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07/17/2017Monday, July 17, 2017 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda July 17, 2017Council Work Session Work Session Agenda 1. Call to Order 2. Presentations July Service Awards2.1 3. Office of Management and Budget Adopt a tentative millage rate of 5.1550 mills for fiscal year 2017/18; set public hearing dates on the budget for September 7, 2017 and September 18, 2017, to be held no earlier than 6:00 p.m., and schedule a special council meeting on the budget in August to fully discuss the proposed budget. 3.1 4. Parks and Recreation Approve a Second Amendment to Lease Agreement between Clearwater Golf Associates Inc. (Club), and the City of Clearwater (City) to extend rent relief for the remaining twelve years of the Agreement, set a schedule to complete irrigation replacements to the course by the Club and authorize the appropriate officials to execute same. (consent) 4.1 Approve a recommendation by the Public Art and Design Board for the commission of a public art installation for the Morningside Recreation Center located at 2400 Harn Boulevard, as designed by artist Guy Kemper for a total cost of $55,000.00 to be funded from Morningside Recreation Center Construction (CIP 315-93251). (consent) 4.2 Approve a Lease Agreement between the City of Clearwater (City) and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (State) for use of the Florida Department of Transportation building and property located at 3204 Gulf to Bay Boulevard and authorize the appropriate officials to execute same. (consent) 4.3 Approve an agreement between USA Softball, Inc. f/k/a Amateur Softball Association of America, of Oklahoma City, Oklahoma, and the City of Clearwater, for hosting the 2017 XII WBSC Junior Women’s Softball World Championship, July 23-30, 2017 and authorize the appropriate officials to execute same. (consent) 4.4 5. Police Department Page 2 City of Clearwater Printed on 7/17/2017 July 17, 2017Council Work Session Work Session Agenda Approve the Multi-Agency Combined Voluntary Cooperation Mutual Aid Agreement Special Case Response and Management Team for law enforcement services, which shall become effective and shall be ongoing as to the executing Parties upon execution by the Commissioner of the Florida Department of Law Enforcement and any additional Party or Parties, and authorize the appropriate officials to execute same. (consent) 5.1 6. Planning Termination of the Development Agreement between Bayway Hotel Holdings, LLC (the property owner) and the City of Clearwater, providing for the allocation of 15 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on August 3, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-08006, 706 Bayway Boulevard) 6.1 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 3070 Grand View and 3041 Hoyt Avenues, and the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 900 Madera Avenue, together with certain abutting rights-of-way of San Jose and San Pedro Streets; and pass Ordinances 9043-17, 9044-17, and 9045-17 on first reading. (ANX2017-05010) 6.2 Approval of a Development Agreement between Gulfview Lodging, LLP (the property owner) and the City of Clearwater, providing for the allocation of up to 59 units from the Hotel Density Reserve under Beach by Design, adopt Resolution 17-19 and authorize the appropriate officials to execute same. (HDA2017-04001) 6.3 Authorize an agreement between the City of Clearwater and Forward Pinellas, to receive a Complete Streets Concept Planning Grant in the amount of $50,000 to prepare a Complete Streets Concept Plan for Drew Street from North Osceola Avenue to US Highway 19, authorize the appropriate officials to execute same and adopt Resolution 17-23. 6.4 Authorize a contract between Property Registration Champions Corp., a Florida Corporation and a Community Champions Company, and the City of Clearwater to manage the City’s Foreclosure Property Registry utilizing collected registration funds and authorizes the appropriate officials to execute same. (consent) 6.5 Provide direction on the Downtown Redevelopment Plan update. (WSO)6.6 Page 3 City of Clearwater Printed on 7/17/2017 July 17, 2017Council Work Session Work Session Agenda 7. Public Utilities Award Invitation to Bid 25-17, Antiscalant, to American Water Chemicals Inc. of Plant City, FL in the annual amount of $60,000, including two one-year term extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 7.1 8. Solid Waste Approve the award of Invitation to Bid 09-17, Mechanical, Electrical, and Plumbing Services, for a not-to-exceed annual amount of $1,700,000 ($950,000 Building and Maintenance and $750,000 Public Utilities), including two one-year renewal terms at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 8.1 9. Official Records and Legislative Services Appoint Michael Mack to the Marine Advisory Board to fill the remainder of an unexpired term through March 31, 2019. (consent) 9.1 Appoint one member to the Library Board to fill the remainder of an unexpired term through February 28, 2019. 9.2 10. Legal Approve a referendum question for the city voters to consider a charter amendment to allow for the construction and maintenance of certain improvements and the use for other than open space in the area west of Osceola Avenue between Drew Street and Pierce Street lying below the 28-foot mean sea level elevation, known as the downtown waterfront, call for a special city election to be held in conjunction with the county election on November 7, 2017, and pass Ordinance 9063-17 on first reading. 10.1 Adopt Ordinance 9029-17 on second reading, amending multiple sections of the Community Development Code relating to sign regulations; amending sections regulating exempt signs, prohibited signs, temporary signs and signs requiring development review; deleting Section 3-1805 General Standards and adding a new Section 3-1805 General Provisions for Signs. 10.2 Adopt Ordinance 9033-17 on second reading, annexing certain real property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.3 Page 4 City of Clearwater Printed on 7/17/2017 July 17, 2017Council Work Session Work Session Agenda Adopt Ordinance 9034-17 on second reading, amending the future land use element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). 10.4 Adopt Ordinance 9035-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.5 Adopt Ordinance 9036-17 on second reading, annexing certain unaddressed real property located on the south side of Otten Street approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.6 Adopt Ordinance 9037-17 on second reading, amending the future land use element of the Comprehensive Plan of the city, to designate the land use for certain unaddressed real property located on the south side of Otten Street approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 10.7 Adopt Ordinance 9038-17 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the south side of Otten Street approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.8 Adopt Ordinance 9039-17 on second reading, annexing certain real property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.9 Adopt Ordinance 9040-17 on second reading, amending the future land use element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 upon annexation into the City of Clearwater, as Residential Low (RL). 10.10 Adopt Ordinance 9041-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.11 Page 5 City of Clearwater Printed on 7/17/2017 July 17, 2017Council Work Session Work Session Agenda Withdraw Ordinance 9050-17 on second reading, extending the temporary moratorium imposed by Ordinance 8995-17 on the operation of any additional Dispensing Organizations that dispense Low- THC Cannabis or Medical Cannabis or on the operation of Medical Marijuana Treatment Centers within the city for an additional period of ninety days. 10.12 Adopt Ordinance 9052-17 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2017 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Solid Waste and Recycling Fund, Gas Fund, and Parking Fund. 10.13 Adopt Ordinance 9053-17 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2017, to reflect a net increase of $21,104,496. 10.14 11. City Manager Verbal Reports 12. City Attorney Verbal Reports 13. Council Discussion Item Parking in Residential Yards - Councilmember Jonson13.1 Florida League of Cities Policy Committee - Councilmember Jonson13.2 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting SEDA's Water Quality Person of the Year17.1 July Service Awards17.2 Recycling Perks - Katrina Miller, Recycling Specialist17.3 Page 6 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3623 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: July Service Awards SUMMARY: 5 Years of Service Malik Salam Engineering/Stormwater Carl Allison Public Utilities Terrell Smith Solid Waste 10 Years of Service Christopher Miller Police Ricky Stasiowski Fire Michael Gitchell Gas 15 Years of Service David Clark Planning and Development David Bruneau Police Elizabeth Westerfield Gas Leah Turpack Police 20 Years of Service John Memmer General Services John Chatman Solid Waste Christian Zarra Police David Derrick Police Richard Kelly Police 25 Years of Service Creighton Harvey Gas Page 1 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3667 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Adopt a tentative millage rate of 5.1550 mills for fiscal year 2017/18; set public hearing dates on the budget for September 7, 2017 and September 18, 2017, to be held no earlier than 6:00 p.m., and schedule a special council meeting on the budget in August to fully discuss the proposed budget. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2017. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.1550 mills, the same millage rate as the current year. This rate is 6.86% more than the rolled back rate of 4.8241 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 6.86% increase from the rolled-back rate of 4.8241 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2017 compliance forms as follows: 5.1550 mills - Tentative millage rate 4.8241 mills - Rolled-back millage rate 6.9632 mills - Maximum majority vote rate 7.6595 mills - Maximum two-thirds vote rate Staff would also like to schedule a special council meeting in August to fully discuss the proposed budget. The following dates are dates available: Wednesday, August 2 at 1 p.m., Thursday, August 10 at 1 p.m., and Thursday, August 31 at 1 p.m. Page 1 City of Clearwater Printed on 7/17/2017 | 1 CITY OF CLEARWATER Fiscal Year 2017/18 100 S. Myrtle Ave. Clearwater, FL 33756 myclearwater.com PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS | 2 CITY OF CLEARWATER | 2 CITY OF CLEARWATER Total Budget (All City Operations) FY 2016/17 FY 2017/18 Increase 468,355,080 567,033,940 21.1% | 3 CITY OF CLEARWATER | 3 CITY OF CLEARWATER All Funds Fund FY 2016/17 FY 2017/18 Increase General Fund $ 131,648,530 $ 134,945,720 2.5% Utility Funds 168,313,880 174,614,150 3.7% Enterprise Funds 10,241,930 10,343,040 1.0% Internal Service Funds 58,977,120 62,609,350 6.2% Special Revenue Funds 19,907,520 26,845,970 34.9% Capital Fund 79,266,100 157,675,710 98.9% | 4 CITY OF CLEARWATER | 4 CITY OF CLEARWATER $0 $3 $6 $9 $12 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 $11.2 $10.2 $7.9 $7.5 $8.2 $9.4 $10.2 Property Values Billion | 5 CITY OF CLEARWATER | 5 CITY OF CLEARWATER Millage Rate Current Millage Rate 5.1550 mills Proposed Millage Rate 5.1550 mills (6.86% greater than rolled-back rate) Rolled Back Rate 4.8241 mills | 6 CITY OF CLEARWATER | 6 CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $50.1 $43.9 $37.7 $38.3 $43.3 $46.6 $50.4 Ad Valorem Tax Revenues Million | 7 CITY OF CLEARWATER | 7 CITY OF CLEARWATER General Fund Revenue Source FY 2016/17 FY 2017/18 Increase/ (Decrease) Ad Valorem Tax $44,384,830 $48,026,390 8.2% Utility Taxes 14,717,600 14,741,900 0.2% Other Taxes 7,100,400 6,695,000 (5.7%) Franchise Fees 10,280,100 10,030,000 (2.4%) Intergovernmental 23,054,960 23,854,360 3.5% Charges for Service 15,988,040 16,311,460 2.0% Transfers In 9,161,770 9,578,680 4.6% All Other Revenue 6,960,830 5,707,930 (18.0%) TOTAL $131,648,530 $134,945,720 2.5% | 8 CITY OF CLEARWATER | 8 CITY OF CLEARWATER General Fund Expenditures Department FY 2016/17 FY 2017/18 Increase Police $ 39,781,790 $41,389,690 4.0% Fire 26,312,890 27,143,410 3.2% Parks & Recreation 25,682,620 27,651,460 7.7% Library 7,219,940 7,307,220 1.2% Planning & Development 5,627,690 5,678,790 0.9% Engineering 7,865,730 7,755,510 (1.4%) All Other Departments 19,157,870 18,019,640 (5.9%) TOTAL $131,648,530 $134,945,720 2.5% | 9 CITY OF CLEARWATER | 9 CITY OF CLEARWATER General Fund Budget By Department Police 31.0% Fire / EMS 20.0% Parks and Recreation 20.5% Library 5.5% Engineering 5.5% Planning and Development 4.0% Adm/Other 13.5% Public Safety 51% $134.9 Million | 10 CITY OF CLEARWATER | 10 CITY OF CLEARWATER General Fund Budget By Category Personnel 65.5% Operating 16% Internal Service 12% Interfund Transfers 5% Debt and Capital 1.5% $134.9 Million | 11 CITY OF CLEARWATER | 11 CITY OF CLEARWATER $0 $35 $70 $105 $140 General Fund History Total General Fund Budget CPI | 12 CITY OF CLEARWATER | 12 CITY OF CLEARWATER 0 250 500 750 1,000 1,250 1,500 1,750 2,000 1,954.3 1,846.5 1,708.4 1,685.5 1,709.7 1,790.3 1,829.6 Full Time Equivalent Positions (All Funds) Other Funds General Fund | 13 CITY OF CLEARWATER | 13 CITY OF CLEARWATER Capital Projects •Seminole Boat Launch Improvements •Bicycle Paths-Bridges •Recycling Processing Facility •Solid Waste Truck Wash Facility | 14 CITY OF CLEARWATER | 14 CITY OF CLEARWATER Special Budget Meeting Available dates: •Wednesday, Aug. 2 – 1 p.m. •Thursday, Aug. 10 – 1 p.m. •Thursday, Aug. 31 – 1 p.m. | 15 CITY OF CLEARWATER | 15 CITY OF CLEARWATER Public Hearings Thursday, Sept. 7 – 6 p.m. Monday, Sept. 18 – 6 p.m. | 16 CITY OF CLEARWATER Fiscal Year 2017/18 100 S. Myrtle Ave. Clearwater, FL 33756 myclearwater.com PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3624 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Second Amendment to Lease Agreement between Clearwater Golf Associates Inc. (Club), and the City of Clearwater (City) to extend rent relief for the remaining twelve years of the Agreement, set a schedule to complete irrigation replacements to the course by the Club and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 19, 2001, the Council approved a 20-year Agreement between Clearwater Golf Associates Inc. and the City for the operation of the property known as Clearwater Executive Golf Course, including an annual lease payment, and improvements to the course. Staff has found the Club’s performance to be excellent including adhering to all provisions of the current Agreement which included investing over $1,000,000 of improvements to the course during the first five years. On February 4, 2010, the Council approved a First Amendment to the Lease Agreement to increase the length of the Agreement by seven years from 20 years to 27 years; and extended rent relief for seven years to complete a number of additional improvements needed at the Club. The City and Club have determined that additional capital improvements of approximately $400,000 are needed in order to replace the entire irrigation system on the course. The existing system was originally installed when the course first opened in 1971 and has been under constant repair ever since. It has now gotten to the point that the entire system needs to be updated and replaced in order to give the necessary coverage needed to maintain a first class facility. Staff recommends amending the current Agreement to allow for rent relief for the remainder of the agreements twelve years in order for the Club to replace the existing irrigation system within the next five years and in return reduce the base rental payment from $48,000 per year to $12,000 per year. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3625 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a recommendation by the Public Art and Design Board for the commission of a public art installation for the Morningside Recreation Center located at 2400 Harn Boulevard, as designed by artist Guy Kemper for a total cost of $55,000.00 to be funded from Morningside Recreation Center Construction (CIP 315-93251). (consent) SUMMARY: The theme and scope of the project was determined with input from representatives of the project construction team, Public Art & Design Board, Parks & Recreation Department, and the Morningside Neighborhood Home Owners Associations. The desired intent of this project is to commission public artwork that serves as an artistic enhancement to the glass windows of the main entry and fitness center window wall of the main entrance and central atrium at the Morningside Recreation Center. The Public Art and Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and expertise as follows: Karen Cunningham (Chair), representative of the Public Art & Design Board Spencer Cook, president, Morningside Meadows Homeowners Association Regina Novak, representative of the Parks & Recreation Department Norene Marlow, president, Morningside Homeowners Association Judith Powers, artistic representative A limited invitation Call to Artists was issued to three artist finalists. On March 17, 2017, the Selection Panel met to review the applicants’ credentials and selected artist Guy Kemper, as his vibrantly colored window patterns best fit the theme and artistic desires of the project stakeholders. On June 8, 2017, the Public Art & Design Board unanimously approved the recommendation to commission Mr. Kemper. The Board is recommending 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 & 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. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3625 Funds are available in capital improvement project 315-93251, Morningside Recreation Center Construction, to fund this contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3626 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve a Lease Agreement between the City of Clearwater (City) and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (State) for use of the Florida Department of Transportation building and property located at 3204 Gulf to Bay Boulevard and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff recommends that the City enter into a 50-year Lease Agreement with the State for the use of a two-story vacant building and approximately 2.0 acre site located at 3204 Gulf to Bay Boulevard, which was previously used as an office for the Florida Department of Transportation (FDOT). The site would be used primarily to support trail activities, including but not limited to parking and restrooms. In addition talks have begun to possibly locate a Chamber of Commerce Welcome Center and trailhead restroom facilities for the Courtney Campbell Trail on this site as well as provide offices for Florida Sports Foundation staff that are currently located at the Long Center. The City will be responsible for all costs associated with the maintenance and improvements to be made on the building and property. The State has the right to terminate this agreement with six months written notice. The City of Clearwater shall be responsible for an annual administrative fee of $300 for the leasing of this property. This agreement is similar to the agreement the City entered into with the State relative to the use of the National Guard Armory located at 706 N. Missouri Ave. for our special events and athletic division. APPROPRIATION CODE AND AMOUNT: Sufficient funds will be available in the FY 2017/18 Parks and Recreation Administration operating budget (01801) to cover the initial operating costs including the annual $300 leasing fee. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2017 This Lease was prepared by: Brad Richardson, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 AID# 32546 OAL1 [2.0 acres +/-] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA _______________________________________ LEASE AGREEMENT Lease Number 4799 THIS LEASE AGREEMENT, made and entered into this ______ day of _______________ 20__, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and CITY OF CLEARWATER, FLORIDA, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1.DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2.DESCRIPTION OF PREMISES: The property subject to this lease contains approximately 2.0 acres, is situated in the County of Pinellas, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter called the "leased premises". 3.TERM: The term of this lease shall be for a period of 50 years commencing on __________________________, and ending on _______________________________ unless sooner terminated pursuant to the provisions of this lease. 4.PURPOSE: LESSEE shall manage the leased premises only for the establishment and operation of trail support activities, including but not limited to, a welcome center, parking, and restrooms, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. 5.QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6.UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformity with this lease. 7.ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8.LAND USE PLAN: LESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to LESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Land Use Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE’S own risk. The Land Use Plan shall emphasize the original management concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of LESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the LESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease to establish all short-term goals Page 2 of 12 Lease Number 4799 AID# 31449 developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The LESSEE shall submit an updated Land Use Plan at least every ten (10 ) years from the execution date of the lease. 9. EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted by LESSOR. LESSEE is not authorized to grant any easements of any nature and any easement granted by LESSEE shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE before or upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. During the term of this lease, if Section 768.28, Florida Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein, LESSEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name LESSOR and the State of Florida as additional insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially-responsible insurer duly authorized to do business in the State of Florida. In lieu of Page 3 of 12 Lease Number 4799 AID# 31449 purchasing insurance, LESSEE may elect to self-insure these coverages. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: LESSEE shall assist in the investigation of injury or damage claims either for or against LESSOR or the State of Florida pertaining to LESSEE’S respective areas of responsibility under this lease or arising out of LESSEE’S respective management programs or activities and shall contact LESSOR regarding the legal action deemed appropriate to remedy such damage or claims. LESSEE is responsible for, and, to the extent allowed by law, shall indemnify, protect, defend, save and hold harmless LESSOR and the State of Florida, its officers, agents and employees from any and all damages, claims, costs, expense, including attorney’s fees, demands, lawsuits, causes of action or liability of any kind or nature arising out of all personal injury and property damage attributable to the negligent acts or omissions of LESSEE, and its officers, employees, and agents. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. In the event LESSEE subcontracts any part or all of the work performed in the leased premises, the LESSEE shall require each and every subcontractor to identify the LESSOR as an additional insured on all insurance policies required by the LESSEE. Any contract awarded by LESSEE for work in the leased premises shall include a provision whereby the LESSEE’S subcontractor agrees to indemnify, pay on behalf, and hold the LESSOR harmless for all injuries and damages arising in connection with the LESSEE’S subcontract. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all taxes, assessments, liens or other similar liabilities that accrue to the leased premises or to the improvements thereon arising after this lease commences, including any and all ad valorem taxes and drainage and special assessments or personal property taxes of every kind and all construction or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises subsequent to the effective date of this lease. In no event shall the LESSEE be held liable for such liabilities which arose prior to the effective date of this lease. Page 4 of 12 Lease Number 4799 AID# 31449 16.NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17.TIME: Time is expressly declared to be of the essence of this lease. 18.NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19.UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having the utilities turned off when the leased premises are surrendered. 20.MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 21.RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to audit such records at any reasonable time during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22.CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23.COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. Page 5 of 12 Lease Number 4799 AID# 31449 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, MS 130 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 LESSEE: City of Clearwater, Florida 3204 Gulf to Bay Boulevard Clearwater, FL, 33759 25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, Page 6 of 12 Lease Number 4799 AID# 31449 assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off-site ground and surface waters and lands affected by LESSEE'S such failure to comply, as may be necessary to bring the leased premises and affected off-site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon LESSEE’S obligations as set forth in paragraph 14 of this lease, nor upon any other obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. This paragraph shall not be deemed to apply to any conditions existing prior to the effective date of this lease. 27. ENVIRONMENTAL AUDIT: At LESSOR’S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands’ standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 28. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection (“Division”), Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division shall Page 7 of 12 Lease Number 4799 AID# 31449 perform an on-site inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements do not meet all conditions as set forth in paragraphs 19 and 36 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 29.BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR, LESSEE or other land managing agencies for the protection and enhancement of the leased premises. 30.PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to the respective arthropod control district or districts within one year of the effective date of this lease all of the environmentally sensitive and biologically highly productive lands contained within the leased premises, in accordance with Section 388.4111, Florida Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of obtaining a public lands arthropod control plan for such lands. 31.PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 32.PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33.ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 34.SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space there above. Page 8 of 12 Lease Number 4799 AID# 31449 35.ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 36.MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and the improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, maintaining all planned improvements as set forth in the approved Land Use Plan, and meeting all building and safety codes. LESSEE shall maintain any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 37.GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 38.SIGNS: LESSEE shall ensure that the area is identified as being publicly owned and operated as a public facility in all signs, literature and advertising. If federal grants or funds are used by LESSEE for any project on the leased premises LESSEE shall erect signs identifying the leased premises as a federally assisted project. 39.SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 40.ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July l to June 30.Each annual payment thereafter shall be due and payable on July l of each subsequent year. 41.RIGHT OF TERMINATION: Anything contained in this lease to the contrary notwithstanding, LESSOR shall have the right and option to terminate this lease, at will, for any reason whatsoever, by giving the LESSEE written notice of such election to terminate at least six (6) months prior to the effective date of such termination. LESSEE shall continue to honor its obligations under the lease until the effective date of the termination, including LESSEE’s obligations concerning surrender of the leased premises. [Remainder of page intentionally left blank; Signature page follows] Page 9 of 12 Lease Number 4799 AID# 31449 IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of ____________________________________________ Environmental Protection, as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness “LESSOR” STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 10 of 12 Lease Number 4799 AID# 31449 06-05-2017 Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Page 11 of 12 Lease Number 4799 AID# 31449 STATE OF _______________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this ______ day of ______________, 20_____, by William B. Horne, II and Rosemarie Call, as City Manager and City Clerk, respectively, for and on behalf of the City of Clearwater, Florida. They are personally known to me. ______________________________ Notary Public, State of Florida ______________________________ Printed, Typed or Stamped Name My Commission Expires:__________ Commission/Serial No.____________ EXHIBIT “A” The following lands located in Pinellas County, Florida: Beginning at the SW corner of the SE1/4 of NW ¼ of Section 16, Township 29 South, Range 16, East, said corner being the SW corner of US Lot No. 2 and also being the point of intersection of the centerlines of the Haines Road and Gulf of Bay Boulevard; run thence North 3° West, 50 feet; thence North 87° East along the North right of way line of the Gulf to Bay Boulevard, 1320.5 feet to point of beginning, said point of beginning being the line dividing US Lots 2 and 3; run thence North 3° West and at right angles to the Gulf to Bay Boulevard, 200 feet; thence North 87° East and parallel with the Gulf to Bay Boulevard, extending 463 feet to the shore line of the Old Tampa Bay; thence southwesterly along the shore line of Old Tampa Bay to point of beginning, said parcel being a part of US Lot No. 3, Section 16, Township 29 South, Range 16 East. March 2, 2017 Page 12 of 12 Lease Number 4799 AID# 31449 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3663 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve an agreement between USA Softball, Inc. f/k/a Amateur Softball Association of America, of Oklahoma City, Oklahoma, and the City of Clearwater, for hosting the 2017 XII WBSC Junior Women’s Softball World Championship, July 23-30, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: USA Softball, Inc., formerly the Amateur Softball Association (ASA)/USA Softball, is a volunteer driven, not-for-profit organization based in Oklahoma City, Oklahoma, was founded in 1933 and has evolved into the strongest softball organization in the country. The United States Olympic Committee (USOC) named ASA the National Governing Body of Softball, pursuant to the Amateur Sports Act of 1978 . World Baseball Softball Confederation (WBSC) is the world governing body for the sports of baseball and softball that was established in 2013 by the merger of the International Softball Federation (ISF) and International Baseball Federation (IBAF), the former respective world governing bodies for baseball and softball. Headquartered in Lausanne, Switzerland, the WBSC was granted recognition as the sole competent global authority for both the sports of baseball and softball by the International Olympic Committee at the 125th IOC Session on September 8, 2013. All World Championships tournaments are biennial, and the XII Junior Women ’s Softball World Championship has been awarded to USA Softball, Inc, who in turn chose the City of Clearwater as the host. Delegations from 26 countries, from six continents, are represented. The economic impact to the community from the tournament is expected to generate approximately $2 million to the community with over 2,500 room nights at Clearwater and Pinellas County hotels. The City’s primary goal is to serve as host and facility operator for the tournament, including field preparation services, set up for all support areas, coordination of facility layout, electric and water services, on -site event staff, marketing and coordination, recruitment of volunteers for the events and securing umpires and officials for the games, providing for security, paramedics, solid waste services, park and restroom clean-up, etc. The WBSC and USA Softball will provide technical assistance throughout the operation of the tournament at Eddie C. Moore Softball Complex and Sid Lickton Complex, and manage the qualification process for up to 26 teams to play in each tournament. The City is responsible for the financial management and accounting for the tournaments, Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3663 collecting all revenue associated with the event and for paying all expenses from proceeds. It is estimated that event expenses will be $307,050 while offsetting revenues will be $307,500. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2017 TOURNAMENT HOSTING AGREEMENT This Tournament Hosting Agreement (this “Agreement”) is made and entered into this ______ day of ___________, 2017, by and between USA Softball, Inc. f/k/a Amateur Softball Association of America (USAS), an Oklahoma nonprofit corporation with its principal place of business at 2801 N.E. 50th Street, Oklahoma City, Oklahoma 73111 (the “USAS”) and the City of Clearwater, a Florida municipality, with an address at 100 S. Myrtle Avenue, Clearwater, FL 33756, telephone: 727-562-4800 (“Host”). The USAS and Host are sometimes referred to herein as the “Parties.” W I T N E S S E T H: WHEREAS, USAS is a National Federation member of the World Baseball Softball Confederation-Softball Division (formerly known as the International Softball Federation, Inc.) (hereinafter the “WBSC-SD”); WHEREAS, USAS is the National Federation organizer of the 2017 XII WBSC Junior Women's World Championship scheduled to be conducted in Clearwater, Florida from July 23, 2017 through July 30, 2017 (“Event”); WHEREAS, Host is USAS’s selected host for conducting the Event; WHEREAS, Host and USAS each desire to set forth and outline in this Agreement each Party’s respective responsibilities and rights with respect to the upcoming Event. NOW THEREFORE, in consideration of the mutual promises and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. TERM. This Agreement shall commence on May 1, 2017 and shall terminate on November 30, 2017, unless sooner terminated as provided herein. 2. OBLIGATIONS AND RIGHTS OF USAS. 2.1. USAS shall provide pitch-clock equipment for use during the Event. USAS shall take back its pitch-clocks at the conclusion of the Event. 2.2. USAS shall provide two USAS-designated persons to attend the Event – one WBSC-SD liaison and one to assist with training for internet-streaming, game scoring and recordkeeping. 2.3. USAS shall provide Ipads and gamechanger scoring application (or comparable scoring application and hardware) for use during the Event. USAS shall take back its Ipads and scoring application at the conclusion of the Event. 2.4 USAS shall make arrangements to provide for the internet-streaming of the Event. (At Host’s costs and expense, Host shall provide and ensure that sufficient internet access (3mb-per-sec upload/ wired access) is available to USAS at each field during the Event so that USAS may stream the Event games) 2.5 USAS Insurance Requirements: Page 2 of 7 A. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. B. Commercial Automobile Liability insurance coverage for any owned, non- owned, hired or borrowed automobile is required in the minimum amount of $500,000 (five hundred thousand dollars) combined single limit. C. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. D. All of the coverage set forth above must name the City as an “Additional Insured” on the Commercial General Liability and the Commercial Automobile Liability Insurance. 3. OBLIGATIONS AND RIGHTS OF HOST. 3.1. All Rights and Obligations of Host Subject to ISF/WBSC-SD Requirements. All rights and obligations shall at all times be subject to the requirements of the ISF/WBSC-SD. To the extent any rights of the Host conflict with the requirements of the ISF/WBSC-SD, the requirements of the ISF/WBSC-SD shall control. 3.2. Right to Ticket Revenue. It is expected that tickets will be sold for the Event. As between USAS and Host, Host shall be entitled to 100% of the net ticket revenue. Host shall also be obligated to provide any ‘comp’ tickets, credentials and passes to WBSC-SD, media, etc. free-of-charge. 3.3. Right to Concession Revenue. It is expected that food and other concessions will be made available to the attendees of the Event. As between USAS and Host, Host shall be entitled to 100% of the concession revenue. 3.4 Right to Local Sponsor Revenue. It is expected that local sponsors (that do not conflict with ISF/WBSC-SD sponsors) may generate local sponsorship revenue specific to the Event. All such sponsors shall be subject to the prior approval of WBSC-SD. As between USAS and Host, Host shall be entitled to 100% of such local sponsorship revenue. 3.5. Host Shall Provide for Facilities, Equipment, and Fields. Except as provided for otherwise in Section 2, at Host’s sole cost and expense, Host shall arrange and provide all fields, equipment and facilities required to conduct the Event Page 3 of 7 consistent with ISF/WBSC-SD requirements. This shall specifically include, but not be limited to providing: --Playing fields, interview rooms, drug testing suite, training or medical area, Office space and equipment for WBSC-SD Officials, Media Room, VIP seating area, Closing and Opening Ceremony Rostrum and Flags, two-way radios, public address system, Availability of first Aid and Medical assistance, adequate supply of bottled water, cups and ice for players. In addition, laundry services must be made available to the umpires and teams, with costs disclosed to each team. EXCEPTION: Host shall not be required to provide softballs – they shall be provided by WBSC-SD 3.6 Host Shall Conduct Opening/Closing Ceremonies In Accordance with WBSC-SD Protocol. Host shall conduct the Opening/Closing Ceremonies in accordance with the Technical and Protocol Requirements of the WBSC-SD. 3.7. Host Shall Make Arrangements for the Availability of Hotel Accommodations for National Federations Participating in the Event. Host shall make arrangements for the availability of Hotel accommodations for teams/National Federations participating in the Event. The Host shall not be required to pay for the hotel accommodations of National Federation members, but shall make arrangements for hotels to be available and shall communicate with each such National Federation as to the availability and how the National Federations may make direct arrangements for hotel accommodations. 3.8. Host Shall Provide Hotel Accommodations for WBSC-SD Officers, Umpires, Officials and Scorekeepers. For up to twelve nights, at Host’s cost and expense, Host shall provide suitable hotel accommodations for up to eight (8) WBSC-SD Officers and additionally for all umpires, officials and scorekeepers. All such hotel accommodations shall provide for complimentary breakfast, and Host shall additionally provide a per diem of $50.00 per day for additional meals for all such persons provided for herein. Also, the WBSC-SD Officers shall be accommodated at a separate hotel and apart from any National Federation team member hotel. 3.9. Host Shall Provide Airport and Local Transportation. At Host’s cost and expense, Host shall provide transportation to and from the Tampa airport for all participating Team Federations and for all WBSC-SD Officers, umpires, officials and scorekeepers. In addition, at Host’s cost and expense, Host shall provide local transportation to and from the Event (for games and practices) to all participating Team Federations and for all WBSC-SD Officers, umpires, officials and scorekeepers. Also, the WBSC-SD Officers’ transportation shall be separate from the team National Federations. Page 4 of 7 3.10. Host Shall Provide Complimentary Seating and VIP Passes. VIP accreditation and reserved seating will be provided for WBSC-SD Officers (8), all heads of delegations including any National Federation Presidents (whether participating or not), and any other individuals designated by the WBSC-SD. There shall also be free-of-charge general entry tournament pass(es) for any WBSC-SD Hall of Famer(s) attending the Event (they must have their hall of fame card or by otherwise verified by the WBSC). 3.11. Host Shall Provide Copies of Publicity/News Releases to WBSC-SD. At no charge or expense to USAS, Host shall provide WBSC-SD with copies of all news releases, statistics, photographs, programs and other materials used in promoting and publicizing the Event. 3.12. WBSC-SD Official Suppliers shall be accommodated. At no charge or expense, Host shall provide WBSC-SD’s official suppliers/sponsors (i.e. Mizuno) each with the following: A. Four (4) signs or banners at each competition venue (WBSC will supply banners) B. During the games announce "We would like to thank »» as Official supplier of>>>>>> for the WBSC Junior Women's World Championship" C. A full page advertisement in the Official Program 3.13. Host Shall Pay $75,000 to USAS to Cover the WBSC-SD’s Minimum Financial Guarantee. Host shall pay to USAS $75,000 within 60 days of the end of the Event. 3.14 Security. At no charge or expense to USAS, Host shall create a security plan for the Event and ensure adequate security for the attendees and others at the Event venue. 3.15 Provision of Areas at the Venue. Host shall provide the WBSC-SD with concession areas for the sale of WBSC merchandise. Host shall additionally provide space in close proximity to the field(s) for placement of a broadcasting trailer, broadcast booth, or other broadcasting equipment. 3.16 Acknowledgment of WBSC’S logo and trademark usage requirements. Host acknowledges and agrees that the WBSC has rights to its logos and trademarks and shall comply with any logo and trademark requirements of the WBSC. 3.17 Internet Upload Access for Streaming. At Host’s costs and expense, Host shall provide and ensure that sufficient internet access (3mb-per-sec upload/ wired access) is available to USAS at each field during the Event so that USAS may stream the Event games 3.18 Acknowledgment of Broadcast and Naming Rights. Host acknowledges and agrees that it shall have no broadcast or rebroadcast rights to the Event, or any Page 5 of 7 portion thereof. Host acknowledges that it shall not have any naming rights to the Event. 4. INCORPORATION OF WBSC-SD REQUIREMENTS. 4.1. Host agrees that it has reviewed the WBSC-SD Addendum – Technical and Protocol Requirements for the Event and agrees that, at Host’s expense, Host shall comply with those requirements (with the exception of specific items otherwise covered by Section 2 of this Agreement). The Technical and Protocol Requirements are incorporated by reference herein. 4.2 Host agrees that it has reviewed the WBSC-SD Addendum – Event Services and Facilities Requirements for the Event and agrees that, at Host’s expense, Host shall comply with those requirements (with the exception of specific items otherwise covered by Section 2 of this Agreement). The Event Services and Facilities Requirements are incorporated by reference herein. 5. MISCELLANEOUS. 5.1. Entire Agreement. This Agreement expresses the entire agreement of the Parties relative to the subject matter hereof. No covenants, expectations, understandings, representations, or warranties of any kind whatsoever have been made or relied upon by any party hereto, except as specifically set forth herein. All prior and contemporaneous discussions and negotiations have been and are merged, integrated into, and superseded by this Agreement. 5.2. Amendment. No modification or amendment of this Agreement shall be effective unless the same is in writing and executed by each of the Parties. 5.3. Assignment. Unless the USAS consents in writing, Host may not assign, transfer, or delegate, in whole or in part, its rights and obligations under this Agreement and no attempted assignment or delegation shall be effective. 5.4. Binding Effect. The terms, conditions, provisions and promises contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective beneficiaries, representatives, successors, and permitted assigns, and shall survive any merger, acquisition, division, sale, or other disposition of any party hereto. 5.5. Counterparts. This Agreement may be executed in any number of counterparts and by the different Parties on separate counterparts, each of which when so executed and delivered shall be an original document, but all of which counterparts shall together constitute but one and the same instrument. 5.6. Severability. If any provision of this Agreement or the application thereof to any part or circumstance shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to circumstances other than those as to which it Page 6 of 7 is determined invalid or unenforceable shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 5.7. Termination. If a party is in breach of this Agreement and such breach continues for three (3) business days after a written or electronic notice of default and demand for cure is provided to the defaulting party, then the non-defaulting party shall have the right to terminate this Agreement without further notice. 5.8. Notices. Any notice, demand, consent, or other communication which may or must be given under the terms of this Agreement shall be given in writing and shall be deemed given upon receipt, or upon refusal to accept delivery of the notice. Such notice may be delivered (i) in person; (ii) by first class registered or certified mail, return receipt requested, and postage prepaid; or (iii) by Federal Express or other overnight carrier, and shall be addressed as follows, or at such other address of one party as is designated by written notice from said party to the other: If to USAS: If to Host: Executive Director USA Softball, Inc. 2801 N.E. 50th Street Oklahoma City, OK 73111 Parks and Recreation Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 5.9. Relief. Except to the extent otherwise provided herein, in the event of a default of any of the terms or conditions of this Agreement the non-defaulting party may seek specific performance in addition to any or all other available legal or equitable relief. 5.10. Acceptance. This Agreement shall not be effective or enforceable unless and until executed by each of the Parties. 5.11. Waiver. Any material default of this Agreement may be waived, if in writing, by the non-defaulting party, and such a waiver shall not operate as or be construed to be a waiver of any other default of this Agreement. The failure of any party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver and shall not deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 5.12. Status of Parties. This Agreement is not intended to create, and shall not be interpreted or construed as creating, a partnership, joint venture, agency, employment, master and servant, or similar relationship between the Parties, and no representation to the contrary shall be binding upon any party hereto. 5.13. Survival. The terms and provisions of this Agreement shall survive the termination or expiration of this Agreement. Page 7 of 7 5.14. Remedies Cumulative. All remedies and relief provided for in this Agreement and all remedies and relief conferred by law shall be cumulative. No one remedy or relief shall be exclusive of any other, nor shall any remedy or relief be preclusive of any other, except to the extent otherwise provided in this Agreement. IN WITNESS WHEREOF, USAS and Host have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. “USAS” USA Softball, Inc., an Oklahoma not for profit corporation By: Craig Cress, Executive Director “HOST” City of Clearwater, Florida Countersigned: City of Clearwater, Florida _____________________________ By: ______________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _____________________________ _____________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3655 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the Multi-Agency Combined Voluntary Cooperation Mutual Aid Agreement Special Case Response and Management Team for law enforcement services, which shall become effective and shall be ongoing as to the executing Parties upon execution by the Commissioner of the Florida Department of Law Enforcement and any additional Party or Parties, and authorize the appropriate officials to execute same. (consent) SUMMARY: Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines by and between such agencies to such lawful activities and to enter into an operational assistance agreement whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under s.252.34, Florida Statutes. Parties to the proposed mutual aid agreement have joined together to create the Special Case Response and Management Team, which is intended to disrupt and dismantle organized criminal groups and target individual career criminals who are engaging in a series of criminal violations with a specific pattern, affecting multi-jurisdictions. It is the intention of the Florida Department of Law Enforcement to establish the Special Case Response and Management Team as a mechanism by which area law enforcement agencies can dedicate resources into a centralized unit for the purpose of targeting organized criminal groups and career criminals who are committing criminal acts or engaging in a pattern of criminal behavior in violation of Florida State Statutes that affects multi -jurisdictions. The types of criminal violations being investigated include (but are not limited to) racketeering, money laundering, drug violations, extortion, burglary, major theft, and violent crimes significantly affecting the public safety of the citizens of the State of Florida. Members of the Special Case Response and Management Team shall enjoy full jurisdictional authority anywhere within the State of Florida, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement when engaged in Team operations that have been approved by, and involve, the Florida Department of Law Enforcement as contemplated by this Agreement. Any party may cancel its participation in the Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement as noted therein. Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3655 APPROPRIATION CODE AND AMOUNT: No expense involved. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2017 1 MULTI-AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT SPECIAL CASE RESPONSE AND MANAGEMENT TEAM WHEREAS, the below subscribed law enforcement agencies, the Parties to this mutual aid agreement, have joined together to create the SPECIAL CASE RESPONSE AND MANAGEMENT TEAM (hereinafter referred to as the “SCRAM TEAM”) intended to disrupt and dismantle organized criminal groups and target individual career criminals who are engaging in a series of criminal violations with a specific pattern, affecting multi-jurisdictions; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS,the undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a voluntary cooperation agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; and WHEREAS, the undersigned agencies acknowledge that they can make more efficient use of their respective powers and resources and thereby provide a higher quality of law enforcement services to the public through the coordination of members of the undersigned agencies in the SCRAM TEAM; NOW THEREFORE, the Parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement at the request of the Florida Department of Law Enforcement (FDLE) to implement with the jurisdiction and other limits as noted herein the SCRAM TEAM for the purposes and goals indicated. Additional Parties may, at the request of a participating member, and with the approval of the other SCRAM TEAM member agencies, enter into this Agreement at a later date as evidenced by their signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement as noted herein. 2 Intent Statement, SCRAM Team Goals, Nature of Law Enforcement Assistance and Voluntary Cooperation to be Rendered: It is the intention of the Florida Department of Law Enforcement to establish the SCRAM TEAM as a mechanism by which area law enforcement agencies can dedicate resources into a centralized unit for the purpose of targeting organized criminal groups and career criminals who are committing criminal acts or engage in a pattern of criminal behavior in violation of Florida State Statutes that affects multi-jurisdictions. The types of criminal violation being investigated include (but are not limited to) racketeering, money laundering, drug violations, extortion, burglary, major theft, and violent crimes significantly affecting the public safety of the citizens of the State of Florida. The SCRAM TEAM may focus investigative efforts on a single person who is committing criminal violations as part of an on- going criminal pattern involving multiple jurisdictions or on an organized criminal group(s) of individuals that are committing a series of criminal acts which involve multiple jurisdictions. While it is a known fact that the targeting and arrest of “street-level” criminals in a single jurisdiction is an essential function of local law enforcement, it is also an established fact that those investigations oftentimes fail to eradicate the criminal organizations or effectively target career criminals which prey upon and endanger the public. Therefore, it is the intent of the SCRAM TEAM to target criminal groups and offenders who commit the enumerated criminal pattern offenses in an organized and calculated manner. The principal purpose of the SCRAM TEAM shall be the successful prosecution of violators of the laws enumerated above, and similar violations, with particular emphasis placed on efforts designed to identify and dismantle organized criminal enterprises and to target career criminals involved in criminal pattern behavior. Furthermore, emphasis shall be placed on targeting violators that commit criminal acts in multiple jurisdictions and/or multiple judicial circuits. SCRAM TEAM efforts shall include, but are not limited to, undercover operations designed to detect illegal activity, including but not limited to violations of Florida Statutes Chapters 810, 812, 893, and 895, Florida Statutes; the use of advanced surveillance equipment and techniques; the arrest and prosecution of those involved in illegal activity; the seizure of contraband and weapons; the forfeiture of assets from those engaged in such illegal activity; and the referral of investigative leads and intelligence to such other federal, state or local law enforcement authorities as may be required and appropriate under the SCRAM TEAM operations. While the seizure and civil forfeiture of assets is an effective tool in combating organized criminal activity, the seizure and forfeiture of assets shall not take 3 priority over the primary function of the SCRAM TEAM,which shall be to enforce laws regulating violations of criminal law. Nothing herein shall otherwise limit the ability of participating SCRAM TEAM members to provide, as provided by or allowed by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. The Parties to this Agreement are contributing personnel and resources in support of the SCRAM TEAM efforts, with the operations of the SCRAM TEAM being coordinated with the FDLE and other SCRAM TEAM members. Procedure for Requesting Assistance Law enforcement officers assigned to SCRAM TEAM operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more SCRAM TEAM member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the task force which shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Organization, Command and Supervisory Responsibility: Each participating agency shall contribute personnel and resources to the SCRAM TEAM in such numbers as are agreed to by the participating agency and the FDLE. Participating agencies shall assign personnel to the SCRAM TEAM based upon their investigative experience and the operational needs of the SCRAM TEAM. Final acceptance of personnel assigned to the SCRAM TEAM shall rest with FDLE. The assigned managing FDLE Supervisor shall be responsible for the operational command and day-to-day administration of all SCRAM TEAM operations and personnel, and shall have the authority to make routine assignments and determine case priority, as needed. The Parties agree that FDLE will initially determine, in consultation with additional participating SCRAM TEAM agencies, whether cases resulting from SCRAM TEAM investigations shall be prosecuted in state court, or whether an individual case would be best resolved by referral to the United States Attorney for consideration for federal prosecution. 4 During the absence of the managing FDLE Supervisor, or as deemed necessary by the managing FDLE Supervisor, any member assigned to the SCRAM TEAM may be designated as an interim Team Leader to manage operational SCRAM TEAM matters. FDLE may in its discretion, and as appropriate, provide certain long-term active SCRAM TEAM members with limited access to the FDLE building as is necessary to perform their duties. FDLE will issue building access passes bearing the SCRAM Team member’s name, rank and photograph. The Parties agree that such identification may be utilized to identify SCRAM TEAM members while engaged in approved SCRAM TEAM operations as contemplated by this Agreement and that SCRAM TEAM identification cannot be used for any purpose other than approved SCRAM TEAM operations. The Parties acknowledge that improper use of SCRAM TEAM identification or building access passes may result in revocation of these items, and removal of the SCRAM TEAM member. SCRAM TEAM identification and building passes must be surrendered upon the member’s termination from the SCRAM TEAM, or upon request of a managing FDLE SCRAM Team supervisor. The Parties agree that upon the dissolution of this mutual aid agreement, SCRAM TEAM identification and building passes must be returned to FDLE, absent other authorization by FDLE. ALL members of the SCRAM TEAM enjoy the same status and authority under this mutual aid agreement, regardless of whether they are issued any of the above items. Any sworn law enforcement officer in good standing with their agency can participate in SCRAM Team investigative activity, with FDLE approval, provided that the law enforcement officer is a member of one of the agencies included in this Mutual Aid Agreement and that law enforcement officer possesses a specialized knowledge, skill or ability that is needed to further the goals and objectives of the SCRAM Team. Jurisdiction: The principal site of the SCRAM TEAM activity is the geographical boundaries of the greater Tampa Bay, Florida and surrounding county areas, including; Hillsborough, Pinellas, Polk, Pasco, Hernando, Citrus, Sumter, and Hardee counties; provided however, that SCRAM TEAM members shall enjoy full jurisdictional authority anywhere within the State of Florida, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement when engaged in SCRAM TEAM operations that have been approved by, and involve, the Florida Department of Law Enforcement as contemplated by this Agreement. SCRAM TEAM members operating outside the jurisdiction of their Agency shall not enjoy extra-jurisdictional authority as law enforcement officers unless engaged in approved SCRAM TEAM activities as stated herein. The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the bounds of their employing Agency is by reason of this Agreement 5 and the overall supervision and authority of the Florida Department of Law Enforcement as provided by the "Florida Mutual Aid Act." Pursuant to Section 23.127(1), Florida Statutes, designated employees of the undersigned Agencies participating in the SCRAM TEAM shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the political subdivision in which the employee is normally employed. Activities shall be considered authorized only when approved and actually directed as provided herein by an FDLE SCRAM TEAM supervisor or designee. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless they are approved and supervised as provided herein and are related to SCRAM TEAM operations, or have been encountered directly incident to an approved and supervised SCRAM TEAM operation. If a conflict arises between an order or direction provided by the SCRAM TEAM supervisor and a member's employing Agency’s rules, standards, or policies, the conflict shall be promptly reported to the SCRAM TEAM supervisor, and to the superior in that member’s agency chain of command. The SCRAM TEAM supervisor, in conjunction with the member’s agency superior, shall attempt to resolve the conflict in a manner that will allow the SCRAM TEAM operation to continue appropriately. At no time will a participating member be forced to violate his/her own agency’s policies or rules in order to implement a SCRAM TEAM initiative. The Parties to this Agreement may, by a written memorandum of understanding or written attachments to this Agreement, identify or further define particular guidelines, policies, or procedures to be utilized by members of the SCRAM TEAM when engaged in SCRAM TEAM operations. In the absence of written memorandum of understanding or attachments, the policies and procedures to be utilized by SCRAM TEAM members shall be clearly identified by the Managing FDLE Supervisor in consultation with the participating agencies. However, as stated above, no SCRAM TEAM member will be expected or required to violate or otherwise fail to maintain the member’s employing Agency’s standards of conduct, rules or policies. Powers, Privileges, Immunities, Costs and Liability-Related Issues: Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee’s political subdivision in which normally employed. 6 A member agency that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. Each member agency engaging in the SCRAM TEAM initiatives pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party’s own employee(s) while such employee(s) is engaged in SCRAM TEAM activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employee(s), as further discussed below. Each member agency agrees, with regard to conduct of such Party’s own employee(s)while such employee(s) is engaged in SCRAM TEAM activities/initiatives, to conduct internal investigations related to use of force, auto accidents or other violations of their respective agencies policy and procedures in accordance with their standard operating procedure, regardless of the jurisdiction where the alleged violation occurs. The member agency agrees to provide the Florida Department of Law Enforcement a summary of any such investigation at the conclusion of such investigation. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, and resources in order to carry out the purposes of the SCRAM TEAM, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. Each Agency furnishing services pursuant to this Agreement shall compensate its employee(s) during the time such services are rendered and shall defray the actual expenses of its employee(s) while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers’ compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee(s) of an Agency when performing the employee’s duties within the territorial limits of the employee’s Agency shall apply to the employee(s) to the same degree, manner, and extent while such employee(s) acts under this Agreement. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. 7 Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one Party hereto to the other. Obligation to Coordinate With Prosecutor's Office The principal goal of this SCRAM TEAM is the protection of Florida's public safety and security, and the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the SCRAM TEAM are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling SCRAM TEAM generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from SCRAM TEAM operations are likewise to receive coordinated support efforts from SCRAM TEAM members. The SCRAM TEAM supervisor shall monitor the efforts of SCRAM TEAM members in support of criminal prosecutions and civil actions. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the SCRAM TEAM to assure the expected level of support from SCRAM TEAM members is occurring. Failure by a member of the SCRAM TEAM to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the SCRAM TEAM. Property Seizure and Forfeiture Considerations: No funds or other property seized during SCRAM TEAM operations are to be utilized by any member agency prior to successful forfeiture or until the title or interest in the funds otherwise lawfully vests in one or more member agencies. Forfeiture actions based upon seizures made by the SCRAM TEAM shall be based upon current statutory and case law. Prior to the filing of any forfeiture actions in State court, the Parties to this agreement shall determine which Party will handle said forfeiture based on all relevant factors, including but not limited to: the county of the seizure, the complexity of the action and the level of involvement of each of the Parties. The Parties shall maintain their right to reimbursement of the associated costs. This provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters, nor shall this preclude the use of federal forfeiture proceedings, or other forfeiture or transfer procedures when deemed appropriate. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this 8 Agreement and shall take into account their relative roles in support of the efforts of the SCRAM TEAM. Any Party to this Agreement or any prosecutor handling the criminal prosecution of SCRAM TEAM cases may request copies of forfeiture complaints and pleadings filed by reason of SCRAM TEAM seizures, and such copies shall be promptly provided to the requester. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of SCRAM TEAM member agencies in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party(ies) to this Agreement decides not to participate in a particular SCRAM TEAM related forfeiture, said Party(ies) may opt out of such forfeiture proceedings and any distribution of forfeited funds or property therefrom, on a case by case basis, by written notification delivered to legal counsel for the agency primarily responsible for processing the particular forfeiture(s). All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available to the SCRAM TEAM, provided the property under consideration otherwise qualifies under law for such consideration. Forfeiture actions shall be further governed by the terms and conditions described in the Forfeiture Guidelines promulgated by the Florida Sheriff's Association, Florida Police Chief's Association, and FDLE, as provided in the FDLE Forfeiture Manual, as required by Section 932.704(11)(a), Florida Statutes. Evidence and Records: The Parties agree that all SCRAM TEAM reports and records shall be coordinated by FDLE, and shall be identified as SCRAM TEAM reports. A complete copy of all member agency reports related to SCRAM TEAM efforts and activity will be maintained in the relevant Florida Department of Law Enforcement case file and records system. Evidence shall be seized in accordance with each SCRAM TEAM member’s agency guidelines and all evidence seized in SCRAM TEAM operations shall be maintained by the participating local SCRAM TEAM member’s agency in whose jurisdiction the evidence was initially seized absent special alternate arrangements. FDLE shall be entitled to conduct audits and inspections of SCRAM TEAM operations and records including the seizure and handling of all evidence, property, or cash or any other aspect of SCRAM TEAM operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. 9 Term of Agreement: This Agreement shall become effective and shall be ongoing as to the executing Parties upon execution by the Commissioner of the Florida Department of Law Enforcement and an additional Party or Parties. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party as the date of such execution. This Agreement shall remain in full force as to all participating Parties unless canceled in writing by the Commissioner of the Florida Department of Law Enforcement, or as canceled in writing by another individual Party as provided herein. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page, the original of which shall be returned to, and maintained by, the Office of the Special Agent in Charge, Tampa Bay Regional Operations Center, Florida Department of Law Enforcement. Under no circumstances may this agreement be renewed, amended, or extended except in writing. Any Party may withdraw from this Agreement upon providing written notice to the Florida Department of Law Enforcement and all other Parties. Any written cancellation shall be initially forwarded to the Office of the Special Agent in Charge, Tampa Bay Regional Operations Center, Florida Department of Law Enforcement, 4211 North Lois Avenue, Tampa, FL 33614. A copy of this Agreement and copies of all participating agency signature pages will be provided to, and maintained by, the FDLE Mutual Aid, Investigations and Forensics Program, Office of Field Services, P.O. Box 1489, Tallahassee, Florida, 32302-1489, or via e-mail to MutualAid@fdle.state.fl.us. Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member Agencies of the SPECIAL CASE RESPONSE AND MANAGEMENT (SCRAM) TEAM Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. ************************************************************************ For the Florida Department of Law Enforcement: ___________________________________________________________ Richard L. Swearingen Date 10 Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the member Agencies of the SPECIAL CASE RESPONSE AND MANAGEMENT (SCRAM) TEAM Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. ************************************************************************ For the [LIST AGENCY]__________________________________________: __________________________________ AGENCY HEAD __________________________ Date Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3575 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Termination of the Development Agreement between Bayway Hotel Holdings, LLC (the property owner) and the City of Clearwater, providing for the allocation of 15 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on August 3, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-08006, 706 Bayway Boulevard) SUMMARY: On December 2, 2014, a Development Agreement was made effective between the property owner and the City of Clearwater which provided 15 units from the Hotel Density Reserve (HDA2014-08006/Resolution 14-35). Section 6.1.3.1 of the Development Agreement required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement. Section 6.1.6 provides that all units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system . Occupancy in the hotel is limited to a term of less than one month or thirty -one consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. After receiving approval of HDA 2014-08006 the applicant submitted the associated site plan for approval as part of a Level II Flexible Development application (FLD2015-06025). This application was approved by the Community Development Board on September 15, 2015. Permits (BCP2015-12534 and BCP2016-03372) for site and building construction were submitted on December 19, 2015 and March 15, 2016, respectively. Pursuant to CDC Section 4-407 building permits were to have been obtained within six months of the initial permit application. As of February 9, 2017 both permits have been voided due to lack of response from the applicant. On March 14, 2017, an application (FLD2016-12039) for a Resort Attached Dwellings development on the subject site was approved by the Community Development Board (CDB). On April 3, 2017 a permit (BCP2017-04049) was submitted consistent with this more recent site plan approval. The City has determined that the Property Owner has abandoned development of the Property consistent with conceptual site plans that were part of the Agreement, and the Property Owner sought approval for entirely new site plans, which were approved by the Community Development Board on March 21, 2017 as part of a Level II Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3575 Flexible Development application (FLD2016-12039) for Resort Attached Dwellings. The applicant has submitted a request to terminate the Development Agreement thus returning the allotted 15 units back to the reserve. Once returned to the Reserve these units would be available for application. Pursuant to Section 13 of the Agreement notices have been provided to: Bayway Hotel Holdings, LLC 20001 Gulf Blvd., Suite 5 Indian Shores, FL 33785 E.D. Armstrong III Hill Ward Henderson 101 E. Kennedy Blvd., Suite 3700 Tampa, FL 33602 Page 2 City of Clearwater Printed on 7/17/2017 Resolution No. 17-09 RESOLUTION NO. 17-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A TERMINATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BAYWAY HOTEL HOLDINGS, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (the “City”) entered into a Development Agreement with BAYWAY HOTEL HOLDINGS, LLC (the “Property Owner”), for the allocation of up to 15 units from the Hotel Density Reserve under Beach by Design that was adopted by the City Council on December 2, 2014, via Resolution No. 14-35; and WHEREAS, the City desires to terminate said Development Agreement due to the Property Owner’s failure to comply with the terms of the Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and BAYWAY HOTEL HOLDINGS, LLC, a copy of which is attached as Exhibit “A,” is hereby terminated. Section 2. Authorize the City Council and all appropriate officials to execute the Termination of the Development Agreement, a copy of which is attached as Exhibit “B”. Section 3. This resolution shall take effect immediately upon adoption. Section 4. The City Clerk is directed to submit a recorded copy of the Termination of Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2017. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of November, 2014, and entered into between Bayway Hotel Holdings LLC, a Florida limited liability company (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 0.3504 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to construct 32 overnight accommodation units, minimal meeting space for guest use, pool, lobby and parking with 38 parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, the improvements are the “Project”); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned resort will contain 32 overnight accommodation units, which includes 15 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on November 20, 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T) District. 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 706 Bayway Blvd as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 32 overnight accommodation units. Of the 32 overnight accommodation units, 15 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 38 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design. 4.4 The density of the Project shall be 92 units per acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 94 feet three inches as measured from Base Flood Elevation to highest architectural feature, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Department Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive fifteen (15) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy. SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Bayway Hotel Holdings, LLC 20001 Gulf Blvd. . Suite 5 . Indian Shores, FL 33785 With Copy to: E.D. Armstrong III Hill Ward Henderson 101 E. Kennedy Blvd. Suite 3700 Tampa, FL 33602 If to City: City of Clearwater Attn: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signatures begin on following page] IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: BAYWAY HOTEL HOLDINGS, LLC, a Florida limited liability company ______________________________ By:______________________________ Print Name_____________________ Stephen J. Page, Manager ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of November, 2014, by Stephen J. Page, as Manager of Bayway Hotel Holdings, LLC, a Florida limited liability company, on behalf of the Company, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo Soto Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of November, 2014, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of November, 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires 5922153v1 EXHIBIT “A” Legal Description Units 1-12 and 14-17, of BEL CREST CONDOMINIUM, a Condominium, according to the Declaration of Condominium as recorded in Official Record Book 6319, Pages 2114 and all exhibits and amendments thereof, and recorded in Condominium Plat Book 92, Page 70, all of the Public Records of Pinellas County, Florida. Together with an undivided share or interest in the Common Elements appurtenant thereto. Also known as: Lots 25 and 26, Block A, BAYSIDE SUBDIVISION NO. 5, according to the map of plat thereof as recorded in Plat Book 38, Page 38, Public Records of Pinellas County, Florida. EXHIBIT “B” Conceptual Site Plan EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 2014, by Bayway Hotel Holdings, LLC, a Florida limited liability company ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution __________, passed and approved on ____________, 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Fifteen (15) units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [Signatures begin on following page] IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2014. In the Presence of: BAYWAY HOTEL HOLDINGS, LLC, a Florida limited liability company ______________________________ By:______________________________ Print Name_____________________ Stephen J. Page, Manager ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ________________, 2014, by Stephen J. Page, as Manager of Bayway Hotel Holdings, LLC, a Florida limited liability company, on behalf of the Company, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo Soto Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2014, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of _____________, 2014, by Bayway Hotel Holdings, LLC, a Florida limited liability company (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated ___________, 2014 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this _____ day of ______________, 2014. In the Presence of: BAYWAY HOTEL HOLDINGS, LLC, a Florida limited liability company ______________________________ By:______________________________ Print Name_____________________ Stephen J. Page, Manager ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of _______________, 2014, by Stephen J. Page, as Manager of Bayway Hotel Holdings, LLC, a Florida limited liability company, on behalf of the Company, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 5921786v1 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo Soto Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2014, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: TERMINATION AND RELEASE OF A HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT (the "Termination"), between Bayway Hotel Holdings, LLC. (the Property Owner) and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof (the "City") is dated the _______ day of _______________, 201__. RECITALS: WHEREAS, the City of Clearwater entered into a Development Agreement (the “Agreement”) with the “Property Owner,” for the allocation of up to 15 units from the Hotel Density Reserve, under Beach by Design, for the Property at 706 Bayway Boulevard, Clearwater, FL 33767 (the “Property”); and WHEREAS, the Agreement was adopted by the City Council on December 2, 2014, via Resolution No. 14-35; and WHEREAS, as a condition of approval for the allocation of up to 15 units from the Hotel Density Reserve under Beach by Design, Section 6.1.3.1 required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement; and WHEREAS, the City has determined that the Property Owner has abandoned development of the Property consistent with conceptual site plans that were part of the Agreement, and the Property Owner sought approval for entirely new site plans, which were approved by the Community Development Board on March 21, 2017 as part of a Level II Flexible Development application (FLD2016-12039) for Resort Attached Dwellings; and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City desires to terminate said Development Agreement due to the Property Owner’s failure to comply with the terms of the Development Agreement; and WHEREAS, at a duly noticed and convened public meeting on ______________________, 201__, the City Council thereby passed Resolution 17-07 consenting to the termination and release of the Development Agreement; and WHEREAS, termination of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and [GM14-1420-167/201686/1] NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein b y this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereb y acknowledged, the City terminates the A greement and hereb y releases the Propert y from all terms, conditions, agreements, grant of rights, and covenants contained in the Agreement, including, without limitation, the allocation of up to 15 units from the Hotel Density Reserve. The City hereb y affirms that: (a) no provision, term, covenant or condition in said Agreement remains in effect as of the date hereof; and (b) the Property retains no right, title or interest of an y kind or nature in said Hotel Density Reserve units. THIS TERMINATION AND RELEASE has been executed as of the above-written date b y the City. CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo A. Soto, Assistant City Attorney [GM14-1420-167/201686/1] STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires UPDATED 05-12-2017 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Active 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is Active 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is Active 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 5/24/2015 HDA2014-04002 / FLD2013-11038 / FLD2014-06019 site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is Active. 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 6/23/2017 DVA2013-02001 / FLS2013-02006 Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Active; BCP2016-01459 - issued 03-29-2016 and is Active. Total Rooms Allocated from Reserve 463 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 2/29/2015 FLD2012-03008 / DVA2012-03001 one year time extension granted - FLD2012-03008 expires 09-16-14; BCP2014- 08618 issued 08/13/2015; Permit Status is HOLD - Two Partial Passes and Two Failed inspections. 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 11/16/2017 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 08-05-2016; BCP not submitted as of 10-14-16 353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/19/2015 4/21/2017 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; expires April 21, 2017; BCP not submitted as of 10- 14-16 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 3/22/2018 HDA2013-08006 / FLD2015-05016 FLD2015-05016 time extension granted 08-12-2016; BCP not submitted as of 10-14-16 401 South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 401 South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 9/24/2016 11/16/2017 HDA2015-06001/FLD2015-09036 40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 10/23/2015 4/21/2017 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; expires April 21, 2017; BCP not submitted as of 10- 14-16 706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15- 2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council June 14 and July 20, 2017 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A 11/20/2014 11/20/2015 6/4/2017 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; Time extenstion ganted on 09-20-16; BCP not submitted as of 10-14-16 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 12/17/2015 12/17/2017 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; expires December 17, 2017; BCP not submitted as of 10-14-16 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2015 5/17/2018 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 08-12-2016; BCP not submitted as of 10-14-16 657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 Total Rooms Allocated from Reserve 843 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes FLD2015-09036; time extension granted 08-12-2016 permits not submitted as of 10-14-16 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. HOTEL DENSITY RESERVE PROJECTS - APPROVED HOTEL DENSITY RESERVE PROJECTS - PENDING HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227100 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A HDA2017-04001 Total Rooms Pending Allocation 59 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,306 Total Rooms Pending Allocation 59 Total Remaining For Allocation 20 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-05010 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3070 Grand View and 3041 Hoyt Avenues, and the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 900 Madera Avenue, together with certain abutting rights-of-way of San Jose and San Pedro Streets; and pass Ordinances 9043-17, 9044-17, and 9045-17 on first reading. (ANX2017-05010) SUMMARY: These voluntary annexation petitions involve 0.658-acres of property consisting of three parcels of land occupied by single-family dwellings. The properties are located generally north of Drew Street, south of SR 590, and within ¼ mile west or east of North McMullen Booth Road. The applicants are requesting annexation in order to be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project. The properties are located within an enclave and are contiguous to existing city boundaries on at least one side. It is proposed that the property at 900 Madera Avenue be assigned a Future Land Use Map designation of Residential Urban (RU) and the remaining properties be assigned Residential Low (RL). All properties are proposed to be given a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Development Review Committee is proposing that 0.436-acres of San Jose and San Pedro Streets right-of-way also be annexed. The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City of Clearwater. The applicants will connect to the City’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, Page 1 City of Clearwater Printed on 7/17/2017 File Number: ANX2017-05010 compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) and Residential Low (RL) Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre, and the Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties are consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing city boundaries on at least one boundary; therefore the annexations are 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 7/17/2017 Ordinance No. 9043-17 ORDINANCE NO. 9043-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OR EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3070 GRAND VIEW AVENUE, 3041 HOYT AVENUE, AND 900 MADERA AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN RIGHTS-OF-WAY OF SAN JOSE AND SAN PEDRO STREETS 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 properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described 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 (ANX2017-05010) 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. 9043-17 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 Legal Descriptions ANX2017-05010 Exhibit A NO. Parcel ID: Legal Description: Address: Together with all Right-of-Way of San Jose Street abutting Lots 49 through 57; together with all Right-of-Way of San Pedro Street abutting Lot 41; The above in DEL ORO GARDENS subdivision, as recorded in Plat Book 45, Page 74, of the Public Records of Pinellas County, Florida. 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Lot 17, Block B, KAPOK TERRACE, a subdivision according to the plat thereof recorded at Plat Book 36, Page 14 and 15, in the Public Records of Pinellas County, Florida Lot 8, Block J, Kapok Terrace First Addition, according to the plat thereof, as recorded in Plat Book 49, Page 8 of the Public Records of Pinellas County, Florida. Lot 57, Del Oro Gardens, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 74, of the Public Records of Pinellas County, Florida Exhibit B PROPOSED ANNEXATION Owner(s): Araceli C. Cahill , Howard I. Thomas & Theresa J. Thomas, Christopher O. Bronza Case: ANX2017-05010 Site: 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Property Size(Acres): ROW (Acres): 0.658 0.436 Land Use Zoning PIN: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 From : RL, RU R-4 / R-3 Atlas Page: 283A To: RL, RU LMDR 184601404510828 29 30 31 32 33 34 35 36 37 38 6060608080808060 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 606060606020808 05310 20790 45144 45126 05311 C E C D G B A O N J I 234 5 6 7 8 9 10 11 121314151617181920 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 6 7 8 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 2 28 29 30 31 32 35 36 37 38 39 42 43 44 45 46 49 50 51 52 53 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN 1 2 11 12 1 2 3 32/01 31/01 5 22.20 34/01 34/02 1.57 AC(C) AC(C) AC(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD HOYT AVE MERRILL AVE WOLFE RD THOMAS RD GRAND VIEW AVE SAN JOSE ST SAN MAT EO ST SAN PEDRO ST TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N SAN MATEO ST SAN BERNADINO ST 932 916 912 910 906 806 808 712 816 421 800 601 808 409 911 923928 917 801 708 809 801 815 511 707 901924 907 405 900 807 510 600 30693108317031643061303031113080312730593171317131623163302530213121317731243150316931373165305030363047315830603071316431583156303131183035306531253112315130493077304131743168317531363023314231313157304830243170316530203142308130833037315130463159302430303125315131713109305730253074315731743151302631773130317631583044315931133100317631643052316531703030920 914 908 904 901 800 501 701 608 602 900 915 607 701 824 708 315430643035313233058313130343059306530533061304130423067303630473120304030643076312530713116313530723131313630533041304731083073307130553041305930293132311430353119305830413130304131263070313630403113310731133052304330583112313630773117304030493104304730631001 3076305230703040306430463075311930553124307630533047306530463120307030533137303531323137307731423040307930313025310230853046312430343136-Not to Scale--Not a Survey-Rev. 5/22/2017 Ordinance No. 9044-17 ORDINANCE NO. 9044-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OR EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3070 GRAND VIEW AVENUE, 3041 HOYT AVENUE, AND 900 MADERA AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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); Residential Urban (RU) (ANX2017-05010) 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. 9043-17. Ordinance No. 9044-17 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 Legal Descriptions ANX2017-05010 Exhibit A NO. Parcel ID: Legal Description: Address: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Lot 17, Block B, KAPOK TERRACE, a subdivision according to the plat thereof recorded at Plat Book 36, Page 14 and 15, in the Public Records of Pinellas County, Florida Lot 8, Block J, Kapok Terrace First Addition, according to the plat thereof, as recorded in Plat Book 49, Page 8 of the Public Records of Pinellas County, Florida. Lot 57, Del Oro Gardens, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 74, of the Public Records of Pinellas County, Florida Exhibit B FUTURE LAND USE MAP Owner(s): Araceli C. Cahill , Howard I. Thomas & Theresa J. Thomas, Christopher O. Bronza Case: ANX2017-05010 Site: 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Property Size(Acres): ROW (Acres): 0.658 0.436 Land Use Zoning PIN: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 From : RL, RU R-4 / R-3 Atlas Page: 283A To: RL, RU LMDR 184601404510828 29 30 31 32 33 34 35 36 37 38 6060608080808060 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 606060606020808 05310 20790 45144 45126 05311 C E C D G B A O N J I 234 5 6 7 8 9 10 11 121314151617181920 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 6 7 8 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 2 28 29 30 31 32 35 36 37 38 39 42 43 44 45 46 49 50 51 52 53 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN 1 2 11 12 1 2 3 32/01 31/01 5 22.20 34/01 34/02 1.57 AC(C) AC(C) AC(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD HOYT AVE MERRILL AVE WOLFE RD THOMAS RD GRAND VIEW AVE SAN JOSE ST SAN MAT EO ST SAN PEDRO ST TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N SAN MATEO ST SAN BERNADINO ST LDR II R/OS CG RU RL RH RU RH R/OS CG RL RL RL RL RL RL RU RU RL RL RL RL RU RL RL RL RL RL RU RL RL TER 932 910 906 806 808 816 421 800 601 409 911 928 917 801 809 801 815 511 707 901924 907 405 900 807 510 600 3069310831703164306130303111308030593171317131623025302131213177316931653036304731583060307130313035306531123151304930773041317431683175313630233142313131573048302431653020314230813083303731513046315930243030312531513171310930573025307431743151317731303176313731583044315931133100317631643052316531703030920 916 914 912 908 904 901 800 712 501 701 608 808 923 602 900 915 607 708 701 824 708 315430643035313233058313130343059306530533061304130423067303631273047312030403064316330763125312431503071313731163135307230503131313630533041304731643108315831563073307130553118304131253059302931323114303531193058304131303041312630703136304031133107311330523043305831703112313630773117304030493104304730631001 30763052307030403064304630753119305531243076305331573047306530463120307030533026303531323137307731423040307930313025310230853046312430343136-Not to Scale--Not a Survey-Rev. 5/22/2017 Ordinance No. 9045-17 ORDINANCE NO. 9045 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OR EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3070 GRAND VIEW AVENUE, 3041 HOYT AVENUE, AND 900 MADERA AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning 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. 9043-17. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2017-05010) Ordinance No. 9045-17 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 Legal Descriptions ANX2017-05010 Exhibit A NO. Parcel ID: Legal Description: Address: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Lot 17, Block B, KAPOK TERRACE, a subdivision according to the plat thereof recorded at Plat Book 36, Page 14 and 15, in the Public Records of Pinellas County, Florida Lot 8, Block J, Kapok Terrace First Addition, according to the plat thereof, as recorded in Plat Book 49, Page 8 of the Public Records of Pinellas County, Florida. Lot 57, Del Oro Gardens, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 74, of the Public Records of Pinellas County, Florida Exhibit B ZONING MAP Owner(s): Araceli C. Cahill , Howard I. Thomas & Theresa J. Thomas, Christopher O. Bronza Case: ANX2017-05010 Site: 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Property Size(Acres): ROW (Acres): 0.658 0.436 Land Use Zoning PIN: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 From : RL, RU R-4 / R-3 Atlas Page: 283A To: RL, RU LMDR 184601404510828 29 30 31 32 33 34 35 36 37 38 6060608080808060 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 606060606020808 05310 20790 45144 45126 05311 C E C D G B A O N J I 234 5 6 7 8 9 10 11 121314151617181920 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 6 7 8 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 2 28 29 30 31 32 35 36 37 38 39 42 43 44 45 46 49 50 51 52 53 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN 1 2 11 12 1 2 3 32/01 31/01 5 22.20 34/01 34/02 1.57 AC(C) AC(C) AC(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD HOYT AVE MERRILL AVE WOLFE RD THOMAS RD GRAND VIEW AVE SAN JOSE ST SAN MAT EO ST SAN PEDRO ST TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N SAN MATEO ST SAN BERNADINO ST 932 916 912 908 904 806 712 421 800 601 808 409 923 917 708 801 511 901 405 900 510 600 317031713171316231633025315031693158316431583156316831753136313130243165303731513159317131093157317430263158315931323170920 914 910 906 901 800 808 501 816 701 608 911 602 928 900 915 801 607 809 815 701 824 707 924 907 708 807 3154306930643035310831323305831643131306130343059303031113065305330613041304230803067303631273059304731203040306430763021312531213177312430713137316531163135307230503036313131363047306030533041304730713108307330713031305531183035304130653125311231513059304930773029313231143035311930413174305830413130302331423041312630703157313630403113310731133048305230433058317031123136302031423077311730813083304030493104304630473024306330301001 30763052312530703151304030643046307531193055305731243076302530743053304731513065304631203070305331773130317631373044311330353100317631643052316531373077314230403079303130253102308530463124303431363030-Not to Scale--Not a Survey-Rev. 5/22/2017 LOCATION MAP Owner(s): Araceli C. Cahill , Howard I. Thomas & Theresa J. Thomas, Christopher O. Bronza Case: ANX2017-05010 Site: 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Property Size(Acres): ROW (Acres): 0.658 0.436 Land Use Zoning PIN: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 From : RL, RU R-4 / R-3 Atlas Page: 283A To: RL, RU LMDR DREW ST SR 590 N McMULLEN BOOTH RD BAYVIEW AVE MAXIMO AVE SAN JOSE ST ALAMEDA AVE SAN PEDRO ST MOSS AVE MADERA AVE FLINT DR N MISSION CIR CHAMBLEE LN MISSION DR WE VIRGINIA LN F L I N T D R S BORDEAUX LN F E AT H E R D R RUTH ECKERD HALL DR FLINT DR WHOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N M I S S I O N D R E SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST KINGSWOOD DR ABBEY CT S A N C A R L O S S T -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 5/22/2017 ^ ^PROJECT SITE PROJECT SITES ^ PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Araceli C. Cahill , Howard I. Thomas & Theresa J. Thomas, Christopher O. Bronza Case: ANX2017-05010 Site: 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Property Size(Acres): ROW (Acres): 0.658 0.436 Land Use Zoning PIN: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 From : RL, RU R-4 / R-3 Atlas Page: 283A To: RL, RU LMDR MOSS AVE MOSS AVE MADERA AVE MADERA AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD HOYT AVE HOYT AVE MERRILL AVE MERRILL AVE WOLFE RD WOLFE RD THOMAS RD THOMAS RD KAPOK KOVE DR KAPOK KOVE DR GRAND VIEW AVE GRAND VIEW AVE SAN JOSE ST SAN JOSE ST SAN MATEO ST SAN MATEO ST SAN PEDRO ST SAN PEDRO ST TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE ESAN BERNADINO ST SAN BERNADINO ST LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 5/22/2017 EXISTING SURROUNDING USES MAP Owner(s): Araceli C. Cahill , Howard I. Thomas & Theresa J. Thomas, Christopher O. Bronza Case: ANX2017-05010 Site: 3070 Grand View Avenue 3041 Hoyt Avenue 900 Madera Avenue Property Size(Acres): ROW (Acres): 0.658 0.436 Land Use Zoning PIN: 09-29-16-45126-002-0170 09-29-16-45144-010-0080 09-29-16-20808-000-0570 From : RL, RU R-4 / R-3 Atlas Page: 283A To: RL, RU LMDR 184601404510828 29 30 31 32 33 34 35 36 37 38 6060608080808060 60 207.5 190.5 190.5 207.5 207.5 60 60 60 60 60 60 60 60 60 6060 60202 198 20060 606060606020808 05310 20790 45144 45126 05311 C E C D G B A O N J I 234 5 6 7 8 9 10 11 121314151617181920 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 6 7 8 9 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 2 28 29 30 31 32 35 36 37 38 39 42 43 44 45 46 49 50 51 52 53 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829 303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 55 56 57 53 A B C D E F G H I JKLMN 1 2 11 12 1 2 3 32/01 31/01 5 22.20 34/01 34/02 1.57 AC(C) AC(C) AC(C)MOSS AVE MADERA AVE N McMULLEN BOOTH RD HOYT AVE MERRILL AVE WOLFE RD THOMAS RD GRAND VIEW AVE SAN JOSE ST SAN MAT EO ST SAN PEDRO ST TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST LAKE VISTA DR GLEN OAK AVE N SAN MATEO ST SAN BERNADINO ST 932 916 912 910 906 806 808 712 816 421 800 601 808 409 911 923928 917 801 708 809 801 815 511 707 901924 907 405 900 807 510 600 30693108317031643061303031113080312730593171317131623163302530213121317731243150316931373165305030363047315830603071316431583156303131183035306531253112315130493077304131743168317531363023314231313157304830243170316530203142308130833037315130463159302430303125315131713109305730253074315731743151302631773130317631583044315931133100317631643052316531703030920 914 908 904 901 800 501 701 608 602 900 915 607 701 824 708 315430643035313233058313130343059306530533061304130423067303630473120304030643076312530713116313530723131313630533041304731083073307130553041305930293132311430353119305830413130304131263070313630403113310731133052304330583112313630773117304030493104304730631001 3076305230703040306430463075311930553124307630533047306530463120307030533137303531323137307731423040307930313025310230853046312430343136-Not to Scale--Not a Survey-Rev. 5/22/2017 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Ream Wilson Trail Trail / Softball Fields Retail Sales and Service Retail Sales and Service Multi Family Residential View looking north at the subject property, 3070 Grand View East of the subject property West of the subject property Across the street, to the south of the subject property ANX2017-05010 Araceli C. Cahill 3070 Grand View Avenue View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking west at the subject property, 900 Madera Avenue Across the street, to the east of the subject property West of the subject property Across the street, to the south of the subject property ANX2017-05010 Christopher O. Bronza 900 Madera Avenue View looking easterly along San Jose Street View looking westerly along San Jose Street View looking south at the subject property, 3041 Hoyt Avenue East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-05010 Howard & Theresa Thomas 3041 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3654 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approval of a Development Agreement between Gulfview Lodging, LLP (the property owner) and the City of Clearwater, providing for the allocation of up to 59 units from the Hotel Density Reserve under Beach by Design, adopt Resolution 17-19 and authorize the appropriate officials to execute same. (HDA2017-04001) SUMMARY: Development Proposal: Since the City Council Meeting of Wednesday June 14, 2017 the applicant has revised Sheets A5_2, 3, 6 and 7 of their submittal (elevations) to correct a few scrivener ’s errors. No other changes have been made to the submittal. The current proposal is to demolish all structures on the site and build a seven -floor hotel with 88 hotel rooms (150 units per acre). It is important to note that the proposed number of units (88) is dependent on the vacation of 2,195 square feet of the South Gulfview Boulevard. This point is noted in Section 6.2.4 of the Development Agreement. This area is included in the total site area of 0.59 acres. The applicant intends to request a Termination of Status of Nonconformity as part of a Level II Flexible Development application. Approval of that application (not yet submitted) would render the 32 existing units on the hotel parcel (where 18 are otherwise permitted at 50 units per acre) conforming. The north parcel yields 11 hotel units. Assuming approval of a Termination of Status of Nonconformity request the total number of permitted units would be 43. The 88 total proposed units include those 43 units and an additional 45 units from the Hotel Density Reserve through Beach by Design. The applicant is requesting 59 units from the Reserve in the event a Termination of Status of Nonconformity is either not requested or denied in order to maintain the designed density of 150 units per acre or 88 units. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the June 14, 2017 City Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: §Minimum Lot Area and Width §Minimum Setbacks §Maximum Height §Minimum Off-Street Parking §Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the June 14, 2017 City Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3654 Beach by Design with regard to: §Design Guidelines §Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of up to 59 units from the Hotel Density Reserve; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and §Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to CDC Section 4-606.I., a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and /or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of CDC Section 4-406. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 59 units from the Hotel Density Reserve under Beach by Design. Page 2 City of Clearwater Printed on 7/17/2017 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the _______ day of _______________, 2017, and entered into between GULFVIEW LODGING, LLP (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 0.59 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 88 overnight accommodation units, meeting space for guest use, pool/tiki bar, outdoor café area along Beach Walk, lobby and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, the improvements are the “Project”); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 88 overnight accommodation units, which includes up to 59 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on ______________________, 2017, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 355 S. Gulfview Blvd. and 348 Coronado Dr. as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 88 overnight accommodation units including up to 59 overnight accommodation units from the Hotel Density Reserve and have a density no greater than 150 units per acre. In the event that a Termination of Status of Nonconformity with regard to existing density is approved by the City the Developer will return any unit in excess of the otherwise approved 88 units to the Hotel Density Reserve. 4.2 The Project shall include a minimum of 105 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design. 4.4 The height of the Project shall be up to 100 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. The Developer anticipates submitting an application to terminate the non-conforming status of the Property. If the Community Development Board (CDB) grants the termination of non- conforming status and the developer meets any conditions associated with such approval by the date indicated by the CDB, then the Developer shall return any units in excess of the otherwise approved 88 units to the Hotel Density Reserve. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Outdoor Café Area. The Developer agrees to provide for an outdoor café area along Beach Walk generally consistent with “Exhibit B” to provide activity as envisioned by Beach by Design. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The project shall receive 59 units from the Hotel Density Reserve as defined by Beach by Design. Pursuant to Section 6.1.5, if the Developer obtains approval for and meets all conditions of the Termination of Non- Conforming Status, then the Developer shall return any units in excess of the otherwise approved 88 units to the Hotel Density Reserve. In no way shall this be construed to permit the development density of the Property to exceed 150 units per acre. 6.2.4 The overall number of proposed units density provided for by this Agreement (88 units) is contingent upon the proposed vacation of the 2,195.09 square feet of South Gulfview Boulevard right-of-way within the Beach Walk district. The City shall process a right-of-way vacation ordinance to vacate the 2,195.09 square feet of South Gulfview Blvd. right of way within the Beach Walk district conditioned upon submission of a complete set of building plans for construction of the improvements shown on Exhibit “B”. Regardless of whether or not the vacation is granted the maximum permitted density of the property may not exceed 150 units per acre. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and 8.5 Ordinance vacating the 2,195.09 square feet of South Gulfview Blvd. right- of-way within the Beach Walk district as shown on Exhibit “B.” SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Gulfview Lodging, LLP 505 Riverfront Parkway Chattanooga, Tennessee 37402 With Copy to: Brian J. Aungst, Jr., Esq. 625 Court Street, Suite 200 Clearwater, Florida 33756 If to City: City of Clearwater Attn: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: ___________________________________ ______________________________ __________________________________ Print Name_____________________ Print Name ______________________________ Print Name_____________________ As to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo A. Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2017, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2017, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires EXHIBIT “A” Legal Description LOT 118 and LOT 119, LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LOT 71 and LOT 120, LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. EXHIBIT “B” Conceptual Site Plan EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 2017, by GULFVIEW LODGING, LLP ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution __________, passed and approved on ____________, 2017, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 59 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2017. In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ ___________________________________ ______________________________ Print Name Print Name_____________________ As to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo A. Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2017, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2017, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of _____________, 2017, by GULFVIEW LODGING, LLP (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated ___________, 2017 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this _____ day of ______________, 2017. In the Presence of: _____________________________________ ___________________ ______________________________ By:__________________________________ Print Name_____________________ _________________________________ Print Name ______________________________ Print Name_____________________ As to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo A. Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2017, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2017, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 18'-0"12'-0"THIRD FLOOR +28'-4" FOURTH FLOOR +46'-4" FIFTH FLOOR +58'-4" SIXTH FLOOR +70'-4" ROOF FLOOR +99'-4" TOP OF STRUCTURE +110'-0" GARAGE ENTRANCEENTRANCEENTRANCE 12'-0"12'-0"17'-0"+82'-4"10'-8"GROUND FLOOR EL.= +5'-0" STUCCO VENEER MAX. 42" PARAPET STAIR A TO ROOF DECORATIVE GLASS RAILING TYP. TERRACE BATHROOMS WOOD PANEL TYP. GLASS RAILING TYP. ENTRANCE WOOD CANOPY HOTEL SIGN. WHITE BRICK WOOD TRELLIS ALUMINUM STOREFRONT WINDOWS AND ENTRANCES TYP. CLADDING STAIR B TO ROOF BRONZE FINISH BASE FLOOD 15'-0" NAVD (VE 13) ELEVATOR OVER-RUN 16'-0"VERTICAL CONCRETE PANELS TYP. 2 1 3 TRASH 100' MAX10'-0"SECOND FLOOR +15'-0"13'-3"SEVENTH FLOOR 18'-0"10'-0"12'-0"SECOND FLOOR +15'-0" THIRD FLOOR +28'-4" FOURTH FLOOR +46'-4" FIFTH FLOOR +58'-4" SIXTH FLOOR +70'-4" ROOF FLOOR +99'-4" TOP OF STRUCTURE +110'-0"12'-0"12'-0"17'-0"+82'-4"10'-8"13'-3"GROUND FLOOR EL.= +5'-0" DECORATIVE WOOD PANEL TYP. WHITE BRICK CLADDING ALUMINUM STOREFRONT WINDOWS AND ENTRANCES TYP. GLASS RAILING TYP. VERTICAL CONCRETE PANELS TYP. STUCCO VENEER GLASS RAILING TYP. STAIR B BASE FLOOD 15'-0" NAVD (VE 13) ELEVATOR OVER-RUN +114'-2"5'-4"STAIR A ELEVATOR OVER-RUN TO ROOFTO ROOF WOOD PANELS 100' MAXSEVENTH FLOOR EXTERIOR ELEVATIONS SOUTH ELEVATION 1/16" = 1'-0"1 WEST ELEVATION 1/16" = 1'-0"2 EXTERIOR COLORS WHITE-WASHED BRICK CLADDING WOOD PANELS AND BALCONY DIVIDERS STUCCO PAINTED WHITE 40% GRAY GLASS AND BRONZE FINISHED ALUMINUM FRAME DECORATIVE WOOD PANELS WHITE-WASHED BRICK CLADDING2 1 ENTRANCE WOOD CANOPY3 A5_2 ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: 2340 TERMINAL DR. S. ST. PETERSBURG, FL 33712 inquire@architecturebp.com p. 727 800 5300 A A 26001704 I B 26001704 This drawings is the property of Behar + Peteranecz, inc. and may not be used or reproduced without written permission.BeharPeteraneczARCHITECTURE INTERIORSPROJECT ADDRESS:17.06 DEVELOPMENT AGREEMENT APPLICATIONBEACHWALK INN355 S. GULFVIEW BLVD.CLEARWATER, FL 337671 5/2/2017 CITY COMMENTS 06.01.17 18'-0"12'-0"THIRD FLOOR +28'-4" FOURTH FLOOR +46'-4" FIFTH FLOOR +58'-4" SIXTH FLOOR +70'-4" ROOF FLOOR +99'-4"12'-0"12'-0"17'-0"+82'-4" GROUND FLOOR EL.= +5'-0" ELEVATOR OVER-RUN GLASS RAILING TYP. WOOD TRELLIS STUCCO VENEER MAX. 42" PARAPET WOOD DIVIDERS TYP. STAIR OVER-RUN STAIR A TO ROOF STAIR B TO ROOF TOP OF STRUCTURE +110'-0"10'-8"BASE FLOOD 15'-0" NAVD (VE 13)16'-0"ALUMINUM STOREFRONT WINDOWS AND ENTRANCES TYP. BRONZE FINISH VERTICAL CONCRETE PANELS TYP. 1 2 10'-0"SECOND FLOOR +15'-0"13'-4"SEVENTH FLOOR 18'-0"12'-0"THIRD FLOOR +28'-4" FOURTH FLOOR +46'-4" FIFTH FLOOR +58'-4" SIXTH FLOOR +70'-4" ROOF FLOOR +99'-4" TOP OF STRUCTURE +110'-0"12'-0"12'-0"17'-0"+82'-4"10'-8"GROUND FLOOR EL.= +5'-0" BASE FLOOD 15'-0" NAVD (VE 13) STUCCO VENEER STAIR B TO ROOF WOOD TRELLIS WOOD PANELS STUCCO VENEER WOOD PANELS GLASS RAILINGS DECORATIVE WOOD PANEL TYP. STAIR A ELEVATOR OVER-RUNS GLASS RAILINGS GLASS RAILING TYP. ELEVATOR OVER-RUN +114'-2"5'-4"TO ROOF 16'-0"ALUMINUM STOREFRONT WINDOWS AND ENTRANCES TYP. BRONZE FINISH ALUMINUM STOREFRONT WINDOWS AND BRONZE FINISH ENTRANCES TYP. WOOD PANELS 100' MAX10'-0"SECOND FLOOR +15'-0"13'-4"SEVENTH FLOOR EXTERIOR ELEVATIONS NORTH ELEVATION1 EAST ELEVATION 1/16" = 1'-0"2 1/16" = 1'-0" EXTERIOR COLORS WHITE-WASHED BRICK CLADDING WOOD PANELS AND BALCONY DIVIDERS STUCCO PAINTED WHITE 40% GRAY GLASS AND BRONZE FINISHED ALUMINUM FRAME WOOD DIVIDERS PANELS VERTICAL CONCRETE PANELS2 1 A5_3 ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: 2340 TERMINAL DR. S. ST. PETERSBURG, FL 33712 inquire@architecturebp.com p. 727 800 5300 A A 26001704 I B 26001704 This drawings is the property of Behar + Peteranecz, inc. and may not be used or reproduced without written permission.BeharPeteraneczARCHITECTURE INTERIORSPROJECT ADDRESS:17.06 DEVELOPMENT AGREEMENT APPLICATIONBEACHWALK INN355 S. GULFVIEW BLVD.CLEARWATER, FL 337671 5/2/2017 CITY COMMENTS 06.01.17 18'-0"12'-0"THIRD FLOOR+28'-4"FOURTH FLOOR+46'-4"FIFTH FLOOR+58'-4"SIXTH FLOOR+70'-4"ROOF FLOOR+99'-4"TOP OF STRUCTURE +110'-0"GARAGE ENTRANCEENTRANCEENTRANCE12'-0"12'-0"17'-0"SEVENTH FLOOR+82'-4"10'-8"GROUND FLOOREL.= +5'-0"BASE FLOOD15'-0" NAVD(VE 13)TRASH100' MAX100' MAX 10'-0"SECOND FLOOR+15'-0"13'-3" 18'-0"12'-0"THIRD FLOOR+28'-4"FOURTH FLOOR+46'-4"FIFTH FLOOR+58'-4"SIXTH FLOOR+70'-4"ROOF FLOOR+99'-4"TOP OF STRUCTURE +110'-0"12'-0"12'-0"17'-0"+82'-4"10'-8"GROUND FLOOREL.= +5'-0"BASE FLOOD15'-0" NAVD(VE 13)ELEVATOR OVER-RUN+114'-2"5'-4" 100' MAX100' MAX 10'-0"SECOND FLOOR+15'-0"13'-3"SEVENTH FLOORGLAZINGOPENINGSDECORATIVE PANELS6,753 SF4,060 SF6,075 SF16,888 SFTOTAL23,027 SFFACADE AREA:PERCENTAGE:16,888/ 23,027 = 73% GLAZINGOPENINGSDECORATIVE PANELS4,863 SF2,758 SF3,853 SF11,474 SFTOTAL15,589 SFFACADE AREA:PERCENTAGE: 11,474/ 15,589 = 73% EXTERIORELEVATIONSSOUTH ELEVATION1/16" = 1'-0"1WEST ELEVATION1/16" = 1'-0"2A5_6ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:2340 TERMINAL DR. S.ST. PETERSBURG, FL 33712inquire@architecturebp.comp. 727 800 5300A A 26001704 I B 26001704This drawings is the property of Behar +Peteranecz, inc. and may not be used orreproduced without written permission.BeharPeteranecz ARCHITECTURE INTERIORSPROJECT ADDRESS:17.06DEVELOPMENT AGREEMENTAPPLICATIONBEACHWALK INN 355 S. GULFVIEW BLVD. CLEARWATER, FL 3376715/2/2017CITY COMMENTS06.01.17 18'-0"12'-0"THIRD FLOOR+28'-4"FOURTH FLOOR+46'-4"FIFTH FLOOR+58'-4"SIXTH FLOOR+70'-4"ROOF FLOOR+99'-4"12'-0"12'-0"17'-0"+82'-4"GROUND FLOOREL.= +5'-0"TOP OF STRUCTURE +110'-0"10'-8"BASE FLOOD15'-0" NAVD(VE 13)16'-0" 100' MAX 10'-0"SECOND FLOOR+15'-0"13'-4"SEVENTH FLOOR18'-0"12'-0"+17'-0"THIRD FLOOR+28'-4"FOURTH FLOOR+46'-4"FIFTH FLOOR+58'-4"SIXTH FLOOR+70'-4"ROOF FLOOR+99'-4"TOP OF STRUCTURE +110'-0"12'-0"12'-0"17'-0"+82'-4"10'-8"GROUND FLOOREL.= +5'-0"BASE FLOOD15'-0" NAVD(VE 13)100' MAX ELEVATOR OVER-RUN+114'-2"5'-4" 16'-0" 100' MAX 10'-0"SECOND FLOOR+15'-0"13'-4"SEVENTH FLOORGLAZINGOPENINGSDECORATIVE PANELS2,252 SF6,822 SF5,710 SF14,784 SFTOTAL24,099 SFFACADE AREA:PERCENTAGE: 14,784/ 24,099 = 61% GLAZINGOPENINGSDECORATIVE PANELS4,075 SF3,181 SF3,869 SF11,125 SFTOTAL14,409 SFFACADE AREA:PERCENTAGE:11,125/ 14,409 = 77% EXTERIORELEVATIONSNORTH ELEVATION1EAST ELEVATION1/16" = 1'-0"21/16" = 1'-0"A5_7ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:2340 TERMINAL DR. S.ST. PETERSBURG, FL 33712inquire@architecturebp.comp. 727 800 5300A A 26001704 I B 26001704This drawings is the property of Behar +Peteranecz, inc. and may not be used orreproduced without written permission.BeharPeteranecz ARCHITECTURE INTERIORSPROJECT ADDRESS:17.06DEVELOPMENT AGREEMENTAPPLICATIONBEACHWALK INN 355 S. GULFVIEW BLVD. CLEARWATER, FL 3376715/2/2017CITY COMMENTS06.01.17 355 S. Gulfview Blvd 2017 1 Beach by Design Criteria A. Density: DESIGN RESPONSE: The project will maintain an overnight accommodation density of 150 units per acre based on a 0.59 acre parcel. The total number of units proposed for overnight accommodations is 88. B. Height & Separation: DESIGN RESPONSE: 1. Height: The highest base flood elevation on site is (VE) 13 feet. The maximum allowable building height is 100’-0” above the base flood elevation. The requested building height is 100’-0” above the Design Flood Elevation (DFE) of 15.00 FT. (BFE: VE 13 + 2’ Freeboard.), to top of roof of the Roof-top amenity area, and 100’-0” to top of roof top mechanical and stair towers. 2. Separation: The proposed hotel is at 100’, no separation requirements apply. 3. Floor plate: a. Between 45 feet in height and 100’ there is no part of the floorplate that exceeds 25,000 square feet. The typical floorplate above the 3rd floor is approximately 13,400 square feet. b. The mass and scale of the design creates a stepped and tiered effect and the maximum building envelope above 45 feet is 52% volumetrically, significantly below the 75% allowance for buildings with units allocated from the Hotel Pool. C. Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: The massing of the proposed project is comprised of an “L” shaped building with a narrow 38’ wide leg along 5th Street and the wider (68’ wide) leg along Coronado 355 S. Gulfview Blvd 2017 2 Drive, sitting on a 2-story 24’ tall parking base, and intersecting at the corner of 5th and Coronado. The 2-story parking garage extends southward along Coronado Dr. The intent of this portion of Beach by Design is to avoid boxy static building designs; this building incorporates significant movement and massing articulation and provides for a varied and energetic massing design. See attached plans and elevations, 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: The proposed building design adds many steps to the building facades such that no one surface is longer than 100 feet without a break in the façade. See attached plans and elevations; there is an exception to this for the eastern and western garage facades and along the 5th Street parking ramp. The ramp is longer than 100 feet and notching the building is not practical given the narrow dimension of the property and our desire to maintain the minimum required 5’ side yard setback. Adding a building offset at this façade would either reduce the side setback to below 5’ or reduce the parking on each of the parking levels. We visually broke up the length of this one area of the building with articulated openings and decorative concrete wall panels. This portion of the building is also the lowest, at 24’, and least imposing on the surrounding properties. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: In the proposed elevation design, a significant portion of each façade is composed of windows, balconies, wood screens and articulated façade elements. The result is that over 70% of each of the primary façades is covered in windows and/or architectural decoration and the minor North elevations meets the 60% requirements through decorative panels. West Elevation: 26,310 SF area > 11,153 SF opening and decoration = 72% East Elevation: 14,409 SF area > 11,150 SF opening and decoration = 77% North Elevation: 24,099 SF area > 14,508 SF opening and decoration = 60% South Elevation: 23,027 SF area > 16,855 SF opening and decoration = 73% See attached plans and elevations 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in 355 S. Gulfview Blvd 2017 3 those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: The proposed design occupies 52% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: The building height is 95’ under the 100’ height, as dictated in Beach by Design. The height and mass of the building meets the design standards of Beach by Design. The massing of the building allows for landscape buffer areas of 12 feet along 5th Street, and 15’ along Coronado Dr. In addition to the greenspace surrounding the building the landscape design concept calls for 10’ wide public sidewalk on 5th Street and 7’ on Coronado Drive, and hardscape plazas at the hotel entry. See attached plans and elevations, 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. DESIGN RESPONSE: The building will be designed to provide the public, hotel related uses, and a mix of overnight accommodation space, typical for a limited service hotel. The majority of the common spaces within the Hotel are intended strictly for the use of the hotel guests, and are typical uses and sizes for a Limited Service Hotel. Currently we are allocating 1,200 sq.ft. for a rooftop Tiki Bar as an accessory space. All other proposed common spaces within the hotel are those typical for the exclusive use of the hotel. The Tiki Bar totals 1.5% of the Hotel area, significantly less than the 10% accessory allowance. D. Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: DESIGN RESPONSE: a) Fifteen feet (15') along arterials, and (Proposed 15.00’ on Coronado Drive), 0.00 ft on Gulfview Blvd., and 12’ on 5th Street. 355 S. Gulfview Blvd 2017 4 b) Twelve feet (12') along local streets. (Proposed 12.00’ on 5th Street) The 5th Street setback is equal to the 12’ setback prescribed in BbD. 2. Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. DESIGN RESPONSE: 5’ and 10’ setbacks proposed. 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive and Hamden Drives shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: Along Coronado Drive, the proposed building is setback back 15’ from the ROW line and has an additional 15’ stepback at 25’ (above BFE) for approximately 75% of the building frontage. Please see Elevations, plans, and isometric massing study. b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A 355 S. Gulfview Blvd 2017 5 c. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. DESIGN RESPONSE: The neighboring buildings along Coronado Drive are low rise buildings and the proposed design does not mimic or mirror the existing buildings. e. Required step backs shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: The required step backs span approximately 77% of the building frontage along Coronado Drive. The proposed design brings certain appropriate and reasonable portions of the building forward to create appropriate mass, presence and a sense of entry along Coronado Dr. and 5th Street. Overall the entire façade steps back at the 23’ level, with a portion of the building, at the corner of 5th and Coronado stepping forward. This is to accent the corner and add the required 100’ offset. E. Street-Level Facades The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. at least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a) street level facade means that portion of a building facade from ground level to a height of twelve feet (12') DESIGN RESPONSE: At least 60% of the street level facades are transparent. The facades include significant amount of glazed storefront at the building entry as well as the Porte Cochere and building entrance on 5th, and along Hamden Drive the view into the garage is decoratively screened with metal green screening. Additionally, as defined below, the buildings are setback approximately 15 feet or more from all three street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, 355 S. Gulfview Blvd 2017 6 b) transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or yardscaped courtyard DESIGN RESPONSE: The buildings step back 15 feet or more from all three street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, c) parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. be modulated to coordinate with the general rhythm and pattern of the other building façade openings and windows. See attached plans and elevations, 2. Window coverings, and other opaque materials may cover not more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: Because this building is situated in the VE Flood zone, other than the building entry and elevator lobby there are no other uses on the ground floor other than entry and vehicle use areas. Not more than 10% of the area of any street-level windows are opaqued, 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: The Primary building entrance is at the West end of the building along 5th Street. The entrance is via a large motor court with sidewalk access along the west side of the Porte cochere and a direct link to the beach walk at the north side of the Porte 355 S. Gulfview Blvd 2017 7 cochere. We are also proposing a sidewalk café type of area between beach walk and the building face, visually connecting to the entry and Porte cochere.. There is sidewalk access from the 5th street sidewalk as well as from the existing Beach-walk path. Pedestrian 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: The design proposes a cantilevered wood trellis 5th Street hotel entry and Porte Cochere. These façade articulations will serve to identify the available hotel activity areas and entrances. See attached plans and elevations F. Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. The lighting within the garages shall conform to the City of Clearwater Code. G. Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. 355 S. Gulfview Blvd 2017 8 DESIGN RESPONSE: Signage shall be designed per code and a comprehensive signage package submitted for approval along with the building permit. H. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that: 1. movement of pedestrians along the sidewalk is not obstructed; and 2. on-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Sidewalks are proposed for 7’ wide along Coronado Drive, to match existing adjacent and 10 foot wide on 5th Street. Landscaping shall be designed per code and shall be submitted for approval at DRC application. I. Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Street Benches and trash receptacles area proposed along Coronado Drive and 5th Street and shall be designed per code and submitted for approval at building permit. We are proposing to install a bicycle rack within the Porte cochere area. 355 S. Gulfview Blvd 2017 9 J. Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting, it has not been decided if lighting is to be provided, if the ownership determines that they wish to provide street lighting, it shall be designed per code and submitted for approval at building permit. K. Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: a. Tall enough to limit unsupervised access by small children, and b. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: There are no fountains planned for the property, at this time. L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or Coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. 355 S. Gulfview Blvd 2017 10 DESIGN RESPONSE: The design is primarily Coastal Contemporary and is primarily white stucco with warm, natural colored wood building panels and wood balcony separation panels. At the first two floors and primarily at the Porte Cochere The columns and walls are to be whitewashed brick, to provide a more organic “homey” texture. The parking is primarily shielded by decorative vertical concrete panels, spaced adequately to shield the vehicles from view while still providing adequate ventilation. All colors are anticipated to follow the BbD color palate. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; or c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating paver styles as well as concrete. 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: Concrete street benches are being proposed along Coronado Drive. Designs shall be coordinated with City staff. 4. Color Palette A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: The building shall utilize the BbD color palates and natural wood tones. UPDATED 06-02-2017 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Active 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is Active 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is Active 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 5/24/2015 HDA2014-04002 / FLD2013-11038 / FLD2014-06019 site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is Active. 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 6/23/2017 DVA2013-02001 / FLS2013-02006 Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Active; BCP2016-01459 - issued 03-29-2016 and is Active. Total Rooms Allocated from Reserve 463 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 2/29/2015 FLD2012-03008 / DVA2012-03001 one year time extension granted - FLD2012-03008 expires 09-16-14; BCP2014-08618 issued 08/13/2015; Permit Status is HOLD - Two Partial Passes and Two Failed inspections. 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 11/16/2017 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 08-05-2016; BCP not submitted as of 10-14-16 353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/19/2015 4/21/2017 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; expires April 21, 2017; BCP not submitted as of 10-14-16 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 3/22/2018 HDA2013-08006 / FLD2015-05016 FLD2015-05016 time extension granted 08-12-2016; BCP not submitted as of 10-14-16 401 South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 401 South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 9/24/2016 11/16/2017 HDA2015-06001/FLD2015-09036 40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 10/23/2015 4/21/2017 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; expires April 21, 2017; BCP not submitted as of 10-14-16 706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15- 2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council June 14 and July 20, 2017 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A 11/20/2014 11/20/2015 6/4/2017 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; Time extenstion ganted on 09-20-16; BCP not submitted as of 10-14-16 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 12/17/2015 12/17/2017 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; expires December 17, 2017; BCP not submitted as of 10-14-16 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2015 5/17/2018 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 08-12-2016; BCP not submitted as of 10-14-16 657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 Total Rooms Allocated from Reserve 843 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A HDA2017-04001 Total Rooms Pending Allocation 59 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,306 Total Rooms Pending Allocation 59 Total Remaining For Allocation 20 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Agreement terminated; removed from top two tables; does not count towards rooms allocated. Total Rooms Returned 69 HOTEL DENSITY RESERVE PROJECTS - EXPIRED AND RETURNED TO THE RESERVE FLD2015-09036; time extension granted 08-12-2016 permits not submitted as of 10-14-16 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. HOTEL DENSITY RESERVE PROJECTS - APPROVED HOTEL DENSITY RESERVE PROJECTS - PENDING HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227100 Resolution No. 17-01 RESOLUTION NO. 17-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND GULFVIEW LODGING, LLP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with GULFVIEW LODGING, LLP; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and GULFVIEW LODGING, LLP, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2017. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: Res 17-23 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Authorize an agreement between the City of Clearwater and Forward Pinellas, to receive a Complete Streets Concept Planning Grant in the amount of $50,000 to prepare a Complete Streets Concept Plan for Drew Street from North Osceola Avenue to US Highway 19, authorize the appropriate officials to execute same and adopt Resolution 17-23. SUMMARY: On October, 3, 2016, Forward Pinellas sent out a call for Complete Streets projects, asking local governments to submit applications to request funding for their Complete Streets projects. The Forward Pinellas Complete Streets Program provides annual, competitive funding for both the planning and construction of Complete Streets projects countywide. The Planning and Development Department had submitted an application for a Complete Street Concept Plan for Drew Street from North Osceola Avenue to US Highway 19. The City’s primary goal for this Project is to develop a Complete Streets Concept Plan that will enhance safety, mobility, and accessibility while considering character criteria of Drew Street corridor. The Project has the strong support of local communities who asked the City to pursue the Forward Pinellas Complete Streets grant. Residents, businesses, and schools see the potential to make Drew Street safer, more livable, and a better street for commerce. Complete Street improvements on Drew Street would work in harmony with a broad spectrum of city and countywide plans, especially those addressing designated activity centers on both ends of the Project. The estimated cost of Complete Street conceptual planning for the 4.2-mile Project is $100,000. This project will complement Forward Pinellas’s SR-60 Corridor Multimodal Implementation Strategies Plan project currently underway. The Drew Street Concept Plan is expected to comprehensively guide the corridor layout design improvements by utilizing the principles of Complete Streets, and will further support other City initiatives by establishing the best approach to develop a Citywide Complete Streets Implementation Plan. On March 8, 2017, Forward Pinellas selected the City to receive one of the Complete Streets grants in the amount of $50,000 to be matched by the City through direct funding and in-kind services. The grant funding will be used for consulting services to produce a comprehensive concept plan and provide assistance in the project’s community outreach and stakeholders’ engagement activities. Resolution 17-23 Exhibit A is the Memorandum of Agreement between the City and Forward Pinellas. The City would be contractually obligated to complete the project activities by July 1, Page 1 City of Clearwater Printed on 7/17/2017 File Number: Res 17-23 2018 consistent with the scope of work that is part of the agreement. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-0142 0-530100, Professional Services , to fund the City’s portion of this agreement. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2017 1 Resolution No. 17-23 RESOLUTION NO. 17-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING AN AGREEMENT, AS ATTACHED IN EXHIBIT A, BETWEEN THE CITY OF CLEARWATER (THE CITY) AND FORWARD PINELLAS ACCEPTING A COMPLETE STREETS CONCEPT PLANNING GRANT TO DEVELOP A CONCEPT AND DESIGN PLAN FOR DREW STREET (S.R. 590) FROM NORTH OSCEOLA AVENUE TO US HIGHWAY 19; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the term Complete Streets describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, riders and drivers of public transportation, as well as drivers of other motor-vehicles, and people of all ages and abilities; and WHEREAS, Complete Streets are essential in providing safe routes to school for children; and WHEREAS, The Florida Department of Transportation (FDOT) adopted a Complete Streets policy in 2014 to promote safety, quality of life, and economic development in Florida; and WHEREAS, Forward Pinellas recently developed an incentive program to assist local governments in planning, designing and constructing Complete Streets projects that entail roadway redesign to provide better access, safety, and mobility for all users, with emphasis on projects that serve as an economic catalyst within corridors or activity centers; and WHEREAS, the City acknowledges the benefits and value of the public health and welfare of reducing vehicle miles travelled and increasing transportation by walking, bicycling, and public transportation; and WHEREAS, a balanced urban community requires a comprehensive, integrated, network of roadways designed and planned from a sustainable whole systems approach that is also sensitive to the context and needs of differing city neighborhoods, providing equal access to transportation options for all users; and WHEREAS, the City Council wishes to encourage walking, bicycling, and the use of public transportation as safe, convenient, environmentally friendly, and economical modes of transportation that promote health and independence for all people; and WHEREAS, the City Council recognizes that the careful planning and coordinated development of Complete Streets infrastructure offers long-term cost Resolution No. 17-232 savings for local and state government, benefits public health, and provides financial benefits to property owners, businesses, and investors; and WHEREAS, Drew Street (S.R. 590) is a multi-jurisdictional east-west roadway traversing the City that is operated by Pinellas County, FDOT, and the City, with mostly four narrow undivided travel lanes from N. Osceola Avenue to Saturn Avenue and four divided lanes from Saturn Avenue to US Highway19; and WHEREAS, the City of Clearwater Comprehensive Plan Citywide Design Structure identifies Drew Street as a Redevelopment Corridor that needs character changes or restoration to create a better condition and supports creating walkable communities and livable neighborhoods on Drew Street from Myrtle Avenue to US Highway 19; and WHEREAS, representatives of the Skycrest Neighborhood Association and other interested citizens approached the City requesting the City’s participation in the Forward Pinellas Complete Street Grant Program for the development of a Complete Streets conceptual design plan for Drew Street; and WHEREAS, the City desires to develop a Complete Streets concept and design plan for Drew Street (S.R. 590) from North Osceola Avenue to US Highway 19 (hereinafter referred to as the Project), which could serve to enhance the connectivity between the City’s Downtown Community Redevelopment Area and the US 19/Drew Street Activity Center, if the City elects to implement the plan; and WHEREAS the City Council wishes to encourage public participation in community decisions concerning street design, and the Project would provide opportunities for public input in the development of Complete Streets concept designs; and WHEREAS, an agreement is required, establishing the agreed payment not to exceed fifty thousand dollars ($50,000.00) and the scope of the grant; and WHEREAS, the grant agreement (the Agreement) between the City and Forward Pinellas, attached as Exhibit “A,” details the scope of responsibility between Forward Pinellas and the City as part of the Complete Streets Concept Planning Grant program; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City approves the Agreement, as attached in Exhibit “A,” accepting the Forward Pinellas Complete Streets Concept Planning Grant in an amount not to exceed fifty thousand dollars ($50,000.00) and authorizing appropriate City officials to take all necessary action as may be necessary or appropriate to perform all Resolution No. 17-233 obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2017. __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3666 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Planning & Development Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Authorize a contract between Property Registration Champions Corp., a Florida Corporation and a Community Champions Company, and the City of Clearwater to manage the City’s Foreclosure Property Registry utilizing collected registration funds and authorizes the appropriate officials to execute same. (consent) SUMMARY: Since 2006, a significant number of properties have gone through foreclosure in the City of Clearwater. At present, there are over 700 properties in active foreclosure and 256 owned by banks. Because many properties in the foreclosure process often become neglected and /or unsecured, they can have serious negative impacts on the surrounding neighborhood and create conditions which invite criminal activity and foster an unsafe and unhealthy environment for children. Due to the difficulty in determining the party responsible for maintenance during foreclosure, City Council reviewed and approved the proposed Foreclosure Property Registry Ordinance 8996-17 in March 2017. Upon implementation of the ordinance, Planning and Development Department proposes a partnership and contract with Community Champions a proven company for managing foreclosure registry programs. At this time Community Champions is the only third party Foreclosure Registry Administrator in the State of Florida. Pursuant to City Code Section 2.564(b) Exceptions to Bid and Quotation Procedure, Community Champions is a sole source and therefore these services are exempt from bidding. Community Champions property registration program will search foreclosure data from 4 sources and identify all obligations to register property. Their search identifies a public notice of default, lis pendens, foreclosure action, and those that take title to real property via foreclosure or some other legal means. Community Champions will notify the responsible parties of the Ordinance required registration and collect the required $200.00 yearly fee. Community Champions collects the fee and retains $100.00 of each collected registration fee and will remit the balance to the City of Clearwater in consideration of the services provided . There are no additional fees for the City. Community Champions shall forward payment of the City’s portion of the registration fee to the City ’s Finance Department no later than the 15th day of the following month during the term of this Agreement. Community Champions responsibilities will commence on the effective date of this agreement . The contract between Community Champions and the City of Clearwater provides more analysis of each aspect of the proposed amendment. APPROPRIATION CODE AND AMOUNT: (N/A) USE OF RESERVE FUNDS: (N/A) Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3666 Page 2 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3664 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Provide direction on the Downtown Redevelopment Plan update. (WSO) SUMMARY: The Clearwater Downtown Redevelopment Plan (2004) is the guiding future land use plan and redevelopment plan for the Downtown Planning Area. The Planning and Development Department is currently preparing updates to the document, and concurrently drafting amendments to the Downtown (D) District within the Community Development Code. The goal of this update is to reaffirm the vision for Downtown and streamline and further incentivize the redevelopment process. This project also provides an opportunity to address changes in conditions and issues identified by the community and staff with implementing the Plan, as well as to integrate other completed plans (i.e. Imagine Clearwater, North Marina Area Master Plan, and East Gateway District Vision Plan). The Planning and Development Department has hosted two community meetings providing an update on the project. At the first meeting in April, staff presented the Guiding Principles, Vision, and four overarching Goals and utilized feedback display boards with visual preference voting to gain public input. In May, staff presented the proposed changes to the Character District entitlements and provided an update on the direction proposed for the Downtown (D) District. The feedback was overwhelmingly positive for the proposed changes. The Planning and Development Department is seeking input from City Council on substantive changes to the Downtown Plan, including: ·Affirmation of Vision for Downtown, Guiding Principles and Goals. ·Increases in density to facilitate development that is compatible with downtown neighborhoods. ·Elimination of lot consolidation requirements to promote forms of development that retain desired neighborhood character. ·Revisions to height to clarify inconsistent policies in certain Character Districts. ·Expansion of Old Bay District boundaries to include the North Marina Area Master Plan area. ·Amendments to the Future Land Use designation for areas within the Downtown Planning Area not currently Central Business District. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3664 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2017 DowntownUpdateUpdateJuly 17, 2017Planning & Development Department |1CITY OF CLEARWATER Where Are We in the Update? •Two Community Meetings To Date•Downtown Redevelopment Plan Is Close to Completion•Downtown Zoning District Still In Progress |2CITY OF CLEARWATER What is the Downtown Redevelopment Plan?•Acts as the Guiding Plan for the Downtown Planning AreaPlanning Area•Sets the Goals and Vision for the Downtown•Establishes the EntitlementsDi t P i t D l t d Cit A ti•Directs Private Development and City Actions|3CITY OF CLEARWATER Entire Scope of Project•Update and Affirm Plan Vision and Guiding Principles•Revise Goals, Objectives and Policies•Review Character District Boundaries and VisionReview Character District Boundaries and Vision•Review Development Potential and Height•Remove Design Guidelines•Update Data and Reorganize Document|4CITY OF CLEARWATER |5CITY OF CLEARWATER Community Meeting - April 26Reaffirmed the Vision and GoalsVisual Preference and Feedback Boards|6CITY OF CLEARWATER Downtown Redevelopment PlanVision and Guiding Principles•Vision StatementDowntown Clearwater will thrive as the as the center of business and government, and as anattractive place to live work and playA revitalizedurban core and heart of the City,attractive place to live work and playan attractive place to live, work and playA revitalized Downtown will be achieved through the continued quality urban designcontinued creation of high quality public realm, d d d li bl tt hi h ill t th thattractive place to live, work and play. quality urban design,and a dense and livable pattern which will strengthen the overall health of the City. |7CITY OF CLEARWATER Downtown Redevelopment PlanVision and Guiding Principles•14 Guiding PrinciplesgpAuthenticEconomic CenterLinked SuccessIntegrated VarietyRetail GridRetail GridPrimarily Pedestrian Waterfront & Harbor|8CITY OF CLEARWATERWaterfront & Harbor Downtown Redevelopment PlanVision and Guiding Principles•14 Guiding Principles, continuedgp,Urban Design Pinellas Trail PkOPark Once ArtsAdaptive ReusePark Once Adaptive Reuse EnvironmentResilienceEnvironmentResilience|9CITY OF CLEARWATERResilience Resilience People Goal•Downtown shall be a place that attracts residents, visitors, businesses and their ldblthdltfemployees and enables the development of community. The City shall encourage a vibrant and active public realm exciting recreation andand active public realm, exciting recreation and entertainment, and support the community and neighborhoods. g|10CITY OF CLEARWATER Accessibility Goal •Downtown will be a connected network with mobility choices where both people and vehicles can move throughout Downtown safely andcan move throughout Downtown safely and effectively. This will be strengthened through compact and mixed use development that ppenhances the ability of people to make trips to satisfy their daily needs by any combination of transportation modestransportation modes. |11CITY OF CLEARWATER Amenity Goal•Downtown will be a memorable place to be enjoyed that enhances jyClearwater’s waterfront location, natural resources, built environment and history. |12CITY OF CLEARWATER Urban Design Goal•Downtown will be a dynamic built environment of dense and livable patterns, active and attractive streets, achieved through quality urban design gq y gand architecture. |13CITY OF CLEARWATER Community Meeting - May 31Character Districts and Display BoardsIntroduced Changes to Downtown Zoning|14CITY OF CLEARWATER Downtown Redevelopment PlanCharacter Districts•Downtown Core•Old Bay•Prospect Lake•Downtown Gatewayy•South Gateway |15CITY OF CLEARWATER Downtown Core Character District|16CITY OF CLEARWATER Downtown Core Character District•Height, unlimited•FAR 4.0Proposed: •70 Dwelling Units Per Acre •95 Overnight Units Per Acre•75 du/ac•125 ov/acg(TBD)|17CITY OF CLEARWATER Old Bay Character District|18CITY OF CLEARWATER Old Bay Character District•Parcels Fronting on N Ft Harrison and Westward•Parcels Fronting on N Ft Harrison and Westward•FAR 1.0•<2 Acres 25 du/acProposed: FAR 1.0 2 Acres 25 du/ac •≥ 2 Acres 50 du/acFAR 1.0 35 du/ac 50 du/ac for Mixed Use|19CITY OF CLEARWATER Old Bay Character District•Parcels Eastward of N Ft Harrison Ave•Parcels Eastward of N Ft Harrison Ave•FAR 0.5•<1 Acre 7.5du/ac•Proposed: •FAR 0 5<1 Acre 7.5 du/ac •≥ 1 Acres 25 du/ac•FAR 0.5 •35 du/ac|20CITY OF CLEARWATER Old Bay Character District•West of N Osceola Ave and North of Seminole Blvd•50 Overnight Units Per Acre•Excluding Properties Fronting on Cedar St. gp gCedar St. |21CITY OF CLEARWATER Old Bay Character District•HeightHeightCtlMStCurrently More Steps Transitioning From 150 To 50 feet DisconnectTo 50 feet. Disconnect Between Height and Entitlements and Existing Character. |22CITY OF CLEARWATER Prospect Lake Character District TLkTown LakeResidential Town LakeBusinessBusinessPark|23CITY OF CLEARWATER Prospect Lake Character District •FAR 1.0•30 Dwelling Units Per Acre Proposed:•40 Overnight Units Per Acre•50 du/ac•80 ov/ac(TBD)|24CITY OF CLEARWATER Prospect Lake Character District •HeightCtl75FtBtCurrently 75 Feet, But Reduced Through Vague PoliciesVague Policies. Setting Clear andSetting Clear and Appropriate Maximum Heights.Heights. |25CITY OF CLEARWATER Downtown Gateway Character District|26CITY OF CLEARWATER Downtown Gateway Character District•Intensity and Density •FAR 0.55Proposed•30 Dwelling Units Per Acre •40 Overnight Units Per Acre•35 du/ac•50 ov/acg(TBD)•Or Per Future Land Use Category |27CITY OF CLEARWATER Downtown Gateway Character District•HeightCurrently Varies byCurrently Varies by Use and Zoning.|28CITY OF CLEARWATER South Gateway Character District |29CITY OF CLEARWATER South Gateway Character District•Height 50 Feet•FAR 1.02A 25d /Proposed: •35 du/ac or 60 ov/ac(TBD)Mi d U 50 d /•<2 Acres 25 du/ac•≥ 2 Acres 35 du/ac, Residential Only •≥2 Acres 50 du/ac Mixed Use•Mixed Use 50 du/ac•≥ 2 Acres 50 du/ac, Mixed Use|30CITY OF CLEARWATER Summary of Plan Update•Reaffirm Vision and Principles•Incorporate PlansE d Old B•Expand Old Bay•Combine Prospect Lake and Amend FLU •Amend FLU Downtown Gateway•Amend FLU Downtown Gateway•Eliminate Lot Consolidation Requirements and Increase Density Make Existing PropertiesMake Existing Properties and Buildings More Viable and Better P Nihb h d|31CITY OF CLEARWATERPreserve Neighborhood Character Thank youThank youPlease contact: Ellen Crandall Planning & Development Department562-4836Ellen.Crandall@myclearwater.com |32CITY OF CLEARWATER DowntownUpdateUpdateJuly 17, 2017Planning & Development Department |33CITY OF CLEARWATER Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3665 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award Invitation to Bid 25-17, Antiscalant, to American Water Chemicals Inc. of Plant City, FL in the annual amount of $60,000, including two one-year term extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: American Water Chemicals Inc. provides chemical products to the water treatment industry . Antiscalant is a water treatment chemical used to inhibit the formation of scale for water being purified by the Reverse Osmosis (RO) treatment process. Antiscalant is utilized at the two Water Treatment Plants for treating drinking water. The product specified at RO 1 is a Phosphonated Antiscalant. The Product specified for RO 2 is a non-phosphonated product . The constituents in the water at RO 1 are different than at RO 2. RO1 needs a product capable of chealating iron vs. RO2 does not. Since the concentrate from RO 1 is reused at RO2, a phosphonated product cannot be used or it causes a phosphate overload which causes phosphate to precipitate out of solution and clog the RO membranes at RO2. On June 22, 2017, four bids were received in response to Invitation to Bid #25-17, Antiscalant, for two different types of Antiscalant. American Water Chemicals Inc. is the lowest, most responsive bidder with the cost of phosphonated Antiscalant at $0.66/lb for use at RO1 and the cost of non-phosphonated Antiscalant at $0.66/lb for use at RO2. The contract will be effective for an initial one -year period for an annual amount of $60,000.00, with two, one-year renewal options. Years two and three allow for cost increases based on the Producer Price Index (PPI), not to exceed 5% of the prior annual amount. APPROPRIATION CODE AND AMOUNT: 0421-02053-551000-533-000-0000 $15,000.000 FY16/17 0421-02053-551000-533-000-0000 $45,000.000 FY17/18 Sufficient funding is available in the Water & Sewer Utility Fund operating cost center 0421-02053, Water Production, in the amount of $15,000.000 to fund the current fiscal year’s cost of the contract. The funding for the remaining balance of $45,000.00 occurring in fiscal year 2018 will be included in the Water & Sewer Utility Fund recommended operating budget from the Public Utilities Director. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3665 Page 2 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3657 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the award of Invitation to Bid 09-17, Mechanical, Electrical, and Plumbing Services, for a not-to-exceed annual amount of $1,700,000 ($950,000 Building and Maintenance and $750,000 Public Utilities), including two one-year renewal terms at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #09-17 was issued on April 28, 2017 for Mechanical, Electrical, and Plumbing Services to be provided on an as-needed basis throughout the City. Eighteen bids were received on May, 31, 2017, of which thirteen were considered to be responsive bidders by Purchasing. The bidders demonstrated a minimum of five years experience in performing their respective trade(s) in a commercial/industrial environment and submitted proposed rates for their services. The proposed hourly rates were evaluated and compared to Bureau of Labor and Industries wages in the Tampa Bay area, fully loaded commercial trade rates, and multiple municipal trade-specific contracts in the region. The evaluation resulted in the wage determination offered to, and accepted by, the contractors listed below: Mechanical Contractors: Air Mechanical Group of Tampa FL, ConServ Building Services of Largo FL, Cox Heating and Air Conditioning of Largo FL, JV System Services of Clearwater FL, Kenyon & Partners Inc, Pure Air Control Services, Trane of Tampa Bay of Tampa FL and Siemens of Tampa FL. Electrical Contractors: All Phase Electric of Tampa FL, APG of Clearwater FL, Bates Electric In; Conserv Building Services, Erwin Electric of Tampa FL, MCS of Tampa FL, Riley Electric Company Plumbing Contractors: All Florida Plumbing Contractors of Largo FL; Alter Plumbing of Largo FL; Apollo Plumbing of Seminole FL; ConServ Building Services of Largo FL Public Utilities and the Building & Maintenance Division manage numerous capital and maintenance projects which require the services of certified mechanical, electrical and plumbing contractors. Having an established roster of contractors for each trade will enable Building and Maintenance to be more proactive and responsive to the many deadlines and needs throughout the City, and facilitate Public Utilities’ maintenance of water and wastewater facilities in compliant operation. The intention is to maintain the rosters with a minimum of three contractors in each trade. Authorization is requested to allow Purchasing to backfill roster contractors that may be dropped for a variety of reasons, not limited to: ·a contractor goes out of business Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3657 ·a contractor notifies us they don’t want to be on the roster ·a contractor refuses multiple city work orders in a three-month period Qualifications comparable to the original bid and acceptance of the contract rates would be requirements of any contractor(s) added to the rosters. APPROPRIATION CODE AND AMOUNT: Funding for this award will come from various Operating cost centers as well as various Capital Improvement Projects, respective to the work being performed. Page 2 City of Clearwater Printed on 7/17/2017 Hourly Rates Mechanical Electrical Plumbing Standard 80.00$ 70.00$ 70.00$ Standard Stoppage 80.00$ 70.00$ 70.00$ Standard Helper/Apprentice 54.00$ 46.00$ 46.00$ Overtime 120.00$ 105.00$ 105.00$ Overtime Stoppage 120.00$ 105.00$ 105.00$ Overtime Helper/Apprentice 81.00$ 68.00$ 68.00$ Emergency 160.00$ 140.00$ 140.00$ Emergency Stoppage 160.00$ 140.00$ 140.00$ Emergency Helper/Apprentice 108.00$ 90.00$ 90.00$ % upcharge for materials 15%15%15% MECHANICAL Air Mechanical & Service Corp ConServ Building Services Cox Heating & Air Conditioning JV System Services Kenyon & Partners Inc Pure Air Control Services Siemens Industry Tampa Bay Trane ELECTRICAL All Phase Electrical & Mechanical APG Electric Bates Electric Inc ConServ Building Services MCS of Tampa Inc Riley Electric Co. PLUMBING All Florida Plumbing Contractors Alter Plumbing Apollo Plumbing ConServ Building Services  Standard Rates apply Monday through Friday, 7:00 A.M. to 5:00 P.M.  Overtime Rates apply Monday through Friday, 5:00 P.M. to 7:00 A.M., and all hours on Saturday and Sunday  Emergency Rates apply when contractor is required on-site immediately with less than four (4) hours notice Roster Contractors: Invitation to Bid #09-17 Mechanical, Electrical, and Plumbing Services Award Recommendation - Rates Effective 7/1/17 to 6/30/18 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3641 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Appoint Michael Mack to the Marine Advisory Board to fill the remainder of an unexpired term through March 31, 2019. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Edward T. O’Brien, Jr. MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Nino Accetta - 2717 Via Cipriani, 33764 - Banking Original Appointment: 11/6/14 Resigned 6/15/17 - (was serving 1st term to expire 3/31/19) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Michael Mack - 2981 Castle Woods Ln, 33759 - Portfolio Manager/Banking Zip codes of current members on board: 1 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3641 2 at 33761 1 at 33764 2 at 33767 Page 2 City of Clearwater Printed on 7/17/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Michael Mack Home Address: Office Address: 2981 Castle Woods Ln, Clearwater, FL Zip 33759 Zip 33759 Telephone: 727- 365 -2575 Cell Phone: 727- 365 -2575 How long a resident of Clearwater? 4 years Telephone: Email Address: Occupation: Portfolio Manager Employer: SunTrust Bank Field of Education: Other Work Experience: MBA - Advanced Finance Banking If retired, former occupation: Community Activities: Active with Project Prosper, teaching classes and mentoring. Manager /Coach for son's T -Ball team, Clearwater Citizens Academy (fall 2015) Other Interests: Fishing, Boating, Baseball Board Service (current and past): Board Preference: None Marine Advisory Board Additional Comments: Signature: Michael Mack cells ° °r`.°" m° ° " °e3oOWm. Date: 03/22/17201t03.2214:43'.20 - 04.00' See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits RECEIVED Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city ijos27 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Makes recommendations regarding City's marinas and waterways. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Active with city and waterways. Strong knowledge of finance and commercial real estate. 4. Why do you want to serve on this Board? It allows me to help and provide an advisory role for the city. Name: Michael Mack Board Name: Marine Advisory Board Michael Mack, CRC, CTP, MBA 2981 Castle Woods Ln • Clearwater, FL 33759 • Phone (727) 365 -2575 • mcrnackkO3 @yahoo.com EXPERIENCE Senior Portfolio Manager, First Vice President, SunTrust Bank July 2012 - Present Clearwater, Florida Provided cash flow and lending solutions with a consultative approach that enabled the client to improve margins, working capital, and ultimately the value of the company Met with Owners, CEOs, CFOs, and Upper Management of companies across Tampa Bay and Southwest FL to learn about their business, obtain information to assess risk in their organization, analyze their cash flows, and structure commercial loans that mitigate risks for the bank while providing optimal lending solutions for the organization's cash flow needs Completed in -depth analysis of company financial and operational strengths and weaknesses, key risk factors, sources of repayment, cash flow, and ability to service debt to complete complex credit reviews Summarized credit recommendations with supporting financial reports for final loan authorizations and reviewed, negotiated, and finalized loan documentation Identified credit -worthy prospects within targeted markets, including C &I, CRE, and Nonprofit entities, and assisted in the relationship calling strategies Monitored assigned $300MM credit portfolio (with relationships that ranged from $5MM to $50MM in exposure) and developed a thorough understanding of the content and aggregate risks within the portfolio Acted as the designated portfolio manager for commercial real estate and agriculture credits Trained and mentored junior Portfolio Managers and Credit Analysts Independent Consultant, Strategic Capital & Finance, LLC July 2010 -July 2012 St. Petersburg, Florida Provided underwriting packages, including projections and financial analysis, for capital raise services Produced a Commercial Real Estate Analysis, Valuation, and Reporting Module for CRE investors Provided portfolio management and underwriting consulting for community banks throughout the Tampa Bay area; analyzed numerous credits and impaired assets Effectively communicated the Company's services, scope, and objectives with potential and existing borrowing clients, bank executives and management, and CRE investors Commercial Credit Underwriter, Wachovia, a Wells Fargo Company October 2009 -July 2010 Tampa, Florida Analyzed company financial and operational strengths and weaknesses, key risk factors, sources of repayment, cash flow, and ability to service debt to complete complex credit reviews Coached and trained Relationship Managers in underwriting and financial analysis; partnered with Relationship Managers in structuring loan transactions Assisted with managing multiple cleanup projects regarding compliance monitoring and tracking Credit Department Manager /Commercial Lender, Vice President, First State Bank February 2007- August 2009 St. Petersburg, Florida Strategically organized the Credit Departments processes and procedures to create a credit foundation that ensured efficient and effective underwriting practices Exercised overall supervision of the credit analysis area, which included reviewing and ensuring proper underwriting, workflow management, and maintaining related reports Trained selected personnel in credit operations and financial statement analysis and oversaw the training of the clerical department Assisted Senior Credit Officer in creating a new loan grading system, credit policy, loan loss reserve system, credit management package, and credit compliance monitoring and tracking system Chaired the bank's Process Improvement Committee and formalized a systematic approach to improving processes throughout the organization. Contributed in other strategic initiatives and served as a member of numerous committees. Michael Mack, CRC, CTP, MBA 2981 Castle Woods Ln • Clearwater, FL 33759 • Phone (727) 365 -2575 • mcmackk03 @vahoo.com Credit Analyst 2, SunTrust Bank November 2005 - Feburary 2007 Tampa, Florida Analyzed financial statements, debt coverage schedules, cash flows, and ratios and conducted business and industry risk analyses to complete credit reviews for Commercial Banking, Wealth and Investment Management, and Real Estate Finance Group lines of business Utilized liquidity and working capital management philosophy to assess borrowing rationale and loan structuring for short-term and long -term credit facilities Completed formal credit training through multiple continuing educational courses for commercial credit including Omega Financial Accounting for Lenders and Commercial Loans to Business Served on the Credit Advisory Board for the implementation and assessment of Moody's Risk Analysis, a new credit risk application Became lead analyst, assumed management responsibilities during manager's absence, trained new analyst and commercial associates, managed work -flow, and reviewed junior analysts' work EDUCATION UNIVERSITY OF SOUTH FLORIDA, College of Business Administration, Tampa, FL Master of Business Administration, Specializations in Advanced Finance, Healthcare Administration and International Business GPA: 3.74 August 2005 UNIVERSITY OF FLORIDA, Warrington College of Business, Gainesville, FL Bachelor of Science in Business Administration, Major in Finance, Minor in Economics GPA: 3.75, Cum Laude May 2003 PROFESSIONAL ORGANIZATION, CERTIFICATION AND LICENSE The Association for Financial Professionals, Certified Treasury Professional — CTP Learned best practices for treasury management, including but not limited to: working capital management, liquidity management, cash positioning, financial planning, cash forecasting, and risk management The Risk Management Association, Credit Risk Certified — CRC Additional Formal Credit and Sales Training: Omega Financial Accounting for Lenders, Omega Commercial Loans to Business, Omega Loan Documentation RMA Understanding Your Middle Market Customer: Valuation & Transaction Structuring and Credit Risk Analysis for Corporate Banking RMA Advanced Real Estate Cash Flow and Valuation RMA Agriculture Credit Analysis Richardson Sales Training & Strategy Execution: Priceless Partner Pimley & Pimley: Mindset of the Business Owner State of Florida Life, Health and Variable Annuity License (Inactive) VOLUNTEERING /CIVIC Project Prosper — mentored and taught financial literacy Clearwater Citizen Academy — completed Fall 2015 Safety Harbor Little League — manager Spring 2017, coach Spring 2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3668 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Appoint one member to the Library Board to fill the remainder of an unexpired term through February 28, 2019. SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Paul F. Brown MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Paul F. Brown - 904 Druid Rd., 33756 - Supervisor/Library & Info. Science M.A. Original Appointment: 12/1/11 Resigned 6/23/17 - (was serving 2nd term to expire 2/28/19) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Donna M. Dennis - 223 Island Way #4B, 33767 - Retired/Teacher 2. Candace Gardner - 736 Island Way, Apt. 305, 33767 - Retired/Guidance Counselor 3. Kelly McLeay - 1545 Drew St., 33755 - Nurse Manager 4. Amelia (Amy) Wallon - 2327 Barkwood Pass, 33763 - Retired/MBA/Managerial Zip codes of current members on board: 2 at 33756 1 at 33759 1 at 33763 Page 1 City of Clearwater Printed on 7/17/2017 File Number: ID#17-3668 1 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 7/17/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: / i+Aht/; Home Address: ZZ3Xs 2--4 JiJj -51S G 7r— zip 33767 Telephone: 7Z 7-W7- ,-5 Cell Phone: 3/.5— 9 3 -Z-575-47 Office Address: Zip Telephone: /"_ Email Address: 41 171j%S _S3Os GDj j~, How long a resident of Clearwater? /3 j' = s.s Occupation: 7i --b Field of Education: 3 0 Y's Employer: A/O,A/Ls Other Work Experience: C' -V3 /7 2. YS If retired, former occupation: Community Activities: Ci (' 2- et& tatAi -n - 0.7r'z6iis Y Other Interests: /i(1. Board Service (current and past): i u6 - -7 MYPa Board Preference: froNE- c/7," c-z cv, 2./13/WY Additional Comments: tom JP 'L/.. Signature Date: 3 /q/ / See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits DECEIVEDValidcurrentFloridaDrivers' License issued to an address within city Iimi Declaration of Domicile filed with the city clerk affirming residency within city NAR limits 1 0 2917 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 7145 9z/9 6 -7/e-- 4/15-44‹ Y ® ©S V%7 fZf T/fwS %4Z l [/ 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? W55/ ©, v 7y) /Ty e ptve,z -- /,/ 40004,(i 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 0/7 `" , > i .,tic1h/ iStt(4 77DA) 52,Yes ,is xdL im .SLAV w/ U-1)6 A, 2 7- 4. Why do you want to serve on this Board? s /I rr ®, ,v)00t) 77617 ®r ye /1/B2_.Lc- 0 A- Cam/ RJ r/- tw - Oa,- rw.)- / /u 7y- Board Name: 1 /7Tey CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: e A N O 1,G e_ CARD N E. `R Home Address: Office Address. 73 Go SLRrit w P-c:305 L icW.CoicIT'E NR, FLi Zip 3-Zo'7 Zip Telephone: 7a7 – '{'7 CEOq Telephone: Cell Phone: E -mail Address: CA N Lek., 1 e OL'Co Yv\ How long a resident of Clearwater? 4" ' J/ RS Occupation:ito tZJtL W0J C a Lei Y NC, Employer: r1N E., LL co/4 gty semoo L Field of Education: C °LI S >E ° Other Work Experience: aysT Nft s-r J (60 DRNK:Q. cou /\r >z.) 3d S, O E G RIKy vt.A,cf -ioWi If(etire ormer occupation:G 6L1 b 1I NC. Lot) U N S € Lo `R Community Activities: Other Interests: Board Service (current and Ry IR, fid Board Preference: c© v14 tM u nl 1 +1 N I , L > t 1,6 N S 13c A R,D p 1-4 lk 5 1 121z, L riVio eorkftn 0113 Additional Comments: C }4 Ft rr E, 1R. R v E tk) C o m mart .€ (,a. 7) 13EnU1-ti se 0 3o A D Signature: C 0Y70 •. 12f Date: J I5,aot! See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits JUN 14 2017 Declaration of Domicile filed with the city clerk affirming residency within city limits RECORDS AND gam cj °I S? 9I sRvcs DEPT. I/ BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? at;(3611-e al) zna(2r-(4, ...e (9-n 4apAAJt. , Jeirutsv-Lfreele „ L_! ' 'l 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? S n /96.14,/ety 7040/LA ce_elitzGo VjAy (t.e_t.Q„ azzAL-1},-e-Q/77 -6-71 .a.s2/tAfpx. t 4A1'6142-) Al 1 , r r U 4. Why do you want to serve on this Bo d? cknx,71,t,tk, ef,,,-Let..za, Y`y `u.o`.td so e cam. Name: C O(iyi oticLe Board Name: CANDACE GARDNER 736 Island Way Apt. 305 Clearwater, Florida 33767 -1817 727 -447 -0074 candyflal@aol.com CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Home Address: 61S- ,O v e t(/ S Cie a, red Zip 331 SS Telephone: 7,)---7- L1 / - 8 d-1.2 Cell Phone: ;--) -)/ U 3 How long a resident of Clearwater? . 5 Office Address: CA P 3(Jv P he_( /as S e lea Zip 33 76-4 Telephone: _7 _7- /- 7L1 Email Address: fee /l3 tnc/eay 39ajckrc y yea rs Occupation: j//c (S-e //i) Employer: /lo'e A' P/a,,.• Ret. e'ic, c Field of Education: Other Work Experience: 1/24 -furl n 0671 I /i i Sd-c a I Jh N /fJ If retired, former occupation: //Jig Community Activities: 74211 cn Ca y, /9 Ss'd v (i;717-6 a,/ C.r c .Vic /sc5 .(4,9 -CN J /7% /-er f . (C c: /, s C'1 7 G. ' //for, 4,t, -o? 9 c /-0 c ii- j 9,,e .0-,L Board Service (current and past): Board Preference: Additional Comments: /6t. S-71- fiidfitf ' Cu /T em / Bcv'd i?) e".. -1 r,- , q4 e , cam--/ Jk/) . Signature: 12 A/k,_,T4 Date: '— /d /V7 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accit ' f / J copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits MAR 10 2017 Declaration of Domicile filed with the city clerk affirming residency within city limits OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. TWhat is your understanding of the board's duties and responsibilities? v 'h slti!`r p //e--,- 5 /pf5/cIsC c I Gi vd i e e c's )/7'>le e At' 61}-121/1-'s" - C e/e.4 /A4jec if) M ;/) d 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? 2" a (,. , 7L ^ o/) /) ;h 0, 9r e ss im 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? a A/K rs--e, Ma jti c v r Ver 14/30-k) A a w 74, W i lk W/ Gil -r /t L %wv c /22 b / s die " /' e Act I/ 4J pa 45-' 71 ,pr {Sid f 661, rren .d did /.n ey,, ,6 off" /i) (-4,e la - ss 41 al 675aJ ; 2 0-'47)-1 -/9"6 e 4.frh ct 74 fry fit Yi { j -,{r A/0 (79,r . l . Gva.rs< g,,cu, Ave 4. Why do you want to serve on this Board? Z 'Gt l/` /c- ,42 h- art )`n V v /V-c / GJJ Z Oar , 6(a y i 5 afr] ire off' r hie r Name: Board Name: l r .c' yam ,e CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: A L i 4 vALL0A/ Home Address: Office Address: 2-327 64AKwvoo 14, 11- S.s" CLC'pttwkCE2 1L Zip 177(3 Zip Telephone: 727— 7 2. 3 - z'f S' ' Telephone: Cell Phone: Email Address: A" W18 wsu 1s /VI GA@ rhea. c&M How long a resident of Clearwater? Occupation: t t e E_1) Field of Education: e -4+s& SC C fr c H t 9 Employer: Other Work Experience: If retired, former occupation: f LCA4 e sC -e 4 rr4 e u Efi Community Activities: PLc A s tr see v} r f 6 c i-i L_O Other Interests: P1.6nsc s--y ,4(,C,-/6/) Board Service (current and past): Board Preference: PL&A(C sr C A-rf cNC.1) ecC -vvfE, see- AT<fctfi 0 Additional Comments: PLC-As C sCe Signature: Date: 7'3 ._ /7 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this atplication must be accompanied by a copy of one of the following: RECEIVEDCurrentvoterregistrationwithincitylimits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city IimJIL 03 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? Name: Board Name: Attachments for Amelia (Amy) Wallon for City of Clearwater — Application for Advisory Boards Open Position for Library Advisory Board Field of Education: MBA — Business Administration, numerous certifications If retired, former occupation: Various managerial — safety, law, anti -trust project management, product management, quality, customer satisfaction, policies and procedures, market research, course developer, worked on project to earn company ISO certification, convention coordinator, training coordinator /instructor, awarded company's Positive Attitude plaque Community Activities: Graduate Clearwater Citizen's Academy 2013; Certificate Clearwater People's Law School 2012, 2013, 2014, 2015, 2016, 2017; Political campaigns volunteer. In the past, auxiliary volunteer with the Orlando Regional Medical Center (over 1,000 hours), Committee Co- Chairperson for Orlando's ARTSFEST, member of various charitable fundraising organizations. Committee Chairperson for "Florida House" (a bi- partisan club of Florida female legislators and legislator's female spouses), for over 20 years, awards person for the Annual Dick Batchelor Run for Sexually Battered & Abused Children (in Orlando) Other Interests: Enjoy: helping the library with various ideas, educational pursuits, travel, going to Disney World. Board Service (current and past) Board Preference: Rio Pinar East (Orlando) HOA Library Advisory Board Additional Comments: Please refer to question 4 on "Why do you want to serve on this Board ?" Responses to Questions from the Board Questionnaire 1. What is your understanding of the board's duties and responsibilities? As taken from the Clearwater city information site for Library Advisory Board: The Library Advisory Board serves in an advisory capacity to the Library Director and the Clearwater City Council in all matters pertaining to the management and use of the library system, including but not limited to the establishment of such rules and regulations governing the privilege of using the library by members of the public as they may deem advisable." 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I once attended one of the Library Advisory Board's meetings that were open to the public - it was very interesting and enlightening and has contributed to my seeking your open advisory position. Attended an advisory board meeting relative to the local airpark. Have attended city meetings. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have an MBA and numerous certifications and have served in managerial, public and voluntary positions. To me, the library is a second home. (Please see the "If retired, former occupation...." section of this Application for the extent of my experience in business and with the public). 4. Why do you want to serve on this Board? I am typing my answer on a pc that the library has made available to the public at the Clearwater Countryside Library at whose grand opening ceremony I attended. Public access to a pc is an invaluable service available to everyone, and is helpful to those otherwise without access to the internet, especially in situations such as filling out job applications when one is unemployed). I am also a member of the Friends of the Clearwater Library. Ever since I was a young child, my life has involved and evolved around the library (both public and private) My mother used to take me to the local public library's presentations (we lived over a mile from the library, and, I believe, at that time, we walked to and from the location in what is still one of the few remaining Carnegie library branches [the Conely branch] in the U.S). I had the opportunity to revisit the branch a few years ago, and it is magnificent right down to the fireplace in the children's area. I continued to frequent the branch library through my high school years. (When was in high school, during my study hall period, I was a volunteer in the school's library). Then, it was on to the Detroit Main Library and to the Wayne State University library. The library served as both an educational and social experience. At numerous job positions in various parts of the country (and a visit to Canada), I enjoyed the public, university and company libraries. When I taught at both Wayne State University in Detroit and at Florida Atlantic University in Boca Raton, I required my students to, on a weekly basis, go to the library and write a report on a magazine article of their own choice and to summarize it in a paper. (The other professors complained they couldn't get their students to use the library, but I succeeded!) Years ago, when the Clearwater library was going to adjust its hours, I wrote a letter to the editor of the St. Petersburg Times about the importance of the history of the library (going back to the times of Cleopatra) to the present. To this date, I regularly use the local and any other libraries available to me and am always impressed by the knowledge, professionalism and friendliness of the staff. Knowledge is power. I want to help contribute to unbiased knowledge. That is why I want to serve on this Board. Name: Amelia (Amy) Walton Board Name: Library Advisory Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9063-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a referendum question for the city voters to consider a charter amendment to allow for the construction and maintenance of certain improvements and the use for other than open space in the area west of Osceola Avenue between Drew Street and Pierce Street lying below the 28-foot mean sea level elevation, known as the downtown waterfront, call for a special city election to be held in conjunction with the county election on November 7, 2017, and pass Ordinance 9063-17 on first reading. SUMMARY: In an effort to further existing initiatives, the City of Clearwater contracted with the Urban Land Institute (ULI) to evaluate the City's vision and strategies for the development of the downtown. The Urban Land Institute is the nation ’s premier nonprofit urban planning and real estate education and research institution representing the entire spectrum of land use and development disciplines. The creation of a master plan for the downtown waterfront area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater in June, 2014. Subsequently, the City issued Request for Proposal 04-16 for consulting services to prepare a master plan for the Downtown waterfront /bluff area, which was awarded to the HR & A Advisors, Inc. on April 21, 2016, for the Downtown waterfront master plan (Imagine Clearwater). Over the course of six months, the City engaged hundreds of Clearwater residents, business owners and other stakeholders who shared their broad visions and specific design and programming ideas for their future waterfront. The City’s consultant team conducted over 40 interviews with local stakeholders, including developers, real estate brokers, small business owners, and Downtown property owners. The City hosted seven interactive community workshops in various Clearwater neighborhoods to share progress on Imagine Clearwater and allow members of the community to engage directly with the planning and design team on specific elements of the plan including: a vision for the waterfront and bluff; the character of various places throughout the study area; the role of waterfront recreation, parks and open space, and economic development opportunity within the overall vision; and the City convened a group of 18 Clearwater residents active in resident affairs, the local business community, local institutions and community organizations to play a supporting role in the City’s robust outreach process. In addition, materials related to Imagine Clearwater were posted on a dedicated website and the City’s Facebook page and community members were invited to call and email the City to Page 1 City of Clearwater Printed on 7/17/2017 File Number: 9063-17 provide direct verbal feedback and engage with elements of the plan as it was formed. The goal of Imagine Clearwater is to draw residents and visitors to the Downtown waterfront, catalyze greater Downtown activity and attract investment, and better connect the waterfront to the rest of Clearwater. Four key strategies underpin the recommendation of Imagine Clearwater: the waterfront must be anchored by a dynamic new open space; Coachman Park needs an active edge; an improved Osceola should complement Cleveland Street; and access to the site should incorporate all modes. In order to realize the community’s vision for Imagine Clearwater, an Action Plan provides a series of strategic implementation recommendations to serve as a starting point for the City and its partners to refine and advance. The City Council unanimously voted to adopt Imagine Clearwater by Resolution 17-13; however, the Clearwater City Charter Section 2.01(d), Limitations, contains certain limitations on the legislative power of the City Council. Section 2.01(d)(6) prohibits the development or maintenance for other than as open space and public utilities of certain property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south, and the Memorial Causeway without a referendum. As a result, the following amendments to Charter §2.01(d)(6) are proposed in order to allow the implementation of Imagine Clearwater. First, the proposed ordinance defines the term “open space” for the purposes of the charter section to include sidewalks, boardwalks, elevated walkways, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding, similar amenities, and surface parking. Secondly the proposed ordinance allows as an exception to the open space limitation certain uses and facilities specifically playgrounds, splash pad, water features, artwork and similar amenities. Additionally public restrooms and Park storage may be constructed. The amendment also specifically allows the licensing of events, temporary booths for vending and mobile concessions. In the portion of the section which addresses the boat slip facility, language allowing for a boathouse for storage of non-motorized recreational equipment such as canoes, kayaks, paddle boards and paddleboats, and a boat ramp to be constructed for such non-motorized recreational equipment is added. The ordinance calls for a special city election to be held in conjunction with the County election on November 7, 2017 for purpose of consideration of the Charter amendment. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 7/17/2017 Ordinance No. 9063-17 ORDINANCE NO. 9063-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR A SPECIAL ELECTION; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO SECTION 2.01(d) 6 OF THE CITY CHARTER TO ALLOW THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND THE USE OF THE PROPERTY FOR OTHER THAN OPEN SPACE IN THAT AREA WEST OF OSCEOLA AVENUE BETWEEN DREW STREET AND PIERCE STREET LYING BELOW THE 28-FOOT MEAN SEA LEVEL ELEVATION, KNOWN AS THE DOWNTOWN CLEARWATER WATERFRONT; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, in an effort to further existing initiatives, the City of Clearwater contracted with the Urban Land Institute (ULI) to evaluate the city's vision and strategies for the development of the downtown. The Urban Land Institute is the nation’s premier nonprofit urban planning and real estate education and research institution representing the entire spectrum of land use and development disciplines; and WHEREAS, Clearwater’s downtown waterfront is a beloved civic asset; and WHEREAS, the creation of a master plan for the downtown waterfront area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater in June, 2014; and WHEREAS, the City issued RFP #04-16 for consulting services to prepare a master plan for the Downtown waterfront/bluff area; and WHEREAS, on April 21, 2016 the Clearwater City Council awarded a contract for professional services pursuant to RFP #04-16 to hire HR & A Advisors, Inc. for the Downtown waterfront master plan(Imagine Clearwater); and WHEREAS, over the course of six months, the City engaged hundreds of Clearwater residents, business owners and other stakeholders who shared their broad visions and specific design and programming ideas for their future waterfront; and WHEREAS, the City’s consultant team conducted over 40 interviews with local stakeholders, including developers, real estate brokers, small business owners, and Downtown property owners; and WHEREAS, the City hosted seven interactive community workshops in various Clearwater neighborhoods to share progress on Imagine Clearwater and allow members of the 2 Ordinance No. 9063-17 community to engage directly with the planning and design team on specific elements of the plan including: a vision for the waterfront and bluff; the character of various places throughout the study area; the role of waterfront recreation, parks and open space, and economic development opportunity within the overall vision; and WHEREAS, the City convened a group of 18 Clearwater residents active in resident affairs, the local business community, local institutions and community organizations to play a supporting role in the City’s robust outreach process; and WHEREAS, materials related to Imagine Clearwater were posted on a dedicated website and the City’s Facebook page; and WHEREAS, community members were invited to call and email the City to provide direct verbal feedback and engage with elements of the plan as it was formed; and WHEREAS, the goal of the plan is to draw residents and visitors to the Downtown waterfront, catalyze greater Downtown activity and attract investment, and better connect the waterfront to the rest of Clearwater; and WHEREAS, four key strategies underpin the recommendation of Imagine Clearwater: the waterfront must be anchored by a dynamic new open space; Coachman Park needs an active edge; an improved Osceola should complement Cleveland Street; and access to the site should incorporate all modes; and WHEREAS, in order to realize the community’s vision for Imagine Clearwater, an Action Plan provides a series of strategic implementation recommendations to serve as a starting point for the City and its partners to refine and advance; and WHEREAS, City Council held a special meeting on February 21, 2017 to discuss Imagine Clearwater; and WHEREAS, City Council received significant public support for the adoption and implementation of Imagine Clearwater at the February 21, 2017 special meeting; and WHEREAS, Clearwater has a once in a lifetime opportunity to develop a transformative vision for its downtown waterfront; and WHEREAS, City Council unanimously voted to adopt Imagine Clearwater by Resolution 17-13; and WHEREAS, the Clearwater City Charter Section 2.01(d), Limitations, contains certain limitations on the legislative power of the City Council;and WHEREAS, the Clearwater City Charter Section 2.01(d)(6) prohibits the development or maintenance for other than as open space and public utilities of certain property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south, and the Memorial Causeway without a referendum;and 3 Ordinance No. 9063-17 WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; and WHEREAS, the City Council of the City of Clearwater having held a duly noticed public hearing, hereby finds that it is necessary in the interest of the public health, safety and welfare of the citizens of the City amend the Charter to provide for the implementation of Imagine Clearwater ; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,FLORIDA: Section 1.The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2.In furtherance of the implementation of Imagine Clearwater as adopted by Resolution 17-13-it is hereby proposed that Section 2.01(d)(6) of the City Charter be amended as follows: (d)Limitations. The legislative power provided herein shall have the following limitations: * * * * * (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. For the purpose of this section “open space” shall include plazas, sidewalks, boardwalks, elevated walkways, paths, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding and similar amenities and surface parking. As an exception to the open space limitation contained herein, the following uses and facilities are allowed to be 4 Ordinance No. 9063-17 constructed and maintained on that portion of the City owned property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce Streets,: a city owned bandshell and associated facilities including removable seating;; City-owned tennis courts and associated appurtenances; playground, splash pad, water features, artwork and similar amenties, ; public restrooms and park storage. Additionally, licensing of events, temporary booths for vending, and mobile concessions may be permitted. 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, sewage pump out and restroom facilities may be provided to and located on 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, which may be designated for use by slip tenants, 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, booths for ticket sales, and directional signage. 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 ensure public access to the docks, boardwalks and promenade, however nothing herein shall prohibit fencing and gates for security. Concessions for rental of non- motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats may be permitted and a boathouse for storage of said equipment may be allowed. Except for a ramp for launching of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats, no boat launching ramps, fueling facilities or parking garage shall be permitted. * * * * * Section 3. A referendum election is hereby called and will be held on November 7, 2017, at a special city election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: Improvements to and use of Downtown Clearwater Waterfront 5 Ordinance No. 9063-17 Shall Section 2.01(d)(6) be amended as provided in Ordinance 9063-17 to allow the construction and maintenance of certain improvements including playgrounds, water features, artwork, a boathouse, Marina office, restrooms, surface parking, roadways, plazas, sidewalks, trails, elevated walkways, boardwalks, benches, picnic tables, water fountains, litter receptacles and similar amenities, to support the active and passive use of the city owned Downtown Waterfront, generally bounded by Pierce St., Drew St., the Bluff and the water. Yes___________ For amendment to City Charter No Against amendment to City Charter Section 4.The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the special election to be held on November 7, 2017. Section 5.This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Charter RestrictionsCharter Restrictions Special Act RestrictionsSpecial Act Restrictions Ordinance No. 9063-17 ORDINANCE NO. 9063-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR A SPECIAL ELECTION; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO SECTION 2.01(d) 6 OF THE CITY CHARTER TO ALLOW THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND THE USE OF THE PROPERTY FOR OTHER THAN OPEN SPACE IN THAT AREA WEST OF OSCEOLA AVENUE BETWEEN DREW STREET AND PIERCE STREET LYING BELOW THE 28-FOOT MEAN SEA LEVEL ELEVATION, KNOWN AS THE DOWNTOWN CLEARWATER WATERFRONT; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, in an effort to further existing initiatives, the City of Clearwater contracted with the Urban Land Institute (ULI) to evaluate the city's vision and strategies for the development of the downtown. The Urban Land Institute is the nation’s premier nonprofit urban planning and real estate education and research institution representing the entire spectrum of land use and development disciplines; and WHEREAS, Clearwater’s downtown waterfront is a beloved civic asset; and WHEREAS, the creation of a master plan for the downtown waterfront area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater in June, 2014; and WHEREAS, the City issued RFP #04-16 for consulting services to prepare a master plan for the Downtown waterfront/bluff area; and WHEREAS, on April 21, 2016 the Clearwater City Council awarded a contract for professional services pursuant to RFP #04-16 to hire HR & A Advisors, Inc. for the Downtown waterfront master plan(Imagine Clearwater); and WHEREAS, over the course of six months, the City engaged hundreds of Clearwater residents, business owners and other stakeholders who shared their broad visions and specific design and programming ideas for their future waterfront; and WHEREAS, the City’s consultant team conducted over 40 interviews with local stakeholders, including developers, real estate brokers, small business owners, and Downtown property owners; and WHEREAS, the City hosted seven interactive community workshops in various Clearwater neighborhoods to share progress on Imagine Clearwater and allow members of the 2 Ordinance No. 9063-17 community to engage directly with the planning and design team on specific elements of the plan including: a vision for the waterfront and bluff; the character of various places throughout the study area; the role of waterfront recreation, parks and open space, and economic development opportunity within the overall vision; and WHEREAS, the City convened a group of 18 Clearwater residents active in resident affairs, the local business community, local institutions and community organizations to play a supporting role in the City’s robust outreach process; and WHEREAS, materials related to Imagine Clearwater were posted on a dedicated website and the City’s Facebook page; and WHEREAS, community members were invited to call and email the City to provide direct verbal feedback and engage with elements of the plan as it was formed; and WHEREAS, the goal of the plan is to draw residents and visitors to the Downtown waterfront, catalyze greater Downtown activity and attract investment, and better connect the waterfront to the rest of Clearwater; and WHEREAS, four key strategies underpin the recommendation of Imagine Clearwater: the waterfront must be anchored by a dynamic new open space; Coachman Park needs an active edge; an improved Osceola should complement Cleveland Street; and access to the site should incorporate all modes; and WHEREAS, in order to realize the community’s vision for Imagine Clearwater, an Action Plan provides a series of strategic implementation recommendations to serve as a starting point for the City and its partners to refine and advance; and WHEREAS, City Council held a special meeting on February 21, 2017 to discuss Imagine Clearwater; and WHEREAS, City Council received significant public support for the adoption and implementation of Imagine Clearwater at the February 21, 2017 special meeting; and WHEREAS, Clearwater has a once in a lifetime opportunity to develop a transformative vision for its downtown waterfront; and WHEREAS, City Council unanimously voted to adopt Imagine Clearwater by Resolution 17-13; and WHEREAS, the Clearwater City Charter Section 2.01(d), Limitations, contains certain limitations on the legislative power of the City Council;and WHEREAS, the Clearwater City Charter Section 2.01(d)(6) prohibits the development or maintenance for other than as open space and public utilities of certain property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south, and the Memorial Causeway without a referendum;and 3 Ordinance No. 9063-17 WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; and WHEREAS, the City Council of the City of Clearwater having held a duly noticed public hearing, hereby finds that it is necessary in the interest of the public health, safety and welfare of the citizens of the City amend the Charter to provide for the implementation of Imagine Clearwater ; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,FLORIDA: Section 1.The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2.In furtherance of the implementation of Imagine Clearwater as adopted by Resolution 17-13-it is hereby proposed that Section 2.01(d)(6) of the City Charter be amended as follows: (d)Limitations. The legislative power provided herein shall have the following limitations: * * * * * (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. For the purpose of this section “open space” shall include plazas, sidewalks, boardwalks, elevated walkways, paths, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding and similar amenities and surface parking. As an exception to the open space limitation contained herein, the following uses and facilities are allowed to be 4 Ordinance No. 9063-17 constructed and maintained on that portion of the City owned property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce Streets,: a city owned bandshell and associated facilities including removable seating;; City-owned tennis courts and associated appurtenances; playground, splash pad, water features, artwork and similar amenties, ; public restrooms and park storage. Additionally, licensing of events, temporary booths for vending, and mobile concessions may be permitted. 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, sewage pump out and restroom facilities may be provided to and located on 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, which may be designated for use by slip tenants, 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, booths for ticket sales, and directional signage. 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 ensure public access to the docks, boardwalks and promenade, however nothing herein shall prohibit fencing and gates for security. Concessions for rental of non- motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats may be permitted and a boathouse for storage of said equipment may be allowed. Except for a ramp for launching of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats, no boat launching ramps, fueling facilities or parking garage shall be permitted. * * * * * Section 3. A referendum election is hereby called and will be held on November 7, 2017, at a special city election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: Improvements to and use of Downtown Clearwater Waterfront 5 Ordinance No. 9063-17 Shall Section 2.01(d)(6) be amended as provided in Ordinance 9063-17 to allow the construction and maintenance of certain improvements including playgrounds, water features, artwork, a boathouse, Marina office, restrooms, surface parking, roadways, plazas, sidewalks, trails, elevated walkways, boardwalks, benches, picnic tables, water fountains, litter receptacles and similar amenities, to support the active and passive use of the city owned Downtown Waterfront, generally bounded by Pierce St., Drew St., the Bluff and the water. Yes___________ For amendment to City Charter No Against amendment to City Charter Section 4.The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the special election to be held on November 7, 2017. Section 5.This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9029-17 2nd rdg Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9029-17 on second reading, amending multiple sections of the Community Development Code relating to sign regulations; amending sections regulating exempt signs, prohibited signs, temporary signs and signs requiring development review; deleting Section 3-1805 General Standards and adding a new Section 3-1805 General Provisions for Signs. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Community Development Board – May 16, 2017 TA2017-03005 – Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE:May 16, 2017 AGENDA ITEM:E. 3. CASE:TA2017-03005 ORDINANCE NO.:9029-17 REQUEST:Review and recommendation to the City Council, of amendments to the Community Development Code Regarding Signage. INITIATED BY:City of Clearwater, Planning and Development Department BACKGROUND: In June 2015, the United States Supreme Court issued a decision in Reed v. Town of Gilbert, Ariz., -U.S.-, 135 S. Ct. 2218 (2015) which clarified that temporary signs must be regulated in a content-neutral manner. This ruling impacted sign codes across the country, including Clearwater’s, because temporary signs are typically regulated by sign message. The Community Development Code currently provides specific regulations for temporary signs including real estate, election, free expression, construction, etc. These regulations are content-based and must be revised. The Court also confirmed in June 2015 that government speech is not subject to First Amendment scrutiny in Walker v. Texas Division, Sons of Confederate Veterans, Inc. 135 S. Ct. 2239 (2015). This has implications for the City’s sign ordinance because there are a number of regulations for a variety of government signs. City Council authorized the City Attorney to hire William D. Brinton, Rogers Towers, P.A. as outside counsel to review the sign code and make recommendations on any amendments necessary to make the Clearwater sign code consistent with the Reed decision. In August, City Council discussed expanding the uses that are eligible to have electronic changeable message signs and directed staff to prepare code amendments for Council’s consideration. The Planning and Development Department reviewed ordinances from across the country, considered Council’s discussion and worked with the City’s outside legal counsel to develop some targeted amendments for Council’s consideration. Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 2 ANALYSIS: Proposed Ordinance No. 9029-17 implements recommendations by the City’s outside legal counsel to address the decisions of the Reed and Walker cases. It also includes limited changes to the electronic changeable message sign provisions and includes several amendments generated by the Planning and Development Department. The ordinance revises Community Development Code Article 8, Definitions and Rules of Construction with regard to certain sign definitions. It also deletes and replaces Article 3, Division 18, Sections 3-1805 General Standards and 3-1806 Signs without a Permit in their entirety. Sign provisions found in these subsections not related to temporary or government signs will remain, but are reorganized and located in the new Section 3-1805 entitled General Provisions for Signs. Section 3-1806 is re-titled and limited to regulations for temporary signs. The ordinance also includes one amendment to Article 3, Division 21, Temporary Uses pertaining to signage. Proposed Amendments Addressing Temporary Signs Amendments addressing the Reed case primarily focus on the deletion of definitions of temporary sign types and their associated regulations. This includes definitions and regulations specific to construction, real estate, election, free expression, garage/yard sale and public purpose signs, as well as those for allowable temporary uses. Proposed new Code Section 3-1806, Temporary Uses, includes two new tables - one which regulates sidewalk signs and the other which sets forth parameters for all other temporary signs. While Table 3-1806.1.a is new, all of the current sidewalk sign requirements have been incorporated into the table and footnotes. In addition to primary retail and restaurant uses, the Planning and Development Department is proposing that valet stands and parking garages/lots also be permitted to erect a sidewalk sign. Such signs for these two uses will assist the traveling public in making decisions about where to park, which can positively impact traffic circulation in the vicinity of these uses. While the Code currently allows a valet stand to have a small sign (4 square feet), this proposed revision would allow a larger, more visible sidewalk sign. Proposed Table 3-1806.1b sets forth the criteria and limitations for temporary signs. Allowances for sign area, height, location, number of signs allowed per property, spacing, etc. are determined by the property’s location in a either a residential or nonresidential zoning district. As proposed, the regulations are content neutral and address the issues identified by the Reed decision. The new regulations will allow non-residentially zoned properties to have up to four signs, 16 square feet each, and residentially zoned properties up to eight signs, 4 square feet each. All signs must be separated by a distance of 15 feet. Proposed Amendments for Electronic Message Center Signs To address feedback received from City Council about its desire to consider electronic changeable message signs for certain institutional uses, the Planning and Development Department is proposing changes to several sections of the sign code. Specifically, proposed Section 3-1807.B.6 confirms that electronic changeable message signs may be used for fuel price and menu signs, and for facilities and venues with more than 2000 seats; it also allows them for schools and places of worship. To ensure a high quality appearance is presented, certain design standards are also proposed. Electronic changeable message areas shall be: Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 3 limited to 40% of the total sign face area located on the lower portion of the sign face contiguous to the other sign copy area (no gaps) architecturally integrated into the design of the sign face consistent with the width and depth of the sign cabinet In addition to the above criteria, new illumination standards have been added to Code Section 3- 1805.G.1 that regulate the brightness levels of self-luminous signs during the daytime and nighttime. These standards are important because electronic signs can generate significant amounts of light that can create negative impacts on surrounding properties. The existing provisions regarding the prohibition of animated signs, etc. will remain in effect as well. Lastly, the dwell time of messages is proposed to be one hour instead of the current six hour rule. Other Proposed Amendments In addition to the main subjects of this ordinance, the Planning and Development Department, as well as the outside legal counsel, proposed some additional amendments. In response to the U.S. Supreme Court confirming the Walker case, government signs are proposed to be exempt from the sign regulations (Section 3-1803 Exempt Signs). Several other amendments are made throughout the sign ordinance to recognize these signs are no longer subject to Article 3, Division 18. The flag provisions are being revised, primarily with regard to the number of flags on non-residential property and the establishment of a maximum flag size of 24 square feet. Flags on nonresidential properties less than .5 acres will be permitted one flagpole with two flags and on those over .5 acres up to 3 flagpoles with two flags per flagpole. Currently each nonresidential parcel is permitted three flags. The existing Code does not provide guidance on whether or not that means flags or flagpoles. The Planning and Development Department conducted a study of sites with flags and determined the proposed amendments are reasonable and consistent with the community character. A flexibility provision is proposed for the required five foot setback for freestanding signs based on the presence of physical site constraints. Due to concerns about maintenance and quality issues, the proposed ordinance eliminates the ability to use banners or flags as permanent freestanding and attached signage. Language regarding street address signs is being revised to require address signs. A new provision is being added that requires signs to be maintained in good repair and landscaping around signs to be properly maintained and free of litter. The amount of signage allowed for a school is proposed to be increased from 20 square feet to 50 square feet and increased from six feet in height to 14 feet because the majority of schools are located in nonresidential zoning districts. Furthermore, it would be impractical to accommodate an electronic changeable message area within a 20 square foot sign. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 4 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be furthered by the proposed Code amendments: Goal A.3 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The general principles and purposes of Division 18 recognize that safety and community appearance are of paramount interest to the City of Clearwater and all regulations contained in Ordinance No 9029-17 implement those purposes and principles. Appropriate sign regulations are critical in creating a safe and attractive environment. Amendments are necessary to bring consistency with the City’s sign ordinance and the Reed case. Revisions allowing the very limited use of electronic changeable message signs for certain institutional uses, along with design standards, limited dwell times and illumination standards will ensure safety and aesthetic concerns are met. New maintenance standards and the elimination of banners as allowable permanent signs will have a positive impact on the aesthetic needs of the City. Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Proposed Ordinance No. 9029-17 includes amendments which balance citizen and business needs for temporary signage with the City’s objective to have an uncluttered, safe and attractive environment. The proposed permitted sign area and number of signs is sufficient for those purposes. Design standards established for electronic changeable message signs, along with the limited use of them, will minimize their impact on the visual environment and help maintain an attractive visual and business environment. Establishing limits on illumination for such signs, in conjunction with the reasonable allowances for sign area, and limited land uses that can erect them, will greatly aid in minimizing and preventing visual clutter, enhancing safety and maintaining an attractive community. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 5 It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). It is the further purpose of this Development Code to make beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. (Section 1-103.D, CDC) Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city.(Section 1-103.E.2, CDC) Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city’s economic underpinnings. (Section 1-103.E.5, CDC) Coordinate the provisions of this Development code with corollary provisions related to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city.(Section 1-103.E.12, CDC) The amendments proposed in Ordinance No. 9029-17 will further the above referenced purposes by implementing the Comprehensive Plan policies related to signage, establishing a regulatory framework that limits the height, size, number and setback of temporary signs, regardless of duration and content, and in a manner that promotes vehicular and pedestrian safety. Furthermore, the temporary sign amendments and those associated with electronic changeable message signs will not result in signage that contributes to clutter or distracts from the City’s community character. An attractive built environment will be maintained which will contribute to the economic stability of the City. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code seek to remove any content bias and to simplify the process of regulating temporary signs. While it expands the uses allowed to make use of electronic changeable message signs, it provides for design standards, illumination and dwell time standards that will ensure a high quality use of such sign. The proposed ordinance is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purpose of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9029-17 that amends the Community Development Code. Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 6 Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning and Development Director ATTACHMENTS: Ordinance No. 9029-17 ORDINANCE NO. 9029-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION 102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 3-1801 (GENERAL PRINCIPLES); AMENDING SECTION 3-1803 (EXEMPT SIGNS), AMENDING SECTION 3-1804 (PROHIBITED SIGNS), DELETING SECTION 3-1805 (GENERAL STANDARDS) AND ADDING A NEW SECTION 3-1805 (GENERAL PROVISIONS FOR SIGNS); DELETING SECTION 3-1806 (SIGNS PERMITTED WITHOUT A PERMIT) AND ADDING A NEW SECTION 3-1806 (TEMPORARY SIGNS); AND AMENDING SECTION 3-1807 (PERMITTED SIGNS REQUIRING DEVELOPMENT REVIEW); DELETING SUBSECTION 3-2102.D AND RENUMBERING THE FOLLOWING SUBSECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Clearwater finds and determines that Chapter 163, Part II, Florida Statutes, continues to require counties and municipalities to adopt local land development regulations that shall, inter alia, regulate signage [s. 163.3202(2)(f)]; WHEREAS,the City of Clearwater finds and determines that it is appropriate to update and revise its Community Development Code relative to signage; WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences, phrases, words, and provisions of the existing ordinance which are obsolete or superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or which would be severable by a court of competent jurisdiction; WHEREAS,the City of Clearwater finds and determines that it is appropriate to ensure that the Land Development Code as it relates to signs is in compliance with all constitutional and other legal requirements; WHEREAS,the City of Clearwater finds and determines that the purpose, intent and scope of its signage standards and regulations should be detailed so as to affirm that the sign standards and regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; WHEREAS,the City of Clearwater finds and determines that the limitations on the size (area), height, number, spacing, and setback of signs, adopted herein, are based upon sign types; WHEREAS,the City of Clearwater finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; WHEREAS,the City of Clearwater finds and determines that various signs that serve as signage for particular land uses, such as drive-through lanes for businesses, are based upon content-neutral criteria in recognition of the functions served by those land uses, but not based -2- upon any intent to favor any particular viewpoint or control the subject matter of public discourse; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby still allow adequate alternative means of communications; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby allow and leave open adequate alternative means of communications, such as newspaper advertising and communications, internet advertising and communications, advertising and communications in shoppers and pamphlets, advertising and communications in telephone books, advertising and communications on cable and satellite television, advertising and communications on UHF and/or VHF television, advertising and communications on AM and/or FM radio, advertising and communications on satellite and internet radio, advertising and communications via direct mail, and other avenues of communication available in the City of Clearwater [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); and La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006 WHEREAS, the City of Clearwater finds and determines that the provisions of Division 18 that amend portions of the current Division IV are consistent with all applicable goals, objectives and policies of the City’s adopted Comprehensive Plan, including Goal A.3, Objective A.3.1, and Policies A.3.1.1, A.3.1.2 and A.3.1.3; WHEREAS,the City of Clearwater finds and determines that these amendments are not in conflict with the public interest; WHEREAS,the City of Clearwater finds and determines that these amendments will not result in incompatible land uses; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a law that is content-based is subject to strict scrutiny under the First Amendment of the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a compelling government interest is a higher burden than a substantial or significant governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, aesthetics is not a compelling governmental interest but is a substantial governmental interest; WHEREAS,the City of Clearwater recognizes that until a recent Supreme Court decision released in June 2015, there had not been clarity as to what constitutes a content-based law as distinguished from a content-neutral law; -3- WHEREAS,the City of Clearwater recognizes that in Reed v. Town of Gilbert, Ariz., — U.S. —, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayor, addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary noncommercial signs; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that content-based regulation is presumptively unconstitutional and requires a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that even a purely directional message, which merely gives the time and location of a specific event, is one that conveys an idea about a specific event, so that a category for directional signs is therefore content-based, and event-based regulations are not content neutral; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that if a sign regulation on its face is content-based, neither its purpose, nor function, nor justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a compelling governmental interest; WHEREAS, the City of Clearwater recognizes that in Reed,Justice Alito in a concurring opinion joined in by Justices Kennedy and Sotomayor pointed out that municipalities still have the power to enact and enforce reasonable sign regulations; WHEREAS,the City of Clearwater recognizes that Justice Alito in the concurring opinion joined in by Justices Kennedy and Sotomayor provided a list of rules that would not be content-based; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that these rules, listed below, were not a comprehensive list of such rules; WHEREAS,the City of Clearwater recognizes that Justice Alito included the following rules among those that would not be content-based: (1) rules regulating the size of signs, which rules may distinguish among signs based upon any content-neutral criteria such as those listed below; (2) rules regulating the locations in which signs may be placed, which rules may distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages and electronic signs with messages that change; (5) rules that distinguish between the placement of signs on private and public property; (6) rules distinguishing between the placement of signs on commercial and residential property; (7) rules distinguishing between on-premises and off- premises signs [see discussion in Memorandum dated September 11, 2015 from Lawrence Tribe to Nancy Fletcher, President, Outdoor Advertising Association of America, re Applying the First Amendment to Regulations Distinguishing Between Off-premises and On-premises Signs After Reed v. Town of Gilbert]; (8) rules restricting the total number of signs allowed per mile of -4- roadway; and (9) rules imposing time restrictions on signs advertising a one-time event, where rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed; WHEREAS, the City of Clearwater recognizes that the distinction between the location of off-premises signs and on-premises signs is a time, place and manner regulation, and is not a content-based as noted by Justice Alito, and further recognizes that in 1978 in Suffolk Outdoor, over the objection of Justices Blackmun and Powell, the U.S. Supreme Court denied review of the underlying decision for the want of a substantial federal question and that the denial on this basis was a decision on the merits, wherein the decisions was framed by the petitioner’s jurisdictional statement which presented its first question as to whether a total ban on billboards within an entire municipality was constitutional, claiming that this disparate treatment of off- premises billboards from on-premises accessory signs was a violation of the First Amendment; WHEREAS,the City of Clearwater acknowledges that the significance of Suffolk Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes, and to ban the latter, and that this merits decision has never been overturned; WHEREAS,the City of Clearwater recognizes that Justice Alito further noted that in addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech [see Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots and other destination locations identified as having significance under an official governmental wayfinding plan that meet the criteria for governmental speech; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that the Reed decision, properly understood, will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives, including rules that distinguish between on-premises and off-premises signs; WHEREAS,the City of Clearwater recognizes that as a result of the Reed decision, it is appropriate and necessary for local governments to review and analyze their sign standards and regulations, beginning with their temporary sign standards and regulations, so as to make the necessary changes to conform with the holding in Reed; WHEREAS,the City of Clearwater recognizes that government speech is not subject to First Amendment scrutiny as was confirmed by the United States Supreme Court in Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015), released in June 2015 the same day as the Reed decision, and the Confederate Veterans decision has been followed as to government signs by the Eleventh Circuit in Mech v. School Bd. of Palm Beach County, 806 3d 1070 (11th Cir. 2015), cert. denied, --- S.Ct. ----, 2016 WL 2943619 (October 3, 2016); WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, commercial speech may be subject to greater restrictions than noncommercial speech and that doctrine is true for both temporary signs as well as for permanent signs; -5- WHEREAS,the City of Clearwater finds and determines that under Florida law, whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void; (3) the good and the bad features are not so inseparable in substance that it can be said that the legislative body would have passed the one without the other; and (4) an act complete in itself remains after the valid provisions are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)]; WHEREAS,the City of Clearwater finds and determines that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause; WHEREAS,the City of Clearwater finds and determines that the City has consistently adopted and enacted severability provisions in connection with its ordinance code provisions; and the City wishes to ensure that severability provisions apply to its land development regulations, including its sign standards; WHEREAS,the City of Clearwater finds and determines that there be an ample record of its intention that the presence of a severability clause in connection with the City’s sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any provision is invalid or unconstitutional for any reason whatsoever; WHEREAS, the City of Clearwater finds and determines that objects and devices such as graveyard and cemetery markers visible from a public area, vending machines or express mail drop-off boxes visible from a public area, decorations that do not constitute advertising visible from a public area, artwork that does not constitute advertising; a building’s architectural features visible from a public area, or a manufacturer’s or seller’s markings on machinery or equipment visible from a public area are not within the scope of what is intended to be regulated through “land development” regulations that pertain to signage under Chapter 163 of the Florida Statutes; WHEREAS, the City of Clearwater finds and determines that the aforesaid objects and devices are commonly excluded or exempted from being regulated as signs in land development regulations and sign regulations, and that extending a regulatory regime to such objects or devices would be inconsistent with the free speech clause of the First Amendment; WHEREAS, the City of Clearwater finds and determines that the preambles in Ordinance No. 8343-12 that pertain to those provisions of Division 18 that are not amended by this ordinance are still applicable today after the Reed decision; WHEREAS, the City of Clearwater finds and determines that the city is a resort community on the east coast of the state with several miles of beaches on the Gulf of Mexico and the City has an economic base which relies heavily on tourism; -6- WHEREAS, the City of Clearwater finds and determines that in order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually- attractive urban environment continues to be of foremost importance; WHEREAS, the City of Clearwater finds and determines that the regulation of signs within the city is a highly contributive means by which to achieve this desired end, and that the sign standards and regulations in Exhibit A attached to proposed Ordinance 9029-17 are prepared with the intent of enhancing the urban environment and promoting the continued well- being of the city; WHEREAS,the City of Clearwater finds and determines that Article II, Section 7, of the Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to conserve and protect its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics is a substantial governmental interest and directly serves the policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and protecting its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; WHEREAS,the City of Clearwater finds and determines that as far back as 1954 the United States Supreme Court recognized that “the concept of the public welfare is broad and inclusive,” that the values it represents are “spiritual as well as physical, aesthetic as well as monetary,” and that it is within the power of the legislature “to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled” [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)]; WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis for zoning, and the regulation of the size of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 805 (1970)]; WHEREAS,the City of Clearwater finds and determines that the enhancement of the visual environment is critical to a community’s image and its continued presence as a tourist destination; WHEREAS,the City of Clearwater finds and determines that the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment;. WHEREAS, the City of Clearwater finds and determines that the beauty of the City of Clearwater, both with regard to its natural and built and developed environment has provided the foundation for the economic base of the City’s development, and that the City’s sign regulations -7- not only help create an attractive community for its residents, but also bolster Clearwater’s image as a tourist destination; WHEREAS, the City of Clearwater finds and determines that the goals, objectives and policies from planning documents developed over the years, demonstrate a strong, long-term commitment to maintaining and improving the City’s attractive and visual environment; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, one of the most important community goals is to define and protect aesthetic resources and community character; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, sign regulations are especially important to cities with a tourist-based economy, and sign control can create a sense of character and ambiance that distinguishes one community from another; WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly, establishes a permanent residential and commercial base to ensure the future viability of the community; WHEREAS, the City of Clearwater finds and determines that the purpose of the regulation of signs as set forth in Exhibit A to proposed Ordinance 9029-17 is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to enhance the attractiveness and economic well-being of the city as a place to live, vacation and conduct business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to warning signs and unsafe signs are intended to serve a compelling government interest by protecting the public from the dangers; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to traffic directional signage are intended to serve a compelling government interest by protecting pedestrians and motorists from harm; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to permit signs that are compatible with their surroundings and aid orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs; -8- WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preclude signs from conflicting with the principal permitted use of the site or adjoining sites; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to require signs to be constructed, installed and maintained in a safe and satisfactory manner; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preserve and enhance the natural and scenic characteristics of this coastal resort community; WHEREAS,the City of Clearwater finds and determines that the regulation of signage was originally mandated by Florida’s Local Government Comprehensive Planning and Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this requirement continues to apply to the City of Clearwater through Section 163.3202(2)(f), Florida Statutes, as referenced above; WHEREAS, the City of Clearwater finds and determines that it has adopted a land development code, known as the Community Development Code, in order to implement its Comprehensive Plan, and to comply with the minimum requirements in the State of Florida’s Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of signage and future land use; WHEREAS, the intent of flexibility in the design criteria for sidewalk signs in Table 3- 1806.1.e is to achieve a creatively designed sign that fosters an attractive, dynamic and vibrant urban environment that will enhance community character. WHEREAS, the City of Clearwater finds and determines that the Community Development Code is the manner by which the City has chosen to regulate signage; WHEREAS, the City of Clearwater finds and determines that the Community Development Code and its signage regulations were and are intended to maintain and improve the quality of life for all citizens of the City; -9- WHEREAS, the City of Clearwater finds and determines that in meeting the purposes and goals established in these preambles, it is appropriate to prohibit and/or to continue to prohibit certain sign types, as set forth in Division 18; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code, is hereby amended to read as follows, with deletions noted by strike-through and additions noted by underlining: * * * Decorations, holiday and seasonal mean decorations that pertain to legally or otherwise recognized holidays or to a season of the year. Decoration means any decoration visible from a public area that does not include lettering or text and is not displayed for commercial advertising. * * * Sign means any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product designed to convey information to the public and is visible from an abutting property, from a public street, sidewalk or right-of-way, or from a body of water. For the purpose of this development code, the term “sign” shall include all structural members. A sign shall be construed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered a single sign. Except for banner, flags, temporary and portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building wall or other base material. All signs shall be constructed of materials designed to be permanent, withstand weather conditions, and shall have permanent supports appropriate for its size. The term sign shall not include: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets. Sign, adopt a park or acknowledgment means a government sign that recognizes a sponsoring agency which has been given the opportunity to install and maintain landscaping in city rights-of-way or on a city-owned property at the site where the landscaping is located. * * * Sign, billboard means a non-point-of-sale sign that exceeds twenty-four square feet and which advertises a business, organization, event, person, place or thing or other commercial message. Sign, construction means a temporary on-premise sign that functions to identify -10- the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and that may function to identify the contractor and/or any subcontractor engaged to perform construction activity on the site. * * * Sign, election means a temporary sign erected or displayed for the purpose of expressing support or opposition to a candidate or stating a position regarding an issue upon which the voters of the City may vote. * * * Sign, feather or flutter sign means a sign extending in a sleeve-like fashion down a telescoping or fixed pole that is mounted in the ground or on a building or stand. A feather sign or flutter sign is usually shaped like a sail or feather, and attached to the pole support on one vertical side. * * * Sign, free expression means a sign, not in excess of three square feet in total sign face area and whose top is not more than six feet off the ground, that functions to communicate information or views on matters of public policy or public concern, or containing any other noncommercial message that is otherwise lawful. Sign, garage-yard sale means any temporary sign pertaining to the sale of personal property at or upon any residentially-zoned property located in the City of Clearwater, provided that the on-site sale at a residentially-zoned parcel is lawful under the land use regulations and other applicable laws of the City of Clearwater. Sign, fuel price display means any on-site sign which functions exclusively to displays the prices of gasoline for sale. * * * Sign, government means any temporary or permanent sign erected by or on order of a public official or quasi-public entity at the federal, state or local government level in the performance of any duty including, but not limited to, designated wayfinding signs. noncommercial signs identifying a government building or service, traffic control signs, street name signs, warning signs, safety signs, informational signs, traffic or other directional signs, public notices of events, public notices of government actions, proposed changes of land use, any proposed rezoning, or any other governmental speech. * * * Sign, identification means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises on which the sign is located. -11- * * * Sign, machinery or equipment means a sign which is integral and incidental to machinery or equipment, and that is incorporated into machinery or equipment by a manufacturer or distributor to identify or advertise the product or service dispensed by the machine or equipment, such as a sign customarily affixed or incorporated into a vending machine, a telephone booth, ATM, a gasoline pump, a newspaper rack, an express mail drop-off box, or the like. * * * Sign, public purpose shall mean a sign providing notice to (a) an event, gathering, assembly or other meeting that is open to the public at large. * * * Sign, safety means a sign that functions to serves a compelling governmental purpose by providing provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.). Sign, sidewalk (sometimes referred to as a Wind style sign or an A-Frame Sign a sandwich board sign) means any freestanding single or double faced sign which is designed to be placed upon, but not affixed to, the ground, or sidewalks or pavement, and that is portable and readily moved from place to place. -12- * * * Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet and that exhibits movement when filled with air to attract attention. * * * Sign, traffic control device means any government sign located within the right- of-way that serve a compelling governmental purpose by functioning functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. Traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and official guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). * * * Sign, wind-activated means a sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include pennants, ribbons, spinners, streamers, or captive balloons, however the term wind activated sign shall not include flags. * * * Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development Code, is hereby revised by amending section 3-1801 (General principles); amending section 3- -13- 1803 (Exempt signs), amending section 3-1804 (Prohibited signs), deleting section 3-1805 (General standards) and substituting in its place a new section 3-1805 (General provisions for signs); deleting section 3-1806 (Signs permitted without a permit) and substituting in its place a new section 3-1806 (Temporary signs); and amending section 3-1807 (Permitted signs requiring development review), City of Clearwater Community Development Code, to read as set forth in the revisions to Division 18 attached hereto as “Exhibit A,” which is hereby adopted as part of the City of Clearwater Community Development Code. Section 3. All references to Article 3, Division 18, of the City of Clearwater Community Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this Ordinance. Section 4. Article 3, Section 3-2102.D, City of Clearwater Community Development Code, is hereby amended to delete the current Subsection 3-2102.D and re-letter the following subsections, with deletions noted by strike-through and additions noted by underlining: * * * D. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray-painted. Details of any proposed signage must be submitted with an application for a temporary use permit. E. D. Where a tent or similar structure is to be used in conjunction with a temporary use, the following shall be met. 1. Comply with all requirements of the fire marshal; 2. Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor; and 3. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. FE. Where a tent or similar structure is to be used in conjunction with a temporary use, the tent shall be allowed to be set-up on the day before the temporary use is scheduled to begin, and shall be allowed to be taken down the day after the temporary use is scheduled to end. However, additional time may be allowed for circuses or carnivals as determined by the community development coordinator. Section 5. This ordinance shall take effect immediately upon adoption. -14- PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk -15- EXHIBIT A -16- DIVISION 18. - SIGNS Section 3-1801. - General principles. Section 3-1802. – Purpose. Section 3-1803. - Exempt signs. Section 3-1804. - Prohibited signs. Section 3-1805. - General standards. Section 3-1806. - Signs permitted without a permit. Section 3-1805. - General provisions for signs. Section 3-1806. - Temporary signs. Section 3-1807. - Permitted signs requiring development review. Section 3-1808. - Comprehensive sign program. Section 3-1809. - Severability. -17- Section 3-1801. - General principles. The regulation of signs as provided herein is based upon their function, and is not based upon the content of the message contained on any such sign. The Florida Constitution provides that it is the policy of the state to conserve and protect its scenic beauty, and the regulation of signage for purposes of aesthetics directly serves that policy. Since 1985, the Florida Statutes have required that municipalities enact land development regulations that regulate signage. The city is a resort community on the west coast of the state with more than five miles of beaches on the Gulf of Mexico. This city has an economic base which relies heavily on tourism. In order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive urban environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing the urban environment and promoting the continued well-being of the city. The enhancement of the visual environment is critical to a community's image and its continued presence as a tourist destination, and the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment. -18- Section 3-1803. - Exempt signs. The following signs are exempt from regulation under this Division 18: A. A sign, other than a window sign, located entirely inside the premises of a building or enclosed space. B. A sign on a car, other than a prohibited vehicle sign or signs. C. A statutory sign. D. A traffic control device sign. E. Any sign not visible from a public street, sidewalk or right-of-way or from a navigable waterway or body of water; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use. F. A government sign. -19- Section 3-1804. - Prohibited signs. The following types of signs are prohibited: A. Feather/flutter signs; Wind-activated signs; Air-dancer signs; Sky-dancer signs. Balloons, cold air inflatables, streamers, and pennants, except as allowed on public property in Section 3-1806.R. B. Bench signs. Bench signs, other than the identification of the transit company or its route schedule. C. Billboards. D. Discontinued signs. Discontinued signs and/or sign structures which are determined to be nonconforming with the provisions of this Division 18 shall be required to be removed by the property owner after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. A discontinued sign and/or sign structure which is determined to be nonconforming with the provisions of this Division 18 shall not be required to be removed if it is brought into conformity with the provisions of this Division 18 within three (3) months after receipt of notification, or refusal to accept delivery of notification by certified mail that removal is required upon failure to bring the structure into conformity. E. Electronic changeable message signs unless otherwise allowed herein or those that are existing, legally nonconforming message signs. Legally nonconforming message signs shall only be either those that have general messages that change no more frequently than once every one hour and meet the requirements of this Division 18, or they are signs that only display a change in time and/or temperature no more frequently than once every minute, as necessary to correctly reflect accurate information and not be misleading. (e.g., fuel gasoline price signs), with the following exceptions: 1.Menu signs that change no more frequently than once every three hours and that are not otherwise prohibited. 2.Existing and legally nonconforming message signs: a.General messages which change no more frequently than once every six hours, including onsite signs at gasoline price signs that meet the requirements of this Division 18; or b.Signs which only display time and/or temperature which change no more frequently than once every 15 seconds. F. Reserved. Menu signs on which the message changes more rapidly than once every three hours. G. Pavement markings, except street addresses. H. Portable signs. I.Roof and above roof signs. J.Sidewalk signs, except as provided herein. -20- K. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. L. Signs in or upon any river, bay, lake, or other body of water. M. Permanent Signs located on publicly-owned land or easements or inside street rights-of- way., except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c) sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-1807.B.4., (d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. This prohibition does not apply to government signs or transit shelter signage authorized by law. N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. O. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in any way whatsoever, including animated signs, multi-prism signs, tri- vision signs, floodlights and beacon lights (except when beacon lights are required by the Federal Aviation Agency or other governmental agency for a public purpose involving public safety), unless otherwise expressly allowed by another provision within this Division 18. Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign or official traffic signal. R. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. S. Signs attached to or placed on any tree or other vegetation. T. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events. U. Snipe signs. V. Three-dimensional objects that are used as signs. W. Vehicle signs, and portable trailer signs. X. Any permanent sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Community Development Code. -21- Section 3-1805. - General standards. A.Setback.No sign shall be located within five feet of a property line of a parcel proposed for development. B.Neon signs and lighting.Neon signs and lighting shall be permitted as freestanding and attached signage as provided in this Division 18. When neon lighting is utilized to emphasize the architectural features of a building, such as when used to outline doorways, windows, façades, or architectural detailing, or when used to accentuate site landscaping, it shall not be regarded as signage provided such lighting does not change in intensity, brightness or color or direction. In addition, neon lighting used as freestanding designs or murals or as attached murals or designs unrelated to the architectural features of the building to which the lighting is attached shall be permitted, but shall be counted toward the allowable area of the property's or occupancy's freestanding or attached signage, as applicable. C.Illuminated signs. 1.The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. 2.No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. 3.No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. 4.Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 5.The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. D.Banners and flags.A banner or flag may be used as a permitted freestanding or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. E.Gasoline price signs.Gasoline price display signs shall be allowed in all non-residential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. A gasoline price display sign may be changed manually or electronically. F.Awnings.Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed 25 percent of the awning surface area on which the graphic is placed or 16 square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to 25 percent of the valance surface. If text and a graphic element are proposed on an awning, such text and -22- graphic element shall be governed by the attached signs provisions set forth in Section 3- 1807.B.3. This provision does not apply to back-lit awnings. G.Building and electrical code compliance.All signs shall comply with applicable building and electrical code requirements. H.No limitation based on message content.Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. I.Substitution of noncommercial speech for commercial speech.Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. -23- Section 3-1805. – General provisions for signs. A.Building Code and Electrical Code Compliance.All signs shall comply with applicable building and electrical code requirements. B.Viewpoint Neutrality. Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure. C.Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. D.Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one-half (1/2) acre or less in size and is in nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size. 2. Flag Brackets, Flag Stanchions, and Flags. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags. A flag displayed from a flag bracket or a flag stanchion shall not exceed twenty-four (24) square feet in size. 3. For the purpose of determining the size of a flag, only one side of the flag shall be counted as the display surface. 4. Flags may be externally illuminated. 5. Flagpoles shall not exceed thirty-five (35) feet in height. E.Setback. No sign shall be located within five (5) feet of a property line. Flexibility may be approved by the Community Development Coordinator if the setback cannot be met due to site -24- constraints such as shape irregularities and/or the presence of natural features, existing utilities or easements, making complying with the setback requirement impractical or infeasible and provided sight visibility will not be negatively impacted at intersections or driveways. F.Neon and LED Lighting; Neon and LED Signs. 1. Neon and LED lighting shall not be regarded as signage when it is only used to emphasize the architectural features of a building, such as outlining doorways, windows, façades, or architectural detailing, or accentuating site landscaping, provided that the neon lighting does not change in intensity, brightness or color or direction. 2. Neon and LED signs may be permitted as freestanding and attached signage as provided in this Division 18. G.Illuminated Signs; Brightness. 1. Light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. Light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting to the extent possible; however, the foregoing shall not be construed so as to prohibit an awning with signage from being externally illuminated. 2. No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 3. All self-luminous signs are subject to brightness levels consisting of surface luminosity limits, both during the daytime and nighttime hours. During the daytime (after sunrise and before sunset), the maximum limit of luminosity shall be one thousand (1,000) nits, or 1000 cd/m2. During the nighttime hours (after sunset and before sunrise), there shall be a maximum limit of luminosity of one hundred fifty (150) nits, or 150 cd/m2. H.Awnings. Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed twenty-five percent (25%) of the awning surface area on which the graphic is placed or sixteen (16) square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to twenty-five percent (25%) of the valance surface. If text and a graphic element are proposed on an awning, such text and graphic element shall be governed by the provisions for attached signs set forth in Section 3-1807.B.3. This provision does not apply to back-lit awnings. I.Reserved. J.Menu Signs at Drive-Through Lanes. Attached menu signs of no more than six (6) square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than twenty-four (24) square feet in total sign face area and six (6) feet in height oriented -25- toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. Notwithstanding the foregoing, these signs may be subject to the Comprehensive Sign Program. K.Street Address Signs. 1. One street address sign of no more than two (2) square feet of total sign face area for each parcel of land used for residential purposes. This is a required sign for each parcel of land used for residential purposes. 2. One street address sign of no more than one (1) square foot for each number contained in the property address for each parcel of land used for non-residential purposes. This is a required sign for each parcel of land used for non-residential purposes. 3. The square footage for the street address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. L.Onsite Traffic Control Signs. Onsite traffic control signs of no more than four (4) square feet of sign face area provided that non-traffic control symbols do not exceed twenty-five percent (25%) of the sign face area. M.Parking Space Signs. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half (1/2) square foot of sign face area per sign. N.Marina Signs. 1. Signs at a marina for slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one (1) square feet of sign face area per sign. Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six (6) square feet in total sign face area, and one additional sign of not more than eight (8) square feet in total sign face area placed in the vicinity of the slip. No sign permit is required. 2. Unless otherwise approved by the community development coordinator, two signs, not to exceed six (6) square feet in total sign face area and not to exceed six (6) feet in height may be displayed at any marina in coordination with the city for way finding and shall be considered a government sign. The community development coordinator may approve additional signs as necessary for pedestrian and vehicular traffic based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. O.Window Signs. Window signs may be located on any window area provided such sign or combination of signs does not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed 50 square feet. No sign permit is required. -26- P.Safety and Warning Signs. Safety or warning signs which do not exceed six (6) square feet of total sign face area per sign are allowed on any parcel. No sign permit is required. Q.Maintenance of Sign Location and Sign. 1. Weeds and grass shall be kept cut in front of, behind, underneath, and from around the base of the sign for a minimum distance of ten (10) feet from the sign base, and there shall be no rubbish or debris within ten (10) feet of the sign base or underneath the sign. 2. A sign shall be maintained in a state of good repair. -27- Section 3-1806. - Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this Community Development Code: A. One address sign of no more than two square feet of total sign face area for each parcel of land used for residential purposes and no more than one square foot for each number contained in the property address for each parcel of land used for non-residential purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. B.Free expression signs.For each parcel, one free expression sign may be displayed. A free expression sign may be displayed as an attached sign or as a freestanding sign. A free expression sign shall not exceed six square feet of total sign face area. If a free expression is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. The free expression sign is in addition to any sign displaying a noncommercial message in lieu of a commercial or other noncommercial message pursuant to Section 3-1805.I. C.Temporary election signs.For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed six square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed four feet in height. On parcels that are in nonresidential use, the election sign shall not exceed 16 square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains. D.Temporary grand opening and special event signs. 1.One temporary grand opening sign shall be permitted for 30 days after the issuance of an occupational license for any new business, new owner of an existing business, or business name change. Such sign shall not exceed 24 square feet in total sign face area or such sign may be a temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing permitted attached or freestanding sign. 2.Other temporary special event and/or public purpose signs of a temporary nature shall be approved by the community development coordinator if the signs meet the following criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of a temporary nature, (c) the signs do not exceed the maximum height and size requirements for freestanding signs under this Community Development Code, (d) the display of temporary signs for a special event shall not begin any earlier than two calendar days before the event and shall be removed within one business day after the event, and (e) the signs, if temporary for a limited time and frequency, will meet the following purposes of Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not conflict with -28- the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The community development coordinator shall render a decision within ten days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. E. A single sign no more than four square feet in sign area and indicating a valet parking station and that is visible only during hours that the valet is operating. F.Temporary construction signs.One temporary construction sign located on a parcel proposed for development during the period a building permit is in force or one year, whichever is less, which sign shall not exceed: 1.Six square feet of total sign face area for parcels of land used or proposed to be used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area for parcels of land used or proposed to be used for multi-family purposes other than townhouse units or for non-residential purposes. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed six feet in height. G.For flags displayed on a flag pole not exceeding 35 feet in height or an attached bracket:One flag per detached dwelling unit, three additional flags per parcel of land used for multifamily residential purposes, and three flags per parcel of land used for non-residential purposes. If so used, the area of the flag shall not be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. H.Temporary garage-yard sale signs.One temporary garage-yard sale sign of no more than six square feet of total sign face area located on the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than six square feet of total sign face area per sign face related to a garage or yard sale which are located on privately owned parcels of land other than the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height. I.Attached menu signs of no more than six square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 24 square feet in total sign face area and six feet in height oriented toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. -29- J.Onsite directional and traffic control signs of no more than four square feet of sign face area provided that business logos or other non-traffic control symbols do not exceed 25 percent of the sign face area. K. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half square foot of sign face area per sign. L.Marina slip and directional signs. 1.Signs identifying marina slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one square feet of sign face area per sign. 2.Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six square feet in total sign face area identifying the business located at the slip and one additional sign of not more than eight square feet in total sign face area placed in the vicinity of the slip to identify the vessel rate/embarking schedules, or other information. 3.Unless otherwise approved by the community development coordinator, two directional signs, not to exceed six square feet in total sign face area and not to exceed six feet in height may be displayed at any marina for purposes of way finding. The community development coordinator may approve additional signs based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. M.Temporary real estate signs.One temporary real estate sign per parcel of land indicating that a parcel of land or a building located on the parcel of land or part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign does not exceed: 1.Six square feet of total sign face area on parcels of land designated or used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area on parcels of land designated or used for multi-family purposes other than townhouse units or for non-residential purposes. In the event that more than one dwelling unit or non-residential space on a single parcel of land is for sale, for lease or otherwise available, one attached sign per dwelling or space of no more than two square feet in total sign face area in addition to the permitted freestanding signage. In addition, one freestanding waterfront sign of no more than six square feet of total sign face area, not more than three square feet of sign area per sign face, for each waterfront parcel of land. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. -30- N. Signs located within a stadium which are not oriented toward and readable from outside of a stadium. O. Window signs may be located on any window area provided such sign or combination of signs do not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed 50 square feet. P. Safety or warning signs which do not exceed six square feet of total sign face area per sign. Q. A change in a sign message or panel on a previously approved, lawful sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this ordinance. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. R. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs if located on public property and if the city manager finds that the sign type meets the following criteria: (1) the sign type is for a special event, (2) the special event is for a limited time, (3) the special event is for a limited frequency, and (4) the sign type, if allowed for a limited time and frequency, will meet the following purposes of this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3- 1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The city manager shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. S. A sign on publicly owned land or easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: (1) the sign provides notice to the public of a public meeting or other public event, (2) the sign is temporary and for a limited time, and (3) the sign, if allowed for a limited time, will meet the following purposes of this Division 18, to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The city manager shall render a decision within ten days after an application is made for utilizing such a temporary sign on public -31- property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. T.Directional/informational signs serving a public purpose.A permanent sign on public easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: 1.The sign provides directions and/or information regarding public facilities and/or places of interest; and 2.The sign will meet the purposes of Division 18 to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with adjoining sites, (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.], (e) the sign is consistent with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan and (f) the sign is consistent with the general standards in Section 3-1805. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501.A of this Community Development Code. U.Signs during public construction projects.The following signage shall be allowed in conjunction with public construction projects that are scheduled to last 180 days or longer. 1.Temporary sidewalk signs are permitted for properties abutting qualifying public construction projects in accordance with the following criteria: a.There shall be a maximum of two sidewalk signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. b.Sidewalk signs permitted under this section shall be allowed to be displayed for the duration of the public construction project starting with project commencement and shall be removed within seven days after the final acceptance, by the city, of improvements. c.The size of any sidewalk sign shall not exceed eight square feet in total sign face area, and shall not exceed four feet in height. d.Sidewalk signs permitted under this section shall be constructed in a professional and workmanlike manner from treated wood or other durable material, and copy displayed shall not be spray painted onto the signs. e.No sidewalk sign, permitted as part of this section shall be permanently erected, and shall only be displayed during hours of operation for the business being advertised. f.No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. -32- 2.Temporary wayfinding signs may be permitted on publicly owned land or easements or inside public rights-of-way if the city manager finds that there is a qualifying public construction project that results in a permanent and significant change to the existing traffic circulation patterns within the construction project limits. Such signage shall comply with the following criteria: a.Temporary wayfinding signs shall not be erected prior to the commencement of the public construction project and shall be removed after the conclusion of the project when the city engineer determines that the traveling public has had sufficient time to adjust to the new circulation patterns. b.Temporary wayfinding signs shall not exceed eight square feet in area and twelve feet in height. c.The number and location of temporary wayfinding signs shall be determined by the city engineer and shall serve to notify and help motorists navigate a new traffic circulation pattern. In determining the appropriate number of signs, the city engineer shall consider the nature of the changed pattern, the uses and the number of properties directly impacted by such changed patterns. d.The owner(s) of a parcel of land, shopping center including all outparcels, or office building directly affected by the changed traffic circulation pattern may request to be included on such wayfinding signs. e.Temporary wayfinding signs shall not conceal or obstruct adjacent land uses or signs, shall not interfere with or obstruct the vision of motorists, bicyclists or pedestrians. f.The city shall design, fabricate, install and remove all temporary wayfinding signs and the owners(s) of property referenced on the signs shall reimburse the city for those costs. Such signs shall be installed and maintained in a safe manner. g.The City of Clearwater retains all rights of removal for temporary wayfinding signs. V. One ten square foot freestanding sign not more than five feet in height or one ten square foot attached sign per city park or city recreation facility for the purposes of identifying a program provider or information concerning programs at such park or recreation facility. The design of any such signs shall be approved by the parks and recreation department. W.Adopt-a-park and acknowledgement signs. 1.Adopt-a-park signs may be erected in city rights-of-way or on city-owned property. An adopt-a-park sign shall not exceed three square feet in total sign face area. If freestanding, and adopt-a-park sign shall not exceed 18 inches in height and shall be located, in a landscaped setting. Adopt-a-park signs shall be selected from the approved city street signs catalogue maintained by the manager of traffic operations, provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. The community development coordinator may approve additional adopt-a-park signs based on the -33- following criteria: overall size of site, number of entrances, frontage, access and visibility of the site, intended and existing traffic circulation. 2.Acknowledgment signs may be erected in city rights-of-way or on city-owned property as follows. Such signs may also be affixed or incorporated into a public amenity such as an ash tray or public bench that is located on public property and that is approved by the community development coordinator provided that it is no greater than one square foot in area, is rust-free, and is unobtrusive. -34- Section 3-1806. – Temporary signs. A.Within its zoning districts and subject to any applicable provisions with Section 3-1806, general provisions for signs, the city shall allow temporary signs that meet the criteria and limitations set forth in Table 3-1806.1a and Table 3-1806.1b, shown below. B.A temporary sign displayed on a window surface must be displayed on the inside of the window surface, shall cover no more than twenty-five (25%) of the aggregate window surface area, and shall not be illuminated. This temporary sign allowance shall be reduced by any window surface area already covered by signage allowed in Section 3-1805.O. -35- TABLE 3-1806.1a. CRITERIA AND LIMITATIONS FOR SIDEWALK SIGNS Location In front of primary retail and restaurants within the linear footage of the storefront. Also in the immediate vicinity of parking garages/lots and valet stands. 1 Maximum Number of Signs 1 per business Maximum Width 2 feet Maximum Height 3-1/2 feet Maximum Distance from Building Wall (as measured at the nearest point of sidewalk sign) 2 feet, except 5 feet in the Cleveland Street Café District in the Downtown zoning District and 2 feet from the entryway of a parking garage/lot and valet stands. Maximum Width of Public Sidewalk that the Sign May Obstruct 4 foot clear path on the sidewalk shall be maintained Duration Allowed Only during hours while business or valet service is operating Allowed on Public Property and Right-of-Way Yes Allowed in a Sight Visibility Triangle No Design Criteria Restricted2 Permit Required Yes3 1 Properties adjacent to a public construction project scheduled to last 180 days may also erect sidewalk signs in compliance with the following: a.No more than two sidewalk signs per parcels. b.Parcels with multiple businesses shall coordinate copy on the signs. c.Sign size is limited to 4 feet in height and 8 square feet in area. d.Signs must be constructed in a professional and workmanlike manner from treated wood or other durable material. Sign copy shall not be spray painted onto the signs. e.No sidewalk sign shall block any public right-of-way, shall maintain a 4 foot clear path and shall not be located within the visibility triangle of intersections or driveways. f.Sidewalk signs shall be removed within 7 days after City’s final acceptance of the improvements or completion of the public project. 2 Design Criteria a.All sidewalk sign frames shall: i.be made of durable wood, plastic, or metal only and shall present a finished appearance, and the color of such frames shall be limited to metallic silver/grey, black, white or stained wood. ii.support only black or green colored chalk boards, black, wet marker boards or professional design advertisement/posters made of durable material with clear, non-glare protective covering. b.Sidewalk signs shall not be illuminated or incorporate fluorescent colors. c.Sidewalk signs shall not be attached to any structure, pole, object, building, or other sign or contain moving parts or have balloons, streamers, pennants or similar adornment attached. d.Only wind signs may be allowed to have wheels. e.Flexibility with regard to sign style and size may be considered, provided the sign is designed as part of the architectural theme of the property and/or use using similar and coordinated design features, materials, and colors. 3Permit Information a.A permit shall be obtained on a yearly basis. b.A sketch, photo or drawing of the proposed sidewalk sign, along with the required fee, shall be submitted and approved prior to the placement of the sidewalk sign. c.If proposed to be placed in a public right-of-way, evidence of general liability insurance in the amount of $1,000,000 in a form acceptable to the city, with the city named as additional insured shall also be provided. -36- TABLE 3-1806.1b. CRITERIA AND LIMITATIONS FOR ALL OTHER TEMPORARY SIGNS IN ALL ZONING DISTRICTS CRITERIA Residential Zoning Districts Non-Residential Zoning Districts Maximum Number of Temporary Signs Per Parcel 1 8 4 Maximum Sign Size (Area) for a Temporary Sign 2 4 sf.16 sf. Maximum Sign Height for a Temporary Freestanding Sign3 6 ft.6 ft. Maximum Sign Height for a Temporary Attached Sign (inclusive of a Window Sign) 15 ft.15 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from any property line4 5 ft.5 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from the edge of any paved street or road 5 ft.5 ft. Minimum Radial Spacing that is required to be maintained by a Temporary Freestanding Sign from any other Temporary Freestanding Sign5 15 ft.15 ft. Maximum Aggregate Surface Area Allocated for All Temporary Signs on a Parcel6 64 sf.128 sf. Whether Temporary Sign is Allowed on Public Property or Public Right- of-Way No No Whether Temporary Sign is Allowed within a Sight Visibility Triangle No No Whether Direct Illumination of Surface of a Temporary Sign is Allowed No No Whether Fluorescent Color on a Temporary Sign is Allowed No No Duration Allowed After Event Ends 3 calendar days 3 calendar days 1 The number of temporary commercial signs per parcel shall be no more than two (2) signs; however, no more than one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner sign is limited to a maximum duration of display of no more than thirty (30) days per calendar year per parcel. 2 The square footage limitation is per side for a back-to-back sign. For example, a four (4) square foot limitation means that there is a limit of four (4) square feet of surface area per side of a back-to-back sign, and an aggregate limit of eight (8) square feet is allowed if the sign is a back-to-back temporary sign. 3 Not applicable to signs displayed on flagpoles. 4 Minimum sign setbacks do not apply to attached signs. Except as set forth in Section 3-1806 for Sidewalk Signs as allowed herein and for Valet Stands as allowed herein, All Temporary Signs are prohibited on public property and from public rights-of-way. 5 Not applicable to signs displayed on flagpoles. 6 There is no limit to the number of separate messages that may appear on the allowable surface(s) of any Temporary Sign. The maximum aggregate surface area allowed is subject to circumstances that may reduce the maximum aggregate surface area allowable on some parcels. -37- Section 3-1807. - Permitted signs requiring development review. A.Residential.The following signs shall be permitted in all residential zoning districts: * * * b.Such sign(s) shall be erected on privately-owned property. In the event there is insufficient land owned by a single-family subdivision association or multi-family development developed prior to March 8, 1999, however, the community development coordinator, parks and recreation department, and public works administration may approve the location of such sign in a city right-of-way or on city-owned property provided that such signs are in compliance with Section 3- 1807.A.1.a. above and will not obstruct the vision of motorists, bicyclists or pedestrians, be installed and maintained in safe and neat manner, will not conflict with the principal permitted use of the site or adjoining sites; and that a city right- of-way permit be obtained prior to the installation. * * * B.Non-residential.All signs must be architecturally integrated into the design of the building and/or site using similar and coordinated design and style features, materials and colors. Attached signs shall be horizontally and vertically proportionately located on each façade with no protrusions above roof lines, over windows, trim, cornices, or other building features. Signs for new shopping centers with three or more tenants, including all out parcels, office parks or any master plan development shall be reviewed and approved through the Comprehensive Sign Program set forth in Section 3-1808. * * * 4.Sidewalk signs.Primary permitted retail and restaurant uses may erect one double sided sidewalk sign 42 inches in height and 24 inches in width in accordance with the following provisions, but only in connection with the primary permitted use. Retail, restaurant or other uses which are accessory to another use are not allowed to display sidewalk signs. a.Display of sign.Sidewalk signs shall be displayed only during the hours the business is open and shall be moved indoors at the close of business. b.Location. i.Sidewalk signs shall be placed on the sidewalk in front of the business erecting the sign within its linear frontage. ii. The nearest point of the sidewalk sign shall be no more than two feet from the building wall. However, in the Cleveland Street Café District in the Downtown zoning district, the nearest point shall be five feet from the building wall. iii. A minimum pedestrian path of at least four feet shall be maintained at all times. iv. Sidewalk signs shall not impede ingress or egress to or from a business entrance, be located within a drive aisle, parking area or on any landscaped area, nor block any fire hydrant access or visibility or be located within the visibility triangle of intersections or driveways. -38- c.Design criteria. i.Sidewalk sign frames shall be constructed of durable wood, plastic or metal and present a finished appearance. Sidewalk signs known as wind signs may have a plastic frame and base with or without wheels. Frames shall support black or green chalkboards, black wet markers boards or professionally designed advertisements/posters of a durable material with a clear, non-glare protective covering. Frame and base colors shall be limited to a metallic silver/grey, black, white or be a stained wood. Flexibility with regard to this design criteria may be granted by the community development coordinator in order to achieve a creatively designed sign using a particular symbol or logo indicative of the type of business and services being advertised. ii. Plastic signs, white marker boards, letter track panels (for manually changeable copy), acrylic/plastic panels, hand painted and spray painted copy, tri-folded signs, signs supported by two or more legs that extend three inches or more beyond the face of the sign, bases with hinged feet that fold flat and other similar features and sign designs shall be prohibited. Swinger style sidewalk signs shall also be prohibited unless of a unique design as determined by the community development coordinator. iii. Sidewalk signs shall not be illuminated nor contain moving parts or have balloons, streamers, pennants or similar adornment attached to them. iv. Sidewalk signs shall not be attached to any structure, pole, object, or sign. d.Permit required yearly.A permit for a sidewalk sign shall be obtained on a yearly basis. A permit application with a sketch, photo or drawing of the sidewalk sign and the required fee shall be submitted and approved prior to the placement of a sidewalk sign on public or private property. Sidewalk signs to be placed in a public right-of-way shall also submit evidence of general liability insurance in the amount of $1,000,000.00 in a form acceptable to the city, with the city named as additional insured. A permit shall only authorize the sign submitted along with the permit application. Any changes to the approved sign will require the business owner to obtain a new permit. e.Removal by the city.The city shall have the authority to secure, remove or relocate any sidewalk sign located in the public right-of-way if necessary in the interest of public safety, in emergency situations, or if the sign is not in compliance with any provisions of this section. 45.Transit and shelter signs.Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this Community Development Code, subject to the following restrictions: a.The advertising contained in the transit shelter shall be limited to the "downstream" end wall (furthest from approaching transit vehicles) for a two-sided or flared and secured panel. b.Lighting of advertising materials shall be limited to back-lighting. -39- c.No advertising poster shall exceed 24 square feet in area, or be greater than six feet in height and four feet in width. d.The total number of transit shelters containing advertising shall not exceed 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 56.Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: (a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40%) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, or on fuel price and menu signs may change no more frequently than once every one hour. ab. Electronic changeable message signs shall be permitted for a facility or venue that has seating for more than 2,000 or more people must also meet these additional criteria: (a) it is located on public property that exceeds 35 acres, and (b) it serves a significant public purpose directly related to the facility or venue, and (c) the sign type will meet the following purposes of this Division 18, to wit: (1) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval by the City shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. bc. Any sign may include an area for manually changeable copy provided the sign meets all of the area and design requirements set forth in Division 18, including but not limited to any and all criteria that limits sign area by percentage or any requirement that requires any color coordination or other such design criteria. 67.Nonconforming uses.Any nonconforming use, which would be entitled to a sign if it were conforming, shall be permitted to erect the maximum amount of allowable signage in the district in which the use is located. C.On-premise signs in public parks and on school grounds.In any public park or on On any school grounds in any zoning district, the following signs are permitted. 