015-08002
Deborah Wood
2173 Burnice Drive
Page 3 of 4
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking north at the subject property,
2118 Pleasant Parkway
Across the street, to the south of the subject property
East of the subject property West of the subject property
ATA2015-08002
David and Tammy Richardson
2118 Pleasant Parkway
Page 4 of 4
View looking easterly along Pleasant Parkway View looking westerly along Pleasant Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1791
Agenda Date: 10/14/2015 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve State Housing Initiatives Partnership (SHIP Program) Close Out Annual Report for
Fiscal Year 2013-2014.
SUMMARY:
The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992.
This act created a dedicated revenue source for the state and local housing trust funds. This
dedicated revenue source funds state and local housing programs and assists local
governments in meeting the housing needs of its population. The Sadowski Act created the
State Housing Initiatives Partnership (SHIP) Program.
Through the SHIP Program, Economic Development and Housing has provided funding for
the following housing activities: down payment and closing costs assistance for existing
structures, the rehabilitation of owner occupied single-family dwellings, the acquisition and
rehabilitation of existing dwellings, and the construction of new dwellings in the City’s target
and revitalization areas.
For fiscal year 2013-2014, The Florida Legislature did not award any dollars from the
dedicated revenue source to the SHIP Program, however, the legislature created Senate Bill
1852 from the National Mortgage Settlement. The City received $158,624 from the national
mortgage settlement for fiscal year 2013-2014. The money received from the settlement was
to be used according to SHIP statutes, rules and the parameters of the City's local housing
assistance plan. Senate Bill 1852, provided a shortened expenditure deadline for fiscal year
2013-2014, and required that twenty percent of the allocation received should be used for
special needs households.
All local governments provided with fiscal year 2013-2014 settlement funds must submit to
Florida Housing Finance Corporation their close out annual reports by October 31, 2015.
These annual reports provide details of how funds were expended. For fiscal year
2013-2014, the Housing Division used the $158,624 from the mortgage settlement received
from the State and over $128,960 in SHIP program income to assist 24 households and met
the fundamental requirement of Senate Bill 1852 by assisting over 10 special needs
households.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1791
Page 2 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8776-15
Agenda Date: 10/14/2015 Status: Public HearingVersion: 2
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Continue to November 5, 2015: Deny the request from 200 Garden, LLC to vacate the alley
located within the 200-block between North Fort Harrison Avenue and North Garden Avenue;
and reject Ordinance 8776-15 on first reading. (VAC2015-07)
SUMMARY:
200 Garden, LLC has requested the vacation of the alley lying within the 200 block between
North Fort Harrison Avenue and North Garden Avenue. The right-of-way is 16-feet wide and
is posted one-way westbound. The office building at 200 N Garden is south of the alley and
their parking area is north of the alley. The property owner is requesting the vacation to
eliminate cut-through traffic to improve safety conditions for employees crossing the alley on
foot.
There are public and private utilities located within the right-of-way. If approved, the City will
retain a utility easement over the vacated area and the ordinance requires the property
owners to grant easements to Duke Energy and Verizon Florida. Ordinance 8776-15 also
retains an easement for ingress and egress over the east 140 feet for solid waste collections
by the City. Two other entities own property fronting the alley proposed for vacation; both
have submitted letters of no objection.
The staff recommendation for Council to deny the request was brought forth by the Planning &
Development Department. Vacating this right-of-way would be contrary to the Design
Guidelines of the Clearwater Downtown Redevelopment Plan as adopted by City Council. The
following conditions are considered inappropriate according to the Design Guidelines:
§Vacating existing rights-of-way to form consolidated blocks without providing
alternative pedestrian and vehicular access to serve the proposed development and
vicinity.
§Large blocks which prohibit pedestrian access through the block and/or prohibit access
within and around the development.
In response to this objection, the property owner indicated that he would be willing to allow
continued pedestrian access through the alley.
Page 1 City of Clearwater Printed on 10/14/2015
200 Garden, LLC
200 Garden, LLCAlbanian Islamic
Cultural Center
Church of Scientology
Flag Service Organization
Proposed Alley Vacation
DREW ST
JONES ST N GARDEN AVE N FORT HARRISON AVE WATTERSON AVE N OSCEOLA AVE LOCATION MAP
JB CL
277B 09-29s-15e
9/2/2015Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed Alley Vacation200-Block between N Garden Ave. and N Ft. Harrison Ave.
²
N.T.S.Scale:
Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\Pro. Alley Vac 200BLK N Garden..mxd
Ordinance No. 8776-15
ORDINANCE NO. 8776-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT
CERTAIN RIGHT-OF-WAY ADJACENT TO THE NORTH
BOUNDARY OF LOTS 1 – 5, AND THE SOUTH BOUNDARY OF
LOTS 6 – 10, BLOCK 5, JONES’ SUBDIVISION OF
NICHOLSON’S ADDITION TO CLEARWATER HARBOR,
ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PAGE 13, OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF
WHICH PINELLAS COUNTY WAS FORMERLY A PART;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 200 Garden, LLC, owner of real property adjoining the portion of right-of-way
described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate
said right-of-way; and
WHEREAS, the City Council finds that said right-of-way is not necessary for use as public
right-of-way, thus should be vacated, as these actions are in the best interest of the City and the
general public; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
That certain right-of-way adjacent to the north boundary of Lots 1 – 5, and the south boundary
of Lots 6 – 10, Block 5, Jones’ Subdivision of Nicholson’s Addition to Clearwater Harbor,
according to the map or plat thereof, as recorded in Plat Book 1, Page 13, of the Public Records
of Hillsborough County, Florida of which Pinellas County was formerly a part is hereby vacated,
closed and released, and the City of Clearwater releases all of its right, title and interest thereto
contingent upon the following conditions:
1. The City hereby retains a utility easement over the described property for the
installation and maintenance of any and all utilities thereon by the City of
Clearwater; and
2. The City of Clearwater hereby retains an ingress and egress easement over the
east 140 feet of the described property for solid waste collections service by the
City of Clearwater, and
3. All property owners of real property abutting the right-of-way vacated hereby shall
individually grant easements to Duke Energy Florida, Inc. (doing business as
“Duke Energy”) and Verizon Florida, Inc., the location and terms of which are
acceptable to the respective utility providers. This vacation ordinance shall be null
and void if this condition is not met within sixty (60) calendar days from the
adoption of this ordinance.
Ordinance No. 8776-15
Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________ ________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1732
Agenda Date: 10/14/2015 Status: Second ReadingVersion: 2
File Type: Action ItemIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8775-15 on second reading, amending the Clearwater Code of Ordinances,
Appendix A - Schedule of Fees, Rates and Charges.
SUMMARY:
Page 1 City of Clearwater Printed on 10/14/2015
ORDINANCE NO. 8775-15
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA,AMENDING
APPENDIX A, SCHEDULE OF FEES,
RATES AND CHARGES, ARTICLE XXIV,
PUBLIC WORKS-FEES, RATES AND
CHARGES, (3)(D) RECYCLING, OF THE
CLEARWATER CODE OF ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, to comply with the October 15, 2014 Burton & Associates
Rate Study recommendations, it is determined to be fair and reasonable to
establish fees, rates and service charges based on the cost to serve the various
classes of customers, as detailed by the proposed changes to Appendix A,
Schedule of Fees, Rates, and Charges, Article XXIV, Public Works Fees, Rates,
and Charges; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Appendix A, Schedule of Fees, Rates, and Charges, Article
XXIV Public Works--Fees, Rates, and Charges, Section (3)(d) Solid Waste Collection
Rates be amended by adding the underlined and deleting the stricken language as
follows:
XXIV. PUBLIC WORKS—FEES, RATES AND CHARGES
*********
(3) Rates:
*********
(d) Recycling.
