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04/04/2023Tuesday, April 4, 2023 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda April 4, 2023City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received by 5:00 p.m. the day before the meeting (April 3) will become part of the official record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (April 3) will become part of the official record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Mayor’s Challenge Presentation - Dunedin Mayor Julie Ward Bujalski and Vince Gizzi Director of Parks & Recreation 4.2 Fair Housing Month Proclamation - April 2023 4.3 Drew Street Update and Requested Letter of Support - Kevin Lee and Brian Shoyer, FDOT 5. Approval of Minutes 5.1 Approve the minutes of the March 16, 2023 city council meeting as submitted in written summation by the City Clerk. Page 2 City of Clearwater Printed on 4/3/2023 April 4, 2023City Council Meeting Agenda 6. Citizens to be heard re items not on the agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Continue to April 20, 2023: Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Commercial (C) District for a portion of property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9662-23 on first reading. (REZ2022-11007). 7.2 Continue to April 20, 2023: Approve a Future Land Use Map Amendment from the Residential Urban (RU) category to the Commercial General (CG) category for a portion of property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9666-23 on first reading. (LUP2023-01001) 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9643-23 on second reading, making amendments to the Community Development Code Article 2, Article 3, Article 4, Article 8 and Appendix C. 8.2 Adopt Ordinance 9649-23 on second reading, conditionally vacating a portion of a 70-foot-wide right-of-way lying west of Lots 72-76, Lloyd-White-Skinner Subdivision as recorded in Plat Book 13, Pages 12-13 of the Public Records of Pinellas County, Florida, subject to certain conditions. 8.3 Adopt Ordinance 9653-23 on second reading, annexing certain real property whose post office address is 1754 West Manor Avenue, Clearwater, Florida 33765 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 3 City of Clearwater Printed on 4/3/2023 April 4, 2023City Council Meeting Agenda 8.4 Adopt Ordinance 9654-23 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1754 West Manor Avenue, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Low (RL). 8.5 Adopt Ordinance 9655-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1754 West Manor Avenue, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.6 Adopt Ordinance 9656-23 on second reading, annexing certain real property whose post office address is 1719 Owen Drive, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.7 Adopt Ordinance 9657-23 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1719 Owen Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water/Drainage Feature Overlay. 8.8 Adopt Ordinance 9658-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1719 Owen Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.9 Adopt Ordinance 9667-23 on second reading, vacating a portion of a platted drainage and utility easement located on Lot 1, Block F, Northwood Estates - Tract F, according to the map or plat thereof as recorded in Plat Book 77, Pages 46-47 of the public records of Pinellas County, Florida. 8.10 Adopt Ordinance 9671-23 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2023 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Solid Waste & Recycling Fund, and Parking Fund. 8.11 Adopt Ordinance 9672-23 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2023 to reflect an increase of $3,674,281. 8.12 Continue to April 20, 2023: Adopt Ordinance 9637-23 on second reading, amending the Comprehensive Plan by modifying the Utilities Element, updating provisions related to potable water and natural ground water aquifer recharge needs. Page 4 City of Clearwater Printed on 4/3/2023 April 4, 2023City Council Meeting Agenda 8.13 Continue to April 20, 2023: Adopt Ordinance 9662-23 on second reading, amending the Zoning Atlas of the city by rezoning a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Low Medium Density Residential (LMDR) to Commercial (C). 8.14 Continue to April 20, 2023: Adopt Ordinance 9666-23 on second reading, amending the future land use element of the Comprehensive Plan to change the land use designation for a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Residential Urban (RU) to Commercial General (CG). 9. City Manager Reports 9.1 Continue to April 20, 2023: Approve purchase contract between the City of Clearwater and Habitat for Humanity of Pinellas County, Inc./Clearwater Neighborhood Housing Services, Inc. for real property located at 1454 South Martin Luther King Jr. Avenue and authorize appropriate officials to execute same. 9.2 Approve Supplemental Work Order 2 to Terracon Consultants, Inc of Olathe, KS to provide Brownfield Assessment Grant Services in an amount not to exceed $220,000.00, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. 9.3 Continue to April 20, 2023: Approve the Federally-Funded Subaward and Grant Agreement for public assistance support for Hurricane Ian expenditures and grant authority to the City Manager or designee to enter into, approve, and execute same and future modifications for Hurricane Ian expenditures. 9.4 Authorize a purchase order to Hewlett-Packard Enterprise, of Spring, TX, for the equipment lease of desktops, laptops, and tablet computers in an amount not-to-exceed $700,000.00 for the term of March 1, 2023 through July 31, 2023, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. 9.5 Approve a 3-year maintenance schedule and contract to Tyler Technologies, Inc. of Yarmouth, ME in a not to exceed amount of $1,564,250.00 for maintenance and support fees for Munis Financials, Human Capital Management software and Tyler Systems Management pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical) and authorize the appropriate officials to execute same. 9.6 Appoint an individual to the Brownfields Advisory Board with a term to expire April 4, 2027. Page 5 City of Clearwater Printed on 4/3/2023 April 4, 2023City Council Meeting Agenda 9.7 Appoint an individual to the Community Development Board for an unexpired term through March 2, 2027. 9.8 Elect a Councilmember to serve as Vice Mayor. 9.9 Recycling Update 9.10 Review of City’s Financial Condition 10. City Attorney Reports 10.1 Approve a two-year funding agreement with PSTA for Jolley Trolley beach route and authorize the appropriate officials to execute same. 10.2 Approve a nonbinding definition of antisemitism, directing city staff to familiarize themselves with this definition and corresponding reference materials and incorporate their usage where appropriate and adopt Resolution 23-05. 10.3 Approve an employment agreement with Jennifer Poirrier appointing her as City Manager and authorize appropriate officials to execute same. 10.4 Provide staff direction on amphitheater sponsorship. 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0347 Agenda Date: 4/4/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Mayor’s Challenge Presentation - Dunedin Mayor Julie Ward Bujalski and Vince Gizzi Director of Parks & Recreation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0341 Agenda Date: 4/4/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Fair Housing Month Proclamation - April 2023 SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0402 Agenda Date: 4/4/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Drew Street Update and Requested Letter of Support - Kevin Lee and Brian Shoyer, FDOT SUMMARY: In 2016, residents living on or near Drew Street petitioned the City to pursue a complete streets grant study for the Drew Street Corridor. Upon successful completion of that initial study, subsequent additionally detailed analysis was performed. The ultimate result was a completed Florida Department of Transportation (FDOT), District Seven, Drew Street Complete Street Corridor Study. This study reviewed the technical feasibility of providing complete street treatments on Drew Street (State Road 590) from N. Osceola Avenue to N. Keene Road. The result of this work calls for repurposing two of the four existing travel lanes, improve safety for all users, and provide multimodal options. FDOT District 7 is now in the process of preparing a Lane Repurposing Report for the complete street improvements. This report will be submitted to FDOT headquarters in Tallahassee for their review and potential approval. For that purpose, FDOT District 7 is requesting letters of support for the project from the City of Clearwater, Forward Pinellas, and Pinellas County to include in the application. The purpose of this item is to request City Council approval of a letter supporting the lane reduction application. Page 1 City of Clearwater Printed on 4/3/2023 April 4, 2023 David Gwynn Florida Department of Transportation, District Seven 11201 N McKinley Drive Tampa, Florida 33612-6403 Subject: Lane repurposing on Drew Street As Mayor and on behalf of the City of Clearwater, I respectfully submit this letter in support of lane repurposing on Drew Street, from N. Osceola Avenue to N. Keene Road. The lane repurposing, as part of the proposed improvements, is designed to improve safety in the Drew Street corridor. We look forward to next steps in the project, including review of design concepts and participating in public meetings to further gauge community support and concerns with the proposed design. I expect your planning process will include a robust public participation component. It is important that our citizens are aware of and have the opportunity to provide input on such a critical project. The City of Clearwater strongly supports regional transportation and mobility as critical to its preeminent position as an international tourist destination and fundamental to our economic success and quality of life. Therefore, the City of Clearwater supports the lane repurposing on Drew Street, from N. Osceola Avenue to N. Keene Road and looks forward to continued collaboration with FDOT on this priority project and other District Seven projects. Sincerely, XX, Mayor March 8, 2023 Brian L. Shroyer Multimodal Project Manager Florida Department of Transportation, District Seven 11201 North McKinley Drive Tampa, FL 33612 RE: Support for Drew Street/SR 590 Lane Repurposing and Complete Street Design Dear Mr. Shroyer: Forward Pinellas, in its role as the Pinellas County Metropolitan Planning Organization, is proud to offer this letter of support for the Florida Department of Transportation’s Lane Repurposing Report for the Drew Street Complete Street Design. The project is a Forward Pinellas priority resulting from its Complete Streets Program and supports the Safe Streets Pinellas Vision Zero Action Plan. The concept plan and proposed design is consistent with the Advantage Pinellas 2045 Long Range Transportation Plan (LRTP). The western portion of Drew Street designated as State Road 590 from N. Osceola Avenue to Keene Road is a substandard, unsafe, inefficient roadway that divides residential neighborhoods and is a barrier to accessing destinations in downtown Clearwater and along the roadway itself. From 2020 through 2022, this section had more than 500 crashes, averaging about 170 per year, with more than 60 crashes involving injury, many severe, and one fatality. A safety analysis revealed that average travel speeds are well above the posted 35 and 40 mph limits. As a result of a request from surrounding neighborhoods, the City of Clearwater applied for and received a grant from Forward Pinellas in 2017 for funding to develop a concept plan for the roadway with extensive public engagement. Upon completion of the planning effort, the Clearwater City Council approved the concept plan and Forward Pinellas placed the project on its priority list and secured funding from the Department to conduct a feasibility study and advance project design and construction phases into the State’s Five-Year Work Program. We are excited to see this safe, accessible roadway transformation occur. The proposed lane repurposing would bring the roadway up to a functional standard consistent with its land use context, accommodating the needs of all users to travel along and across the roadway. Going from a 4-lane undivided roadway to a 2-lane divided roadway with dedicated left turn lanes, additional protected crosswalks, bike lanes and wide sidewalks, depending on the section, will result in safer multimodal access, fewer crashes, and reduced speeding. With the addition of coordinated signal timing through the Advanced Traffic Management System, we are confident that Drew Street will move traffic more efficiently and safely after lane repurposing. This is a well-conceived multimodal transportation safety project that demonstrates our shared commitment to complete streets, safety and mobility on our transportation network. Thank you for your partnership and commitment to the needs of our Pinellas County communities. Sincerely, Whit Blanton, FAICP Executive Director cc: Forward Pinellas Board Summary of progress on FDOT Drew Street corridor improvements, 3/23/23 FDOT progress: 2/17/22 – City Council passed Res 22-07 to request FDOT to limit safety concerns on Drew St by lowering speed limit from Saturn to Myrtle. FDOT placed speed reduction signs Myrtle to Betty Lane in early May 2022 in a portion of the corridor, as requested in resolution No 22-07. 9/14/22 – Cardno selected as design firm, Jason Yam is the design PM for Cardno, and the Kevin Lee is the design PM for FDOT. FDOT planning consultant (WGI) was asked to do more analysis including lane repurposing and Intersection Control Evaluation (ICE) analysis, so the design is slowed down a bit. There are a couple of new signals planned, at Hillcrest and N Lake Dr. 2/21/23 – FDOT request letters of support from Clearwater, County and Forward Pinellas. FDOT has completed control survey. Forward Pinellas submitted their letter of support on 3/8/23. 3/23/23 – FDOT shares 15% concept plans with City staff (Eng/PW & Planning) and met virtually for an overview. FDOT met with Forward Pinellas and Pinellas County on 3/20. Reps for both agencies joined in on the city meeting. County comments due to FDOT on 3/24. City comments due to FDOT on 3/29. 4/4/23 – Council meeting – discuss FDOT”s request for letter of support for lane repurposing from Osceola to Keene. Next Steps: 1. FDOT will host in-person public information meeting in April to early-May timeframe. Date and location TBD. 2. FDOT expects to be at 60% design plans in fall of 2023. Will meet with County, Forward Pinellas and the city to review and solicit comments. 3. FDOT anticipates project will bid in mid-2024. 4. FDOT anticipates construction to start late 2024. 5. FDOT confirmed they expect no need for County or City financial contributions. Documents completed by FDOT: 1. The 2/22 Intersection Control Evaluation (ICE) study which evaluated intersections and need for signals. The study showed that two additional signals will be recommended, at Hillcrest and N Lake Dr. (Council has) 2. The Drew St Corridor Study from 2022 (Council has) 3. 1/23 Lane Repurposing Concept Report (Council has as of 3/17/23) Planning Actions: At the request of neighborhood representatives (date of request unknown), the City Council authorized staff to prepare an application requesting funding to develop a complete street concept plan for Drew Street. December 15, 2016  City Council passed Resolution No. 16-27 supporting the submission of a grant application for the Forward Pinellas Complete Streets Grant Program to develop a complete streets concept for the Drew Street corridor from N. Ft. Harrison Avenue to US 19.  Application requested $50,000 in funding, with city matching contributions of $25,000 in-kind and $25,000 direct funding.  Council supported the submission with a vote of 4 to 1, Mayor Cretekos voting Nay. However, the Resolution was unanimously approved. March 8, 2017  Forward Pinellas selected the city to receive a Complete Streets grant in the amount of $50,000 to be used for consulting services to produce a comprehensive concept plan and provide assistance in the project’s community outreach and stakeholders’ engagement activities. July 20, 2017  City Council passed Resolution No. 17-23 authorizing the Memorandum of Agreement between the city and Forward Pinellas for the grant. February 12, 2018  City Council provided direction regarding the make-up of the Complete Streets Advisory Committee which provided the project team with feedback for both the Drew Street Complete Streets Concept Plan and the Citywide Complete Streets Implementation Plan. July 30, 2018  Planning & Development Department staff and Consultant Team presented three concept scenarios developed for each of the three segments of Drew Street to City Council during their work session and requested direction.  Detailed memo provided in agenda packages, which includes descriptions of the scenarios; memo also included public preference and staff recommendations. o Segment 1: Downtown (City segment) between N. Osceola and Myrtle Avenues  Recommendation & Public Preference: Concept B (two-way bike lane scenario)  Council Direction: Concept B [incorporated into the final report] o Segment 2: Neighborhood (FDOT segment) between Myrle Avenue and Keene Road  Recommendation & Public Preference: Concept B (“road diet” scenario)  Council Direction: Concept B [incorporated into the final report] o Segment 3: Commercial (primarily County segment) between Keene Road and US 19  Recommendation & Public Preference: Concept B (“landscaped medians & midblock crossings” scenario)  Council Direction: Concept B [incorporated into the final report]  Team discussed with County doing a hybrid of scenarios B & C where C has narrower median which permits wider bike lanes, explore options for a more pronounced bike facility.  Spot intersection improvements also recommended for: o Drew Street and Myrtle Avenue o Drew Street and North Betty Lane o Drew Street and Corona Avenue o Drew Street and Old Coachman Road / Duke Energy Trail September 6, 2018  City Council passed Resolution No. 18-12 approving the Complete Drew Street Concept Plan, a Complete Streets concept plan for Drew Street, from North Osceola Avenue to US Highway 19, and authorize transmittal to Forward Pinellas and other jurisdictions for the completion of the Forward Pinellas Complete Streets Grant Program agreement 3/17/2023 Florida Department of Transportation (FDOT), District Seven, in coordination with the City of Clearwater, Forward Pinellas, and Pinellas County completed the Drew Street Complete Street Corridor Study to review the technical feasibility of providing complete street treatments on Drew Street (State Road 590) from N. Osceola Avenue to N. Keene Road that will repurpose two of the four existing travel lanes, improve safety for all users, and provide multimodal options. FDOT Request: FDOT is now in the process of preparing a Lane Repurposing Report for the complete street improvements and needs your help. FDOT is requesting letters of support for the project from the City of Clearwater, Forward Pinellas and Pinellas County to include in the report (on 3/8/23, FDOT shared the support letter from Forward Pinellas. To date, Pinellas County has not submitted one). An example letter is provided for your use. If you can please provide your project support letter by 03/02/23 (Engineering confirmed with FDOT that mid-April is adequate) it would be greatly appreciated. If you have any questions or need additional information, please do not hesitate to reach out. The Complete Street Corridor Study resulted in the development of treatments including a bi-directional cycle track from N. Osceola Avenue to N. Myrtle Avenue, improved pedestrian facilities including mid-block crossings, and a wider multi-use path from N. Myrtle Avenue to N. Keene Road. The speed limit in the corridor would also be reduced to 30 miles per hour throughout the corridor. project from N. Osceola Avenue to N. Myrtle Avenue (Segment 1) Existing Proposed FDOT proposes repurposing Drew Street within existing right-of-way to include a two-lane, undivided roadway with 12-foot lanes and a 10-foot bi-directional bike lane on the north side of the corridor. The bike lane will include a three-foot buffer to accommodate flex posts between vehicular and bicycle traffic. The typical section also includes a 5-foot sidewalk with 4-foot landscaped buffer on both sides of the roadway. Speed reduction and design speed management strategies have been recommended to further reduce speeds and improve safety in the segment. Currently, the speed limit in this section varies between 30 to 35 mph. It is recommended that speeds be reduced to 30 mph in both directions for the entire length of this segment. The concept also includes considerations of potential safety treatments for consideration in design phase, including:  Enhanced (painted, textured or raised) side street crossings and intersection crosswalks  Enhanced signage and wayfinding to direct motorists to yield to pedestrians and bicyclists  Curb extensions and/or bulb outs  Enhanced bike lanes with painted treatments  Permanent speed limit pavement markings  Speed reduction and/or target speed signs  Curb ramps with detectable warnings  Rapid flashing beacon of pedestrian hybrid beacon  Enhanced lighting  Street furniture From N. Myrtle Avenue to N. Keene Road (Segment 2) Existing Proposed FDOT proposes repurposing Drew Street to provide a two-lane, divided roadway concept, with 11-foot lanes in each direction and a 15-foot continuous left turn lane. A 2-foot buffer is proposed between the back of the curb and gutter, and an 8-foot sidewalk is proposed on each side of the roadway. Pinch points exist within this segment that will require the elimination of the 2-foot buffer to accommodate the 8-foot sidewalk and avoid property acquisition. Mid-block crossing locations will be determined during the design phase. Speed reductions and design speed management strategies have also been recommended to further reduce speeds and improve safety. Currently, portions of Drew Street between North Myrtle Avenue and North Keene Road vary between 35 mph and 40 mph. It is recommended that speeds be reduced to 35 mph in both the eastbound and westbound directions for the entire length of this segment. The concept includes considerations of additional potential safety treatments for consideration in design phase, including:  Enhanced (painted, textured or raised) crosswalks, side street crossings, and mid-block and intersection crosswalks  Enhanced signage and wayfinding to direct motorists to yield to pedestrians and bicyclists  Leading pedestrian interval at intersection crossings  No right on red and turning restrictions  Marked crosswalks at unsignalized intersections to emphasize short blocks (requires further coordination with FDOT Traffic Operations Department)  Pedestrian signs R1-6a (gateway treatment) at school crossings  Pedestrian refuge islands  Speed limit pavement markings  Speed reduction (target speeds)  Curb ramps with detectable warnings  Rapid flashing beacon or pedestrian hybrid beacon  Enhanced lighting  Street furniture  Street trees INDIVIDUAL SPEAKER Citizen Comment Card Name: t.ce', Address: ( IA/e.c 3t, g City: (v % zip: e.- 177,-;- 122 6q'sTelephoneNumber: Email Address: Q'2, (ea (@(,&1S }r' , a r Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: Address: I Lt ‘9,' "*• City: Zip: 3 3 4 Telephone Number: Email Address: )(Q - l', V) pod 14 ` IC •C Speaking under citizens to be heard re items not on the agenda? L ' Agenda item(s) to which you wish to speak. / 4 14. 3 P-iivn4 Ja What is your position on the item? For Against Citizen Comment Card Name: r;1;1//v 1iN Address: 2 3 -7 s /e City: adatii4t-rc,e Telephone Number: Email Address: Zip: 337, 7z7 -4Z.2._ Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. MA ve' What is your position on the item? For Against K Citizen Comment Card i' pName: T Address: City: a(A/tX" rk a", ZAP: 33755- Address: 3755 Telephone Number: Email Address: 0444p€1.100 •Adi Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to whiyou wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: LI,A pL z Address: is oRmiTavraD City: Caliefte"^Tf / 1 t"--- Zip: 3 3' icS Telephone Number: Y0V--,p-3-r Lsinii/eiiiumefrec,Email Address: C.0 Speaking under citizens to be heard re items not on the agenda?' Agenda item(s) to which you wish to speak. Rtavs7ye4/0/7 OA] What is your position on the item? For, Against GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Address: 55' 3kit+, 310A 76 7 City: r(, Zip: 33 76 Telephone Number: 2-1 4 " ` (Y -6 30 1 Email Address: Ru -ST •c_ c5 e Agenda item to which you wish to speak: /6.)-- 3 What is your position on the item? For ,C Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Address: PP rct I L02 --r/ Cleve lana St City:C I T lit0l Cl ICr Zip: Telephone NumberT72 7 ) LOL4 b Email Address: '\u \-rH al 9trativi Agenda item to which you wish to speak: What is your position on the item? For id • 3 Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: hc'. i Address: ee J\e Zip: 3-Y) 55" Telephone Number: 70-67(‘-; " 67(‘: '7 y q Email Address: Clk1Lkly.S\51-NeA Ct ,!'1C( I J Agenda item to which you wish to speak: 0,-)1 What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • RAY TO BEACH As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: V( -Eq- Address: `a I _n ` 5 ) e1 (Q fR City: Clq..)zip:_%`'} Telephone Number: 10 Email Address: D -Dc mil )sq,( Agenda item to which you wish to speak: --3 io S\ What is your position on the item? For / Against GROUP SPEAKER Citizen Comment Card CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: 4,0 /14 Address: 7'.0 I City: L Wk6f1"n/ Zip: Telephone Number: , / 27 - B/ 9/ Email Address: 3 C 4 - tM1Cn, a,1 Agenda item to which you wish to speak: What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. r Name:` /M I Address: 7 G,, 744 Xe -7.411 CJ Dr I Lie City: C/ cu>l Zip: Telephone Number V/ 17—/6 Email Address: Agenda item to which you wish to speak: 7cel/i2 What is your position on the item? For Against / 0 BRIGHT ANDBEAUTIFUL • BAYTO BEACH CLEARWATER GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print theirirname on the reverse of this card. Name: 1 / /f 7,'%"( Address: / /2 % M -s City: Zip: ) l 7 Telephone Number: Email Address: Agenda item to which you wish to speak: irt414/ % What is your position on the item? For Against CLEARWATER BRIGHT ANDBEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name:kr Cy Ltellf44 Address: 7 7 (rt 94 JkJ'-I LL L2C! City: Zip: Telephone Number: Email Address: Agenda item to which you wish to speak: re ki What is your position on the item? For Against V CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the r:4 rse of this card. Name. If Addres City Zip. Telephone Number:ZIT— 6(_.(/ IL. -1 10 :Oil IA14EmailAddress: A da item to which you wis to speak: What is your position on the item? For Y Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Li- [' S 5?74JVa4I Address: CLC'`2"1/) T City: G1 2 Zip: 37-6 Telephone Number: C/q 57-1- /3 T5 Email Address: W352/0(.././it..1,44 , Agenda item to which you wish to speak: p,42,1 57' What is your position on the item? For Against 1cLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Address: City. Lea 0D -H-15(4, {(a33 Zip: 33165 Telephone Number: 7 0:7 379 7 Email Address: i%ri, ., 04avis ymcei I < pant Agenda item to which you wish to speak: Trek() 9--, ,G61) t What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Address: -2/2,I SJQ/jiifr/(l' ,D1• 3S City: C (C 7( L' Zip: 33` 6 Telephone Number: 7 7 Email Address: NC'j`Gt, 2 )/a/G'G' C Agenda item to which you wish to speak: What is your position on the item? For Against _ CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: 0,6 L% i? OtY»+tel Address: 7° 8 Or-gn S c o o d 44Al2._ City: ebC2 r6-1 Zip: 33 25,E Telephone Number: d7 / aca. q03 Email Address: '1 L3 33E) Q 0C ' COQ Agenda item to which you wish to speak: f `C [ What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the, reverse of ard. Name: Address: z.‘/,./75 --/r3&? City: 7(// 7.f/GC4Zip: J3 756' Telephone Number: 579- `7,(/'--277".‘. 7 Email Address: / W,Of 5 Agenda item. a which you wish to speak: ire' e S7/6e-er What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0281 Agenda Date: 4/4/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the March 16, 2023 city council meeting as submitted in written summation by the City Clerk. SUMMARY: Page 1 City of Clearwater Printed on 4/3/2023 City Council Meeting Minutes March 16, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, March 16, 2023 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes March 16, 2023 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – Interim City Manager, Michael Delk – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Paul Means from Northwood Presbyterian Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 March Service Awards One service award was presented to a city employee. 4.2 Tampa Bay Cares Presentation - Micki Thompson, President/CEO, 211 Tampa Bay Cares (Cancelled – to be rescheduled) 4.3 Phillies National League Championship Series Trophy Presentation - John Nickolas, Senior VP, and John Timberlake, Director of Florida Operations 5. Approval of Minutes 5.1 Approve the minutes of the March 2, 2023 city council meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the March 2, 2023 city council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes March 16, 2023 Page 3 City of Clearwater 6. Citizens to be heard re items not on the agenda Mr. Holuba expressed concerns with Clearwater Police Chief Slaughter's involvement in several local charities and submitted a verbal records request of a full accounting of all funds paid to Clearwater for Youth by the City of Clearwater. Bill Jonson said he looked forward to the upcoming strategic planning session and hoped it will look to the city’s future. He encouraged starting with the citizens survey and asked if we want to continue seeing ourselves as below average. Peggy Page, Lisa Bilz, Thien Harrah, Parker Lyda, Patrick Raftery and Steve Starks expressed concerns with the vehicular traffic and speed on Drew Street and urged Council to implement short-term and long-term changes. William Riley expressed concerns with vehicular traffic on Drew Street and urged Council to lower the speed limit. Bob Gibson opposed FlyUSA's proposed hangar rent increase. Michael Scott, Ron Steicher, and Steve Jones expressed concerns with the proposed rent increase at the Clearwater Airpark and stated that FlyUSA is making it untenable for small aircraft. Kathy Flaherty said there was a litter problem at Stevenson Creek and urged the City to enclose the trash receptacles. Karen Cunnigham supported DOT's Drew Street plan and stated that the plan was developed and supported by the community. Mike Riordon played a video depicting the crashes on Drew Street and urged Council to support the DOT plan. Glenna Wentworth and Chinawa Asala supported the Drew Street Complete Streets Plan and urged Council to improve the road's safety and accessibility to all modes of traffic. Peter Hunt expressed concerns with the proposed hangar rate increase and stated he needed assistance to pay the rent increase. Draft City Council Meeting Minutes March 16, 2023 Page 4 City of Clearwater Deena Stanley submitted an eComment regarding Councilmember Allbritton recommending his son-in-law to the Charter Review Committee (see page 22). Chelsea Gird submitted an email supporting the Drew Street Complete Streets Plan (see page 23). 7. Consent Agenda – Approved as submitted, less Item 7.4. 7.1 Approve Lease Renewal Option provided in the Lease Agreement dated August 10, 2018, between 600 Cleveland Street LLC (Landlord) and City of Clearwater, Florida, a Florida Municipal Corporation (Tenant), for 600 Cleveland Street, Suite 600, Clearwater Florida and authorize the appropriate officials to execute same. (consent) 7.2 Approve the purchase of excess property insurance, including Bridges, Auto Physical Damage, Boiler and Machinery and Terrorism coverages, from April 1, 2023 to April 1, 2024, at the level of insurance provided for in this agenda item, at an amount not to exceed $5,100,000 and at the property rate of $0.5389 per $100 of values, and authorize the appropriate officials to execute same. (consent) 7.3 Accept a Gas Utility Easement from VC Clearwater Senior Housing LTD, for the construction, installation, and maintenance of gas utility facilities on real property located at 2425 N. McMullen Booth Road, Clearwater, FL 33759. (consent) 7.4 Approve events budget of $482,000 from general fund reserves for the grand opening of Coachman Park to be held from June 28 through July 4, 2023, and authorize the appropriate officials to execute same. (consent) See Below 7.5 Approve a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the implementation of V21 Pedestrian Warning system connected vehicle project on Alt 19 (23-0006-EN), in the amount of $452,000 of which $361,600 is to be reimbursed by FDOT and authorize the appropriate officials to execute same. (consent) 7.6 Approve the final plat for Oaks of Clearwater Subdivision, whose physical address is 420 and 432 Bay Avenue, located west of Bay Avenue and Chestnut Street. (consent) 7.7 Approve the final plat for Foster Groves, whose physical address is 1970 Abbey Lake Road, located 230 feet north of Sunset Point Road. (consent) 7.8 Authorize an increase to purchase order for Xylem Water Solutions USA, Inc, for the purchase and repair of lift station pumps, in the total amount of $400,000.00, increasing the not-to-exceed amount for the current year from $500,000.00 to $900,000.00; additionally increase Xylem Water Solutions USA’s following year contract from Draft City Council Meeting Minutes March 16, 2023 Page 5 City of Clearwater $500,000.00 to $900,000.00; and authorize the appropriate officials to execute same. (consent) 7.9 Authorize an increase to purchase order to Envirowaste Services Group, Inc. of Palmetto Bay, FL, for emergency and non-emergency pumping and tankering services, in the amount of $40,000.00, increasing the annual not-to-exceed amount from $125,000.00 to $165,000.00 through the term of the contract, September 13, 2023, and authorize the appropriate officials to execute same. (consent) 7.10 Authorize a purchase order(s) to Harrington Industrial Plastics of Dallas, TX and American Fabric Filter Co., Inc. of Wesley Chapel, FL, for a cumulative annual not-to-exceed amount of $160,000.00 for the period of March 17, 2023 through March 16, 2024, with the option for two, one-year renewals at the City’s discretion, at not-to-exceed amounts of $175,000.00 for year two and $193,000.00 for year three, pursuant to Invitation to Bid 10-23, Reverse Osmosis Plant Cartridge Filters, and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a purchase order to Shannon Chemical Corporation of Malvern, PA for the supply of a dry blended poly/ortho corrosion control chemical in an annual not-to-exceed amount of $177,000.00, for the period of March 30, 2023 through March 29, 2024, with the option for two, one-year renewals at the City’s discretion at not-to-exceed amounts of $195,000.00 for year 2 and $214,000.00 for year 3, with the ability to increase each renewal by the percentage of the appropriate PPI index, pursuant to Invitation to Bid 12-23, Corrosion Control Chemical and authorize the appropriate officials to execute same. (consent) 7.12 Authorize a purchase order to Ring Power Corporation for the maintenance, purchase and rental of generators, transfer switches, replacement parts, and services, in the not-to exceed amount of $600,000.00 through September 30, 2023 in accordance with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 7.13 Approve an amendment and extension to a Service and Access Agreement dated July 1, 2002, between L3Harris Technologies, Inc. and the City of Clearwater (City), and two related site license agreements between L3Harris Technologies, Inc. and the City and between the State of Florida and the City respectively, all for a term ending on September 30, 2027, authorize an associated contract in a not-to-exceed amount of $1,977,893.78 paid over the next 4.5 years broken into quarterly payments, and authorize the appropriate officials to execute same. (consent) 7.14 Approve a Partnership and Support Grant Agreement with the Clearwater Historical Society in an amount not to exceed $20,000, for term beginning March 16, 2023 through September 30, 2023, and authorize the appropriate officials to execute same. (consent) Vice Mayor Beckman moved to approve the Consent Agenda as submitted, less Item 7.4, and authorize the appropriate officials to Draft City Council Meeting Minutes March 16, 2023 Page 6 City of Clearwater execute same. The motion was duly seconded and carried unanimously. 