1.One freestanding entry sign for each major entry into a school or a park of not more than 20 50 square feet in total sign face area 2.The height of the sign shall not exceed six 14 feet. -40- 3.A freestanding sign shall be installed in a landscaped area consisting of shrubs and/or ground cover not less than three feet in width around the entire base of the sign and shall include the address of the property on which the sign is to be located. END ORDINANCE NO. 9029-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION 102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 3-1801 (GENERAL PRINCIPLES); AMENDING SECTION 3-1803 (EXEMPT SIGNS), AMENDING SECTION 3-1804 (PROHIBITED SIGNS), DELETING SECTION 3-1805 (GENERAL STANDARDS) AND ADDING A NEW SECTION 3-1805 (GENERAL PROVISIONS FOR SIGNS); DELETING SECTION 3-1806 (SIGNS PERMITTED WITHOUT A PERMIT) AND ADDING A NEW SECTION 3-1806 (TEMPORARY SIGNS); AND AMENDING SECTION 3-1807 (PERMITTED SIGNS REQUIRING DEVELOPMENT REVIEW); DELETING SUBSECTION 3-2102.D AND RENUMBERING THE FOLLOWING SUBSECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Clearwater finds and determines that Chapter 163, Part II, Florida Statutes, continues to require counties and municipalities to adopt local land development regulations that shall, inter alia, regulate signage [s. 163.3202(2)(f)]; WHEREAS,the City of Clearwater finds and determines that it is appropriate to update and revise its Community Development Code relative to signage; WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences, phrases, words, and provisions of the existing ordinance which are obsolete or superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or which would be severable by a court of competent jurisdiction; WHEREAS,the City of Clearwater finds and determines that it is appropriate to ensure that the Land Development Code as it relates to signs is in compliance with all constitutional and other legal requirements; WHEREAS,the City of Clearwater finds and determines that the purpose, intent and scope of its signage standards and regulations should be detailed so as to affirm that the sign standards and regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; WHEREAS,the City of Clearwater finds and determines that the limitations on the size (area), height, number, spacing, and setback of signs, adopted herein, are based upon sign types; WHEREAS,the City of Clearwater finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; WHEREAS,the City of Clearwater finds and determines that various signs that serve as signage for particular land uses, such as drive-through lanes for businesses, are based upon content-neutral criteria in recognition of the functions served by those land uses, but not based -2- upon any intent to favor any particular viewpoint or control the subject matter of public discourse; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby still allow adequate alternative means of communications; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby allow and leave open adequate alternative means of communications, such as newspaper advertising and communications, internet advertising and communications, advertising and communications in shoppers and pamphlets, advertising and communications in telephone books, advertising and communications on cable and satellite television, advertising and communications on UHF and/or VHF television, advertising and communications on AM and/or FM radio, advertising and communications on satellite and internet radio, advertising and communications via direct mail, and other avenues of communication available in the City of Clearwater [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); and La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006 WHEREAS, the City of Clearwater finds and determines that the provisions of Division 18 that amend portions of the current Division IV are consistent with all applicable goals, objectives and policies of the City’s adopted Comprehensive Plan, including Goal A.3, Objective A.3.1, and Policies A.3.1.1, A.3.1.2 and A.3.1.3; WHEREAS,the City of Clearwater finds and determines that these amendments are not in conflict with the public interest; WHEREAS,the City of Clearwater finds and determines that these amendments will not result in incompatible land uses; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a law that is content-based is subject to strict scrutiny under the First Amendment of the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a compelling government interest is a higher burden than a substantial or significant governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, aesthetics is not a compelling governmental interest but is a substantial governmental interest; WHEREAS,the City of Clearwater recognizes that until a recent Supreme Court decision released in June 2015, there had not been clarity as to what constitutes a content-based law as distinguished from a content-neutral law; -3- WHEREAS,the City of Clearwater recognizes that in Reed v. Town of Gilbert, Ariz., — U.S. —, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayor, addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary noncommercial signs; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that content-based regulation is presumptively unconstitutional and requires a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that even a purely directional message, which merely gives the time and location of a specific event, is one that conveys an idea about a specific event, so that a category for directional signs is therefore content-based, and event-based regulations are not content neutral; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that if a sign regulation on its face is content-based, neither its purpose, nor function, nor justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a compelling governmental interest; WHEREAS, the City of Clearwater recognizes that in Reed,Justice Alito in a concurring opinion joined in by Justices Kennedy and Sotomayor pointed out that municipalities still have the power to enact and enforce reasonable sign regulations; WHEREAS,the City of Clearwater recognizes that Justice Alito in the concurring opinion joined in by Justices Kennedy and Sotomayor provided a list of rules that would not be content-based; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that these rules, listed below, were not a comprehensive list of such rules; WHEREAS,the City of Clearwater recognizes that Justice Alito included the following rules among those that would not be content-based: (1) rules regulating the size of signs, which rules may distinguish among signs based upon any content-neutral criteria such as those listed below; (2) rules regulating the locations in which signs may be placed, which rules may distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages and electronic signs with messages that change; (5) rules that distinguish between the placement of signs on private and public property; (6) rules distinguishing between the placement of signs on commercial and residential property; (7) rules distinguishing between on-premises and off- premises signs [see discussion in Memorandum dated September 11, 2015 from Lawrence Tribe to Nancy Fletcher, President, Outdoor Advertising Association of America, re Applying the First Amendment to Regulations Distinguishing Between Off-premises and On-premises Signs After Reed v. Town of Gilbert]; (8) rules restricting the total number of signs allowed per mile of -4- roadway; and (9) rules imposing time restrictions on signs advertising a one-time event, where rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed; WHEREAS, the City of Clearwater recognizes that the distinction between the location of off-premises signs and on-premises signs is a time, place and manner regulation, and is not a content-based as noted by Justice Alito, and further recognizes that in 1978 in Suffolk Outdoor, over the objection of Justices Blackmun and Powell, the U.S. Supreme Court denied review of the underlying decision for the want of a substantial federal question and that the denial on this basis was a decision on the merits, wherein the decisions was framed by the petitioner’s jurisdictional statement which presented its first question as to whether a total ban on billboards within an entire municipality was constitutional, claiming that this disparate treatment of off- premises billboards from on-premises accessory signs was a violation of the First Amendment; WHEREAS,the City of Clearwater acknowledges that the significance of Suffolk Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes, and to ban the latter, and that this merits decision has never been overturned; WHEREAS,the City of Clearwater recognizes that Justice Alito further noted that in addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech [see Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots and other destination locations identified as having significance under an official governmental wayfinding plan that meet the criteria for governmental speech; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that the Reed decision, properly understood, will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives, including rules that distinguish between on-premises and off-premises signs; WHEREAS,the City of Clearwater recognizes that as a result of the Reed decision, it is appropriate and necessary for local governments to review and analyze their sign standards and regulations, beginning with their temporary sign standards and regulations, so as to make the necessary changes to conform with the holding in Reed; WHEREAS,the City of Clearwater recognizes that government speech is not subject to First Amendment scrutiny as was confirmed by the United States Supreme Court in Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015), released in June 2015 the same day as the Reed decision, and the Confederate Veterans decision has been followed as to government signs by the Eleventh Circuit in Mech v. School Bd. of Palm Beach County, 806 3d 1070 (11th Cir. 2015), cert. denied, --- S.Ct. ----, 2016 WL 2943619 (October 3, 2016); WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, commercial speech may be subject to greater restrictions than noncommercial speech and that doctrine is true for both temporary signs as well as for permanent signs; -5- WHEREAS,the City of Clearwater finds and determines that under Florida law, whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void; (3) the good and the bad features are not so inseparable in substance that it can be said that the legislative body would have passed the one without the other; and (4) an act complete in itself remains after the valid provisions are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)]; WHEREAS,the City of Clearwater finds and determines that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause; WHEREAS,the City of Clearwater finds and determines that the City has consistently adopted and enacted severability provisions in connection with its ordinance code provisions; and the City wishes to ensure that severability provisions apply to its land development regulations, including its sign standards; WHEREAS,the City of Clearwater finds and determines that there be an ample record of its intention that the presence of a severability clause in connection with the City’s sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any provision is invalid or unconstitutional for any reason whatsoever; WHEREAS, the City of Clearwater finds and determines that objects and devices such as graveyard and cemetery markers visible from a public area, vending machines or express mail drop-off boxes visible from a public area, decorations that do not constitute advertising visible from a public area, artwork that does not constitute advertising; a building’s architectural features visible from a public area, or a manufacturer’s or seller’s markings on machinery or equipment visible from a public area are not within the scope of what is intended to be regulated through “land development” regulations that pertain to signage under Chapter 163 of the Florida Statutes; WHEREAS, the City of Clearwater finds and determines that the aforesaid objects and devices are commonly excluded or exempted from being regulated as signs in land development regulations and sign regulations, and that extending a regulatory regime to such objects or devices would be inconsistent with the free speech clause of the First Amendment; WHEREAS, the City of Clearwater finds and determines that the preambles in Ordinance No. 8343-12 that pertain to those provisions of Division 18 that are not amended by this ordinance are still applicable today after the Reed decision; WHEREAS, the City of Clearwater finds and determines that the city is a resort community on the east coast of the state with several miles of beaches on the Gulf of Mexico and the City has an economic base which relies heavily on tourism; -6- WHEREAS, the City of Clearwater finds and determines that in order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually- attractive urban environment continues to be of foremost importance; WHEREAS, the City of Clearwater finds and determines that the regulation of signs within the city is a highly contributive means by which to achieve this desired end, and that the sign standards and regulations in Exhibit A attached to proposed Ordinance 9029-17 are prepared with the intent of enhancing the urban environment and promoting the continued well- being of the city; WHEREAS,the City of Clearwater finds and determines that Article II, Section 7, of the Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to conserve and protect its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics is a substantial governmental interest and directly serves the policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and protecting its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; WHEREAS,the City of Clearwater finds and determines that as far back as 1954 the United States Supreme Court recognized that “the concept of the public welfare is broad and inclusive,” that the values it represents are “spiritual as well as physical, aesthetic as well as monetary,” and that it is within the power of the legislature “to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled” [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)]; WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis for zoning, and the regulation of the size of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 805 (1970)]; WHEREAS,the City of Clearwater finds and determines that the enhancement of the visual environment is critical to a community’s image and its continued presence as a tourist destination; WHEREAS,the City of Clearwater finds and determines that the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment;. WHEREAS, the City of Clearwater finds and determines that the beauty of the City of Clearwater, both with regard to its natural and built and developed environment has provided the foundation for the economic base of the City’s development, and that the City’s sign regulations -7- not only help create an attractive community for its residents, but also bolster Clearwater’s image as a tourist destination; WHEREAS, the City of Clearwater finds and determines that the goals, objectives and policies from planning documents developed over the years, demonstrate a strong, long-term commitment to maintaining and improving the City’s attractive and visual environment; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, one of the most important community goals is to define and protect aesthetic resources and community character; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, sign regulations are especially important to cities with a tourist-based economy, and sign control can create a sense of character and ambiance that distinguishes one community from another; WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly, establishes a permanent residential and commercial base to ensure the future viability of the community; WHEREAS, the City of Clearwater finds and determines that the purpose of the regulation of signs as set forth in Exhibit A to proposed Ordinance 9029-17 is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to enhance the attractiveness and economic well-being of the city as a place to live, vacation and conduct business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to warning signs and unsafe signs are intended to serve a compelling government interest by protecting the public from the dangers; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to traffic directional signage are intended to serve a compelling government interest by protecting pedestrians and motorists from harm; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to permit signs that are compatible with their surroundings and aid orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs; -8- WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preclude signs from conflicting with the principal permitted use of the site or adjoining sites; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to require signs to be constructed, installed and maintained in a safe and satisfactory manner; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preserve and enhance the natural and scenic characteristics of this coastal resort community; WHEREAS,the City of Clearwater finds and determines that the regulation of signage was originally mandated by Florida’s Local Government Comprehensive Planning and Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this requirement continues to apply to the City of Clearwater through Section 163.3202(2)(f), Florida Statutes, as referenced above; WHEREAS, the City of Clearwater finds and determines that it has adopted a land development code, known as the Community Development Code, in order to implement its Comprehensive Plan, and to comply with the minimum requirements in the State of Florida’s Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of signage and future land use; WHEREAS, the intent of flexibility in the design criteria for sidewalk signs in Table 3- 1806.1.e is to achieve a creatively designed sign that fosters an attractive, dynamic and vibrant urban environment that will enhance community character. WHEREAS, the City of Clearwater finds and determines that the Community Development Code is the manner by which the City has chosen to regulate signage; WHEREAS, the City of Clearwater finds and determines that the Community Development Code and its signage regulations were and are intended to maintain and improve the quality of life for all citizens of the City; -9- WHEREAS, the City of Clearwater finds and determines that in meeting the purposes and goals established in these preambles, it is appropriate to prohibit and/or to continue to prohibit certain sign types, as set forth in Division 18; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code, is hereby amended to read as follows, with deletions noted by strike-through and additions noted by underlining: * * * Decorations, holiday and seasonal mean decorations that pertain to legally or otherwise recognized holidays or to a season of the year. Decoration means any decoration visible from a public area that does not include lettering or text and is not displayed for commercial advertising. * * * Sign means any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product designed to convey information to the public and is visible from an abutting property, from a public street, sidewalk or right-of-way, or from a body of water. For the purpose of this development code, the term “sign” shall include all structural members. A sign shall be construed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered a single sign. Except for banner, flags, temporary and portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building wall or other base material. All signs shall be constructed of materials designed to be permanent, withstand weather conditions, and shall have permanent supports appropriate for its size. The term sign shall not include: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets. Sign, adopt a park or acknowledgment means a government sign that recognizes a sponsoring agency which has been given the opportunity to install and maintain landscaping in city rights-of-way or on a city-owned property at the site where the landscaping is located. * * * Sign, billboard means a non-point-of-sale sign that exceeds twenty-four square feet and which advertises a business, organization, event, person, place or thing or other commercial message. Sign, construction means a temporary on-premise sign that functions to identify -10- the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and that may function to identify the contractor and/or any subcontractor engaged to perform construction activity on the site. * * * Sign, election means a temporary sign erected or displayed for the purpose of expressing support or opposition to a candidate or stating a position regarding an issue upon which the voters of the City may vote. * * * Sign, feather or flutter sign means a sign extending in a sleeve-like fashion down a telescoping or fixed pole that is mounted in the ground or on a building or stand. A feather sign or flutter sign is usually shaped like a sail or feather, and attached to the pole support on one vertical side. * * * Sign, free expression means a sign, not in excess of three square feet in total sign face area and whose top is not more than six feet off the ground, that functions to communicate information or views on matters of public policy or public concern, or containing any other noncommercial message that is otherwise lawful. Sign, garage-yard sale means any temporary sign pertaining to the sale of personal property at or upon any residentially-zoned property located in the City of Clearwater, provided that the on-site sale at a residentially-zoned parcel is lawful under the land use regulations and other applicable laws of the City of Clearwater. Sign, fuel price display means any on-site sign which functions exclusively to displays the prices of gasoline for sale. * * * Sign, government means any temporary or permanent sign erected by or on order of a public official or quasi-public entity at the federal, state or local government level in the performance of any duty including, but not limited to, designated wayfinding signs. noncommercial signs identifying a government building or service, traffic control signs, street name signs, warning signs, safety signs, informational signs, traffic or other directional signs, public notices of events, public notices of government actions, proposed changes of land use, any proposed rezoning, or any other governmental speech. * * * Sign, identification means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises on which the sign is located. -11- * * * Sign, machinery or equipment means a sign which is integral and incidental to machinery or equipment, and that is incorporated into machinery or equipment by a manufacturer or distributor to identify or advertise the product or service dispensed by the machine or equipment, such as a sign customarily affixed or incorporated into a vending machine, a telephone booth, ATM, a gasoline pump, a newspaper rack, an express mail drop-off box, or the like. * * * Sign, public purpose shall mean a sign providing notice to (a) an event, gathering, assembly or other meeting that is open to the public at large. * * * Sign, safety means a sign that functions to serves a compelling governmental purpose by providing provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.). Sign, sidewalk (sometimes referred to as a Wind style sign or an A-Frame Sign a sandwich board sign) means any freestanding single or double faced sign which is designed to be placed upon, but not affixed to, the ground, or sidewalks or pavement, and that is portable and readily moved from place to place. -12- * * * Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet and that exhibits movement when filled with air to attract attention. * * * Sign, traffic control device means any government sign located within the right- of-way that serve a compelling governmental purpose by functioning functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. Traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and official guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). * * * Sign, wind-activated means a sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include pennants, ribbons, spinners, streamers, or captive balloons, however the term wind activated sign shall not include flags. * * * Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development Code, is hereby revised by amending section 3-1801 (General principles); amending section 3- -13- 1803 (Exempt signs), amending section 3-1804 (Prohibited signs), deleting section 3-1805 (General standards) and substituting in its place a new section 3-1805 (General provisions for signs); deleting section 3-1806 (Signs permitted without a permit) and substituting in its place a new section 3-1806 (Temporary signs); and amending section 3-1807 (Permitted signs requiring development review), City of Clearwater Community Development Code, to read as set forth in the revisions to Division 18 attached hereto as “Exhibit A,” which is hereby adopted as part of the City of Clearwater Community Development Code. Section 3. All references to Article 3, Division 18, of the City of Clearwater Community Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this Ordinance. Section 4. Article 3, Section 3-2102.D, City of Clearwater Community Development Code, is hereby amended to delete the current Subsection 3-2102.D and re-letter the following subsections, with deletions noted by strike-through and additions noted by underlining: * * * D. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray-painted. Details of any proposed signage must be submitted with an application for a temporary use permit. E. D. Where a tent or similar structure is to be used in conjunction with a temporary use, the following shall be met. 1. Comply with all requirements of the fire marshal; 2. Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor; and 3. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. FE. Where a tent or similar structure is to be used in conjunction with a temporary use, the tent shall be allowed to be set-up on the day before the temporary use is scheduled to begin, and shall be allowed to be taken down the day after the temporary use is scheduled to end. However, additional time may be allowed for circuses or carnivals as determined by the community development coordinator. Section 5. This ordinance shall take effect immediately upon adoption. -14- PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk -15- EXHIBIT A -16- DIVISION 18. - SIGNS Section 3-1801. - General principles. Section 3-1802. – Purpose. Section 3-1803. - Exempt signs. Section 3-1804. - Prohibited signs. Section 3-1805. - General standards. Section 3-1806. - Signs permitted without a permit. Section 3-1805. - General provisions for signs. Section 3-1806. - Temporary signs. Section 3-1807. - Permitted signs requiring development review. Section 3-1808. - Comprehensive sign program. Section 3-1809. - Severability. -17- Section 3-1801. - General principles. The regulation of signs as provided herein is based upon their function, and is not based upon the content of the message contained on any such sign. The Florida Constitution provides that it is the policy of the state to conserve and protect its scenic beauty, and the regulation of signage for purposes of aesthetics directly serves that policy. Since 1985, the Florida Statutes have required that municipalities enact land development regulations that regulate signage. The city is a resort community on the west coast of the state with more than five miles of beaches on the Gulf of Mexico. This city has an economic base which relies heavily on tourism. In order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive urban environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing the urban environment and promoting the continued well-being of the city. The enhancement of the visual environment is critical to a community's image and its continued presence as a tourist destination, and the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment. -18- Section 3-1803. - Exempt signs. The following signs are exempt from regulation under this Division 18: A. A sign, other than a window sign, located entirely inside the premises of a building or enclosed space. B. A sign on a car, other than a prohibited vehicle sign or signs. C. A statutory sign. D. A traffic control device sign. E. Any sign not visible from a public street, sidewalk or right-of-way or from a navigable waterway or body of water; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use. F. A government sign. -19- Section 3-1804. - Prohibited signs. The following types of signs are prohibited: A. Feather/flutter signs; Wind-activated signs; Air-dancer signs; Sky-dancer signs. Balloons, cold air inflatables, streamers, and pennants, except as allowed on public property in Section 3-1806.R. B. Bench signs. Bench signs, other than the identification of the transit company or its route schedule. C. Billboards. D. Discontinued signs. Discontinued signs and/or sign structures which are determined to be nonconforming with the provisions of this Division 18 shall be required to be removed by the property owner after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. A discontinued sign and/or sign structure which is determined to be nonconforming with the provisions of this Division 18 shall not be required to be removed if it is brought into conformity with the provisions of this Division 18 within three (3) months after receipt of notification, or refusal to accept delivery of notification by certified mail that removal is required upon failure to bring the structure into conformity. E. Electronic changeable message signs unless otherwise allowed herein or those that are existing, legally nonconforming message signs. Legally nonconforming message signs shall only be either those that have general messages that change no more frequently than once every one hour and meet the requirements of this Division 18, or they are signs that only display a change in time and/or temperature no more frequently than once every minute, as necessary to correctly reflect accurate information and not be misleading. (e.g., fuel gasoline price signs), with the following exceptions: 1.Menu signs that change no more frequently than once every three hours and that are not otherwise prohibited. 2.Existing and legally nonconforming message signs: a.General messages which change no more frequently than once every six hours, including onsite signs at gasoline price signs that meet the requirements of this Division 18; or b.Signs which only display time and/or temperature which change no more frequently than once every 15 seconds. F. Reserved. Menu signs on which the message changes more rapidly than once every three hours. G. Pavement markings, except street addresses. H. Portable signs. I.Roof and above roof signs. J.Sidewalk signs, except as provided herein. -20- K. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. L. Signs in or upon any river, bay, lake, or other body of water. M. Permanent Signs located on publicly-owned land or easements or inside street rights-of- way., except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c) sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-1807.B.4., (d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. This prohibition does not apply to government signs or transit shelter signage authorized by law. N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. O. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in any way whatsoever, including animated signs, multi-prism signs, tri- vision signs, floodlights and beacon lights (except when beacon lights are required by the Federal Aviation Agency or other governmental agency for a public purpose involving public safety), unless otherwise expressly allowed by another provision within this Division 18. Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign or official traffic signal. R. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. S. Signs attached to or placed on any tree or other vegetation. T. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events. U. Snipe signs. V. Three-dimensional objects that are used as signs. W. Vehicle signs, and portable trailer signs. X. Any permanent sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Community Development Code. -21- Section 3-1805. - General standards. A.Setback.No sign shall be located within five feet of a property line of a parcel proposed for development. B.Neon signs and lighting.Neon signs and lighting shall be permitted as freestanding and attached signage as provided in this Division 18. When neon lighting is utilized to emphasize the architectural features of a building, such as when used to outline doorways, windows, façades, or architectural detailing, or when used to accentuate site landscaping, it shall not be regarded as signage provided such lighting does not change in intensity, brightness or color or direction. In addition, neon lighting used as freestanding designs or murals or as attached murals or designs unrelated to the architectural features of the building to which the lighting is attached shall be permitted, but shall be counted toward the allowable area of the property's or occupancy's freestanding or attached signage, as applicable. C.Illuminated signs. 1.The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. 2.No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. 3.No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. 4.Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 5.The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. D.Banners and flags.A banner or flag may be used as a permitted freestanding or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. E.Gasoline price signs.Gasoline price display signs shall be allowed in all non-residential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. A gasoline price display sign may be changed manually or electronically. F.Awnings.Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed 25 percent of the awning surface area on which the graphic is placed or 16 square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to 25 percent of the valance surface. If text and a graphic element are proposed on an awning, such text and -22- graphic element shall be governed by the attached signs provisions set forth in Section 3- 1807.B.3. This provision does not apply to back-lit awnings. G.Building and electrical code compliance.All signs shall comply with applicable building and electrical code requirements. H.No limitation based on message content.Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. I.Substitution of noncommercial speech for commercial speech.Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. -23- Section 3-1805. – General provisions for signs. A.Building Code and Electrical Code Compliance.All signs shall comply with applicable building and electrical code requirements. B.Viewpoint Neutrality. Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure. C.Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. D.Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one-half (1/2) acre or less in size and is in residential use with more than one principal structure or nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in residential use with more than one principal structure or in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size. 2. Flag Brackets, Flag Stanchions, and Flags. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags. A flag displayed from a flag bracket or a flag stanchion shall not exceed twenty-four (24) square feet in size. 3. For the purpose of determining the size of a flag, only one side of the flag shall be counted as the display surface. 4. Flags may be externally illuminated. 5. Flagpoles shall not exceed thirty-five (35) feet in height. E.Setback. -24- No sign shall be located within five (5) feet of a property line. Flexibility may be approved by the Community Development Coordinator if the setback cannot be met due to site constraints such as shape irregularities and/or the presence of natural features, existing utilities or easements, making complying with the setback requirement impractical or infeasible and provided sight visibility will not be negatively impacted at intersections or driveways. F.Neon and LED Lighting; Neon and LED Signs. 1. Neon and LED lighting shall not be regarded as signage when it is only used to emphasize the architectural features of a building, such as outlining doorways, windows, façades, or architectural detailing, or accentuating site landscaping, provided that the neon lighting does not change in intensity, brightness or color or direction. 2. Neon and LED signs may be permitted as freestanding and attached signage as provided in this Division 18. G.Illuminated Signs; Brightness. 1. Light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. Light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting to the extent possible; however, the foregoing shall not be construed so as to prohibit an awning with signage from being externally illuminated. 2. No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 3. All self-luminous signs are subject to brightness levels consisting of surface luminosity limits, both during the daytime and nighttime hours. During the daytime (after sunrise and before sunset), the maximum limit of luminosity shall be one thousand (1,000) nits, or 1000 cd/m2. During the nighttime hours (after sunset and before sunrise), there shall be a maximum limit of luminosity of one hundred fifty (150) nits, or 150 cd/m2. H.Awnings. Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed twenty-five percent (25%) of the awning surface area on which the graphic is placed or sixteen (16) square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to twenty-five percent (25%) of the valance surface. If text and a graphic element are proposed on an awning, such text and graphic element shall be governed by the provisions for attached signs set forth in Section 3-1807.B.3. This provision does not apply to back-lit awnings. I.Reserved. J.Menu Signs at Drive-Through Lanes. -25- Attached menu signs of no more than six (6) square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than twenty-four (24) square feet in total sign face area and six (6) feet in height oriented toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. Notwithstanding the foregoing, these signs may be subject to the Comprehensive Sign Program. K.Street Address Signs. 1. One street address sign of no more than two (2) square feet of total sign face area for each parcel of land used for residential purposes. This is a required sign for each parcel of land used for residential purposes. 2. One street address sign of no more than one (1) square foot for each number contained in the property address for each parcel of land used for non-residential purposes. This is a required sign for each parcel of land used for non-residential purposes. 3. The square footage for the street address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. L.Onsite Traffic Control Signs. Onsite traffic control signs of no more than four (4) square feet of sign face area provided that non-traffic control symbols do not exceed twenty-five percent (25%) of the sign face area. M.Parking Space Signs. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half (1/2) square foot of sign face area per sign. N.Marina Signs. 1. Signs at a marina for slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one (1) square feet of sign face area per sign. Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six (6) square feet in total sign face area, and one additional sign of not more than eight (8) square feet in total sign face area placed in the vicinity of the slip. No sign permit is required. 2. Unless otherwise approved by the community development coordinator, two signs, not to exceed six (6) square feet in total sign face area and not to exceed six (6) feet in height may be displayed at any marina in coordination with the city for way finding and shall be considered a government sign. The community development coordinator may approve additional signs as necessary for pedestrian and vehicular traffic based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. O.Window Signs. Window signs may be located on any window area provided such sign or combination of signs does not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In -26- no case shall the cumulative area of all window signs on any façade exceed 50 square feet. No sign permit is required. P.Safety and Warning Signs. Safety or warning signs which do not exceed six (6) square feet of total sign face area per sign are allowed on any parcel. No sign permit is required. Q.Maintenance of Sign Location and Sign. 1. Weeds and grass shall be kept cut in front of, behind, underneath, and from around the base of the sign for a minimum distance of ten (10) feet from the sign base, and there shall be no rubbish or debris within ten (10) feet of the sign base or underneath the sign. 2. A sign shall be maintained in a state of good repair. -27- Section 3-1806. - Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this Community Development Code: A. One address sign of no more than two square feet of total sign face area for each parcel of land used for residential purposes and no more than one square foot for each number contained in the property address for each parcel of land used for non-residential purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. B.Free expression signs.For each parcel, one free expression sign may be displayed. A free expression sign may be displayed as an attached sign or as a freestanding sign. A free expression sign shall not exceed six square feet of total sign face area. If a free expression is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. The free expression sign is in addition to any sign displaying a noncommercial message in lieu of a commercial or other noncommercial message pursuant to Section 3-1805.I. C.Temporary election signs.For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed six square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed four feet in height. On parcels that are in nonresidential use, the election sign shall not exceed 16 square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains. D.Temporary grand opening and special event signs. 1.One temporary grand opening sign shall be permitted for 30 days after the issuance of an occupational license for any new business, new owner of an existing business, or business name change. Such sign shall not exceed 24 square feet in total sign face area or such sign may be a temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing permitted attached or freestanding sign. 2.Other temporary special event and/or public purpose signs of a temporary nature shall be approved by the community development coordinator if the signs meet the following criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of a temporary nature, (c) the signs do not exceed the maximum height and size requirements for freestanding signs under this Community Development Code, (d) the display of temporary signs for a special event shall not begin any earlier than two calendar days before the event and shall be removed within one business day after the event, and (e) the signs, if temporary for a limited time and frequency, will meet the following purposes of Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not conflict with -28- the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The community development coordinator shall render a decision within ten days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. E. A single sign no more than four square feet in sign area and indicating a valet parking station and that is visible only during hours that the valet is operating. F.Temporary construction signs.One temporary construction sign located on a parcel proposed for development during the period a building permit is in force or one year, whichever is less, which sign shall not exceed: 1.Six square feet of total sign face area for parcels of land used or proposed to be used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area for parcels of land used or proposed to be used for multi-family purposes other than townhouse units or for non-residential purposes. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed six feet in height. G.For flags displayed on a flag pole not exceeding 35 feet in height or an attached bracket:One flag per detached dwelling unit, three additional flags per parcel of land used for multifamily residential purposes, and three flags per parcel of land used for non-residential purposes. If so used, the area of the flag shall not be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. H.Temporary garage-yard sale signs.One temporary garage-yard sale sign of no more than six square feet of total sign face area located on the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than six square feet of total sign face area per sign face related to a garage or yard sale which are located on privately owned parcels of land other than the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height. I.Attached menu signs of no more than six square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 24 square feet in total sign face area and six feet in height oriented toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. -29- J.Onsite directional and traffic control signs of no more than four square feet of sign face area provided that business logos or other non-traffic control symbols do not exceed 25 percent of the sign face area. K. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half square foot of sign face area per sign. L.Marina slip and directional signs. 1.Signs identifying marina slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one square feet of sign face area per sign. 2.Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six square feet in total sign face area identifying the business located at the slip and one additional sign of not more than eight square feet in total sign face area placed in the vicinity of the slip to identify the vessel rate/embarking schedules, or other information. 3.Unless otherwise approved by the community development coordinator, two directional signs, not to exceed six square feet in total sign face area and not to exceed six feet in height may be displayed at any marina for purposes of way finding. The community development coordinator may approve additional signs based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. M.Temporary real estate signs.One temporary real estate sign per parcel of land indicating that a parcel of land or a building located on the parcel of land or part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign does not exceed: 1.Six square feet of total sign face area on parcels of land designated or used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area on parcels of land designated or used for multi-family purposes other than townhouse units or for non-residential purposes. In the event that more than one dwelling unit or non-residential space on a single parcel of land is for sale, for lease or otherwise available, one attached sign per dwelling or space of no more than two square feet in total sign face area in addition to the permitted freestanding signage. In addition, one freestanding waterfront sign of no more than six square feet of total sign face area, not more than three square feet of sign area per sign face, for each waterfront parcel of land. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. -30- N. Signs located within a stadium which are not oriented toward and readable from outside of a stadium. O. Window signs may be located on any window area provided such sign or combination of signs do not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed 50 square feet. P. Safety or warning signs which do not exceed six square feet of total sign face area per sign. Q. A change in a sign message or panel on a previously approved, lawful sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this ordinance. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. R. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs if located on public property and if the city manager finds that the sign type meets the following criteria: (1) the sign type is for a special event, (2) the special event is for a limited time, (3) the special event is for a limited frequency, and (4) the sign type, if allowed for a limited time and frequency, will meet the following purposes of this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3- 1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The city manager shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. S. A sign on publicly owned land or easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: (1) the sign provides notice to the public of a public meeting or other public event, (2) the sign is temporary and for a limited time, and (3) the sign, if allowed for a limited time, will meet the following purposes of this Division 18, to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The city manager shall render a decision within ten days after an application is made for utilizing such a temporary sign on public -31- property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. T.Directional/informational signs serving a public purpose.A permanent sign on public easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: 1.The sign provides directions and/or information regarding public facilities and/or places of interest; and 2.The sign will meet the purposes of Division 18 to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with adjoining sites, (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.], (e) the sign is consistent with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan and (f) the sign is consistent with the general standards in Section 3-1805. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501.A of this Community Development Code. U.Signs during public construction projects.The following signage shall be allowed in conjunction with public construction projects that are scheduled to last 180 days or longer. 1.Temporary sidewalk signs are permitted for properties abutting qualifying public construction projects in accordance with the following criteria: a.There shall be a maximum of two sidewalk signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. b.Sidewalk signs permitted under this section shall be allowed to be displayed for the duration of the public construction project starting with project commencement and shall be removed within seven days after the final acceptance, by the city, of improvements. c.The size of any sidewalk sign shall not exceed eight square feet in total sign face area, and shall not exceed four feet in height. d.Sidewalk signs permitted under this section shall be constructed in a professional and workmanlike manner from treated wood or other durable material, and copy displayed shall not be spray painted onto the signs. e.No sidewalk sign, permitted as part of this section shall be permanently erected, and shall only be displayed during hours of operation for the business being advertised. f.No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. -32- 2.Temporary wayfinding signs may be permitted on publicly owned land or easements or inside public rights-of-way if the city manager finds that there is a qualifying public construction project that results in a permanent and significant change to the existing traffic circulation patterns within the construction project limits. Such signage shall comply with the following criteria: a.Temporary wayfinding signs shall not be erected prior to the commencement of the public construction project and shall be removed after the conclusion of the project when the city engineer determines that the traveling public has had sufficient time to adjust to the new circulation patterns. b.Temporary wayfinding signs shall not exceed eight square feet in area and twelve feet in height. c.The number and location of temporary wayfinding signs shall be determined by the city engineer and shall serve to notify and help motorists navigate a new traffic circulation pattern. In determining the appropriate number of signs, the city engineer shall consider the nature of the changed pattern, the uses and the number of properties directly impacted by such changed patterns. d.The owner(s) of a parcel of land, shopping center including all outparcels, or office building directly affected by the changed traffic circulation pattern may request to be included on such wayfinding signs. e.Temporary wayfinding signs shall not conceal or obstruct adjacent land uses or signs, shall not interfere with or obstruct the vision of motorists, bicyclists or pedestrians. f.The city shall design, fabricate, install and remove all temporary wayfinding signs and the owners(s) of property referenced on the signs shall reimburse the city for those costs. Such signs shall be installed and maintained in a safe manner. g.The City of Clearwater retains all rights of removal for temporary wayfinding signs. V. One ten square foot freestanding sign not more than five feet in height or one ten square foot attached sign per city park or city recreation facility for the purposes of identifying a program provider or information concerning programs at such park or recreation facility. The design of any such signs shall be approved by the parks and recreation department. W.Adopt-a-park and acknowledgement signs. 1.Adopt-a-park signs may be erected in city rights-of-way or on city-owned property. An adopt-a-park sign shall not exceed three square feet in total sign face area. If freestanding, and adopt-a-park sign shall not exceed 18 inches in height and shall be located, in a landscaped setting. Adopt-a-park signs shall be selected from the approved city street signs catalogue maintained by the manager of traffic operations, provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. The community development coordinator may approve additional adopt-a-park signs based on the -33- following criteria: overall size of site, number of entrances, frontage, access and visibility of the site, intended and existing traffic circulation. 2.Acknowledgment signs may be erected in city rights-of-way or on city-owned property as follows. Such signs may also be affixed or incorporated into a public amenity such as an ash tray or public bench that is located on public property and that is approved by the community development coordinator provided that it is no greater than one square foot in area, is rust-free, and is unobtrusive. -34- Section 3-1806. – Temporary signs. A.Within its zoning districts and subject to any applicable provisions with Section 3-1806, general provisions for signs, the city shall allow temporary signs that meet the criteria and limitations set forth in Table 3-1806.1a and Table 3-1806.1b, shown below. B.A temporary sign displayed on a window surface must be displayed on the inside of the window surface, shall cover no more than twenty-five (25%) of the aggregate window surface area, and shall not be illuminated. This temporary sign allowance shall be reduced by any window surface area already covered by signage allowed in Section 3-1805.O. -35- TABLE 3-1806.1a. CRITERIA AND LIMITATIONS FOR SIDEWALK SIGNS Location In front of primary retail and restaurants within the linear footage of the storefront. Also in the immediate vicinity of parking garages/lots and valet stands. 1 Maximum Number of Signs 1 per business Maximum Width 2 feet Maximum Height 3-1/2 feet Maximum Distance from Building Wall (as measured at the nearest point of sidewalk sign) 2 feet, except 5 feet in the Cleveland Street Café District in the Downtown zoning District and 2 feet from the entryway of a parking garage/lot and valet stands. Maximum Width of Public Sidewalk that the Sign May Obstruct 4 foot clear path on the sidewalk shall be maintained Duration Allowed Only during hours while business or valet service is operating Allowed on Public Property and Right-of-Way Yes Allowed in a Sight Visibility Triangle No Design Criteria Restricted2 Permit Required Yes3 1 Properties adjacent to a public construction project scheduled to last 180 days may also erect sidewalk signs in compliance with the following: a.No more than two sidewalk signs per parcels. b.Parcels with multiple businesses shall coordinate copy on the signs. c.Sign size is limited to 4 feet in height and 8 square feet in area. d.Signs must be constructed in a professional and workmanlike manner from treated wood or other durable material. Sign copy shall not be spray painted onto the signs. e.No sidewalk sign shall block any public right-of-way, shall maintain a 4 foot clear path and shall not be located within the visibility triangle of intersections or driveways. f.Sidewalk signs shall be removed within 7 days after City’s final acceptance of the improvements or completion of the public project. 2 Design Criteria a.All sidewalk sign frames shall: i.be made of durable wood, plastic, or metal only and shall present a finished appearance, and the color of such frames shall be limited to metallic silver/grey, black, white or stained wood. ii.support only black or green colored chalk boards, black, wet marker boards or professional design advertisement/posters made of durable material with clear, non-glare protective covering. b.Sidewalk signs shall not be illuminated or incorporate fluorescent colors. c.Sidewalk signs shall not be attached to any structure, pole, object, building, or other sign or contain moving parts or have balloons, streamers, pennants or similar adornment attached. d.Only wind signs may be allowed to have wheels. e.Flexibility with regard to sign style and size may be considered, provided the sign is designed as part of the architectural theme of the property and/or use using similar and coordinated design features, materials, and colors. 3Permit Information a.A permit shall be obtained on a yearly basis. b.A sketch, photo or drawing of the proposed sidewalk sign, along with the required fee, shall be submitted and approved prior to the placement of the sidewalk sign. c.If proposed to be placed in a public right-of-way, evidence of general liability insurance in the amount of $1,000,000 in a form acceptable to the city, with the city named as additional insured shall also be provided. -36- TABLE 3-1806.1b. CRITERIA AND LIMITATIONS FOR ALL OTHER TEMPORARY SIGNS IN ALL ZONING DISTRICTS CRITERIA Residential Zoning Districts Non-Residential Zoning Districts Maximum Number of Temporary Signs Per Parcel 1 8 4 Maximum Sign Size (Area) for a Temporary Sign 2 4 sf.16 sf. Maximum Sign Height for a Temporary Freestanding Sign3 6 ft.6 ft. Maximum Sign Height for a Temporary Attached Sign (inclusive of a Window Sign) 15 ft.15 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from any property line4 5 ft.5 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from the edge of any paved street or road 5 ft.5 ft. Minimum Radial Spacing that is required to be maintained by a Temporary Freestanding Sign from any other Temporary Freestanding Sign5 15 ft.15 ft. Maximum Aggregate Surface Area Allocated for All Temporary Signs on a Parcel6 64 sf.128 sf. Whether Temporary Sign is Allowed on Public Property or Public Right- of-Way No No Whether Temporary Sign is Allowed within a Sight Visibility Triangle No No Whether Direct Illumination of Surface of a Temporary Sign is Allowed No No Whether Fluorescent Color on a Temporary Sign is Allowed No No Duration Allowed After Event Ends 3 calendar days 3 calendar days 1 The number of temporary commercial signs per parcel shall be no more than two (2) signs; however, no more than one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner sign is limited to a maximum duration of display of no more than thirty (30) days per calendar year per parcel. 2 The square footage limitation is per side for a back-to-back sign. For example, a four (4) square foot limitation means that there is a limit of four (4) square feet of surface area per side of a back-to-back sign, and an aggregate limit of eight (8) square feet is allowed if the sign is a back-to-back temporary sign. 3 Not applicable to signs displayed on flagpoles. 4 Minimum sign setbacks do not apply to attached signs. Except as set forth in Section 3-1806 for Sidewalk Signs as allowed herein and for Valet Stands as allowed herein, All Temporary Signs are prohibited on public property and from public rights-of-way. 5 Not applicable to signs displayed on flagpoles. 6 There is no limit to the number of separate messages that may appear on the allowable surface(s) of any Temporary Sign. The maximum aggregate surface area allowed is subject to circumstances that may reduce the maximum aggregate surface area allowable on some parcels. -37- Section 3-1807. - Permitted signs requiring development review. A.Residential.The following signs shall be permitted in all residential zoning districts: * * * b.Such sign(s) shall be erected on privately-owned property. In the event there is insufficient land owned by a single-family subdivision association or multi-family development developed prior to March 8, 1999, however, the community development coordinator, parks and recreation department, and public works administration may approve the location of such sign in a city right-of-way or on city-owned property provided that such signs are in compliance with Section 3- 1807.A.1.a. above and will not obstruct the vision of motorists, bicyclists or pedestrians, be installed and maintained in safe and neat manner, will not conflict with the principal permitted use of the site or adjoining sites; and that a city right- of-way permit be obtained prior to the installation. * * * B.Non-residential.All signs must be architecturally integrated into the design of the building and/or site using similar and coordinated design and style features, materials and colors. Attached signs shall be horizontally and vertically proportionately located on each façade with no protrusions above roof lines, over windows, trim, cornices, or other building features. Signs for new shopping centers with three or more tenants, including all out parcels, office parks or any master plan development shall be reviewed and approved through the Comprehensive Sign Program set forth in Section 3-1808. * * * 4.Sidewalk signs.Primary permitted retail and restaurant uses may erect one double sided sidewalk sign 42 inches in height and 24 inches in width in accordance with the following provisions, but only in connection with the primary permitted use. Retail, restaurant or other uses which are accessory to another use are not allowed to display sidewalk signs. a.Display of sign.Sidewalk signs shall be displayed only during the hours the business is open and shall be moved indoors at the close of business. b.Location. i.Sidewalk signs shall be placed on the sidewalk in front of the business erecting the sign within its linear frontage. ii. The nearest point of the sidewalk sign shall be no more than two feet from the building wall. However, in the Cleveland Street Café District in the Downtown zoning district, the nearest point shall be five feet from the building wall. iii. A minimum pedestrian path of at least four feet shall be maintained at all times. iv. Sidewalk signs shall not impede ingress or egress to or from a business entrance, be located within a drive aisle, parking area or on any landscaped area, nor block any fire hydrant access or visibility or be located within the visibility triangle of intersections or driveways. -38- c.Design criteria. i.Sidewalk sign frames shall be constructed of durable wood, plastic or metal and present a finished appearance. Sidewalk signs known as wind signs may have a plastic frame and base with or without wheels. Frames shall support black or green chalkboards, black wet markers boards or professionally designed advertisements/posters of a durable material with a clear, non-glare protective covering. Frame and base colors shall be limited to a metallic silver/grey, black, white or be a stained wood. Flexibility with regard to this design criteria may be granted by the community development coordinator in order to achieve a creatively designed sign using a particular symbol or logo indicative of the type of business and services being advertised. ii. Plastic signs, white marker boards, letter track panels (for manually changeable copy), acrylic/plastic panels, hand painted and spray painted copy, tri-folded signs, signs supported by two or more legs that extend three inches or more beyond the face of the sign, bases with hinged feet that fold flat and other similar features and sign designs shall be prohibited. Swinger style sidewalk signs shall also be prohibited unless of a unique design as determined by the community development coordinator. iii. Sidewalk signs shall not be illuminated nor contain moving parts or have balloons, streamers, pennants or similar adornment attached to them. iv. Sidewalk signs shall not be attached to any structure, pole, object, or sign. d.Permit required yearly.A permit for a sidewalk sign shall be obtained on a yearly basis. A permit application with a sketch, photo or drawing of the sidewalk sign and the required fee shall be submitted and approved prior to the placement of a sidewalk sign on public or private property. Sidewalk signs to be placed in a public right-of-way shall also submit evidence of general liability insurance in the amount of $1,000,000.00 in a form acceptable to the city, with the city named as additional insured. A permit shall only authorize the sign submitted along with the permit application. Any changes to the approved sign will require the business owner to obtain a new permit. e.Removal by the city.The city shall have the authority to secure, remove or relocate any sidewalk sign located in the public right-of-way if necessary in the interest of public safety, in emergency situations, or if the sign is not in compliance with any provisions of this section. 45.Transit and shelter signs.Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this Community Development Code, subject to the following restrictions: a.The advertising contained in the transit shelter shall be limited to the "downstream" end wall (furthest from approaching transit vehicles) for a two-sided or flared and secured panel. b.Lighting of advertising materials shall be limited to back-lighting. -39- c.No advertising poster shall exceed 24 square feet in area, or be greater than six feet in height and four feet in width. d.The total number of transit shelters containing advertising shall not exceed 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 56.Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: (a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40%) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, venues/facilities that seat 2,000 or more people or on fuel price and menu signs may change no more frequently than once every ten minutes. ab. Electronic changeable message signs shall be permitted for a facility or venue that has seating for more than 2,000 or more people must also meet these additional criteria: (a) it is located on public property that exceeds 35 acres, and (b) it serves a significant public purpose directly related to the facility or venue, and (c) the sign type will meet the following purposes of this Division 18, to wit: (1) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval by the City shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. bc. Any sign may include an area for manually changeable copy provided the sign meets all of the area and design requirements set forth in Division 18, including but not limited to any and all criteria that limits sign area by percentage or any requirement that requires any color coordination or other such design criteria. 67.Nonconforming uses.Any nonconforming use, which would be entitled to a sign if it were conforming, shall be permitted to erect the maximum amount of allowable signage in the district in which the use is located. C.On-premise signs in public parks and on school grounds.In any public park or on On any school grounds in any zoning district, the following signs are permitted. 1.One freestanding entry sign for each major entry into a school or a park of not more than 20 50 square feet in total sign face area 2.The height of the sign shall not exceed six 14 feet. -40- 3.A freestanding sign shall be installed in a landscaped area consisting of shrubs and/or ground cover not less than three feet in width around the entire base of the sign and shall include the address of the property on which the sign is to be located. END MOTION TO AMEND ORDINANCE NO. 9029-17 ON FIRST READING On page 23, amend Section 3-1805.D – General provisions for signs to add the following language: D.Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one-half (1/2) acre or less in size and is in residential use with more than one principal structure or nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in residential use with more than one principal structure or in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size. On page 39, amend Section 3-1807.B.5 - Permitted signs requiring development review to add and delete the following language: 5.Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: (a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40%) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, venues/facilities that seat 2,000 or more people or on fuel price and menu signs may change no more frequently than once every one hour 10 minutes. ___________________________ Pamela K. Akin City Attorney June 14, 2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9033-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9033-17 on second reading, annexing certain real property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9033-17 ORDINANCE NO. 9033-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CHERRY LANE APPROXIMATELY 275 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3059 CHERRY LANE, CLEARWATER, FLORIDA 33759, 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 property 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Description; (ANX2017-04007) 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. 9033-17 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 3059 Cherry Lane 16‐29‐16‐00000‐220‐2400 The East One Hundred (100) feet of the West Three Hundred (300) feet of the North One Hundred (100) feet of the South One Hundred Ten (110) feet of the South Half (S1/2) of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 4030243020200517519*3 2 1 2 2 3 4 5 6789 2 3 4 5 1 2 3 4 5 6 7 8 9 1 1 6 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431033100308030593101307530653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 LOCATION MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR DREW ST GULF-TO-BAY BLVD BAY LN K ST DOWNING ST JOHNS PKWY S McMULLEN BOOTH RD MEADOW LARK LN BAYVIEW AVE N McMULLEN BOOTH RD BAY ST CHERRY LN CLEVELAND ST VIRGINIA AVE KENTUCKY AVE COLONIAL DR BAYVIEW AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR CHERRY LN CHERRY LN S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR JOHNS PKWY JOHNS PKWY DOWNING ST DOWNING ST -Not to Scale--Not a Survey-Rev. 4/5/2017 EXISTING SURROUNDING USES MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 4030243020200517519*3 2 1 2 2 3 4 5 6789 2 3 4 5 1 2 3 4 5 6 7 8 9 1 1 6 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431033100308030593101307530653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 School Parking Lot Parking Lot Athletic Field Single Family Residential View looking south at the subject property, 3059 Cherry Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04007 Francis & Hector Irizarry, Genoveva Echevarria 3059 Cherry Lane View looking easterly along Cherry Lane View looking westerly along Cherry Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9034-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9034-17 on second reading, amending the future land use element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9034-17 ORDINANCE NO. 9034-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CHERRY LANE APPROXIMATELY 275 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3059 CHERRY LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description; Residential Urban (RU) (ANX2017-04007) 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. 