*********
3. Multi-family recycling: Monthly charges for once-weekly collection of
recyclables at each multi-family complex, per living unit:
Effective
10/1/2014
10/1/2015 10/1/2016 10/1/2017 10/1/2018
$1.88 $1.95 $2.02 $2.10 $2.18
4. Commercial RecyclingService with commercial container (uncompacted):
[A04-02088 /174231/1]2 Ordinance 8755-15
a. Service with commercial container (uncompacted)Cardboard recycling:
i. Cardboard recycling
Fiscal Year 2016
Effective Date 10/1/2015
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $29.49 $53.88 $79.60 $107.78 $143.46
3 38.16 69.71 101.26 139.25 185.63
4 45.84 84.57 123.30 170.14 226.84
6 61.98 115.06 168.13 232.33 310.02
8 78.26 145.70 213.12 294.70 393.41
Fiscal Year 2017
Effective Date 10/1/2016
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $30.60 $55.90 $82.59 $111.82 $148.84
3 39.59 72.32 105.06 144.47 192.59
4 47.56 87.74 127.92 176.52 235.35
6 64.30 119.37 174.43 241.04 321.65
8 81.19 151.16 221.11 305.75 408.16
Fiscal Year 2018
Effective Date 10/1/2017
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $31.75 $58.00 $85.69 $116.01 $154.42
3 41.07 75.03 109.00 149.89 199.81
4 49.34 91.03 132.72 183.14 244.18
6 66.71 123.85 180.97 250.08 333.71
8 84.23 156.83 229.40 317.22 423.47
[A04-02088 /174231/1]3 Ordinance 8755-15
Fiscal Year 2019
Effective Date 10/1/2018
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $32.94 $60.18 $88.90 $120.36 $160.21
3 42.61 77.84 113.09 155.51 207.30
4 51.19 94.44 137.70 190.01 253.34
6 69.21 128.49 187.76 259.46 346.22
8 87.39 162.71 238.00 329.12 439.35
ii. Mixed recycling (single stream)
Fiscal Year 2016
Effective Date 10/1/2015
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $41.28 $75.43 $111.44 $150.88 $200.84
3 53.42 97.60 141.76 194.96 259.88
4 64.17 118.39 172.61 238.19 317.57
6 86.77 161.07 235.38 325.26 434.02
8 109.56 203.97 298.36 412.58 550.77
Fiscal Year 2017
Effective Date 10/1/2016
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $42.83 $78.26 $115.62 $156.54 $208.37
3 55.42 101.26 147.08 202.27 269.63
4 66.58 122.83 179.08 247.12 329.48
6 90.02 167.11 244.21 337.46 450.30
8 113.67 211.62 309.55 428.05 571.42
[A04-02088 /174231/1]4 Ordinance 8755-15
Fiscal Year 2018
Effective Date 10/1/2017
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $44.44 $81.19 $119.96 $162.41 $216.18
3 57.50 105.06 152.60 209.86 279.74
4 69.08 127.44 185.80 256.39 341.84
6 93.40 173.38 253.37 350.11 467.19
8 117.93 219.56 321.16 444.10 592.85
Fiscal Year 2019
Effective Date 10/1/2018
Size Times per Week Pickup
(cubic yard)1 2 3 4 5
2 $46.11 $84.23 $124.46 $168.50 $224.29
3 59.66 109.00 158.32 217.73 290.23
4 71.67 132.22 192.77 266.00 354.66
6 96.90 179.88 262.87 363.24 484.71
8 122.35 227.79 333.20 460.75 615.08
b. Service with semi-automated cartsMixed recycling (single stream):
i. Cluster of 1, 2, 3 or 4 carts with once-weekly collection:
Fiscal Year Beginning
10/1/2014 10/1/2015 10/1/2016 10/1/2017 10/1/2018
$32.28 $33.49 $34.75 $36.05 $37.40
ii. Each additional cluster:
Fiscal Year Beginning
10/1/2014 10/1/2015 10/1/2016 10/1/2017 10/1/2018
$32.28 $33.49 $34.75 $36.05 $37.40
*********
Section 2. Upon adoption, this ordinance shall take effect on October 1, 2015.
[A04-02088 /174231/1]5 Ordinance 8755-15
PASSED ON FIRST READING
AS AMENDED _____________________
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
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8769-15 2nd rdg
Agenda Date: 10/14/2015 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8769-15 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, Gas
Fund, Solid Waste and Recycling Fund, Parking Fund, and Administrative Services Fund.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Ordinance No. 8769-15 38
ORDINANCE NO. 8769-15
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, GAS
FUND, SOLID WASTE AND RECYCLING FUND, PARKING
FUND, AND ADMINISTRATIVE SERVICES 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 Third Quarter Review it was found that an increase of $7,715,859
is necessary for revenues and an increase of $3,166,908 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
2014-15 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Budgeted Amended Amended Amended
Revenues Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendment
General Fund:
Ad Valorem Taxes 38,779,620 38,779,620 38,779,620 38,944,350 164,730
Utility Taxes 14,182,400 14,182,400 14,182,400 14,182,400
Local Option, Fuel & Other Taxes 7,604,780 7,604,780 7,604,780 7,054,780 (550,000)
Franchise Fees 10,090,000 10,090,000 10,090,000 10,090,000
Other Permits & Fees 2,220,500 2,220,500 2,220,500 2,880,500 660,000
Intergovernmental Revenues 19,578,310 19,587,304 19,590,820 21,935,589 2,344,769
Charges for Services 14,227,040 14,227,040 14,259,540 14,372,540 113,000
Judgments, Fines & Forfeitures 1,034,000 1,034,000 1,034,000 984,000 (50,000)
Miscellaneous Revenues 1,647,500 1,647,500 1,647,500 8,397,852 6,750,352
Transfers In 8,008,410 10,178,977 10,178,977 10,178,977
Other Financing Sources - - - -
Transfer (to) from Reserves (364,010) 1,330,605 2,005,605 (4,430,257) (6,435,862)
Total, General Fund 117,008,550 120,882,726 121,593,742 124,590,731 2,996,989
Special Revenue Funds:
Special Development Fund 13,054,330 15,334,960 15,870,878 17,537,798 1,666,920
Special Program Fund 1,314,250 3,853,539 4,967,247 6,019,197 1,051,950
Local Housing Asst Trust Fund 499,550 499,550 499,550 499,550
Utility & Other Enterprise Funds:
Water & Sewer Fund 71,989,410 72,293,720 72,293,720 72,293,720
Stormwater Utility Fund 17,224,640 17,850,323 17,850,323 17,850,323
Solid Waste & Recycling Fund 22,195,930 25,210,595 25,400,595 25,701,095 300,500
Gas Fund 40,803,420 47,387,313 46,885,413 47,469,913 584,500
Airpark Fund 268,560 270,390 270,390 270,390
Marine Fund 4,704,840 4,731,395 4,731,395 4,731,395
Clearwater Harbor Marina 652,500 656,460 656,460 656,460
Parking Fund 4,319,810 4,355,000 4,457,378 5,557,378 1,100,000
Harborview Center Fund - - - -
Internal Service Funds:
Administrative Services Fund 10,107,220 10,459,460 10,459,460 10,474,460 15,000
General Services Fund 4,453,090 4,509,200 4,509,200 4,509,200
Garage Fund 14,874,540 14,932,965 14,932,965 14,932,965
Central Insurance Fund 22,856,430 22,971,437 22,971,437 22,971,437
Total, All Funds 346,327,070 366,199,033 368,350,153 376,066,012 7,715,859
39 Ordinance #8769-15
EXHIBIT A (Continued)
2014-15 BUDGET EXPENDITURES
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendment
General Fund:
City Council 278,880 280,040 280,040 280,040
City Manager's Office 1,091,940 1,110,477 1,110,477 1,128,437 17,960
City Attorney's Office 1,629,360 1,653,821 1,653,821 1,653,821
City Auditor's Office 196,560 200,060 200,060 200,060
Economic Development & Housing Svc 1,583,830 1,649,545 1,649,545 1,649,545
Engineering 7,569,460 7,665,735 7,665,735 7,665,735
Finance 2,073,730 2,183,290 2,183,290 2,183,290
Fire 23,944,250 23,989,395 23,989,395 25,140,225 1,150,830
Human Resources 1,056,010 1,068,780 1,068,780 1,068,780
Library 6,070,250 6,156,870 6,156,870 6,180,640 23,770
Marine & Aviation 870,720 880,470 912,970 912,970
Non-Departmental 3,941,910 6,705,994 7,380,994 8,259,244 878,250
Office of Management & Budget 313,570 313,570 313,570 313,570
Official Records & Legislative Svcs 1,002,630 1,015,675 1,015,675 1,025,675 10,000
Parks & Recreation 22,360,110 22,660,240 22,660,240 22,660,240
Planning & Development 4,887,680 5,035,445 5,035,445 5,035,445
Police 36,849,710 37,012,289 37,015,805 37,931,984 916,179
Public Communications 1,012,470 1,025,550 1,025,550 1,025,550
Public Utilities 275,480 275,480 275,480 275,480
Total, General Fund 117,008,550 120,882,726 121,593,742 124,590,731 2,996,989
Special Revenue Funds:
Special Development Fund 14,719,960 15,225,260 15,757,650 14,985,394 (772,256)
Special Program Fund 1,264,250 3,803,539 4,917,247 5,969,197 1,051,950
Local Housing Asst Trust Fund 499,550 499,550 499,550 499,550
Utility & Other Enterprise Funds:
Water & Sewer Fund 70,406,600 70,710,910 70,710,910 70,710,910
Stormwater Utility Fund 17,207,410 17,595,223 17,595,223 17,595,223
Solid Waste & Recycling Fund 22,721,790 25,136,485 25,136,485 25,116,685 (19,800)
Gas Fund 37,515,660 40,207,978 39,296,483 39,191,508 (104,975)
Airpark Fund 207,810 209,640 209,640 209,640
Marine Fund 4,526,360 4,552,915 4,562,915 4,562,915
Clearwater Harbor Marina 554,280 558,240 558,240 558,240
Parking Fund 4,246,040 4,281,230 4,281,230 4,281,230
Harborview Center Fund - - - -
Internal Service Funds:-
Administrative Services Fund 10,254,800 10,372,040 10,372,040 10,387,040 15,000
General Services Fund 4,386,430 4,442,540 4,442,540 4,442,540
Garage Fund 14,848,020 14,906,445 14,906,445 14,906,445
Central Insurance Fund 22,838,200 22,953,207 22,953,207 22,953,207
Total, All Funds 343,205,710 356,337,928 357,793,547 360,960,455 3,166,908
40 Ordinance #8769-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8770-15 2nd rdg
Agenda Date: 10/14/2015 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8770-15 on second reading, amending the Capital Improvement Budget for
the Fiscal Year ending September 30, 2015 to reflect a net increase of $1,496,000.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
41
Ordinance No. 8770-15
ORDINANCE NO. 8770-15
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 $1,496,000