7.4 Approve events budget of $482,000 from general fund reserves for the grand opening of Coachman Park to be held from June 28 through July 4, 2023, and authorize the appropriate officials to execute same. (consent) After seven years of planning and construction, Imagine Clearwater, officially known as Coachman Park will be opened to the public on June 28, 2023. A week of events are being planned for the grand opening of Coachman Park beginning with a ribbon cutting ceremony and ending with an exciting and patriotic event on the Fourth of July with The Florida Orchestra in concert followed by the largest fireworks display ever produced in Clearwater. In partnership with Ruth Eckerd Hall there will be a variety of entertainment both ticketed and free throughout the eight-day celebration in the new 4,000 covered seat Performance Venue. A variety of events and entertainment will be provided to appeal to every segment of our community including children’s activities, celebrating diversity concert and programs, touch-a-truck event, exercise classes, giveaways, running events, buskers, street performers, dance classes, farmers market, car show, concerts, educational exhibits, etc. Staff is recommending a budget of $482,000 to produce the eight-day event with the largest cost being $100,000 for fireworks, $85,000 for The Florida Orchestra, $70,000 for other entertainment, $32,500 for Jolley Trolley Park and Ride Circulator and $30,000 for Tunnels to Towers Exhibit. Not included in this budget is the cost for public safety. Costs for public safety are contingent upon the approved itinerary for the Grand Opening. Another agenda item will be forthcoming to address these costs. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will provide a transfer of $482,000 from General Fund reserves, to establish special program PRSE230001, Special Events @ Coachman Park, to fund these activities. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $482,000 to special program PRSE230001, Special Events at Coachman Park. Inclusive of this item if approved, a net total of $1,102,870 of General Fund reserves has been appropriated by Council to fund expenditures in the 2022/23 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is Draft City Council Meeting Minutes March 16, 2023 Page 7 City of Clearwater approximately $41.8, or 22.8% of the current General Fund operating budget. One individual spoke in support. Councilmember Bunker moved to approve events budget of $482,000 from general fund reserves for the grand opening of Coachman Park to be held from June 28 through July 4, 2023, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from Triprop Clearwater LLC, the owner of property addressed 400 Coronado Drive, Clearwater, to vacate a portion of a 70-foot-wide platted Right-of-Way, lying west of lots 72 - 76, Lloyd-White-Skinner Subdivision, as recorded in Plat Book 13, Pages 12 - 13, of the Public Records of Pinellas County, Florida, subject to certain conditions, and pass Ordinance 9649-23 on first reading. The property owner at 400 Coronado Dr., Clearwater, has requested that the City vacate a portion of the 70-foot-wide platted Right-of-Way along the western lot line of 400 Coronado Dr. The Western portion of said Right-of-Way will remain as Public Right-of-Way. The purpose of this vacation is to accommodate improvements to the hotel development currently taking place. A construction permit has been obtained and the site is currently under construction. There are city and private utilities present within the subject property. All the existing utilities will be relocated at the property owner’s expense. As a prerequisite to the effectiveness of the vacation, all conditions must be met and approved by the City. City staff have reviewed this vacation and have no objection subject to the conditions of the ordinance. In response to questions, Geographic Technology Div. Manager Tom Mahoney said the portion being vacated will join the property that requested the vacation. The City has no fee ownership; the City has the right to use the dedicated platted right-of-way for city facilities. The City Attorney said, when it comes to right-of-way, the concept of ownership does not apply in the traditional sense. The ownership belongs to access; an access that people use. The right inherently belongs to the City and the general public. When vacating, the City is not transferring title to the property, but surrendering Draft City Council Meeting Minutes March 16, 2023 Page 8 City of Clearwater that portion which would normally be available to the City. In return, the individual acquiring the portion being vacated takes on certain obligations, such as maintenance, relocating utilities and hardscaping at their expense. Mr. Mahoney said the tax assessor will add the square footage to their existing parcel. Planning and Development Director Gina Clayton said the vacation is being incorporated into the hotel being constructed, which was envisioned by Beach by Design. She said it as a way to incentivize an active front along Beachwalk. It has been done on other properties along Beachwalk. Mr. Mahoney said the public will have access to all Beachwalk amenities. One individual spoke in opposition. The City Attorney said it does not appear that the vacation adds taxable value; the vacation does not subtract value from the City since title of city-owned property is not being transferred. He said this specific vacation is pursuant to a council-approved development agreement. At this point, Council is fulfilling its ministerial act. Applicant representative Angela Rauber said the vacation was approved in concept under the development agreement that was approved by Council last month. The public purpose of the vacation is to improve access from the beach to the hotel. The maintenance responsibilities and taxable value will shift from the City to the property owner. Ordinance 9649-23 was presented and read by title only. Councilmember Teixeira moved to approve the request from Triprop Clearwater LLC, the owner of property addressed 400 Coronado Drive, Clearwater, to vacate a portion of a 70-foot-wide platted Right-of-Way, lying west of lots 72 - 76, Lloyd-White-Skinner Subdivision, as recorded in Plat Book 13, Pages 12 - 13, of the Public Records of Pinellas County, Florida, subject to certain conditions, and pass Ordinance 9649-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1754 West Manor Avenue, and pass Ordinances 9653-23, 9654-23, and 9655-23 on first reading. (ANX2023-01001) Draft City Council Meeting Minutes March 16, 2023 Page 9 City of Clearwater This voluntary annexation petition involves a 0.193-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the west side of West Manor Avenue, east of the intersection of Calumet Street and North Belcher Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city boundaries to the north, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the county. The closest sanitary sewer line is located in the adjacent West Manor Avenue right-of-way. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Draft City Council Meeting Minutes March 16, 2023 Page 10 City of Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9653-23, 9654-23, and 9655-23 were presented and read by title only. Councilmember Allbritton moved to 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 1754 West Manor Avenue, and pass Ordinances 9653-23, 9654-23, and 9655-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.3 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1719 Owen Drive, and pass Ordinances 9656-23, 9657-23, and 9658-23 on first reading. (ANX2023-01002) This voluntary annexation petition involves a 0.201-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the east side of Owen Drive approximately 340 feet north of State Road 590. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city Draft City Council Meeting Minutes March 16, 2023 Page 11 City of Clearwater boundaries to the north and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the county. The closest sanitary sewer line is located in the adjacent Owen Drive right-of-way. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Draft City Council Meeting Minutes March 16, 2023 Page 12 City of Clearwater • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The Water/Drainage Feature Overlay proposed to be applied to the property will recognize the existing drainage easement on the property. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9656-23, 9657-23, and 9658-23 were presented and read by title only. Vice Mayor Beckman moved to approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1719 Owen Drive, and pass Ordinances 9656-23, 9657-23, and 9658-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.4 Approve amendments to the Community Development Code addressing community gardens, detached dwellings and residential infill projects in the MDR District, fences, vertical mixed-use projects, landscaping standards, residential and commercial parking restrictions, signs, permit renewals, pre-application meetings, development agreements, definitions, US 19 Zoning District and Development Standards and Downtown District and Development Standards, and pass Ordinance 9643-23 on first reading.  (TA2022-09001) City Council discussed proposed Ordinance No. 9643-23 at its February 16, 2023 meeting, and during that meeting there was consensus to make a limited number of changes to the Ordinance prior to completing a first reading. Therefore, City Council continued this item to the March 16, 2023 meeting to allow time to notice the revised item. Draft City Council Meeting Minutes March 16, 2023 Page 13 City of Clearwater Proposed Ordinance No. 9643-23 addresses many topics, and the majority are as originally presented to the City Council. The following changes were made to the Ordinance based on City Council direction: • Removed proposal to prohibit the use of LED rope/ribbon lighting around windows and doors [deleted from Ordinance Section 11] • Modified proposed standards for attached electronic changeable message signage to remove previously proposed minimum venue size (750 seats), establish that only performing arts theaters can utilize this type of signage, and clarify that such theaters located on multiple frontages may have such signage on no more than two street frontages [modified Ordinance Section 11, page 16] • Modified standards for fencing for community gardens to permit fences of up to six feet in height along front property line(s) provided it is open style if taller than four feet, as recommended by the Community Development Board at its January 17, 2023 meeting [modified Ordinance Section 14, pages 17-18] The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report.  Ordinance 9643-23 was presented and read by title only. Councilmember Bunker moved to approve amendments to the  Community Development Code addressing community gardens, detached dwellings and residential infill projects in the MDR District, fences, vertical mixed-use projects, landscaping standards, residential and commercial parking restrictions, signs, permit renewals, pre-application meetings, development agreements, definitions, US 19 Zoning District and Development Standards and Downtown District and Development Standards, and pass Ordinance 9643-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.5 Approve the Easement Vacation request from the owner of property addressed 2584 Deer Run East, Clearwater to vacate a portion of a 10-foot Platted public utility easement, located on Lot 1 of Block F, Northwood Estates, - Tract F, according to the map or plat thereof as recorded in Plat Book 77, Pages 46-47, Public Records of Pinellas County, Florida, and pass Ordinance 9667-23 on first reading. The property owner at 2584 Deer Run East, Clearwater, has requested that the City vacate a portion of a 10-foot Platted utility easement along the rear property Draft City Council Meeting Minutes March 16, 2023 Page 14 City of Clearwater line. The purpose of this vacation is to allow for installation of a pool deck. There are no city or private utilities within this easement. City staff have reviewed this vacation and have no objection. Ordinance 9667-23 was presented and read by title only. Councilmember Teixeira moved to approve the Easement Vacation request from the owner of property addressed 2584 Deer Run East, Clearwater to vacate a portion of a 10-foot Platted public utility easement, located on Lot 1 of Block F, Northwood Estates, - Tract F, according to the map or plat thereof as recorded in Plat Book 77, Pages 46-47, Public Records of Pinellas County, Florida, and pass Ordinance 9667-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.6 Continue to April 20, 2023: Approve amendments to the Clearwater Comprehensive Plan to address the creation of a new Parks and Recreation impact fee system; and pass Ordinance 9638-23 on first reading. (CPA2022-10002) Case is being continued because the notice advertisement did not run as scheduled. Councilmember Allbritton moved to continue Item 8.6 to April 20, 2023. The motion was duly seconded and carried unanimously. 8.7 Continue to April 20, 2023: Approve amendments to the Clearwater Community Development Code to replace Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and Recreation impact fee system; and pass Ordinance 9639-23 on first reading. (TA2022-10002) Case is being continued because the notice advertisement did not run as scheduled. Vice Mayor Beckman moved to continue Item 8.7 to April 20, 2023. The motion was duly seconded and carried unanimously. 8.8 Approve a Future Land Use Map Amendment from the Residential Urban (RU) category Draft City Council Meeting Minutes March 16, 2023 Page 15 City of Clearwater to the Commercial General (CG) category for a portion of property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9666-23 on first reading. (LUP2023-01001) This Future Land Use Map Amendment involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road. The amendment area is the southern 35 feet, more-or-less, of the subject property. The applicant, Jasmine Naik Development, LLC, is requesting to amend the future land use category of the amendment area from Residential Urban (RU) to Commercial General (CG). The applicant has submitted a Zoning Atlas Amendment which is being processed concurrently with this case (REZ2022-11007). The property has been vacant since 2007, and historically the property was developed with a restaurant use. The proposed Commercial General (CG) category has a maximum density of 24 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed Commercial General (CG) category is compatible with the surrounding land use categories of Commercial General (CG) and Residential Urban (RU), and uses, which consists of retail and sales, restaurants, and detached dwellings. The proposed amendment would allow the property to have one consistent future land use category of Commercial General (CG). The applicant currently has a building permit in review for a restaurant use. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The proposed City of Clearwater future land use category of Commercial General (CG) is consistent with the Countywide Plan Map Retail & Services (R&S) category; therefore, an amendment of the Countywide Plan Map is not needed. In accordance with the Countywide Plan Rules, the land use plan amendment will be accepted by Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority, as an administrative item. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its February 21, 2023 public hearing and made a unanimous recommendation of approval to Draft City Council Meeting Minutes March 16, 2023 Page 16 City of Clearwater City Council. However, due to an error with the public notice, the item will be re-noticed and presented to the Community Development Board at its March 21, 2023 meeting, and will be presented to City Council at its April meetings. Councilmember Bunker moved to continue Item 8.8 to April 4, 2023. The motion was duly seconded and carried unanimously. 8.9 Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Commercial (C) District for a portion of property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9662-23 on first reading. (REZ2022-11007). This Zoning Atlas Amendment involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road. The amendment area is the southern 35 feet, more-or-less, of the subject property. The applicant, Jasmine Naik Development, LLC, is requesting to rezone the amendment area from the Low Medium Density Residential (LMDR) District to the Commercial (C) District. The applicant has submitted a Future Land Use Map Amendment, which is being processed concurrently with this case (LUP2023-01001). The property has been vacant since 2007, and historically the property was developed with a restaurant use. The proposed Commercial (C) District is compatible with the surrounding zoning districts of Commercial (C), Low Medium Density Residential (LMDR), and Medium Density Residential (MDR), and uses which consist of retail and sales, restaurants, and detached dwellings. The proposed Commercial (C) District would also allow the property to have one consistent zoning district across the entire property. The applicant currently has a building permit in review for a restaurant use. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • The available uses in the Commercial (C) District are compatible with the surrounding area. • The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and • The proposed Commercial (C) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, Draft City Council Meeting Minutes March 16, 2023 Page 17 City of Clearwater existing improvements and the natural environment. The Community Development Board reviewed this application at its February 21, 2023 public hearing and made a unanimous recommendation of approval to City Council. However, due to an error with the public notice for the companion Future Land Use Map Amendment (LUP2023-01001), that item must be re-noticed and presented to the Community Development Board at its March 21, 2023 meeting. This item is being continued and will be presented to City Council at its April meetings. Councilmember Teixeira moved to continue Item 8.9 to April 4, 2023. The motion was duly seconded and carried unanimously. 8.10 Continue to April 20, 2023: Approve amendments to the Clearwater Downtown Redevelopment Plan regarding the Public Amenities Incentive Pool and pass Ordinance 9663-23 on first reading. Proposed Ordinance No. 9663-23 proposes changes to the Public Amenities Incentive Pool to enable the City to establish a two-tiered allocation process for units and/or floor area from the Pool in the Community Development Code (TA2023-01001). Staff is requesting to continue this item to the April 20, 2023 city council meeting. Vice Mayor Beckman moved to continue Item 8.10 to April 20, 2023. The motion was duly seconded and carried unanimously. 8.11 Continue to April 20, 2023: Approve amendments to the Community Development Code, Appendix C, Downtown District and Development Standards, and pass Ordinance 9664-23 on first reading. (TA2023-01001) Proposed Ordinance No. 9664-23 establishes a two-tiered allocation process for units and/or floor area from the Public Amenities Incentive Pool. Staff is requesting to continue this item to the April 20, 2023 city council meeting. Councilmember Bunker moved to continue Item 8.11 to April 20, 2023. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9659-23 on third reading, annexing certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Draft City Council Meeting Minutes March 16, 2023 Page 18 City of Clearwater Ordinance 9659-23 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9659-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.2 Adopt Ordinance 9660-23 on third reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9660-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9660-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.3 Adopt Ordinance 9661-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9661-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9661-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.4 Adopt Ordinance 9665-23 on second reading, amending the Code of Ordinances Chapter 28 to establish a vehicular safety zone at the medical clinic at 1560 S. Highland Avenue. Ordinance 9665-23 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9665-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10. City Manager Reports Draft City Council Meeting Minutes March 16, 2023 Page 19 City of Clearwater 10.1 Amend the City’s fiscal year 2022/23 operating and capital improvement budgets at first quarter and pass Ordinances 9671-23 and 9672-23 on first reading. The fiscal year 2022/23 operating and capital improvement budgets were adopted in October 2022 by ordinances 9615-22 and 9616-22. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Ordinances 9671-23 and 9672-23 were presented and read by title only. Councilmember Bunker moved to amend the City’s fiscal year 2022/23 operating and capital improvement budgets at first quarter and pass Ordinances 9671-23 and 9672-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 11. City Attorney Reports The City Attorney reported that agenda items for the city manager's employment contract and the amphitheater will be presented to City Council on April 4, 2023. 12. Other Council Action 12.1 City Council Salaries At the February 27, 2023 work session, staff was directed to provide information regarding comparable councilmember salaries. Staff has provided information for the cities of Gainesville, Tallahassee, Orlando, St. Petersburg, Tampa, and Clearwater. It was stated that based on the work session discussion, there is a preference for the Charter Review Committee to address the matter. Discussion ensued regarding districting. It was suggested that the Committee discuss districting. One individual supported increasing council salaries, but expressed Draft City Council Meeting Minutes March 16, 2023 Page 20 City of Clearwater concern with increasing the salaries to the point of a living wage. He supported the Committee discuss the consideration of providing councilmembers with life insurance. Councilmember Teixeira moved to direct the Charter Review Committee to address increasing council salaries and districting. The motion was duly seconded and carried unanimously. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Teixeira said she attended annual employee luncheon and thanked staff for their dedication and efforts. Councilmember Bunker said he barely recovered from LRH’s birthday festivities. Vice Mayor Beckman thanked all who attended and participated at tonight’s meeting. She encouraged all to attend Niki Butcher’s booking signing event. Councilmember Allbritton provided highlights of Forward Pinellas’ Waterborne Transportation Committee meeting. 14. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events. He said Clearwater for Youth has been around for a long time, has been a great city partner, and has awarded many scholarships to local student athletes. 15. Adjourn The meeting adjourned at 7:57 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: f0/01,i R0 Address: 44.1. Ci \'J .,(,vt6L f %k '1,- Zip: 1 t b Telephone Number: S `1 SW--e;'15-Lt. Email W--`3`1bLt- Email Address: cis0J +v-‘53 4Nn,0 evc611c9 `- Speaking under citizens to be heard re items not on the agenda?, Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 91/'E ,d?$DAl Address: City: CW 3 zip: 3 7 Telephone Number: 5,c),4) Email Address: 11--)11 >Soil / 2 3 a,5,1z; I ,c,: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. CSS) Vim- )C.% r - What is you_r_position_on the it9m? For Against GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: / (CCz LO(LQY' Address: l l SSL tDI )c City: NVOUCOAerZip: Jc?- 7 Telephone Numbe CR-a`M) LfST)— Email Address: e_\11@, qY •(-) T\ Or) Agenda item to which you wish to speak: What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-11007 Agenda Date: 4/4/2023 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Commercial (C) District for a portion of property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9662-23 on first reading. (REZ2022-11007). SUMMARY: This Zoning Atlas Amendment involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road. The amendment area is the southern 35 feet, more-or-less, of the subject property. The applicant, Jasmine Naik Development, LLC, is requesting to rezone the amendment area from the Low Medium Density Residential (LMDR) District to the Commercial (C) District. The applicant has submitted a Future Land Use Map Amendment, which is being processed concurrently with this case (LUP2023-01001). The property has been vacant since 2007, and historically the property was developed with a restaurant use. The proposed Commercial (C) District is compatible with the surrounding zoning districts of Commercial (C), Low Medium Density Residential (LMDR), and Medium Density Residential (MDR), and uses which consist of retail and sales, restaurants, and detached dwellings. The proposed Commercial (C) District would also allow the property to have one consistent zoning district across the entire property. The applicant currently has a building permit in review for a restaurant use. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·The available uses in the Commercial (C) District are compatible with the surrounding area. ·The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and ·The proposed Commercial (C) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the Page 1 City of Clearwater Printed on 4/3/2023 File Number: REZ2022-11007 natural environment. The Community Development Board reviewed this application at its February 21, 2023 public hearing and made a unanimous recommendation of approval to City Council. However, due to an error with the public notice for the companion Future Land Use Map Amendment (LUP2023-01001), that item must be re-noticed and presented to the Community Development Board at its March 21, 2023 meeting. This item is being continued and will be presented to City Council at its April meetings. Page 2 City of Clearwater Printed on 4/3/2023 Ordinance No. 9662-23 ORDINANCE NO. 9662-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF GULF TO BAY BOULEVARD APPROXIMATELY 540 FEET EAST OF KEENE ROAD, WHOSE POST OFFICE ADDRESS IS 1849 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33765, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO COMMERCIAL (C); 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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 contingent upon and at such time that Ordinance 9666-23 becomes effective. Property Zoning District See attached Exhibit “A” for legal description; From: Low Medium Density Residential (LMDR) To: Commercial (C) (REZ2022-11007) Ordinance No. 9662-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LUP2023‐01001 and REZ2022‐11007  1849 Gulf to Bay Boulevard; 13‐29‐15‐00000‐320‐0300  Legal Description:  The south 35 feet, more or less, of the following described property:  A parcel of land in the N.W. ¼ of the N.W. ¼ of the S.W. ¼ of Section 13, Township 29 South, Range 15 East, described as  follows:  The north 350 feet of the east ¼ of the northwest ¼ of the northwest ¼ of the southwest ¼ of said Section 13, Township  29 South, Range 15 East, lying and being situate in Pinellas County, Florida; less and except the road right of way  abutting the north thereof.  Exhibit “B” PROPOSED ZONING MAP Owner(s): Jasmine Naik Development, LLC Case: LUP2023-01001 REZ2022-11007 Site: A portion of 1849 Gulf to Bay Boulevard Property Size(Acres): 0.125 Land Use Zoning PIN: 13-29-15-00000-320-0300 From: Residential Urban (RU) Low Medium Density Residential (LMDR) To: Commercial General (CG) Commercial (C) Atlas Page: 298A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: February 21, 2023 AGENDA ITEM: F.2. CASE: REZ2022-11007 REQUEST: To amend the Zoning Atlas designation for a portion of a 1.135-acre property from Low Medium Density Residential (LMDR) to Commercial (C) GENERAL DATA: Agent................................ Owner ............................. Maleia Storum, Bowman and Pursuit Development Jasmine Naik Development, LLC Location ......................... 1849 Gulf to Bay Boulevard, located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road Property Size................... 0.125 acres Background: This case involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road. The property is owned by Jasmine Naik Development, LLC and is currently vacant. The applicant has indicated the desire to redevelop the site with a restaurant use. The property has historically been developed and used as a restaurant use, with numerous property owners and tenants dating back to at least 1992. Historical aerials show a structure on the property since at least 1965. The property has been completely vacant since 2007 when the structure was demolished; however, the structure appeared to have sat empty since 2005 and the property was the source of numerous public nuisance and code compliance cases during this time. After the demolition, additional public nuisance and code compliance cases have been opened, mostly due to overgrowth, graffiti, and abandoned vehicles, which have all been resolved. Currently, the property has two Zoning Atlas designations of Commercial (C) and Low Medium Density Residential (LMDR). The Low Medium Density Residential (LMDR) zoning district is currently on the southern 35 feet, more or less, of the property, totaling approximately 0.125 acres. The request is to change the Zoning Atlas designation of this southern portion of the property from Low Medium Density Residential (LMDR) to Commercial (C). A Future Land Use Map Amendment application (LUP2023-01001) is being processed concurrently with this case. The requested amendment to the Commercial (C) District would establish a single zoning district across the site and would allow for the redevelopment of the property in the future. A site plan application has not been Community Development Board – February 21, 2023 REZ2022-11007 - Page 2 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION submitted at this time, and the applicant understands that all necessary approvals and permits must be obtained before the development of the subject site occurs. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Community Development Board – February 21, 2023 REZ2022-11007 - Page 3 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 shows the existing surrounding uses. To the north, across Gulf to Bay Boulevard, there are fast food restaurants. To the east exist a retail plaza, sales office, and detached dwellings. To the west exists two retail and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant. Additional uses to the southwest and the southeast are detached dwellings. Map 3 Community Development Board – February 21, 2023 REZ2022-11007 - Page 4 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the Zoning Atlas designations abutting the amendment areas are Commercial (C) to the north, west, and east. Commercial (C) also exists further north across Gulf to Bay Boulevard, further west across Virginia Lane, and further east across Brookside Drive. Low Medium Density Residential (LMDR) abuts the amendment area to the west and east, and also exists farther to the south, southwest and southeast. Medium Density Residential (MDR) abuts the amendment area to the south . Map 4 Community Development Board – February 21, 2023 REZ2022-11007 - Page 5 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goal, objective, and policies of the Clearwater Comprehensive Plan that support the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Applicable section of the Community Development Code which is applicable to the proposed amendment: Division 7. Commercial District, Section 2-701. Intent and Purpose. The intent and purpose of the Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and services throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the city or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Commercial (C) District is compatible with the existing Commercial (C) District that exists on the remainder of the subject property and the adjacent properties to the west and east and to the north across Gulf to Bay Boulevard. Gulf to Bay Boulevard is one of the city’s main commercial corridors, and the proposed amendment would allow the site to be one zoning district which would make development easier in the future. The surrounding neighborhood transitions to residential going south from Gulf to Bay Boulevard, so future development of the site will need to be sensitive to potential conflicts between commercial and residential uses. The applicant has indicated the desire to redevelop the property with a restaurant use; however, no site plan application has been submitted at this time. The size of the property should allow for development to be located closer to Gulf to Bay Boulevard which will provide a buffer between the development and the residential uses to the southwest and southeast. Any trip generations would be reviewed at the time of site plan review in accordance with the Mobility Management System. In addition, the Community Development Board – February 21, 2023 REZ2022-11007 - Page 6 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request is consistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: The proposed amendment area is part of a larger parcel which is currently zoned as Commercial (C) and is currently vacant. To the north, across Gulf to Bay Boulevard, there are fast food restaurants. To the east exists a retail plaza, sales office, and detached dwellings. To the west exists two retail and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant. Additional uses to the southwest and the southeast are detached dwellings. The proposed Commercial (C) zoning district, which primarily allows for retail sales & services and offices, is consistent with the remainder of the subject property. The abutting zoning districts are Commercial (C), Low Medium Density Residential (LMDR), and Medium Density Residential (MDR), and the area transitions from commercial along Gulf to Bay Boulevard to residential south of Gulf to Bay Boulevard. The proposed Commercial (C) zoning district would allow the property to have one consistent zoning district, and this district has existed on the remainder of the property and in the area for numerous years. The proposed use of a restaurant is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Commercial (C) District is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhoods. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the amendment area, the maximum development potential under the existing and proposed city Future Land Use Map designations were as analyzed. Community Development Board – February 21, 2023 REZ2022-11007 - Page 7 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RU” Proposed FLUM Designation “CG” Net Change Site Area 0.125 AC (5,445 SF) 0.125 AC (5,445 SF) Maximum Development Potential 0 DUs / 0 Hotel Units1 2,178 SF 0.40 FAR 0 DUs2 / 5 Hotel Units 2,994 SF 0.55 FAR 0 DUs / +5 Hotel Units +816 SF +0.15 FAR Notes: 1. Overnight accommodation uses are not permitted in the consistent Low Medium Density Residential (LMDR) District. Overnight accommodation uses are permitted in the consistent Medium Density Residential (MDR) District as accessory uses; however, the underlying Residential Urban (RU) future land use category doesn’t provide for overnight accommodation density. 2. Residential uses are not permitted through the consistent Commercial (C) District. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is a minimal increase in development potential of under 1,000 square feet as well as an increase of five hotel (overnight accommodation) units. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a 2,994 square foot non-residential use to the maximum development potential of the existing Residential Urban (RU) future land use category developed with a maximum of 0 dwelling units. Since the amendment area along with the entire parcel is vacant, any development would increase the public facilities further detailed below. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 299 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (299 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designations (0 gallons per day). Since the amendment area and the entire parcel is currently vacant, the potable water utilization could increase up to 2,719 gallons per day if the entire parcel were to be developed with a non-residential use at the maximum development potential of 27,192 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in potable water would be less than the maximum potential of 2,719 gallons per day as shown in the analysis. The city’s current potable water demand is 11.24 million gallons per day (MGD). The city’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 78 gallons per day per capita (2021 Annual Water Report). The city’s 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period), completed July 2022, indicates that based on the updated Community Development Board – February 21, 2023 REZ2022-11007 - Page 8 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION water demand projections and other factors, the city has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 240 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (240 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (0 gallons per day). Since the amendment area and the entire parcel is currently vacant, the wastewater utilization could increase up to 2,175 gallons per day if the entire parcel were to be developed with a non-residential use at the maximum development potential of 27,192 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in wastewater would be less than the maximum potential of 2,175 gallons per day as shown in the analysis. The subject property is served by the East Water Reclamation Facility, which presently has excess permitted capacity estimated to be 1.9 million gallons per day, which is well within its permitted capacity of 5 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 37.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (37.3 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (0 tons per year). Since the amendment area and the entire parcel is currently vacant, the solid waste created could increase up to 338.5 tons if the entire parcel were to be developed with a non-residential use at the maximum development potential of 27,192 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in solid waste would be less than the maximum potential of 338.5 tons per year as shown in the analysis. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the total acreage of parks within the city, dividing it by the 2022 Florida Bureau of Economic and Business Research (BEBR), and then multiplying by 1,000. Based on this impact analysis, the Community Development Board – February 21, 2023 REZ2022-11007 - Page 9 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the city’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map amendment will have no additional impact on parkland. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all city and Southwest Florida Water Management District stormwater management criteria. Streets To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. However, since the underlying Countywide Plan Map category of Retail & Services (R&S) is not changing, the number of potential trips per day per acre would also not change. The proposed amendment area could create 54 trips per day per acre based on the tragic generation number of 433 trips per day per acre found within the Retail & Services (R&S) category. The entire site could create up to 491 trips per day per acre. Since the parcel is currently vacant, any development would increase the number of trips to and from the site. Gulf to Bay Boulevard is a six-lane, divided principal arterial roadway. The city’s Traffic Engineering division would likely provide traffic-related comments at the time of site plan review to address issues such as ingress and egress and vehicle stacking. Recommended Conclusions of Law: Based upon the findings of fact, the proposed amendment would increase the demand on several of the public facilities since the property is currently vacant; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management, and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Commercial (C) District boundaries is consistent with the legal descriptions provided and with the boundaries on the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements, and the natural environment. Community Development Board – February 21, 2023 REZ2022-11007 - Page 10 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Commercial (C) District. Prepared by Planning and Development Department Staff: ________ Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9662-23 Resume Photographs of Site and Vicinity LUP2023-01001 & REZ2022-11017 Jasmine Naik Development, LLC 1849 Gulf to Bay Boulevard View looking south at subject property 1849 Gulf to Bay Boulevard East of the subject property Across the street, to the north of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard West of the subject property Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2023-01001 Agenda Date: 4/4/2023 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Approve a Future Land Use Map Amendment from the Residential Urban (RU) category to the Commercial General (CG) category for a portion of property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9666-23 on first reading. (LUP2023-01001) SUMMARY: This Future Land Use Map Amendment involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road. The amendment area is the southern 35 feet, more-or-less, of the subject property. The applicant, Jasmine Naik Development, LLC, is requesting to amend the future land use category of the amendment area from Residential Urban (RU) to Commercial General (CG). The applicant has submitted a Zoning Atlas Amendment which is being processed concurrently with this case (REZ2022-11007). The property has been vacant since 2007, and historically the property was developed with a restaurant use. The proposed Commercial General (CG) category has a maximum density of 24 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed Commercial General (CG) category is compatible with the surrounding land use categories of Commercial General (CG) and Residential Urban (RU), and uses, which consists of retail and sales, restaurants, and detached dwellings. The proposed amendment would allow the property to have one consistent future land use category of Commercial General (CG). The applicant currently has a building permit in review for a restaurant use. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. The proposed City of Clearwater future land use category of Commercial General (CG) is consistent with the Countywide Plan Map Retail & Services (R&S) category; therefore, an Page 1 City of Clearwater Printed on 4/3/2023 File Number: LUP2023-01001 amendment of the Countywide Plan Map is not needed. In accordance with the Countywide Plan Rules, the land use plan amendment will be accepted by Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority, as an administrative item. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its February 21, 2023 public hearing and made a unanimous recommendation of approval to City Council. However, due to an error with the public notice, the item will be re-noticed and presented to the Community Development Board at its March 21, 2023 meeting, and will be presented to City Council at its April meetings. Page 2 City of Clearwater Printed on 4/3/2023 Ordinance No. 9666-23 ORDINANCE NO. 9666-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF GULF TO BAY BOULEVARD APPROXIMATELY 540 FEET EAST OF KEENE ROAD, WHOSE POST OFFICE ADDRESS IS 1849 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33765, FROM RESIDENTIAL URBAN (RU), TO COMMERCIAL GENERAL (CG); 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 properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential Urban (RU) To: Commercial General (CG) (LUP2023-01001) 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 contingent upon approval of the countywide plan land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the countywide plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Ordinance No. 9666-23 Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LUP2023‐01001 and REZ2022‐11007  1849 Gulf to Bay Boulevard; 13‐29‐15‐00000‐320‐0300  Legal Description:  The south 35 feet, more or less, of the following described property:  A parcel of land in the N.W. ¼ of the N.W. ¼ of the S.W. ¼ of Section 13, Township 29 South, Range 15 East, described as  follows:  The north 350 feet of the east ¼ of the northwest ¼ of the northwest ¼ of the southwest ¼ of said Section 13, Township  29 South, Range 15 East, lying and being situate in Pinellas County, Florida; less and except the road right of way  abutting the north thereof.  Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Jasmine Naik Development, LLC Case: LUP2023-01001 REZ2022-11007 Site: A portion of 1849 Gulf to Bay Boulevard Property Size(Acres): 0.125 Land Use Zoning PIN: 13-29-15-00000-320-0300 From: Residential Urban (RU) Low Medium Density Residential (LMDR) To: Commercial General (CG) Commercial (C) Atlas Page: 298A Background: This case involves a 0.125-acre portion of a 1.135-acre property located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road. The property is owned by Jasmine Naik Development, LLC and is currently vacant. The applicant has indicated the desire to redevelop the site with a restaurant use. The property has historically been developed and used as a restaurant use, with numerous property owners and tenants dating back to at least 1992. Historical aerials show a structure on the property since at least 1965. The property has been completely vacant since 2007 when the structure was demolished; however, the structure appeared to have sat empty since 2005 and the property was the source of numerous public nuisance and code compliance cases during this time. After the demolition, additional public nuisance and code compliance cases have been opened, mostly due to overgrowth, graffiti, and abandoned vehicles, which have all been resolved. Currently, the property has two Future Land Use Map categories of Commercial General (CG) and Residential Urban (RU). The Residential Urban (RU) category is currently on the southern 35 feet, more or less, of the property, totaling approximately 0.125 acres. The request is to change the Future Land Use Map category of this southern portion of the property from Residential Urban (RU) to Commercial General (CG). A Zoning Atlas Amendment application (REZ2022-11007) is being processed concurrently with this case. The requested amendment to the Commercial General (CG) category would establish a single future land use category across the site and would allow for the redevelopment of the property in the future. A site plan application has not been submitted at this time, and the applicant understands that all necessary approvals and permits must be obtained before the development of the subject site occurs. PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: March 21, 2023 AGENDA ITEM: H.1. CASE: LUP2023-01001 REQUEST: To amend the Future Land Use Map designation for a portion of a 1.135- acre property from Residential Urban (RU) to Commercial General (CG) GENERAL DATA: Agent............................... Owner............................. Maleia Storum, Bowman and Pursuit Development Jasmine Naik Development, LLC Location .......................... 1849 Gulf to Bay Boulevard, located on the south side of Gulf to Bay Boulevard approximately 540 feet east of Keene Road Property Size ................... 0.125 acres Community Development Board – March 21, 2023 LUP2023-01001 - Page 2 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Community Development Board – March 21, 2023 LUP2023-01001 - Page 3 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 shows the existing surrounding uses. To the north, across Gulf to Bay Boulevard, there are fast food restaurants. To the east exists a retail plaza, sales office, and detached dwellings. To the west exists two retail and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant. Additional uses to the southwest and the southeast are detached dwellings. Map 3 Community Development Board – March 21, 2023 LUP2023-01001 - Page 4 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the future land use category abutting the amendment area is Commercial General (CG) to the north, west and east. Commercial General (CG) also exists further north across Gulf to Bay Boulevard, further west across Virginia Lane, and further east across Brookside Drive. Residential Urban (RU) abuts the amendment area to the west, east, and south and also exists farther to the southwest and southeast. Map 4 Community Development Board – March 21, 2023 LUP2023-01001 - Page 5 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION A comparison between the uses, densities, and intensities allowed by the existing and proposed Future Land Use Map (FLUM) designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Map Designations Existing FLUM Designation Commercial General (CG) Existing FLUM Designation Residential Urban (RU) Proposed FLUM Designation Commercial General (CG) Primary Uses: Office; Retail Sales & Service; Overnight Accommodations Urban Low Density Residential; Residential Equivalent Office; Retail Sales & Service; Overnight Accommodations Maximum Density: 24 Dwelling Units per Acre; 40 Overnight Accommodation Units per Acre 7.5 Dwelling Units per Acre 24 Dwelling Units per Acre; 40 Overnight Accommodation Units per Acre Maximum Intensity: FAR 0.55; ISR 0.90 FAR 0.40; ISR 0.65 FAR 0.55; ISR 0.90 Consistent Zoning Districts: Commercial (C) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Commercial (C) Community Development Board – March 21, 2023 LUP2023-01001 - Page 6 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goal, objective, and policies of the Clearwater Comprehensive Plan that support the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. The proposed Commercial General (CG) future land use category is compatible with the existing Commercial General (CG) future land use category that exists on the remainder of the subject property and the adjacent properties to the west and east and to the north across Gulf to Bay Boulevard. Gulf to Bay Boulevard is one of the city’s main commercial corridors, and the proposed amendment would allow the site to be one future land use category which would make development easier in the future. The surrounding neighborhood transitions to residential going south from Gulf to Bay Boulevard, so future development of the site will need to be sensitive to potential conflicts between commercial and residential uses. The applicant has indicated the desire to redevelop the property with a restaurant use; however, no site plan application has been submitted at this time. The size of the property should allow for development to be located closer to Gulf to Bay Boulevard which will provide a buffer between the development and the residential uses to the southwest and southeast. Any trip generations would be reviewed at the time of site plan review in accordance with the Mobility Management System. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request is consistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Community Development Board – March 21, 2023 LUP2023-01001 - Page 7 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Retail & Services (R&S). This Retail & Services (R&S) category is also to the east and west, and further north across Gulf to Bay Boulevard. Properties to the west, east, and south are designated with the Residential Low Medium (RLM) category. Section 2.3.3.8 of the Countywide Rules states that the current Retail & Services (R&S) category is intended to depict areas that are now developed, or appropriate to be developed, a mix of businesses that provide for the shopping and personal service needs of the community or regional, provide for employment opportunities and accommodate target employment uses, and may include residential uses as part of the mix of uses. Even though the City of Clearwater future land use designation of Residential Urban (RU) is proposed to be amended to Commercial General (CG), the amendment will not necessitate a Countywide Plan Map amendment as the Countywide Plan Map category is currently Retail & Services (R&S). This proposed amendment will bring the City’s Future Land Use Map into consistency with the Countywide Plan Map. Additionally, Keene Road is a Scenic/Noncommercial Corridor, and the intersection of Keene Road with Gulf to Bay Boulevard is classified as a Mixed Use Corridor. According to Table 10 of the Countywide Rules, the Retail & Services (R&S) category is found to be potentially consistent with the Scenic/Noncommercial Corridor, mixed-use classification. As the entire property is already designated as Retail & Services (R&S) on the Countywide Plan Map, the uses and intensity of uses have already been found to be consistent with the provisions of the mixed-use classification. Recommended Conclusions of Law: The proposed Future Land Use Map Amendment will not require an amendment to the Countywide Plan Map. The proposed amendment will bring the City’s Future Land Use Map into consistency with the Countywide Plan Map designation of Retail & Services (R&S). Further, the proposed amendment is consistent with the provisions of the Scenic/Noncommercial Corridor for which the property is located within. Community Development Board – March 21, 2023 LUP2023-01001 - Page 8 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: The proposed amendment area is part of a larger parcel which currently has a future land use category of Commercial General (CG) and is currently vacant. To the north, across Gulf to Bay Boulevard, there are fast food restaurants. To the east exists a retail plaza, sales office, and detached dwellings. To the west exists two retail and sales uses and a telecommunications tower. The property adjacent to the south is currently vacant. Additional uses to the southwest and the southeast are detached dwellings. The proposed Commercial General (CG) future land use category, which primarily allows for retail sales & services and offices, is consistent with the remainder of the subject property. The abutting future land use categories are Commercial General (CG) and Residential Urban (RU), and the area transitions from commercial along Gulf to Bay Boulevard to residential south of Gulf to Bay Boulevard. The proposed Commercial General (CG) future land use category would allow the property to have one consistent future land use category, and this category has existed on the remainder of the property and in the area for numerous years. The proposed use of a restaurant is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Commercial General (CG) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed city Future Land Use Map designations were analyzed. Community Development Board – March 21, 2023 LUP2023-01001 - Page 9 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RU” Proposed FLUM Designation “CG” Net Change Site Area 0.125 AC (5,445 SF) 0.125 AC (5,445 SF) Maximum Development Potential 0 DUs / 0 Hotel Units1 2,178 SF 0.40 FAR 0 DUs2 / 5 Hotel Units 2,994 SF 0.55 FAR 0 DUs / +5 Hotel Units +816 SF +0.15 FAR Notes: 1. Overnight accommodation uses are not permitted in the consistent Low Medium Density Residential (LMDR) District. Overnight accommodation uses are permitted in the consistent Medium Density Residential (MDR) District as accessory uses; however, the underlying Residential Urban (RU) future land use category doesn’t provide for overnight accommodation density. 2. Residential uses are not permitted through the consistent Commercial (C) District. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is a minimal increase in development potential of under 1,000 square feet as well as an increase of five hotel (overnight accommodation) units. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a 2,994 square foot non-residential use to the maximum development potential of the existing Residential Urban (RU) future land use category developed with a maximum of 0 dwelling units. Since the amendment area along with the entire parcel is vacant, any development would increase the public facilities further detailed below. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 299 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (299 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designations (0 gallons per day). Since the amendment area and the entire parcel is currently vacant, the potable water utilization could increase up to 2,719 gallons per day if the entire parcel were to be developed with a non-residential use at the maximum development potential of 27,192 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in potable water would be less than the maximum potential of 2,719 gallons per day as shown in the analysis. The city’s current potable water demand is 11.24 million gallons per day (MGD). The city’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 78 gallons per day per capita (2021 Annual Water Report). The city’s 10-year Water Supply Facilities Work Plan (2022-2023 Planning Period), completed July 2022, indicates that based on the updated Community Development Board – March 21, 2023 LUP2023-01001 - Page 10 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION water demand projections and other factors, the city has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 240 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage permitted (240 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (0 gallons per day). Since the amendment area and the entire parcel is currently vacant, the wastewater utilization could increase up to 2,175 gallons per day if the entire parcel were to be developed with a non-residential use at the maximum development potential of 27,192 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in wastewater would be less than the maximum potential of 2,175 gallons per day as shown in the analysis. The subject property is served by the East Water Reclamation Facility, which presently has excess permitted capacity estimated to be 1.9 million gallons per day, which is well within its permitted capacity of 5 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 37.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (37.3 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (0 tons per year). Since the amendment area and the entire parcel is currently vacant, the solid waste created could increase up to 338.5 tons if the entire parcel were to be developed with a non-residential use at the maximum development potential of 27,192 square feet. However, due to future development having to meet zoning code requirements, it’s likely that the actual development would be less than the maximum development potential, meaning the increase in solid waste would be less than the maximum potential of 338.5 tons per year as shown in the analysis. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the total acreage of parks within the city, dividing it by the 2022 Florida Bureau of Economic and Business Research (BEBR), and then multiplying by 1,000. Based on this impact analysis, the Community Development Board – March 21, 2023 LUP2023-01001 - Page 11 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the city’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map Amendment will have no additional impact on parkland. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all city and Southwest Florida Water Management District stormwater management criteria. Streets To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. However, since the underlying Countywide Plan Map category of Retail & Services (R&S) is not changing, the number of potential trips per day per acre would also not change. The proposed amendment area could create 54 trips based on the traffic generation number of 433 trips per day per acre found within the Retail & Services (R&S) category. The entire site could create up to 491 trips per day per acre. Since the parcel is currently vacant, any development would increase the number of trips to and from the site. Gulf to Bay Boulevard is a six-lane, divided principal arterial roadway. The city’s Traffic Engineering division would likely provide traffic-related comments at the time of site plan review to address issues such as ingress and egress and vehicle stacking. Recommended Conclusions of Law: Based upon the findings of fact, the proposed amendment would increase the demand on several of the public facilities since the property is currently vacant; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management, and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The city’s codes require that development is compliant with the city’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map Amendment will not negatively impact natural resources on the subject property. Community Development Board – March 21, 2023 LUP2023-01001 - Page 12 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential Urban (RU) to Commercial General (CG). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9666-23 Resume Photographs of Site and Vicinity LUP2023-01001 & REZ2022-11017 Jasmine Naik Development, LLC 1849 Gulf to Bay Boulevard View looking south at subject property 1849 Gulf to Bay Boulevard East of the subject property Across the street, to the north of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard West of the subject property Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0375 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9643-23 on second reading, making amendments to the Community Development Code Article 2, Article 3, Article 4, Article 8 and Appendix C. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 1 ORDINANCE NO. 9643-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2. ZONING DISTRICTS, CHART 2-100 AND THE MEDIUM DENSITY RESIDENTIAL, COMMERCIAL, INSTITUTIONAL, AND OPEN SPACE/ RECREATION DISTRICTS; BY AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, FENCES AND WALLS, GENERAL APPLICABILITY STANDARDS, HOME-BASED BUSINESSES, LANDSCAPING/TREE PROTECTION, PARKING AND LOADING, SIGNS, TEMPORARY USES, DOG-FRIENDLY RESTAURANTS, AND COMMUNITY GARDENS AND URBAN FARMS DIVISIONS; BY AMENDING ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES, GENERAL PROCEDURES AND LEVEL THREE APPROVALS DIVISIONS; BY AMENDING ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION; BY AMENDING APPENDIX B. US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, GENERAL PROVISIONS, REGULATING PLAN, SUBDISTRICT STANDARDS, STREET FRONTAGE STANDARDS, SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS, FLEXIBILITY, AND ADMINISTRATION DIVISIONS; BY AMENDING APPENDIX C. DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, GENERAL PROVISIONS, REGULATING PLAN, CHARACTER DISTRICT STANDARDS, FRONTAGE STANDARDS, SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS, FLEXIBILITY, AND ADMINISTRATION DIVISIONS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“the City”) adopted the Community Development Code on January 21, 1999, which took effect on March 8, 1999; and WHEREAS, on February 2, 2017, the City established a new US 19 District and adopted the US 19 Zoning District and Development Standards as Appendix B of the Community Development Code to ensure redevelopment along the corridor contributes to the creation of a more compact, accessible and attractive pedestrian and transit-friendly destinations, which is critical to maintaining and improving the city’s economy and quality of life; and WHEREAS, on August 2, 2018, the City adopted new Downtown District and Development Standards as Appendix C of the Community Development Code to ensure Downtown redevelops with quality urban design, a high-quality public realm, and a dense and livable pattern of development; and WHEREAS, through the development review and building permit review process, the City has reviewed numerous development proposals in all of the zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard, and Flexible levels of review; and WHEREAS, the City has determined where the Community Development Code needs clarification and revision; and WHEREAS, the City desires for the Community Development Code to function effectively and equitably throughout the City; and 2 Ordinance No. 9643-23 WHEREAS, the City has determined that these amendments to the Community Development Code promote and support the public health, safety, morals, and welfare, of the City’s residents; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing, considered all public testimony and has determined that these amendments are consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt these amendments; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2. Zoning Districts, Section 2-100. Permitted Uses, Community Development Code, be amended to read as follows: Sec. 2-100. – Permitted uses. * * * * * * * * * * CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O US 19 I IRT OSR P CRNCOD IENCOD * * * * * * * * * * Nonresidential * * * * * * * * * * Community gardens X X X X X X X X X X * * * * * * * * * * Section 2. That Article 2. Zoning Districts, Division 3. Medium Density Residential District (“MDR”), Section 2-303. Flexible Standard Development, Community Development Code, be amended to read as follows: Section 2-303. – Flexible standard development. The following Level One uses are permitted in the MDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-303. “MDR” District Flexible Standard Development Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear (1) Attached Dwellings 10,000 100 25 5 10 30—40 2/unit Community Residential Homes (up to 14 residents) 5,000 50 25 5 10 30—40 1 per 2 residents Detached Dwellings 3,000—5,000 30—50 15 – 25 0—5 5 30—40 2/unit Residential Infill Projects (3) n/a n/a 10 – 25 0—5 0—5 30—40 2/unit 3 Ordinance No. 9643-23 Schools 40,000 200 25 10 25 30—40 ⅓ 1/3 students Utility/Infrastructure Facilities (2) n/a n/a 25 10 10 n/a n/a (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from a seawall. (2) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria set forth in Section 2-303(D). Flexibility Criteria: * * * * * * * * * * C. Detached dwellings. 1. The parcel of land proposed for development was an existing lot of less than 5,000 square feet and was not in common ownership with any contiguous property on May 1, 1998; 2. The parcel of land proposed for development was an existing lot less than 50 feet in width and was not in common ownership with any contiguous property on May 1, 1998; 3. Front setback: a. A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; b. The reduction in front setback will not adversely affect adjacent property values; c. The reduction in front setback is consistent with neighborhood character; and d. The reduction in front setback results in an efficient house layout. 43. Side setback: a. The reduction in side setback is limited to a single side setback; b. The reduction in side setback is necessary to permit the development or redevelopment of a vacant lot or lot improved with a substandard structure, the redevelopment of which would not otherwise be economically feasible. 54. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; b. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be economically feasible; or c. The structures located within the rear setback otherwise required in the MDR District are only used for accessory uses such as a swimming pool; and d. The structures located within the rear setback otherwise required in the MDR District are buffered with landscape material and fences to protect the privacy and value of adjacent properties. 65. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. D. Residential infill projects: 1. Single-family detached dwellings are the only permitted use eligible for residential infill project application; 4 Ordinance No. 9643-23 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity; other development standards; 3. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; 4. The uses within the residential infill project are otherwise permitted in the district; 5. The uses within the residential infill project are compatible with adjacent land uses; 6. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. ED. Schools. ***RELETTER REMAINING SUBSECTIONS, PENDING APPROVAL OF NEW D. ABOVE*** Section 3. That Article 2. Zoning Districts, Division 7. Commercial District (“C”), Section 2-702. Minimum Standard Development, Community Development Code, be amended to read as follows: Section 2-702. – Minimum standard development. The following uses are Level One permitted uses in the “C” District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-702. “C” District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Spaces Front Side Rear Community Gardens (4) n/a n/a n/a 15 5 5 n/a * * * * * * * * * * * * * * * * * * * * (4) Limited on-site retail sales may be permitted as an accessory use consistent with the criteria specified in Section 3-2602.B. * * * * * * * * * * Section 4. That Article 2. Zoning Districts, Division 12. Institutional District (“I”), Section 2-1202. Minimum Standard Development, Community Development Code, be amended to read as follows: Section 2-1202. – Minimum standard development. 5 Ordinance No. 9643-23 The following uses are Level One permitted uses in the Institutional “I” District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1202. “I” District Minimum Standard Development Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear * * * * * * * * * * Community Gardens (1) n/a n/a 15 5 5 n/a n/a * * * * * * * * * * (1) Limited on-site retail sales may be permitted as an accessory use consistent with the criteria specified in Section 3-2602.B. * * * * * * * * * * Section 5. That Article 2. Zoning Districts, Division 14. Open Space/Recreation District (“OSR”), Section 2-1402. Minimum Standard Development, be amended to read as follows: Section 2-1402. – Minimum standard development. The following uses are Level One permitted uses in the OSR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1402. “OSR” District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Community Gardens n/a n/a 10 5 5 n/a n/a * * * * * * * * * * Section 6. That Article 3. Development Standards, Division 8. Fences and Walls, be amended to read as follows: * * * * * * * * * * Section 3-803. – Design requirements. A. Where fences or walls are located in zoning districts governed by design standards established by Division 5 of this Article, including the Downtown (D), US 19, or Tourist (T) Districts, or within either the Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) or Island Estates Neighborhood Conservation Overlay District (IENCOD), the guidelines or standards of those districts shall apply. Where the design standards or guidelines are silent, fences or walls shall adhere to the standards within this Division. BA. Fences and walls placed within a required setback area shall be oriented so that the side of the fence or wall facing or viewable from a street right-of-way or an adjoining property is the finished side, with all support posts and stringers facing inward toward the property upon which the fence or wall is located. 