9033-17. Ordinance No. 9034-17 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 3059 Cherry Lane 16‐29‐16‐00000‐220‐2400 The East One Hundred (100) feet of the West Three Hundred (300) feet of the North One Hundred (100) feet of the South One Hundred Ten (110) feet of the South Half (S1/2) of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 40302430302 20200515517519*3 2 1 23 3 4 5 678 3 4 5 1 2 3 4 5 6 7 8 9 1 2 1 2 56 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431053103310031063080305931013075310730653059 I I I I I I I RUI R/OL I RU I RLM RU R/OL I RU CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 LOCATION MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR DREW ST GULF-TO-BAY BLVD BAY LN K ST DOWNING ST JOHNS PKWY S McMULLEN BOOTH RD MEADOW LARK LN BAYVIEW AVE N McMULLEN BOOTH RD BAY ST CHERRY LN CLEVELAND ST VIRGINIA AVE KENTUCKY AVE COLONIAL DR BAYVIEW AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR CHERRY LN CHERRY LN S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR JOHNS PKWY JOHNS PKWY DOWNING ST DOWNING ST -Not to Scale--Not a Survey-Rev. 4/5/2017 EXISTING SURROUNDING USES MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 4030243020200517519*3 2 1 2 2 3 4 5 6789 2 3 4 5 1 2 3 4 5 6 7 8 9 1 1 6 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431033100308030593101307530653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 School Parking Lot Parking Lot Athletic Field Single Family Residential View looking south at the subject property, 3059 Cherry Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04007 Francis & Hector Irizarry, Genoveva Echevarria 3059 Cherry Lane View looking easterly along Cherry Lane View looking westerly along Cherry Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9035-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9035-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9035-17 ORDINANCE NO. 9035-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CHERRY LANE APPROXIMATELY 275 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3059 CHERRY LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9033-17. Property Zoning District See attached Exhibit A for Legal Description; Low Medium Density Residential (LMDR) (ANX2017-04007) Ordinance No. 9035-17 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 3059 Cherry Lane 16‐29‐16‐00000‐220‐2400 The East One Hundred (100) feet of the West Three Hundred (300) feet of the North One Hundred (100) feet of the South One Hundred Ten (110) feet of the South Half (S1/2) of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 40302430302 20200515517519*3 2 1 23 3 4 5 678 3 4 5 1 2 3 4 5 6 7 8 9 1 2 1 2 56 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431053103310031063080305931013075310730653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD I I O LMDR MHP LMDR LMDR LMDR -Not to Scale--Not a Survey-Rev. 4/20/2017 LOCATION MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR DREW ST GULF-TO-BAY BLVD BAY LN K ST DOWNING ST JOHNS PKWY S McMULLEN BOOTH RD MEADOW LARK LN BAYVIEW AVE N McMULLEN BOOTH RD BAY ST CHERRY LN CLEVELAND ST VIRGINIA AVE KENTUCKY AVE COLONIAL DR BAYVIEW AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR CHERRY LN CHERRY LN S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR JOHNS PKWY JOHNS PKWY DOWNING ST DOWNING ST -Not to Scale--Not a Survey-Rev. 4/5/2017 EXISTING SURROUNDING USES MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 4030243020200517519*3 2 1 2 2 3 4 5 6789 2 3 4 5 1 2 3 4 5 6 7 8 9 1 1 6 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431033100308030593101307530653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 School Parking Lot Parking Lot Athletic Field Single Family Residential View looking south at the subject property, 3059 Cherry Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04007 Francis & Hector Irizarry, Genoveva Echevarria 3059 Cherry Lane View looking easterly along Cherry Lane View looking westerly along Cherry Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9036-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9036-17 on second reading, annexing certain unaddressed real property located on the south side of Otten Street approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9036-17 ORDINANCE NO. 9036-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OTTEN STREET APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, IN CLEARWATER, FLORIDA 33755, 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, TERRA ALTO ESTATES, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; (ANX2017-04008) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9036-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C) 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 1449144717991459 1480144314531437146814631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 1771 22 1468144314611451 14801448JOEL LN OTTEN ST N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR KINGS HWY N HIGHLAND AVE WEST DR OTTEN ST JOEL LN SANDY LN FAIRMONT ST LINWOOD DR GREENLEA DR WESTON DR SPRING LN THAMES LN ROSEMONT DR CAROLYN LN MARY L RD BARBARA LN TERRACE RD BENTLEY ST GROVE CIRCLE CT HEAVEN SENT LN SAND Y L N SANDY LN -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR JOEL LN JOEL LN OTT EN ST OTT EN ST SANDY LN SANDY LN N HIGHLAND AVE N HIGHLAND AVE CAROLYN LN CAROLYN LN WESTON DR WESTON DR BENTLEY ST BENTLEY ST CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/6/2017 EXISTING SURROUNDING USES MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C) 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 1449144717991459 1480144314531437146814631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 1771 22 1468144314611451 14801448JOEL LN OTTEN ST N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/18/2017 Church Single Family Residential Single Family Residential Single Family Residential Single Family Residential School View looking south at the subject property 0 Otten Street East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04008 Cheese Gromit LLC 0 Otten Street View looking easterly along Otten Street View looking westerly along Otten Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9037-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9037-17 on second reading, amending the future land use element of the Comprehensive Plan of the city, to designate the land use for certain unaddressed real property located on the south side of Otten Street approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9037-17 ORDINANCE NO. 9037-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OTTEN STREET APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, TERRA ALTO ESTATES, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2017-04008) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9036-17. Ordinance No. 9037-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A FUTURE LAND USE MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/0 6 32/1 2 2.75 A C(C) I RU RL RU RH CG RU RLR/OS T/U RU RURL1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 14491447179914591443145314371468 177114631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 148022 1468144314611451 14801448JOEL LN OTTEN ST SANDY LN N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/19/2017 LOCATION MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR KINGS HWY N HIGHLAND AVE WEST DR OTTEN ST JOEL LN SANDY LN FAIRMONT ST LINWOOD DR GREENLEA DR WESTON DR SPRING LN THAMES LN ROSEMONT DR CAROLYN LN MARY L RD BARBARA LN TERRACE RD BENTLEY ST GROVE CIRCLE CT HEAVEN SENT LN SAND Y L N SANDY LN -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR JOEL LN JOEL LN OTT EN ST OTT EN ST SANDY LN SANDY LN N HIGHLAND AVE N HIGHLAND AVE CAROLYN LN CAROLYN LN WESTON DR WESTON DR BENTLEY ST BENTLEY ST CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/6/2017 EXISTING SURROUNDING USES MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C) 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 1449144717991459 1480144314531437146814631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 1771 22 1468144314611451 14801448JOEL LN OTTEN ST N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/18/2017 Church Single Family Residential Single Family Residential Single Family Residential Single Family Residential School View looking south at the subject property 0 Otten Street East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04008 Cheese Gromit LLC 0 Otten Street View looking easterly along Otten Street View looking westerly along Otten Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9038-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9038-17 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the south side of Otten Street approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9038-17 ORDINANCE NO. 9038-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OTTEN STREET APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9036-17. Property Zoning District Lot 5, TERRA ALTO ESTATES, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2017-04008) Ordinance No. 9038-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ZONING MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C)I LMDR C I MHDR OS/R LMDR JOEL LN OTTEN ST SANDY LN N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 1441147515011437143614491447145914801443145314371468177114631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271765 1761 1799 22 1468144314611451 14801448-Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR KINGS HWY N HIGHLAND AVE WEST DR OTTEN ST JOEL LN SANDY LN FAIRMONT ST LINWOOD DR GREENLEA DR WESTON DR SPRING LN THAMES LN ROSEMONT DR CAROLYN LN MARY L RD BARBARA LN TERRACE RD BENTLEY ST GROVE CIRCLE CT HEAVEN SENT LN SAND Y L N SANDY LN -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR JOEL LN JOEL LN OTT EN ST OTT EN ST SANDY LN SANDY LN N HIGHLAND AVE N HIGHLAND AVE CAROLYN LN CAROLYN LN WESTON DR WESTON DR BENTLEY ST BENTLEY ST CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/6/2017 EXISTING SURROUNDING USES MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C) 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 1449144717991459 1480144314531437146814631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 1771 22 1468144314611451 14801448JOEL LN OTTEN ST N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/18/2017 Church Single Family Residential Single Family Residential Single Family Residential Single Family Residential School View looking south at the subject property 0 Otten Street East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04008 Cheese Gromit LLC 0 Otten Street View looking easterly along Otten Street View looking westerly along Otten Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9039-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9039-17 on second reading, annexing certain real property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9039-17 ORDINANCE NO. 9039-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED DIRECTLY AT THE SOUTHEAST CORNER OF HOYT AVENUE AND MOSS AVENUE APPROXIMATELY 650 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3035 HOYT AVENUE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 9, Block J, Kapok Terrace First Addition, according to the plat thereof recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. (ANX2017-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9039-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070305230243058307730403046307630523070304030643046307630533047306530703026303530523077304030313025303430303019303530183046-Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR GRAND VIEW AVE LAKE VISTA DR HOYT AVE MERRILL AVEW FLINT DR BRIGADOON CIR DREW ST N McMULLEN BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAYSHORE BLVD BAY LN MADERA AVE CHAMBLEE LN BORDEAUX LN RUTH ECKERD HALL DR WOLFE RD HOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N SAN MATEO ST TERRACE VIEW LN KINGSWOOD DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/18/2017 AERIAL PHOTOGRAPH Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR HOYT AVE HOYT AVE MERRILL AVE MERRILL AVE MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/18/2017 EXISTING SURROUNDING USES MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070305230243058307730403046307630523070304030643046307630533047306530703026303530523077304030313025303430303019303530183046-Not to Scale--Not a Survey-Rev. 4/18/2017 Trail / Softball Fields Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 3035 Hoyt Avenue East of the subject property Across the street, to the west of the subject property Across the street, to the north of the subject property ANX2017-04009 Candice Steckler 3035 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9040-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9040-17 on second reading, amending the future land use element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9040-17 ORDINANCE NO. 9040-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED DIRECTLY AT THE SOUTHEAST CORNER OF HOYT AVENUE AND MOSS AVENUE APPROXIMATELY 650 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3035 HOYT AVENUE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 9, Block J, Kapok Terrace First Addition, according to the plat thereof recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2017-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9039-17. Ordinance No. 9040-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A FUTURE LAND USE MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 RL RL R/OS RL RL RL RL RL RL HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070302430583077304030463076305230703040306430463076305330473065307030263035305230773040302530343030301930353052301830463031-Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR GRAND VIEW AVE LAKE VISTA DR HOYT AVE MERRILL AVEW FLINT DR BRIGADOON CIR DREW ST N McMULLEN BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAYSHORE BLVD BAY LN MADERA AVE CHAMBLEE LN BORDEAUX LN RUTH ECKERD HALL DR WOLFE RD HOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N SAN MATEO ST TERRACE VIEW LN KINGSWOOD DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/18/2017 AERIAL PHOTOGRAPH Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR HOYT AVE HOYT AVE MERRILL AVE MERRILL AVE MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/18/2017 EXISTING SURROUNDING USES MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070305230243058307730403046307630523070304030643046307630533047306530703026303530523077304030313025303430303019303530183046-Not to Scale--Not a Survey-Rev. 4/18/2017 Trail / Softball Fields Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 3035 Hoyt Avenue East of the subject property Across the street, to the west of the subject property Across the street, to the north of the subject property ANX2017-04009 Candice Steckler 3035 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9041-17 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9041-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9041-17 ORDINANCE NO. 9041 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED DIRECTLY AT THE SOUTHEAST CORNER OF HOYT AVENUE AND MOSS AVENUE APPROXIMATELY 650 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3035 HOYT AVENUE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9039-17. Property Zoning District Lot 9, Block J, Kapok Terrace First Addition, according to the plat thereof recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2017-04009) Ordinance No. 9041-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ZONING MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD OS/R LMDR LMDR LMDR LMDR 601 602 511510 600 306430583059305330593047306430763071305330473071304130653059305830233041307030523024305830773040304630763052307030403064304630763053304730653070302630353052307730403025303430303065302530193071307730353041301830463031-Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR GRAND VIEW AVE LAKE VISTA DR HOYT AVE MERRILL AVEW FLINT DR BRIGADOON CIR DREW ST N McMULLEN BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAYSHORE BLVD BAY LN MADERA AVE CHAMBLEE LN BORDEAUX LN RUTH ECKERD HALL DR WOLFE RD HOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N SAN MATEO ST TERRACE VIEW LN KINGSWOOD DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/18/2017 AERIAL PHOTOGRAPH Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR HOYT AVE HOYT AVE MERRILL AVE MERRILL AVE MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/18/2017 EXISTING SURROUNDING USES MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070305230243058307730403046307630523070304030643046307630533047306530703026303530523077304030313025303430303019303530183046-Not to Scale--Not a Survey-Rev. 4/18/2017 Trail / Softball Fields Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 3035 Hoyt Avenue East of the subject property Across the street, to the west of the subject property Across the street, to the north of the subject property ANX2017-04009 Candice Steckler 3035 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9050-17 2nd rdg Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.12 SUBJECT/RECOMMENDATION: Withdraw Ordinance 9050-17 on second reading, extending the temporary moratorium imposed by Ordinance 8995-17 on the operation of any additional Dispensing Organizations that dispense Low- THC Cannabis or Medical Cannabis or on the operation of Medical Marijuana Treatment Centers within the city for an additional period of ninety days. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9050-17 ORDINANCE NO. 9050-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM IMPOSED BY ORDINANCE NO. 8995-17 ON THE OPERATION OF ANY ADDITIONAL “DISPENSING ORGANIZATIONS” THAT DISPENSE “LOW-THC CANNABIS” OR “MEDICAL CANNABIS” OR ON THE OPERATION OF “MEDICAL MARIJUANA TREATMENT CENTERS” WITHIN THE CITY FOR AN ADDITIONAL PERIOD OF NINETY (90) DAYS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution, titled “Use of Marijuana for Debilitating Medical Conditions” (“Amendment 2”); and WHEREAS, Amendment 2, which had an effective date of January 3, 2017, has legalized under state law throughout the State of Florida the medical use of cannabis for a “Debilitating Medical Condition,” which is defined to mean “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient”; and WHEREAS, Amendment 2 has legalized under state law throughout the State of Florida the operation of a “Medical Marijuana Treatment Center” (“MMTC”), which is defined to mean “an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department [of Health]”; and WHEREAS, Amendment 2 required the Florida Department of Health to adopt specified regulations pertaining to MMTCs within 6 months from the effective date of the amendment, such as procedures for the registration of MMTCs that include procedures pertaining to the issuance, renewal, suspension and revocation of registration, and standards ensuring proper security, record keeping, testing, labeling, inspection, and safety, as well as regulations defining the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence; and WHEREAS, Amendment 2 also authorized the Florida legislature to enact laws consistent with the Department of Health’s constitutional duties; and Ordinance No. 9050-17 WHEREAS, the Florida legislature ended its 2017 regular session without enacting any laws regulating MMTCs, leaving it to the Florida Department of Health to adopt specified regulations pertaining to MMTCs; and WHEREAS, the Florida Department of Health as of May 9, 2017, has not yet adopted specified regulations and has until July 2, 2017, to do so; and WHEREAS, in order to promote effective land use planning, the City Council imposed a temporary moratorium in Ordinance No. 8775-17 until July 2, 2017, on the operation of MMTCs or the operation of any additional “Dispensing Organizations within the City of Clearwater to preserve the status quo while awaiting the promulgation of regulations by the Florida Department of Health and the possible adoption of laws by the Florida legislature pertaining to MMTCs so that the Department of Planning and Development for the City of Clearwater would have an opportunity to review such rules and laws and to research, study and analyze the potential impact of MMTCs and “Dispensing Organizations” upon adjacent uses and the surrounding area and the effect of MMTCs and “Dispensing Organizations” on the general welfare; and WHEREAS, without knowing what regulations the Florida Department of Health may adopt, the Department of Planning and Development for the City of Clearwater is unable to adequately formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana or for related activities; and WHEREAS, in order to adopt zoning regulations at this late date, the Department of Planning and Development for the City of Clearwater must obtain the recommendations of the Clearwater Community Development Board, which meets only once a month, before then bringing to the City Council for final approval at the City Council’s second public hearing any Ordinance imposing zoning regulations; and WHEREAS, because the adoption process will take additional time to complete, any regulations pertaining to MMTCs that the Department of Planning and Development for the City of Clearwater would currently formulate and provide to the City Council would not be adopted until well after July 2, 2017; and WHEREAS, the City Council finds that an extension of the temporary moratorium imposed by Ordinance No. 8775-17 for an additional ninety (90) days will enable the City of Clearwater a sufficient period of time to analyze the regulations adopted by the Florida Department of Health and then formulate and adopt land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana or for related activities; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The temporary moratorium imposed by Ordinance No. 8775-17 until July 2, 2017, on the operation of MMTCs or the operation of any additional “Dispensing Organizations” within the City of Clearwater is hereby extended an additional ninety (90) days. 3 Ordinance No. 9050-17 Section 2. During the period of this extended moratorium, the City shall not process or issue any comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications concerning such matters. Section 3. Nothing in this extended moratorium shall be construed to prohibit the medical use of cannabis or low-THC cannabis by a qualifying patient, as determined by a licensed Florida physician, or delivery of cannabis in compliance with Florida law. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED _____________________________ George N. Cretekos Mayor Approved as to form:Attest: ________________________ _______________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9052-17 2nd rdg Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 9052-17 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2017 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Solid Waste and Recycling Fund, Gas Fund, and Parking Fund. SUMMARY: [ APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Ordinance No. 9052-17 48 ORDINANCE NO. 9052-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, SOLID WASTE AND RECYCLING FUND, GAS FUND, AND PARKING FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2017, for operating purposes, including debt service, was adopted by Ordinance No. 8946-16; and WHEREAS, at the Mid Year Review it was found that an increase of $6,535,753 is necessary for revenues and an increase of $6,231,053 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. 8946-16 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2016 and ending September 30, 2017 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A EXHIBIT A 2016-17 BUDGET REVENUE 2016-17 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2016/17 2016/17 2016/17 Amendments General Fund: Ad Valorem Taxes 44,384,830 44,384,830 44,384,830 - Utility Taxes 14,717,600 14,717,600 14,717,600 - Local Option, Fuel & Other Taxes 7,100,400 7,100,400 7,100,400 - Franchise Fees 10,280,100 10,280,100 10,280,100 - Other Permits & Fees 2,372,250 2,372,250 2,372,250 - Intergovernmental Revenues 23,054,960 23,054,960 23,054,960 - Charges for Services 15,988,040 16,021,540 16,021,540 - Judgments, Fines & Forfeitures 950,400 950,400 950,400 - Miscellaneous Revenues 1,986,180 1,986,180 1,986,180 - Transfers In 9,161,770 9,166,309 9,166,309 - Other Financing Sources - - - - Transfer (to) from Reserves 1,652,000 2,087,281 7,028,663 4,941,382 Total, General Fund 131,648,530 132,121,850 137,063,232 4,941,382 Special Revenue Funds: Special Development Fund 18,249,120 18,258,379 18,258,379 - Special Program Fund 1,329,860 3,357,576 4,393,324 1,035,749 Local Housing Asst Trust Fund 983,540 983,540 983,540 - Utility & Other Enterprise Funds: Water & Sewer Fund 77,470,950 77,470,950 77,470,950 - Stormwater Utility Fund 18,100,120 18,100,120 18,100,120 - Solid Waste & Recycling Fund 24,718,850 24,718,850 25,111,050 392,200 Gas Fund 52,038,850 52,038,850 52,205,272 166,422 Airpark Fund 299,700 299,700 299,700 - Marine Fund 4,481,480 4,481,480 4,481,480 - Clearwater Harbor Marina 794,190 794,190 794,190 - Parking Fund 6,593,610 6,610,588 6,610,588 - - Internal Service Funds: Administrative Services Fund 11,752,010 12,252,010 12,252,010 - General Services Fund 4,884,560 4,979,560 4,979,560 - Garage Fund 17,484,130 17,484,130 17,484,130 - Central Insurance Fund 25,019,590 25,019,590 25,019,590 - Total, All Funds 395,849,090 398,971,363 405,507,115 6,535,753 49 Ordinance #9052-17 EXHIBIT A (Continued) EXHIBIT A (Continued) 2016-17 BUDGET EXPENDITURES 2016-17 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2016/17 2016/17 2016/17 Amendments General Fund: City Council 331,360 331,360 331,360 - City Manager's Office 993,950 993,950 993,950 - City Attorney's Office 1,651,920 1,651,920 1,651,920 - City Auditor's Office 216,330 216,330 216,330 - CRA Administration 395,140 395,140 395,140 - Economic Development & Housing Svc 1,706,650 1,706,650 1,706,650 - Engineering 7,865,730 7,865,730 7,865,730 - Finance 2,472,950 2,472,950 2,472,950 - Fire 26,312,890 26,312,890 26,312,890 - Human Resources 1,226,130 1,226,130 1,226,130 - Library 7,219,940 7,219,940 7,219,940 - Marine & Aviation 1,219,360 1,252,860 1,252,860 - Non-Departmental 6,600,840 7,040,660 11,982,042 4,941,382 Official Records & Legislative Svcs 1,060,210 1,060,210 1,060,210 - Parks & Recreation 25,682,620 25,682,620 25,682,620 - Planning & Development 5,627,690 5,627,690 5,627,690 - Police 39,781,790 39,781,790 39,781,790 - Public Communications 997,000 997,000 997,000 - Public Utilities 286,030 286,030 286,030 - Total, General Fund 131,648,530 132,121,850 137,063,232 4,941,382 Special Revenue Funds: Special Development Fund 17,594,120 17,594,120 17,594,120 - Special Program Fund 1,329,860 3,357,576 4,393,324 1,035,749 Local Housing Asst Trust Fund 983,540 983,540 983,540 - Utility & Other Enterprise Funds: Water & Sewer Fund 74,084,730 74,084,730 74,084,730 - Stormwater Utility Fund 17,653,660 17,653,660 17,653,660 - Solid Waste & Recycling Fund 24,536,640 24,586,640 24,666,640 80,000 Gas Fund 52,038,850 52,038,850 52,205,272 166,422 Airpark Fund 249,330 249,330 249,330 - Marine Fund 4,223,510 4,223,510 4,223,510 - Clearwater Harbor Marina 643,770 643,770 643,770 - Parking Fund 5,125,320 5,175,320 5,182,820 7,500 Internal Service Funds: Administrative Services Fund 11,752,010 12,252,010 12,252,010 - General Services Fund 4,884,560 4,979,560 4,979,560 - Garage Fund 17,484,130 17,484,130 17,484,130 - Central Insurance Fund 24,856,420 24,856,420 24,856,420 - Total, All Funds 389,088,980 392,285,016 398,516,068 6,231,053 50 Ordinance #9052-17 Mid Year Budget Review Fiscal Year 2016-17 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Deputy City Manager Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: May 30, 2017 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2016 through March, 2017) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $4,941,382. The General Fund expenditure increase at mid year is due to Council approved appropriations of General Fund reserves which total $4,941,382. Amendments include $107,750 to fund increased costs in the Missouri Avenue Median Beautification project; $4,265,000 to fund the purchase of the 301 Pierce Street property; $500,000 to fund the Imagine Clearwater Implementation project; and $68,632 for the Keys settlement. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2016 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $26.1 million, or 19.8% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $14.9 million. Significant amendments to other City Operating Funds are noted as follows. Mid Year Budget Review Fiscal Year 2016-17 City Manager's Transmittal Gas Fund Mid year amendments to Gas Fund expenditures reflect an increase of $166,422 . Significant amendments include a net decrease of $175,000 in personnel costs, a net decrease of $992,513 in operating costs primarily related to gas purchases, increased capital purchases which total $163,140, and an increase of $1,170,795 to transfers for the annual dividend payment to the General Fund. Amendments to Gas Fund revenues offset this expenditure increase. Solid Waste and Recycling Fund Mid year amendments to Solid Waste and Recycling Fund expenditures reflect an increase of $80,000 to fund increased hauling and processing costs for single stream recycling. Amendments increasing operating revenues in the Solid Waste and Recycling Fund more than offset this expenditure increase. Parking Fund Expenditure amendments in the Parking Fund reflect a transfer of $7,500 to the Beach Guard Facility Maintenance project to fund architectural drawings for a new guard tower to be built on north Clearwater beach. Operating revenues in the Parking Fund more than offset this budget increase. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect a net increase of $21,104,496. This increase is primarily the result of the following amendments: increase s which total $20,194,063 to bond proceed revenues in various Water and Sewer Fund projects due to the scheduled utility bond issue; transfers from General Fund reserves for $500,000 in the Imagine Clearwater Implementation project, and $107,750 in the Missouri Avenue Median Beautification project; increases in the Jack Russell Demo & Refurbishment project representing $100,000 in donation revenue and $128,000 in General Fund revenue; and an increase of $67,981 in grant funding from FDOT in the Druid Road Improvements project. All major project budget increases listed above have been previously approved by Council and are summarized on page 21. Special Program Fund The Special Program Fund reflects a net budget increase of $1,035,749 at mid year. Significant amendments include the recognition of $10,000 in grant revenues supporting the 2016 HVE Pedestrian and Bicycle Safety program; a total of $122,706 in donation revenues for Library programs and the Police Department’s Crime Prevention program; $631,912 for the special events and sponsorship program; $75,941 in fines and court proceeds to support public safety programs and the tree replacement program; and over $195,190 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2016/17 2016/17 FY 16/17 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 131,648,530 132,121,850 79,838,674 78,704,519 (1,134,155) -1%4,941,382 137,063,232 Expenditures 131,648,530 132,121,850 74,098,252 72,163,590 1,934,662 3%4,941,382 137,063,232 Utility Funds: Water & Sewer Fund Revenues 77,470,950 77,470,950 38,738,476 39,249,027 510,551 1%- 77,470,950 Expenditures 74,084,730 74,084,730 41,317,084 39,633,615 1,683,469 4%- 74,084,730 Stormwater Fund Revenues 18,100,120 18,100,120 9,049,768 9,326,587 276,819 3%- 18,100,120 Expenditures 17,653,660 17,653,660 12,075,409 11,593,794 481,615 4%- 17,653,660 Gas Fund Revenues 52,038,850 52,038,850 21,973,986 21,113,483 (860,503) -4%166,422 52,205,272 Expenditures 52,038,850 52,038,850 36,047,597 34,376,430 1,671,167 5%166,422 52,205,272 Solid Waste and Recycling Fund Revenues 24,718,850 24,718,850 12,360,426 12,893,821 533,395 4%392,200 25,111,050 Expenditures 24,536,640 24,586,640 13,008,225 11,875,721 1,132,504 9%80,000 24,666,640 Enterprise Funds: Marine Fund Revenues 4,481,480 4,481,480 2,083,612 1,892,399 (191,213) -9%- 4,481,480 Expenditures 4,223,510 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Airpark Fund Revenues 299,700 299,700 149,800 157,061 7,261 5%- 299,700 Expenditures 249,330 249,330 144,805 138,643 6,162 4%- 249,330 Clearwater Harbor Marina Fund Revenues 794,190 794,190 418,698 407,814 (10,884) -3%- 794,190 Expenditures 643,770 643,770 350,572 305,090 45,482 13%- 643,770 Parking Fund Revenues 6,593,610 6,610,588 2,816,878 3,599,710 782,832 28%- 6,610,588 Expenditures 5,125,320 5,175,320 3,084,577 2,576,664 507,913 16%7,500 5,182,820 Internal Service Funds: General Services Fund Revenues 4,884,560 4,979,560 2,442,276 2,469,675 27,399 1%- 4,979,560 Expenditures 4,884,560 4,979,560 2,680,222 2,547,464 132,758 5%- 4,979,560 Administrative Services Revenues 11,752,010 12,252,010 5,417,884 5,387,613 (30,271) -1%- 12,252,010 Expenditures 11,752,010 12,252,010 7,435,362 7,201,398 233,964 3%- 12,252,010 Garage Fund Revenues 17,484,130 17,484,130 8,515,300 7,346,043 (1,169,257) -14%- 17,484,130 Expenditures 17,484,130 17,484,130 9,130,923 7,331,394 1,799,529 20%- 17,484,130 Central Insurance Fund Revenues 25,019,590 25,019,590 12,519,804 12,064,993 (454,811) -4%- 25,019,590 Expenditures 24,856,420 24,856,420 12,457,432 9,362,601 3,094,831 25%- 24,856,420 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2016-17 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 13 Internal Service Funds Operating Budgets ................................................................................... 17 Capital Improvement Program Budget ........................................................................................ 21 Special Program Fund Budget ....................................................................................................... 40 Special Development Fund ........................................................................................................... 44 Administrative Change Orders ...................................................................................................... 47 Ordinances ..................................................................................................................................... 48 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2016 through March 31, 2017. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2017. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 29, 2016. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. 2 Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Capital Improvement Projects The amended 2016/17 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2016, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description - At mid year,local option,fuel and other taxes revenues exhibit a 11%negative variance.This is primarily related to timing of collection of business tax license revenue.No amendment is proposed until further months of revenue are available for review. Franchise Fees - At mid year,franchise fee revenues reflect a 20%negative variance primarily related to the Duke Energy fee.Revenues received for the first seven months of the year are approximately 22%lower than projections.No amendment is proposed at this time. Other Permits and Fees - At mid year,other permits and fee revenues reflect a 15% positive variance due to better than projected building/sign permit revenues. No amendment is proposed at this time. - At mid year,fines and forfeitures revenues reflect a 64% positive variance primarily due to red light camera revenue. No amendment is proposed until further months of activity are available to review. Miscellaneous - At mid year,miscellaneous revenues reflect a 15%positive variance.This is primarily due to the timing of receipt of the p- card rebate and increased rental revenues for beach umbrellas. No amendments are proposed. - At mid year,transfer in revenues reflect a 10%negative variance due to the timing of receipt of the annual gas dividend payment. No amendments are proposed. Local Option, Fuel & Other Taxes Judgments, Fines & Forfeitures City of Clearwater General Fund Revenues Mid Year Amendments FY 2016/17 Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2016/17 Mid year amendments reflect a net appropriation of $4,941,382 from General Fund reserves.Amendments represent the following allocations: 107,750 1)An allocation of $107,750 from fund reserves to capital project 315-93322,Missouri Avenue Median Beautification,to provide additional funding as approved by Council on March 13, 2017. 4,265,000 2)An allocation of $4,265,000 from fund reserves for the purchase of 301 Pierce Street as approved by the Council on April 20, 2017. 500,000 3) An appropriation of $500,000 from fund reserves to capital project 315-94892, Imagine Clearwater Implementation as approved by Council on April 25, 2017. 68,632 4) An appropriation of $68,632 from fund reserves to fund the Keys settlement as approved by the Council on May 17, 2017. 4,941,382 4,941,382 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description - At mid year,the City Manager's office reflects a 22%positive variance primarily due to the Assistant City Manager vacancy for the first few months of the year.No amendments are proposed. - At mid year,the Human Resources department reflects a 14%positive variance primarily due to salary savings from position turnover and some operating savings. - At mid year,the Marine and Aviation department reflects a 13%positive variance primarily due to lower than projected inventory purchases for resale. - Mid year amendments to Parks &Recreation expenditures reflect a net zero amendment transferring $128,000 in salary savings to capital project 315-93656,Jack Russell Demolition & Refurbishment. - At mid year,the Planning and Development department reflects a 10%positive variance primarily due to salary savings from position turnover and some operating savings. - At mid year,the Public Utilities Maintenance Facility cost center reflects a 12% positive variance primarily due to lower than projected utilities costs. City of Clearwater General Fund Expenditures Mid Year Amendments FY 2016/17 City Manager's Office Public Utilities (Maintenance Facility) Parks & Recreation Marine & Aviation Planning & Development Human Resources 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Mid Year Amendments FY 2016/17 Non-Departmental 4,333,632 Amendments to the Non-Departmental cost center reflect an increase of an increase of $4,333,632 which represents the following:1)an increase of $4,265,000 to land purchases,to fund the purchase 301 Pierce Street as approved by Council on April 20,2017;and 2)and increase of $68,632 to legal settlements to fund the Keys settlement as approved by Council on May 17, 2017. Amendments to Non-Departmental also reflect City Council approved interfund transfers of $607,750 to capital improvement projects, as follows: 107,750 1)A transfer of $107,750 from fund reserves to capital project 315-93322,Missouri Avenue Median Beautification, to provide additional funding as approved by Council on March 16, 2017. 500,000 2)A transfer of $500,000 from fund reserves to capital project 315-94892,Imagine Clearwater Implementation as approved by Council on April 25, 2017. 4,941,382 4,941,382 Net General Fund Expenditure Amendment 6 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget General Fund Revenues Ad Valorem Taxes 44,384,830 40,478,200 41,014,570 536,370 1%- 44,384,830 Utility Taxes 14,717,600 6,053,702 5,974,969 (78,733) -1%- 14,717,600 Local Option, Fuel and Other Taxes 7,100,400 3,720,132 3,305,416 (414,716) -11%- 7,100,400 Franchise Fees 10,280,100 4,335,875 3,472,274 (863,601) -20%- 10,280,100 Other Permits & Fees 2,372,250 1,186,128 1,362,850 176,722 15%- 2,372,250 Intergovernmental 23,054,960 9,065,422 9,116,039 50,617 1%- 23,054,960 Charges for Services 16,021,540 7,792,252 7,410,748 (381,504) -5%- 16,021,540 Judgments, Fines and Forfeitures 950,400 438,028 717,232 279,204 64%- 950,400 Miscellaneous Revenues 1,986,180 1,025,090 1,183,037 157,947 15%- 1,986,180 Transfers In 9,166,309 5,743,845 5,147,384 (596,461) -10%- 9,166,309 Total Revenues 130,034,569 79,838,674 78,704,519 (1,134,155) -1%- 130,034,569 Transfer (to) from Surplus 2,087,281 - - - ~4,941,382 7,028,663 Adjusted Revenues 132,121,850 79,838,674 78,704,519 (1,134,155) -1%4,941,382 137,063,232 General Fund Expenditures City Council 331,360 184,069 177,431 6,638 4%- 331,360 City Manager's Office 993,950 507,845 394,539 113,306 22%- 993,950 City Attorney's Office 1,651,920 843,384 768,557 74,827 9%- 1,651,920 City Auditor's Office 216,330 113,288 111,478 1,810 2%- 216,330 CRA Administration 395,140 213,147 205,675 7,472 4%- 395,140 Economic Development and Housing 1,706,650 1,087,003 1,027,897 59,106 5%- 1,706,650 Engineering 7,865,730 4,123,389 4,013,958 109,431 3%- 7,865,730 Finance 2,472,950 1,325,837 1,201,151 124,686 9%- 2,472,950 Fire 26,312,890 13,968,015 14,338,872 (370,857) -3%- 26,312,890 Human Resources 1,226,130 642,311 552,873 89,438 14%- 1,226,130 Library 7,219,940 3,979,596 3,830,641 148,955 4%- 7,219,940 Marine & Aviation 1,252,860 678,384 588,729 89,655 13%- 1,252,860 Non-Departmental 7,040,660 6,004,514 6,017,495 (12,981) 0%4,941,382 11,982,042 Official Records and Legislative Svcs 1,060,210 559,459 515,359 44,100 8%- 1,060,210 Parks & Recreation 25,682,620 14,765,345 14,137,402 627,943 4%- 25,682,620 Planning & Development 5,627,690 3,009,236 2,695,855 313,381 10%- 5,627,690 Police 39,781,790 21,423,286 20,943,198 480,088 2%- 39,781,790 Public Communications 997,000 527,134 516,891 10,243 2%- 997,000 Public Utilities 286,030 143,010 125,587 17,423 12%- 286,030 Total Expenditures 132,121,850 74,098,252 72,163,590 1,934,662 3%4,941,382 137,063,232 For Six Month Period of October 1, 2016- March 31, 2017 GENERAL FUND MID YEAR REVIEW 7 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 76,596,950 38,298,474 38,528,613 230,139 1%- 76,596,950 Judgments, Fines and Forfeits 271,000 135,498 148,618 13,120 10%- 271,000 Miscellaneous 603,000 304,504 487,196 182,692 60%- 603,000 Transfers In - - 84,600 84,600 ~- - Fund Equity - - - - ~- - Total Revenues 77,470,950 38,738,476 39,249,027 510,551 1%- 77,470,950 Water & Sewer Expenditures: Public Utilities Administration 1,586,550 815,853 694,195 121,658 15%- 1,586,550 Wastewater Collection 10,632,980 8,074,694 7,984,651 90,044 1%- 10,632,980 Public Utilities Maintenance 4,646,290 2,420,195 2,197,908 222,287 9%- 4,646,290 WPC / Plant Operations 19,603,910 10,741,241 10,119,707 621,534 6%- 19,603,910 WPC / Laboratory Operations 1,613,290 833,151 733,878 99,273 12%- 1,613,290 WPC / Industrial Pretreatment 955,760 498,504 551,028 (52,524) -11%- 955,760 Water Distribution 6,704,070 3,643,788 3,401,886 241,902 7%- 6,704,070 Water Supply 12,079,990 6,102,226 5,917,442 184,784 3%- 12,079,990 Reclaimed Water 2,487,730 1,300,350 1,175,182 125,168 10%- 2,487,730 Non-Departmental 13,774,160 6,887,082 6,857,739 29,343 0%- 13,774,160 Total Expenditures 74,084,730 41,317,084 39,633,615 1,683,469 4%- 74,084,730 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At mid year, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $3,386,220 for fiscal year 2016/17. No amendments are proposed to Water and Sewer Fund revenues at mid year. No amendments are proposed to Water and Sewer Fund expenditures at mid year. For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW 8 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,715,120 8,857,566 9,059,014 201,448 2%- 17,715,120 Judgments, Fines and Forfeits 50,000 25,002 37,176 12,174 49%- 50,000 Miscellaneous 335,000 167,200 230,397 63,197 38%- 335,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 18,100,120 9,049,768 9,326,587 276,819 3%- 18,100,120 Stormwater Expenditures: Stormwater Management 11,180,240 8,711,809 8,580,111 131,698 2%- 11,180,240 Stormwater Maintenance 6,473,420 3,363,600 3,013,683 349,917 10%- 6,473,420 Total Expenditures 17,653,660 12,075,409 11,593,794 481,615 4%- 17,653,660 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at mid year. No amendments are proposed to Stormwater Fund expenditures at mid year. At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $446,460 for fiscal year 2016/17. 9 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 43,261,840 21,630,936 20,693,221 (937,715) -4%(1,084,373) 42,177,467 Judgments, Fines and Forfeits 153,000 76,500 66,307 (10,193) -13%(20,000) 133,000 Miscellaneous 509,500 266,550 353,955 87,405 33%100,000 609,500 Transfers In - - - - ~- - Fund Equity 8,114,510 - - - ~1,170,795 9,285,305 Total Revenues 52,038,850 21,973,986 21,113,483 (860,503) -4%166,422 52,205,272 Gas Expenditures: Administration & Supply 22,051,990 12,066,483 10,780,946 1,285,537 11%160,268 22,212,258 South Area Gas Operations 7,694,220 4,895,547 4,824,679 70,868 1%(280) 7,693,940 North Area Gas Operations 4,941,400 3,408,636 3,090,132 318,505 9%(28,596) 4,912,804 Marketing & Sales 17,351,240 15,676,931 15,680,674 (3,743) 0%35,030 17,386,270 Total Expenditures 52,038,850 36,047,597 34,376,430 1,671,167 5%166,422 52,205,272 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:166,422 Gas Fund Expenditures:166,422 At mid year, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2016/17. At mid year,Gas Fund revenues reflect amendments which net an increase of $166,422.Amendments include the following:1) decreases totaling $1,557,373 in Gas sales due to a warmer winter;2)a decrease of $98,000 in installation and service charges to customers;3)a decrease of $20,000 to late payment fees;4)an increase of $571,000 to capitalized labor due to the increase in new construction;5)an increase of $100,000 in other refund revenue due to excise tax refund;and 6)an increase of $1,170,795 in fund reserves for the increased dividend payment to the General Fund. At mid year expenditure amendments reflect a net increase of $166,422.Amendments include:1)a net decrease of $175,000 in personnel due to savings from unfilled positions and turnover;2)a net decrease of $992,513 in operating expenses primarily related to gas purchases;3)an increase of $163,140 in capital items for the purchase of NG storage tube banks and two vehicles;and 4)increased transfers of $1,170,795 to fund the increased dividend to General Fund. 10 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,200 600 1,074 474 79%- 1,200 Charges for Service 21,285,000 10,642,500 10,953,287 310,787 3%300,000 21,585,000 Judgments, Fines and Forfeits 85,100 42,546 43,419 873 2%- 85,100 Miscellaneous 628,000 314,004 436,012 122,008 39%- 628,000 Transfers In - - - - ~- - Solid Waste Revenues 21,999,300 10,999,650 11,433,792 434,142 4%300,000 22,299,300 Recycling Revenues: Other Permits and Fees 400 198 345 147 74%- 400 Intergovernmental - - - - ~- - Charges for Service 2,015,000 1,007,502 1,062,277 54,775 5%50,000 2,065,000 Judgments, Fines and Forfeits 7,800 3,900 4,245 345 9%- 7,800 Miscellaneous 306,350 154,176 198,162 43,986 29%42,200 348,550 Transfers In 390,000 195,000 195,000 - 0%- 390,000 Recycling Revenues 2,719,550 1,360,776 1,460,029 99,253 7%92,200 2,811,750 Fund Equity - - - - ~- - Total Revenues 24,718,850 12,360,426 12,893,821 533,395 4%392,200 25,111,050 Solid Waste Expenditures: Collection 17,781,470 9,302,936 8,434,334 868,602 9%- 17,781,470 Transfer 1,668,990 931,297 904,524 26,773 3%- 1,668,990 Container Maintenance 882,670 515,614 452,489 63,125 12%- 882,670 Administration 971,150 505,376 485,904 19,472 4%- 971,150 Solid Waste Expenditures 21,304,280 11,255,223 10,277,251 977,972 9%- 21,304,280 Recycling Expenditures: Residential 1,365,860 716,710 624,446 92,264 13%- 1,365,860 Multi-Family 473,490 246,037 203,204 42,833 17%- 473,490 Commercial 1,443,010 790,255 770,819 19,436 2%80,000 1,523,010 Recycling Expenditures 3,282,360 1,753,002 1,598,469 154,533 9%80,000 3,362,360 Total Expenditures 24,586,640 13,008,225 11,875,721 1,132,504 9%80,000 24,666,640 At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $444,410 for fiscal year 2016/17. 11 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:392,200 Solid Waste and Recycling Fund Expenditures:80,000 Amendments to Solid Waste and Recycling fund revenues reflect a net increase of $392,200 at mid year.Amendments include the following:1)and increase of $300,000 to sanitation collection charge and $50,000 to recycling fees due to higher than anticipated fee generation this year;2)an increase of $35,000 in sales of recyclables due to an unexpected increase in the market value for recyclables;and 3)an increase of $7,200 in proceeds from the sale of a recycling vehicle at auction. Amendments to Solid Waste and Recycling fund expenditures reflect an increase of $80,000 to cover increased hauling and processing costs for single stream recycling. 12 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 5,000 - 895 895 ~- 5,000 Charges for Service 4,429,230 2,059,812 1,835,600 (224,212) -11%- 4,429,230 Judgments, Fines and Forfeits 3,000 1,500 1,380 (120) -8%- 3,000 Miscellaneous Revenue 44,250 22,300 54,524 32,224 145%- 44,250 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 4,481,480 2,083,612 1,892,399 (191,213) -9%- 4,481,480 Marine Expenditures: Marina Operations 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Total Expenditures 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $257,970 for fiscal year 2016/17. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW 13 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental 50,000 50,000 - (50,000) -100%- 50,000 Charges for Service 726,490 359,848 398,118 38,270 11%- 726,490 Judgments, Fines and Forfeits 1,200 600 210 (390) -65%- 1,200 Miscellaneous Revenue 16,500 8,250 9,486 1,236 15%- 16,500 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 794,190 418,698 407,814 (10,884) -3%- 794,190 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 643,770 350,572 305,090 45,482 13%- 643,770 Total Expenditures 643,770 350,572 305,090 45,482 13%- 643,770 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Mid year expenditures exhibit a 13%positive variance.This represents salary savings and lower than projected operating expenditures. No amendments are proposed at this time. At mid year, anticipated revenues of the Clearwater Harbor Marinas Fund exceed anticipated expenditures by $150,420 for fiscal year 2016/17. 14 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - - ~- - Charges for Service 14,000 7,002 8,159 1,157 17%- 14,000 Miscellaneous Revenue 285,700 142,798 148,902 6,104 4%- 285,700 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 299,700 149,800 157,061 7,261 5%- 299,700 Airpark Expenditures: Airpark Operations 249,330 144,805 138,643 6,162 4%- 249,330 Total Expenditures 249,330 144,805 138,643 6,162 4%- 249,330 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $50,370 for fiscal year 2016/17. No amendments are proposed to Airpark Fund revenues at mid year. No amendments are proposed to Airpark Fund expenditures at mid year. 15 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 5,686,610 2,375,598 2,838,092 462,494 19%- 5,686,610 Judgments, Fines and Forfeits 640,000 284,200 250,187 (34,013) -12%- 640,000 Miscellaneous Revenue 267,000 140,102 494,453 354,351 253%- 267,000 Transfers In 16,978 16,978 16,978 - 0%- 16,978 Fund Equity - - - - ~- - Total Revenues 6,610,588 2,816,878 3,599,710 782,832 28%- 6,610,588 PARKING FUND EXPENDITURES Engineering/Parking System 3,798,320 2,350,424 2,026,812 323,612 14%- 3,798,320 Engineering/Parking Enforcement 635,220 334,518 213,755 120,763 36%- 635,220 Parks & Rec/Beach Guards 741,780 399,635 336,097 63,538 16%7,500 749,280 Total Expenditures 5,175,320 3,084,577 2,576,664 507,913 16%7,500 5,182,820 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:7,500 At mid year,Parking Fund revenues exhibit a 28%positive variance due to increased parking fee revenues. Parking Fund expenditures reflect an 16%positive variance primarily due to timing of the Jolley Trolley payment and salary savings.Amendments include a transfer of $7,500 to capital project 315-93403,Beach Guard Facility Maintenance to fund architectural drawings for the new guard tower on north Clearwater beach. At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,427,768 for fiscal year 2016/17. 16 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 4,864,560 2,432,274 2,447,810 15,536 1%- 4,864,560 Miscellaneous Revenues 20,000 10,002 21,865 11,863 119%- 20,000 Transfers In - - - - ~- - Fund Equity 95,000 - - - ~- 95,000 Total Revenues 4,979,560 2,442,276 2,469,675 27,399 1%- 4,979,560 General Services Expenditures: Administration 509,470 405,202 268,099 137,103 34%- 509,470 Building & Maintenance 4,470,090 2,275,020 2,279,365 (4,345) 0%- 4,470,090 Total Expenditures 4,979,560 2,680,222 2,547,464 132,758 5%- 4,979,560 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2016/17. No amendments are proposed to General Services Fund revenues at mid year. No amendments are proposed to General Services Fund expenditures at mid year. 17 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 10,720,360 5,360,184 5,319,707 (40,477) -1%- 10,720,360 Miscellaneous Revenues 110,000 57,700 67,906 10,206 18%- 110,000 Transfers In - - - - ~- - Fund Equity 1,421,650 - - - ~- 1,421,650 Total Revenues 12,252,010 5,417,884 5,387,613 (30,271) -1%- 12,252,010 Administrative Services Expenditures: Info Tech / Admin 389,700 709,474 200,115 509,359 72%- 389,700 Info Tech / Network Svcs 3,919,880 1,981,470 2,305,897 (324,427) -16%- 3,919,880 Info Tech / Software Applications 3,541,860 2,398,869 2,367,031 31,839 1%- 3,541,860 Info Tech / Telecommunications 647,360 328,723 458,674 (129,951) -40%- 647,360 Public Comm / Courier 155,050 77,528 73,518 4,010 5%- 155,050 Clearwater Customer Service 3,598,160 1,939,298 1,796,164 143,134 7%- 3,598,160 Total Expenditures 12,252,010 7,435,362 7,201,398 233,964 3%- 12,252,010 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At mid year, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2016/17. No amendments are proposed to Administrative Services Fund revenues at mid year. No amendments are proposed to Administrative Services Fund expenditures at mid year. 18 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 16,570,810 8,285,400 6,903,718 (1,381,682) -17%- 16,570,810 Miscellaneous Revenues 440,000 229,900 442,325 212,425 92%- 440,000 Transfers In - - - - ~- - Fund Equity 473,320 - - - ~- 473,320 Total Revenues 17,484,130 8,515,300 7,346,043 (1,169,257) -14%- 17,484,130 Garage Fund Expenditures: Fleet Maintenance 15,804,300 8,238,510 6,461,834 1,776,676 22%- 15,804,300 Radio Communications 1,679,830 892,413 869,560 22,853 3%- 1,679,830 Total Expenditures 17,484,130 9,130,923 7,331,394 1,799,529 20%- 17,484,130 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2016/17. At mid year,Garage Fund revenues reflect a 14%negative variance due to lower than anticipated garage charges to departments.This decrease is offset by savings in Garage Fund expenditures. No amendments are proposed. No amendments are proposed to Garage Fund expenditures at mid year. 19 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 24,463,590 12,231,804 11,805,468 (426,336) -3%- 24,463,590 Miscellaneous Revenues 556,000 288,000 259,525 (28,475) -10%- 556,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 25,019,590 12,519,804 12,064,993 (454,811) -4%- 25,019,590 Central Insurance Expenditures: Finance / Risk Management 486,630 260,316 234,787 25,529 10%- 486,630 HR / Employee Benefits 386,280 205,348 182,896 22,452 11%- 386,280 HR / Employee Health Clinic 1,841,960 920,982 402,036 518,946 56%- 1,841,960 Non-Departmental 22,141,550 11,070,786 8,542,883 2,527,903 23%- 22,141,550 Total Expenditures 24,856,420 12,457,432 9,362,601 3,094,831 25%- 24,856,420 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at mid year. At mid year,expenditures in the Central Insurance Fund reflect a 25%positive variance primarily due to claims activity,and lower than projected expenditures to operate the employee health center. No amendments are proposed. At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $163,170 for fiscal year 2016/17. 20 CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2016/17 21 The amended 2016/17 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $21,104,496. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Northeast Plant Upgrade/Improvements 7,212,763 04/25/17 Sanitary Sewer Upgrades/Improvements 3,690,000 04/25/17 Sanitary Sewer Extensions 3,750,000 04/25/17 Groundwater Replenishment Facility 3,208,000 04/25/17 Marshall Street Upgrade/Improvements 1,875,000 04/25/17 R.O. Plant Expansion Res # 1 1,350,000 04/25/17 R.O. @ Res #2 1,000,000 04/25/17 R.O. Plant@ WTP #3 1,000,000 04/25/17 Line Relocation - Capitalized 620,000 04/25/17 Imagine Clearwater Implementation 500,000 04/25/17 Reclaimed Water Distribution System 400,000 04/25/17 Jack Russell Demo/Refurbishment 228,000 05/17/17 Devices/Equipment – Sewer Division 200,000 04/25/17 Laboratory Upgrade/Improvement 120,000 04/25/17 Missouri Avenue Median Beautification 107,750 03/16/17 East Plant Upgrade/Improvement 100,000 04/25/17 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Druid Road Improvements 1 315-92146 67,981 * To record a budget increase in the amount of $67,981.00 of FDOT Grant funding,which was approved by the City Council on May 4, 2017.67,981 Intersection Improvements 2 315-92562 (260,000) To record a budget transfer in the amount of $260,00.00 of Multi Modal Fees to project 315-92845,Clearwater Beach Transit Center.This was approved by the City Council on April 6, 2017.(260,000) Clearwater Beach Transit Center - NEW PROJECT 3 315-92845 260,000 To establish the project and record a budget transfer in the amount of $260,00.00 of Multi Modal Fees from project 315-92562,Intersection Improvements.This was approved by the City Council on April 6, 2017.260,000 Missouri Avenue Median Beautification 4 315-93322 107,750 To record a budget increase in the amount of $107,750.00 of General Fund reserves which was approved by the City Council on March 16, 2017.107,750 Beach Guard Facility Maintenance 5 315-93403 7,500 To record a budget increase in the amount of $7,500.00 of Parking Fund Revenue.The funding will provide for architectural drawings required for a new life guard tower on north Clearwater beach planned for construction in fiscal year 2018.7,500 Pier 60 Park Repair and Improvements -CLOSE PROJECT 6 315-93624 (641) To record a budget transfer in the amount $640.98 of General Fund Revenue to project 315-93633,Pier 60 Park &Beachwalk Repair &Improvements.The project is complete and will be closed.(641) Pier 60 Park & Beachwalk Repair and Improvements 7 315-93633 641 To record a budget transfer in the amount $640.98 of General Fund Revenue from project 315-93624,Pier 60 Park Repair and Improvements which will be closed.641 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Jack Russell Demo/Refurbishment 8 315-93656 228,000 To record a budget increase in the amount of $228,000.00 comprising of $100,000.00 in Donation Revenue and $128,000.00 from General Fund salary savings within the Parks &Recreation operating budget. This was approved by the City Council on May 17, 2017.228,000 Athletic Maintenance Equipment 9 316-93663 (798) * To record a budget decrease in the amount $797.70 of Lease Purchase Revenue.The equipment was purchased under budget.(798) Imagine Clearwater Implementation - NEW PROJECT 10 315-94892 500,000 To establish the project and record a budget increase in the amount of $500,00.00 of General Fund Reserves. This was approved by the City Council on April 25, 2017.500,000 Jeffords Street Outfall - CLOSE PROJECT 11 315-96177 (409,153) To record a budget transfer in the amount $409,152.76 of Stormwater Revenue to project 315-96186,Hillcrest Bypass Culvert.The Jeffords project is complete and will be closed.(409,153) Hillcrest Bypass Culvert 12 315-96186 409,153 To record a budget transfer in the amount $409,152.76 of Stormwater Revenue from project 315-96177, Jeffords Street Outfall. 409,153 WWTP Screw Pump Replacement 13 315-96202 (130,291) To record a budget transfer in the amount of $130,290.87 of Sewer Revenue to project 315-96212, Sanitary Sewer Upgrades/Improvements. 327-96202 (411,313) To record a budget transfer in the amount of $411,313.00 in Utility R&R revenue to project 327- 96218, Feasibility Studies/Evaluations - Sewer System.(541,604) 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 WWTP UV Disinfections System 14 315-96204 (357,407) To record a budget transfer in the amount of $357,406.80 of Sewer Revenue to project 315-96212, Sanitary Sewer Upgrades/Improvements. 327-96204 (342,635) To record a budget transfer in the amount of $342,635.07 in Utility R&R revenue to project 327- 96721, Water System R&R - Maintenance.(700,042) Sanitary Sewer Upgrades/Improvements -NEW PROJECT 15 315-96212 750,000 To establish the project and record a budget transfer in the amount of $749,999.67 of Sewer Revenue from the following three projects.Project number 315-96202, WWTP Screw Pump Replacement in the amount of $130,290.87;Project number 315-96204,WWTP Screw Pump Replacement,$357,406.80;Project number 315- 96611, Biosolids Treatment, $262,302.00. 382-96212 3,690,000 * To record a budget increase in the amount of $3,690,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.4,440,000 Marshall Street Upgrades/Improvements -NEW PROJECT 16 315-96213 400,000 To establish the project and record a budget transfer in the amount of $400,000.00 of Sewer Revenue from project 315-96686, Pump Station Replacement. 382-96213 1,875,000 * To record a budget increase in the amount of $1,875,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.2,275,000 East Plant Upgrades/Improvements - NEW PROJECT 17 382-96214 100,000 * To establish the project and record a budget increase in the amount of $100,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.100,000 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Northeast Plant Upgrades/Improvements -NEW PROJECT 18 315-96215 110,000 To establish the project and record a budget transfer in the amount of $110,000.00 of Water Revenue from project 315-96768 Rebate-Well,Lake,Pond Irrigation Abandonment. 315-96215 733,726 To record a budget transfer in the amount of $733,725.55 in Sewer Revenue from the following four projects:project 315-96523,Pub Utilities Adm Bldg R&R in the amount of $74,079.48;project 315-96615,Odor Control ,in the amount of $423,070.54;project 315- 96619,WWTP Generator Replacements in the amount of $235,126.53;project 315-96621,WWTP New Presses in the amount of $1,449.00. 382-96215 7,212,763 * To record a budget increase in the amount of $7,212,763.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.8,056,489 Laboratory Upgrades/Improvements - NEW PROJECT 19 315-96216 13,079 To establish the project and record a budget transfer in the amount of $13,079.25 in Sewer Revenue from project 315-96621, WWTP New Presses. 382-96216 120,000 * To record a budget increase in the amount of $120,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.133,079 Pump Station R&R - NEW PROJECT 20 327-96217 1,405,192 To establish the project and record a budget transfer in the amount of $1,405,192.15 in Utility R&R Revenue from the following five projects:Project 327-96615, Odor Control,in the amount of $37,872.47;Project 327- 96630,Sanitary Sewer Extension,in the amount of $70,835.68;Project 327-96634,Sanitary Utility Relocation,in the amount of $584,427.00;Project 327- 96645,Laboratory R&R,in the amount of $114,057.00; Project 327-96742,Line Relocation -Capitalized,in the amount of $598,000.00.1,405,192 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Feasibility Studies/Evaluations –Sewer System -NEW PROJECT 21 327-96218 1,241,641 To establish the project and record a budget transfer in the amount of $1,241,641.46 in Utility R&R Revenue from the following six projects:Project 327-96202, WWTP Screw Pump Replacement in the amount of $411,313.00;Project 327-96523,Pub Utilities Adm Bldg in the amount of $68,227.00;Project 327-96741,System R&R -Capital in the amount of $8,969.58;Project 327- 96742,Line Relocation -Capitalized,in the amount of $495,679.32;Project 327-96743,Mtr/Bkflow Prev Dev- Change in the amount of $91,012.00;Project 327-96752, Water Service Lines in the amount of $166,440.56.1,241,641 Devices/Equipments Sewer Division - NEW PROJECT 22 315-96219 485,000 To establish the project and record a budget transfer in the amount of $485,000.00 in Sewer Revenue from project 315-96611 Biosolids Treatment. 382-96219 200,000 * To establish the project and record a budget increase in the amount of $200,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.685,000 Public Utilities Adm Bldg R&R 23 315-96523 (74,079) To record a budget transfer in the amount of $74,079.48 of Sewer Revenue to project 315-96215,Northeast Plant Upgrades/Improvements. 327-96523 (68,227) To record a budget transfer in the amount of $68,227.00 in Utility R&R Revenue to project 327-96218,Feasibility Studies/Evaluations - Sewer System.(142,306) Public Utility Admin Building - NEW PROJECT 24 315-96526 484,306 To establish the project and record a budget transfer in the amount of $484,306.00 in Sewer Revenue from project 315-96654, Facilities Upgrade & Improvement.484,306 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Biosolids Treatment 25 315-96611 (747,302) To record a net budget transfer in the amount of $747,302 of Sewer Revenue to the following projects: $262,302.00 to project 315-96212,Sanitary Sewer Upgrades/Improvements;and $485,000.00 to project 315-96219, Devices/Equipments Sewer Division.(747,302) Odor Control 26 315-96615 (423,071) To record a budget transfer in the amount of $423,070.54 in Sewer Revenue to project 315-96215, Northeast Plant Upgrades/Improvements 327-96615 (37,872) To record a budget transfer in the amount of $37,872.47 in Utility R&R Revenue to project 327-96217,Pump Station R&R.(460,943) WWTP Generator Replacements 27 315-96619 (235,127) To record a budget transfer of $235,126.53 in Sewer Revenue to project 315-96215,Northeast Plant Upgrades/Improvements (235,127) WWTP New Presses 28 315-96621 (14,528) To record a net budget transfer of $14,528.25 in Sewer Revenue to the following projects:$1,449.00 to project 315-96215,Northeast Plant Upgrades/Improvements; and $13,079.25 to project 315-96216,Laboratory Upgrades/Improvements.(14,528) Sanitary Sewer Extensions 29 315-96630 (3,000,000) To record a budget transfer in the amount of $3,000,000.00 in Sewer Revenue to project 315-96773, Groundwater Replenishment Facility. 327-96630 (70,836) To record a budget transfer in the amount of $70,835.68 in Utility R&R Revenue to project 327-96217,Pump Station R&R. 382-96630 3,750,000 * To record a budget increase in the amount of $3,750,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.679,164 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Sanitary Utility Relocation 30 327-96634 (584,427) To record a budget transfer in the amount of $584,427.00 in Utility R&R Revenue to project 327- 96217, Pump Station R&R.(584,427) Laboratory R&R 31 327-96645 (114,057) To record a budget transfer in the amount of $114,057.00 in Utility R&R Revenue to project 327- 96217, Pump Station R&R.(114,057) Facilities Upgrade & Improvement 32 315-96654 (484,306) To record a budget transfer in the amount of $484,306.00 in Sewer Revenue to project 315-96526, Public Utility Admin Building. 327-96654 (1,875,440) To record a net budget transfer of $1,875,440.24 in Utility R&R Revenue to the following projects:$505,000 to project 327-96722,Line Relocation –Maintenance; $200,000 to project 327-96784,Reclaimed Water Distribution System R&R;$925,000 to project 327- 96785,Feasibility Studies/Evaluations –Water System; and $245,440.24 to project 327-96665,Sanitary Sewer R & R. 382-96654 (4,331,700) * To record a budget decrease in the amount of $4,331,700.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.(6,691,446) Water Pollution Control R&R 33 327-96664 2,000,000 To record a budget transfer in the amount of $2,000,000.00 in Utility R&R Revenue from project 327- 96741, System R &R - Capital.2,000,000 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Sanitary Sewer R&R 34 315-96665 138,973 To record a budget transfer in the amount of $138,973.27 in Sewer Revenue from project 315-96686, Pump Station Replacement. 327-96665 727,990 To record a budget transfer in the amount of $727,989.97 in Utility R&R Revenue from the following five projects:Project 327-96654,Facilities Upgrade & Improvement,in the amount of $245,440.24;Project 327-96686,Pump Station Replacement,in the amount of $64.84;Project 327-96740,Water Supply and Treatment,in the amount of $206,266.77;Project 327- 96768,Rebate-Well,Lake,Pond Irrigation Abandonment,in the amount of $50,000.00;Project 327- 96782,RO Plant @ WTP #3,in the amount of $226,218.12.866,963 Pump Station Replacement 35 315-96686 (2,138,973) To record a net budget transfer in the amount of $2,138,973.27 in Sewer Revenue to the following projects:$400,000.00 to project 315-96213,Marshall Street Upgrade/Improvements;$138,973.27 to project 315-96665 Sanitary Sewer R&R;and $1,600,000.00 to project 315-96773, Groundwater Replenishment Facility. 327-96686 (65) To record a budget transfer in the amount of $64.84 in Utility R&R Revenue to project 327-96665,Sanitary Sewer R&R.(2,139,038) Water System R&R - Maintenance 36 327-96721 342,635 To record a budget transfer in the amount of $342,635.07 in Utility R&R Revenue from project 327- 96204, WWTP UV Disinfections System.342,635 Line Relocation – Maintenance - NEW PROJECT 37 327-96722 505,000 To establish the project and record a budget transfer in the amount of $505,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement. 505,000 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Reclaimed Water Distribution System 38 315-96739 200,000 To record a budget transfer in the amount of $200,000.00 in Water Revenue from project 315-96740, Water Supply - Treatment. Reclaimed Water Distribution System 382-96739 400,000 * To record a budget increase in the amount of $400,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.600,000 Water Supply - Treatment 39 315-96740 (200,000) To record a budget transfer in the amount of $200,000 in Water Revenue to project 315-96739,Reclaimed Water Distribution System. 327-96740 (206,267) To record a budget transfer in the amount of $206,266.77 in Utility R&R Revenue to project 327- 96665, Sanitary Sewer R & R.(406,267) System R & R - Capital 40 315-96741 (22,590) To record a budget transfer in the amount of $22,589.75 in Water Revenue to project 315-96764,RO Plant Expansion Res #1. 327-96741 (2,008,970) To record a net budget transfer in the amount of $2,008,969.58 in Utility R&R Revenue to the following projects:$8,969.58 to project 327-96218,Feasibility Studies/Evaluations -Sewer System;and $2,000,000 to project 327-96664, Water Pollution Control R&R.(2,031,559) Line Relocation – Capitalized 41 327-96742 (1,093,679) To record a net budget transfer in the amount of $1,093,679.32 in Utility R&R Revenue to the following projects:$495,679.32 to project 327-96218,Feasibility Studies/Evaluations –Sewer System;and $598,000 to project 327-96217, Pump Station R&R. 382-96742 620,000 * To record a budget increase in the amount of $620,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.(473,679) 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Meter/Backflow Prev Dev/Change 42 327-96743 (91,012) To record a budget transfer in the amount of $91,012.00 in Utility R&R Revenue to project 327-96218,Feasibility Studies/Evaluations - Sewer System.(91,012) Water Service Lines 43 315-96752 (909,000) To record a budget transfer in the amount of $909,000.00 in Water Revenue to project 315-96764, RO Plant Expansion Res #1. 327-96752 (166,441) To record a budget transfer in the amount of $166,440.56 in Utility R&R Revenue to project 327- 96218, Feasibility Studies/Evaluations - Sewer System.(1,075,441) Reverse Osmosis Plant Expansion Res #1 44 315-96764 22,590 To record a budget transfer in the amount of $22,589.75 in Water Revenue from project 315-96741,System R&R - Capital. 315-96764 909,000 To record a budget transfer in the amount of $909,000.00 in Water Revenue from project 315-96752, Water Service Lines. 382-96764 1,350,000 * To record a budget increase in the amount of $1,350,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.2,281,590 Water Quality Monitoring Devices 45 315-96766 (591,745) To record a budget transfer in the amount of $591,744.78 in Water Revenue from project 315-96767, Reverse Osmosis @ Res 2.(591,745) Reverse Osmosis @ Res 2 46 315-96767 591,745 To record a budget transfer in the amount of $591,744.78 in Sewer Revenue from project 315-96766, Water Quality Monitoring Devices. 382-96767 1,000,000 * To record a budget increase in the amount of $1,00,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.1,591,745 31 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Rebate-Well, Lake, Pond Irrigation Abandonment 47 315-96768 (110,000) To record a budget transfer in the amount of $110,000.00 of Water Revenue to project 315-96215, Northeast Plant Upgrades/Improvements. 327-96768 (50,000) To record a budget transfer in the amount of $50,000.00 in Utility R&R Revenue to project 327-96665,Sanitary Sewer R & R.(160,000) Groundwater Replenishment Facility 48 315-96773 4,600,000 To record a net budget transfer in the amount of $4,600,000 in Sewer Revenue from the following projects:$3,000,000.00 from project 315-96630, Sanitary Sewer Extensions;and $1,600,000.00 from project 315-96686, Pump Station Replacement. 315-96773 2,129,301 To record a budget transfer in the amount of $2,129,301.19 in Water Revenue from project 315- 96774, Automated Meter Reading (AMR). 382-96773 3,208,000 * To record a budget increase in the amount of $3,208,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.9,937,301 Automated Meter Reading (AMR) 49 315-96774 (2,129,301) To record a budget transfer in the amount of $2,129,301.19 in Water Revenue to project 315-96773, Groundwater Replenishment Facility.