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 Third Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2014 and ending September 30, 2015, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
______________________________ ____________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendments
Police Protection 1,775,000 1,775,000 1,775,000 1,775,000
Fire Protection 5,007,240 4,975,211 5,011,083 5,011,083
New Street Construction 0 0 0 0
Major Street Maintenance 3,369,570 3,369,570 3,369,570 2,666,632 (702,938)
Sidewalk and Bike Trail 472,000 472,000 472,000 472,000
Intersections 335,000 335,000 335,000 335,000
Parking 287,500 287,500 287,500 287,500
Miscellaneous Engineering 35,000 35,000 685,000 735,000 50,000
Land Acquisition 0 235,000 522,000 843,500 321,500
Park Development 1,860,000 3,330,514 3,326,986 4,449,986 1,123,000
Marine Facilities 548,000 548,000 548,000 232,182 (315,818)
Airpark Facilities 15,000 140,000 140,000 140,000
Libraries 635,000 635,000 1,008,918 1,008,918
Garage 7,697,000 7,697,000 8,773,108 8,773,108
Maintenance of Buildings 645,000 645,000 645,000 645,000
Miscellaneous 1,070,000 1,070,000 1,070,000 1,070,000
Stormwater Utility 5,804,850 9,254,335 9,254,335 10,254,335 1,000,000
Gas System 4,000,000 4,810,000 5,003,181 5,023,437 20,256
Solid Waste 520,000 1,504,275 1,504,275 1,504,275
Utilities Miscellaneous 110,000 110,000 110,000 260,000 150,000
Sewer System 7,617,380 8,137,454 8,138,938 8,138,938
Water System 6,590,000 6,590,000 6,589,975 6,439,975 (150,000)
TOTAL PROJECT EXPENDITURES 48,393,540 55,955,859 58,569,869 60,065,869 1,496,000
GENERAL SOURCES:
General Operating Revenue 2,345,100 3,999,285 4,674,260 5,797,260 1,123,000
General Revenue/County Co-op 635,000 635,000 635,000 635,000
Road Millage 1,920,480 1,920,480 1,920,480 1,920,480
Penny for Pinellas 6,972,740 7,247,740 7,529,002 6,435,246 (1,093,756)
Transportation Impact Fee 190,000 190,000 190,000 190,000
Recreation Land Impact Fees 0 230,300 517,300 838,800 321,500
Local Option Gas Tax 1,424,090 1,424,090 1,424,090 1,424,090
Special Program Fund 35,000 35,000 35,000 35,000
Grants - Other Agencies 0 0 0 0
Other Governmental 0 554,397 555,881 555,881
Property Owner's Share 0 0 193,181 213,437 20,256
Donations 100,000 125,000 225,000 350,000 125,000
Contributions 0 324,000 324,000 324,000
Developer Public Art Contribution 0 0 0 0
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
42
Ordinance # 8770-15
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
SELF SUPPORTING FUNDS:
Marine Revenue 120,000 120,000 120,000 120,000
Clearwater Harbor Marina Revenue 15,000 15,000 15,000 15,000
Airpark Revenue 15,000 15,000 15,000 15,000
Parking Revenue 357,500 357,500 357,500 357,500
Utility System:
Water Revenue 4,764,700 4,764,700 4,764,700 4,764,700
Sewer Revenue 5,900,460 5,900,460 5,900,460 5,900,460
Water Impact Fees 10,300 10,300 10,300 10,300
Sewer Impact Fees 12,460 12,460 12,460 12,460
Utility R&R 3,397,460 3,397,460 3,397,460 3,397,460
Stormwater Utility Revenue 5,804,850 5,804,850 5,804,850 5,804,850
Gas Revenue 4,000,000 4,000,000 4,000,000 4,000,000
Solid Waste Revenue 520,000 1,520,000 1,520,000 1,520,000
Recycling Revenue 90,000 1,090,000 1,090,000 1,090,000
Grants - Other Agencies 0 3,512,457 3,512,457 4,512,457 1,000,000
INTERNAL SERVICE FUNDS:
Garage Revenue 232,000 232,000 232,000 232,000
Administrative Services Revenue 710,000 710,000 710,000 710,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 1,014,400 1,014,400 1,014,400 1,014,400
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 155,000 155,000 155,000 155,000
Lease Purchase - Sewer 77,000 79,705 79,705 79,705
Lease Purchase - Stormwater 0 0 0 0
Bond Issue - Water & Sewer 0 0 0 0
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 7,265,000 7,265,000 8,341,108 8,341,108
Lease Purchase - Administrative Services 400,000 400,000 400,000 400,000
TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 59,675,594 61,171,594 1,496,000
43
Ordinance # 8770-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1801
Agenda Date: 10/14/2015 Status: City Manager ReportVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
2015 Charter Review Committee Final Report - Brain Aungst, Jr., Committee Chair
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
CHARTER REVIEW COMMITTEE 2015
Recommended Charter Changes
Priorities
High
Section 2.01(d)(5)(vii):
Revise the 30 year lease restriction to enable to City to enter into 65 year leases.
Strike the last sentence relating to leases of real property in an industrial park.
Section 2.01(d)(6):
Allow a city owned amphitheater/bandshell and associated facilities including
temporary seating.
Allow floating restroom facilities
Allow parking spaces to be designated for use by slip tenants.
Allow booths for ticket sales and directional signage.
Allow fencing and gates for security.
Allow concessions for rental of non-motorized recreational equipment including
but not limited to kayaks, paddleboats, and paddleboards.
Remove ticket booths from list of items not permitted.
Remove language in the last sentence of the first paragraph to permit the City
owned tennis courts to be relocated anywhere on the Bluff.
Section 2.01(d)(7)
Allow portions of Main Library to be leased and used for café or restaurants,
special events, art galleries and other municipal or commercial uses.
Section 2.04:
Increase the mayor’s minimum salary to $35,000 plus CPI and councilmember’s
minimum salary to $30,000 plus CPI.
Section 3.03:
Allow Council to confirm the hiring of the Fire and Police Chiefs and the Assistant
City Managers.
Section 7.02:
Increase timeframe requirement for charter review from every 5 years to every 6
years.
Medium
Section 2.01(d)(5)(ii):
Eliminate the need for competitive bids when the City owns the underlying fee
interest on surplus right-of-way property and the buyer owns all of the
surrounding property. The purchase price for the right-of-way property would
need to exceed the appraised value of the property.
Section 2.01(d)(5)(vi):
Allow Council to vacate utility easements that terminate at a waterbody. This
would in no way effect public access easements to the waterfront.
Low
Section 2.01(d)(4):
Repeal section which exempts Dunedin Pass, Stevenson’s Creek, maintenance
and emergency dredging from referendum.
Other Recommendations:
Section 2.05 & Sections 3.01 – 3.03:
Appoint a task force to engage the community and advise Council whether or not
to pursue strong mayor for the 2018 election.
f i
CLEARWATER
partnership
CLEARWATER DOWNTOWN PARTNERSHIP, INC.
a 501(c)(3) nonprofit corporation
October 15, 2015
Mayor George Cretekos and Councilmembers
Office of the City Council
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758 -4748
Dear Mayor Cretekos and Councilmembers,
I am writing to you in connection with the recommendations that the Charter Review
Committee has set forth in their report entitled "Charter Review Committee -
Recommended Charter Changes"
The Clearwater Downtown Partnership is a non - profit organization made up of
community stakeholders interested in the revitalization efforts of downtown Clearwater
and the Cleveland Street District. We are bounded by an area of geography that mirrors
that of the City of Clearwater Community Reinvestment Agency (CRA). As such we are
very interested in the findings and recommendations of the Charter Review Committee
that fall within that boundary area.
The Clearwater Downtown Partnership is in support of the following recommendations in
the report:
Section 2.01(d)(5)(vii):
Revise the 30 year lease restriction to 65 years.
Strike the last sentence relating to leases of real property in an industrial.
Section 2.01(d)(6):
Allow a city owned amphitheater /bandshell and associated facilities including
temporary seating be constructed.
Allow floating restroom facilities
Allow parking spaces to be designated for use by slip tenants.
Allow booths for ticket sales and directional signage.
Q?
The Clearwater Downtown Partnership, Inc.
P.O. Box 396, Clearwater, Florida 33757 I www.clwdp.org info @clwdp.org
Min wall
CLEARWATER
partnership
I vid: Alltsri
Charles Alio
CLEARWATER DOWNTOWN PARTNERSHIP, INC.
a 501(c)(3) nonprofit corporation
Section 2.01(d)(6) Continued:
Allow fencing and gates for security.
Allow concessions for rental of non - motorized recreational equipment including but
not limited to kayaks, paddleboats, and paddleboards.
Remove ticket booths from list of items not permitted.
Remove language in the last sentence of the first paragraph: on such property south
of Cleveland Street.
Section 2.01(d)(7):
Allow portions of Main Library to be leased and used for cafe or restaurants, special
events, art galleries and other municipal or commercial uses.
As stated above, The Clearwater Downtown Partnership supports these
recommendations and encourages you and the Council to support them as well.
Best Regards,
Grant ood
Interim Chair
Clearwater Downtown Partnership, Inc.
The Clearwater Downtown Partnership, Inc.
P.O. Box 396, Clearwater, Florida 33757 i www.clwdp.org info @clwdp.org
PART I - CHARTER AND RELATED LAWS
Subpart A - CHARTERU
Footnotes:
1) - --
Editor's note— Printed herein is the home rule charter of the city, Ordinance No. 7235 -04, as approved
by the electors on March 9, 2004. Formerly, said Charter derived from Ordinance No, 1830, as approved
by the electors on December 12, 1978.