6 Ordinance No. 9643-23 CB. If access to a portion of a fence is wholly or partially blocked by a building, fence, wall or other structure or by dense foliage located upon adjoining property and adjacent to, but not necessarily adjoining, the property line, the support posts for that portion of the fence, but not the stringers, may be installed on the outside of the fence, facing away from the property upon which the fence is located. DC. A fence or wall which exceeds 100 feet in length in any single horizontal plane along a street right-of-way shall either be offset to create inset areas of at least eight feet in width and depth for landscaping treatment or non-opaque openings in the walls or fence shall be provided through the use of wrought iron or similar types of wall treatment or some architectural features such as a column or other feature is used to offset the unbroken nature of the fence or wall. ED. All fences and walls located within a required setback area shall be provided with an opening or gate of sufficient width to allow access outside of the area enclosed by the fence or wall to such right-of-way for the purpose of facilitating maintenance of any required landscaping and the street right-of-way unless otherwise determined as impracticable by the Community Development Coordinator. F. Fences and walls shall comply with the sight visibility triangle requirements of Section 3- 904.A. Section 3-804. – Height requirements. The following height requirements shall apply to all fences, and walls, except chain link fences. A. Front. Walls and fFences and walls located between the in front of a principal structure and front property line shall be permitted to a maximum height of four feet 48 inches. Any fence or wall that exceeds three feet in height shall provide a three-foot-wide landscaped strip on the right-of-way side of the fence or wall consistent with the general landscaping standards in Section 3-1202 unless otherwise determined by the Community Development Coordinator. Additional fence height may be approved consistent with the following exceptions: 1. In the LDR, LMDR, MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work mayshall be permitted to a maximum height of six feet in a required front setback area as a Level One (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. a. In the HDR, MHP, C, T, D, O, I, IRT, OSR, and P zoning districts, PVC fences, brick or other masonry walls or walls with masonry columns linked by substantial grill work a fence or wall mayshall be permitted up to a maximum height of six feet in front of a principal structure provided the fence or wall is primarily open style, with separated pickets or a combination of brick or other masonry columns linked by substantial grillwork. Any other style of fence or wall may be requested as a Level One (flexible standard development). b. In the area of the T District governed by Beach by Design residential uses may request a fence or wall up to a maximum height of six feet, and all other uses may request a fence or wall up to a maximum height of four feet as a Level One (flexible standard development) provided the fence or wall is primarily open style, with separated pickets or a combination of brick or other masonry columns linked by substantial grillwork, meets the design guidelines of Beach by Design, and is integrated into any required landscaping. 7 Ordinance No. 9643-23 3. Walls, no greater than up to a maximum height of six feet, mayshall be permitted for the perimeter of any residential subdivision located within any zoning district. Such walls shall be architecturally compatible with the building design within the subdivision. 4. Corner and multi-frontage lots may be permitted a fence to a maximum height of six feet pursuant to Section 3-804.C. (Insert the following graphic) Fences and Walls: Front B. Side and rear. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot property line with the following exceptions: 1. Fences and walls may be permitted up to eight feet in height if located in the Industrial, Research, and Technology IRT District (“IRT”). 2. Fences and walls may be permitted up to eight feet in height in the Commercial District through a Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storage and residential zoning districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. 3. On those properties adjacent to water, fences proposed to be located within 20 feet of the property line adjacent to the water or within the required setback, whichever is greater, must be non-opaque and cannot exceed four feet 48 inches in height. (Insert the following graphic) 8 Ordinance No. 9643-23 Fences and Walls: Side and Rear C. Landscaping requirements. Any fence or wall that exceeds three feet in height and is located between a principal structure and any right-of-way shall provide a three foot wide landscaped strip on the right-of-way side of the fence. CD. Corner and multi-frontage lots. For the purposes of fence or wall placement on corner or multi-frontage lots, the front shall be the side of the front property line from which the property is addressed, and all other front property lines will be treated as a side property line(s), as illustrated below for the purpose of fencing. The placement of any fence or wall on this side the front of the property shall adhere to the provisions in Section 3-804.A.1 through 3, above. The other side of the property shall be considered a side and a A fence or wall may be erected in this area permitted on the side property line in compliance with the provisions in Section 3-804.B., above, provided: 1. The fence is consistent with the character and placement of any structures and setbacks on the adjoining properties, including the placement of the fence on the property line, as determined by the Community Development Coordinator. 2. The fence or wall shall be primarily open style, with separated pickets. 32. However, ifIf the side of the property is adjacent to a right-of-way that would be classified as an arterial or collector right-of-way by the City Engineer, then the fence or wall may be constructed consistent with the provisions in Section 3-804.B., above, regardless of the above condition of the placement of structures on and setbacks of adjoining properties, and may be solid/opaque. 4. Any fence or wall that exceeds three feet in height shall provide a three-foot-wide landscaped strip on the right-of-way side of the fence or wall consistent with the general landscaping standards in Section 3-1202 unless otherwise determined by the Community Development Coordinator. (Insert the following three graphics) 9 Ordinance No. 9643-23 Fences and Walls: Corner Lots Fences and Walls: Multi-Frontage Lots 10 Ordinance No. 9643-23 Non-opaque / open style or picket fence examples DE. Double frontage lots. For the purposes of fence or wall placement on double frontage lots, the front shall be the side of the front property line from which the property is addressed, and the opposite front property line will be treated as a rear property line for the purpose of fencing as illustrated below. The placement of any fence or wall on this side the front of the property shall adhere to the provisions in Section 3-804.A., above. The opposite side of the property shall be considered a rear and a A fence may be erected in this area permitted on the rear property line in compliance with the provisions in Section 3-804.B., above provided the following conditions exist: 1. The rear of both the adjacent lots on the same side of the street are oriented the same as the lot on which the fence or wall is proposed; and 2. The pattern of the dwellings across the street is also oriented with the rear facing the lots across the street. 3. If both of the above conditions cannot be met, such fence or wall in the rear shall not exceed four three feet in height. 4. However, if If the rear is adjacent to a right-of-way that would be classified as an arterial or collector right-of-way by the City Engineer, then the fence or wall may be constructed consistent with the provisions in Section 3-804.B., above, regardless of any of the above conditions. (Insert the following graphic) 11 Ordinance No. 9643-23 Fences and Walls: Double Frontage Lots EF. Exception for attached dwellings. No fence or wall over six feet in height shall be permitted on any attached dwelling lot, except where the fence or wall is installed along the boundary of the property, in which case the fence or wall shall be uniformly designed and shall meet the height limits and other standards otherwise applicable to the fence or wall. FG. Retaining walls, not including those walls associated with a detention pond which are regulated by Section 3-901, may be located between the principal structure and any front, side, or rear lot line, provided no portion of the wall that is located above grade exceeds 18 inches in height unless otherwise required to be of a greater height to satisfy and environmental or engineering need as determined by the City Engineer. GH. An equivalent combination of fence, wall, landscape berm or retaining wall may be utilized to achieve the maximum possible fence height; however, in no case shall the combined height of the structures exceed the maximum height provisions. H. Exception for gates, arbors, trellises, pergolas, and similar entry components. Gates, arbors, trellises, pergolas, and other similar entryway/access-enabling components incorporated into a fence or wall opening may include a height of no more than eight feet overall and may extend no more than one foot horizontally on each side of the opening and no more than three feet from the face of the fence or wall. * * * * * * * * * * Section 7. That Article 3. Development Standards, Division 9. General Applicability Standards, Section 3-902. Comprehensive plan densities/intensities, be amended to read as follows: Section 3-902. – Comprehensive plan densities/intensities. * * * * * * * * * * 12 Ordinance No. 9643-23 F. Mixed use Mixed-use projects. 1. A mixed-use determination will allow for nonresidential and residential land use to occur on the same lot. An application for a mixed-use development shall state the nonresidential Gross Floor Area (GFA) and the number of proposed residential dwelling units. 2. The application shall also provide the land area needed to support each land use based on the Future Land Use Plan classification. The combined land area needed to support the residential and nonresidential land use components shall not exceed the total existing land area. Vertical mixed-use projects in the Downtown District are exempt from this requirement. * * * * * * * * * * Section 8. That Article 3. Development Standards, Division 11. Home-Based Businesses, Section 3-1102. Standards, be amended to read as follows: Section 3-1102. - Standards. * * * * * * * * * * B. All home-based businesses shall conform to all of the following standards: 1. The activities of the home-based business shall be clearly secondary to the property's principal use as a dwelling unit and must be conducted entirely within the dwelling or a legal accessory structure located on the premises. 2. Home-based businesses occupations are permitted in an attached garage provided the required parking is retained and accessible. Home-based businesses occupations are prohibited in carports. * * * * * * * * * * Section 9. That Article 3. Development Standards, Division 12. Landscaping/Tree Protection, Section 3-1202. General landscaping standards, be amended to read as follows: Section 3-1202. – General landscaping standards. * * * * * * * * * * B. Plant Material Specifications. Except as provided in subsection (8) below, plant materials which are utilized to satisfy the landscaping required by this development code shall comply with the following minimum standards: * * * * * * * * * * 2. Exceptions. a. Exception for Ssingle-family detached and two-family attached dwellings.: The above size requirements with regard to shade trees and accent trees shall not be applied to single-family detached dwellings and two-family attached dwellings. For those uses shade trees shall have minimum height of eight feet and minimum caliper of two inches, and accent trees shall have minimum height of six feet and minimum caliper of one inch. b. Parks and athletic fields. Artificial turf may be used in lieu of plant materials in parks and athletic fields. * * * * * * * * * * 13 Ordinance No. 9643-23 F. Fences and walls. If a fence or wall in the front setback for any use exceeds 36 inches3 feet, a three-foot-wide landscaped strip landscaping shall be provided on the right-of-way side of the fence or wall (but not within the right-of-way), or consisting of a solid hedge or a mix of plantings such as shrubs, small trees, flowers and vines shall be installed at intervals along the entire fence or wall, appropriate to the species, sufficient to provide coverage at maturity. G. Comprehensive landscaping program. The landscaping requirements of this division may be waived or modified as a part of a Level One or Level Two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satisfies each of the following criteria: * * * * * * * * * * 7. Properties within the Downtown District. The landscape treatment proposed in the comprehensive landscape program for properties in the Downtown District shall not result in the reduction of the pedestrian and landscape improvements required in Appendix C, Division 4, Frontage Standards, except as provided for in Appendix C, Division 7, Flexibility. * * * * * * * * * * Section 10. That Article 3. Development Standards, Division 14. Parking and Loading, be amended to read as follows: Section 3-1407. – Parking restrictions in residential areas. A. Restrictions. For the dual purpose of preserving attractive residential areas within the city and promoting safe unimpeded traffic circulation throughout such neighborhoods, the following 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, residentially designated downtown property, or on any right-of-way contiguous to such properties 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. e. Any race car, dune buggy, farm equipment, 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 building line of the principal structure and any right-of-way line in a residential zoning district or on a residentially designated downtown property 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 trailers, motor homes and camping trailers. 14 Ordinance No. 9643-23 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 equipment, 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 zoning district or on a residentially designated downtown property 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 equipment, go kart, ATV, or other similar vehicle not designated for street operation. 4. Large vehicles. The following vehicles shall be not be parked or stored in any residential zoning districts or on any residentially designated downtown property: 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, including 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 duplex 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 parking space can not cannot be maintained as a grass area and is either reported by neighboring residents as a detrimental property 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, concrete, turf block or asphalt. Materials not permitted include crushed shell, mulch, millings or similar material. 67. 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 authorized in this section. * * * * * * * * * * Section 3-1408. - Parking restrictions in commercial nonresidential areas. A. 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. B. Boats or boat trailers, hauling trailers, and recreational vehicles shall not be parked or stored on any public right-of-way in nonresidential areas. 15 Ordinance No. 9643-23 Section 11. That Article 3. Development Standards, Division 18. Signs, be amended to read as follows: * * * * * * * * * * Section 3-1806. – Temporary signs. * * * * * * * * * * 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 3½ 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 * * * * * * * * * * 3 Permit information. a. A permit shall be obtained on a yearly basis. Sidewalk sign permits expire on September 30th of each year and shall be renewed yearly to continue displaying a sidewalk sign. 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 $1,000,000.00 in a form acceptable to the city, with the city named as additional insured shall also be provided. * * * * * * * * * * Section 3-1807 – Permitted Signs Requiring Development Review. * * * * * * * * * * 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. * * * * * * * * * * 6. Certain changeable message and copy signs. a. Freestanding eElectronic 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 40 percent of the overall permitted freestanding sign face area, shall be located on 16 Ordinance No. 9643-23 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 fifteen seconds. b. Freestanding eElectronic changeable message signs for a facility or venue that has seating for 2,000 or more people must also meet these additional criteria: (a) it is located on public property that exceeds 35 acres, (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. c. Attached electronic changeable message signage may be permitted for performing arts theaters in the Downtown zoning district provided: (a) the electronic changeable message area shall be designed as an integral component of the attached sign, (b) the electronic message area shall be contiguous to the other copy area of the sign face, (c) the attached electronic changeable message sign shall be located on a building canopy or building marquee, and (d) the attached electronic changeable message sign shall be located on a building façade abutting a street frontage. Performing arts theaters located on more than one street frontage may have an electronic changeable message sign on no more than two street frontages. The general message for attached electronic changeable message signs at theaters may change no more frequently than once every fifteen seconds. dc. 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. * * * * * * * * * * Section 3-1808. – Comprehensive sign program. * * * * * * * * * * B. Permitted signage. 1. Signage which is proposed as part of a Comprehensive Sign Program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in Section 3-1808.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in Section 3-1804 are not eligible for a Comprehensive Sign Program. Electronic changeable message signs, other than those allowed pursuant to Section 3-1807.B.6.c, back-lit awnings, cabinet signs, and raceway signs are not eligible to be utilized as signs as part of a Comprehensive Sign Program. 17 Ordinance No. 9643-23 * * * * * * * * * * Section 12. That Article 3. Development Standards, Division 21. Temporary uses, Section 3-2103. Allowable temporary uses, be amended to read as follows: Section 3-2103. - Allowable temporary uses. Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 as well as the specific criteria pertaining to each temporary use: * * * * * * * * * * Q. Temporary Community Garden Sale. 1. Allowable in association with all permitted community gardens; 2. Items for sale are restricted to produce and other horticultural plants grown on-site and value-added products such as pickles and jams; and 3. Allowable four times per property, per calendar year, but for no longer than 5 days per occurrence. Individual occurrences may not be consecutive. Section 13. That Article 3. Development Standards, Division 25. Dog-friendly restaurants, Section 3-2505. Permit expiration and revocation, be amended to read as follows: Section 3-2505. – Permit expiration and revocation. * * * * * * * * * * B. Dog-Friendly Restaurant pPermits shall expire on September 30 of each year and shall be renewed yearly to continue operation as a dog-friendly restaurant. * * * * * * * * * * Section 14. That Article 3. Development Standards, Division 26. Community Gardens and Urban Farms, Section 3-2602. Operational requirements, be amended to read as follows: Section 3-2602. – Operational requirements. * * * * * * * * * * B. Limited on-site sales.Sale of produce and plants. A community garden is not intended to be a commercial enterprise. The produce and horticultural plants grown in a community garden are not intended to be sold wholesale nor offered for sale on the premises. 1. On-site retail sales of the produce and horticultural plants grown in a community garden, including value-added products such as pickles and jams, and compost generated on-site are permitted as an accessory use only in the Commercial (C), Institutional (I), and Downtown (D) Districts. 2. No retail sale activities shall take place before 7:00 a.m. or after 9:00 p.m. All activities shall comply with the city’s noise ordinance. * * * * * * * * * * G. Fences. Only the following standards shall apply to fences surrounding community gardens. 18 Ordinance No. 9643-23 1. Fences shall be permitted up to a maximum height of four feet along the front property line(s) abutting any rights-of-way. Fences may be permitted up to a maximum height of six feet provided the fence is primarily open style with separated pickets. 2. Fences shall be permitted to a maximum height of six feet on any side or rear property line. 3. Gates, arbors, trellises, pergolas, and similar entry components. Gates, arbors, trellises, pergolas, and other similar entryway/access-enabling components incorporated into a fence or wall opening may include a height of no more than eight feet overall and may extend no more than one foot horizontally on each side of the opening and no more than three feet from the face of the fence or wall. Section 15. That Article 4. Development Review and Other Procedures, Division 2. General Procedures, Section 4-201. Optional pre-application conference, be renamed and amended to read as follows: Section 4-201. – Optional Ppre-application conference. A. Applicants for a proposed development in the US 19 or Downtown zoning districts shall have a pre-application conference with the Community Development Coordinator or his/her designee prior to development application, unless otherwise waived by the Community Development Coordinator, to review the preliminary site plan, building elevations, and other materials required by the Community Development Coordinator. Those development projects that are exempt from the US 19 Zoning District and Development Standards pursuant to Section B-104.C or the Downtown District and Development Standards pursuant to Section C-104.B shall be exempt from this requirement. B. Projects in all other zoning districts. An applicant for development approval may request an informal conference with the community development coordinator prior to filing an application for the purpose of discussing the proposed development and to identify the views and concerns of the applicant and the city's professional staff. Section 16. That Article 4. Development Review and Other Procedures, Division 6. Level Three Approvals, Section 4-606. Development Agreements, be amended to read as follows: Section 4-606. – Development agreements. * * * * * * * * * * B. Application requirements. In addition to the basic information required by Section 4-202.A. and the fee required by Section 4-202.F., an application for approval of any type of development agreement shall be accompanied by: 1. A statement of the requested duration of the agreement, which shall not exceed ten years for a hotel density reserve development agreement and 20 thirty (30) years for a general development agreement. * * * * * * * * * * C. Staff review and report. 1. Hotel Density Reserve Development Agreements. The community development coordinator shall review the application for a hotel density reserve development agreement with the development review committee in accordance with the provisions 19 Ordinance No. 9643-23 of Section 4-202(C) and (D) and shall prepare a written recommendation to the City Council. 2. General Development Agreements. The community development coordinator shall review the application for a development agreement with the development review committee in accordance with the provisions of Section 4-202(C) and (D) and shall prepared a written recommendation to the community development board. * * * * * * * * * * G. Contents of development agreement/recording. 1. Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years for a hotel density reserve development agreement or 20 thirty (30) years for a general development agreement. * * * * * * * * * * J. Expiration or revocation of approval. The city manager shall review all lands within the city subject to a development agreement at least once every 12 months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement. The city manager shall make an annual report to the city council as to the results of this review in the event a finding is made that that a property owner has not demonstrated good-faith compliance with the agreement terms. In the event the city council finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the development agreement may be revoked or modified by the city council upon giving at least 15 days written notice to the parties named in the development agreement. Such termination of a development agreement shall occur only after compliance with the public hearing and notice requirements of Section 4-206. Section 17. That Article 8. Definitions and Rules of Construction, Section 8-102. Definitions, be amended to read as follows: Section 8-102. – Definitions For the purposes of this Development Code, the following words and terms have the meanings specified herein: * * * * * * * * * * Community gardens means a use of property where more than one person grows produce and/or horticultural plants for their personal consumption and enjoyment, for the consumption and enjoyment of friends and relatives and/or donation to a not for profit organization, or the consumption and enjoyment of others through limited incidental retail sale on-site of goods grown on-site as permitted by the zoning district. Community gardens may also be designed for beautification of the community, and/or may be used for educational purposes. * * * * * * * * * * Duplex means an attached dwelling with two dwelling units. 20 Ordinance No. 9643-23 * * * * * * * * * * (Remove existing graphic and replace with new graphic) Lot, multi-frontage, means a lot bounded by three or more street rights-of-way. * * * * * * * * * * 21 Ordinance No. 9643-23 Porch means a roofed, unenclosed structure attached to a residence consisting of a floor that is typically raised above finished grade of a lot. * * * * * * * * * * Residentially designated downtown property means any parcel of property in the Downtown (“D”) District designated with Street Types E or F on Figure 2. Regulating Plan – Street Types and Key Corners, as contained in Appendix C of this Development Code. * * * * * * * * * * Stoop means the elevated landing and stairs leading to the main entrance of a residence. * * * * * * * * * * Section 18. That Appendix B. US 19 Zoning District and Development Standards, Division 1. General Provisions, Section B-104. Applicability of Development Standards, be amended to read as follows: Section B-104. – Applicability of Development Standards. * * * * * * * * * * C. Exemptions The following types of development are exempt from all or a portion of the Development Standards as follows. * * * * * * * * * * 5. Change of Use. Projects involving only a change in use are exempt from the Development Standards in Appendix B, Divisions 4, 5 and 6, but shall comply with the bicycle parking standards in Section B-303.D when the change of use results in an increase in the minimum number of bicycle parking spaces required. When applicable, this shall only apply to the increase in bicycle parking required for the new use. 6. Improvement, Remodel, or Reconstruction. Building improvement and remodel projects, including reconstruction of buildings in the general location or footprint of buildings being replaced, with up to 5 percent additional gross floor area, shall be exempt from the Development Standards as follows. a. Building improvement, remodel, or reconstruction projects valued at less than 25 percent of the total assessed building value as reflected in the Property Appraiser’s current records at the time of application are exempt from the Development Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator, and bicycle parking shall be provided for any new floor area consistent with the bicycle standards in Section B-303.D. b. Building improvement, remodel, or reconstruction projects valued at 25 percent or more of the total assessed building value as reflected in the Property Appraiser’s current records at the time of application, are exempt from all but the pedestrian walkway standards in B-503.C, the surface parking and service area standards in B- 504.A.1, the bicycle parking standards in B-504.C, and the landscape requirements in B-505.A of these standards, which shall be brought into compliance to the greatest extent practicable as determined by the Community Development Coordinator. Additionally, the location of any new floor area, including accessory structures, shall 22 Ordinance No. 9643-23 be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator, and bicycle parking shall be provided for any new floor area consistent with the bicycle standards in Section B-303.D. Landscape requirements in B.504.A.1 and B.505.A may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1202.G 3-1204.G. * * * * * * * * * * Section 19. That Appendix B. US 19 Zoning District and Development Standards, Division 2. Regulating Plan, Figure 1. Regulating Plan, be amended to read as follows: (Remove existing Figure 1. Comprised of 6 maps and replace with the following 6 maps which have been updated to reflect the annexation of the following properties: 18600 US Highway 19; 24479 US Highway 19; two unaddressed properties on the east side of US Highway 19, south of Sunset Point Road; and portions of: 2891 Gulf to Bay Boulevard, 2975 Gulf to Bay Boulevard, and 2970 Gulf to Bay Boulevard.) 23 Ordinance No. 9643-23 24 Ordinance No. 9643-23 25 Ordinance No. 9643-23 26 Ordinance No. 9643-23 27 Ordinance No. 9643-23 28 Ordinance No. 9643-23 29 Ordinance No. 9643-23 Section 20. That Appendix B. US 19 Zoning District and Development Standards, Division 3. Subdistrict Standards, be amended to read as follows: Section B-303. – Permitted Uses & Parking A. Use & Off-Street Parking Table Permitted uses and approval levels by Subdistricts, along with off-street parking requirements, are listed in Table 2. Use and & Off-Street Parking. Active uses are required at identified key corners, as defined in Section B-303.B. Pursuant to Section B-801, new construction projects on sites of 10 acres or more shall require at a minimum a Level One (flexible standard development) approval unless the proposed use or proposal otherwise requires a Level Two (flexible development) approval. Table 2. Use and Off-Street Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off-Street Parking Spaces * * * * * * * * * * NONRESIDENTIAL USES * * * * * * * * * * Nightclubs FLS FLS FLS 1. See footnote 1. 2. See footnote 2. 4/1,000 SF GFA * * * * * * * * * * Schools FLD FLD FLS FLD 1. All off-street parking is located at least 200 feet from any property designated as residential in the Zoning Atlas. 1 per 3 students or as determined by the community development coordinator based on Florida Building Code parking standards * * * * * * * * * * Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed Permitted New construction projects on sites of 10 acres or more shall require, at a minimum, a Level One (flexible standard development) approval unless the proposed use or proposal otherwise requires a Level Two (flexible development) approval. * * * * * * * * * * C. Parking Reduction For all uses listed in Table 2. Use & Off-Street Parking, a reduction in the minimum number of parking spaces may be approved. The combined effect of all applicable reductions in 30 Ordinance No. 9643-23 this section shall not reduce the off-street parking required by more than 25 percent without a parking demand study pursuant to the flexibility provisions in Section B-703.A. Parking reduction factors are provided in Table 3. Parking Reduction Factors. * * * * * * * * * * D. Bicycle Parking 1. Short-term and long-term bicycle parking requirements are listed in Table 4. Bicycle Parking. Table 4. Bicycle Parking Use Short Term Spaces Long Term Spaces Attached Dwellings (1 – 100 units) 2 min., or 1 space per 10 units 1 per 2 dwelling units. Units with private garage or private storage space are exempt. Attached Dwellings (101+ units) 1 space per 20 units 1 per 4 dwelling units. Units with private garage or private storage space are exempt. Bars, Brewpubs, Restaurants 2 min., or 1 per 5,000 SF GFA None Offices 2 min., or 1 per 10,000 SF GFA 2 min., or 1 per 10,000 SF GFA Parking Garages 6 min., or 1 per 20 vehicle parking spaces, whichever is greater None Public Transportation Facilities 10 min., or 1 per 5,000 SF GFA 4 min., or 1 per 10,000 SF GFA Retail Sales and Services, Retail Plazas, Alcoholic Beverage Sales 2 min., or 1 per 5,000 SF GFA None All Other Nonresidential Uses 2 min., or 1 per 10,000 SF GFA None 2. All short-term bicycle parking areas shall be in highly visible locations along pedestrian walkways and near building entries. 3. All bicycle parking provided shall comply with the bicycle parking standards in Section 3-1411 of this Development Code. ***RELETTER REMAINING TABLES IN APPENDIX B, PENDING APPROVAL OF NEW TABLE 4. ABOVE*** Section 21. That Appendix B. US 19 Zoning District and Development Standards, Division 4. Street Frontage Standards, be amended to read as follows: Section B-401. – General. Street frontage standards in this section regulate conditions along the five street frontages types established in Section B-203. Street Frontage Types and, include building, setbacks and spacing, pedestrian and landscape improvements, parking and vehicular circulation, and front building facades and entries. The location and extent of each street frontage type is illustrated in Figure 1. Regulating Plan. Table 54. Summary of Street Frontage Standards provides an overview of requirements by street frontage type. 31 Ordinance No. 9643-23 Table 54. Summary of Street Frontage Standards Standard Type A Type B Street Frontage Type C Type D Type E * * * * * * * * * * * * * * * * * * * * Section B-402. – Type A street frontage. * * * * * * * * * * E. Front Building Facades and Entries In addition to the building design standards in Division 6, the following standards for front building facades and entries shall apply. 1. Ground floor front building facades shall generally be aligned along front setbacks parallel to streets and be designed to meet the following standards. a. For a building with a nonresidential use, a minimum of 40 percent of the total area of the ground floor façade shall be comprised of transparent windows or doors. Glass utilized to provide this transparency shall have visible light transmittance to the maximum allowed by the Energy Code, shall not have reflective or mirrored coating or other treatments including but not limited to dark tinting, colored or opaque films, boards or paint. For the ground floor front facades of buildings with non-residential uses, a minimum of 40 percent of the total area of the ground floor facade shall consist of storefront windows and doors with transparent glazing with no more than 10 percent daylight reduction (tinting) and no reflective or mirrored coating or treatment. * * * * * * * * * * Section B-403. – Type B street frontage. * * * * * * * * * * E. Front Building Facades and Entries In addition to the building design standards in Division 6, the following standards for front building facades and entries shall apply. 1. Ground floor front building facades shall generally be aligned along front setbacks parallel to streets and be designed to meet the following standards. a. For a building with a nonresidential use, a minimum of 40 percent of the total area of the ground floor façade shall be comprised of transparent windows or doors. Glass utilized to provide this transparency shall have visible light transmittance to the maximum allowed by the Energy Code, shall not have reflective or mirrored coating or other treatments including but not limited to dark tinting, colored or opaque films, boards or paint. For the ground floor front facades of buildings with non-residential uses, a minimum of 40 percent of the total area of the ground floor facade shall consist of storefront windows and doors with transparent glazing with no more than 10 percent daylight reduction (tinting) and no reflective or mirrored coating or treatment. * * * * * * * * * * Section B-404. – Type C street frontage. * * * * * * * * * * E. Front Building Facades and Entries 32 Ordinance No. 9643-23 In addition to the building design standards in Division 6, the following standards for front building facades and entries shall apply. 