(2,129,301) Reverse Osmosis Plant @WTP #3 50 327-96782 (226,218) To record a budget transfer in the amount of $226,218.12 in Utility R&R Revenue to project 327- 96665, Sanitary Sewer R & R. 382-96782 1,000,000 * To record a budget increase in the amount of $1,000,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.773,782 32 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Reclaimed Water Distribution System R&R -NEW PROJECT 51 327-96784 200,000 To establish the project and record a budget transfer in the amount of $200,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement.200,000 Feasibility Studies/Evaluations –Water System -NEW PROJECT 52 327-96785 925,000 To establish the project and record a budget transfer in the amount of $925,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement.925,000 21,104,496 (0) 21,104,496 TOTAL BUDGET INCREASE /(DECREASE) 33 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 2,845,426 1,024,930 1,605,917 214,579 91151 Police Property / Evidence Storage 75,000 75,000 75,000 75,000 - 91152 Police District 3 Sub Station 200,000 200,000 200,000 200,000 3,120,426 3,120,426 - 3,120,426 1,099,930 1,605,917 414,579 Fire Protection 91218 Fire Engine Replacement 2,170,566 2,170,566 2,170,566 2,148,018 22,548 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,907,400 1,907,400 1,907,400 1,678,496 228,904 91236 Rescue Vehicle 1,849,869 1,849,869 1,849,869 1,183,170 190,434 476,265 91253 Main Station (Fire)11,659,195 10,541,665 10,541,665 10,541,665 (0) C 91257 AED Program 174,810 174,810 174,810 119,400 55,410 91259 Radio Replacements 364,640 364,640 364,640 364,354 286 91260 Thermal Imaging Cameras 163,830 163,830 163,830 115,711 48,119 91261 Personal Protection Equipment 1,674,110 1,674,110 1,674,110 1,298,542 13,681 361,887 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634 91263 Extrication Tools 112,000 112,000 112,000 25,603 86,397 91264 Fire Hose Replacement 318,170 318,170 318,170 234,999 83,171 91268 Countryside Fire Station 3,697,910 3,932,566 3,932,566 876,332 2,784,376 271,858 91269 Clearwater Beach Fire Station 4,305,560 6,372,693 6,372,693 6,372,693 91270 Fire Station Security Cameras 350,000 350,000 350,000 250,000 100,000 91271 Fire Boat 650,000 650,000 650,000 90,987 515,311 43,702 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 4,940 95,060 Sub-Total 30,788,770 31,973,029 - 31,973,029 20,046,063 3,503,802 8,423,164 New Street Construction 92146 Druid Road Improvements 4,147,569 6,371,372 67,981 6,439,353 3,005,608 3,433,745 1 Sub-Total 4,147,569 6,371,372 67,981 6,439,353 3,005,608 - 3,433,745 Major Street Maintenance 92274 Bridge Maintenance & Improvements 9,274,480 9,274,480 9,274,480 4,100,351 881,737 4,292,392 92276 Traffic Calming Program 6,618,635 6,618,635 6,618,635 4,863,381 1,006,806 748,448 92277 Streets and Sidewalks 14,039,577 14,039,577 14,039,577 8,872,301 2,422,955 2,744,321 92278 Downtown Streetscaping 2,000,000 2,000,000 2,000,000 2,946 3,849 1,993,205 Sub-Total 31,932,692 31,932,692 - 31,932,692 17,838,979 4,315,347 9,778,366 Sidewalks and Bike Trail 92339 New Sidewalks 2,191,471 2,191,471 2,191,471 1,054,288 326,441 810,742 Sub-Total 2,191,471 2,191,471 - 2,191,471 1,054,288 326,441 810,742 Intersections 92559 City-Wide Intersection Improvement 1,086,378 1,086,378 - 1,086,378 579,600 7,491 499,287 92560 Signal Renovation 610,385 610,385 610,385 367,213 3,318 239,854 92561 New Signal Installation 402,877 402,877 402,877 218,743 184,134 92562 Intersection Improvements 2,737,017 2,737,017 (260,000) 2,477,017 19,998 2,457,019 2 Sub-Total 4,836,658 4,836,658 (260,000) 4,576,658 1,185,554 10,809 3,380,295 Parking 92650 Sand Wall Replacement on Clw Bch 421,152 421,152 421,152 368,452 3,525 49,175 92652 Parking Lot Resurfacing 1,076,633 1,076,633 1,076,633 268,157 808,476 92654 Parking Lot Improvement 1,230,357 1,230,357 1,230,357 318,491 250,708 661,158 92656 Pelican Walk Parking Garage 11,300,000 11,550,000 11,550,000 11,513,746 36,254 92657 Parking Facilities 844,909 594,909 594,909 105,723 3,590 485,596 Sub-Total 14,873,052 14,873,052 - 14,873,052 12,574,569 257,823 2,040,660 Miscellaneous Engineering 92839 Downtown Intermodal 575,000 575,000 575,000 473,889 101,111 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535 92841 Miscellaneous Engineering 263,396 263,396 263,396 81,180 182,216 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 60,837 17,215 1,371,948 92843 Survey Equipment Replacement 100,000 100,000 100,000 98,019 1,981 34 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering (continued) 92844 Centennial Monument 675,000 675,000 675,000 650,110 24,890 92845 Clearwater Beach Transit Center - - 260,000 260,000 260,000 3 Sub-Total 5,563,396 5,563,396 260,000 5,823,396 3,422,500 17,215 2,383,681 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 482,817 482,817 482,817 447,603 3,201 32,013 93205 Brighthouse Field Infrastructure Imp 1,635,345 1,667,345 1,667,345 1,654,371 (26,764) 39,738 93244 P&B Trucks 57,000 57,000 57,000 54,097 2,903 93247 Fitness Equipment Replacement 335,000 335,000 335,000 282,253 52,747 93251 Morningside Rec Ctr Replacement 5,965,000 5,965,000 5,965,000 583,773 656,668 4,724,559 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93271 Swimming Pool R&R 911,573 911,876 911,876 643,078 11,125 257,673 93272 Bicycle Paths-Bridges 4,299,196 4,403,833 4,403,833 3,360,614 39,540 1,003,679 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,440 93278 Long Center Infra Repairs 1,757,783 1,757,783 1,757,783 538,249 1,099,400 120,134 93286 Parking Lot/Bike Path Rsr/Imprv 778,506 778,506 778,506 541,116 237,390 93602 Sp Events Equip Rep & Rplcmnt 300,000 300,000 300,000 268,944 31,056 93604 Brdwlks & Docks Rep & Rplcmnt 457,000 425,000 425,000 326,981 102,478 (4,459) 93608 Miscellaneous Minor Public Art 285,543 285,543 285,543 160,903 2,250 122,390 93612 McMullen Tennis Complex 400,000 500,000 500,000 6,691 493,309 93618 Miscellaneous Park & Rec Contract 225,000 225,000 225,000 183,393 21,992 19,615 93620 Sports Field Lighting - 275,000 275,000 275,000 93623 Capitol Theatre 8,805,936 8,805,936 8,805,936 8,805,936 - C 93624 Pier 60 Park Repairs and Improvements 523,882 523,882 (641) 523,241 519,505 3,736 0 C 6 93625 Enterprise Dog Park - Phase II 400,000 0 0 0 C 93629 North Greenwood Athletic Fields 607,707 607,119 607,119 607,119 (0) C 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 865,177 4,799 227,514 93633 Pier 60 Park & Bchwlk Repair and Improv 665,000 665,000 641 665,641 477,722 16,373 171,546 7 93634 Concrete Sidewalk & Pad Repair 258,176 258,176 258,176 119,955 138,221 93635 Park Amenity Purch & Rplcmnt 422,800 422,800 422,800 369,008 1,268 52,524 93636 Tennis Court Resurfacing 230,310 230,310 230,310 225,784 4,526 93637 Playground & Fitness Purch & Rplc 562,079 562,079 562,079 345,480 5,254 211,345 93638 Fencing Replacement Program 359,664 359,664 359,664 264,556 13,318 81,790 93639 Marina Dist Boardwalk & Entry Node 756,510 756,510 756,510 266,409 277,881 212,220 93640 Bright House Repairs 1,477,486 1,477,486 1,477,486 1,468,461 9,025 93642 Phillip-Jones Restroom/Concession 220,000 236,944 236,944 144,223 12,750 79,971 93645 Joe DiMaggio Multi Field Reno 148,000 148,000 148,000 130,127 17,873 93646 Rest Rm Expan-Barefoot Bch House 401,000 401,000 401,000 275,311 13,950 111,739 93647 Crest Lk Pk Veterans War Memorial 400,000 400,000 400,000 391,866 1,500 6,634 93648 Moccasin Lake Park Master Plan 600,000 700,000 700,000 28,760 91,110 580,130 93649 Jack Russell Scoreboard & ADA 198,000 98,000 98,000 80,011 5,201 12,788 93650 Crest Lake Park Improvements 1,100,000 1,100,000 1,100,000 26,708 71,010 1,002,282 93651 EC Moore 8 & 9 Renovations/Press Box 680,000 679,902 679,902 679,902 0 C 93652 Countryside Plex Restroom/Concession 950,000 1,050,000 1,050,000 1,050,000 93653 Countryside Community Park Reno 100,000 100,000 100,000 100,000 93654 Recreation Centers Infrastructure Repairs 150,000 150,000 150,000 18,744 131,256 93655 J.D. Sports Complex Multipurpose Fields 1,750,000 1,485,924 1,485,924 10,188 105,968 1,369,768 93656 Jack Russell Demo & Refurbish 394,118 278,880 228,000 506,880 260,564 17,630 228,686 8 93657 Mini Bobcat Loader & Trailer 35,000 35,000 35,000 35,000 - C 93658 Cooper's Point Park Improvements - - - - C 93660 Sid Lickton Batting Tunnels 100,000 100,000 100,000 119,498 1,031 (20,529) 93661 Frank Tack Parking Lot 399,500 399,500 399,500 399,500 93662 Administration Vehicle 21,000 21,000 21,000 21,000 - C 93663 Athletic Maintenance Equipment 52,840 52,840 (798) 52,042 52,042 0 9 93664 Jack Russell Athletic Office - 555,000 555,000 397,050 137,408 20,542 Sub-Total 42,393,210 42,765,094 227,202 42,992,296 26,542,439 2,708,821 13,741,036 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Beautification 93322 Missouri Ave Median Beautification 389,500 389,500 107,750 497,250 104,487 370,543 22,220 4 Sub-Total 389,500 389,500 107,750 497,250 104,487 370,543 22,220 Marine Facilities 93403 Beach Guard Facility Maint 180,000 180,000 7,500 187,500 178,184 9,316 5 93410 Clwr Harbor Marina Maintenance 140,000 140,000 140,000 104,064 11,650 24,286 93412 City-wide Seawall Replacement 1,881,000 1,881,000 1,881,000 1,128,670 135,252 617,078 93415 Waterway Maintenance 285,000 285,000 285,000 141,885 280 142,835 93418 Utilities Services Replacement 307,714 307,714 307,714 124,843 182,871 93419 Dock Replacement & Repair 141,727 141,727 141,727 90,066 3,983 47,678 93420 Fuel System R & R 92,752 92,752 92,752 84,019 3,749 4,984 93421 Marine Facilities Dredging & Maint 108,715 108,715 108,715 69,514 39,201 93422 Dredging of City Waterways 746,204 746,204 746,204 491,352 46,032 208,820 93425 Seminole Boat Ramp Improvements 1,752,000 1,752,000 1,752,000 - 1,752,000 93495 Dock Construction 24,858 24,858 24,858 24,858 0 C 93497 Docks & Seawalls 936,085 936,085 936,085 552,272 383,813 93499 Pier 60/Sailing Center Maint 321,952 321,952 321,952 266,626 55,326 Sub-Total 6,918,006 6,918,006 7,500 6,925,506 3,256,353 200,946 3,468,207 Airpark 94817 Airpark Maint & Repair 179,000 179,000 179,000 170,381 8,619 94882 Rehabilitation of Hanger "D"625,000 625,000 625,000 625,000 - Sub-Total 804,000 804,000 - 804,000 795,381 - 8,619 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,482,383 314,218 93528 Countryside Library Renovation 7,480,111 7,480,111 7,480,111 7,433,242 34,496 12,373 93529 Main Library Entryway Improve 130,000 130,000 130,000 130,000 - C 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,147,261 543,378 559,361 93531 No. Greenwood Library Child Discovery 27,600 27,600 27,600 27,503 97 93532 Library Maker Space Maint. & Upgrade 112,980 112,980 112,980 30,491 46,146 36,343 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 29,397 3,400 266,053 93534 Library FF&E Repair & Replace 50,000 50,000 50,000 17,601 32,399 Sub-Total 22,146,142 22,146,142 - 22,146,142 20,252,774 672,524 1,220,844 Garage 94233 Motorized Equip-Cash II 1,494,856 1,494,856 1,494,856 1,427,268 67,588 94238 Police Vehicles 2,680,001 2,680,001 2,680,001 2,256,884 423,117 94241 Motorized Equipment Replace - L/P 30,488,992 30,488,992 30,488,992 22,170,772 3,979,986 4,338,234 94243 Radio P25 Upgrade 4,676,108 4,676,108 4,676,108 3,565,547 1,110,561 94244 Misc Vehicle Additions 104,000 104,000 104,000 99,135 4,865 94245 Fleet Industrial Fans 80,000 80,000 80,000 73,074 6,926 94246 Fleet Management & Mapping 320,000 320,000 320,000 320,000 Sub-Total 39,843,957 39,843,957 - 39,843,957 29,519,606 4,053,060 6,271,291 Maintenance of Buildings 94510 Air Cond Replace-City Wide 3,228,538 3,288,538 3,288,538 2,669,991 29,060 589,487 94512 Roof Repairs 745,345 745,345 745,345 651,132 94,213 94514 Roof Replacements 2,630,352 2,630,352 2,630,352 1,588,412 38,680 1,003,260 94517 Painting of Facilities 1,142,720 1,142,720 1,142,720 753,887 388,833 94518 Fencing of Facilities 174,811 174,811 174,811 126,100 17,029 31,682 94519 Flooring for Facilities 1,343,952 1,343,952 1,343,952 984,031 14,253 345,668 94521 Elevator Refurbish/Modernization 524,722 524,722 524,722 250,826 13,320 260,576 94528 Light Replacement & Repair 729,931 454,931 454,931 297,308 157,623 94530 Building Systems 380,000 340,000 340,000 111,044 228,956 94531 M.S.B. Renovations 100,000 1,160,885 1,160,885 8,400 1,152,485 94532 New A/C System Chiller 600,000 600,000 600,000 600,000 94533 General Services R&R 75,000 75,000 75,000 75,000 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 90,275 90,275 90,275 0 C 94626 Public Works Complex 632,800 632,800 632,800 74,220 25,552 533,028 Sub-Total 14,409,331 14,154,331 .14,154,331 7,666,373 137,894 6,350,064 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 3,056,478 3,056,478 3,056,478 2,581,387 475,091 94736 Geographic Information Sys 1,102,726 1,102,726 1,102,726 1,024,206 78,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 573,658 573,658 573,658 244,249 329,409 94803 Environmental Assmt & Clean-up 1,090,964 1,090,964 1,090,964 715,793 375,171 94814 Network Infra & Server Upgrade 3,685,057 3,685,057 3,685,057 3,237,962 6,093 441,002 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 460,000 460,000 460,000 354,604 105,396 94827 Telecommunications Upgrade 529,000 529,000 529,000 334,953 10,665 183,382 94828 Financial Systems Upgrades 2,576,628 2,576,628 2,576,628 371,074 1,840,883 364,671 94829 CIS Upgrades / Replacement 947,376 947,376 947,376 360,403 586,973 94830 MS Licensing / Upgrades 875,000 875,000 875,000 507,132 367,868 94833 Computer Monitors 380,000 380,000 380,000 338,439 41,561 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 387,578 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 176,655 323,041 304 94857 Accela Permitting & Code Enforce 350,000 350,000 350,000 90,906 259,094 94861 Library Technology 1,250,000 1,250,000 1,250,000 935,634 314,366 94873 Citywide Camera System 260,000 260,000 260,000 118,298 141,702 94874 City Enterprise Timekeeping System 235,000 235,000 235,000 161,897 25,805 47,298 94878 Asset Management Upgrade 180,000 180,000 180,000 18,391 13,029 148,580 94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 92,067 12,933 94880 Granicus Agenda Management Sys 85,000 85,000 85,000 41,136 43,864 94883 Business Process Review & Improve 450,000 450,000 450,000 114,647 335,353 94886 Clearwater Airpark Masterplan Update 150,000 150,000 150,000 150,000 94888 City EOC & Disaster Recovery Facility 360,000 360,000 360,000 360,000 94890 Enterprise Advanced Audio Video R&R - 500,000 500,000 453,000 47,000 94892 Imagine Clearwater Implementation - - 500,000 500,000 500,000 10 Sub-Total 20,491,887 20,991,887 500,000 21,491,887 12,816,263 2,219,516 6,456,108 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 20,752,929 20,752,929 20,752,929 14,840,137 2,906,435 3,006,357 96129 Stevenson Creek Estuary Restoration 6,287,225 6,287,225 6,287,225 6,284,388 2,837 96164 Allen's Creek Improvement Projects 2,848,173 2,848,173 2,848,173 813,122 1,944,017 91,034 96168 Stormwater System Expansion 2,651,649 2,651,649 2,651,649 1,058,846 453 1,592,350 96169 Stevenson Creek 6,543,372 4,834,388 4,834,388 3,228,089 341,390 1,264,909 96170 Coastal Basin Projects 4,935,414 4,935,414 4,935,414 3,465,648 257,749 1,212,017 96173 Alligator Creek Watershed Projects 4,292,740 4,292,740 4,292,740 1,467,334 50,700 2,774,706 96177 Jeffords Street Outfall 1,764,722 1,764,722 (409,153) 1,355,569 1,355,569 173,797 (173,797) 11 96178 Smallwood Circle 1,781,686 1,781,686 1,781,686 1,781,686 0 C 96180 Stormwater Maint St Sweeping Fac 2,323,408 2,323,408 2,323,408 337,654 1,785,754 200,000 96184 Magnolia Drive Outfall 3,400,000 3,400,000 3,400,000 1,713,019 1,598,831 88,150 96186 Hillcrest Bypass Culvert 3,900,000 3,900,000 409,153 4,309,153 212,986 42,705 4,053,462 12 96187 Mango Outfall 1,800,000 1,800,000 1,800,000 598,272 413,039 788,689 96188 East Gateway Improvements 3,573,522 5,282,506 5,282,506 323,004 4,659,609 299,893 96189 Dump Trailer 60,000 60,000 60,000 44,984 15,016 96190 Roll Off Truck 230,000 230,000 230,000 226,808 3,192 96191 Stormwater Vehicle 30,000 30,000 30,000 30,000 - C Sub-Total 67,174,840 67,174,840 (0) 67,174,840 37,781,546 14,174,479 15,218,815 37 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R - Maintenance 4,606,799 4,606,799 342,635 4,949,434 2,682,186 265,784 2,001,464 36 96722 Line Relocation - Maintenance - - 505,000 505,000 505,000 37 96739 Reclaimed Water Dist Sys 65,071,459 63,071,459 600,000 63,671,459 62,070,117 967,088 634,254 38 96740 Water Supply/Treatment 5,870,430 5,870,430 (406,267) 5,464,163 5,352,198 111,965 0 39 96741 System R & R-Capitalized 10,836,996 10,836,996 (2,031,559) 8,805,437 8,798,233 7,203 1 40 96742 Line Relocation-Capitalized 13,964,486 15,964,486 (473,679) 15,490,807 11,624,958 3,108,380 757,469 41 96743 Mtr Bkflow Prev Dev/Change Out 4,184,046 4,184,046 (91,012) 4,093,034 3,976,531 116,503 42 96744 System Expansion 2,333,673 2,633,673 2,633,673 2,397,921 71,925 163,827 96752 Water Service Lines 5,042,119 4,742,119 (1,075,441) 3,666,678 3,658,440 8,238 0 43 96764 RO Plant Exp Res #1 16,865,751 16,865,751 2,281,590 19,147,341 16,090,704 742,057 2,314,580 44 96766 Water Quality Monitoring Devices 600,000 600,000 (591,745) 8,255 8,255 0 45 96767 RO Plant at Res #2 44,701,876 44,701,876 1,591,745 46,293,621 43,619,130 203,556 2,470,935 46 96768 Rebate Well, Lk, Pnd Irr Abandmt 275,000 275,000 (160,000) 115,000 111,728 3,272 47 96773 Groundwater Replenishment Facility 8,177,867 8,177,867 9,937,301 18,115,168 4,319,035 1,564,785 12,231,348 48 96774 Automated Meter Reading 2,300,000 2,300,000 (2,129,301) 170,699 170,699 (0) 49 96775 Arsenic Treatment WTP #3 1,359,420 133,202 133,202 133,202 (0) C 96780 Valve Turner Maintenance Trailer 57,884 57,884 57,884 57,884 0 C 96781 Compact Track Loader 62,000 62,000 62,000 48,523 13,477 96782 Reverse Osmosis Plant @WTP #3 - 1,226,218 773,782 2,000,000 862,100 1,137,900 50 96784 Reclaimed Water Distribution System R&R - - 200,000 200,000 200,000 51 96785 Feasibility Studies/Evaluations - Water System - - 925,000 925,000 925,000 52 Sub-Total 186,309,806 186,309,806 10,198,049 196,507,855 165,119,744 7,913,081 23,475,030 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 4,803,480 (541,604) 4,261,876 4,261,876 (0) 13 96204 WWTP UV Disinfections System 1,567,586 1,567,586 (700,042) 867,544 867,544 (0) 14 96209 Maintenance Vehicle 109,000 94,002 94,002 94,002 - C 96211 Godwin Diesel Pump 72,000 72,000 72,000 69,833 2,167 96212 Sanitary Sewer Upgrades/Improvements - - 4,440,000 4,440,000 69,833 4,370,167 15 96213 Marshall Street Upgrades/Improvements - - 2,275,000 2,275,000 2,275,000 16 96214 East Plant Upgrades/Improvements - - 100,000 100,000 100,000 17 96215 Northeast Plant Upgrades/Improvements - - 8,056,489 8,056,489 8,056,489 18 96216 Laboratory Upgrade/Improvements - - 133,079 133,079 133,079 19 96217 Pump Station R&R - - 1,405,192 1,405,192 1,405,192 20 96218 Feasibility Studies/Evaluations - - 1,241,641 1,241,641 1,241,641 21 96219 Devices/Equipment Sewer Division - - 685,000 685,000 685,000 22 96611 Bio-Solids Treatment 9,227,732 9,227,732 (747,302) 8,480,430 7,859,993 46,370 574,067 23 96615 Odor Control 2,567,094 2,567,094 (460,943) 2,106,151 1,971,665 134,486 (0) 25 96619 WWTP Generator Replacements 4,411,383 4,411,383 (235,127) 4,176,256 4,176,257 (0) 25 96621 WWTP New Presses 3,402,580 3,402,580 (14,528) 3,388,052 3,388,052 (0) 26 96630 Sanitary Sewer Extension 16,179,556 16,179,556 679,164 16,858,720 10,808,820 152,283 5,897,617 27 96634 Sanitary Util Reloc Accmmdtn 7,216,813 11,533,916 (584,427) 10,949,489 4,962,309 5,596,144 391,036 28 96645 Laboratory Upgrade & R&R 2,104,959 2,104,959 (114,057) 1,990,902 1,878,560 14,310 98,032 29 96654 Facilities Upgrade & Improvement 27,468,778 27,839,479 (6,691,446) 21,148,033 18,105,987 1,958,309 1,083,737 30 96664 WPC R & R 29,154,544 29,154,544 2,000,000 31,154,544 21,773,260 1,878,079 7,503,205 31 96665 Sanitary Sewer R&R 37,402,389 33,085,286 866,963 33,952,249 27,738,063 3,159,098 3,055,088 32 96666 WWTP East Bypass & NE Pump 2,586,522 2,325,971 2,325,971 2,325,971 0 C 96686 Pump Station Replacement 19,776,977 19,776,977 (2,139,038) 17,637,939 16,202,963 1,115,534 319,442 33 Sub-Total 168,097,295 168,146,544 9,654,015 177,800,559 126,554,988 14,054,613 37,190,958 38 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,334,794 2,334,794 2,334,794 1,519,224 122,334 693,236 96365 Line Relocation-Pinellas Maint 934,106 734,106 734,106 516,403 71,751 145,952 96367 Gas Meter Change Out-Pinellas 3,435,000 3,435,000 3,435,000 3,276,649 158,351 96374 Line Relocation-Pinellas Capitalized 2,781,944 2,781,944 2,781,944 2,280,133 501,811 96376 Line Relocation - Pasco Maint 308,593 208,593 208,593 84,756 123,837 96377 Pinellas New Main / Service Lines 28,449,544 28,478,764 28,478,764 27,315,785 21,831 1,141,148 96378 Pasco New Mains / Service Lines 13,855,830 13,864,858 13,864,858 11,601,770 367,499 1,895,589 96379 Pasco Gas Meter Change Out 717,821 717,821 717,821 634,636 83,185 96381 Line Reloc-Pasco-Capitalized 226,192 68,791 68,791 57,152 11,639 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 135,732 96384 Gas Building Renovation 14,349,675 14,349,675 14,349,675 1,019,432 1,037,490 12,292,753 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,186,506 371,339 96386 Expanded Energy Conservation 6,038,014 6,539,822 6,539,822 5,526,551 1,013,271 96387 Natural Gas Vehicle 4,553,867 4,560,009 4,560,009 3,704,069 855,940 96389 Future IMS Software & Hardware 300,000 300,000 300,000 179,206 95,980 24,814 96390 Ford Trucks 394,000 394,000 394,000 212,113 42,771 139,116 96391 Gas System Pasco Building 2,000,000 2,000,000 2,000,000 2,000,000 96392 Gas Equipment Additions 191,000 191,000 191,000 189,278 1,722 Sub-Total 83,420,224 83,509,020 - 83,509,020 60,159,931 1,759,656 21,589,433 Solid Waste 96426 Facility R & R 2,402,608 2,402,608 2,402,608 1,673,746 29,234 699,628 96443 Res Container Acquisition-II 1,751,741 1,751,741 1,751,741 1,285,464 466,277 96444 Comm Container Acquisition-II 3,490,020 3,540,020 3,540,020 2,722,409 11,650 805,961 96445 Solar Trash & Recycling Kiosks 239,414 239,414 239,414 189,414 50,000 96447 S.W.Transfer Station Rebuild 1,000,000 1,000,000 1,000,000 750,641 249,359 96448 Solid Waste CNG Station 150,000 150,000 150,000 150,000 Sub-Total 9,033,783 9,083,783 - 9,083,783 6,621,674 40,884 2,421,225 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 1,001,134 1,001,134 (142,306) 858,828 679,335 97,716 81,777 23 96526 Public Utility Admin Building - - 484,306 484,306 484,306 24 Sub-Total 1,160,667 1,160,667 342,000 1,502,667 830,931 97,716 574,020 Recycling 96804 Recycling Carts/Dumpsters 1,036,650 1,036,650 1,036,650 698,517 338,133 96805 Recycling Expansion/Particip/R&R 1,291,525 1,291,525 1,291,525 886,870 404,655 96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 1,000,000 112,552 2,350 885,098 Sub-Total 3,328,175 3,328,175 - 3,328,175 1,697,939 2,350 1,627,886 TOTAL ALL PROJECTS 764,706,209 768,919,199 21,104,496 790,023,695 561,279,039 58,443,437 170,301,219 39 Special Program Fund Mid Year Budget Amendments October 1, 2016 - March 31, 2017 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Police Extra Duty 1 99215 184,427 (4,634) To record a budget increase of $184,427 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $4,633.50 in Police Service revenue to program 181-99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 179,794 2016 HVE Pedestrian & Bicycle Safety 2 99218 10,000 To record a budget increase of $10,000 in grant revenue from the USF Center for Urban Transportation Research as approved by Council on April 6, 2017. 10,000 Police Education Fund 3 99317 7,136 To record a budget increase of $7,136.04 in police education fine revenue which will bring the budget in line with actual receipts.7,136 Investigative Cost Recovery 4 99329 37,587 To record a net budget increase of $37,586.61 which will bring the budget in line with actual receipts.Amendments include an increase of $10,762.92 in overtime reimbursement revenues,and an increase of $26,823.69 in fines,forfeitures and penalties revenue.37,587 Florida Contraband Forfeiture Fund 5 99330 39,269 (30,000) To record a net budget increase of $39,269.36 in fines, forfeitures and penalties revenue which will bring the budget in line with actual receipts. To record a transfer of $30,000 in fines,forfeitures and penalties revenue to 181-99356, Safe Neighborhood Program.9,269 Vehicle Replacement 6 99350 4,634 To record a transfer of $4,633.50 in police services revenue from 181-99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 4,634 Safe Neighborhood Program 7 99356 30,000 To record a transfer of $30,000 in fines,forfeitures,and penalties revenue from program 181-99330,Florida Contraband Forfeiture Fund.30,000 Crime Prevention Program 8 99364 5,000 To record a budget increase of $5,000 in donation revenue to bring the budget in line with actual receipts. 5,000 Public Safety Program Totals:283,419 - 283,419 40 Special Program Fund Mid Year Budget Amendments October 1, 2016 - March 31, 2017 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs: Clark-Turner Trust (Library) - NEW PROGRAM 9 98608 105,020 To establish the program and record a budget increase of $105,020.22 in donation revenues from the estate of Geraldine Clark-Turner. 105,020 Special Events 10 99865 631,912 To record a budget increase of $631,911.92;representing increases of $10,501.41 in rental income,$107,456.20 in sponsorship revenue,$2,285.00 in memberships and registrations, $508,848.21 in sales revenue,and $2,821.10 in reimbursements, which will bring the budget in line with actual receipts for the quarter. 631,912 Library Special Account 11 99910 12,685 To record a budget increase of $12,685.36 in donation revenue to bring the budget in line with actual receipts.12,685 Tree Replacement Program 12 99970 2,712 To record a budget increase of $2,712.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.2,712 Miscellaneous Programs Total:752,330 - 752,330 1,035,749 - 1,035,749 Total Budget Increase/(Decrease): 41 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2016 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99207 Bulletproof Vests 225,000 225,000 - 225,000 182,511 15,586 26,903 99209 Clearwater Cold Case Team 2014 30,671 30,671 - 30,671 30,671 - 99212 AmeriCorps Clearwater 2015 232,440 232,440 - 232,440 205,719 26,721 99214 2015 HVE Ped and Bicycle Safety 29,943 29,929 - 29,929 29,929 - (0) 99215 Police Extra Duty 822,056 1,096,677 179,794 1,276,470 1,144,517 - 131,953 1 99216 FCASV - ESARP Program 4,985 4,985 - 4,985 3,464 - 1,521 99217 2016 JAG Grant (Tablets)- 51,192 - 51,192 50,908 24 260 99218 2016 HVE Ped & Bicycle Safety - 40,000 10,000 50,000 35,565 - 14,435 2 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 69,295 - 17,705 99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,150 - 763 99264 School Resource Officers 2,182,103 2,504,576 - 2,504,576 2,331,223 - 173,353 99279 Police Recruitments 68,282 71,010 - 71,010 59,150 - 11,860 99281 Fed Forfeitures - Treasury 170,217 170,878 - 170,878 120,171 - 50,707 99316 Police Volunteers 132,179 139,090 - 139,090 127,468 - 11,622 99317 Police Education Fund 1,270,850 1,283,215 7,136 1,290,351 1,220,409 - 69,942 3 99329 Investigative Recovery Costs 2,150,606 2,212,782 37,587 2,250,369 1,898,477 - 351,892 4 99330 FL Contraband Forfeiture Fnd 1,035,137 1,020,147 9,269 1,029,416 646,312 - 383,104 5 99331 Law Enforcement Trust Fund 2,673,065 2,613,426 - 2,613,426 2,575,120 - 38,306 99350 Vehicle Replacement Fund 286,732 298,462 4,634 303,095 111,217 - 191,878 6 99356 Safe Neighborhood Program 874,053 924,053 30,000 954,053 840,377 - 113,676 7 99364 Crime Prevention Program 69,599 73,596 5,000 78,596 62,304 - 16,292 8 99387 Federal Forfeiture Sharing 2,117,862 2,125,878 - 2,125,878 1,602,473 84,820 438,585 Sub-Total 14,468,692 15,240,918 283,419 15,524,337 13,352,430 100,430 2,071,477 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99737 Public Facilities 2014 180,000 180,000 - 180,000 173,200 - 6,800 99744 Economic Development Incentives 292,500 292,500 - 292,500 262,500 - 30,000 99745 Public Facilities 2015 173,712 173,712 - 173,712 150,000 - 23,712 99752 Public Facilities 2016 499,972 499,972 - 499,972 344,931 134,200 20,841 99753 Economic Development 2016 10,000 10,000 - 10,000 - - 10,000 99754 Housing Rehab 2016 529,282 529,282 - 529,282 266,094 - 263,188 99755 Program Administration 2016 136,251 136,251 - 136,251 148,305 4,248 (16,302) 99756 Relocation/Demolition 2016 51,970 51,970 - 51,970 - - 51,970 99757 Infill Housing 2016 151,056 151,056 - 151,056 28,313 - 122,743 99758 Public Services 2016 121,000 121,000 - 121,000 121,654 130 (784) 99759 Public Facilities 2017 368,560 368,560 - 368,560 - 244,360 124,200 99760 Economic Development 2017 4,802 4,802 - 4,802 - - 4,802 99761 Public Services 2017 100,145 100,145 - 100,145 36,038 64,392 (285) 99762 Program Administration 2017 133,527 133,527 - 133,527 - - 133,527 99763 Housing Rehab 2017 60,600 60,600 - 60,600 570 8,961 51,069 99888 ULI Report Implementation 875,000 875,000 - 875,000 502,074 54,695 318,231 Sub-Total 3,803,377 3,803,377 - 3,803,377 2,083,013 510,986 1,209,378 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 433,552 437,451 - 437,451 163,019 - 274,432 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 Sub-Total 463,552 467,451 - 467,451 190,619 - 276,832 42 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2016 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 705,856 712,285 - 712,285 709,313 2,972 (0) Sub-Total 705,856 712,285 - 712,285 709,313 2,972 (0) MISCELLANEOUS PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 5,453 - 4,547 98602 Branding Roll-Out 400,000 400,000 - 400,000 8,589 - 391,411 98603 Common Heritage Grang (NEH)11,188 11,188 - 11,188 10,309 - 879 98604 2016 Clearwater Ferry 79,300 519,120 - 519,120 267,372 - 251,748 98605 2016 Jolley Troller Sumer Pilot 51,330 51,330 - 51,330 51,330 - - 98606 Senior Citizens Services - EBWP - 15,000 - 15,000 9,368 - 5,632 98607 Senior Citizens Services - Trips - 6,000 - 6,000 - - 6,000 98608 Clark-Turner Trust (Library)- - 105,020 105,020 - - 105,020 9 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 7,580 9,080 - 9,080 7,970 - 1,110 99846 Economic Development - QTI 103,959 103,959 - 103,959 60,866 - 43,093 99860 Strategic Direction Action Plan 300,000 300,000 - 300,000 300,000 - - 99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192 99865 Special Events 5,876,826 6,285,545 631,912 6,917,457 6,569,273 129,732 218,452 10 99867 Centennial Celebration 150,000 150,000 - 150,000 150,000 - - 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 192,060 192,060 - 192,060 170,736 - 21,324 99871 State Brownfields Redevelopment Acct 165,454 165,463 - 165,463 165,463 - 0 99872 Coordinated Child Care - Ross Norton 1,497,582 1,859,373 - 1,859,373 1,103,331 - 756,042 99910 Library Special Account 785,352 790,633 12,685 803,318 776,057 9,169 18,092 11 99925 Peg Access Support 838,261 838,261 - 838,261 826,972 - 11,289 99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 156,794 154,619 - 154,619 133,261 - 21,358 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,446,000 1,455,216 2,712 1,457,928 810,213 25,708 622,007 12 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 Sub-Total 19,391,676 20,636,837 752,330 21,389,167 15,478,570 164,609 5,745,988 TOTAL ALL PROJECTS 39,122,653 41,150,368 1,035,749 42,186,117 31,964,330 778,997 9,442,790 43 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2016/17 Increase/ (Decrease)Description Revenues At mid-year,no amendments are needed to Special Program Fund revenues. -$ Net Revenue Amendments Expenditures At mid-year,no amendments are needed to Special Program Fund expenditures. -$ Net Expenditure Amendments 44 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2016 - March 31, 2017 Third Quarter: October 1, 2016 - June 30, 2017 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2016/17 2016/17 2016/17 Amendments Revenues: Ad Valorem Taxes 2,220,420 2,220,420 2,220,420 - Infrastructure Tax 10,442,200 10,442,200 10,442,200 - Interest Earnings 575,000 575,000 575,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,535,350 1,535,350 1,535,350 - Allocation of Assigned Fund Balance 3,206,150 3,206,150 3,206,150 - Transfer-In from Capital Improvement Plan - 9,259 9,259 - 18,249,120 18,258,379 18,258,379 - Expenditures: Transfer to Capital Improvement Fund Road Millage 2,220,420 2,220,420 2,220,420 - Infrastructure Tax 12,770,060 12,770,060 12,770,060 - Multi-Modal Impact fees 190,000 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 1,650,000 - Infrastructure Tax - Debt on Internal Loans 763,640 763,640 763,640 - 17,594,120 17,594,120 17,594,120 - SPECIAL DEVELOPMENT FUND 45 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2016 - March 31, 2017 Third Quarter: October 1, 2016 - June 30, 2017 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2016/17 2016/17 2016/17 Amendments Revenues: CDBG/Home Funds 667,630 667,630 667,630 - Interest Earnings 50,000 77,100 77,100 - Grant Funds - 112,177 122,177 10,000 Other Governmental Revenue - 362,714 362,714 - Fines, Forfeiture and Penalty Revenue - 199,449 275,390 75,941 Donations - 9,580 132,285 122,706 Sales - 306,242 815,090 508,848 Rentals - 13,700 24,201 10,501 Sponsorships - 55,766 163,223 107,456 Memberships/Registrations - 4,875 7,160 2,285 Contractual Services - 494,793 692,804 198,011 Transfers from General Fund - 441,320 441,320 - Sister City Program 14,000 14,000 14,000 - Special Events 70,000 70,000 70,000 - Economic Development QTI 18,230 18,230 18,230 - Bullet Proof Vests 30,000 30,000 30,000 - Allocation of Unassigned Fund Balance 480,000 480,000 480,000 - 1,329,860 3,357,576 4,393,324 1,035,749 Expenditures: CDBG/Home Funds 667,630 667,630 667,630 - Planning - - - - Public Safety 30,000 802,226 1,085,645 283,419 Community Development 18,230 18,230 18,230 - Social Services - 3,899 3,899 - Marine - 6,429 6,429 - Other Miscellaneous Programs 84,000 1,329,161 2,081,491 752,330 Transfer to Capital Fund 530,000 530,000 530,000 - 1,329,860 3,357,576 4,393,324 1,035,749 Revenues: HOME Investment Partnerships 283,810 283,810 283,810 - State Housing Initiatives Partnerships 699,730 699,730 699,730 - Total - HOME/SHIP Funds 983,540 983,540 983,540 - Expenditures: HOME Investment Partnerships 283,810 283,810 283,810 State Housing Initiatives Partnerships 699,730 699,730 699,730 Total - HOME/SHIP Programs 983,540 983,540 983,540 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 46 ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2016/17 47 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/07/17 Administrative Change Order #1 and final – Jeffords Street Outfall (10- 0032-EN). This change order is for final decreases, increases and adds items resulting in a net decrease to the contract. Keystone Excavators, Inc. (172,088.78) 03/14/17 Administrative Change Order #2 and final – Greenlea-Otten Neighborhood Traffic Calming & Otten Roadway & Stormwater Improvements (10-0003-EN). This change order is for adds, increases and decreases resulting in a net increase to the contract. David Nelson Construction Co. 22,602.40 05/24/17 Administrative Change Order #1 – Mango Street Outfall (13-0041-EN). This change order is for decreases, increases and adds items resulting in a net increase to the contract. Kamminga & Roodvoets Inc. 25,869.00 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9053-17 2nd rdg Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 9053-17 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2017, to reflect a net increase of $21,104,496. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 51 Ordinance No. 9053-17 ORDINANCE NO. 9053-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017, TO REFLECT A NET INCREASE OF $21,104,496 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2017 was adopted by Ordinance No. 8947-16; 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. 8947-16 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr Mid Year Original Amended Amended Budget Budget Budget 2016/17 2016/17 2016/17 Amendments Second Century Clearwater 3,652,000 3,652,000 3,652,000 - Police Protection 980,000 980,000 980,000 - Fire Protection 5,264,920 6,449,179 6,449,179 - New Street Construction - 2,223,803 2,291,784 67,981 Major Street Maintenance 3,828,420 3,828,420 3,828,420 - Sidewalk and Bike Trail 472,000 472,000 472,000 - Intersections 535,000 535,000 275,000 (260,000) Parking 611,000 611,000 611,000 - Miscellaneous Engineering 635,000 635,000 895,000 260,000 Park Development 7,077,940 7,449,824 7,784,776 334,952 Marine Facilities 635,000 635,000 642,500 7,500 Airpark Facilities 115,000 115,000 115,000 - Libraries 373,850 373,850 373,850 - Garage 8,051,400 8,051,400 8,051,400 - Maintenance of Buildings 2,330,000 2,075,000 2,075,000 - General Public City Buildings 522,800 522,800 522,800 - Miscellaneous 2,420,000 2,920,000 3,420,000 500,000 Stormwater Utility 6,034,710 6,034,710 6,034,710 - Gas System 17,524,000 17,612,796 17,612,796 - Solid Waste & Recycling 625,000 675,000 675,000 - Utilities Miscellaneous 196,950 196,950 538,950 342,000 Sewer System 17,295,110 17,344,359 26,998,374 9,654,015 Water System 86,000 86,000 10,284,048 10,198,048 TOTAL PROJECT EXPENDITURES 79,266,100 83,479,090 104,583,586 21,104,496 GENERAL SOURCES: General Operating Revenue 7,309,890 7,409,890 8,145,640 735,750 Road Millage 2,220,420 2,220,420 2,220,420 - Penny for Pinellas 12,770,060 12,790,541 12,790,541 - Multi-Modal Impact Fee 190,000 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 1,650,000 - County Fire Tax - 1,163,778 1,163,778 - Special Program Fund 530,000 546,944 546,944 - Grants - Other Agencies 180,000 2,508,440 2,576,421 67,981 Other Revenue - 303 303 - Property Owners Share - 82,654 82,654 - Other Refunds - 6,142 6,142 - Donations 100,000 (100,000) - 100,000 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2016/17 52 Ordinance # 9053-17 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2016/17 2016/17 2016/17 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2016/17 SELF SUPPORTING FUNDS: Marine Revenue 210,000 210,000 210,000 - Clearwater Harbor Marina Revenue 40,000 40,000 40,000 - Airpark Revenue 35,000 35,000 35,000 - Parking Revenue 631,000 631,000 638,500 7,500 Utility System: Water Revenue 162,500 162,500 162,500 - Sewer Revenue 7,093,850 7,093,850 7,093,850 - Water Impact Fees 24,000 24,000 24,000 - Sewer Impact Fees 12,460 12,460 12,460 - Utility R&R 5,844,550 5,844,550 5,844,550 - Stormwater Utility Revenue 6,180,430 6,180,430 6,180,430 - Gas Revenue 17,100,000 17,100,000 17,100,000 - Solid Waste Revenue 525,000 575,000 575,000 - Recycling Revenue 100,000 100,000 100,000 - Other Governmental Revenue - 64,247 64,247 - Grants - Other Agencies - - - - INTERNAL SERVICE FUNDS: General Services Revenue 75,000 170,000 170,000 - Garage Revenue 546,800 546,800 546,800 - Administrative Services Revenue 1,585,000 2,085,000 2,085,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,092,840 1,092,840 1,092,042 (798) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Parking 22,000 22,000 22,000 - Lease Purchase - Gas 424,000 424,000 424,000 - Lease Purchase - Water & Sewer 134,000 119,002 119,002 - Bond Issue - Water & Sewer 4,631,700 4,631,700 24,825,763 20,194,063 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,440,600 7,440,600 7,440,600 - Lease Purchase - Administrative Services 405,000 405,000 405,000 - TOTAL ALL FUNDING SOURCES:79,266,100 83,479,090 104,583,586 21,104,496 53 Ordinance # 9053-17 Mid Year Budget Review Fiscal Year 2016-17 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Deputy City Manager Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: May 30, 2017 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2016 through March, 2017) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $4,941,382. The General Fund expenditure increase at mid year is due to Council approved appropriations of General Fund reserves which total $4,941,382. Amendments include $107,750 to fund increased costs in the Missouri Avenue Median Beautification project; $4,265,000 to fund the purchase of the 301 Pierce Street property; $500,000 to fund the Imagine Clearwater Implementation project; and $68,632 for the Keys settlement. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2016 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $26.1 million, or 19.8% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $14.9 million. Significant amendments to other City Operating Funds are noted as follows. Mid Year Budget Review Fiscal Year 2016-17 City Manager's Transmittal Gas Fund Mid year amendments to Gas Fund expenditures reflect an increase of $166,422 . Significant amendments include a net decrease of $175,000 in personnel costs, a net decrease of $992,513 in operating costs primarily related to gas purchases, increased capital purchases which total $163,140, and an increase of $1,170,795 to transfers for the annual dividend payment to the General Fund. Amendments to Gas Fund revenues offset this expenditure increase. Solid Waste and Recycling Fund Mid year amendments to Solid Waste and Recycling Fund expenditures reflect an increase of $80,000 to fund increased hauling and processing costs for single stream recycling. Amendments increasing operating revenues in the Solid Waste and Recycling Fund more than offset this expenditure increase. Parking Fund Expenditure amendments in the Parking Fund reflect a transfer of $7,500 to the Beach Guard Facility Maintenance project to fund architectural drawings for a new guard tower to be built on north Clearwater beach. Operating revenues in the Parking Fund more than offset this budget increase. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect a net increase of $21,104,496. This increase is primarily the result of the following amendments: increase s which total $20,194,063 to bond proceed revenues in various Water and Sewer Fund projects due to the scheduled utility bond issue; transfers from General Fund reserves for $500,000 in the Imagine Clearwater Implementation project, and $107,750 in the Missouri Avenue Median Beautification project; increases in the Jack Russell Demo & Refurbishment project representing $100,000 in donation revenue and $128,000 in General Fund revenue; and an increase of $67,981 in grant funding from FDOT in the Druid Road Improvements project. All major project budget increases listed above have been previously approved by Council and are summarized on page 21. Special Program Fund The Special Program Fund reflects a net budget increase of $1,035,749 at mid year. Significant amendments include the recognition of $10,000 in grant revenues supporting the 2016 HVE Pedestrian and Bicycle Safety program; a total of $122,706 in donation revenues for Library programs and the Police Department’s Crime Prevention program; $631,912 for the special events and sponsorship program; $75,941 in fines and court proceeds to support public safety programs and the tree replacement program; and over $195,190 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2016/17 2016/17 FY 16/17 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 131,648,530 132,121,850 79,838,674 78,704,519 (1,134,155) -1%4,941,382 137,063,232 Expenditures 131,648,530 132,121,850 74,098,252 72,163,590 1,934,662 3%4,941,382 137,063,232 Utility Funds: Water & Sewer Fund Revenues 77,470,950 77,470,950 38,738,476 39,249,027 510,551 1%- 77,470,950 Expenditures 74,084,730 74,084,730 41,317,084 39,633,615 1,683,469 4%- 74,084,730 Stormwater Fund Revenues 18,100,120 18,100,120 9,049,768 9,326,587 276,819 3%- 18,100,120 Expenditures 17,653,660 17,653,660 12,075,409 11,593,794 481,615 4%- 17,653,660 Gas Fund Revenues 52,038,850 52,038,850 21,973,986 21,113,483 (860,503) -4%166,422 52,205,272 Expenditures 52,038,850 52,038,850 36,047,597 34,376,430 1,671,167 5%166,422 52,205,272 Solid Waste and Recycling Fund Revenues 24,718,850 24,718,850 12,360,426 12,893,821 533,395 4%392,200 25,111,050 Expenditures 24,536,640 24,586,640 13,008,225 11,875,721 1,132,504 9%80,000 24,666,640 Enterprise Funds: Marine Fund Revenues 4,481,480 4,481,480 2,083,612 1,892,399 (191,213) -9%- 4,481,480 Expenditures 4,223,510 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Airpark Fund Revenues 299,700 299,700 149,800 157,061 7,261 5%- 299,700 Expenditures 249,330 249,330 144,805 138,643 6,162 4%- 249,330 Clearwater Harbor Marina Fund Revenues 794,190 794,190 418,698 407,814 (10,884) -3%- 794,190 Expenditures 643,770 643,770 350,572 305,090 45,482 13%- 643,770 Parking Fund Revenues 6,593,610 6,610,588 2,816,878 3,599,710 782,832 28%- 6,610,588 Expenditures 5,125,320 5,175,320 3,084,577 2,576,664 507,913 16%7,500 5,182,820 Internal Service Funds: General Services Fund Revenues 4,884,560 4,979,560 2,442,276 2,469,675 27,399 1%- 4,979,560 Expenditures 4,884,560 4,979,560 2,680,222 2,547,464 132,758 5%- 4,979,560 Administrative Services Revenues 11,752,010 12,252,010 5,417,884 5,387,613 (30,271) -1%- 12,252,010 Expenditures 11,752,010 12,252,010 7,435,362 7,201,398 233,964 3%- 12,252,010 Garage Fund Revenues 17,484,130 17,484,130 8,515,300 7,346,043 (1,169,257) -14%- 17,484,130 Expenditures 17,484,130 17,484,130 9,130,923 7,331,394 1,799,529 20%- 17,484,130 Central Insurance Fund Revenues 25,019,590 25,019,590 12,519,804 12,064,993 (454,811) -4%- 25,019,590 Expenditures 24,856,420 24,856,420 12,457,432 9,362,601 3,094,831 25%- 24,856,420 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2016-17 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 13 Internal Service Funds Operating Budgets ................................................................................... 17 Capital Improvement Program Budget ........................................................................................ 21 Special Program Fund Budget ....................................................................................................... 40 Special Development Fund ........................................................................................................... 44 Administrative Change Orders ...................................................................................................... 47 Ordinances ..................................................................................................................................... 48 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2016 through March 31, 2017. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2017. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 29, 2016. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. 2 Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Capital Improvement Projects The amended 2016/17 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2016, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description - At mid year,local option,fuel and other taxes revenues exhibit a 11%negative variance.This is primarily related to timing of collection of business tax license revenue.No amendment is proposed until further months of revenue are available for review. Franchise Fees - At mid year,franchise fee revenues reflect a 20%negative variance primarily related to the Duke Energy fee.Revenues received for the first seven months of the year are approximately 22%lower than projections.No amendment is proposed at this time. Other Permits and Fees - At mid year,other permits and fee revenues reflect a 15% positive variance due to better than projected building/sign permit revenues. No amendment is proposed at this time. - At mid year,fines and forfeitures revenues reflect a 64% positive variance primarily due to red light camera revenue. No amendment is proposed until further months of activity are available to review. Miscellaneous - At mid year,miscellaneous revenues reflect a 15%positive variance.This is primarily due to the timing of receipt of the p- card rebate and increased rental revenues for beach umbrellas. No amendments are proposed. - At mid year,transfer in revenues reflect a 10%negative variance due to the timing of receipt of the annual gas dividend payment. No amendments are proposed. Local Option, Fuel & Other Taxes Judgments, Fines & Forfeitures City of Clearwater General Fund Revenues Mid Year Amendments FY 2016/17 Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2016/17 Mid year amendments reflect a net appropriation of $4,941,382 from General Fund reserves.Amendments represent the following allocations: 107,750 1)An allocation of $107,750 from fund reserves to capital project 315-93322,Missouri Avenue Median Beautification,to provide additional funding as approved by Council on March 13, 2017. 4,265,000 2)An allocation of $4,265,000 from fund reserves for the purchase of 301 Pierce Street as approved by the Council on April 20, 2017. 500,000 3) An appropriation of $500,000 from fund reserves to capital project 315-94892, Imagine Clearwater Implementation as approved by Council on April 25, 2017. 68,632 4) An appropriation of $68,632 from fund reserves to fund the Keys settlement as approved by the Council on May 17, 2017. 4,941,382 4,941,382 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description - At mid year,the City Manager's office reflects a 22%positive variance primarily due to the Assistant City Manager vacancy for the first few months of the year.No amendments are proposed. - At mid year,the Human Resources department reflects a 14%positive variance primarily due to salary savings from position turnover and some operating savings. - At mid year,the Marine and Aviation department reflects a 13%positive variance primarily due to lower than projected inventory purchases for resale. - Mid year amendments to Parks &Recreation expenditures reflect a net zero amendment transferring $128,000 in salary savings to capital project 315-93656,Jack Russell Demolition & Refurbishment. - At mid year,the Planning and Development department reflects a 10%positive variance primarily due to salary savings from position turnover and some operating savings. - At mid year,the Public Utilities Maintenance Facility cost center reflects a 12% positive variance primarily due to lower than projected utilities costs. City of Clearwater General Fund Expenditures Mid Year Amendments FY 2016/17 City Manager's Office Public Utilities (Maintenance Facility) Parks & Recreation Marine & Aviation Planning & Development Human Resources 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Mid Year Amendments FY 2016/17 Non-Departmental 4,333,632 Amendments to the Non-Departmental cost center reflect an increase of an increase of $4,333,632 which represents the following:1)an increase of $4,265,000 to land purchases,to fund the purchase 301 Pierce Street as approved by Council on April 20,2017;and 2)and increase of $68,632 to legal settlements to fund the Keys settlement as approved by Council on May 17, 2017. Amendments to Non-Departmental also reflect City Council approved interfund transfers of $607,750 to capital improvement projects, as follows: 107,750 1)A transfer of $107,750 from fund reserves to capital project 315-93322,Missouri Avenue Median Beautification, to provide additional funding as approved by Council on March 16, 2017. 500,000 2)A transfer of $500,000 from fund reserves to capital project 315-94892,Imagine Clearwater Implementation as approved by Council on April 25, 2017. 4,941,382 4,941,382 Net General Fund Expenditure Amendment 6 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget General Fund Revenues Ad Valorem Taxes 44,384,830 40,478,200 41,014,570 536,370 1%- 44,384,830 Utility Taxes 14,717,600 6,053,702 5,974,969 (78,733) -1%- 14,717,600 Local Option, Fuel and Other Taxes 7,100,400 3,720,132 3,305,416 (414,716) -11%- 7,100,400 Franchise Fees 10,280,100 4,335,875 3,472,274 (863,601) -20%- 10,280,100 Other Permits & Fees 2,372,250 1,186,128 1,362,850 176,722 15%- 2,372,250 Intergovernmental 23,054,960 9,065,422 9,116,039 50,617 1%- 23,054,960 Charges for Services 16,021,540 7,792,252 7,410,748 (381,504) -5%- 16,021,540 Judgments, Fines and Forfeitures 950,400 438,028 717,232 279,204 64%- 950,400 Miscellaneous Revenues 1,986,180 1,025,090 1,183,037 157,947 15%- 1,986,180 Transfers In 9,166,309 5,743,845 5,147,384 (596,461) -10%- 9,166,309 Total Revenues 130,034,569 79,838,674 78,704,519 (1,134,155) -1%- 130,034,569 Transfer (to) from Surplus 2,087,281 - - - ~4,941,382 7,028,663 Adjusted Revenues 132,121,850 79,838,674 78,704,519 (1,134,155) -1%4,941,382 137,063,232 General Fund Expenditures City Council 331,360 184,069 177,431 6,638 4%- 331,360 City Manager's Office 993,950 507,845 394,539 113,306 22%- 993,950 City Attorney's Office 1,651,920 843,384 768,557 74,827 9%- 1,651,920 City Auditor's Office 216,330 113,288 111,478 1,810 2%- 216,330 CRA Administration 395,140 213,147 205,675 7,472 4%- 395,140 Economic Development and Housing 1,706,650 1,087,003 1,027,897 59,106 5%- 1,706,650 Engineering 7,865,730 4,123,389 4,013,958 109,431 3%- 7,865,730 Finance 2,472,950 1,325,837 1,201,151 124,686 9%- 2,472,950 Fire 26,312,890 13,968,015 14,338,872 (370,857) -3%- 26,312,890 Human Resources 1,226,130 642,311 552,873 89,438 14%- 1,226,130 Library 7,219,940 3,979,596 3,830,641 148,955 4%- 7,219,940 Marine & Aviation 1,252,860 678,384 588,729 89,655 13%- 1,252,860 Non-Departmental 7,040,660 6,004,514 6,017,495 (12,981) 0%4,941,382 11,982,042 Official Records and Legislative Svcs 1,060,210 559,459 515,359 44,100 8%- 1,060,210 Parks & Recreation 25,682,620 14,765,345 14,137,402 627,943 4%- 25,682,620 Planning & Development 5,627,690 3,009,236 2,695,855 313,381 10%- 5,627,690 Police 39,781,790 21,423,286 20,943,198 480,088 2%- 39,781,790 Public Communications 997,000 527,134 516,891 10,243 2%- 997,000 Public Utilities 286,030 143,010 125,587 17,423 12%- 286,030 Total Expenditures 132,121,850 74,098,252 72,163,590 1,934,662 3%4,941,382 137,063,232 For Six Month Period of October 1, 2016- March 31, 2017 GENERAL FUND MID YEAR REVIEW 7 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 76,596,950 38,298,474 38,528,613 230,139 1%- 76,596,950 Judgments, Fines and Forfeits 271,000 135,498 148,618 13,120 10%- 271,000 Miscellaneous 603,000 304,504 487,196 182,692 60%- 603,000 Transfers In - - 84,600 84,600 ~- - Fund Equity - - - - ~- - Total Revenues 77,470,950 38,738,476 39,249,027 510,551 1%- 77,470,950 Water & Sewer Expenditures: Public Utilities Administration 1,586,550 815,853 694,195 121,658 15%- 1,586,550 Wastewater Collection 10,632,980 8,074,694 7,984,651 90,044 1%- 10,632,980 Public Utilities Maintenance 4,646,290 2,420,195 2,197,908 222,287 9%- 4,646,290 WPC / Plant Operations 19,603,910 10,741,241 10,119,707 621,534 6%- 19,603,910 WPC / Laboratory Operations 1,613,290 833,151 733,878 99,273 12%- 1,613,290 WPC / Industrial Pretreatment 955,760 498,504 551,028 (52,524) -11%- 955,760 Water Distribution 6,704,070 3,643,788 3,401,886 241,902 7%- 6,704,070 Water Supply 12,079,990 6,102,226 5,917,442 184,784 3%- 12,079,990 Reclaimed Water 2,487,730 1,300,350 1,175,182 125,168 10%- 2,487,730 Non-Departmental 13,774,160 6,887,082 6,857,739 29,343 0%- 13,774,160 Total Expenditures 74,084,730 41,317,084 39,633,615 1,683,469 4%- 74,084,730 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At mid year, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $3,386,220 for fiscal year 2016/17. No amendments are proposed to Water and Sewer Fund revenues at mid year. No amendments are proposed to Water and Sewer Fund expenditures at mid year. For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW 8 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,715,120 8,857,566 9,059,014 201,448 2%- 17,715,120 Judgments, Fines and Forfeits 50,000 25,002 37,176 12,174 49%- 50,000 Miscellaneous 335,000 167,200 230,397 63,197 38%- 335,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 18,100,120 9,049,768 9,326,587 276,819 3%- 18,100,120 Stormwater Expenditures: Stormwater Management 11,180,240 8,711,809 8,580,111 131,698 2%- 11,180,240 Stormwater Maintenance 6,473,420 3,363,600 3,013,683 349,917 10%- 6,473,420 Total Expenditures 17,653,660 12,075,409 11,593,794 481,615 4%- 17,653,660 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at mid year. No amendments are proposed to Stormwater Fund expenditures at mid year. At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $446,460 for fiscal year 2016/17. 9 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 43,261,840 21,630,936 20,693,221 (937,715) -4%(1,084,373) 42,177,467 Judgments, Fines and Forfeits 153,000 76,500 66,307 (10,193) -13%(20,000) 133,000 Miscellaneous 509,500 266,550 353,955 87,405 33%100,000 609,500 Transfers In - - - - ~- - Fund Equity 8,114,510 - - - ~1,170,795 9,285,305 Total Revenues 52,038,850 21,973,986 21,113,483 (860,503) -4%166,422 52,205,272 Gas Expenditures: Administration & Supply 22,051,990 12,066,483 10,780,946 1,285,537 11%160,268 22,212,258 South Area Gas Operations 7,694,220 4,895,547 4,824,679 70,868 1%(280) 7,693,940 North Area Gas Operations 4,941,400 3,408,636 3,090,132 318,505 9%(28,596) 4,912,804 Marketing & Sales 17,351,240 15,676,931 15,680,674 (3,743) 0%35,030 17,386,270 Total Expenditures 52,038,850 36,047,597 34,376,430 1,671,167 5%166,422 52,205,272 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:166,422 Gas Fund Expenditures:166,422 At mid year, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2016/17. At mid year,Gas Fund revenues reflect amendments which net an increase of $166,422.Amendments include the following:1) decreases totaling $1,557,373 in Gas sales due to a warmer winter;2)a decrease of $98,000 in installation and service charges to customers;3)a decrease of $20,000 to late payment fees;4)an increase of $571,000 to capitalized labor due to the increase in new construction;5)an increase of $100,000 in other refund revenue due to excise tax refund;and 6)an increase of $1,170,795 in fund reserves for the increased dividend payment to the General Fund. At mid year expenditure amendments reflect a net increase of $166,422.Amendments include:1)a net decrease of $175,000 in personnel due to savings from unfilled positions and turnover;2)a net decrease of $992,513 in operating expenses primarily related to gas purchases;3)an increase of $163,140 in capital items for the purchase of NG storage tube banks and two vehicles;and 4)increased transfers of $1,170,795 to fund the increased dividend to General Fund. 10 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,200 600 1,074 474 79%- 1,200 Charges for Service 21,285,000 10,642,500 10,953,287 310,787 3%300,000 21,585,000 Judgments, Fines and Forfeits 85,100 42,546 43,419 873 2%- 85,100 Miscellaneous 628,000 314,004 436,012 122,008 39%- 628,000 Transfers In - - - - ~- - Solid Waste Revenues 21,999,300 10,999,650 11,433,792 434,142 4%300,000 22,299,300 Recycling Revenues: Other Permits and Fees 400 198 345 147 74%- 400 Intergovernmental - - - - ~- - Charges for Service 2,015,000 1,007,502 1,062,277 54,775 5%50,000 2,065,000 Judgments, Fines and Forfeits 7,800 3,900 4,245 345 9%- 7,800 Miscellaneous 306,350 154,176 198,162 43,986 29%42,200 348,550 Transfers In 390,000 195,000 195,000 - 0%- 390,000 Recycling Revenues 2,719,550 1,360,776 1,460,029 99,253 7%92,200 2,811,750 Fund Equity - - - - ~- - Total Revenues 24,718,850 12,360,426 12,893,821 533,395 4%392,200 25,111,050 Solid Waste Expenditures: Collection 17,781,470 9,302,936 8,434,334 868,602 9%- 17,781,470 Transfer 1,668,990 931,297 904,524 26,773 3%- 1,668,990 Container Maintenance 882,670 515,614 452,489 63,125 12%- 882,670 Administration 971,150 505,376 485,904 19,472 4%- 971,150 Solid Waste Expenditures 21,304,280 11,255,223 10,277,251 977,972 9%- 21,304,280 Recycling Expenditures: Residential 1,365,860 716,710 624,446 92,264 13%- 1,365,860 Multi-Family 473,490 246,037 203,204 42,833 17%- 473,490 Commercial 1,443,010 790,255 770,819 19,436 2%80,000 1,523,010 Recycling Expenditures 3,282,360 1,753,002 1,598,469 154,533 9%80,000 3,362,360 Total Expenditures 24,586,640 13,008,225 11,875,721 1,132,504 9%80,000 24,666,640 At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $444,410 for fiscal year 2016/17. 11 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:392,200 Solid Waste and Recycling Fund Expenditures:80,000 Amendments to Solid Waste and Recycling fund revenues reflect a net increase of $392,200 at mid year.Amendments include the following:1)and increase of $300,000 to sanitation collection charge and $50,000 to recycling fees due to higher than anticipated fee generation this year;2)an increase of $35,000 in sales of recyclables due to an unexpected increase in the market value for recyclables;and 3)an increase of $7,200 in proceeds from the sale of a recycling vehicle at auction. Amendments to Solid Waste and Recycling fund expenditures reflect an increase of $80,000 to cover increased hauling and processing costs for single stream recycling. 12 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 5,000 - 895 895 ~- 5,000 Charges for Service 4,429,230 2,059,812 1,835,600 (224,212) -11%- 4,429,230 Judgments, Fines and Forfeits 3,000 1,500 1,380 (120) -8%- 3,000 Miscellaneous Revenue 44,250 22,300 54,524 32,224 145%- 44,250 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 4,481,480 2,083,612 1,892,399 (191,213) -9%- 4,481,480 Marine Expenditures: Marina Operations 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Total Expenditures 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $257,970 for fiscal year 2016/17. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW 13 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental 50,000 50,000 - (50,000) -100%- 50,000 Charges for Service 726,490 359,848 398,118 38,270 11%- 726,490 Judgments, Fines and Forfeits 1,200 600 210 (390) -65%- 1,200 Miscellaneous Revenue 16,500 8,250 9,486 1,236 15%- 16,500 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 794,190 418,698 407,814 (10,884) -3%- 794,190 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 643,770 350,572 305,090 45,482 13%- 643,770 Total Expenditures 643,770 350,572 305,090 45,482 13%- 643,770 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Mid year expenditures exhibit a 13%positive variance.This represents salary savings and lower than projected operating expenditures. No amendments are proposed at this time. At mid year, anticipated revenues of the Clearwater Harbor Marinas Fund exceed anticipated expenditures by $150,420 for fiscal year 2016/17. 14 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - - ~- - Charges for Service 14,000 7,002 8,159 1,157 17%- 14,000 Miscellaneous Revenue 285,700 142,798 148,902 6,104 4%- 285,700 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 299,700 149,800 157,061 7,261 5%- 299,700 Airpark Expenditures: Airpark Operations 249,330 144,805 138,643 6,162 4%- 249,330 Total Expenditures 249,330 144,805 138,643 6,162 4%- 249,330 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $50,370 for fiscal year 2016/17. No amendments are proposed to Airpark Fund revenues at mid year. No amendments are proposed to Airpark Fund expenditures at mid year. 15 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 5,686,610 2,375,598 2,838,092 462,494 19%- 5,686,610 Judgments, Fines and Forfeits 640,000 284,200 250,187 (34,013) -12%- 640,000 Miscellaneous Revenue 267,000 140,102 494,453 354,351 253%- 267,000 Transfers In 16,978 16,978 16,978 - 0%- 16,978 Fund Equity - - - - ~- - Total Revenues 6,610,588 2,816,878 3,599,710 782,832 28%- 6,610,588 PARKING FUND EXPENDITURES Engineering/Parking System 3,798,320 2,350,424 2,026,812 323,612 14%- 3,798,320 Engineering/Parking Enforcement 635,220 334,518 213,755 120,763 36%- 635,220 Parks & Rec/Beach Guards 741,780 399,635 336,097 63,538 16%7,500 749,280 Total Expenditures 5,175,320 3,084,577 2,576,664 507,913 16%7,500 5,182,820 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:7,500 At mid year,Parking Fund revenues exhibit a 28%positive variance due to increased parking fee revenues. Parking Fund expenditures reflect an 16%positive variance primarily due to timing of the Jolley Trolley payment and salary savings.Amendments include a transfer of $7,500 to capital project 315-93403,Beach Guard Facility Maintenance to fund architectural drawings for the new guard tower on north Clearwater beach. At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,427,768 for fiscal year 2016/17. 16 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 4,864,560 2,432,274 2,447,810 15,536 1%- 4,864,560 Miscellaneous Revenues 20,000 10,002 21,865 11,863 119%- 20,000 Transfers In - - - - ~- - Fund Equity 95,000 - - - ~- 95,000 Total Revenues 4,979,560 2,442,276 2,469,675 27,399 1%- 4,979,560 General Services Expenditures: Administration 509,470 405,202 268,099 137,103 34%- 509,470 Building & Maintenance 4,470,090 2,275,020 2,279,365 (4,345) 0%- 4,470,090 Total Expenditures 4,979,560 2,680,222 2,547,464 132,758 5%- 4,979,560 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2016/17. No amendments are proposed to General Services Fund revenues at mid year. No amendments are proposed to General Services Fund expenditures at mid year. 17 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 10,720,360 5,360,184 5,319,707 (40,477) -1%- 10,720,360 Miscellaneous Revenues 110,000 57,700 67,906 10,206 18%- 110,000 Transfers In - - - - ~- - Fund Equity 1,421,650 - - - ~- 1,421,650 Total Revenues 12,252,010 5,417,884 5,387,613 (30,271) -1%- 12,252,010 Administrative Services Expenditures: Info Tech / Admin 389,700 709,474 200,115 509,359 72%- 389,700 Info Tech / Network Svcs 3,919,880 1,981,470 2,305,897 (324,427) -16%- 3,919,880 Info Tech / Software Applications 3,541,860 2,398,869 2,367,031 31,839 1%- 3,541,860 Info Tech / Telecommunications 647,360 328,723 458,674 (129,951) -40%- 647,360 Public Comm / Courier 155,050 77,528 73,518 4,010 5%- 155,050 Clearwater Customer Service 3,598,160 1,939,298 1,796,164 143,134 7%- 3,598,160 Total Expenditures 12,252,010 7,435,362 7,201,398 233,964 3%- 12,252,010 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At mid year, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2016/17. No amendments are proposed to Administrative Services Fund revenues at mid year. No amendments are proposed to Administrative Services Fund expenditures at mid year. 18 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 16,570,810 8,285,400 6,903,718 (1,381,682) -17%- 16,570,810 Miscellaneous Revenues 440,000 229,900 442,325 212,425 92%- 440,000 Transfers In - - - - ~- - Fund Equity 473,320 - - - ~- 473,320 Total Revenues 17,484,130 8,515,300 7,346,043 (1,169,257) -14%- 17,484,130 Garage Fund Expenditures: Fleet Maintenance 15,804,300 8,238,510 6,461,834 1,776,676 22%- 15,804,300 Radio Communications 1,679,830 892,413 869,560 22,853 3%- 1,679,830 Total Expenditures 17,484,130 9,130,923 7,331,394 1,799,529 20%- 17,484,130 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2016/17. At mid year,Garage Fund revenues reflect a 14%negative variance due to lower than anticipated garage charges to departments.This decrease is offset by savings in Garage Fund expenditures. No amendments are proposed. No amendments are proposed to Garage Fund expenditures at mid year. 19 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 24,463,590 12,231,804 11,805,468 (426,336) -3%- 24,463,590 Miscellaneous Revenues 556,000 288,000 259,525 (28,475) -10%- 556,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 25,019,590 12,519,804 12,064,993 (454,811) -4%- 25,019,590 Central Insurance Expenditures: Finance / Risk Management 486,630 260,316 234,787 25,529 10%- 486,630 HR / Employee Benefits 386,280 205,348 182,896 22,452 11%- 386,280 HR / Employee Health Clinic 1,841,960 920,982 402,036 518,946 56%- 1,841,960 Non-Departmental 22,141,550 11,070,786 8,542,883 2,527,903 23%- 22,141,550 Total Expenditures 24,856,420 12,457,432 9,362,601 3,094,831 25%- 24,856,420 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at mid year. At mid year,expenditures in the Central Insurance Fund reflect a 25%positive variance primarily due to claims activity,and lower than projected expenditures to operate the employee health center. No amendments are proposed. At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $163,170 for fiscal year 2016/17. 20 CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2016/17 21 The amended 2016/17 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $21,104,496. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Northeast Plant Upgrade/Improvements 7,212,763 04/25/17 Sanitary Sewer Upgrades/Improvements 3,690,000 04/25/17 Sanitary Sewer Extensions 3,750,000 04/25/17 Groundwater Replenishment Facility 3,208,000 04/25/17 Marshall Street Upgrade/Improvements 1,875,000 04/25/17 R.O. Plant Expansion Res # 1 1,350,000 04/25/17 R.O. @ Res #2 1,000,000 04/25/17 R.O. Plant@ WTP #3 1,000,000 04/25/17 Line Relocation - Capitalized 620,000 04/25/17 Imagine Clearwater Implementation 500,000 04/25/17 Reclaimed Water Distribution System 400,000 04/25/17 Jack Russell Demo/Refurbishment 228,000 05/17/17 Devices/Equipment – Sewer Division 200,000 04/25/17 Laboratory Upgrade/Improvement 120,000 04/25/17 Missouri Avenue Median Beautification 107,750 03/16/17 East Plant Upgrade/Improvement 100,000 04/25/17 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Druid Road Improvements 1 315-92146 67,981 * To record a budget increase in the amount of $67,981.00 of FDOT Grant funding,which was approved by the City Council on May 4, 2017.67,981 Intersection Improvements 2 315-92562 (260,000) To record a budget transfer in the amount of $260,00.00 of Multi Modal Fees to project 315-92845,Clearwater Beach Transit Center.This was approved by the City Council on April 6, 2017.(260,000) Clearwater Beach Transit Center - NEW PROJECT 3 315-92845 260,000 To establish the project and record a budget transfer in the amount of $260,00.00 of Multi Modal Fees from project 315-92562,Intersection Improvements.This was approved by the City Council on April 6, 2017.260,000 Missouri Avenue Median Beautification 4 315-93322 107,750 To record a budget increase in the amount of $107,750.00 of General Fund reserves which was approved by the City Council on March 16, 2017.107,750 Beach Guard Facility Maintenance 5 315-93403 7,500 To record a budget increase in the amount of $7,500.00 of Parking Fund Revenue.The funding will provide for architectural drawings required for a new life guard tower on north Clearwater beach planned for construction in fiscal year 2018.7,500 Pier 60 Park Repair and Improvements -CLOSE PROJECT 6 315-93624 (641) To record a budget transfer in the amount $640.98 of General Fund Revenue to project 315-93633,Pier 60 Park &Beachwalk Repair &Improvements.The project is complete and will be closed.(641) Pier 60 Park & Beachwalk Repair and Improvements 7 315-93633 641 To record a budget transfer in the amount $640.98 of General Fund Revenue from project 315-93624,Pier 60 Park Repair and Improvements which will be closed.641 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Jack Russell Demo/Refurbishment 8 315-93656 228,000 To record a budget increase in the amount of $228,000.00 comprising of $100,000.00 in Donation Revenue and $128,000.00 from General Fund salary savings within the Parks &Recreation operating budget. This was approved by the City Council on May 17, 2017.228,000 Athletic Maintenance Equipment 9 316-93663 (798) * To record a budget decrease in the amount $797.70 of Lease Purchase Revenue.The equipment was purchased under budget.(798) Imagine Clearwater Implementation - NEW PROJECT 10 315-94892 500,000 To establish the project and record a budget increase in the amount of $500,00.00 of General Fund Reserves. This was approved by the City Council on April 25, 2017.500,000 Jeffords Street Outfall - CLOSE PROJECT 11 315-96177 (409,153) To record a budget transfer in the amount $409,152.76 of Stormwater Revenue to project 315-96186,Hillcrest Bypass Culvert.The Jeffords project is complete and will be closed.