State Law reference— Municipal home rule powers act, F.S. ch. 166; charter amendments, F.S. §
166.031.
ARTICLE I. - CORPORATE EXISTENCE, POWERS, AND BOUNDARIES
Section 1.01. - Corporate existence and powers.
a) General Powers. The City of Clearwater, Florida, (the "city "), created by Chapter 9710, Special Laws
of Florida, 1923, as amended, exists as a municipal corporation with all governmental, corporate and
proprietary powers to enable it to conduct municipal government, perform municipal functions and
render municipal services. The city may exercise any power for municipal purposes except when
expressly prohibited by law. In addition to the powers enumerated herein, the city shall be vested
with all powers granted by general or special acts of the Legislature of the State of Florida or as
otherwise provided by law.
b) Exercise of Powers. The city may exercise its powers and perform and finance any of its functions,
by contract or otherwise, jointly or with any one or more states or political subdivisions or agencies
thereof, or the United States or any agency thereof, or with any person as defined by law.
c) Construction. The powers of the city under this charter shall be construed liberally in favor of the city.
The city is empowered to do whatever is necessary and proper for the safety, health, convenience
and general welfare of its inhabitants. The specific mention of a particular power in this charter shall
not be construed as limiting the general power stated in this Section of Article I.
6372 -99, § 1, 1 -21- 99/3 -9 -99)
Section 1.02. - Corporate boundaries.
The corporate boundaries of the city shall be as they exist on the date this charter takes effect,
provided that the city may change its boundaries in the manner prescribed by law.
ARTICLE II. - LEGISLATIVE POWER
Section 2.01. - Council; composition; powers.
Page 1
a) Composition. There shall be a city council, (the "council "), composed of five council members,
including the mayor. The members will occupy seats numbered one through five, inclusive. All
members shall be elected at large by the voters of the city.
b) Powers. All legislative power of the city shall be vested in the council, except as otherwise provided
by law or the provisions of this charter, and the council shall provide for the exercise thereof and for
the performance of all duties and obligations imposed upon the city by law.
c) Duties. It shall be the duty of the council to discharge the obligations and responsibilities imposed
upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty,
the council shall:
1. Each October at a public meeting, present a report on the evaluation of the performance of the
city manager and city attorney.
2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal management
ordinance shall include provisions relating to the operating budget, capital budget and capital
program, and provide for hearings on the budget, capital budget and capital program and the
amendment of the budget following adoption.
3. Provide for an annual or more frequent independent audit of all city accounts by a firm of
certified public accountants, and provide for publication of a notice of availability of each audit.
No firm shall be employed for more than five consecutive years. All audits shall be in
accordance with law.
4. Regulate comprehensive planning, zoning and land development as provided by law.
d) Limitations. The legislative power provided herein shall have the following limitations:
1) The total indebtedness, which for the purpose of this limitation shall include revenue, refunding,
and improvement bonds of the city, shall not exceed 20 percent of the current assessed
valuation of all real property located in the city. The total budgeted expenditures in any fiscal
year shall not exceed the total estimated revenue plus any unencumbered funds carried forward
from a prior fiscal year.
2) The city council shall by ordinance adopt procedures for the purchase or rental of goods and
services.
3) Any non - budgeted expenditure in excess of $5 million must be approved by the council at two
separate meetings held at least two weeks apart and advertised notice of a public hearing must
be given at least five days prior to the second meeting.
4) With the exception of maintenance or emergency dredging, or dredging relating to those
portions of Dunedin Pass and Stevenson's Creek located within the boundaries of the city,
permits for dredging or filling in excess of 10,000 cubic yards below the mean high water line
may be authorized only after a properly advertised public hearing before the council and
approval at referendum.
5) Real property.
I) Prior to the sale, donation, lease for a term longer than five years, or other transfer of any
municipal real property, the real property must be declared surplus and no longer needed
for municipal public use by the council at an advertised public hearing. Except in the case
of right -of -way dedications, the granting of easements, transactions with governmental
entities as described herein, or conveyance for Workforce or Affordable Housing no real
property may be given away or donated without prior approval at referendum. Following a
public hearing, the City Council may approve the donation or sale for less than fair market
value of city -owned property of not more than one -half acre in size for workforce or
affordable housing. Workforce or Affordable Housing means housing affordable to persons
or families whose total annual income does not exceed 120 percent of the Area Median
Income (AMI), adjusted for household size, as published by the U.S. Department of
Housing and Urban Development (HUD) for Pinellas County or metropolitan area.
Page 2
ii) Except as otherwise provided herein, real property declared surplus shall be sold to the
party submitting the highest competitive bid above the appraised value whose bid meets
the terms set by the council and whose proposed use of the property is in accordance with
the council's stated purpose for declaring the property surplus, if any.
iii) Surplus real property may be transferred to another governmental entity for less than the
appraised value after an advertised public hearing has been held and a finding by the
council of a valid public purpose for the transfer.
iv) Surplus real property may be exchanged for other real property having a comparable
appraised value.
v) No municipally owned real property which was identified as recreation /open space on the
city's comprehensive land use plan map on November 16, 1989, or at any time thereafter,
may be sold, donated, leased for a new use, or otherwise transferred without prior approval
at referendum, except when the council determines it appropriate to dedicate right -of -way
from, or easement over, such property. Such recreation /open space property may be
leased for an existing use, without referendum, unless such lease is otherwise prohibited
by charter or ordinance.
vi) No right -of -way or easement which terminates at, or provides access to, the water's edge
of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this
section shall prevent an easement for utility purposes from being exchanged for a new
easement for similar purposes or from converting a fee interest for utility purposes into an
easement for such purposes.
vii) The council may lease municipal real property for five years or less without declaring it
surplus. Municipal real property declared surplus may be leased for a term up to 30 years,
provided, however, nothing herein shall preclude renewal of any lease for a maximum of
30 years. Municipal property declared surplus may be leased for an initial period of time or
a renewal period exceeding 30 years, if approved at referendum, but not to exceed 60
years total. Leases of real property in an industrial park shall provide for continual use for
private /public business purposes, shall provide a reasonable rate of return on the city's
investment, and shall include a rent escalation clause.
viii) All leases of municipal real property shall contain recapture and reverter clauses.
ix) When purchasing real property for Tess than $500,000.00, the council shall obtain an
appraisal performed by city staff or independent certified appraiser. If the purchase price of
such property equals or exceeds $500,000.00 but is less than $1,000,000.00, the council
shall obtain at least one appraisal by an independent certified appraiser. If the purchase
price of such property equals or exceeds $1,000,000.00, the council shall obtain at least
two appraisals by independent certified appraisers.
6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater
Harbor between Drew and Chestnut Streets, being further described in Appendix A.
and no municipal or other public real property constituting the Memorial Causeway or lands
immediately contiguous thereto, more particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1,200- foot -wide right -of -way, lying between the
east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged
portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500
and 17,502, shall be developed or maintained other than as open space and public utilities
together with associated appurtenances, except upon a finding by the council at a duly
advertised public hearing that such development is necessary in the interest of the public
health, safety and welfare of the citizens of the city and approval of such finding at referendum,
conducted subsequent to the public hearing. City -owned tennis courts and associated
appurtenances may be constructed and maintained on such property south of Cleveland Street.
Page 3
7)
Notwithstanding any provision of this section to the contrary, city owned public docks,
promenade, side tie moorings and not more than 140 dedicated boat slips for recreational non-
commercial vessels, together with public restrooms and dock master offices which shall not
exceed 1,200 square feet and associated surface parking, may be constructed, operated and
maintained in and on that portion of Clearwater Harbor and abutting uplands generally located
south of Drew Street, north of Smith's Finger, east of the Intracoastal Waterway Channel and
west of the Bluff as more particularly described in Appendix B. Potable water, shore power and
sewage pump out may be provided to the slips, docks and moorings. The dockmaster's office
may include coin - operated washers and dryers and sale of ice. The parking for the facility shall
be existing surface parking which shall be brought up to code and shall not result in any net loss
of green space. City may permit ferries, water taxis, excursion boats and similar uses to access
the docks for drop off and pick up of passengers only. The promenade shall be constructed on a
portion of the footprint of the prior bridge. City council shall adopt by resolution regulations that
provide city residents first priority for the dedicated boat slips and which insure public access to
the docks, boardwalks and promenade. No boat launching ramps, fueling facilities, ticket booths
or parking garage shall be permitted.
No city owned real property in the area bounded on the north by Drew Street, on the east by
Osceola Avenue, on the south by Pierce Street, and on the west by the waters of Clearwater
Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city
facilities except upon a finding by the council at a duly advertised public hearing that such
transfer or use is necessary and in the interest of the public health, safety and welfare of the
citizens of the city and the approval of such finding at referendum; except for that structure
known as Harborview Center, as described in Appendix B.
Which structure may be leased for and used in furtherance of any municipal purpose consistent
with the charter and ordinances of the city.
Additionally, the council at a duly advertised public hearing, may grant easements for
underground utilities.