1. Ground floor front building facades shall generally be aligned along front setbacks parallel to streets and be designed to meet the following standards. a. For a building with a nonresidential use, a minimum of 40 percent of the total area of the ground floor façade shall be comprised of transparent windows or doors. Glass utilized to provide this transparency shall have visible light transmittance to the maximum allowed by the Energy Code, shall not have reflective or mirrored coating or other treatments including but not limited to dark tinting, colored or opaque films, boards or paint. For the ground floor front facades of buildings with non-residential uses, a minimum of 40 percent of the total area of the ground floor facade shall consist of storefront windows and doors with transparent glazing with no more than 10 percent daylight reduction (tinting) and no reflective or mirrored coating or treatment. * * * * * * * * * * Section 22. That Appendix B. US 19 Zoning District and Development Standards, Division 5. Site Design Standards, be amended to read as follows: * * * * * * * * * * Section B-502. – Development Pattern. * * * * * * * * * * B. Drive Networks * * * * * * * * * * 3. New primary and secondary drives shall be designed consistent with the standards in Table 65. Locational & Design Standards for New Drives. Table 65. Locational and Design Standards for New Drives Drive Type Locational & Design Standards * * * * * * * * * * * * * * * * * * * * Section B-503. – Access and circulation. * * * * * * * * * * B. Reconstruction of Sidewalks & Landscaping Reconstruction of existing sidewalks and landscape within rights-of-way shall be required. To the extent possible given right-of-way limits and utility conflicts, and with approval of the FDOT, Pinellas County, and/or the City, reconstruction shall follow the general standards for landscaping and sidewalks provided in Table 65. Locational & Design Standards for New Drives. * * * * * * * * * * D. Cross Parcel Connections To facilitate circulation and improve accessibility, vehicle and pedestrian facilities networks on adjacent sites shall be interconnected. Parking Existing and planned parking lot drive aisles and pedestrian walkways shall be aligned and connected with abutting sites. In cases 33 Ordinance No. 9643-23 where no connection exists on an abutting developed site, and drive aisle and pedestrian walkway stub outs shall be constructed on properties abutting undeveloped sites to allow for future connections. * * * * * * * * * * Section B-504. – Parking & Service Areas. A. Surface Parking & Service Area * * * * * * * * * * 3. Surface parking spaces provided between 85 percent and 125 percent of the minimum required in Table 2. Use & Off-Street Parking may utilize reinforced grass or other permeable surface. All surface parking spaces provided in excess of 125 percent of the minimum required in Table 2. Use & Off-Street Parking shall utilize reinforced grass or other permeable surface. All driveways and/or access aisles shall be improved with a permanent all-weather paving material which is graded to drain stormwater, consistent with Section 3-1403.A. * * * * * * * * * * C. Bicycle Parking Projects shall provide space and racks for bicycle parking to accommodate at least one parked bike for every 10 vehicle parking spaces. All bicycle parking areas shall be in highly- visible locations along pedestrian walkways and near building entries, and shall comply with bike rack standards in Section 3-1411. * * * * * * * * * * Section B-506. – Stormwater Management. Stormwater retention and detention areas are not permitted in front setbacks or between any street and any building landscape zones unless located underground in exfiltration trenches or open-bottomed underground storage and retention systems, or as part of a Low Impact Development stormwater management system incorporating features such as rain gardens and vegetative swales, or pervious pavers or pavement for pedestrian use. Traditional stormwater facilities such as dry and/or wet retention/detention ponds are permitted to the rear and side of buildings. * * * * * * * * * * Section 23. That Appendix B. US 19 Zoning District and Development Standards, Division 6. Building Design Standards, be amended to read as follows: Section B-602. – Façade treatment and design. * * * * * * * * * * B. Limited Blank Facades Blank sections of ground floor building façades fronting or within view of streets, pedestrian walkways, or other and public spaces shall not exceed 20 feet in length. Elements such as windows, doors, balconies, columns, pilasters, changes in material, or other architectural details that provide visual interest shall be distributed across the façade in a manner consistent with the overall design of the building. * * * * * * * * * * 34 Ordinance No. 9643-23 E. Upper Floor Facade Articulation and Fenestration * * * * * * * * * * 3. To minimize blank façade areas along street frontages, façades fronting streets and new primary drives shall provide fenestration (doors, windows or other openings) to an extent of a minimum of 20 percent of each floor's façade area as measured between finished floor and finished ceiling. * * * * * * * * * * Section B-604. – Building entries. * * * * * * * * * * B. Design Treatment Building entries shall be distinguished by facade design, accomplished through the use of a combination of materials, articulation, or other architectural treatments such as variation in building height, arches, canopies, columns, towers, or similar treatments that provide interest to the building facade and draw attention to the entrance. * * * * * * * * * * Section B-606. – Mechanical equipment. Outdoor mechanical, electrical, and communication equipment, including heating, air conditioning, and ventilation equipment; venting and vent terminations for commercial hoods; electric meters; mechanical penthouses; electrical and communication equipment, panels, and cabinets; satellite dishes; and similar features shall be located and designed to meet all of the following standards. A. Equipment Placement. Equipment shall be placed on roofs or to the rear or side of buildings and shall not be placed in front setbacks or between any street and any building. B. Equipment Screening. 1. Ground-mounted mechanical Eequipment shall be screened from public view by landscape screens or architecturally-finished walls and enclosures designed consistent with the exterior façade of the building. 2. Rooftop-mounted mechanical and equipment shall be screened by a parapet wall, articulated roofline or other roof screen, or similar device that is integrated into the building’s architectural design and of a height equal to or exceeding the height of the mechanical equipment being screened. 3. Eelevator penthouses shall be designed to complement the design of street-facing building façades and shall be clad on all sides in material used on street-facing façades. Section 24. That Appendix B. US 19 Zoning District and Development Standards, Division 7. Flexibility, be amended to read as follows: Section B-703. – Flexibility provisions. Flexibility may be approved subject to the standards below. A. Subdistrict Standards – Off-Street Parking 35 Ordinance No. 9643-23 * * * * * * * * * * B. Street Frontage Standards - Building Setbacks 1. Front building setbacks less than the minimums or greater than the maximums allowed in Appendix B, Division 4 may be approved for projects with site constraints such as shape irregularities and/or the presence of natural features, existing utilities, utility easements, or access easements making meeting setback requirements impractical or infeasible. Where front building setbacks are reduced, required pedestrian areas along front building facades may be reduced by no more than 20 percent, and the landscape area may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1202.G 3-1204.G. * * * * * * * * * * E. Street Frontage Standards - Front Building Facades and Entries 1. For buildings on interior lots, front building façade and entry flexibility may be approved for only one of the following, as illustrated in Figure 16. Interior Lot Frontage Design Flexibility. a. For buildings along Street Frontage Types A, B, and C, the extent of transparent glazing along a building's ground floor front facade may be reduced to 25 percent if the building's ground floor side facade is designed to meet standards applicable to the front facade, including requirements for pedestrian and landscape improvements. b. Building entries along a side façade may be approved in lieu of entries on the front façade, as required in Appendix B, Division 4 and in Section B-604.A, if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet all standards applicable to front facades, including requirements for transparency and pedestrian and landscape improvements. 2. For buildings on corner lots, front building façade and entry flexibility provisions for corner lots may be approved for only one of the following, as illustrated in Figure 17. Corner Lot Frontage Design Flexibility. a. For buildings at corner locations, theThe extent of transparent glazing along the building’s ground floor front facade with the lowest level of existing or planned pedestrian activity may be reduced to 25 percent. These flexibility provisions are illustrated in Figure 16, Frontage Design Flexibility. 3. Flexibility in the application of entry location standards in Appendix B, Division 4 and in Section B-604.A may be approved consistent with one of the following. a. Building entries along a side facade may be approved in lieu of entries on the front facade if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet standards applicable to front facades, including requirements for pedestrian and landscape improvements. b. For buildings at corner locations, building Building entries along one front facade may be approved in lieu of entries on both front facades, as required in Appendix B, Division 4 and in Section B-604.A, if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet all standards applicable to front facades, including requirements for transparency and pedestrian and landscape improvements. 3. For projects on sloping sites where site grades make meeting the requirements for finished floor elevation standards for residential buildings in Appendix B, Division 4 impractical or infeasible, a finished floor elevation of up to 48 inches may be approved. For those portions of a residential building that are used for nonresidential uses such as lobbies, fitness centers, or similar shared spaces, a finished floor elevation of less than 18 inches may be approved. 36 Ordinance No. 9643-23 (Remove existing Figure 16 comprised of 1 image and replace with the following Figure 16 and Figure 17) Figure 16. Frontage Design Flexibility - Interior Lot Figure 17. Frontage Design Flexibility - Corner Lot 37 Ordinance No. 9643-23 F. Site Design Standards - Development Pattern Flexibility in the application of requirements for development blocks and drive networks found in Section B-502.A and Section B-502.B for new streets and drives and development blocks may be approved for projects on sites where the applicant demonstrates that site size, dimension, shape, or presence of constraints such as natural areas, utilities or utility easements, or other existing features make meeting these requirements infeasible. G. Site Design Standards - Cross Parcel Connections 1. Flexibility in the provision of cross parcel connections may be approved under one or more of the following circumstances. a. Where a new or improved connection could result in cut-through traffic on streets serving residential uses. b. Where site grades, natural areas, or other site constraints make meeting the requirements impractical or infeasible. c. Where applicants can satisfactorily demonstrate to the Community Development Coordinator that the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical or where the applicant demonstrates that all reasonable steps were taken to secure joint and cross access easements and that such steps failed. 2. Where flexibility in the standard is allowed, pedestrian Pedestrian connections shall be provided where vehicular connections are found to be inappropriate, impractical, or infeasible. H. Site Design Standards - Pedestrian Walkways through Parking Lots Flexibility in the provision of pedestrian walkways through parking areas required in Section B-503.C for vehicle sales/displays uses may be approved provided the project’s pedestrian- and transit- orientation and connectivity to adjacent parcels is not negatively affected. I. Site Design Standards - Fences & Walls Along Street Frontages Flexibility in the prohibition of fences and walls in front of buildings along Street Frontage Types A, B, and C in Section B-505.B may be approved where the placement of a fence or wall in front of the building does not negatively affect the project’s pedestrian- and transit orientation, or connectivity to adjacent parcels. This provision shall not apply to low (24 to 36 inches) opaque walls required for screening of parking or automobile service stations. J. Site Design Standards - Stormwater ManagementFacility Location Flexibility in the location of stormwater facilities may be approved in one or more of the following circumstances. 1. Where natural drainage features are maintained and conserved as an integral part of the project’s site design. 2. Where placement of stormwater facilities in front setbacks or between front building facades and public sidewalks does not negatively affect the project’s pedestrian- and transit-orientation, limit connections between building entries and public sidewalks, or require building placement and front building facade designs that do not comply with requirements. K. Building Design Standards - Facade Design & Articulation Flexibility in meeting the facade design and articulation standards for limited blank facades in Section B-602.B, façade bays in Section B-602.C, and upper floor façade articulation in B-602.E may be approved where the alternative design treatment provides a varied and 38 Ordinance No. 9643-23 interesting design, and the alternative treatment is integral to the building’s design and results in facades of equal or better quality than the standards would produce. Section B-704. – Flexibility Provisions for Special Project Types A. Special Project Types 1. Flexibility in meeting the frontage, site, and building standards in Divisions 4, 5, and 6 for large-scale mixed use projects and projects with employment-intensive land uses may be approved by the Community Development Board. Projects meeting the following criteria are defined as special project types for the purpose of this section. a. Projects on sites greater than 20 acres with a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. b. Projects on sites greater than 10 acres with a proposed FAR greater than 1.25 and a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. c. Projects on sites greater than 52.5 acres with employment-intensive land uses meeting the criteria for such uses as defined in the Economic Development Strategic Plan and providing opportunity for significant economic contribution to the City by diversifying the local economy; by creating jobs with average wages exceeding the annual average wage of Pinellas County; and which attract, retain, and expand primary industries. * * * * * * * * * * Section 25. That Appendix B. US 19 Zoning District and Development Standards, Division 8. Administration, Section B-801. Site plan approvals, be amended to read as follows: Section B-801. – Site plan approvals. A. Required Pre-Application Conference A pre-application conference shall be required for all development applications within the US 19 District unless the development is exempt from the Development Standards pursuant to Section B-104.C or this requirement is otherwise waived by the Community Development Coordinator. B. Approval Authority The final decision-making authority for site plans is either the Community Development Coordinator for Level One approvals or the Community Development Board for Level Two approvals, as specified in Article 4. The level of approval required varies by use and subdistrict as specified in Article 4 and Table 2. Use &and Off-Street Parking, which identifies whether a use can be approved as a Building Construction Permit (Level 1 Minimum Standard), or if Community Development Coordinator (Level One Flexible Standard Development) or Community Development Board (Level Two Flexible Development) approval is required. Projects on sites of 10 acres or more shall require at a minimum a Level One (flexible standard development) approval. Projects requesting flexibility in the application of Design Standards shall follow the process established in Section B-702. 39 Ordinance No. 9643-23 Section 26. That Appendix C. Downtown District and Development Standards, Division 1. General Provisions, Section C-104. Applicability of development standards, be amended to read as follows: Section C-104. – Applicability of development standards. * * * * * * * * * * B. Exemptions The following types of development are exempt from all or a portion of the Development Standards as follows: 1. Change of Use. Projects involving only a change in use are exempt from the Development Standards in Appendix C, Divisions 4, 5 and 6 and bicycle parking requirements in Section C-303.C of these standards. 2. Detached Dwellings. Detached dwellings lawfully existing on the date of the original adoption (August 2, 2018) of these Development Standards may be expanded or rebuilt. The location of any new or reconstructed floor area shall be compliant with all setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Existing driveways or parking that does not comply with the parking location standards for the applicable frontage type may remain. Existing carports may be enclosed, but new garages shall comply with Section C-505. 3. Improvement or Remodel. Building improvement and remodel projects, including projects with up to 7.5 percent or 5,000 square feet of additional gross floor area, whichever is less, excluding detached dwellings, shall be exempt from the Development Standards as follows. a. Building improvement or remodel projects valued at less than 25 percent of the total assessed building value as reflected in the Property Appraiser's current records at the time of application or as established by a qualified independent appraiser using a recognized appraisal method are exempt from the Development Standards in Appendix C, Divisions 4, 5 and 6, except that the location of any new floor area, including accessory structures, shall be compliant with all setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. b. Building improvement or remodel projects valued at 25 percent or more of the total assessed building value as reflected in the Property Appraiser's current records at the time of application or as established by a qualified independent appraiser using a recognized appraisal method are exempt from all but Sections the existing street preservation standards in C-502.A, the pedestrian circulation and access standards in C-503.C, the parking and service area standards in C-504, and the landscaping and fencing/walls in C-506 of these standards, which shall be brought into compliance to the greatest extent practicable as determined by the Community Development Coordinator. Additionally, the location of any new floor area, including accessory structures, shall be compliant with all setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. 4. Historic Designated Structures. The Community Development Coordinator may waive the Development Standards for the renovation, expansion, or development of structures which have been designated historic in accordance with the provisions of Section 4-607. Changes to such structures shall comply with the standards for historic preservation in Article 23, Division 10. 40 Ordinance No. 9643-23 5. Parks and Recreation Facilities. Parks and Recreation Facilities on publicly owned land shall comply with the Development Standards in Appendix C, Divisions 3, 4, 5, 6, and 7 to the maximum extent practicable as determined by the Community Development Coordinator. Section 27. That Appendix C. Downtown District and Development Standards, Division 2. Regulating Plan, Section C-203. Street type regulating plan and Figure 2. Regulating Plan – Street Types and Key Corners, be amended to read as follows: Section C-203. – Street type regulating plan. A. Street Types and Key Corner Locations Figure 2. Regulating Plan – Street Types and Key Corners establishes the applicability of development standards in Appendix C, Division 4 based on a site's location along streets and at key corner locations. As shown in Figure 2. Regulating Plan – Street Types and Key Corners, streets are assigned a street type in descending alphabetical order based upon intensity of pedestrian activity, or as determined by the Community Development Coordinator. with high High levels of existing and planned pedestrian activity are assigned Street Types A, B or C; streets with modest levels of existing and planned pedestrian activity are assigned Street Type D; and streets with residential uses and the least amount of existing and planned pedestrian activity are assigned Street Types E and F. For sites at locations identified as key corners, specific development standards related to ground floor uses are included in Appendix C, Division 4. The Service Street Type is applied to public streets and alleys with very low levels of anticipated pedestrian activity that provide access to parking and service areas. B. Street Types Assignment 1. Along existing or proposed new public streets or for properties where street types are not depicted on the Regulating Plan, an appropriate street type shall be established by the Community Development Coordinator as part of an application for development approval. 2. If a property is landlocked, the Community Development Coordinator shall determine which street type shall be utilized for the purpose of establishing setbacks. C. View Corridors The view corridor at the western terminus of Nicholson Street shall be preserved through an open space corridor the width of the Nicholson Street right-of-way. The corridor shall extend to the west to the mean high water line. Hardscaping improvements may occupy this space provided the height does not exceed the average pre-development grade of the property within the open space corridor. View corridors are shown on Figure 2. Regulating Plan—Street Types and Key Corners. (Remove existing Figure 2. and replace with the following maps that include additional street labels, adds street type designations where missing on Turner Street and Bay Avenue, and removes the designation of an unnamed alley located at 110 S. Ft. Harrison Avenue vacated by the city on October 20, 2022) 41 Ordinance No. 9643-23 42 Ordinance No. 9643-23 * * * * * * * * * * Section 28. That Appendix C. Downtown District and Development Standards, Division 3. Character District Standards, be amended to read as follows: * * * * * * * * * * Section C-302. – Building height. A. Maximum Building Heights. The maximum building height for each character district is shown on Figure 8. Maximum Height & Height Transitions. 43 Ordinance No. 9643-23 B. Height Transitions. 1. Buildings greater than 75 feet in height shall provide at least a 15-foot minimum façade step back from the lower floor façade at or between the 3rd and 6th floors 3 through 6 along their frontages or along their primary street frontage if site has multiple street frontagesabutting public streets. Buildings greater than 150 feet in height shall have an additional 15-foot minimum façade step back at or between the 12th and 15th floors 12 through 15 along their frontages or along their primary street frontage if site has multiple street frontages abutting public streets. 2. Buildings along the boundary of the Downtown District and/or those properties within the Downtown District for which the permissible maximum height would be greater than 10 feet higher than the permissible maximum height on an abutting parcel (see Figure 8) shall have at least a 15-foot minimum facade step back from the lower floor facade at or between the 3rd and 6th floor along the property line(s) which abut the boundary and/or property with a lesser permissible height. 3. To avoid a monotonous streetscape, a building shall not replicate the step back configuration of the neighboring adjacent buildings including those directly across rights-of-way. 4. In addition to the step back requirements above, buildings, or portions of buildings located on properties that are two acres or larger in size and located west of North Osceola Avenue and north of Seminole Street, but not fronting on Cedar Street, and are greater than 30 feet in height shall not be closer than 30 feet to any property. * * * * * * * * * * (Remove existing Figure 6. Comprised of 1 map and replace with the following map adding Vertical Mixed-Use Exemption and corresponding footnote) 44 Ordinance No. 9643-23 * * * * * * * * * * Section C-303. – Permitted uses and parking. A. Use and Off-Street Parking Table. Permitted uses and approval levels by character district, along with off-street parking requirements, are listed in Table 1. Use and Off-Street Parking. B. Residential and Overnight Accommodation (bed and breakfast) use restrictions. Only residential and overnight accommodations (bed and breakfast) uses, where permitted, are allowed in the Urban Residential 2, Neighborhood Infill, and Neighborhood Conservation Frontages as defined in Appendix C, Division 4 except as provided for in Division 8. Flexibility. 45 Ordinance No. 9643-23 Table 1. Use and Off-Street Parking Use Downtown Core Old Bay South Gateway Prospect Lake Downtown Gateway Use Specific Criteria Minimum Off-Street Parking Spaces * * * * * * * * * * NONRESIDENTIAL USES * * * * * * * * * * Community Gardens BCP BCP BCP BCP BCP None Limited on-site retail sales may be permitted as an accessory use consistent with the criteria specified in Section 3-2602.B. N/A * * * * * * * * * * Overnight Accommodations (Bed & Breakfast) X BCP BCP X BCP X 1. The use is accessory to the use of the principal building as a private residence. 2. An owner or manager shall reside on the premises in the principal building. 3. Food service in conjunction with the overnight accommodations shall be limited to guests of the use, and shall include at a minimum service of breakfast to guests. 4. Off-street parking is screened to a height of four feet by a landscaped wall or fence so that headlamps from automobiles in the off-street parking area cannot project into adjacent properties and streets. 5. Receptions or parties of any kind are prohibited. 2/dwelling unit plus 1/ overnight accommodation unit Overnight Accommodations (Hotel) BCP BCP BCP X BCP BCP None 0.75/unit * * * * * * * * * * Self Storage Warehouses FLS X FLS FLS FLS X 1. The use shall be secondary to and shall not exceed 25 percent of the gross floor area of the building in which it is located another principal use. 2. Leasing office and other non-storage customer service areas shall be incorporated into the N/A 46 Ordinance No. 9643-23 Table 1. Use and Off-Street Parking Use Downtown Core Old Bay South Gateway Prospect Lake Downtown Gateway Use Specific Criteria Minimum Off-Street Parking Spaces building frontage along the primary street. 3. Outdoor storage of any kind shall be prohibited. 4. Access to individual storage spaces shall be provided from within the building. 54. All loading areas, including bays and loading zones used for the placement of personal products onto, or removal from, a transportation vehicle shall be provided along the interior side or rear of the building and screened from view. * * * * * * * * * * Footnotes: 1. The use shall not be located within 1,000 feet of another like use. 2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F. 3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended. Key: BCP – Level 1 Minimum Standards (Building Construction Permit) FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required) FLD – Level 2 Flexible Development (Community Development Board approval required) X – Not Permitted * * * * * * * * * * C. Bicycle Parking. 1. Long-term Bbicycle spaces parking requirements shall be provided for new development, additions, and expansions providing off-street parking as are listed in Table 2. Long-Term Bicycle Parking, and shall comply with the bicycle parking standards in Section 3-1411 of this Development Code. Buildings with less than 5,000 square feet of gross building area and residential projects with fewer than 10 units are exempt from this requirement. Table 2. Long-Term Bicycle Parking Use Long Term Spaces Attached Dwellings (10 or more units) 1 per 4 dwelling units. Units with private garage or private storage space are exempt. Offices (5,001+ SF GFA) 2 min., or 1 per 10,000 SF GFA Parking Garages 2 min., or 1 per 20 vehicle parking spaces, whichever is greater Public Transportation Facilities 4 min., or 1 per 10,000 SF GFA 47 Ordinance No. 9643-23 2. Where provided, short-term bicycle parking areas shall be in highly visible locations along pedestrian walkways and near building entries. 3. All short-term and long-term bicycle parking provided shall comply with the bicycle parking standards in Section 3-1411 of this Development Code. Section 29. That Appendix C. Downtown District and Development Standards, Division 4. Frontage Standards, be amended to read as follows: Section C-401. – Relationship between street types and frontage standards and hierarchy of street types. Street Frontage Types are described in Section C-203. Table 3. Frontages and Street Types shows which development standards in this division apply by the street types shown in Figure 2. Regulating Plan – Street Types and Key Corners. Multiple frontages can apply to a single project along a street type. Street Types are organized by intensity of planned pedestrian activity with Street Type A being the highest level and Street Type F and Service Streets being the lowest level of planned pedestrian activity. Section C-402. – Properties with multiple street frontages. A. Definition of Primary and Secondary Street Frontages. 1. For project sites with multiple street frontages, including corner sites, a A primary street frontage shall be defined established for project sites with multiple street frontages. 2. The primary street frontage shall be defined as the street frontage with the highest level of designated street type or the highest level of existing and planned pedestrian activity as defined in the Clearwater Downtown Redevelopment Plan and consistent with Section C-203.A. 3. All other street frontages shall be secondary street frontages. As provided in Division 8. Flexibility, a limited amount of flexibility in meeting requirements for frontages defined as secondary street frontages may be approved. B. Definition Assignment of Street Frontages for Corner Sites. 1. For corner sites where the street type is the same on two all frontages, the primary street frontage shall be defined as assigned the frontage to which the majority of buildings on adjacent sites are oriented and addressed. 2. In locations where the orientation of buildings on adjacent sites is unclear, the primary street frontage shall be defined as the frontage on which the building is addressed determined by the Community Development Coordinator consistent with the vision of the area pursuant to the Clearwater Downtown Redevelopment Plan. As provided in Division 8. Flexibility, a limited amount of flexibility in meeting requirements for frontages defined as secondary street frontages may be approved. 3. Primary street frontage requirements may be applied for up to 50% of the linear street frontage of the secondary street frontage to wrap around the corner of a building that is located at the intersection of two different Street Types. The balance of the secondary street frontage shall revert to the standards of the applicable Street Type. C. Application of Setbacks on Through 1. Double-Frontage Lots. For project sites with frontage on two parallel streets, one of which is a Service Street Type, the side setbacks applicable to the primary street frontage shall apply. 48 Ordinance No. 9643-23 2. Corner Lots. Front setbacks shall be applicable to the street frontages of corner lots, and side setbacks shall apply to non-street frontages. 3. Multi-Frontage Lots. Front setbacks shall be applicable to all street frontages on multi-frontage lots, and side setbacks shall apply to all non-street frontages. * * * * * * * * * * Section C-404. – Storefront 1 frontage. * * * * * * * * * * C. Front Setback Improvements. Where front setbacks are provided, the area within the setback shall be improved primarily as a hardscape extension of the public streetscape with no change in elevation from adjacent sidewalks, no landscape areas, and no permanent physical obstructions such as a curbing, railing, or fencing. Movable furnishings, including tables, seats, and landscape planers, are permitted. D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. A minimum of 60 percent of the area of the ground floor façade between 2 and 10 feet in height above adjacent ground level shall be comprised of transparent windows or doors. Glass utilized to provide this transparency shall have visible light transmittance to the maximum allowed by the Energy Code, shall not have reflective or mirrored coating or other treatments including but not limited to dark tinting, colored or opaque films, boards or paint consist of storefront windows and doors with transparent glazing with no more than 10 percent daylight reduction (tinting) and no reflective or mirrored coating or treatment. Transom windows are encouraged above storefront display windows. Residential window types, with closely spaced mullions and recessed punched windows, are not allowed for storefront frontages. The bottom of storefront windows shall be no more than 2 feet above the adjacent ground level. c. Primary entries to individual ground floor tenant spaces and entries to shared lobbies for upper story spaces shall be located along the front façade and may be recessed 18 inches maximum. d. For sites with multiple frontages, there shall be at least one entry to individual ground floor tenant spaces or entries to shared lobbies on each street frontage unless provided on the corner of the primary street frontage and secondary street frontage. de. Thresholds at front building entries and the ground floor finished floor elevation shall match the elevation of the abutting public sidewalk or publicly accessible plaza. ef. The ground floor floor-to-structural-ceiling height shall be 14 feet minimum and ground floor building space shall be designed to meet Florida Building Code requirements for commercial uses. 3. Awnings, canopies, or other forms of weather protection shall be required along at least 80 percent of the front façade and shall meet the standards in Appendix C, Division 6 (E). * * * * * * * * * * 49 Ordinance No. 9643-23 Section C-405. – Storefront 2 frontage. * * * * * * * * * * B. Building Setbacks. * * * * * * * * * * 3. To promote the continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites, or between building wings for “U”-shaped buildings, shall be 80 feet maximum. C. Front Setback Improvements. 1. Where front setbacks are provided, the area within the setback shall be improved primarily as a hardscape extension of the public streetscape with no change in elevation from adjacent sidewalks. 2. Landscape areas may account for 35 percent maximum of the front setback area. Such landscaping shall comply with landscape requirements in Section 3-1202. 3. Low curbing up to six inches in height may be used to define the edge of landscape areas but no permanent physical obstructions such as walls, railing, or fencing are permitted. D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. A minimum of 50 percent of the area of the ground floor façade between 2 and 10 feet in height above adjacent ground level shall be comprised of transparent windows or doors. Glass utilized to provide this shall have visible light transmittance to the maximum allowed by the Energy Code, shall not have reflective or mirrored coating or other treatments including but not limited to dark tinting, colored or opaque films, boards or paint consist of storefront windows and doors with transparent glazing with no more than 10 percent daylight reduction (tinting) and no reflective or mirrored coating or treatment. Transom windows are encouraged above storefront display windows. Residential window types, with closely spaced mullions and recessed punched windows, are not allowed for storefront frontages. The bottom of storefront windows shall be no more than 2 feet above the adjacent ground level. c. Primary entries to individual ground floor tenant spaces and entries to shared lobbies for upper story spaces shall be located along the front façade and may be recessed 18 inches maximum. d. Thresholds at front building entries and the ground floor finished floor elevation shall match the elevation of the abutting public sidewalk or publicly accessible plaza. e. The ground floor floor-to-structural-ceiling height shall be 14 feet minimum and ground floor building space shall be designed to meet Florida Building Code requirements for commercial uses. 3. Awnings, canopies, or other forms of weather protection shall be required along at least 80 percent of the front façade and shall meet the standards in Appendix C, Division 6 (E). * * * * * * * * * * 50 Ordinance No. 9643-23 Section C-406. – Workshop/flex frontage. * * * * * * * * * * B. Building Setbacks. * * * * * * * * * * 2. To promote the continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites, or between building wings for “U”-shaped buildings, shall be 80 feet maximum. shall be 80 feet maximum. C. Front Setback Improvements. 