(409,153) Hillcrest Bypass Culvert 12 315-96186 409,153 To record a budget transfer in the amount $409,152.76 of Stormwater Revenue from project 315-96177, Jeffords Street Outfall. 409,153 WWTP Screw Pump Replacement 13 315-96202 (130,291) To record a budget transfer in the amount of $130,290.87 of Sewer Revenue to project 315-96212, Sanitary Sewer Upgrades/Improvements. 327-96202 (411,313) To record a budget transfer in the amount of $411,313.00 in Utility R&R revenue to project 327- 96218, Feasibility Studies/Evaluations - Sewer System.(541,604) 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 WWTP UV Disinfections System 14 315-96204 (357,407) To record a budget transfer in the amount of $357,406.80 of Sewer Revenue to project 315-96212, Sanitary Sewer Upgrades/Improvements. 327-96204 (342,635) To record a budget transfer in the amount of $342,635.07 in Utility R&R revenue to project 327- 96721, Water System R&R - Maintenance.(700,042) Sanitary Sewer Upgrades/Improvements -NEW PROJECT 15 315-96212 750,000 To establish the project and record a budget transfer in the amount of $749,999.67 of Sewer Revenue from the following three projects.Project number 315-96202, WWTP Screw Pump Replacement in the amount of $130,290.87;Project number 315-96204,WWTP Screw Pump Replacement,$357,406.80;Project number 315- 96611, Biosolids Treatment, $262,302.00. 382-96212 3,690,000 * To record a budget increase in the amount of $3,690,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.4,440,000 Marshall Street Upgrades/Improvements -NEW PROJECT 16 315-96213 400,000 To establish the project and record a budget transfer in the amount of $400,000.00 of Sewer Revenue from project 315-96686, Pump Station Replacement. 382-96213 1,875,000 * To record a budget increase in the amount of $1,875,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.2,275,000 East Plant Upgrades/Improvements - NEW PROJECT 17 382-96214 100,000 * To establish the project and record a budget increase in the amount of $100,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.100,000 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Northeast Plant Upgrades/Improvements -NEW PROJECT 18 315-96215 110,000 To establish the project and record a budget transfer in the amount of $110,000.00 of Water Revenue from project 315-96768 Rebate-Well,Lake,Pond Irrigation Abandonment. 315-96215 733,726 To record a budget transfer in the amount of $733,725.55 in Sewer Revenue from the following four projects:project 315-96523,Pub Utilities Adm Bldg R&R in the amount of $74,079.48;project 315-96615,Odor Control ,in the amount of $423,070.54;project 315- 96619,WWTP Generator Replacements in the amount of $235,126.53;project 315-96621,WWTP New Presses in the amount of $1,449.00. 382-96215 7,212,763 * To record a budget increase in the amount of $7,212,763.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.8,056,489 Laboratory Upgrades/Improvements - NEW PROJECT 19 315-96216 13,079 To establish the project and record a budget transfer in the amount of $13,079.25 in Sewer Revenue from project 315-96621, WWTP New Presses. 382-96216 120,000 * To record a budget increase in the amount of $120,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.133,079 Pump Station R&R - NEW PROJECT 20 327-96217 1,405,192 To establish the project and record a budget transfer in the amount of $1,405,192.15 in Utility R&R Revenue from the following five projects:Project 327-96615, Odor Control,in the amount of $37,872.47;Project 327- 96630,Sanitary Sewer Extension,in the amount of $70,835.68;Project 327-96634,Sanitary Utility Relocation,in the amount of $584,427.00;Project 327- 96645,Laboratory R&R,in the amount of $114,057.00; Project 327-96742,Line Relocation -Capitalized,in the amount of $598,000.00.1,405,192 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Feasibility Studies/Evaluations –Sewer System -NEW PROJECT 21 327-96218 1,241,641 To establish the project and record a budget transfer in the amount of $1,241,641.46 in Utility R&R Revenue from the following six projects:Project 327-96202, WWTP Screw Pump Replacement in the amount of $411,313.00;Project 327-96523,Pub Utilities Adm Bldg in the amount of $68,227.00;Project 327-96741,System R&R -Capital in the amount of $8,969.58;Project 327- 96742,Line Relocation -Capitalized,in the amount of $495,679.32;Project 327-96743,Mtr/Bkflow Prev Dev- Change in the amount of $91,012.00;Project 327-96752, Water Service Lines in the amount of $166,440.56.1,241,641 Devices/Equipments Sewer Division - NEW PROJECT 22 315-96219 485,000 To establish the project and record a budget transfer in the amount of $485,000.00 in Sewer Revenue from project 315-96611 Biosolids Treatment. 382-96219 200,000 * To establish the project and record a budget increase in the amount of $200,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.685,000 Public Utilities Adm Bldg R&R 23 315-96523 (74,079) To record a budget transfer in the amount of $74,079.48 of Sewer Revenue to project 315-96215,Northeast Plant Upgrades/Improvements. 327-96523 (68,227) To record a budget transfer in the amount of $68,227.00 in Utility R&R Revenue to project 327-96218,Feasibility Studies/Evaluations - Sewer System.(142,306) Public Utility Admin Building - NEW PROJECT 24 315-96526 484,306 To establish the project and record a budget transfer in the amount of $484,306.00 in Sewer Revenue from project 315-96654, Facilities Upgrade & Improvement.484,306 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Biosolids Treatment 25 315-96611 (747,302) To record a net budget transfer in the amount of $747,302 of Sewer Revenue to the following projects: $262,302.00 to project 315-96212,Sanitary Sewer Upgrades/Improvements;and $485,000.00 to project 315-96219, Devices/Equipments Sewer Division.(747,302) Odor Control 26 315-96615 (423,071) To record a budget transfer in the amount of $423,070.54 in Sewer Revenue to project 315-96215, Northeast Plant Upgrades/Improvements 327-96615 (37,872) To record a budget transfer in the amount of $37,872.47 in Utility R&R Revenue to project 327-96217,Pump Station R&R.(460,943) WWTP Generator Replacements 27 315-96619 (235,127) To record a budget transfer of $235,126.53 in Sewer Revenue to project 315-96215,Northeast Plant Upgrades/Improvements (235,127) WWTP New Presses 28 315-96621 (14,528) To record a net budget transfer of $14,528.25 in Sewer Revenue to the following projects:$1,449.00 to project 315-96215,Northeast Plant Upgrades/Improvements; and $13,079.25 to project 315-96216,Laboratory Upgrades/Improvements.(14,528) Sanitary Sewer Extensions 29 315-96630 (3,000,000) To record a budget transfer in the amount of $3,000,000.00 in Sewer Revenue to project 315-96773, Groundwater Replenishment Facility. 327-96630 (70,836) To record a budget transfer in the amount of $70,835.68 in Utility R&R Revenue to project 327-96217,Pump Station R&R. 382-96630 3,750,000 * To record a budget increase in the amount of $3,750,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.679,164 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Sanitary Utility Relocation 30 327-96634 (584,427) To record a budget transfer in the amount of $584,427.00 in Utility R&R Revenue to project 327- 96217, Pump Station R&R.(584,427) Laboratory R&R 31 327-96645 (114,057) To record a budget transfer in the amount of $114,057.00 in Utility R&R Revenue to project 327- 96217, Pump Station R&R.(114,057) Facilities Upgrade & Improvement 32 315-96654 (484,306) To record a budget transfer in the amount of $484,306.00 in Sewer Revenue to project 315-96526, Public Utility Admin Building. 327-96654 (1,875,440) To record a net budget transfer of $1,875,440.24 in Utility R&R Revenue to the following projects:$505,000 to project 327-96722,Line Relocation –Maintenance; $200,000 to project 327-96784,Reclaimed Water Distribution System R&R;$925,000 to project 327- 96785,Feasibility Studies/Evaluations –Water System; and $245,440.24 to project 327-96665,Sanitary Sewer R & R. 382-96654 (4,331,700) * To record a budget decrease in the amount of $4,331,700.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.(6,691,446) Water Pollution Control R&R 33 327-96664 2,000,000 To record a budget transfer in the amount of $2,000,000.00 in Utility R&R Revenue from project 327- 96741, System R &R - Capital.2,000,000 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Sanitary Sewer R&R 34 315-96665 138,973 To record a budget transfer in the amount of $138,973.27 in Sewer Revenue from project 315-96686, Pump Station Replacement. 327-96665 727,990 To record a budget transfer in the amount of $727,989.97 in Utility R&R Revenue from the following five projects:Project 327-96654,Facilities Upgrade & Improvement,in the amount of $245,440.24;Project 327-96686,Pump Station Replacement,in the amount of $64.84;Project 327-96740,Water Supply and Treatment,in the amount of $206,266.77;Project 327- 96768,Rebate-Well,Lake,Pond Irrigation Abandonment,in the amount of $50,000.00;Project 327- 96782,RO Plant @ WTP #3,in the amount of $226,218.12.866,963 Pump Station Replacement 35 315-96686 (2,138,973) To record a net budget transfer in the amount of $2,138,973.27 in Sewer Revenue to the following projects:$400,000.00 to project 315-96213,Marshall Street Upgrade/Improvements;$138,973.27 to project 315-96665 Sanitary Sewer R&R;and $1,600,000.00 to project 315-96773, Groundwater Replenishment Facility. 327-96686 (65) To record a budget transfer in the amount of $64.84 in Utility R&R Revenue to project 327-96665,Sanitary Sewer R&R.(2,139,038) Water System R&R - Maintenance 36 327-96721 342,635 To record a budget transfer in the amount of $342,635.07 in Utility R&R Revenue from project 327- 96204, WWTP UV Disinfections System.342,635 Line Relocation – Maintenance - NEW PROJECT 37 327-96722 505,000 To establish the project and record a budget transfer in the amount of $505,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement. 505,000 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Reclaimed Water Distribution System 38 315-96739 200,000 To record a budget transfer in the amount of $200,000.00 in Water Revenue from project 315-96740, Water Supply - Treatment. Reclaimed Water Distribution System 382-96739 400,000 * To record a budget increase in the amount of $400,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.600,000 Water Supply - Treatment 39 315-96740 (200,000) To record a budget transfer in the amount of $200,000 in Water Revenue to project 315-96739,Reclaimed Water Distribution System. 327-96740 (206,267) To record a budget transfer in the amount of $206,266.77 in Utility R&R Revenue to project 327- 96665, Sanitary Sewer R & R.(406,267) System R & R - Capital 40 315-96741 (22,590) To record a budget transfer in the amount of $22,589.75 in Water Revenue to project 315-96764,RO Plant Expansion Res #1. 327-96741 (2,008,970) To record a net budget transfer in the amount of $2,008,969.58 in Utility R&R Revenue to the following projects:$8,969.58 to project 327-96218,Feasibility Studies/Evaluations -Sewer System;and $2,000,000 to project 327-96664, Water Pollution Control R&R.(2,031,559) Line Relocation – Capitalized 41 327-96742 (1,093,679) To record a net budget transfer in the amount of $1,093,679.32 in Utility R&R Revenue to the following projects:$495,679.32 to project 327-96218,Feasibility Studies/Evaluations –Sewer System;and $598,000 to project 327-96217, Pump Station R&R. 382-96742 620,000 * To record a budget increase in the amount of $620,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.(473,679) 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Meter/Backflow Prev Dev/Change 42 327-96743 (91,012) To record a budget transfer in the amount of $91,012.00 in Utility R&R Revenue to project 327-96218,Feasibility Studies/Evaluations - Sewer System.(91,012) Water Service Lines 43 315-96752 (909,000) To record a budget transfer in the amount of $909,000.00 in Water Revenue to project 315-96764, RO Plant Expansion Res #1. 327-96752 (166,441) To record a budget transfer in the amount of $166,440.56 in Utility R&R Revenue to project 327- 96218, Feasibility Studies/Evaluations - Sewer System.(1,075,441) Reverse Osmosis Plant Expansion Res #1 44 315-96764 22,590 To record a budget transfer in the amount of $22,589.75 in Water Revenue from project 315-96741,System R&R - Capital. 315-96764 909,000 To record a budget transfer in the amount of $909,000.00 in Water Revenue from project 315-96752, Water Service Lines. 382-96764 1,350,000 * To record a budget increase in the amount of $1,350,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.2,281,590 Water Quality Monitoring Devices 45 315-96766 (591,745) To record a budget transfer in the amount of $591,744.78 in Water Revenue from project 315-96767, Reverse Osmosis @ Res 2.(591,745) Reverse Osmosis @ Res 2 46 315-96767 591,745 To record a budget transfer in the amount of $591,744.78 in Sewer Revenue from project 315-96766, Water Quality Monitoring Devices. 382-96767 1,000,000 * To record a budget increase in the amount of $1,00,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.1,591,745 31 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Rebate-Well, Lake, Pond Irrigation Abandonment 47 315-96768 (110,000) To record a budget transfer in the amount of $110,000.00 of Water Revenue to project 315-96215, Northeast Plant Upgrades/Improvements. 327-96768 (50,000) To record a budget transfer in the amount of $50,000.00 in Utility R&R Revenue to project 327-96665,Sanitary Sewer R & R.(160,000) Groundwater Replenishment Facility 48 315-96773 4,600,000 To record a net budget transfer in the amount of $4,600,000 in Sewer Revenue from the following projects:$3,000,000.00 from project 315-96630, Sanitary Sewer Extensions;and $1,600,000.00 from project 315-96686, Pump Station Replacement. 315-96773 2,129,301 To record a budget transfer in the amount of $2,129,301.19 in Water Revenue from project 315- 96774, Automated Meter Reading (AMR). 382-96773 3,208,000 * To record a budget increase in the amount of $3,208,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.9,937,301 Automated Meter Reading (AMR) 49 315-96774 (2,129,301) To record a budget transfer in the amount of $2,129,301.19 in Water Revenue to project 315-96773, Groundwater Replenishment Facility.(2,129,301) Reverse Osmosis Plant @WTP #3 50 327-96782 (226,218) To record a budget transfer in the amount of $226,218.12 in Utility R&R Revenue to project 327- 96665, Sanitary Sewer R & R. 382-96782 1,000,000 * To record a budget increase in the amount of $1,000,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.773,782 32 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Reclaimed Water Distribution System R&R -NEW PROJECT 51 327-96784 200,000 To establish the project and record a budget transfer in the amount of $200,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement.200,000 Feasibility Studies/Evaluations –Water System -NEW PROJECT 52 327-96785 925,000 To establish the project and record a budget transfer in the amount of $925,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement.925,000 21,104,496 (0) 21,104,496 TOTAL BUDGET INCREASE /(DECREASE) 33 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 2,845,426 1,024,930 1,605,917 214,579 91151 Police Property / Evidence Storage 75,000 75,000 75,000 75,000 - 91152 Police District 3 Sub Station 200,000 200,000 200,000 200,000 3,120,426 3,120,426 - 3,120,426 1,099,930 1,605,917 414,579 Fire Protection 91218 Fire Engine Replacement 2,170,566 2,170,566 2,170,566 2,148,018 22,548 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,907,400 1,907,400 1,907,400 1,678,496 228,904 91236 Rescue Vehicle 1,849,869 1,849,869 1,849,869 1,183,170 190,434 476,265 91253 Main Station (Fire)11,659,195 10,541,665 10,541,665 10,541,665 (0) C 91257 AED Program 174,810 174,810 174,810 119,400 55,410 91259 Radio Replacements 364,640 364,640 364,640 364,354 286 91260 Thermal Imaging Cameras 163,830 163,830 163,830 115,711 48,119 91261 Personal Protection Equipment 1,674,110 1,674,110 1,674,110 1,298,542 13,681 361,887 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634 91263 Extrication Tools 112,000 112,000 112,000 25,603 86,397 91264 Fire Hose Replacement 318,170 318,170 318,170 234,999 83,171 91268 Countryside Fire Station 3,697,910 3,932,566 3,932,566 876,332 2,784,376 271,858 91269 Clearwater Beach Fire Station 4,305,560 6,372,693 6,372,693 6,372,693 91270 Fire Station Security Cameras 350,000 350,000 350,000 250,000 100,000 91271 Fire Boat 650,000 650,000 650,000 90,987 515,311 43,702 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 4,940 95,060 Sub-Total 30,788,770 31,973,029 - 31,973,029 20,046,063 3,503,802 8,423,164 New Street Construction 92146 Druid Road Improvements 4,147,569 6,371,372 67,981 6,439,353 3,005,608 3,433,745 1 Sub-Total 4,147,569 6,371,372 67,981 6,439,353 3,005,608 - 3,433,745 Major Street Maintenance 92274 Bridge Maintenance & Improvements 9,274,480 9,274,480 9,274,480 4,100,351 881,737 4,292,392 92276 Traffic Calming Program 6,618,635 6,618,635 6,618,635 4,863,381 1,006,806 748,448 92277 Streets and Sidewalks 14,039,577 14,039,577 14,039,577 8,872,301 2,422,955 2,744,321 92278 Downtown Streetscaping 2,000,000 2,000,000 2,000,000 2,946 3,849 1,993,205 Sub-Total 31,932,692 31,932,692 - 31,932,692 17,838,979 4,315,347 9,778,366 Sidewalks and Bike Trail 92339 New Sidewalks 2,191,471 2,191,471 2,191,471 1,054,288 326,441 810,742 Sub-Total 2,191,471 2,191,471 - 2,191,471 1,054,288 326,441 810,742 Intersections 92559 City-Wide Intersection Improvement 1,086,378 1,086,378 - 1,086,378 579,600 7,491 499,287 92560 Signal Renovation 610,385 610,385 610,385 367,213 3,318 239,854 92561 New Signal Installation 402,877 402,877 402,877 218,743 184,134 92562 Intersection Improvements 2,737,017 2,737,017 (260,000) 2,477,017 19,998 2,457,019 2 Sub-Total 4,836,658 4,836,658 (260,000) 4,576,658 1,185,554 10,809 3,380,295 Parking 92650 Sand Wall Replacement on Clw Bch 421,152 421,152 421,152 368,452 3,525 49,175 92652 Parking Lot Resurfacing 1,076,633 1,076,633 1,076,633 268,157 808,476 92654 Parking Lot Improvement 1,230,357 1,230,357 1,230,357 318,491 250,708 661,158 92656 Pelican Walk Parking Garage 11,300,000 11,550,000 11,550,000 11,513,746 36,254 92657 Parking Facilities 844,909 594,909 594,909 105,723 3,590 485,596 Sub-Total 14,873,052 14,873,052 - 14,873,052 12,574,569 257,823 2,040,660 Miscellaneous Engineering 92839 Downtown Intermodal 575,000 575,000 575,000 473,889 101,111 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535 92841 Miscellaneous Engineering 263,396 263,396 263,396 81,180 182,216 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 60,837 17,215 1,371,948 92843 Survey Equipment Replacement 100,000 100,000 100,000 98,019 1,981 34 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering (continued) 92844 Centennial Monument 675,000 675,000 675,000 650,110 24,890 92845 Clearwater Beach Transit Center - - 260,000 260,000 260,000 3 Sub-Total 5,563,396 5,563,396 260,000 5,823,396 3,422,500 17,215 2,383,681 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 482,817 482,817 482,817 447,603 3,201 32,013 93205 Brighthouse Field Infrastructure Imp 1,635,345 1,667,345 1,667,345 1,654,371 (26,764) 39,738 93244 P&B Trucks 57,000 57,000 57,000 54,097 2,903 93247 Fitness Equipment Replacement 335,000 335,000 335,000 282,253 52,747 93251 Morningside Rec Ctr Replacement 5,965,000 5,965,000 5,965,000 583,773 656,668 4,724,559 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93271 Swimming Pool R&R 911,573 911,876 911,876 643,078 11,125 257,673 93272 Bicycle Paths-Bridges 4,299,196 4,403,833 4,403,833 3,360,614 39,540 1,003,679 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,440 93278 Long Center Infra Repairs 1,757,783 1,757,783 1,757,783 538,249 1,099,400 120,134 93286 Parking Lot/Bike Path Rsr/Imprv 778,506 778,506 778,506 541,116 237,390 93602 Sp Events Equip Rep & Rplcmnt 300,000 300,000 300,000 268,944 31,056 93604 Brdwlks & Docks Rep & Rplcmnt 457,000 425,000 425,000 326,981 102,478 (4,459) 93608 Miscellaneous Minor Public Art 285,543 285,543 285,543 160,903 2,250 122,390 93612 McMullen Tennis Complex 400,000 500,000 500,000 6,691 493,309 93618 Miscellaneous Park & Rec Contract 225,000 225,000 225,000 183,393 21,992 19,615 93620 Sports Field Lighting - 275,000 275,000 275,000 93623 Capitol Theatre 8,805,936 8,805,936 8,805,936 8,805,936 - C 93624 Pier 60 Park Repairs and Improvements 523,882 523,882 (641) 523,241 519,505 3,736 0 C 6 93625 Enterprise Dog Park - Phase II 400,000 0 0 0 C 93629 North Greenwood Athletic Fields 607,707 607,119 607,119 607,119 (0) C 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 865,177 4,799 227,514 93633 Pier 60 Park & Bchwlk Repair and Improv 665,000 665,000 641 665,641 477,722 16,373 171,546 7 93634 Concrete Sidewalk & Pad Repair 258,176 258,176 258,176 119,955 138,221 93635 Park Amenity Purch & Rplcmnt 422,800 422,800 422,800 369,008 1,268 52,524 93636 Tennis Court Resurfacing 230,310 230,310 230,310 225,784 4,526 93637 Playground & Fitness Purch & Rplc 562,079 562,079 562,079 345,480 5,254 211,345 93638 Fencing Replacement Program 359,664 359,664 359,664 264,556 13,318 81,790 93639 Marina Dist Boardwalk & Entry Node 756,510 756,510 756,510 266,409 277,881 212,220 93640 Bright House Repairs 1,477,486 1,477,486 1,477,486 1,468,461 9,025 93642 Phillip-Jones Restroom/Concession 220,000 236,944 236,944 144,223 12,750 79,971 93645 Joe DiMaggio Multi Field Reno 148,000 148,000 148,000 130,127 17,873 93646 Rest Rm Expan-Barefoot Bch House 401,000 401,000 401,000 275,311 13,950 111,739 93647 Crest Lk Pk Veterans War Memorial 400,000 400,000 400,000 391,866 1,500 6,634 93648 Moccasin Lake Park Master Plan 600,000 700,000 700,000 28,760 91,110 580,130 93649 Jack Russell Scoreboard & ADA 198,000 98,000 98,000 80,011 5,201 12,788 93650 Crest Lake Park Improvements 1,100,000 1,100,000 1,100,000 26,708 71,010 1,002,282 93651 EC Moore 8 & 9 Renovations/Press Box 680,000 679,902 679,902 679,902 0 C 93652 Countryside Plex Restroom/Concession 950,000 1,050,000 1,050,000 1,050,000 93653 Countryside Community Park Reno 100,000 100,000 100,000 100,000 93654 Recreation Centers Infrastructure Repairs 150,000 150,000 150,000 18,744 131,256 93655 J.D. Sports Complex Multipurpose Fields 1,750,000 1,485,924 1,485,924 10,188 105,968 1,369,768 93656 Jack Russell Demo & Refurbish 394,118 278,880 228,000 506,880 260,564 17,630 228,686 8 93657 Mini Bobcat Loader & Trailer 35,000 35,000 35,000 35,000 - C 93658 Cooper's Point Park Improvements - - - - C 93660 Sid Lickton Batting Tunnels 100,000 100,000 100,000 119,498 1,031 (20,529) 93661 Frank Tack Parking Lot 399,500 399,500 399,500 399,500 93662 Administration Vehicle 21,000 21,000 21,000 21,000 - C 93663 Athletic Maintenance Equipment 52,840 52,840 (798) 52,042 52,042 0 9 93664 Jack Russell Athletic Office - 555,000 555,000 397,050 137,408 20,542 Sub-Total 42,393,210 42,765,094 227,202 42,992,296 26,542,439 2,708,821 13,741,036 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Beautification 93322 Missouri Ave Median Beautification 389,500 389,500 107,750 497,250 104,487 370,543 22,220 4 Sub-Total 389,500 389,500 107,750 497,250 104,487 370,543 22,220 Marine Facilities 93403 Beach Guard Facility Maint 180,000 180,000 7,500 187,500 178,184 9,316 5 93410 Clwr Harbor Marina Maintenance 140,000 140,000 140,000 104,064 11,650 24,286 93412 City-wide Seawall Replacement 1,881,000 1,881,000 1,881,000 1,128,670 135,252 617,078 93415 Waterway Maintenance 285,000 285,000 285,000 141,885 280 142,835 93418 Utilities Services Replacement 307,714 307,714 307,714 124,843 182,871 93419 Dock Replacement & Repair 141,727 141,727 141,727 90,066 3,983 47,678 93420 Fuel System R & R 92,752 92,752 92,752 84,019 3,749 4,984 93421 Marine Facilities Dredging & Maint 108,715 108,715 108,715 69,514 39,201 93422 Dredging of City Waterways 746,204 746,204 746,204 491,352 46,032 208,820 93425 Seminole Boat Ramp Improvements 1,752,000 1,752,000 1,752,000 - 1,752,000 93495 Dock Construction 24,858 24,858 24,858 24,858 0 C 93497 Docks & Seawalls 936,085 936,085 936,085 552,272 383,813 93499 Pier 60/Sailing Center Maint 321,952 321,952 321,952 266,626 55,326 Sub-Total 6,918,006 6,918,006 7,500 6,925,506 3,256,353 200,946 3,468,207 Airpark 94817 Airpark Maint & Repair 179,000 179,000 179,000 170,381 8,619 94882 Rehabilitation of Hanger "D"625,000 625,000 625,000 625,000 - Sub-Total 804,000 804,000 - 804,000 795,381 - 8,619 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,482,383 314,218 93528 Countryside Library Renovation 7,480,111 7,480,111 7,480,111 7,433,242 34,496 12,373 93529 Main Library Entryway Improve 130,000 130,000 130,000 130,000 - C 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,147,261 543,378 559,361 93531 No. Greenwood Library Child Discovery 27,600 27,600 27,600 27,503 97 93532 Library Maker Space Maint. & Upgrade 112,980 112,980 112,980 30,491 46,146 36,343 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 29,397 3,400 266,053 93534 Library FF&E Repair & Replace 50,000 50,000 50,000 17,601 32,399 Sub-Total 22,146,142 22,146,142 - 22,146,142 20,252,774 672,524 1,220,844 Garage 94233 Motorized Equip-Cash II 1,494,856 1,494,856 1,494,856 1,427,268 67,588 94238 Police Vehicles 2,680,001 2,680,001 2,680,001 2,256,884 423,117 94241 Motorized Equipment Replace - L/P 30,488,992 30,488,992 30,488,992 22,170,772 3,979,986 4,338,234 94243 Radio P25 Upgrade 4,676,108 4,676,108 4,676,108 3,565,547 1,110,561 94244 Misc Vehicle Additions 104,000 104,000 104,000 99,135 4,865 94245 Fleet Industrial Fans 80,000 80,000 80,000 73,074 6,926 94246 Fleet Management & Mapping 320,000 320,000 320,000 320,000 Sub-Total 39,843,957 39,843,957 - 39,843,957 29,519,606 4,053,060 6,271,291 Maintenance of Buildings 94510 Air Cond Replace-City Wide 3,228,538 3,288,538 3,288,538 2,669,991 29,060 589,487 94512 Roof Repairs 745,345 745,345 745,345 651,132 94,213 94514 Roof Replacements 2,630,352 2,630,352 2,630,352 1,588,412 38,680 1,003,260 94517 Painting of Facilities 1,142,720 1,142,720 1,142,720 753,887 388,833 94518 Fencing of Facilities 174,811 174,811 174,811 126,100 17,029 31,682 94519 Flooring for Facilities 1,343,952 1,343,952 1,343,952 984,031 14,253 345,668 94521 Elevator Refurbish/Modernization 524,722 524,722 524,722 250,826 13,320 260,576 94528 Light Replacement & Repair 729,931 454,931 454,931 297,308 157,623 94530 Building Systems 380,000 340,000 340,000 111,044 228,956 94531 M.S.B. Renovations 100,000 1,160,885 1,160,885 8,400 1,152,485 94532 New A/C System Chiller 600,000 600,000 600,000 600,000 94533 General Services R&R 75,000 75,000 75,000 75,000 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 90,275 90,275 90,275 0 C 94626 Public Works Complex 632,800 632,800 632,800 74,220 25,552 533,028 Sub-Total 14,409,331 14,154,331 .14,154,331 7,666,373 137,894 6,350,064 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 3,056,478 3,056,478 3,056,478 2,581,387 475,091 94736 Geographic Information Sys 1,102,726 1,102,726 1,102,726 1,024,206 78,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 573,658 573,658 573,658 244,249 329,409 94803 Environmental Assmt & Clean-up 1,090,964 1,090,964 1,090,964 715,793 375,171 94814 Network Infra & Server Upgrade 3,685,057 3,685,057 3,685,057 3,237,962 6,093 441,002 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 460,000 460,000 460,000 354,604 105,396 94827 Telecommunications Upgrade 529,000 529,000 529,000 334,953 10,665 183,382 94828 Financial Systems Upgrades 2,576,628 2,576,628 2,576,628 371,074 1,840,883 364,671 94829 CIS Upgrades / Replacement 947,376 947,376 947,376 360,403 586,973 94830 MS Licensing / Upgrades 875,000 875,000 875,000 507,132 367,868 94833 Computer Monitors 380,000 380,000 380,000 338,439 41,561 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 387,578 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 176,655 323,041 304 94857 Accela Permitting & Code Enforce 350,000 350,000 350,000 90,906 259,094 94861 Library Technology 1,250,000 1,250,000 1,250,000 935,634 314,366 94873 Citywide Camera System 260,000 260,000 260,000 118,298 141,702 94874 City Enterprise Timekeeping System 235,000 235,000 235,000 161,897 25,805 47,298 94878 Asset Management Upgrade 180,000 180,000 180,000 18,391 13,029 148,580 94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 92,067 12,933 94880 Granicus Agenda Management Sys 85,000 85,000 85,000 41,136 43,864 94883 Business Process Review & Improve 450,000 450,000 450,000 114,647 335,353 94886 Clearwater Airpark Masterplan Update 150,000 150,000 150,000 150,000 94888 City EOC & Disaster Recovery Facility 360,000 360,000 360,000 360,000 94890 Enterprise Advanced Audio Video R&R - 500,000 500,000 453,000 47,000 94892 Imagine Clearwater Implementation - - 500,000 500,000 500,000 10 Sub-Total 20,491,887 20,991,887 500,000 21,491,887 12,816,263 2,219,516 6,456,108 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 20,752,929 20,752,929 20,752,929 14,840,137 2,906,435 3,006,357 96129 Stevenson Creek Estuary Restoration 6,287,225 6,287,225 6,287,225 6,284,388 2,837 96164 Allen's Creek Improvement Projects 2,848,173 2,848,173 2,848,173 813,122 1,944,017 91,034 96168 Stormwater System Expansion 2,651,649 2,651,649 2,651,649 1,058,846 453 1,592,350 96169 Stevenson Creek 6,543,372 4,834,388 4,834,388 3,228,089 341,390 1,264,909 96170 Coastal Basin Projects 4,935,414 4,935,414 4,935,414 3,465,648 257,749 1,212,017 96173 Alligator Creek Watershed Projects 4,292,740 4,292,740 4,292,740 1,467,334 50,700 2,774,706 96177 Jeffords Street Outfall 1,764,722 1,764,722 (409,153) 1,355,569 1,355,569 173,797 (173,797) 11 96178 Smallwood Circle 1,781,686 1,781,686 1,781,686 1,781,686 0 C 96180 Stormwater Maint St Sweeping Fac 2,323,408 2,323,408 2,323,408 337,654 1,785,754 200,000 96184 Magnolia Drive Outfall 3,400,000 3,400,000 3,400,000 1,713,019 1,598,831 88,150 96186 Hillcrest Bypass Culvert 3,900,000 3,900,000 409,153 4,309,153 212,986 42,705 4,053,462 12 96187 Mango Outfall 1,800,000 1,800,000 1,800,000 598,272 413,039 788,689 96188 East Gateway Improvements 3,573,522 5,282,506 5,282,506 323,004 4,659,609 299,893 96189 Dump Trailer 60,000 60,000 60,000 44,984 15,016 96190 Roll Off Truck 230,000 230,000 230,000 226,808 3,192 96191 Stormwater Vehicle 30,000 30,000 30,000 30,000 - C Sub-Total 67,174,840 67,174,840 (0) 67,174,840 37,781,546 14,174,479 15,218,815 37 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R - Maintenance 4,606,799 4,606,799 342,635 4,949,434 2,682,186 265,784 2,001,464 36 96722 Line Relocation - Maintenance - - 505,000 505,000 505,000 37 96739 Reclaimed Water Dist Sys 65,071,459 63,071,459 600,000 63,671,459 62,070,117 967,088 634,254 38 96740 Water Supply/Treatment 5,870,430 5,870,430 (406,267) 5,464,163 5,352,198 111,965 0 39 96741 System R & R-Capitalized 10,836,996 10,836,996 (2,031,559) 8,805,437 8,798,233 7,203 1 40 96742 Line Relocation-Capitalized 13,964,486 15,964,486 (473,679) 15,490,807 11,624,958 3,108,380 757,469 41 96743 Mtr Bkflow Prev Dev/Change Out 4,184,046 4,184,046 (91,012) 4,093,034 3,976,531 116,503 42 96744 System Expansion 2,333,673 2,633,673 2,633,673 2,397,921 71,925 163,827 96752 Water Service Lines 5,042,119 4,742,119 (1,075,441) 3,666,678 3,658,440 8,238 0 43 96764 RO Plant Exp Res #1 16,865,751 16,865,751 2,281,590 19,147,341 16,090,704 742,057 2,314,580 44 96766 Water Quality Monitoring Devices 600,000 600,000 (591,745) 8,255 8,255 0 45 96767 RO Plant at Res #2 44,701,876 44,701,876 1,591,745 46,293,621 43,619,130 203,556 2,470,935 46 96768 Rebate Well, Lk, Pnd Irr Abandmt 275,000 275,000 (160,000) 115,000 111,728 3,272 47 96773 Groundwater Replenishment Facility 8,177,867 8,177,867 9,937,301 18,115,168 4,319,035 1,564,785 12,231,348 48 96774 Automated Meter Reading 2,300,000 2,300,000 (2,129,301) 170,699 170,699 (0) 49 96775 Arsenic Treatment WTP #3 1,359,420 133,202 133,202 133,202 (0) C 96780 Valve Turner Maintenance Trailer 57,884 57,884 57,884 57,884 0 C 96781 Compact Track Loader 62,000 62,000 62,000 48,523 13,477 96782 Reverse Osmosis Plant @WTP #3 - 1,226,218 773,782 2,000,000 862,100 1,137,900 50 96784 Reclaimed Water Distribution System R&R - - 200,000 200,000 200,000 51 96785 Feasibility Studies/Evaluations - Water System - - 925,000 925,000 925,000 52 Sub-Total 186,309,806 186,309,806 10,198,049 196,507,855 165,119,744 7,913,081 23,475,030 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 4,803,480 (541,604) 4,261,876 4,261,876 (0) 13 96204 WWTP UV Disinfections System 1,567,586 1,567,586 (700,042) 867,544 867,544 (0) 14 96209 Maintenance Vehicle 109,000 94,002 94,002 94,002 - C 96211 Godwin Diesel Pump 72,000 72,000 72,000 69,833 2,167 96212 Sanitary Sewer Upgrades/Improvements - - 4,440,000 4,440,000 69,833 4,370,167 15 96213 Marshall Street Upgrades/Improvements - - 2,275,000 2,275,000 2,275,000 16 96214 East Plant Upgrades/Improvements - - 100,000 100,000 100,000 17 96215 Northeast Plant Upgrades/Improvements - - 8,056,489 8,056,489 8,056,489 18 96216 Laboratory Upgrade/Improvements - - 133,079 133,079 133,079 19 96217 Pump Station R&R - - 1,405,192 1,405,192 1,405,192 20 96218 Feasibility Studies/Evaluations - - 1,241,641 1,241,641 1,241,641 21 96219 Devices/Equipment Sewer Division - - 685,000 685,000 685,000 22 96611 Bio-Solids Treatment 9,227,732 9,227,732 (747,302) 8,480,430 7,859,993 46,370 574,067 23 96615 Odor Control 2,567,094 2,567,094 (460,943) 2,106,151 1,971,665 134,486 (0) 25 96619 WWTP Generator Replacements 4,411,383 4,411,383 (235,127) 4,176,256 4,176,257 (0) 25 96621 WWTP New Presses 3,402,580 3,402,580 (14,528) 3,388,052 3,388,052 (0) 26 96630 Sanitary Sewer Extension 16,179,556 16,179,556 679,164 16,858,720 10,808,820 152,283 5,897,617 27 96634 Sanitary Util Reloc Accmmdtn 7,216,813 11,533,916 (584,427) 10,949,489 4,962,309 5,596,144 391,036 28 96645 Laboratory Upgrade & R&R 2,104,959 2,104,959 (114,057) 1,990,902 1,878,560 14,310 98,032 29 96654 Facilities Upgrade & Improvement 27,468,778 27,839,479 (6,691,446) 21,148,033 18,105,987 1,958,309 1,083,737 30 96664 WPC R & R 29,154,544 29,154,544 2,000,000 31,154,544 21,773,260 1,878,079 7,503,205 31 96665 Sanitary Sewer R&R 37,402,389 33,085,286 866,963 33,952,249 27,738,063 3,159,098 3,055,088 32 96666 WWTP East Bypass & NE Pump 2,586,522 2,325,971 2,325,971 2,325,971 0 C 96686 Pump Station Replacement 19,776,977 19,776,977 (2,139,038) 17,637,939 16,202,963 1,115,534 319,442 33 Sub-Total 168,097,295 168,146,544 9,654,015 177,800,559 126,554,988 14,054,613 37,190,958 38 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,334,794 2,334,794 2,334,794 1,519,224 122,334 693,236 96365 Line Relocation-Pinellas Maint 934,106 734,106 734,106 516,403 71,751 145,952 96367 Gas Meter Change Out-Pinellas 3,435,000 3,435,000 3,435,000 3,276,649 158,351 96374 Line Relocation-Pinellas Capitalized 2,781,944 2,781,944 2,781,944 2,280,133 501,811 96376 Line Relocation - Pasco Maint 308,593 208,593 208,593 84,756 123,837 96377 Pinellas New Main / Service Lines 28,449,544 28,478,764 28,478,764 27,315,785 21,831 1,141,148 96378 Pasco New Mains / Service Lines 13,855,830 13,864,858 13,864,858 11,601,770 367,499 1,895,589 96379 Pasco Gas Meter Change Out 717,821 717,821 717,821 634,636 83,185 96381 Line Reloc-Pasco-Capitalized 226,192 68,791 68,791 57,152 11,639 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 135,732 96384 Gas Building Renovation 14,349,675 14,349,675 14,349,675 1,019,432 1,037,490 12,292,753 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,186,506 371,339 96386 Expanded Energy Conservation 6,038,014 6,539,822 6,539,822 5,526,551 1,013,271 96387 Natural Gas Vehicle 4,553,867 4,560,009 4,560,009 3,704,069 855,940 96389 Future IMS Software & Hardware 300,000 300,000 300,000 179,206 95,980 24,814 96390 Ford Trucks 394,000 394,000 394,000 212,113 42,771 139,116 96391 Gas System Pasco Building 2,000,000 2,000,000 2,000,000 2,000,000 96392 Gas Equipment Additions 191,000 191,000 191,000 189,278 1,722 Sub-Total 83,420,224 83,509,020 - 83,509,020 60,159,931 1,759,656 21,589,433 Solid Waste 96426 Facility R & R 2,402,608 2,402,608 2,402,608 1,673,746 29,234 699,628 96443 Res Container Acquisition-II 1,751,741 1,751,741 1,751,741 1,285,464 466,277 96444 Comm Container Acquisition-II 3,490,020 3,540,020 3,540,020 2,722,409 11,650 805,961 96445 Solar Trash & Recycling Kiosks 239,414 239,414 239,414 189,414 50,000 96447 S.W.Transfer Station Rebuild 1,000,000 1,000,000 1,000,000 750,641 249,359 96448 Solid Waste CNG Station 150,000 150,000 150,000 150,000 Sub-Total 9,033,783 9,083,783 - 9,083,783 6,621,674 40,884 2,421,225 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 1,001,134 1,001,134 (142,306) 858,828 679,335 97,716 81,777 23 96526 Public Utility Admin Building - - 484,306 484,306 484,306 24 Sub-Total 1,160,667 1,160,667 342,000 1,502,667 830,931 97,716 574,020 Recycling 96804 Recycling Carts/Dumpsters 1,036,650 1,036,650 1,036,650 698,517 338,133 96805 Recycling Expansion/Particip/R&R 1,291,525 1,291,525 1,291,525 886,870 404,655 96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 1,000,000 112,552 2,350 885,098 Sub-Total 3,328,175 3,328,175 - 3,328,175 1,697,939 2,350 1,627,886 TOTAL ALL PROJECTS 764,706,209 768,919,199 21,104,496 790,023,695 561,279,039 58,443,437 170,301,219 39 Special Program Fund Mid Year Budget Amendments October 1, 2016 - March 31, 2017 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Police Extra Duty 1 99215 184,427 (4,634) To record a budget increase of $184,427 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $4,633.50 in Police Service revenue to program 181-99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 179,794 2016 HVE Pedestrian & Bicycle Safety 2 99218 10,000 To record a budget increase of $10,000 in grant revenue from the USF Center for Urban Transportation Research as approved by Council on April 6, 2017. 10,000 Police Education Fund 3 99317 7,136 To record a budget increase of $7,136.04 in police education fine revenue which will bring the budget in line with actual receipts.7,136 Investigative Cost Recovery 4 99329 37,587 To record a net budget increase of $37,586.61 which will bring the budget in line with actual receipts.Amendments include an increase of $10,762.92 in overtime reimbursement revenues,and an increase of $26,823.69 in fines,forfeitures and penalties revenue.37,587 Florida Contraband Forfeiture Fund 5 99330 39,269 (30,000) To record a net budget increase of $39,269.36 in fines, forfeitures and penalties revenue which will bring the budget in line with actual receipts. To record a transfer of $30,000 in fines,forfeitures and penalties revenue to 181-99356, Safe Neighborhood Program.9,269 Vehicle Replacement 6 99350 4,634 To record a transfer of $4,633.50 in police services revenue from 181-99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 4,634 Safe Neighborhood Program 7 99356 30,000 To record a transfer of $30,000 in fines,forfeitures,and penalties revenue from program 181-99330,Florida Contraband Forfeiture Fund.30,000 Crime Prevention Program 8 99364 5,000 To record a budget increase of $5,000 in donation revenue to bring the budget in line with actual receipts. 5,000 Public Safety Program Totals:283,419 - 283,419 40 Special Program Fund Mid Year Budget Amendments October 1, 2016 - March 31, 2017 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs: Clark-Turner Trust (Library) - NEW PROGRAM 9 98608 105,020 To establish the program and record a budget increase of $105,020.22 in donation revenues from the estate of Geraldine Clark-Turner. 105,020 Special Events 10 99865 631,912 To record a budget increase of $631,911.92;representing increases of $10,501.41 in rental income,$107,456.20 in sponsorship revenue,$2,285.00 in memberships and registrations, $508,848.21 in sales revenue,and $2,821.10 in reimbursements, which will bring the budget in line with actual receipts for the quarter. 631,912 Library Special Account 11 99910 12,685 To record a budget increase of $12,685.36 in donation revenue to bring the budget in line with actual receipts.12,685 Tree Replacement Program 12 99970 2,712 To record a budget increase of $2,712.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.2,712 Miscellaneous Programs Total:752,330 - 752,330 1,035,749 - 1,035,749 Total Budget Increase/(Decrease): 41 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2016 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99207 Bulletproof Vests 225,000 225,000 - 225,000 182,511 15,586 26,903 99209 Clearwater Cold Case Team 2014 30,671 30,671 - 30,671 30,671 - 99212 AmeriCorps Clearwater 2015 232,440 232,440 - 232,440 205,719 26,721 99214 2015 HVE Ped and Bicycle Safety 29,943 29,929 - 29,929 29,929 - (0) 99215 Police Extra Duty 822,056 1,096,677 179,794 1,276,470 1,144,517 - 131,953 1 99216 FCASV - ESARP Program 4,985 4,985 - 4,985 3,464 - 1,521 99217 2016 JAG Grant (Tablets)- 51,192 - 51,192 50,908 24 260 99218 2016 HVE Ped & Bicycle Safety - 40,000 10,000 50,000 35,565 - 14,435 2 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 69,295 - 17,705 99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,150 - 763 99264 School Resource Officers 2,182,103 2,504,576 - 2,504,576 2,331,223 - 173,353 99279 Police Recruitments 68,282 71,010 - 71,010 59,150 - 11,860 99281 Fed Forfeitures - Treasury 170,217 170,878 - 170,878 120,171 - 50,707 99316 Police Volunteers 132,179 139,090 - 139,090 127,468 - 11,622 99317 Police Education Fund 1,270,850 1,283,215 7,136 1,290,351 1,220,409 - 69,942 3 99329 Investigative Recovery Costs 2,150,606 2,212,782 37,587 2,250,369 1,898,477 - 351,892 4 99330 FL Contraband Forfeiture Fnd 1,035,137 1,020,147 9,269 1,029,416 646,312 - 383,104 5 99331 Law Enforcement Trust Fund 2,673,065 2,613,426 - 2,613,426 2,575,120 - 38,306 99350 Vehicle Replacement Fund 286,732 298,462 4,634 303,095 111,217 - 191,878 6 99356 Safe Neighborhood Program 874,053 924,053 30,000 954,053 840,377 - 113,676 7 99364 Crime Prevention Program 69,599 73,596 5,000 78,596 62,304 - 16,292 8 99387 Federal Forfeiture Sharing 2,117,862 2,125,878 - 2,125,878 1,602,473 84,820 438,585 Sub-Total 14,468,692 15,240,918 283,419 15,524,337 13,352,430 100,430 2,071,477 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99737 Public Facilities 2014 180,000 180,000 - 180,000 173,200 - 6,800 99744 Economic Development Incentives 292,500 292,500 - 292,500 262,500 - 30,000 99745 Public Facilities 2015 173,712 173,712 - 173,712 150,000 - 23,712 99752 Public Facilities 2016 499,972 499,972 - 499,972 344,931 134,200 20,841 99753 Economic Development 2016 10,000 10,000 - 10,000 - - 10,000 99754 Housing Rehab 2016 529,282 529,282 - 529,282 266,094 - 263,188 99755 Program Administration 2016 136,251 136,251 - 136,251 148,305 4,248 (16,302) 99756 Relocation/Demolition 2016 51,970 51,970 - 51,970 - - 51,970 99757 Infill Housing 2016 151,056 151,056 - 151,056 28,313 - 122,743 99758 Public Services 2016 121,000 121,000 - 121,000 121,654 130 (784) 99759 Public Facilities 2017 368,560 368,560 - 368,560 - 244,360 124,200 99760 Economic Development 2017 4,802 4,802 - 4,802 - - 4,802 99761 Public Services 2017 100,145 100,145 - 100,145 36,038 64,392 (285) 99762 Program Administration 2017 133,527 133,527 - 133,527 - - 133,527 99763 Housing Rehab 2017 60,600 60,600 - 60,600 570 8,961 51,069 99888 ULI Report Implementation 875,000 875,000 - 875,000 502,074 54,695 318,231 Sub-Total 3,803,377 3,803,377 - 3,803,377 2,083,013 510,986 1,209,378 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 433,552 437,451 - 437,451 163,019 - 274,432 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 Sub-Total 463,552 467,451 - 467,451 190,619 - 276,832 42 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2016 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 705,856 712,285 - 712,285 709,313 2,972 (0) Sub-Total 705,856 712,285 - 712,285 709,313 2,972 (0) MISCELLANEOUS PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 5,453 - 4,547 98602 Branding Roll-Out 400,000 400,000 - 400,000 8,589 - 391,411 98603 Common Heritage Grang (NEH)11,188 11,188 - 11,188 10,309 - 879 98604 2016 Clearwater Ferry 79,300 519,120 - 519,120 267,372 - 251,748 98605 2016 Jolley Troller Sumer Pilot 51,330 51,330 - 51,330 51,330 - - 98606 Senior Citizens Services - EBWP - 15,000 - 15,000 9,368 - 5,632 98607 Senior Citizens Services - Trips - 6,000 - 6,000 - - 6,000 98608 Clark-Turner Trust (Library)- - 105,020 105,020 - - 105,020 9 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 7,580 9,080 - 9,080 7,970 - 1,110 99846 Economic Development - QTI 103,959 103,959 - 103,959 60,866 - 43,093 99860 Strategic Direction Action Plan 300,000 300,000 - 300,000 300,000 - - 99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192 99865 Special Events 5,876,826 6,285,545 631,912 6,917,457 6,569,273 129,732 218,452 10 99867 Centennial Celebration 150,000 150,000 - 150,000 150,000 - - 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 192,060 192,060 - 192,060 170,736 - 21,324 99871 State Brownfields Redevelopment Acct 165,454 165,463 - 165,463 165,463 - 0 99872 Coordinated Child Care - Ross Norton 1,497,582 1,859,373 - 1,859,373 1,103,331 - 756,042 99910 Library Special Account 785,352 790,633 12,685 803,318 776,057 9,169 18,092 11 99925 Peg Access Support 838,261 838,261 - 838,261 826,972 - 11,289 99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 156,794 154,619 - 154,619 133,261 - 21,358 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,446,000 1,455,216 2,712 1,457,928 810,213 25,708 622,007 12 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 Sub-Total 19,391,676 20,636,837 752,330 21,389,167 15,478,570 164,609 5,745,988 TOTAL ALL PROJECTS 39,122,653 41,150,368 1,035,749 42,186,117 31,964,330 778,997 9,442,790 43 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2016/17 Increase/ (Decrease)Description Revenues At mid-year,no amendments are needed to Special Program Fund revenues. -$ Net Revenue Amendments Expenditures At mid-year,no amendments are needed to Special Program Fund expenditures. -$ Net Expenditure Amendments 44 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2016 - March 31, 2017 Third Quarter: October 1, 2016 - June 30, 2017 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2016/17 2016/17 2016/17 Amendments Revenues: Ad Valorem Taxes 2,220,420 2,220,420 2,220,420 - Infrastructure Tax 10,442,200 10,442,200 10,442,200 - Interest Earnings 575,000 575,000 575,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,535,350 1,535,350 1,535,350 - Allocation of Assigned Fund Balance 3,206,150 3,206,150 3,206,150 - Transfer-In from Capital Improvement Plan - 9,259 9,259 - 18,249,120 18,258,379 18,258,379 - Expenditures: Transfer to Capital Improvement Fund Road Millage 2,220,420 2,220,420 2,220,420 - Infrastructure Tax 12,770,060 12,770,060 12,770,060 - Multi-Modal Impact fees 190,000 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 1,650,000 - Infrastructure Tax - Debt on Internal Loans 763,640 763,640 763,640 - 17,594,120 17,594,120 17,594,120 - SPECIAL DEVELOPMENT FUND 45 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2016 - March 31, 2017 Third Quarter: October 1, 2016 - June 30, 2017 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2016/17 2016/17 2016/17 Amendments Revenues: CDBG/Home Funds 667,630 667,630 667,630 - Interest Earnings 50,000 77,100 77,100 - Grant Funds - 112,177 122,177 10,000 Other Governmental Revenue - 362,714 362,714 - Fines, Forfeiture and Penalty Revenue - 199,449 275,390 75,941 Donations - 9,580 132,285 122,706 Sales - 306,242 815,090 508,848 Rentals - 13,700 24,201 10,501 Sponsorships - 55,766 163,223 107,456 Memberships/Registrations - 4,875 7,160 2,285 Contractual Services - 494,793 692,804 198,011 Transfers from General Fund - 441,320 441,320 - Sister City Program 14,000 14,000 14,000 - Special Events 70,000 70,000 70,000 - Economic Development QTI 18,230 18,230 18,230 - Bullet Proof Vests 30,000 30,000 30,000 - Allocation of Unassigned Fund Balance 480,000 480,000 480,000 - 1,329,860 3,357,576 4,393,324 1,035,749 Expenditures: CDBG/Home Funds 667,630 667,630 667,630 - Planning - - - - Public Safety 30,000 802,226 1,085,645 283,419 Community Development 18,230 18,230 18,230 - Social Services - 3,899 3,899 - Marine - 6,429 6,429 - Other Miscellaneous Programs 84,000 1,329,161 2,081,491 752,330 Transfer to Capital Fund 530,000 530,000 530,000 - 1,329,860 3,357,576 4,393,324 1,035,749 Revenues: HOME Investment Partnerships 283,810 283,810 283,810 - State Housing Initiatives Partnerships 699,730 699,730 699,730 - Total - HOME/SHIP Funds 983,540 983,540 983,540 - Expenditures: HOME Investment Partnerships 283,810 283,810 283,810 State Housing Initiatives Partnerships 699,730 699,730 699,730 Total - HOME/SHIP Programs 983,540 983,540 983,540 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 46 ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2016/17 47 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/07/17 Administrative Change Order #1 and final – Jeffords Street Outfall (10- 0032-EN). This change order is for final decreases, increases and adds items resulting in a net decrease to the contract. Keystone Excavators, Inc. (172,088.78) 03/14/17 Administrative Change Order #2 and final – Greenlea-Otten Neighborhood Traffic Calming & Otten Roadway & Stormwater Improvements (10-0003-EN). This change order is for adds, increases and decreases resulting in a net increase to the contract. David Nelson Construction Co. 22,602.40 05/24/17 Administrative Change Order #1 – Mango Street Outfall (13-0041-EN). This change order is for decreases, increases and adds items resulting in a net increase to the contract. Kamminga & Roodvoets Inc. 25,869.00 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3627 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Parking in Residential Yards - Councilmember Jonson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 DSCN4832.JPG 05/08/2017 DSCN4838.JPG 05/08/2017 DSCN4839.JPG 05/08/2017 DSCN4842.JPG 05/08/2017 DSCN4846.JPG 05/08/2017 DSCN4860.JPG 05/08/2017 DSCN4870.JPG 05/09/2017 DSCN4876.JPG 05/09/2017 DSCN4889.JPG 05/09/2017 DSCN4894.JPG 05/09/2017 DSCN4898.JPG 05/09/2017 DSCN4903.JPG 05/09/2017 DSCN5065.JPG 05/12/2017 DSCN5082.JPG 05/15/2017 DSCN5281.JPG 05/22/2017 DSCN5339.JPG 05/24/2017 DSCN5343.JPG 05/24/2017 DSCN5348.JPG 05/24/2017 DSCN5376.JPG 05/24/2017 DSCN5381.JPG 05/24/2017 DSCN5588.JPG 05/30/2017 DSCN5597.JPG 05/30/2017 DSCN5863.JPG 06/10/2017 DSCN5887.JPG 06/10/2017 DSCN5888.JPG 06/10/2017 DSCN5889.JPG 06/10/2017 DSCN5893.JPG 06/10/2017 DSCN5894.JPG 06/10/2017 DSCN5897.JPG 06/10/2017 DSCN5905.JPG 06/10/2017 DSCN5907.JPG 06/10/2017 DSCN5908.JPG 06/10/2017 DSCN5910.JPG 06/10/2017 DSCN5924.JPG 06/10/2017 DSCN5925.JPG 06/10/2017 DSCN5937.JPG 06/10/2017 DSCN5938.JPG 06/10/2017 DSCN5940.JPG 06/10/2017 DSCN5942.JPG 06/10/2017 DSCN5944.JPG 06/10/2017 DSCN5945.JPG 06/10/2017 DSCN5971.JPG 06/10/2017 DSCN5972.JPG 06/10/2017 DSCN5977.JPG 06/10/2017 DSCN5979.JPG 06/10/2017 DSCN5986.JPG 06/10/2017 DSCN5987.JPG 06/10/2017 DSCN6004.JPG 06/10/2017 DSCN6007.JPG 06/10/2017 DSCN6008.JPG 06/10/2017 DSCN6349.JPG 06/27/2017 DSCN6356.JPG 06/27/2017 DSCN6389.JPG 06/27/2017 DSCN6429.JPG 06/27/2017 DSCN6433.JPG 06/27/2017 DSCN6435.JPG 06/27/2017 DSCN6449.JPG 06/27/2017 DSCN6453.JPG 06/27/2017 DSCN6456.JPG 06/27/2017 DSCN6464.JPG 06/28/2017 06/10/2017 10:59:5906/10/2017 10:59:591307 1/2 Roosevelt Ave 2017-06-10 10:59:59 Code Condition 3 -1407 cases open between 6/1/16 and 6/27/17 Condition Count spread amoung the 745 total cases Case Statuses Fiscal Year 2016 2017 Grand Total Active City Remediated Court - In Compliance Court - In Violation Courtesy Phase In Code Board In Court Liens Accruing MCEB - In Compliance MCEB - In Violation MCEB - Withdrawn MCEB - Declaration of Violation Monitoring No Violation Owner Complied Parking Ticket Issued Received Resolved Under Investigation Voluntary Compliance 5 96 1 4 1 1 2 1 8 1 1 5 2 3 4 2 1 1 3 2 5 11 14 2 2 1 2 1 198 276 4 30 55 101 1 5 3 1 8 2 7 7 2 1 4 7 25 4 3 1 474 4 85 Total Cases 265 480 745 Code Conditions Conditions I Parking - 3- 1407.A.1.a. - Boat in ROW Parking - 3- 1407.A.1.b. - Hauling Trailer in ROW Parking - 3- 1407.A.1.c. - RV in ROW Parking - 3- 1407.A.1.d. - Commercial Vehicle in ROW Parking - 3- 1407.A.1.e. - Race Car, Dune Buggy, ATV, in ROW Parking - 3- 1407.A.1.f. - Off-Road Vehicle in ROW Parking - 3- 1407.A.2.a. - Boat Parking - 3- 1407.A.2.b.. - Boat Trailer Between Structure and ROW Parking - 3- 1407.A.2.c. - Hauling Trailer Parking - 3- 1407.A.2.d. - RV Parking - 3- 1407.A.2.e. - Commercial Vehicle Parking - 3- 1407.A.2.f. - Race Car, Dune Buggy, ATV, Etc. Parking - 3- 1407.A.3.a. - Boat Not Screened by Fence Parking - 3- 1407.A.3.b. - Boat Trailer Not Screened by Fence Parking - 3- 1407.A.3.c. - Hauling Trailer Not Screened by Fence Parking - 3- 1407.A.3.d. - RV Not Screened by Fence Parking - 3- 1407.A.3.e. - Non - Street Vehicle Not Screened by Fence Parking - 3- 1407.A.4.a. - Commercial Vehicles In Residential Areas Parking - 3- 1407.A.4.b. - Large Vehicles in Res Areas Parking - 3- 1407.A.5. - Res Grass Parking Parking - 3- 1407.A.7. - Parking on Unpaved Area Prohibited Parking - 3- 1407.B.1. - Exceptions - Commercial Vehicles Parking - 3- 1407.B.2. - Exceptions- Loading, unloading, or cleaning of vehicles Parking - 3- 1407 -A.2 - Vehicle Between Structure and ROW Parking - 3- 1407- A.2.f. - Off -Road Vehicle 27 140 42 29 1 2 53 38 214 79 44 2 48 39 201 75 4 46 27 336 283 7 1 84 1 TOTALS 1823 3• DEVELOPMENT STANDARDS § 3 -1407 3. Exceptions: Exceptions to the above loading requirements may be permitted, pursuant to the processing and approval of a Level 1 (Flexible Standard) or Level 2 (Flexible Development) application, and based upon the size of the site and the timing and frequency of deliveries. B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back -up into the public street system. 1. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 2. Drive -thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 3. Drive -thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: One Two 8 12 Three Each Additional Lane 18 2 Additional Spaces 4. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Ord. No. 6526 -00, § 1, 6- 15 -00; Ord. No. 7631 -06, § 5, 11 -2 -06; Ord. No. 8043 -09, § 30, 9 -3 -09; Ord. No. 8715 -15, § 14, 6- 18 -15; Ord. No. 8810 -16, § 16, 1- 21 -16) Section 3 -1407. Parking restrictions in residential areas. A. Restrictions. For the dual purpose of preserv- ing attractive residential areas within the city and promoting safe unimpeded traffic circula- tion throughout such neighborhoods, the follow- ing parking restrictions shall apply except as provided in paragraph B of this section: 1. Within street right -of -way. The following vehicles shall not be parked or stored on any public right -of -way in a residential zoning district or on any right -of -way contiguous to a residentially zoned property: a. Any boat or boat trailer; b. Any hauling trailer; c. Any of the following recreational vehicles: travel trailers, motor homes and camping trailers; d. Any commercial vehicle. Supp. No. 38 CD3:59 e. Any race car, dune buggy, farm equip- ment, go kart, ATV, or other similar vehicle not designated for street operation. 2. Between principal structure and right -of- way. The following vehicles shall not be parked or stored, in whole or in part, in a front setback and/or forward of the build- ing line of the principal structure and any right -of -way line in a residential zoning district up to a maximum of two frontages: a. Boat in excess of 20 feet; b. Any boat trailer in excess of 25 feet total length or in excess of five feet longer than any boat occupying the trailer; c. Hauling trailer; d. Recreational vehicles, travel trail- ers, motor homes and camping trail- ers. 11 3 -1407 COMMUNITY DEVELOPMENT CODE e. Any commercial vehicle which measures in excess of 20 feet in total chassis and body length, seven feet in total width or seven feet in total height, including appurtenances, equipment and cargo. f. Any race car, dune buggy, farm equip- ment, go kart, ATV, or other similar vehicle not designated for street operation. 3. Parking in the side or rear setback. The following vehicles may be parked or stored, in whole or in part, in a side or rear setback behind the front building line of the principal structure in a residential Supp. No. 38 CD3:60 DEVELOPMENT STANDARDS zoning district provided such vehicles are screened with a six -foot high solid fence, wall or hedge: a. Boat in excess of 20 feet; b. Boat trailer in excess of 25 feet; c. Hauling trailer; d. Recreation vehicles, trailers, motor homes and camping trailers; and e. Any race car, dune buggy, farm equip- ment, go kart, ATV, or other similar vehicle not designated for street op- eration. 4. Large vehicles. The following vehicles shall be not be parked or stored in any residen- tial zoning districts: a. Commercial vehicles measuring in excess of 20 feet in total chassis and body length, seven feet in total width or seven feet in total height, includ- ing appurtenances, equipment and cargo are prohibited; and b. Semi - tractor trailer, semi - tractor cab or any garbage truck, pump -out truck, chemical truck, gasoline truck, fuel oil truck or similar vehicle designed to transport wastes or hazardous or noxious materials. 5. Exception to prohibition of parking on unpaved areas on single - family and du- plex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated park- ing space can not be maintained as a grass area and is either reported by neigh- boring residents as a detrimental prop- erty or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, con- crete, turf block or asphalt. Materials not permitted include crushed shell, mulch, millings or similar material. Supp. No. 37 3 -1409 7. Parking on unpaved area prohibited. No parking, displaying, or storing of vehicles, trailers and/or boats shall be permitted on any grass surface or other unpaved area zoned for any use unless specifically au- thorized in this section. B. Exception. 1. Commercial vehicles during the actual performance of a service at the premises where the vehicle is parked. 2. Loading, unloading, or cleaning of vehi- cles, but not including semitrailer trucks or cabs, provided such activity is fully completed within 24 hours and provided such activity does not occur at the same location more than two times per month. 3. Emergency vehicles. Ord. No. 6526 -00, § 1, 6- 15 -00; Ord. No. 6595 -00, 6, 9 -7 -00; Ord. No. 6928 -02, §§ 65 -70, 5 -2 -02; Ord. No. 7605 -06, § 26, 4- 20 -06; Ord. No. 7835 -07, 17, 1- 17 -08; Ord. No. 8211 -10, § 10, 10 -5 -10) Section 3 -1408. Parking restrictions in com- mercial areas. Commercial trucks, semi - tractor trailers, cabs and other commercial vehicles shall be permitted to be parked or stored on commercial property only if such vehicles are associated with the property on which they are located. Ord. No. 6526 -00, § 1, 6- 15 -00) Section 3 -1409. Handicapped parking spaces. A. All new or expanded uses shall be provided with handicapped parking spaces based upon the number of spaces required to serve the new or expanded use, as follows: Total Spaces Required in Parking Lot Number of Handicapped Spaces 1 -25 1 26-50 2 51 -75 3 76-100 4 101 -150 5 CD3:61 3 -1409 COMMUNITY DEVELOPMENT CODE 151 -200 6 201 -300 7 301 -400 8 401 -500 9 501 -1,000 2 percent of total Over 1,000 20 plus 1 for each 100 over 1,000 All handicapped parking spaces shall be con- spicuously outlined in blue paint and posted and maintained with permanent above -grade signs of a color and design consistent with standards established by the Florida Department of Trans- portation, bearing the international symbol of accessibility and the caption "PARKING BY DIS- ABLED PERMIT ONLY". The required number of handicapped parking spaces shall be included in the total number of parking spaces required for the new or expanded use. All handicapped park- ing spaces shall be designed and located in accor- dance with the standards set forth in F.S. 316.1955(3), as may be amended from time to time. B. For those properties that are currently de- veloped, but are not in compliance with the above requirements, the number of off- street parking spaces may be reduced below the quantity which would otherwise be required pursuant to Article 2 as part of a Level One (minimum standard) ap- proval in order to achieve compliance with Sec- tion 3- 1409.A., above. Under no circumstances shall the number of off - street parking spaces being reduced be greater than the minimum nec- essary to achieve compliance. Supp. No. 37 CD3:62 3 -1402 COMMUNITY DEVELOPMENT CODE day to receive, park and deliver the automobiles of occupants, tenants, custom- ers and visitors on a permanent basis. The design of this valet parking must meet all other requirements of this sec- tion with the following exceptions: 1. Parking spaces need not be delineated with pavement marking; however stall and aisle dimensions shall be depicted on the site plan; and 2. Parking stall dimensions shall be a minimum of eight and one -half feet wide and 16 feet deep with a maximum stacking of two vehicles: and 3. Parking spaces may be provided within the drive -aisle of the valet parking area so long as they are located on only one side of the drive - aisle. Ord. No. 7449 -05, § 19, 12- 15 -05; Ord. No. 7631 -06, § 4, 11 -2 -06; Ord. No. 8043 -09, § 29, 9 -3 -09; Ord. No. 8540 -14, § 9, 4 -3 -14) Section 3 -1403. Parking lot surfaces. A. Permanent surface. Except as otherwise permitted in subsection (B) of this section, all unenclosed parking lots, spaces, vehicular access - ways and driveways shall be improved with a permanent all- weather paving material which is graded to drain stormwater. B. Grass surface. 1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass or other unpaved area unless specifically authorized in this section. 2. Eighty -five percent of parking required for places of worship, outdoor recreational facilities and other uses as determined by the community development coordina- tor may have a durable grass or other permeable surface. 3. Community gardens may provide park- ing spaces on the grass, provided that the grass parking areas are clearly identi- fied, dedicated and maintained in a clean and un- deteriorated manner. 4. All surface parking spaces provided in excess of the minimum required pursu- ant to Article 2 may be surfaced with reinforced grass or other permeable surface as approved by the City Engineer. However, all vehicular accessways and driveways for these excess parking spaces shall be improved in a manner consistent with Section 3- 1403.A. 5. The city manager or the community development coordinator may permit parking on the grass or other permeable surface for public purpose needs, includ- ing reducing stormwater impacts. 6. Any grass parking areas must be a minimum of ten feet from any tree. Ord. No. 6526 -00, § 1, 6- 15 -00; Ord. No. 6928- 02, §§ 63, 64, 5 -2 -02; Ord. No. 7605 -06, § 25, 4- 20 -06; Ord. No. 8654 -15, § 22, 2 -5 -15; Ord. No. 8931 -16, § 17, 9 -1 -16) Section 3 -1404. Off - street parking spaces. A. Location. All required offstreet parking spaces shall be located within 600 feet of the principal and accessory uses they serve. B. Striping. All paved parking spaces, other than those located in driveways and serving detached dwellings or two attached dwellings, shall be marked by painted lines. If a parking lot serves a use which generates 2,500 or more vehicle trips a day, such parking spaces shall be marked by white thermoplastic lines. C. Availability. All required parking spaces, including appropriate access thereto, shall remain unobstructed and available for use in accordance with their purpose. D. Required number of spaces. The required number of parking spaces for each use is set out for each use in each zoning district in Article 2 of this Development Code or in this division. When the determination of the number of required offstreet parking spaces results in a requirement of a fractional space, any fraction less than Supp. No. 39 CD3:56 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3684 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Florida League of Cities Policy Committee - Councilmember Jonson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 3.2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1021, Engrossed 1 2017 Legislature 151 natural gas transmission companies as defined in s. 368.103(4), 152 on construction, maintenance, and development work performed by 153 their employees, which work, including, but not limited to, work 154 on bridges, roads, streets, highways, or railroads, i3 155 incidental t thcir business. The board shall define, by rule, 156 the term "incidental to thcir business" for purp 303 f this 157 subsccti n. 158 Section 3. Subsection (20) is added to section 553.79, 159 Florida Statutes, to read: 160 553.79 Permits; applications; issuance; inspections. - 161 (20)(a) ±A political subdivision of this state may not 162 adopt or enforce any ordinance or impose anANPuilding pert or,mN 163 other development order requirement that: 164 1. Contains any building, construction, or aesthetic 165 requirement or condition that conflicts with or impairs 166 corporate trademarks, service marks, trade dress, logos, color 167 patterns, design scheme insignia, image standards, or other 168 features of corporate branding identity on real property or 169 improvements thereon used in activities conducted under chapter 170 526 or in carrying out business activities defined as a 171 franchise by Federal Trade Commission regulations in 16 C.F.R. 172 ss. 436.1, et. seq.; or 173 2. Imposes any requirement on the design, construction or 174 location of signage advertising the retail price of gasoline in 175 accordance with the requirements of ss. 526.111 and 526.121 Page 7 of 37 CODING: Words stricken are deletions; words underlined are additions. hb1021 04 er /N VP F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 ENROLLED CS /CS /HB 1021, Engrossed 1 2017 Legislature which prevents the signage from being clearly visible and legible to drivers of approaching motor vehicles from a vantage point on any lane of traffic in either direction on a roadway abutting the gas station premises and meets height, width, and spacing standards for Series C, D, or E signs, as applicable, published in the latest edition of Standard Alphabets for Highway Signs published by the United States Department of Commerce, Bureau of Public Roads, Office of Highway Safety. b) This subsection does not affect any requirement for design and construction in the Florida Building Code. c) All such ordinances and requirements are hereby preempted and superseded by general law. This subsection shall apply retroactively. d) This subsection does not apply to property located in a designated historic district. Section 4. Section 468.603, Florida Statutes, is reordered and amended to read: 468.603 Definitions. —As used in this part: 2)(1) "Building code administrator" or "building official" means any of those employees of municipal or county, governments, or any person contracted, with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, Page 8 of 37 CODING: Words stricken- are deletions; words underlined are additions. hb1021 -04 -er Here's when I-Drive's pedestrian bridge may begin construction Richard Bilbao Apr 13, 2016, 4:01pm EDT A conceptual rendering of the proposed I -Drive bridge. The pedestrian bridge helping tourists cross the intersection of International Drive and Sand Lake Road is on a five -year plan, but it could be competed sooner. Featured Jobs That's the sentiment from Orange County Planner Alberto Varga% who has been one of the county's point people in helping bring the project to reality. Specifically, Vargas said the best timeline for the bridge would be to have it coincide with the development of other projects on the corridor, including the Skyplex entertainment center, slated to open \` in 2019, and ongoing road improvements to Sand Lake Road that crew 7/17/17, 10:42 AM https://www.biziournals.conljorlanoo/Diegi2016/U4ine:e s- r z -s- pedestrian- bridge may begin.html Page 1 of 3 scheduled to happened around the same time. If they can all happen simultaneously, that would be the best solution for the gateway, for the district and for the timing of the beginning renaissance of I- Drive," he told Orlando Business Journal. "This bridge starts with being the solution for improved safety pedestrian crossing and has the potential to be the beginning catalyst for more investment like that." Plus, having the project timed to begin at the same time will help shorten the construction timeline for both tourists and businesses along the corridor, he said. Being able to do that — despite having a short time period chock full of construction — would be best and can finally help that top end of the south portion of International Drive come alive while all the hype from new developments like Skyplex draw more people to the corridor. Technically, the county still has the bridge as part of a five -year plan, as there are still questions related to the project — most notably, the funding. A meeting between various parties on April 11 estimated the bridge cost as little as $20 million to upward of $60 million, depending on the level of sophistication and design. However, Vargas said the collaboration he's seeing between the various property owners on the corner show that it's entirely possible to see a bridge sooner than the county has planned. Related Content Home of the Day https:// www. bizjournals .com /orlando /blog/2016/04 /here -s- when -i- drive -s- pedestrian- bridge -- may- begin.html 7/17/17, 10:42 AM Page 2 of 3 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3649 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: SEDA's Water Quality Person of the Year SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3687 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: City Council Agenda Number: 17.2 SUBJECT/RECOMMENDATION: July Service Awards SUMMARY: Employee of the Month APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3619 Agenda Date: 7/17/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.3 SUBJECT/RECOMMENDATION: Recycling Perks - Katrina Miller, Recycling Specialist SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2017 Recycling Perks Incentive Program Enrolled residents recycle on normal collection day and automatically receive points for recycling in Perks account. Use points for rewards from local retailers. Redeem rewards on computer or smartphone. Entered contract on Sept. 10, 2015. Two, one year options to renew available to the City, at the City’s sole discretion. You Recycle, We Reward Program launched January 2016 7,898 Clearwater Perks members (as of 6/30/17) 28.21% of Clearwater households 109 Clearwater area partners Contest/ Giveaways (2 iPad, $1k, $100, $1k airfare) New RP Local Representative August 2016 - Marybeth Dunn 2017- Give Back Campaign Provide funding to local charities Two types of give back campaigns Educate communities about organizations and groups Must be a 501 (c)(3) - 501 (c)(4) Must achieve at least $50 in donations Give Back Campaign 1. A reward is created for your non-profit on the Recycling Perks site and is available for an entire month. -Each redemption is a $2 donation for every 20 points redeemed from eligible local Recycling Perks members. 2. A custom web address along with a custom QR code is created for your non-profit organization. - Recycling Perks awards your non-profit $5 for each unique and eligible new Recycling Perks sign-up received via your customized landing page. 2017 Goals Participate in Clearwater special events. Grow Perks members to 50% of households. Continue adding Clearwater businesses as partners. Target market to lower participating neighborhoods to encourage recycling and Recycling Perks. Looking forward to continued success and continuing to grow the program. Continue to focus on educating residents through Perks program. Questions?