8) Notwithstanding and as an exception to anything contained in section 2.01(d)(5), (6) and (7)
herein, and the City Council is authorized to:
a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial
term of not to exceed 60 years for redevelopment of certain municipally owned real
property in the Downtown generally described as generally lying west of Osceola Ave.,
east of the unimproved Pierce Boulevard right -of -way, south of Cleveland St. and north of
Pierce St., as more specifically described in Appendix C, for compensation to be
determined by City Council which may be less than fair market value, for the purpose of
construction, operation and maintenance of an aquarium as specifically described herein.
b) Negotiate and enter into a lease allowing the construction, operation and maintenance of
an Aquarium which shall not exceed 250,000 square feet and may include the following
components: Exhibit space including exhibit space for traveling exhibits: Animal hospital
including Surgical Suite and medical laboratory; Water Quality laboratory: Classrooms and
Community rooms: Food and catering facilities: Theaters; Laundry facilities: Retail /Gift
shop: Administrative offices; Video /film production facilities; Mechanical space i.e. chiller,
boiler, power generation; Chemical storage rooms, dry and liquid: Life Support equipment
rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage: Saltwater
pumping station: Driveways, Delivery and loading and unloading zone. Pick -up /drop -off
zone: and drainage facilities: and such other functions as a typically associated with an
aquarium of similar size.
c) Grant necessary easements for driveways, utilities and salt water intake and discharge as
permitted by the appropriate agencies.
d) Authorize relocation of the tennis courts to a location to be determined by the City Council.
Page 4
e) If at any time prior to commencement of construction of the Aquarium, CMA abandons the
project or fails to meet material obligations under the lease, or if the City Council does not
approve a lease pursuant hereto on or before June 15th, 2015 the exemptions contained in
this § 2.01(d)(8) shall expire and have no further force and effect.
Ord. No. 6373 -99, §§ 1, 2, 1 -21- 99/3 -9 -99; Ord. No. 7237 -03, § 1, 12 -18- 03/3 -9 -04; Ord. No.
7777 -07, § 1, 1 -18- 07/3- 13 -07; Ord. No. 7901 -07, §§ 1, 2, 11 -15- 07/1- 29 -08; Ord. No. 8298 -11,
1, 12 -1- 11/1- 31 -12; Ord. No. 8418 -13, § 2, 6 -19- 13/11 -5 -13)
Section 2.02. - Qualifications.
Members of the council shall be qualified voters of the city and shall have continuously resided in the
city for at least one year prior to submitting a petition for election. The council shall be the judge of the
election and the other qualifications of its members and of the grounds for forfeiture of their office.
Section 2.03. - Election and terms.
Commencing with the terms beginning in 2008, all council members, including the mayor, shall be
elected for terms of four years. Terms shall overlap, with two council members and the mayor elected one
year, and the additional two council members elected two years later.
No person who has, or but for resignation or forfeiture of office would have, served as a council
member for two consecutive full terms shall serve as a council member other than mayor for the
succeeding four -year term. No person who has, but for resignation or forfeiture of office would have,
served as mayor for two consecutive full terms, shall serve as mayor or council member for the
succeeding four -year term. Term limits shall be effective for each respective seat on the date of the next
election for that seat after 1994.
Newly elected council members shall take office the next business day following certification of city
election returns.
Ord. No. 63- 74 -99, § 1, 1 -21- 99/3 -9 -99; Ord. No. 7902 -07, § 1, 11 -15- 07/1- 29 -08)
Section 2.04. - Compensation and expenses.
The council may determine the annual salary of council members and the mayor by ordinance. No
ordinance increasing such salary shall become effective until the date of commencement of the terms of
council members elected at the next regular election, occurring at least six months following the adoption
of such ordinance. Council members shall be reimbursed their actual and necessary expenses incurred in
the performance of their duties of office.
Section 2.05. - Mayor, functions, and powers.
The mayor shall preside at all meetings of the council, perform such other duties consistent with the
office as may be imposed by the council and this charter, and shall have a voice and a vote in the
proceedings of the council, but no veto power. The mayor may execute legal instruments on behalf of the
city or otherwise as required by law. This authorization does not confer upon the mayor administrative
duties except as required to carry out the responsibilities stated in this charter. The mayor shall be
recognized as the official head of the city by the courts for the service of process, by the governor for
purposes of military law, and for all ceremonial purposes.
At the first council meeting each April, the council shall elect one of its members as vice - mayor. The
vice -mayor shall act as mayor during the temporary absence or inability of the mayor to perform the
duties of the office of the mayor.
Section 2.06. - Prohibitions.
Page 5
a) Appointments and removals. Neither the council nor any of its members shall in any manner dictate
the appointment or removal of any city administrative officer or employee whom the city manager, or
any of the city manager's subordinates, is empowered to appoint.
b) Dealing through city manager. Except during an investigation, the council members shall deal with
city officers and employees who are subject to the direction and supervision of the city manager
solely through the city manager. Neither the council nor its members shall give orders to any such
officer or employee, either publicly or privately. Recommendations for improvement in city operations
by individual council members shall be made to and through the city manager.
Nothing in the foregoing paragraph prohibits individual members of the council from asking questions
and observing city operations so as to obtain independent information to assist them in the formulation of
policy.
c) Holding other office. No present or former council member shall hold any compensated appointive
city office or employment until one year after the expiration of the term for which such council
member was elected.
Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards.
a) Vacancies. The office of a council member shall become vacant upon the death, resignation,
removal from office in any lawful manner, or forfeiture of the office, such forfeiture to be declared by
the remaining members of the council.
b) Forfeiture of office. A council member shall forfeit such office if such member:
1. Lacks at any time during the term of such office any qualification for the office prescribed by
law, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend six consecutive regular meetings of the council, unless such absence is excused
by the council, or
4. Fails to attend twenty -five percent of the regular meetings during a 12 -month period whether
excused or not.
c) Filling of vacancies; vacancy in council member's seat.
1. A vacancy on the council should be filled by majority vote of the remaining council members
within 30 days after the vacancy. The person so appointed shall serve as a council member
until the next regular or special election. At such election, a council member shall be elected to
serve for the remainder of the unexpired term of office.
2. If the council member fails to fill such vacancy within 60 days after it occurs, a special election
shall be called to fill the unexpired term.
3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a
council member by law.
d) Extraordinary vacancies. In the event that all council members resign or are removed by death,
disability, or forfeiture of office, the governor shall appoint an interim council that shall call a special
election to be held within 90 days after the occurrence of the vacancies. Such election shall be held
in the same manner as the first election under this charter. In the event vacancies cannot be filled as
provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a
quorum, then in such case the governor shall appoint that number of council members necessary to
constitute a quorum who shall hold office until the next regular or special election.
e) Boards. The council is empowered to appoint such advisory boards as it deems appropriate and
regulatory board(s) as may be established by law.
Ord. No. 6375 -99, § 1, 1 -21- 99/3 -9 -99
Page 6
Section 2.08. - Procedure.
a) Meetings. The council shall meet regularly at least once each month at such times and places as the
council may prescribe by rule. Special meetings may be held on call of the mayor, the city manager,
or any two council members and, when practical, upon no less than 24 hours' notice to each member
and the public. All meetings shall be public, except as otherwise provided by law. The city manager
and any council member shall have the power to cause any item to be placed on the next agenda.
b) Rules and minutes. The council shall determine its own rules and order of business. The city clerk
shall keep minutes of the council proceedings.
c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded in the
minutes. A majority of the council shall constitute a quorum; but a smaller number may adjourn from
time to time and may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the council.
Except as provided in section 2.07(c), section 3.02 and in the preceding sentence, no action shall be
valid or binding unless adopted by the affirmative vote of the majority of all council members.
Section 2.09. - Ordinances and resolutions in general.
a) Definitions.
1. "Ordinance" means an official, legislative action of the council, which action is a regulation of a
general and permanent nature and enforceable as a local law.
2. "Resolution" means an expression of the council concerning matters of administration, an
expression of a temporary character, or a provision for the disposition of a particular item of the
business of the council.
b) Form. Each ordinance or resolution shall be introduced in writing and shall embrace but one subject
and matters properly connected therewith. The subject shall be clearly stated in the title. No
ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend
shall set out in full the revised or amended action, section, subsection, or paragraph of a section or
subsection.
c) Procedure. A proposed ordinance shall be read by title, or in full, on at least two separate days, at
either regular or special meetings of the council, and shall, at least ten days prior to adoption, be
noticed once in a newspaper of general circulation in the city. The notice of proposed enactment
shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the
place or places within the city where such proposed ordinances may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and be heard with respect
to the proposed ordinance.
d) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become
effective ten days after adoption or as otherwise specified therein.
e) Emergency ordinances. An ordinance may be passed as an emergency measure on the day of its
introduction if it contains a declaration describing in clear and specific terms the facts and reasons
constituting the emergency and receives the vote of at least four council members. An emergency
ordinance shall remain effective as an ordinance for a period of 90 days and shall automatically
expire at the end of such 90 -day period unless during the time of such period the ordinance is
submitted for adoption in the manner provided for non - emergency ordinances. Such ordinances may
not levy taxes; grant, renew or extend a franchise; change election qualifications; set service or user
charges for any municipal services; authorize the borrowing of money; enact or amend a land use
plan; or rezone private real property. Emergency ordinances shall become effective upon passing or
at such other date as shall be specified in the ordinance.
Section 2.10. - Authentication, recording and disposition of charter amendments, ordinances, and
resolutions.
Page 7
a) Authentication. The mayor and the city clerk shall authenticate by their signatures all ordinances and
resolutions adopted by the council. In addition, when charter amendments have been approved at
referendum.
b) Recording. The city clerk shall keep properly indexed records in which shall be recorded, in full, all
ordinances and resolutions passed by the council. Ordinances shall periodically be codified. The city
clerk shall also maintain the city charter in current form. A copy of the charter and any amendments
thereto shall be sent to the secretary of state.
c) Availability of Public Records. The council shall, by ordinance, establish procedures for making all
resolutions, ordinances, technical codes adopted by reference, and this charter available to the
people of the city for public inspection and available for purchase at a reasonable price to cover the
cost of reproduction.