1. The front setback area shall be improved as a landscape area with walkway connections between sidewalks and front building entries. Low curbing up to six inches in height may be used to define the edge of landscape areas but no permanent physical obstructions such as walls, railings, or fencing are permitted between the street and front building façade. 2. Landscaping in the front setback area shall comply with landscape requirements in Section 3-1202. 3. Hardscape areas improved as open-air patio or café space may account for 50 percent maximum of the front setback area. Such areas may be defined by railings or low walls 36 inches maximum in height. D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall be designed to meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. A minimum of 40 percent of the area of the ground floor façade between 2 and 10 feet in height above adjacent ground level shall be comprised of transparent windows or doors. Glass utilized to provide this transparency shall have visible light transmittance to the maximum allowed by the Energy Code, shall not have reflective or mirrored coating or other treatments including but not limited to dark tinting, colored or opaque films, boards or paint consist of storefront windows and doors with transparent glazing with no more than 10 percent daylight reduction (tinting) and no reflective or mirrored coating or treatment. c. Primary entries to individual ground floor tenant spaces and entries to shared lobbies for upper story spaces shall be located along the front façade and may be recessed 18 inches maximum. d. Thresholds at front building entries and the ground floor finished floor elevation may be elevated 18 inches maximum above the grade of the abutting public sidewalk or publicly accessible plaza. e. The ground floor floor-to-structural-ceiling height shall be 14 feet minimum and ground floor building space shall be designed to meet Florida Building Code requirements for commercial uses. * * * * * * * * * * Section C-407. – Urban residential 1 frontage. * * * * * * * * * * 51 Ordinance No. 9643-23 B. Building Setbacks. * * * * * * * * * * 3. To promote continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites, or between building wings for “U”-shaped buildings, shall be 20 feet maximum and may be occupied by a mid-block pedestrian passageway open for tenant use. Where such space is provided with no pedestrian passageway or to provide for a private courtyard, a 6-foot minimum, or 8-foot maximum high brick or other masonry wall, wall with masonry columns linked by substantial grill work, or wall designed to match the architectural design of the building shall be constructed in line with the front building façade. * * * * * * * * * * D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. The finished floor elevation of ground floor residential units along front setbacks shall be elevated 18 inches minimum, 36 inches maximum above the grade of adjacent sidewalks. c. Primary entries to individual ground floor units and shared lobby space providing access to upper story units shall be located along the front façade and be visible from streets and sidewalks. * * * * * * * * * * Section C-408. – Urban residential 2 frontage. * * * * * * * * * * B. Building Setbacks. * * * * * * * * * * 2. To promote the continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites, or between building wings for “U”-shaped buildings, shall be 80 feet maximum. * * * * * * * * * * D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. The finished floor elevation of ground floor residential units along front setbacks shall be elevated 18 inches minimum, 36 inches maximum above the grade of adjacent sidewalks. c. Primary entries to individual ground floor units, where provided, and shared lobby space shall be located along the front façade and be visible from streets and sidewalks. * * * * * * * * * * 52 Ordinance No. 9643-23 Section C-409. – Neighborhood infill frontage. * * * * * * * * * * D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. The finished floor elevation of ground floor residential units along front setbacks shall be elevated 18 inches minimum, 36 inches maximum above the grade of adjacent sidewalks. c. Primary entries to ground floor units and shared lobby space shall be located along the front façade and be visible from streets and sidewalks. 3. Front porches or stoops shall be provided at entries to individual ground floor units and be designed to meet the following standards (E): a. Porches may project 6 feet minimum, 10 feet maximum from front building façades into setbacks. Stoops may project 4 feet minimum, 6 feet maximum from front building façades into setbacks. Neither shall be located closer than 2 feet from front property line. b. For buildings at corner locations, porches shall be oriented to the primary street frontage and wrap around from to the façade a minimum of 6 feet along the secondary street frontage and extend 6 feet minimum along the façade facing the secondary street frontage. c. No more than two front porches or stoops serving adjacent units shall be connected. d. Landscape areas shall be provided between individual or connected porches or stoops and shall be at least 8 feet in length as measured along the front building façade. 4. Canopies or other forms of weather protection shall be provided at front building entries to shared ground floor lobby space and shall meet the standards in Appendix C, Division 6 (E). E. Parking. 1. In addition to the following standards, parking location, design and access shall meet the standards in Appendix C, Division 5. 2. Surface parking shall be located to the rear of buildings away from the primary street frontage and corner locations and shall comply with side and rear building setbacks. * * * * * * * * * * Section C-410. – Neighborhood conservation frontage. * * * * * * * * * * A. General. The Neighborhood Conservation Frontage Standards are intended for application along Street Type F which is identified as appropriate for residential development and redevelopment. Development standards for this frontage require detached dwellings and attached dwellings (two units maximum, may include detached dwelling with one carriage house), as described in Table 4. Attached Dwelling Types General, oriented to public sidewalks with front lawns and parking to the rear of occupied building space with allowance for limited parking in private driveways to the side of houses. On local streets, two units maximum may be permitted including one duplex or one detached dwelling with one carriage 53 Ordinance No. 9643-23 house. On collector streets, three units maximum may be permitted, including one duplex and one carriage house. * * * * * * * * * * D. Ground Floor Façades and Entries. 1. Building façades along street frontages shall meet building design standards in Appendix C, Division 6. 2. Ground floor front building façades shall meet the following standards (D): a. Building façades shall be located along front setbacks and aligned generally parallel to streets and public sidewalks the primary street frontage property line. b. Primary entries to ground floor units shall be located along the front façade and be visible from streets and sidewalks. 3. Front porches or stoops shall be provided at entries to individual units and be designed to meet the following standards (E): a. Porches may project 6 feet minimum, 10 feet maximum from front building façades into setbacks. Stoops may project 4 feet minimum, 6 feet maximum from front building façades into setbacks. b. For buildings at corner locations, porches shall be oriented to the primary street frontage and wrap around from to the façade a minimum of 6 feet along the secondary street frontage and extend 6 feet minimum along the façade facing the secondary street frontage. c. No more than two front porches or stoops serving attached units shall be connected. d. Landscape areas shall be provided between individual or connected porches or stoops and shall be at least 8 feet in length as measured along the front building façade. E. Parking. 1. In addition to the following standards, parking location, design and access shall meet standards the standards in Appendix C, Division 5. 2. Surface parking lots shall be located to the rear of buildings away from the primary street frontage and corner locations and shall comply with side and rear building setbacks. 3. Parking is permitted in single width private driveways. Such driveways shall meet the side setback requirement and be located to the side of buildings (F). 4. Parking incorporated in enclosed garages or the ground floor of a detached or attached dwelling shall be set back 5 feet minimum from the front building façade (G). 5. With approval from appropriate City, County or State authorities, parallel parking may be constructed within the right-of-way along streets abutting the property. Section C-411. – Frontage along service streets. A. Building Setbacks. Buildings Except as provided in Section C-402.C, buildings with frontage along streets designated as Service Streets on Figure 2. Regulating Plans - Street Types and Key Corners, shall be placed consistent with the following building setbacks from property lines: 1. Front Setbacks: 5 feet minimum. 2. Side Setbacks: 10 feet minimum. 3. Rear Setbacks: 10 feet minimum. B. Front Setback Improvements. The front setback area shallmay be improved with landscaping and fencing to buffer parking lot or parking structures and service areas. Such buffers and fencing shall comply with standards in Appendix C, Division 5. 54 Ordinance No. 9643-23 C. Parking and Vehicular Circulation. Parking, vehicular circulation, and other vehicular use areas are permitted along the frontage and shall be located and designed to meet standards in Appendix C, Division 5. Section 30. That Appendix C. Downtown District and Development Standards, Division 5. Site Design Standards, be amended to read as follows: * * * * * * * * * * Section C-503. – Access and circulation. * * * * * * * * * * C. Pedestrian Circulation and Access. 1. Pedestrian Except for duplexes and detached dwellings on internal lots along Street Type F, pedestrian walkways shall be provided to access parking lots and parking structures behind or to the side of buildings, connect destinations on adjacent properties, connect front building entries to adjacent sidewalks, and allow pedestrian circulation through parking lots to create a continuous pedestrian network. * * * * * * * * * * c. Pedestrian scale lighting shall be provided along pedestrian facilities. D. Cross Parcel Connections. To facilitate circulation and improve accessibility, vehicle and pedestrian paths facilities on adjacent sites shall be interconnected, except for detached dwellings and duplexes on interior lots along Street Type F. Parking Existing and planned parking lot drive aisles, private drives, private service drives, and pedestrian walkways shall be aligned and connected with abutting sites. In cases where no connection exists on an abutting developed site, and drive aisle and pedestrian walkway stub outs shall be constructed on properties abutting undeveloped sites to allow for future connections. * * * * * * * * * * Section C-505. – Garages for attached or detached dwellings. A. Garages shall be located behind the principal building and accessed from public alleys, private drives, or private service drives. B. Where public alleys, private drives, or private service drives are not provided, single width private driveways no greater than 10 feet in width maximum are permitted and the following standards shall apply. 1. Attached, front facing garages serving detached dwellings, where permitted, shall be set back 5 feet minimum from the front façade of the building. 2. Detached garages shall be located behind the principle building to the rear of the property, not along the primary street frontage, and accessed from a single width private driveway. 3. Attached or detached garages on corner sites shall be located to the rear of the property away from the primary street frontage, oriented toward a secondary street frontage, and accessed from a secondary street frontage by a single width private driveway. 55 Ordinance No. 9643-23 Section C-506. – Landscape and fencing/walls. A. Landscape Requirements in Article 3, Division 12. Landscape improvements shall meet the general landscaping standards set forth in Article 3. Division 12 n in addition to the frontage standards in Appendix C, Division 4 and landscape and parking standards in Appendix C, Division 5. Section C-507. Stormwater Management Stormwater retention and detention areas are not permitted in front setbacks or between any street and any building unless located underground in exfiltration trenches or open-bottomed underground storage and retention systems, or as part of a Low Impact Development stormwater management system incorporating features such as rain gardens and vegetative swales, or pervious pavers or pavement for pedestrian use. Traditional stormwater facilities such as dry and/or wet retention/detention ponds are permitted to the rear and side of buildings. Section C-508. – Waterfront development. Waterfront development shall be located and designed to meet all of the following standards. A. Waterfront Setback. Waterfront development Structures shall maintain a waterfront setback of 20 feet minimum from the sea wall, property line, or mean high water line, whichever is most interior to the property. B. Parking. 1. Residential uses along Clearwater Harbor shall be designed with parking garages or with parking areas internal to the site/building and screened from Clearwater Harbor. 2. Perimeter screening shall not be required for public parking located along waterfronts. * * * * * * * * * * Section C-510. – Swimming Pools. Swimming pools for all attached dwellings except duplexes, shall be located on the roof of the building or internal to the development site as a courtyard pool, surrounded on all four sides by building(s), and not along street frontages as illustrated in Figure 31. Swimming pools for detached dwellings and duplexes shall comply with the accessory structure provisions in Article 3, Division 2 of this code. 56 Ordinance No. 9643-23 Figure 31. Swimming Pools (Insert two new images for Figure 31 and renumber subsequent Figures accordingly) Rooftop Swimming Pool Courtyard Swimming Pool * * * * * * * * * * Section 31. That Appendix C. Downtown District and Development Standards, Division 6. Building Design Standards, be amended to read as follows: Section C-601. – General. To support the creation of more pedestrian- and transit-accessible destinations, buildings shall be located generally parallel to adjacent streets and designed to contribute to the creation of attractive, accessible destinations. Building façades along streets and public spaces shall be designed with attractive ground floor façades, well-defined building entries, and shall use quality building materials. Buildings shall occupy a substantial portion of the frontage and be located to minimize the visual impact of parking, loading, service and other vehicular use areas. Section C-602. – Façade treatment and design. * * * * * * * * * * C. Facade Materials All building facades within view of a public street, pedestrian walkway, waterfront, or other public space, including side and rear facades, shall be constructed of high quality materials such as brick, stone, architectural block, concrete with an architectural finish, and traditional cementitious stucco. Side and rear facades shall use materials and design features similar to or complementary to those of the front facade. The use of metal facades shall not be permitted. D. Upper Floor Façade Fenestration. To minimize blank façade areas along street frontages, façades fronting streets and new primary drives shall provide fenestration (doors, windows or other openings) to an extent of a minimum of 20 percent of each floor's façade area as measured between finished floor and finished ceiling. 57 Ordinance No. 9643-23 ED. Prohibited Glass Treatments on Ground Floors. The use of reflective, translucent, fritted, and other forms of non-transparent glass in wall and window systems on ground floor facades is prohibited. ***RELETTER REMAINING SUBSECTIONS, PENDING APPROVAL OF NEW D. ABOVE*** * * * * * * * * * * Section C-605. – Building entries. * * * * * * * * * * B. Design Treatment. Primary building entries, including main entries to individual tenant spaces and to lobbies used to access upper story building space, shall be distinguished by façade design, accomplished through the use of a combination of materials, articulation, or other architectural treatments such as variation in building height, arches, columns, towers, or similar treatments that provide interest to the building façade and draw attention to the entrance. * * * * * * * * * * Section C-606. - Mechanical equipment. Outdoor mechanical, electrical, and communication equipment, including heating, air conditioning, and ventilation equipment; venting and vent terminations for commercial hoods; electric meters;: mechanical penthouses;: electrical and communication equipment, panels, and cabinets;: satellite dishes; and similar features shall be located and designed to meet all of the following standards. A. Equipment Placement. Outdoor mechanical, electrical, and communication Eequipment, shall be placed on roofs or to the rear or side of buildings and shall not be placed in front setbacks or between any street and any building. B. Equipment Screening. 1. Ground-mounted mechanical Eequipment shall be screened from public view by landscape screens or architecturally-finished walls and enclosures designed consistent with the exterior façade of the building. 2. Rooftop-mounted mechanical and equipment shall be screened by a parapet wall, articulated roofline or other roof screen, or similar device that is integrated into the building’s architectural design and of a height equal to or exceeding the height of the mechanical equipment being screened. 3. Eelevator penthouses shall be designed to complement the design of street-facing building façades and shall be clad on all sides in material used on street-facing façades. Section 32. That Appendix C. Downtown District and Development Standards, Division 8. Flexibility, be amended to read as follows: * * * * * * * * * * Section C-803. – Flexibility provisions. Flexibility may be approved subject to the standards below. A. Character District Standards – Height Transitions. 58 Ordinance No. 9643-23 1. Flexibility in meeting required building step backs along street frontages in Section C-302.B may be approved where the alternative design provides visual and special relief similar to a step back, a varied and interesting design, and the alternative treatment is integral to the building's design and results in façades of equal or better quality than the standards would produce. 2. Flexibility in meeting required building step backs along street frontages in Section C-302.B may be approved for parking garages where providing a step back in the required location is impractical or infeasible. Where flexibility in this standard is allowed, building step backs should be provided on a lower or higher floor, or the garage shall have a varied and interesting design providing visual and spatial relief that meets the intent of a step back. AB. Frontage Standards – Properties with Multiple Street Frontages. Flexibility in the standards for orientation of front building façades for attached and detached dwellings in Appendix C, Division 4 may be approved to allow for frontage orientation consistent with typical frontage orientation on surrounding blocks. BC. Frontage Standards – Building Setbacks. 1. Front building setbacks less than the minimums or greater than the maximums allowed in Appendix C, Division 4 may be approved for projects with a publicly-accessible outdoor open space or site constraints such as shape irregularities and/or the presence of natural features, existing utilities, utility easements, or access easements making meeting setback requirements impractical or infeasible. Where approved, the increase or reduction in front building setbacks shall be to the smallest extent practicable as determined by the Community Development Coordinator. 2. Flexibility in the application of front setback requirements in Appendix C, Division 4 may be approved to allow new development setbacks compatible with the traditional character of development on adjacent sites and block frontages. 3. Flexibility in the application of front setback requirements in Appendix C, Division 4 to provide 10-foot minimum sidewalk widths may be approved to allow new development setbacks compatible with the traditional character of development on adjacent sites and block frontages. 4. Side and rear setbacks less than the minimum allowed in Appendix C, Division 4 may be approved for projects to allow for innovative site designs that advance the goals and objectives for the Clearwater Downtown Redevelopment Plan. 5. The maximum spacing between individual buildings along Storefront 1 and Urban Residential 1 Street Frontages in Section C-404.B. and Section C-407.B may be increased or waived for projects with one or more of the following characteristics. a. The proposed site configuration is designed to incorporate natural features such as a stand of mature trees, body of water, wetland or other similar feature. b. Placement of existing buildings and/or site access and circulation constraints make it infeasible to meet the standard. c. The placement of publicly-accessible outdoor plaza spaces to the side of the building results in increased spacing to accommodate the plaza. Where flexibility in the standard is allowed, enhanced landscaping and the use of low walls along street frontages to screen parking and define the edge of pedestrian walkways shall be required. 6. The maximum spacing between building frontages or between building wings for “U”- shaped buildings may be increased to 100 feet along Street Type C when on a secondary frontage or Street Type D when on a primary or secondary frontage to allow for a private courtyard. 59 Ordinance No. 9643-23 CD. Frontage Standards – Fences and Walls Along Street Frontages Front Setback Improvements. 1. Flexibility in the prohibition of fences and walls, railings, fencing or other similar improvements in front of buildings with Workshop/Flex, Urban Residential 2, Neighborhood Infill or Neighborhood Conservation Frontages along Street Types D, E, and F may be approved where the placement of a fence or wall, railing, fence or other similar improvement in front of the building does not negatively affect the project's pedestrian orientation or is found to be compatible with front setback conditions on abutting and nearby properties. Where flexibility is approved, fence or wall, railing, fence or other similar improvement height shall be 6 feet maximum, and any portion above three 3 feet in height shall be at least 50 percent open (i.e., picket style). 2. Flexibility in the application of landscaping standards in front setbacks on buildings with Storefront 2, Urban Residential 1, Urban Residential 2, Neighborhood Infill and Neighborhood Conservation Frontages found in Section C-407.C, Section C-408.C, Section C-409.C, and Section C-410.C may be approved if pedestrian orientation is not adversely impacted and site functionality is improved. DE. Frontage Standards – Front Building Ground Floor Façades and& Entries. 1. For buildings with multiple street frontages, required glazing below 4 feet along secondary street frontages may be exempt from the daylight reduction (tinting) standard required for buildings with Storefront 1, Storefront 2 or Workshop/Flex Frontages. No reflective or mirrored coating or treatments are permitted. These flexibility provisions are illustrated in Figure 3370. Frontage Design Flexibility. 2. For buildings on corner lots, Flexibility flexibility in locating primary building entries on secondary street frontages may be approved as long as façades on primary and secondary street frontages are designed to meet applicable standards in Appendix C, Division 4. and the primary building entry is located on within 20 feet of the primary street frontage or corner. 3. For projects on sloping sites where site grades make meeting the requirements for Flexibility in the application of finished floor elevation standards for residential buildings in Appendix C, Division 4 impractical or infeasible, a finished floor elevation of up to 48 inches may be approved. This maximum height shall not apply to projects approved prior to January 1, 2023. to accommodate projects on sloping sites or projects with innovative building types. For those portions of a residential building that are used for nonresidential uses such as lobbies, fitness centers, or similar shared spaces, a finished floor elevation of less than 18 inches may be approved. (Remove mis-numbered Figure 33, renumber as Figure 70, and replace with the following 1 image) 60 Ordinance No. 9643-23 Figure 3370. Frontage Design Flexibility EF. Frontage Standards – Parking. 1. Flexibility in the application of landscape and wall requirements in Appendix C, Division 4 to screen surface parking, service areas, and structured parking, may be approved where alternative design treatments result in all of the following. a. The screening of vehicles from view along public sidewalks. b. The physical separation of pedestrian use and vehicular use areas. c. The creation of safe, comfortable, and quality pedestrian environments along pedestrian walkways and public sidewalks. 2. Flexibility in the applicability of parking location requirements may be approved consistent with one of the following. a. Surface parking lots for office buildings lawfully existing on the original date of adoption (August 2, 2018) of these Development Standards located outside of the Downtown Core Character District and on primary frontages may continue to be repaired or expanded consistent with the provisions set forth in Article 3, Division 12, provided that the new parking area must meet required landscaping provisions, site access is consistent with Section C-503.A, and a low wall 24-36 inches in height shall be installed to screen and connect the entire parking area. The expansion of surface parking shall be limited to the addition of contiguous parcels, and this flexibility shall not apply to parcel(s) separated from the existing office property by any rights-of-way. b. Flexibility to allow surface or ground floor structured parking and other vehicular use areas, including vehicular loading/unloading areas and passenger drop off areas, may be approved along secondary street frontages. If approved, such areas shall be set back from primary street frontages 20 feet minimum, and include architectural and landscape screening and other treatments that contribute to the creation of safe and comfortable pedestrian environments along pedestrian walkways and public 61 Ordinance No. 9643-23 sidewalks. Curb cuts from secondary street frontage to access such locations shall be minimized. 3. Flexibility to allow single width private driveways located in side setbacks no closer than 2 feet from side lot lines may be approved along Street Type F for projects where the adjacent property's driveway is not located within the side setback on the shared property line for which the flexibility is required. FG. Frontage Standards – Attached and Detached Dwellings along Street Types E and F. Flexibility in meeting frontage requirements found in Section C-409 and Section C-410 for attached or detached dwelling projects may be approved if a project utilizes innovative building types or styles such as bungalow court configurations, carriage houses, or the like. Flexibility shall only be approved along Street Types E and F. GH. Site Design Standards – Development Pattern. Flexibility in the application of requirements for found in Section C-502.B regarding development blocks and lots, Section C-502.C. regarding new private drives, and Section C-502.D. regarding new private service drives may be approved for projects on sites where the applicant demonstrates that site size, dimension, shape, or presence of constraints such as natural areas, utilities or utility easements, or other existing features make meeting these requirements infeasible. I. Site Design Standards – Access & Circulation. 1. A reduction in the minimum width for pedestrian walkway(s) found in Section C-503.C.2 may be approved where site and/or development constraints make meeting the requirements impractical or infeasible. Pedestrian walkway width shall comply to the greatest extent practicable as determined by the Community Development Coordinator. 2. Flexibility in provision of cross parcel connections found in Section C-503.D may be approved under one or more of the following circumstances. a. Where site grades, natural areas, or other site constraints make meeting the requirements impractical or infeasible. b. Where applicants can satisfactorily demonstrate to the Community Development Coordinator that the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical or where the applicant demonstrates that all reasonable steps were taken to secure joint and cross access easements and that such steps failed. J. Site Design Standards – Service Areas Flexibility in the application of service area location requirements found in Section C-504.C may be approved where vehicular access to the rear of the property is not possible as determined by the City. Screening requirements are still applicable. K. Site Design Standards – Swimming Pools. Flexibility in the application of swimming pool requirements in Section C-510 may be approved consistent with one of the following. 1. For buildings at corner locations, flexibility may be approved to allow at-grade swimming pools within in a courtyard of a “U”-shaped or “L”-shaped building along a secondary street frontage. Where flexibility in this standard is allowed, non-opaque or picket-style fencing may be permitted to a maximum height of 6 feet in line with or setback from the front building façade. 2. For buildings on Through-Lots or Multi-Frontage Lots, flexibility may be approved to allow at-grade swimming pools within a courtyard of a “U”-shaped building along Street Type 62 Ordinance No. 9643-23 D. Where flexibility in this standard is allowed, non-opaque or picket-style fencing may be permitted to a maximum height of 6 feet in line with or setback from the front building façade. H.L Building Design Standards – Façade Design and Articulation. Flexibility in meeting the façade design and articulation standards in Appendix C, Division 6, may be approved where the alternative design treatment provides a varied and interesting design and the alternative treatment is integral to the building's design and results in façades of equal or better quality than the standards would produce. I.M Building Design Standards – Glass Treatments. Flexibility in applying glass treatment standards in Section C-602.D may be permitted for buildings that incorporate stained or art glass as an integral part of the building design and still provide for the minimum level of glazing as required under Appendix C, Division 4. J.N General Flexibility Provisions. 1. Flexibility in the application of development standards for places of worship, certain indoor recreation uses such as auditoria, museums, and stadiums, public transportation facilities, public utilities uses, and for projects on parcels not fronting on a street may be approved if the proposed development is consistent with the vision, guiding principles, goals, objectives, and policies of the Clearwater Downtown Redevelopment Plan. Buildings and improvements shall include architectural details, and landscape screening, and other treatments that contribute to the creation of safe and comfortable pedestrian environments along pedestrian walkways and/or public sidewalks and shall meet the development standards to the greatest extent practicable as determined by the Community Development Coordinator. 2. Flexibility in the application of frontage standards required under Appendix C, Division 4 may be approved when strict adherence would conflict with base flood elevation standards. Where flexibility is approved, buildings and improvements shall include architectural details, landscape screening, and other treatments that contribute to the creation of safe and comfortable pedestrian improvements along pedestrian walkways and public sidewalks. 3. Flexibility in the application of development standards for any new structures or improvements on properties which have been designated historic in accordance with the provisions of Section 4-607 may be approved, provided that the new structures or improvements preserve the historic character and design of the site. K.O Character District Standards – Residential Use Restrictions. Flexibility in the application of residential use restrictions for projects along Street Type D or limited segments of frontage designated Street Type E may be approved to permit office use where the applicant demonstrates that the hours of operation, parking demand, and other use related impacts are minimized, primary entries to individual ground floor units are provided, and the office use and architectural character are consistent with the character of the surrounding area. Flexibility on frontage designated Street Type E shall only be permitted on: Drew Street between Martin Luther King, Jr. Avenue and Missouri Avenue; Grove Street between Martin Luther King. Jr. Avenue and Missouri Avenue; and on Garden Avenue north of Seminole Street. * * * * * * * * * * 63 Ordinance No. 9643-23 Section 33. That Appendix C. Downtown District and Development Standards, Division 9. Administration, be amended to read as follows: Section C-901. – Site plan approvals. A. Required Pre-Application Conference A pre-application conference shall be required for all development applications within the Downtown District unless the development is exempt from the Development Standards pursuant to Section C-104.B or this requirement is otherwise waived by the Community Development Coordinator. B. Approval Authority The final decision-making authority for site plans is either the Community Development Coordinator for Level One approvals or the Community Development Board for Level Two approvals, as specified in Article 4. The level of approval required varies by use and character district as specified in Table 1. Use & Off-Street Parking, which identifies whether a use can be approved as a Building Construction Permit (Level 1 Minimum Standard), or if Community Development Coordinator (Level 1 Flexible Standard Development) or Community Development Board (Level 2 Flexible Development) approval is required. Projects requesting flexibility in the application of development standards shall follow the process established in Appendix C, Section C-802. * * * * * * * * * * Section C-903. – Regulating plan adjustments. * * * * * * * * * * B. Street Type on Existing or New Public Streets. Upon approval of a development project which includes new public streets or existing public streets where a street type was not previously depicted in Figure 2. Regulating Plan–Street Types and Key Corners, the Community Development Coordinator will make an administrative adjustment to Figure 2. Regulating Plan–Street Types and Key Corners to reflect the approved street type(s). Section 34. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 35. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 36. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 37. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. 64 Ordinance No. 9643-23 Section 38. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Senior Assistant City Attorney City Clerk AMENDMENTS ASSOCIATED WITH ORDINANCE NO. 9643-23 (TA2022-09001) ARTICLE 2. ZONING DISTRICTS Permitted Uses Chart (1) Chart 2-100 Permitted Uses. Add Community Gardens to “OSR” District. [Page 3 of Ordinance] Division 3, Medium Density Residential District (2) Sec. 2-303 Flexible Standard Development Table. Amend front flexibility for Detached Dwellings and add Residential Infill Projects use, consistent with LMDR District. Add footnote (3) regarding Residential Infill Development projects. [Page 4 of Ordinance] (3) Sec. 2-303 Modify flexibility criteria for Detached Dwellings. Add flexibility criteria for Residential Infill Projects. Re-letter remaining use-specific criteria. [Pages 4-5 of Ordinance] (4) Sec. 2-702 Minimum Standard Development Table. Add footnote (4) regarding limited on-site retail sales for Community Gardens. [Page 6 of Ordinance] (5) Sec. 2-1202 Minimum Standard Development Table. Add footnote (1) regarding limited on-site retail sales for Community Gardens. [Page 6 of Ordinance] (6) Sec. 2-1402 Minimum Standard Development Table. Add Community Gardens as a minimum standard use. [Page 6 of Ordinance] ARTICLE 3. DEVELOPMENT STANDARDS Division 8, Fences and Walls (7) Sec. 3-803 Design Requirements. Add new subsection A incorporating references to zoning districts and neighborhood conservation overlay districts which may have district-specific design standards for fences. Provide Community Development Coordinator ability to allow exception to required access gate. Add new subsection F referencing site visibility triangle requirements. [Page 7 of Ordinance] (8) Sec. 3-804.A. Height Requirements - Front. Revise existing language pertaining to fences and walls in front setbacks. Add relocated language pertaining to landscaping requirements. Add LDR and LMDR zoning districts to allow masonry walls with columns and grill work up to six feet in height in those Summary of Amendments - Ordinance No. 9643-23 2 districts through FLS application. Revise existing language pertaining to fences in multiple other districts, removing the Downtown District. Add language identifying standards for fences governed by Beach by Design in new subsection 2.b. Add reference to updated language pertaining to corner and multi-frontage lots in new subsection 4. Add new graphic illustrating locational descriptions. [Pages 7-8 of Ordinance] (9) Sec. 3-804.B. Height Requirements – Side and Rear. Revise existing language pertaining to fences located on side and rear property lines. Add new graphic illustrating locational descriptions. [Pages 8-9 of Ordinance] (10) Sec. 3-804.C. Height Requirements – Landscaping Requirements. Delete existing landscaping requirement language and relocate to Sections 3-804.A and 3- 804.C (as re-lettered) [Page 9 of Ordinance] (11) Sec. 3-804.C. Height Requirements – Corner and Multi-Frontage Lots. Re-letter subsection. Add multi-frontage. Add language clarifying which front property line will be treated as front (addressed) and which will be side(s) (all other) for the purpose of fences. Add language that a fence or wall on side property line may be up to six feet in height if it is primarily open style. Relocate language pertaining to landscaping requirements in new subsection 4. Add new graphics illustrating locational descriptions and open style fences. [Pages 9-11 of Ordinance] (12) Sec. 3-804.D. Height Requirements – Double Frontage Lots. Re-letter subsection. Add reference to wall. Add language clarifying which front property line will be treated as rear (opposite of front/addressed property line) for the purpose of fences. Add new graphic illustrating locational descriptions. [Pages 11-12 of Ordinance] (13) Sec. 3-804.H. Height Requirements – Exception for Gates, Arbors, Trellises, Pergolas, and Similar Entry Components. Add new subsection H establishing standards for entryway components commonly integrated into fences. [Page 13 of Ordinance] Division 9, General Applicability Standards (14) Sec. 3-902.F Mixed-Use Projects (renamed). Add new exemption for vertical mixed-use projects in the Downtown District. [Page 13 of Ordinance] Division 11, Home-Based Businesses (15) Sec. 3-1102.B.2 Standards. Correct scrivener’s errors pertaining to home-based businesses. [Page 13 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 3 Division 12, Landscaping/Tree Protection (16) Sec. 3-1202.B.2 Plant Material Specifications – Exceptions. Add exception for the use of artificial turf in parks and on athletic fields in new subsection 2.b. [Page 13-14 of Ordinance] (17) Sec. 3-1202.F Fences and Walls. Revise existing language pertaining to landscape strip requirement for fences and walls. Add language pertaining to what plantings are required. [Page 14 of Ordinance] (18) Sec. 3-1202.G Comprehensive Landscaping Program – Properties within the Downtown District. Add new subsection 7 pertaining to the use of the program in the Downtown District. [Page 14 of Ordinance] Division 14, Parking and Loading (19) Sec. 3-1407.A Parking Restrictions in Residential Areas. Add language pertaining to parking restrictions applying to residentially designated downtown property (new definition). Correct scrivener’s error in numbering. [Pages 14-15 of Ordinance] (20) Sec. 3-1408 Parking Restrictions in Nonresidential Areas (renamed). Add new subsection B prohibiting boat trailers, hauling trailers, and recreational vehicles in rights-of-way. [Page 16 of Ordinance] Division 18, Signs (21) Sec. 3-1805.F Neon and LED Lighting; Neon and LED Signs. Add language prohibiting the use of LED rope/ribbon lighting used to outline doorways and windows. [Page 16 of Ordinance] (22) Sec. 3-1806 Criteria and Limitations for Sidewalk Signs Table. Expand existing footnote (3) regarding sidewalk sign permits to add an expiration and require annual renewal. [Page 17 of Ordinance] (23) Sec. 3-1807.B Permitted Signs Requiring Development Review – Non-Residential. Revise existing standards to apply to “freestanding” electronic changeable message signs. Reduce frequency of message changes for such signs. Add language pertaining to “attached” electronic changeable message signs as new subsection c. [Pages 17-18 of Ordinance] (24) Sec. 3-1808.B Permitted Signage. Add code reference [Page 18 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 4 Division 21, Temporary Uses (25) Sec. 3-2103.Q Add new subsection Q for Temporary Community Garden Sale and establish standards and criteria for such. [Page 18 of Ordinance] Division 25, Dog-Friendly Restaurants (26) Sec. 3-2505.B Permit Expiration and Revocation. Revise existing language regarding dog-friendly restaurant permits to add requirement for annual renewal. [Pages 18-19 of Ordinance] Division 26, Community Gardens and Urban Farms (27) Sec. 3-2602.B Limited On-Site Sales. Delete current prohibition. Establish criteria and standards for such sales. [Page 16 of Ordinance] (28) Sec. 3-2602.G Add new subsection G for fences around community gardens and establish height limits for front, side and rear property lines and entry components. [Page 19 of Ordinance] ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES Division 2, General Procedures (29) Sec. 4-201 Add a new subsection A requiring pre-application conferences for projects in the US 19 and Downtown Districts and allow the Community Development Coordinator to waive such requirement. [Page 19 of Ordinance] Division 6, Level Three Approvals (30) Sec. 4-606.B Application Requirements. Revise existing language regarding maximum duration of a general development agreement. [Page 20 of Ordinance] (31) Sec. 4-606.C Staff Review and Report. Revise existing language pertaining to written recommendation. [Page 20 of Ordinance] (32) Sec. 4-606.G Contents of Development Agreement/Recording. Revise existing language regarding maximum duration of a general development agreement. [Page 20 of Ordinance] (33) Sec. 4-606.J Expiration or Revocation of Approval. Revise existing language regarding annual reporting requirements. [Page 20 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 5 ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION (34) Sec. 8-102 Definitions. Modify existing definition for “Community gardens” to include on-site sales. Revise existing graphic illustrating various lot types. Add new definitions for “Duplex,” “Lot, multi-frontage,” “Porch,” “Residentially designated downtown property,” and “Stoop.” [Pages 21- 22 of Ordinance] APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS Division 1, General Provisions (35) Sec. B-104.C Exemptions. Modify existing language pertaining to Change of Use and Improvement, Remodel or Reconstruction projects adding bicycle parking. Correct scrivener’s error. [Pages 22-23 of Ordinance] Division 2, Regulating Plan (36) Regulating Plan Figure 1. Replace six maps comprising the District’s regulating plan with new maps. [Pages 23-29 of Ordinance] Division 3, Subdistrict Standards (37) Sec. B-303.A Use & Off-Street Parking Table (renamed). Modify existing references regarding parking. Add requirement for site plan approval for 10+ acre sites. [Page 30 of Ordinance] (38) Table 2 Use & Off-Street Parking Table (renamed). Add parking requirement for nightclubs consistent with other District parking requirements. Amend approval process for Schools in Corridor Subdistrict. Revise minimum off- street parking for Schools. Modify Key and add statement at bottom of table referencing change to approval process for 10+ acre sites [Page 30 of Ordinance] (39) Sec. B-303.C Parking Reduction. Modify existing references and add language to reference parking demand study flexibility. [Pages 30-31 of Ordinance] (40) Sec. B-303.D Bicycle Parking. Add new Table 4. Amend existing short-term bicycle parking requirements (relocated from Division 5). Add requirement for long-term bicycle parking spaces. Add language to clarify other standards for bicycle parking. [Page 31 of Ordinance] Division 4, Street Frontage Standards (41) Sec. B-401 General. Modify existing language describing street frontage types. Update table number. [Pages 31-32 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 6 (42) Sec. B-402.E Type A Street Frontage - Front Building Facades and Entries. Modify existing language regarding transparency requirements. [Page 32 of Ordinance] (43) Sec. B-403.E Type B Street Frontage - Front Building Facades and Entries. Modify existing language regarding transparency requirements. [Page 32 of Ordinance] (44) Sec. B-404.E Type C Street Frontage - Front Building Facades and Entries. Modify existing language regarding transparency requirements. [Pages 32-33 of Ordinance] Division 5, Site Design Standards (45) Sec. B-502.B Drive Networks. Update Locational & Design Standards table number. [Page 33 of Ordinance] (46) Sec. B-503.B Reconstruction of Sidewalks & Landscaping. Update table number. [Page 33 of Ordinance] (47) Sec. B-503.D Cross Parcel Connections. Amend requirements for cross parcel connections. [Pages 33-34 of Ordinance] (48) Sec. B-504.A.3 Surface Parking & Service Area. Update table name. [Page 34 of Ordinance] (49) Sec. B-504.C Bicycle Parking. Delete subsection C (relocated to Division 3). [Page 34 of Ordinance] (50) Sec. B-506 Stormwater Management. Add language clarifying location. [Page 34 of Ordinance] Division 6, Building Design Standards (51) Sec. B-602.B Façade Treatment and Design (renamed) – Limited Blank Facades. Revise language pertaining to limiting blank sections of ground floor building facades viewable from certain locations. [Page 34 of Ordinance] (52) Sec. B-602.E Façade Treatment and Design (renamed) – Upper Floor Façade Articulation and Fenestration (renamed). Add new subsection 3 establishing requirements for upper floor fenestration. [Page 35 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 7 (53) Sec. B-604.B Building Entries – Design Treatment. Revise existing language pertaining to the design of distinguished entries through various architectural treatments. [Page 35 of Ordinance] (54) Sec. B-606.B Mechanical Equipment – Equipment Screening. Add a new subsection 2 and revise existing language pertaining to rooftop mounted mechanical equipment. [Page 35 of Ordinance] Division 7, Flexibility (55) Sec. B-703.A Subdistrict Standards – Off-Street Parking (renamed). Rename subsection. [Page 35 of Ordinance] (56) Sec. B-703.B Street Frontage Standards – Building Setbacks. Correct scrivener’s error. [Page 36 of Ordinance] (57) Sec. B-703.E Street Frontage Standards – Front Building Facades and Entries. Reorganize existing language to group standards for interior lots and corner lots together. Replace Figure 16 with two graphics illustrating same flexibility. Add code references. Add a new subsection 3 establishing flexibility for residential projects on sloping sites. [Pages 36-37 of Ordinance] (58) Sec. B-703.F Site Design Standards – Development Pattern. Add descriptive language for code references. [Page 38 of Ordinance] (59) Sec. B-703.G Site Design Standards – Cross Parcel Connections. Add new subsection c to allow flexibility if no easement is possible. Revise existing language pertaining to pedestrian connections. [Page 38 of Ordinance] (60) Sec. B-703.H Site Design Standards – Pedestrian Walkways Through Parking Lots. Add code reference. [Page 38 of Ordinance] (61) Sec. B-703.I Site Design Standards – Fences & Walls Along Street Frontages. Add code reference. [Page 38 of Ordinance] (62) Sec. B-703.F Site Design Standards – Stormwater Management (renamed). Rename subsection. [Page 38 of Ordinance] (63) Sec. B-703.K Site Design Standards – Façade Design & Articulation. Add code references and descriptions. [Pages 38-39 of Ordinance] (64) Sec. B-704.A Special Project Types. Revise subsection c to reduce acreage threshold. [Page 39 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 8 Division 8, Administration (65) Sec. B-801 Site Plan Approvals. Add a new subsection A requiring pre-application conferences for projects in the District. Re-letter existing language as new Subsection B. Update table name and add reference to new approval process for 10+ acre sites. [Page 39 of Ordinance] APPENDIX C, DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS Division 1, General Provisions (66) Sec. C-104.B Exemptions. Modify existing language for Detached Dwellings, Improvement or Remodel Projects, and Historic Designated Structures. Add code references and descriptions. Add language allowing Community Development Coordinator to determine compliance. Add new Subsection 5 establishing exemption for Parks and Recreation Facilities. [Pages 40-41 of Ordinance] Division 2, Regulating Plan (67) Section C-203.A Street Types and Key Corner Locations. Revise existing language regarding hierarchy of assigned street types. [Page 41 of Ordinance] (68) Section C-203.B Street Types Assignment. Add new subsection 2 regarding street type assignments for landlocked property. [Page 41 of Ordinance] (69) Regulating Plan Figure 2. Replace two maps comprising the District’s regulating plan with new maps. [Pages 41-43 of Ordinance] Division 3, Character District Standards (70) Sec. C-302.B Height Transitions. Amend existing language regarding transitions to address properties with multiple frontages. Clarify existing language pertaining to location of step backs. [Page 44 of Ordinance] (71) Map Figure 6. Replace Maximum Mixed-Use Density map with new map illustrating vertical mixed-use exemption. [Pages 44-45 of Ordinance] (72) Table 1 Use and Off-Street Parking Table. Add criteria for community gardens. Correct scrivener’s error pertaining to overnight accommodations in the South Gateway Character District. Add self storage warehouse as a Level One (FLS) use in the Downtown Gateway Character District. Revise existing language pertaining to self storage warehouse standards in all character districts, but maintaining requirement that it be accessory (limited to 25% of floor area). Add language clarifying parking for self storage warehouse uses. [Pages 46-47 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 9 (73) Sec. C-303.C Bicycle Parking. Add new subsections, renumbering and revising existing language to clarify applicability of long-term bicycle parking. Rename Table 2 to include reference to long-term. Add new subsections 2 and 3 to establish location standards for short-term bicycle parking and incorporate code references. [Pages 47-48 of Ordinance] Division 4, Frontage Standards (74) Sec. C-401 Relationship Between Street Types and Frontage Standards and Hierarchy of Street Types (renamed). Modify existing language describing street frontage types. Add new language describing hierarchy. [Page 48 of Ordinance] (75) Sec. C-402.A Definition of Primary and Secondary Street Frontages. Modify existing language and add a new subsection 3 related to secondary street frontages and referencing allowable flexibility. [Page 48 of Ordinance] (76) Sec. C-402.B Assignment of Street Frontages (renamed). Modify existing language and add a new subsection 3 allowing primary street frontages to wrap corner properties. [Page 48 of Ordinance] (77) Sec. C-402.C Assignment of Setbacks (renamed). Modify existing language and add new subsections 2 and 3 related to applicability of setbacks on properties with more than one frontage. [Pages 48-49 of Ordinance] (78) Sec. C-404.D Storefront 1 Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. Modify existing language regarding transparency requirements. Add new subsection d pertaining to individual ground floor entry requirements. [Page 49 of Ordinance] (79) Sec. C-405.B Storefront 2 Frontage – Building Setbacks. Revise existing language adding reference to “U” shaped buildings. [Page 50 of Ordinance] (80) Sec. C-405.C Storefront 2 Frontage – Front Setback Improvements. Revise existing language pertaining to low curbing clarifying height. [Page 50 of Ordinance] (81) Sec. C-405.D Storefront 2 Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. Modify existing language regarding transparency requirements. [Page 50 of Ordinance] (82) Sec. C-406.B Workshop/Flex Frontage – Building Setbacks. Revise existing language adding reference to “U” shaped buildings. [Page 51 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 10 (83) Sec. C-406.C Workshop/Flex Frontage – Front Setback Improvements. Revise existing language pertaining to low curbing clarifying height. [Page 51 of Ordinance] (84) Sec. C-406.D Workshop/Flex Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. Modify existing language regarding transparency requirements. [Page 51 of Ordinance] (85) Sec. C-407.B Urban Residential 1 Frontage – Building Setbacks. Revise existing language adding reference to “U” shaped buildings. [Page 52 of Ordinance] (86) Sec. C-407.D Urban Residential 1 Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. [Page 52 of Ordinance] (87) Sec. C-408.B Urban Residential 2 Frontage – Building Setbacks. Revise existing language adding reference to “U” shaped buildings. [Page 52 of Ordinance] (88) Sec. C-408.D Urban Residential 2 Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. [Page 52 of Ordinance] (89) Sec. C-409.D Neighborhood Infill Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. Revise existing language pertaining to porches on buildings at corner locations. [Page 53 of Ordinance] (90) Sec. C-409.E Neighborhood Infill Frontage – Parking. Revise existing language pertaining to surface parking to clarify rear setback applicability. [Page 53 of Ordinance] (91) Sec. C-410.A Neighborhood Conservation Frontage – General. Amend existing language pertaining to maximum density to increase unit allowance on collector streets. [Pages 53-54 of Ordinance] (92) Sec. C-410.D Neighborhood Conservation Frontage – Ground Floor Facades and Entries. Revise existing language pertaining to parallel facades. Revise existing language pertaining to porches on buildings at corner locations. [Page 54 of Ordinance] (93) Sec. C-410.E Neighborhood Conservation Frontage – Parking. Revise existing language pertaining to surface parking to clarify rear setback applicability. [Page 54 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 11 (94) Sec. C-411.A Frontage Along Service Streets – Building Setbacks. Revise existing language pertaining to building setbacks to add code reference. [Page 54 of Ordinance] (95) Sec. C-411.B Frontage Along Service Streets – Front Setback Improvements. Modify language to make improvements optional. [Page 54 of Ordinance] Division 5, Site Design Standards (96) Sec. C-503.C Pedestrian Circulation and Access. Amend requirements to provide an exception for duplexes and detached dwellings. Remove language pertaining to lighting. [Page 55 of Ordinance] (97) Sec. C-503.D Cross Parcel Connections. Amend requirements for cross parcel connections. [Page 55 of Ordinance] (98) Sec. C-505 Garages for Attached or Detached Dwellings. Restructure to add subsections. Add clarifying language regarding location of detached garages. Revise existing language regarding garages on corner lots. [Page 55 of Ordinance] (99) Sec. C-506 Landscape and Fencing/Walls. Correct scrivener’s error. [Page 56 of Ordinance] (100) Sec. C-507 Stormwater Management. Add language clarifying location. [Page 56 of Ordinance] (101) Sec. C-508 Waterfront Development. Add language clarifying setback applicability. [Page 56 of Ordinance] (102) Sec. C-510 Swimming Pools. Add sew section pertaining to location for swimming pools for most attached dwelling types. Add two images illustrating requirements. [Pages 56-57 of Ordinance] Division 6, Building Design Standards (103) Sec. C-601 General. Revise existing language to clarify intent. [Page 57 of Ordinance] (104) Sec. C-602.C Façade Treatment and Design – Façade Materials. Revise language pertaining to location of high-quality materials viewable from certain locations. [Page 57 of Ordinance] (105) Sec. C-602.D Façade Treatment and Design – Upper Floor Façade Fenestration. Add new subsection D establishing requirements for upper floor fenestration. [Page 57 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 12 (106) Sec. C-605.B Building Entries – Design Treatment. Revise existing language pertaining to the design of distinguished entries through various architectural treatments. [Page 58 of Ordinance] (107) Sec. C-606.B Mechanical Equipment – Equipment Screening. Add a new subsection 2 and revise existing language pertaining to rooftop mounted mechanical equipment. [Page 58 of Ordinance] Division 8, Flexibility (108) Sec. C-803.A Character District Standards – Height Transitions. Add new flexibility for meeting required step backs, allowing for alternative designs and providing relief for parking garages. [Pages 58-59 of Ordinance] (109) Sec. C-803.B Frontage Standards – Properties with Multiple Street Frontages. Add code references. [Page 59 of Ordinance] (110) Sec. C-803.C Frontage Standards – Building Setbacks. Revise existing language to allow setbacks less than the minimums. Add code references. Add language allowing Community Development Coordinator to determine compliance. Add new subsection 6 establishing new flexibility for maximum spacing between buildings. [Page 59 of Ordinance] (111) Sec. C-803.D Frontage Standards – Front Setback Improvements (renamed). Revise existing language pertaining to various improvements in front of buildings. Add code descriptions and references. Add new subsection 2 establishing new flexibility for applicability of landscaping standards in certain frontages. [Page 60 of Ordinance] (112) Sec. C-803.E Frontage Standards – Ground Floor Facades & Entries (renamed). Revise existing flexibility for secondary street frontages to clarify applicability and establish maximum distance for entry. Add code descriptions and references. Amend subsection 3 pertaining to flexibility for residential projects on sloping sites to make consistent with new provisions in US 19 District. Update and renumber figure illustrating flexibility. [Pages 60-61 of Ordinance] (113) Sec. C-803.F Frontage Standards – Parking. Add code references. Reformat subsection 2 pertaining to flexibility for parking to add new subsection 2.a providing flexibility for surface parking serving existing offices. [Page 61 of Ordinance] (114) Sec. C-803.G Frontage Standards – Attached and Detached Dwellings Along Street Types E and F (renamed). Add code references. Delete reference to street types (integrated into subsection title). [Page 62 of Ordinance] Summary of Amendments - Ordinance No. 9643-23 13 (115) Sec. C-803.H Site Design Standards – Development Pattern. Add code references. [Page 62 of Ordinance] (116) Sec. C-803.I Site Design Standards – Access & Circulation. Add new subsection I to establish flexibility for required pedestrian walkway width. Add flexibility for providing cross parcel connections if site constraints or no easement is possible. [Page 62 of Ordinance] (117) Sec. C-803.J Site Design Standards – Service Areas. Add new subsection J to allow flexibility in service area location. [Page 62 of Ordinance] (118) Sec. C-803.K Site Design Standards – Swimming Pools. Add new subsection K to allow flexibility in location of swimming pools for parcels with multiple frontages. [Pages 62-63 of Ordinance] (119) Sec. C-803.L Building Design Standards – Façade Design and Articulation. Add code reference. [Page 63 of Ordinance] (120) Sec. C-803.L Building Design Standards – Glass Treatments. Add code reference. [Page 63 of Ordinance] (121) Sec. C-803.N General Flexibility Provisions. Revise existing language pertaining to flexibility for design standards which is available to various uses to add Public Transportation Use and reference to the Clearwater Downtown Redevelopment Plan. Add requirement that standards be met to maximum extent practicable. Add new subsection 2 to create flexibility for projects within flood zones. Add new subsection 3 to establish new flexibility for structures designated historic. [Page 63 of Ordinance] Division 9, Administration (122) Sec. C-901 Site Plan Approvals. Add a new subsection A requiring pre-application conferences for projects in the District. Re-letter existing language as new Subsection B. [Page 64 of Ordinance] (123) Sec. C-903 Street Type on Existing or New Streets (renamed). Remove reference to public as it pertains to streets that may need to be designated on the regulating plan. [Page 64 of Ordinance] PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: January 17, 2023 AGENDA ITEM: E.1 CASE: TA2022-09001 ORDINANCE NO.: 9643-23 REQUEST: To amend the Community Development Code to clarify, change, or add requirements or standards in Article 2 to address community gardens in the OSR District and detached dwellings and residential infill projects in the MDR District; in Article 3 regarding fences and walls, mixed-use projects, home-based businesses, landscaping, parking restrictions, various sign provisions, temporary uses, dog- friendly dining and community gardens; in Article 4 for pre-application meetings and development agreements; in Article 8 Definitions; in Appendix B US 19 Zoning District & Development Standards regarding general provisions, regulating plan, subdistrict, street frontage, site design, and building design standards, flexibility and administration; and in Appendix C Downtown District & Development Standards regarding general provisions, regulating plan, character district, frontage, site design, and building design standards, flexibility and administration. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: There are various impetuses for proposed Ordinance No. 9643-23. City Council requested that staff address several topics within the Community Development Code (CDC), and other Council discussions identified the need to make certain amendments, including the following: fences on corner lots; artificial turf usage in parks; and marquee signage in Downtown. Additionally, amendments to the Countywide Plan Rules allow the City to make certain changes such as allowing community gardens to have limited on-site sales of products and waive the proportionate density/intensity allocation requirement for mixed-use projects in Downtown. Other proposed amendments come from experience with processing of applications, where staff has identified opportunities to streamline processes and provide additional clarity for applicants on certain types of requests. For example, through further implementation of the US 19 Zoning District and Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 2 Development Standards (Appendix B of the CDC) and Downtown District and Development Standards (Appendix C of the CDC), staff has found several areas where further clarification was needed, additional flexibility should be provided, and new standards were warranted. After proposed Ordinance No. 9643-23 was advertised for this Community Development Board meeting, it was decided that certain drafted amendments to the Downtown District creating a tiered approach to the distribution of units available through Public Amenities Incentive Pool as established in the Clearwater Downtown Redevelopment Plan, needed to be processed separately. The Ordinance presented to the Board does not include that language or the maps, and the Ordinance title has been updated to reflect those omissions. These will be finalized and presented to the Board at a later date. ANALYSIS: Proposed Ordinance No. 9643-23 includes amendments addressing a variety of sections of the CDC, although most amendments are proposed within Appendix B. US 19 Zoning District and Development Standards and Appendix C. Downtown District and Development Standards. As noted above, certain amendments were requested by City Council while most are being initiated by staff. The following is a discussion of the proposed amendments, organized generally around initial appearance within the proposed Ordinance, with those recommended by City Council being specifically identified within: 1. Community Gardens [pages 3, 5-6, 18-19, 21 and 46 of Ordinance] Community gardens presently are permitted in most zoning districts, and this amendment would expand to permit them within the Open Space/Recreation (OSR) District. Additionally, the Countywide Plan Rules enable municipalities to permit community gardens to have occasional on-site sales of produce and horticultural products that are produced on-site. The proposed Ordinance establishes that community gardens in the Commercial (C), Institutional (I), and Downtown (D) Districts may have such sales on-site on a permanent basis, and all community gardens would otherwise be permitted temporary community garden sales up to four times a year, limited to five days per occurrence. Operational requirements for limited on-site sales are established within Section 3-2602, and new standards for fences around community gardens are also proposed in this Section. The definition in Article 8 is modified to reflect this change as well. This further implements Clearwater Greenprint 2.0, specifically strategy 11.3 regarding community gardens. 2. Medium Density Residential (MDR) District [pages 3-5 of Ordinance] Taking into consideration the Community Development Board’s approvals of a variety of residential projects in the Medium Density Residential (MDR) District requesting similar setback flexibility, this Ordinance proposes to allow additional flexibility through a Level One (Flexible Standard Development) (FLS) process for detached dwellings. The proposed Ordinance would allow front setbacks to be reduced administratively, consistent with what is currently permitted in the Low Medium Density Residential (LMDR) District. Similarly, the Ordinance proposes to create the Residential Infill Projects use with the same standards and use-specific criteria that is Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 3 approvable as a FLS application in the LMDR District. This would allow new residential units or modifications to existing units to occur more expeditiously than at present. 3. Fences and Walls [pages 6-13 of Ordinance) There are numerous changes/modifications to the CDC with regard to fences and walls, most of which are intended to provide greater clarity to applicants. Additionally, as previously stated, City Council directed staff to amend these provisions specifically for corner lots. These changes are as follows: Section 3-803. Design Requirements [pages 6-7] This Section is amended to include a new Subsection A which lists the various zoning districts or areas governed by design standards or guidelines which may include fence regulations that would supersede these fence regulations. Applicants are not always aware of these other governing plans and codes and the possibility of different standards for fences. A new Subsection F is also proposed that references the CDC’s site visibility triangle provisions for the same purpose of bringing it to the attention of applicants. Section 3-804. Height Requirements [pages 7-13] This Section is amended to clarify the rules regarding the placement of fences/walls. Council previously provided direction to amend fence provisions for corner lots, but the fence section of the CDC is one of the most applied sections, and this provided an opportunity to propose other changes that would assist all users, including new graphics illustrating the locations for fences which vary based on the different scenarios governed in the code. Subsection A is proposed to be amended to allow open-style brick or masonry walls in the Low Density Residential (LDR) and LMDR Districts as a FLS application, and properties in most other zoning districts could request other styles of fences also as a FLS application. Language is provided to provide clarity regarding fences within the portion of the Tourist District governed by Beach by Design, which is based on experience applying the design guidelines. The current Subsection C pertaining to required landscaping is proposed to be deleted because it is being incorporated directly into other Subsections. However, in these relocated areas, new language is proposed that would allow the Community Development Coordinator to adjust this landscaping requirement. New Subsection C. Corner and multi-frontage lots, as re-lettered and renamed, implements City Council’s direction to allow non-opaque/open style fences of up to six feet in height along any front property line that is not the front from which the property is addressed (the non-addressed property line(s)). Solid fences along arterial or collector rights-of-way would continue to be permitted up to six feet in height. Subsection D, as re-lettered, pertaining to double frontage lots is revised to incorporate the same terminology utilized throughout this Section. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 4 A new Subsection H is proposed to provide for various “entry components” to be incorporated into fences or walls at a height not to exceed eight feet overall. These features are often requested, and this will establish specific parameters for applicants. This same language is proposed within the fence provisions for community gardens, previously discussed. 4. Mixed-Use Projects [pages 13 and 44-45 of Ordinance] The Countywide Plan Rules allow municipalities to authorize waivers to the proportionate density/intensity allocation requirement “… as an incentive to encourage vertically integrated, transit supportive mixed-use development” in areas that are appropriate for such development and have the appropriate form-based or other land development regulations in place addressing important design features. The city has previously established these regulations for Downtown, and this provision would enable the city to allow for vertical mixed-use projects, already defined in the CDC, to utilize this “bonus”. Additionally, Figure 1. Maximum Mixed-Use Density in Appendix C is proposed to be replaced by a new map illustrating this provision. 5. General Landscaping Standards [pages 13-14 of Ordinance] The amendment will provide an exception for the use of artificial turf in parks and on athletic fields, as discussed by City Council. Additionally, clarification is provided regarding the required three-foot-wide landscaping strip for certain fence installations. The amendment also provides direction for the use of the comprehensive landscaping program within the Downtown District. 6. Parking Restrictions [pages 14-16 and 22 of Ordinance] The proposed amendment introduces “residentially designated downtown property” into the parking restrictions for residential areas, to extend these restrictions to those streets within the Downtown District that are intended to be residential-only. Article 8 defines which street types (established in Appendix C) are covered by this term. When properties were rezoned in 2018 to create a unified zoning district across all properties within Downtown, these parking restrictions no longer applied to these areas of Downtown. Additionally, Section 3-1408 is proposed to be renamed to apply broadly to nonresidential areas, and a new Subsection would prohibit the parking of boat trailers, hauling trailers, and recreational vehicles on rights-of-way in nonresidential areas, addressing safety concerns. 7. Signs (LED/Rope Lighting, Marquees, Sidewalk Signs) [pages 16-18 of Ordinance] Several provisions within the sign code are proposed to be amended. Language is added to prohibit the use of LED rope/ribbon lighting to outline doorways and windows as the increased use of this style of lighting creates a community aesthetic which is inconsistent with the visually attractive urban environment the city’s sign regulations seek to preserve. Sidewalk signs are required to obtain permits annually, and the Ordinance would establish that permits would need to be renewed annually on September 30, which corresponds with other annual permit and business tax receipt renewals. This amendment also implements prior City Council direction to allow for marquees in the Downtown District. This is accomplished through amendments to Section 3-1807.B.6 to differentiate between freestanding and attached electronic changeable message signage. New Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 5 standards for the latter would allow such signage at a facility in Downtown with seating for 750 or more people. Related updates are also proposed to the comprehensive sign program. 