ARTICLE III. - ADMINISTRATION
Section 3.01. - City manager.
The city manager shall serve as the chief administrative officer and chief executive officer of the city.
The city manager shall be appointed on the basis of administrative qualifications, experience, and
training. The city manager need not be a resident of the city or state at the time of appointment, but shall
establish and maintain residency within the city within one year after the appointment. The city manager
shall be responsible to the council for all city administrative affairs.
Section 3.02. - Appointment; removal; compensation.
a) Appointment. The council shall appoint a city manager by an affirmative vote of four council
members. The city manager shall hold office at the pleasure of the council.
b) Removal. The council may remove the city manager by an affirmative vote of four council members
or a majority of the council members at two separate meetings held at least two weeks apart. Upon
request by the city manager, a public hearing will be held prior to a vote to remove the city manager.
c) Compensation. The compensation of the city manager shall be fixed by a majority of all the council
members.
d) Acting city manager. By letter filed with the council, the city manager shall designate one or more
assistant city managers to exercise the powers and perform the duties of city manager during the city
manager's temporary absence or disability. This designation shall be limited to a period of 60 days.
At the expiration of this period, the council shall appoint an interim or new city manager in
accordance with the provisions of this charter.
Section 3.03. - Powers and duties of the city manager.
The city manager shall:
a) Appoint, promote, and suspend, demote, or remove any city employees or appointive
administrative officers under the city manager's jurisdiction, except as may be otherwise
provided by law. Such appointment, promotion, suspension, demotion, or removal shall be in
compliance with the civil service law and other applicable rules and regulations.
b) Establish or discontinue any city department, division or board in the administrative affairs of the
city, subject to council approval.
c) Attend council meetings and have the right to take part in discussion, but not to vote.
d) See to the faithful execution of all laws, provisions of this charter, and acts of the council subject
to enforcement by the city manager or officers subject to the city manager's supervision.
Page 8
e) Prepare and submit to the council in the form provided by ordinance, the annual budget, a
capital improvement budget, and a projected capital improvement program for a minimum five -
year period.
f) Submit to the council at the first regular meeting in September of each year and make available
to the public a comprehensive report on the financial condition and administrative activities of
the city.
g) Make such other reports as the council may require concerning the operations of city
departments, offices and agencies subject to the city manager's supervision.
h) Keep the council fully advised as to the financial condition and future needs of the city and
make recommendations to the council concerning the affairs of the city.
i) Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances.
j) Develop and keep current an administrative code which sets forth the organizational and
operational procedures of the city government.
k) Provide administrative assistance to the council in connection with their official duties, and
perform such other duties as are specified in this charter or may be required by the council.
I) Act as purchasing agent for the city.
Ord. No. 6375 -99, § 2, 1 -21- 99/3 -9 -99)
Section 3.04 - City clerk.
The city manager shall appoint a city clerk, which appointment must be confirmed by the council
prior to becoming effective. The city clerk or the designee of the city clerk shall:
a) Be custodian of all records and the official seal of the city;
b) Attest all documents requiring attestation and agreements to which the city is a party;
c) Arrange for and supervise all city elections;
d) Attend all meetings of the council and keep minutes of its proceedings;
e) Give notice of council meetings to its members and the public;
f) Perform such other duties as directed or required by law.
Section 3.05. - Personnel system.
Appointments and promotions of city officials and employees, except those specifically exempted by
ordinance, shall be made solely on the basis of merit and fitness demonstrated by examination or other
evidence of competence as provided by law.
ARTICLE IV. - CITY ATTORNEY; LEGAL DEPARTMENT°
Footnotes:
2) - --
Code reference — Officers and employees generally. § 2.261 et seq.
Page 9
Section 4.01. - City attorney, legal department.
There shall be a legal department, headed by the city attorney, operating under the authority of and
responsible to the council. The legal department shall consist of the city attorney, assistant city attorneys
and such other staff as the council may direct.
Section 4.02. - City attorney appointment, removal, and compensation, qualifications and duties.
a) Appointment. The city attorney shall be appointed by the affirmative vote of four council
members and may be removed by a majority of the members of the council. Upon request by
the city attorney a public hearing will be held prior to a vote to remove the city attorney. The city
attorney shall be a member in good standing of The Florida Bar.
b) Duties. The city attorney shall be the legal advisor to the council, the city manager and all city
departments, offices and agencies. When required by the city council, the city attorney shall
prosecute or defend, on behalf of the city, all complaints, suits and controversies in which the
city is a party; and shall prepare or review and approve as to form and legal sufficiency all
contracts, bonds, and other instruments to which the city is a party. The city attorney shall
perform such other duties as may be directed by law or the city council.
c) Absence. By letter, filed with the council, the city attorney shall designate one or more assistant
city attorneys to perform the duties of city attorney during a temporary absence or disability.
This designation shall be limited to a period of 60 days. At the expiration of this time, the council
shall appoint an interim or new city attorney in accordance with the provisions of this charter.
Ord. No. 6375 -99, § 3, 1 -21- 99/3 -9 -99)
Section 4.03 - Assistant city attorneys; special counsel.
a) Assistants. The city attorney shall appoint as many assistant city attorneys as authorized by the city
council.
b) Special Counsel. The council may employ special counsel, outside of the legal department, who
shall conduct such investigations and perform such services as the council may direct and who shall
report directly to the council.
Section 4.04 - Compensation.
The council shall determine the compensation to be paid to the city attorney and special counsel.
Compensation for the assistant city attorneys shall be established by the city attorney and approved by
the council.
ARTICLE VI. - INITIATIVE; REFERENDUM; RECALL
Section 6.01. - Initiative.
The voters of the city shall have power to propose ordinances to the council, and, if the council fails
to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city
election, provided that such powers shall not extend to the budget or capital program or any ordinance
relating to appropriation of money, levy of taxes, or salaries of city officers or employees.
Section 6.02. - Referendum.
The voters of the city shall have power to require a reconsideration by the council of any adopted
ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city
Page 10
election, provided that such power shall not extend to the budget or capital program, any emergency
ordinance, or ordinance relating to appropriation of money, levy of taxes, or appointment or salaries of
city officers or employees.
Section 6.03. - Recall.
The voters of the city shall have the power to recall or remove from office any elected official or
officials of the city, for the reasons and in the manner set forth in the General Laws of the State of Florida.
Section 6.04. - Commencement of proceedings.
Any five voters may commence initiative or referendum proceedings by filing with the city clerk or
other official designated by the council an affidavit stating they will constitute the petitioners' committee
and be responsible for circulating the petition and filing it in proper form, stating their names and
addresses, specifying the address to which all notices to the committee are to be sent, and setting out in
full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated
by the council shall at the committee's request issue the appropriate petition blanks to the petitioners'
committee at the committee's expense.
Section 6.05. - Petitions.
a) Number of signatures. Initiative or referendum petitions must be signed by voters of the city equal in
number to at least ten percent of the total number of voters registered to vote in the last regular city
election.
b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled
as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be
followed by the address of the person signing. Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
c) Affidavit of the circulator. Each paper of a petition shall have attached to it, when filed, an affidavit
executed by the circulator thereof stating: That the circulator personally circulated the paper; the
number of signatures thereon; that all the signatures were affixed in circulator's presence; that the
circulator believes them to be the genuine signatures of the persons whose names they purport to
be; and that each signer had an opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
d) Time for filing referendum petitions. Completed referendum petitions must be filed within 90 days
after the effective date of the ordinance sought to be reconsidered.
Section 6.06. - Procedure to filing.
a) Certificate of city clerk; amendment. Within 20 days after the initiative or referendum petition is filed,
the city clerk or other official designated by the council shall complete a certificate as to its
sufficiency, specifying, if it is insufficient, the particulars wherein it is insufficient and shall promptly
send a copy of the certificate to the petitioner's committee by registered mail. Grounds for
insufficiency are only those specified in section 6.05 hereof. A petition certified insufficient for lack of
the required number of valid signatures may be amended once if the petitioners' committee files a
notice of intention to amend with the city clerk or other official designated by the council within two
working days after receiving the copy of the city clerk's certificate and files a supplementary petition
within ten days after receiving the copy of such certificate. The supplementary petition shall comply
with the requirements of subsections (b) and (c) of section 6.05 hereof and within five days after it is
filed the city clerk or other official designated by the council shall complete a certificate as to the
sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's
committee by registered mail as in the case of an original petition. If a petition or amended petition is
certified insufficient, or if a petition or amended petition is certified insufficient and the petitioner's
committee does not elect to amend or request council review under subsection (b) of this section
Page 11
within the time required, the city clerk or other official designated by the council shall promptly
present the certificate to the council and the certificate shall then be a final determination as to the
sufficiency of the petition.
b) Council review. If a petition has been certified insufficient and the petitioner's committee does not file
a notice of intention to amend it or if an amended petition has been certified insufficient, the
committee may, within two working days after receiving the copy of such certificate, file a request
that it be reviewed by the council. The council shall within 30 days review and approve or disapprove
it, and the council's determination shall then be a final determination as to the sufficiency of the
petition.
Section 6.07. - Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official designated by the council, the
ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall
terminate when:
a). There is a final determination of insufficiency of the petition, or
b). The petitioners' committee withdraws the petition, or
c). The council repeals the ordinance, or
d). Tabulation of the ballots cast by the voters of the city on the ordinance has been certified and
repeal of the ordinance has failed.
Section 6.08. - Action on petitions.
a) Action by council. When an initiative or referendum petition has been determined sufficient, the
council shall promptly consider the proposed initiative ordinance in the manner provided in Article II
or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed
initiative ordinance without any change in substance within 60 days or fails to repeal the referred
ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit
the proposed or referred ordinance to the voters of the city.
b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less
than 90 days and not later than 150 days from the date that the petition was determined sufficient. If
no regular city election is to be held within the period prescribed in this subsection, the council shall
provide for a special election; otherwise, the vote shall be held at the same time as such regular
election, except that the council may in its discretion provide for a special election at an earlier date
within the prescribed period. Copies of the proposed or referred ordinance shall be made available at
the polls.
c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the
15th day preceding the day scheduled for a vote of the city by filing with the city clerk or other official
designated by the council a request for withdrawal signed by at least four members of the petitioners'
committee. Upon the filing of such request, the petition shall have no further force or effect and all
proceedings thereon shall be terminated.
Section 6.09. - Results of election.
a) Initiative. If a majority of the voters voting on a proposed initiative ordinance vote in its favor, it shall
be considered adopted upon certification of the election results and shall be treated in all respects in
the same manner as an ordinance of the same kind adopted by the council except that it may not be
repealed until after the next regular city election. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
Page 12
b) Referendum. If a majority of the voters voting on a referred ordinance vote against the referred
ordinance, it shall be considered repealed upon certification of the election results and may not be
reenacted in substance until after the next regular city election.
Ord. No. 6375 -99, § 4, 1 -21- 99/3 -9 -99)
ARTICLE VII. - GENERAL PROVISIONS
Section 7.01. - Charter amendment.
a) Initiation by ordinance. In addition to charter amendments otherwise authorized by law, the council
may, by ordinance, propose amendments to any part or all of this charter, except Article 1, section
1.02, prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed
amendment to a vote at the next general election held within the city or at a special election called
for such purpose.
b) Initiation by petition.
1. The voters of the city may propose amendments to this Charter, except Article I, section 1.02,
prescribing boundaries, in the manner set forth in Article VI, section 6.05(a) —(c).
2. Upon certification of the sufficiency of the petition by the city clerk, the council shall place the
proposed amendment to a vote of the voters at the next general or special election held not less
than 90 days nor more than 150 days after certification.
Section 7.02. - Charter review advisory committee.
The council shall appoint a charter review advisory committee in January, 1994, and at least every
five years thereafter provided the appointments are made in January of a year preceding a city election.
The charter review advisory committee shall be composed of not less than ten members. It shall review
the existing charter and make recommendations to the council for revisions thereto.
ARTICLE VIII. - NOMINATIONS AND ELECTIONS
Section 8.01. - Qualified voters.
Any person who is a resident of the city who has qualified as a voter of Florida, and Pinellas County,
and who registers in the procedural manner prescribed by law, shall be a qualified voter of the city.
Section 8.02. - Nonpartisan elections.
All nominations and elections for council shall be conducted on a nonpartisan basis without regard
for or designation of political party affiliation of any nominee on any nomination petition, ballot, or political
advertisement under the control of the candidate.
Ord. No. 6375 -99, § 5, 1 -21- 99/3 -9 -99)
Section 8.03. - Form of ballots.
The council shall by ordinance prescribe the form of the ballot and the method conducting all
elections of the city.
Page 13
a) Council ballots. Candidates for seats on the council shall be grouped according to the seat
number for which they are candidates. Within each group, names shall be placed on the ballot
alphabetically. No candidate may seek election to more than one seat in any election.
b) Charter amendment. A charter amendment to be voted on by the voters of the city shall be
presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall
be a clear, concise statement describing the substance of the measure without argument or
prejudice. Below the ballot title shall appear the following question: "Shall the above described
ordinance) (amendment) be adopted ?" Immediately below such question shall appear, in the
following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's
choice.
Section 8.04. - Nominations.
The names of candidates for council shall be placed upon the ballot by the filing of a written notice of
candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance.
Where only one candidate qualifies for nomination to a seat on the council, then no general election
shall be held with respect to the seat and the candidate shall be declared elected to the seat.
Ord. No. 7235 -03, § 2, 12 -18- 03/3 -9 -04)
Section 8.05. - Elections.
a) Council positions. All members of the city council shall be elected at large. The candidate receiving
the largest number of votes among the candidates for that seat shall be elected.
b) Regular elections. Regular city elections shall be held on the second Tuesday in March of each year
in which a council term expires.
c) Special elections. Special municipal elections may be called by the council at any time for such
purposes as are authorized by law.
d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board,
unless otherwise provided by ordinance.
Ord. No. 7904 -07, § 1, 11 -15- 07/1- 29 -08; Ord. No. 7991 -08, § 1, 8 -7- 08/11 -4 -08)
Section 8.06. - Candidate vacancy.
If the death, withdrawal or removal from the ballot of a candidate occurs after the end of the
qualifying period and leaves fewer than two candidates for an office, then the qualifying period shall be
extended to the latest date on which a name can be added to the ballot. If a name cannot be added to the
ballot, the remaining candidate shall be declared elected.
ARTICLE IX. - FISCAL MANAGEMENT PROCEDURE
The city's fiscal management procedure shall include provisions relating to the operating budget,
capital budget, and capital program, and provide for hearings on the budget, capital budget, and capital
program and the amendment of the budget following adoption.
Ord. No. 7904507, § 1, 11 -15- 07/1- 29 -08)
ARTICLE X. - TRANSITION SCHEDULE
Page 14
Section 10.01. - Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law
or otherwise, which are not embraced herein and which are not inconsistent with this charter shall
become ordinances of the city subject to modification or repeal in the same manner as other ordinances
of the city.
Section 10.02. - Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith, shall
remain in force until repealed or changed as provided herein.
Section 10.03. - Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect or impair the rights or
privileges of persons who are city officers or employees at the time of adoption. City council members
shall continue to hold their offices until their successors are elected.
Section 10.04. - Pending matters.
All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city
shall continue except as modified pursuant to the provisions of the charter.
Section 10.05. - Schedule.
This charter shall be in full effect for all purposes on and after approval by a majority of the electors
voting in a valid election to be called for such purpose, and upon being filed with the secretary of state.
Appendix A
That portion of city -owned land bounded on the north by the right -of -way of Drew Street, on the east
by the right -of -way of Osceola Avenue, on the south of the right -of -way of Pierce Street, and on the
west by the waters of Clearwater Harbor, lying below the 28 mean sea level elevation, together with
the following described tract: Beginning at the northeast corner of section 16, township 29 south,
range 15 east, Pinellas County, Florida, and run thence west along the north line of said section,
1320.0 feet; thence south along the west line of the east one -half of the northeast one - quarter of said
section 16, 1526.16 feet to an intersection with an easterly projection of the centerline of Pierce
Street; thence south 89 °45'00" W along the centerline of Pierce Street, 418 feet to an iron stake set
in a projection of the west line of Osceola Avenue as extended across Pierce Street; thence south 20
feet along this projection of the southwest corner of the intersection of Pierce Street and Osceola
Avenue; thence south 88 °18'42" W along the south line of Pierce Street, 375 feet to the point of
beginning; thence continue south 88 °18'42" W, 270.89 feet along said south line of Pierce Street to
the east right -of -way line of Pierce Boulevard; thence south 19 °24'39" east along aforesaid east
right -of -way along a curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thence
north 88 °18'46" east, 120.42 feet; thence north 0 °14'32" west, 50 feet; thence north 88 °18'42 ", 100
feet; thence north 0 °14'32" west, 99.80 feet to the point of beginning less and except that portion of
the above described tract designated for the Bandshell Site.
Appendix B
Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway
Business District, according to the plat thereof as recorded in Plat Book 57, Pages 1 and 2,
Public Records of Pinellas County, Florida, for a POINT OF BEGINNING, said point being said
Westerly right -of -way line of Osceola Avenue; run thence S 01 °26'17" E, along said Westerly
right -of -way line of Osceola Avenue, 224.38 feet, to the Northerly right -of -way line of Cleveland
Street; thence N 89 °58'26" W, along said Northerly right -of -way line of Cleveland Street, 403.55
feet; thence N 00 °00'15" W, along a line West of the existing Harborview Center Building,
Page 15
217.30 feet; thence along a line Northerly of said Harborview Center Building the following two
courses, S 89 °58'26" E, 187.20 feet; thence N 88 °07" 14" E, 210.85 feet to the POINT OF
BEGINNING.
Page 16
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1758
Agenda Date: 10/14/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Authorize the funding of city medical insurance and a contract between the City and Cigna
Healthcare for administrative services under a partial self-insured funding arrangement for the
period January 1, 2016 through December 31, 2016, at a total not-to-exceed $18.2 million, to
be funded through city budgeted funds, and payroll deduction of employee premiums.
SUMMARY:
For plan year 2016, an actuarially supported renewal based on the City’s claims trending
projected an increase of 7.7% in funding of the plan based on an increase in rates, in order to
maintain the current plan design and participation in Cigna’s Local Plus Network. The Local
Plus Network recognizes a sub-group of physicians within their network that are achieving
optimal outcomes in patient care and cost savings. While participation in this plan reduced
the City’s calendar year medical claims cost by 6.1%, a 35.2% increase in pharmacy claims
costs actually increased overall plan costs by 2.4%.
The proposed renewal will maintain the existing PHA Cigna Local Plus Network plan option
while offering a new buy-up plan option that will enable participants to utilize the Cigna Open
Access Plus network. Participants will still be required to complete a Personal Health
Assessment through the Employee Health Center in order to be eligible for one of these plans.
Participants, who choose not to complete the PHA, will be enrolled in a base plan with a
different schedule of benefits. This proposed renewal will incorporate mental health,
substance abuse, and EAP coverage.
The City’s Benefits Committee voted unanimously to recommend to City Council that the
proposed plan design, rates, and health assessment requirements be adopted and Cigna be
retained as the administrator of the City’s account for 2016. The recommendation also
maintains the current funding strategy for city contributions of 100% of the cost of employee
coverage, 75% of the cost of Employee plus one coverage, and 68% of the cost for Employee
plus Family coverage. City staff concurs with the Benefits Committee recommendation.
The cost of implementing this plan option would result in an increase to the City’s contribution
of an estimated $1.4 million, or 10.8% for calendar year 2016 versus the prior year.
Approximately $1 million of the increase is attributable to the estimated 7.7% increase in
funding rates per above. The remaining $400 thousand is attributable to an increase in the
covered headcount resulting from an increase in covered positions during Fiscal Year 2015,
along with new positions budgeted for Fiscal Year 2016. The total estimated calendar year
2016 cost is $18.2 million ($14.4 million City share, $3.8 million employee/retiree/cobra share).
For fiscal year 2016, the City has budgeted $14.7 million for approximately 1632 full time
Page 1 City of Clearwater Printed on 10/14/2015
File Number: ID#15-1758
positions for the City’s share of medical insurance coverage. The City’s estimated fiscal 2016
employer costs per this recommendation are estimated at $14.1 million resulting in an
estimated budget surplus of $600 thousand.
Page 2 City of Clearwater Printed on 10/14/2015
1
HEALTH CARE 2016
2
2016 Cost Projection
Current anticipated funding
= $18.2 million CY
(City and Employee)
Anticipated CY increase
projected at 10.8% (City)
City increase is $1.4M above
FY 2015 budget
3
City Claims History
Claims Per Employee/Month
$629
$551
$483
$585 $590
$690 $712 755
$0
$100
$200
$300
$400
$500
$600
$700
$800
2008 2009 2010 2011 2012 2013 2014 2015
(YTD)
What’s Driving Claim Increases
–Catastrophic claims (>$25K) accounts
for 68% of medical claims costs.
–Medical claim costs are down 6% with
Local Plus Network Implementation.
–Pharmacy claim costs are up 36%
driven by specialty medications.
(Hepatitis C, Cancer, Multiple Sclerosis, Arthritis)
4
5
New Cigna Plan Design
Continue self-funding and remain with Cigna.
Continue with “Local Plus Network”
Adopt “ PHA buy up” plan with larger network.
No charge single rate PHA and Base options.
PHA incentive: must complete PHA to receive
better plan option.
6
Reasons for renewing
with Cigna
Local network with proven
results (6.1 % medical claims
reduction).
Consistent Claims
administration.
Full-time onsite representative.
Wellness funding.
7
Cigna Self-fund Proposal
Total Health Care Cost
Estimated Cost CY2016
= $18.2M
o $14.4M City
o $3.8M Employee/Retiree/COBRA
8
City Budget FY 2016 = $14.7 million
Estimated City 2016 = $14.4 million
NO INCREASE TO BUDGET
.
(All figures based on FY15 enrollment
and 1,632 FTE positions)
Cigna Self-fund Proposal
City Health Care Cost
9
HEALTH CARE 2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1767
Agenda Date: 10/14/2015 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
City Attorney Evaluation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1768
Agenda Date: 10/14/2015 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.2
SUBJECT/RECOMMENDATION:
City Manager Evaluation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/14/2015
2015-10-14 Jonson Comments about Horne Performance FY 2014-2015 Draft
1.This is the most important duty the Council has each the year. This year quite frankly
has felt different. Therefore I need to be very specific so this will take a little time
2.What I will cover:
a.Basic Form of Government
b.This year’s significant positive outcomes
c.This year’s difficulties
d.The Appraisal Process
e.Closing Summary
3.Basic Form of government
a.The purpose of a City is to do together what is more effective than trying to do it
as individuals
i.For that we agree to live by laws and ordinances
ii.We contribute fees and taxes in return for municipal services that citizens
want.
iii.At the local level, the Citizens elect a municipal City Council to execute
this pact in the form of a Charter that they approve at a referendum.
b.Charter defines the governance process as Council/City Manager form of
government and provides the following duties for the Council
i.Hire City Manager
ii.Set Policy and service levels
iii.Review outcomes
iv.City Manager Appraisal The purpose of which is continual improvement
and to ensure alignment with service level expectations.
c.So let’s focus on positive outcomes.
4.This is a year had of many highs
a. Services
i.Major infrastructure maintenance
ii.Establishment of the Nuisance abatement board
iii.Streetlight conversion to LED
iv.Fire ISO Level 1
v.Effective short term rental enforcement
b.Projects
i.RO2 plant completion delivering safe potable water at a less cost to our
citizens.
ii.Countryside Library completion
iii. First year with strategic annual priorities
iv.Council effectiveness training
2015-10-14d Draft Horne Performance Narrative (2).docx 1 Printed 11/5/2015 4:22 PM
Re Item : 12.2
5. So what kind of progress was made on my comments from last year at this time? The
three areas identified for development were:
a. First: Visible basic benchmarking data
b. Second: Code enforcement particularly chronic nuisance abatement (well done)
c. Third: Deliberate and timely execution of Council priorities.
6. On this Third priority, I recall Councilmember Polglaze’s comment at a recent Citizens
Academy. He was talking about Council term limits.
a. He said it takes more than eight years to accomplish an agenda.
b. It takes more than eight years to accomplish an agenda
c. Why does it take more than eight years to accomplish an agenda?
d. The last couple of years I had the opportunity to sit on the Florida League of
Cities Board and interact with Mayors and City Managers from around the state
and ask that question. And talk to them about best practices in their cities.
7. So why is this year’s appraisal so difficult? We seem to have accomplished so much, but
this year there have been difficulty in executing our common agenda that I don’t recall
being present in previous years.
a. Some procedural items
i. Didn’t receive the City Manager’s Annual Report in September per the
Charter Requirement
ii. Didn’t do the annual strategy process as required by Council Policy M
during fiscal 2015
b. Difficult process in
i. getting the ULI going despite some really great early successes
1. I perceive a lack of clarity in organizing the project components,
project schedule (dates not duration), overall budget,
encumbrances and actual spending
2. Perceived major challenge in getting the Bluff/Coachman master
planning process going given the June Council go ahead.
ii. Main Fire Station was completed in January 7, 2015 vs. June 2013 original
completion expectation.
iii. Failure to get the Community Rating System resolved; we are a 7 and if
we could get up to a 6 the citizens would save 5% on Federal flood
insurance.
c. On the Services side of our business, we embarked on new Performance
Reporting Strategic Objective: there is data on the Internet, but it is lacking
relevance to outcomes and internal measurements – my opinion.
8. The Charter Review Committee considered the option of going to a Strong Mayor form
of government. I don’t believe such a change is necessary partially because with a
2015-10-14d Draft Horne Performance Narrative (2).docx 2 Printed 11/5/2015 4:22 PM
professional manager you get a set of administrative competence and disciplined
management tools ICMA article.
9. Yet the benefit of this professional manager as applied in Clearwater seems dependent
on the desire of some Council members. I have the expectation that whether the
Council articulates a desire or not. I expect from a professional manager to use best
management practices. This is an area of many discussions with Mr. Horne. Project
management across multiple projects seems to me to be more lacking this year than in
previous years.
10. On the ULI project I sense a lack of urgency at the highest level. It seems that issues are
not resolved until monthly CRA meetings, when in fact we have Council meetings every
two weeks. While I understand that Policy decisions are those of the Council, (pause)
the City Manager can set the table to address focus and challenges at any time. Like
was done in June when the Council addressed the Priority of the Bluff Coachman Master
Plan.
11. As part of PSTA’s Board I have been sitting in on some transportation planning meetings
in another Pinellas City where there seems to be greater unity of vision and project
urgency.
12. Closing Summary
a. As I have done in previous years, I have used the ICMA performance appraisal
form. I reviewed it with Mr. Horne yesterday and have shared it with Ms.
Kuligowski to be included in the record. My overall rating was 3.5.
b. On that form, I listed three future development goals:
i. Institutionalize the strategic planning / objectives / best management
practices within Clearwater to provide the best City services for the most
effective investment.
ii. Encourage more effective and timely Council discussions building on the
concepts from the Council workshop last December.
iii. I believe the Entire Council is solidly behind the ULI development of the
Bluff / Coachman Park as the key initiative for next year, I would ask your
personal dedication to manage this project proceeding as the top priority.
c. City Manager described himself as a choir director of the whole organization – an
incredibly complex organization
d. I am pleased to have him as our City Manager and for his accomplishments.
e. Still it is really important to focus more on the areas I highlighted in this review I
look forward to working with the rest of the Council on this task as we agree on
objectives for this current fiscal year.
2015-10-14d Draft Horne Performance Narrative (2).docx 3 Printed 11/5/2015 4:22 PM