8. Dog-Friendly Restaurants [page 18-19 of Ordinance] The amendment will formally establish that dog-friendly restaurant permits shall be renewed annually to continue operating as a dog-friendly restaurant. The code already establishes that the permit expires on September 30 of each year. 9. Pre-Application Conferences [pages 19, 39 and 64 of Ordinance] In an effort to provide better support for applicants for projects in the US 19 and Downtown Districts, a mandatory pre-application conference is proposed prior to submitting a development application. These two zoning districts have specialized form-based codes, and although many applicants currently utilize the existing Building Plan Review Committee (BPRC) meeting for advanced feedback on plans, formalizing this as a requirement would ensure an opportunity for staff and applicants to meet and work through potential issues in advance of a formal application. The Community Development Coordinator would be permitted to not require this meeting. This requirement is integrated into the respective zoning districts as well. 10. Development Agreements [pages 20-21 Ordinance] This amendment accomplishes several things. In Subsections B and G, the duration of development agreements is increased to 30 years, consistent with Chapter 163.3229, Florida Statutes, and for consistency with recent City Council actions. Clarification is made in Subsection C regarding staff providing the Community Development Board with a written recommendation. Lastly, it is proposed that reporting on development agreements only be made to City Council when the annual review of development agreements finds that a property owner has not demonstrated compliance with the terms of the agreement. 11. Definitions [pages 21-22 of Ordinance] The following definitions are proposed to be added or amended:  Community gardens – includes allowance for incidental retail sale of goods grown on-site  Duplex – establishes a new definition for duplex as an attached dwelling with two-units  Lot, multi-frontage – establishes a new definition as used in the fence code and replaces the current illustration for all lots with a new one illustrating the term  Porch – establishes a new definition for a term used in the D District that is clearly distinct from the definition of stoop (new)  Residentially designated downtown property – establishes a new definition which identifies certain street types in the D District and is used in revised residential parking restrictions provisions  Stoop – establishes a new definition for a term used in the D District that is clearly distinct from the definition of porch (new) Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 6 12. US 19 Zoning District and Development Standards [pages 22-40 of Ordinance] Division 1. General Provisions [pages 22-23] Section B-104. Applicability of Development Standards establishes certain situations in which development projects may be exempt from all or portions of the District standards. The proposed amendments in this section set forth changes of use and improvement, remodel or reconstruction projects shall provide bicycle parking consistent with updated standards (discussed below) and update a scrivener’s error. Division 2. Regulating Plan [pages 23-29] The regulating plan maps for the US 19 District are in Division 2. Updated maps are proposed which reflect the designations for seven parcels or portions of parcels that have been annexed. Division 3. Subdistrict Standards [pages 30-31] This Division includes the Use and Off-Street Parking Table (as proposed to be renamed), with related references updated throughout the Ordinance. A minimum parking standard is added for nightclubs, and schools are proposed to require an FLS application with updated parking language consistent with state statutes. The Ordinance proposes to change the minimum approval process for projects on parcels 10 acres or more to an FLS process unless a Level Two (Flexible Development) (FLD) approval is required for the use. Projects of this size must integrate a new development block pattern which also affects frontage requirements such as setbacks, parking location, and other standards. These details are more appropriately worked out through a formal site plan review process prior to application for building permit, and the goal is to limit revisions needed by the time of building permit. Bicycle parking requirements are proposed to be relocated from Division 5 and updated to provide use-specific standards for short-term bicycle parking where previously all uses were required to use the same ratio. Long-term bicycle parking requirements are also established. These are based upon recommended parking standards developed by the Association of Pedestrian and Bicycle Professionals but are adjusted for local context. Division 4. Frontage Standards [pages 31-33] Several of the street frontage types in this Division are proposed to be modified to update window transparency requirements by incorporating terminology utilized by industry professionals. The requirement to provide clear, transparent windows is not changed. Division 5. Site Design Standards [pages 33-34] Proposed amendments in this Division are limited, with minor changes to the requirement for cross-parcel connections so it applies more broadly. Currently, stubouts are required to abutting undeveloped sites, where this proposal would require them to all abutting sites. Division 6. Building Design Standards [pages 34-35] This Division addresses standards that apply to all buildings within the District. The Ordinance proposes to require upper floors of buildings facing streets to incorporate a minimum percentage Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 7 of transparent windows, where currently this requirement only applies to the first floor. Additionally, required screening for mechanical equipment is amended to provide acceptable options for equipment on rooftops which must still be screened. Division 7. Flexibility [pages 35-39] Where flexibility to US 19 District standards is permitted, it is defined within Division 7. The establishment of flexibility was deliberate and limited because this is a form-based code designed to create a predictable and consistent pattern of development as properties redevelop. In addition to some organizational changes and additional descriptions, this Ordinance proposes the following:  Incorporate new figures to illustrate flexibility for building entries and transparency, as reorganized (no substantive changes proposed)  Establish new flexibility for residential projects on sloping sites to allow finished floor elevations of up to four feet as well as nonresidential portions of a residential project to be less than 18 inches above grade  Expand flexibility for cross-parcel connections to allow the Community Development Coordinator the ability to waive the requirement where the applicant demonstrates that they have taken steps to secure a cross access easement, but it wasn’t possible  Modify existing flexibility for projects providing employment-intensive land uses meeting the city’s economic development goals to reduce the current acreage threshold to 2.5 acres, down from a 5-acre requirement Division 8. Administration [page 39] This Division addresses various administrative processes for the US 19 District. Certain amendments described above are administrative in nature and are incorporated within this Division as well. 13. Downtown District and Development Standards [pages 40-64 of Ordinance] Division 1. General Provisions [pages 40-41] As with the corresponding section in the US 19 District, Section C-104 establishes certain situations in which development projects may be exempt from all or portions of the Downtown District standards. Most of the proposed amendments are to incorporate additional code references or descriptions, or to provide that standards shall be met to the greatest extent practicable. A new exemption is proposed for parks and recreation facilities which would provide that they must comply with standards to the greatest extent practicable but through this exemption acknowledges that parks are not intended to be developed with buildings along all streets or public walkways. Division 2. Regulating Plan [pages 41-43] The regulating plan maps for the Downtown District are updated to add or remove Street Type designations for certain streets and a vacated alley. Clarification is proposed regarding hierarchy of Street Types and that Community Development Coordinator shall determine which Street Type Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 8 is consistent with the Clearwater Downtown Redevelopment Plan and should be used for landlocked parcels. Division 3. Character District Standards [pages 43-48] This Division establishes maximum building height and step backs for buildings exceeding 75 feet in height. Amendments to Subsection B would allow buildings on corner or multi-frontage lots to provide step backs on the primary front of a building only. As previously mentioned, Figure 6 is updated to incorporate the proposed vertical mixed-use exemption. Proposed changes to Table 1. Use and Off-Street Parking address community gardens and correct a scrivener’s error where overnight accommodations are not permitted in the South Gateway Character District. Changes to self-storage warehouses are proposed to allow them within the Downtown Gateway Character District and to update the use-specific criteria for all Character Districts. Long-term bicycle parking standards amendments would require expansion projects to provide an incremental amount of such parking and incorporate references to all bike parking design standards in Section 3-1411. Division 4. Frontage Standards [pages 48-55] The Downtown District provides for the establishment of primary and secondary frontages based on a hierarchy which is proposed to be clarified. Proposed amendments to Section C-402 address various scenarios for properties with two or more frontages, providing options for applicants and clarity regarding setback application. Consistent with proposed amendments to the US 19 District, several of the street frontage types in this Division are proposed to be modified to update window transparency requirements. Additionally, new language is proposed in the Storefront 1 frontage, which is applied to areas where buildings must have active ground floor uses, to require each frontage have an entry. Building spacing requirements for certain frontage types are proposed to include allowances for “U”-shaped buildings. And, lastly, the Neighborhood Conservation Frontage, which is applied to certain streets that are predominantly single-family residential with larger front yard setbacks, would allow up to three units on collector streets where currently only two units would be permitted. Division 5. Site Design Standards [pages 55-57] The same proposed language pertaining to cross-parcel connections in the US 19 District is proposed for the Downtown District. Additionally, pedestrian access and circulation standards are proposed to be modified to exclude duplexes and detached dwellings from the need to provide pedestrian connections between adjacent properties. This does not exclude them from meeting sidewalk provisions in the CDC. A new Section C-510 is proposed to establish that swimming pools for attached dwellings, except duplexes, shall be located on roofs or within a fully enclosed courtyard, which is appropriate in a Downtown setting. Division 6. Building Design Standards [pages 57-58] The same amendments as proposed in the US 19 District regarding upper floor fenestration and mechanical equipment screening are proposed in Downtown, to ensure consistency between Districts. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 9 Division 8. Flexibility [pages 58-64] This Ordinance proposes the following amendments to flexibility provided in the Downtown District, several of which are consistent with amendments to the US 19 District described above:  Establish new flexibility for building step backs for alternative designs and parking garages  Modify existing flexibility for front setbacks to allow applicants to request reduced setbacks as well, and to allow greater building spacing between the wings of a “U”-shaped building in certain situations  Add new flexibility for the application of landscaping standards in building setbacks for certain frontage types  Modify existing flexibility for residential projects on sloping sites to allow finished floor elevations of up to four feet, where currently there is no maximum, as well as nonresidential portions of a residential project to be less than 18 inches above grade  Establish new flexibility to allow limited expansion of surface parking for existing office buildings outside of the Downtown Core Character District and provide standards for such parking  Establish new flexibility for access and circulation standards to allow for reductions in required pedestrian walkway widths and the provision of cross-parcel connections  Provide new flexibility for service areas which allows the city to determine where they should be provided if access to the rear of the property is not possible  Provide flexibility for the newly established swimming pool standards to address corner and multi-frontage lots  Modify general flexibility provisions to allow public transportation facilities flexibility from the development standards, and to add that where flexibility is granted through the provision it should be consistent with the Clearwater Downtown Redevelopment Plan and meet the standards to the greatest extent practicable  Add flexibility to the frontage standards for buildings within the flood zone and for historic properties Division 9. Administration [page 64] Amendments to this division address the proposed requirement for pre-application meetings. 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: 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: Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 10 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. 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. Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.8 The City shall continue to support and implement approved community redevelopment area plans, such as the Clearwater Downtown Redevelopment Plan (2004), Beach by Design (2001), and the US 19 Corridor Redevelopment Plan (2012). Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 11 connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.1.2 Residential Infill Projects, as defined in the Community Development Code, shall be utilized in order to accommodate innovative project designs, which provide for a mix of dwelling types at varying costs. Opportunities and conditions for the provision of accessory dwelling units (ADUs) may be considered for inclusion within infill development and redevelopment projects, provided that strict compliance standards be established within the Community Development Code. The City’s Comprehensive Plan emphasizes the need for development and redevelopment to also ensure that the safety, environmental, and aesthetic needs are met through the implementation of the Community Development Code (CDC), as shown in Goal A.3 and other objectives and policies in the Plan. Many of the proposed amendments address these needs, including the expansion of and support for community gardens, modified provisions for fences and walls, and certain provisions in the proposed amendments to the sign code. Similarly, many of the proposed amendments continue to require a higher quality of design, especially within the US 19 and Downtown Districts. The requirement for pre-application meetings and the change for larger redevelopment sites in US 19 to require a site plan approval also further several of the policies and objectives above ensuring additional collaboration between the development team and staff and allowing additional review time for compliance with the CDC. The proposed changes to the MDR District will further the city’s broader housing goals, simplifying the process for new units in this District, including the option to utilize the residential infill projects use in the District. The allowance for the city to enter into 30-year development agreements further supports the implementation of the city’s community redevelopment plans, where development agreements are more often used for catalytic projects. Additionally, many of these amendments are intended to simplify or clarify certain development review processes and facilitate development activities. As such, the above referenced policy of the Comprehensive Plan will be furthered. 2. The proposed amendments furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103:  It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – February 16, 2023 Community Development Board – January 17, 2023 TA2022-09001 – Page 12  It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1., CDC).  It is the further purpose of this Development Code to protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. (Section 1-103.E.2., CDC)  It is the further purpose of this Development Code to 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 by this Ordinance will further the above referenced purposes of the Community Development Code by providing for more readily attainable, more appropriate, and more internally consistent development standards. Through the various topics covered by this Ordinance, the city is encouraging the continued investment in properties. The proposed amendments support community gardens, addresses housing in the MDR District, provides options for fences and walls but maintains standards for placement, height, and landscaping, encourages more mixed-use development in the city’s Downtown, and expands parking restrictions in residential and nonresidential areas for safety. Within the US 19 and Downtown Districts, there is additional flexibility and clarity for property owners wanting to enhance their values through redevelopment. And throughout the Ordinance, amendments are proposed that clarify and establish reasonable standards which encourage orderly development. As such, proposed Ordinance No. 9643-23 furthers the purposes in the CDC. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9643-23 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Planning and Development Assistant Director ATTACHMENTS: Ordinance No. 9643-23 Resume As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: G1,n. Crtdi4,4(- Address: ti) I IALIVial iv 68001 '1' City: / YI.UC 1t- Zip: J 3J 7g Telephone Number: Tal.7/ 210y Email Address: J(WO(ii2.Q.-t4 e ritaleaP.Vcto •v Agenda item to which you wish to speak: OVAAou(ko-- g693- What is your position on the item? For V Against GROUP SPEAKER Citizen Comment Card CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0376 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9649-23 on second reading, conditionally vacating a portion of a 70-foot-wide right-of-way lying west of Lots 72-76, Lloyd-White-Skinner Subdivision as recorded in Plat Book 13, Pages 12-13 of the Public Records of Pinellas County, Florida, subject to certain conditions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 1 Ord. No. 9649-23 ORDINANCE NO. 9649-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CONDITIONALLY VACATING A PORTION OF A 70-FOOT-WIDE RIGHT-OF-WAY LYING WEST OF LOTS 72- 76, LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGES 12-13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of the real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, (the “Property”), has requested that the City vacate a portion of a 70-foot right-of-way lying therein, subject to conditions as further described below; and WHEREAS, the City Council of the City of Clearwater, Florida (“City”) finds that said right-of-way described herein and depicted in Exhibit “A” is not necessary for municipal use if the existing structures on the property abutting said right-of-way are demolished, and the owner of the property constructs that structure described as “ALANIK HOTEL” on approved certified site plan. WHEREAS, it is determined to be in the best interest of the City and the general public that the same be conditionally vacated upon compliance with the conditions herein; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A right-of-way described as follows: See Exhibit “A” is hereby conditionally vacated, closed, and released, and the City of Clearwater releases all of its right, title, and interest thereto, contingent upon, and subject to, the following conditions at owners' expense within three (3) years of the date of adoption of this ordinance. 1. Relocation of City sanitary sewer, water, natural gas, and stormwater systems. 2. Relocation of Duke Energy facilities. 2 Ord. No. 9649-23 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk DESCRIPTION: A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now known as South Gulfview Boulevard), shown on THE LLOYD-WHITE- SKINNER SUBDIVISION plat, recorded in Plat Book 13, Pages 12 and 13 of the Public Records of Pinellas County, Florida, being more particularly described as follows: BEGIN at the Northwest corner of Lot 72 of said THE LLOYD- WHITE-SKINNER SUBDIVISION; thence along the Easterly right-of- way line of said South Gulfview Boulevard the following course and curve; S.00°00'00"W, 85.15 feet to the beginning of a curve concave to the East, having a radius of 777.00 feet, thence Southeasterly, 160.28 feet along said curve through a central angle of 11°49’09” (chord bears S.05°50’10”E., 160.00 feet); thence non-tangent to said curve, N.55°08’15”W., 49.74 feet to the center line of said right-of-way and the beginning of a non-tangent curve concave to the East, having a radius of 812.00 feet, thence Northwesterly, 131.30 feet along said curve and center line through a central angle of 09°15’52” (chord bears N.04°34’14”W., 131.15 feet); thence N.00°00’00”E., 80.83 feet along said center line to the Westerly extension of the Northerly boundary line of said Lot 72; thence N.82°58’18”E., 35.26 feet along said extension to the POINT OF BEGINNING. Containing 8,000.5653 Square Feet (0.1837 Acres), more or less. DESCRIPTION: A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now known as South Gulfview Boulevard), shown on THE LLOYD-WHITE-SKINNER SUBDIVISION plat, recorded in Plat Book 13, Pages 12 and 13 of the Public Records of Pinellas County, Florida, being more particularly described as follows: BEGIN at the Northwest corner of Lot 72 of said THE LLOYD-WHITE-SKINNER SUBDIVISION; thence along the Easterly right-of-way line of said South Gulfview Boulevard the following course and curve; S.00°00'00"W, 85.15 feet to the beginning of a curve concave to the East, having a radius of 777.00 feet, thence Southeasterly, 160.28 feet along said curve through a central angle of 11°49’09” (chord bears S.05°50’10”E., 160.00 feet); thence non-tangent to said curve, N.55°08’15”W., 49.74 feet to the center line of said right-of-way and the beginning of a non-tangent curve concave to the East, having a radius of 812.00 feet, thence Northwesterly, 131.30 feet along said curve and center line through a central angle of 09°15’52” (chord bears N.04°34’14”W., 131.15 feet); thence N.00°00’00”E., 80.83 feet along said center line to the Westerly extension of the Northerly boundary line of said Lot 72; thence N.82°58’18”E., 35.26 feet along said extension to the POINT OF BEGINNING. Containing 8,000.5653 Square Feet (0.1837 Acres), more or less. N O T E S: 1. No underground installation or improvements have been located except those shown hereon. 2. LANDMARK ENGINEERING & SURVEYING CORPORATIONS Certificate of Authorization Number to provide surveying is LB3913. 3. This drawing not valid without the signature and original seal of a Florida Registered Surveyor & Mapper. 4. As used on this drawing, certify means to state or declare a professional opinion of conditions regarding those facts or findings which are the subject of the certification and Does Not constitute a warranty or guarantee, either expressed or implied. This certification is only for the lands as described. It is Not a Certificate of Title, Zoning, Easements or Freedom of Encumbrances. 5. No instruments of record reflecting easements, rights-of-way and/or ownership were furnished to this surveyor except as shown hereon. L E G E N D: SEC. = SECTION TWP. = TOWNSHIP EXT = EXTENSION RGE. = RANGE BLK = BLOCK PB = PLAT BOOK COR = CORNER PG'S = PAGES POB = POINT OF BEGINNING R/W = RIGHT-OF-WAY (P) = PLAT (R) = RECORD M = MEASURED O.R. = OFFICIAL RECORDS 2200003NOTE: SEE SHEET 2 FOR SKETCH.J:\2200003\CAD\Survey\DWG\2200003 Clearwater Beach Site Description Sketch.dwg -- 12/19/2022 9:57:17 AM12-16-2022 The sketch represented hereon conforms to the requirements of Chapter 5J-17, Florida Administrative Code in effect on the Drawing Date shown. SURVEYORS CERTIFICATE L1 L2C1L3 C2L4NOTE: SEE SHEET 1 FOR DESCRIPTION, NOTES & LEGEND SCALE: 1" = 50'BASIS OF BEARINGS: THE EASTERLY RIGHT-OF-WAY LINE OF S. GULFVIEW BLVD. BEARS S.00°00'00"W. (ASSUMED). N82°58'18"E 5th STREET (FIF T H A V E N U E - P L A T ) 60' R/W 30' (R)POB N.W. CORNER OF LOT 72 W. EXT. OF N. BOUNDARY LINE OF LOT 72 LINE TABLE Line # L1 L2 L3 L4 BEARING N82°58'18"E N00°00'00"E N55°08'15"W S00°00'00"W DISTANCE 35.26' 80.83' 49.74' 85.15' CURVE TABLE CURVE # C1 C2 RADIUS 812.00' 777.00' DELTA 09°15'52" 11°49'09" ARC/LENGTH 131.30' 160.28' CHORD 131.15' 160.00' BEARING N04°34'14"W S05°50'10"E EASTERLY R/W LINE OFSOUTH GULFVIEW BOULEVARDGULF VIEW BOULEVARD (P)70' R/W 35' (R)CENTER LINE OFSOUTH GULFVIEW BOULEVARDSOUTH GULFVIEW BLVD Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0377 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9653-23 on second reading, annexing certain real property whose post office address is 1754 West Manor Avenue, Clearwater, Florida 33765 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 4/3/2023 Ordinance No. 9653-23 ORDINANCE NO. 9653-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST MANOR AVENUE, EAST OF THE INTERSECTION OF CALUMET STREET AND NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 1754 WEST MANOR AVENUE, CLEARWATER, FLORIDA 33765, 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 21, CLEARWATER MANOR, according to the plat thereof recorded in Plat Book 41, Page 66, of the Public Records of Pinellas County, Florida; (ANX2023-01001) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator 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. 9653-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Warehouse Warehouse Clearwater Fire Department ANX2023-01001 Louis Rowlands and Melissa Carr 1754 West Manor Avenue View looking west at subject property on West Manor Avenue South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along West Manor Avenue View looking southerly along West Manor Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0379 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9654-23 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1754 West Manor Avenue, Clearwater, Florida 33765, 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 4/3/2023 Ordinance No. 9654-23 ORDINANCE NO. 9654-23 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 WEST SIDE OF WEST MANOR AVENUE, EAST OF THE INTERSECTION OF CALUMET STREET AND NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 1754 WEST MANOR AVENUE, CLEARWATER, FLORIDA 33765, 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 21, CLEARWATER MANOR, according to the plat thereof recorded in Plat Book 41, Page 66, of the Public Records of Pinellas County, Florida Residential Low (RL) (ANX2023-01001) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9653-23. Ordinance No. 9654-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Warehouse Warehouse Clearwater Fire Department ANX2023-01001 Louis Rowlands and Melissa Carr 1754 West Manor Avenue View looking west at subject property on West Manor Avenue South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along West Manor Avenue View looking southerly along West Manor Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0378 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9655-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1754 West Manor Avenue, Clearwater, Florida 33765, 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 4/3/2023 Ordinance No. 9655-23 ORDINANCE NO. 9655-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST MANOR AVENUE, EAST OF THE INTERSECTION OF CALUMET STREET AND NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 1754 WEST MANOR AVENUE, CLEARWATER, FLORIDA 33765, 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. 9653-23. Property Zoning District Lot 21, CLEARWATER MANOR, according to the plat thereof recorded in Plat Book 41, Page 66, of the Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2023-01001) Ordinance No. 9655-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Louis Rowlands and Melissa Carr Case: ANX2023-01001 Site: 1754 West Manor Avenue Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 06-29-16506-000-0210 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 263A To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Warehouse Warehouse Clearwater Fire Department ANX2023-01001 Louis Rowlands and Melissa Carr 1754 West Manor Avenue View looking west at subject property on West Manor Avenue South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along West Manor Avenue View looking southerly along West Manor Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0380 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9656-23 on second reading, annexing certain real property whose post office address is 1719 Owen Drive, 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 4/3/2023 Ordinance No. 9656-23 ORDINANCE NO. 9656-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OWEN DRIVE APPROXIMATELY 340 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1719 OWEN DRIVE, 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 19, PINELLAS TERRACE, according to the plat thereof recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida; (ANX2023-01002) 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 Community Development Coordinator 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. 9656-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN:05-29-16-71424-000-0190 From: Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation(P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings ANX2023-01002 Barbara Banck 1719 Owen Drive View looking east at subject property on Owen Drive South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Owen Drive View looking southerly along Owen Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0381 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9657-23 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1719 Owen Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water/Drainage Feature Overlay. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Ordinance No. 9657-23 ORDINANCE NO. 9657-23 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 EAST SIDE OF OWEN DRIVE APPROXIMATELY 340 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1719 OWEN DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER/DRAINAGE FEATURE OVERLAY; 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 19, PINELLAS TERRACE, according to the plat thereof recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida Residential Low (RL), Water/Drainage Feature Overlay (ANX2023-01002) 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. 9656-23. Ordinance No. 9657-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN:05-29-16-71424-000-0190 From: Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation(P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings ANX2023-01002 Barbara Banck 1719 Owen Drive View looking east at subject property on Owen Drive South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Owen Drive View looking southerly along Owen Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0385 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9658-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1719 Owen Drive, 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 4/3/2023 Ordinance No. 9658-23 ORDINANCE NO. 9658-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF OWEN DRIVE APPROXIMATELY 340 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1719 OWEN DRIVE, 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. 9656-23. Property Zoning District Lot 19, PINELLAS TERRACE, according to the plat thereof recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2023-01002) Ordinance No. 9658-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN:05-29-16-71424-000-0190 From: Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation(P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Barbara Banck Case: ANX2023-01002 Site: 1719 Owen Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-71424-000-0190 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings ANX2023-01002 Barbara Banck 1719 Owen Drive View looking east at subject property on Owen Drive South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Owen Drive View looking southerly along Owen Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0383 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9667-23 on second reading, vacating a portion of a platted drainage and utility easement located on Lot 1, Block F, Northwood Estates - Tract F, according to the map or plat thereof as recorded in Plat Book 77, Pages 46-47 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 1 Ord. 9667-23 ORDINANCE NO. 9667-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A PLATTED DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1, BLOCK F, NORTHWOOD ESTATES – TRACT F, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGES 46-47, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. WHEREAS, Edgar and Vanessa Sherlock are the owners in fee simple title of real property located at 2584 Deer Run East, Clearwater, FL 33761-3933, and to clear a cloud on title due to an encroachment into a City easement, they have requested that the City partially vacate said easement located therein; and WHEREAS, the City Council of the City of Clearwater, Florida finds that the portion of said easement with the encroachment is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The portion of the easement described as follows: See Exhibit “A” Is hereby vacated, closed, and released, and the City of Clearwater releases all of its right, title, and interest thereto, however, this vacation is in no way intended to impact the City’s ownership of the remainder of the easement on the property, which is reserved and remains unaffected by this vacation. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 Ord. 9667-23 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0384 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9671-23 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2023 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Solid Waste & Recycling Fund, and Parking Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Ordinance #9671-23 40 ORDINANCE NO. 9671-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID WASTE & RECYCLING FUND, AND PARKING FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2023, for operating purposes, including debt service, was adopted by Ordinance No. 9615-22; and WHEREAS, at the first quarter review it was found that an increase of $3,128,653 is necessary for revenues and an increase of $3,428,653 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. 9615-22 is amended to read: Pursuant to the Amended City Manager's Annual Report and estimate for the fiscal year beginning October 1, 2022 and ending September 30, 2023 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ David Margolis, City Attorney Rosemarie Call, City Clerk FirstQuarter Budgeted Use of Total AmendedRevenues Reserves Revenues Budget 2022/23 2022/23 2022/23 2022/23 Amendments General Fund: Ad Valorem Taxes 80,964,710 - 80,964,710 80,964,710 - Utility Taxes 17,890,000 - 17,890,000 17,890,000 - Local Option, Fuel & Other Taxes 6,430,000 - 6,430,000 6,430,000 - Franchise Fees 11,000,000 - 11,000,000 11,000,000 - Other Permits & Fees 3,908,500 - 3,908,500 3,908,500 - Intergovernmental Revenues 28,768,720 - 28,768,720 28,768,720 - Charges for Services 17,218,270 - 17,218,270 17,218,270 - Judgments, Fines & Forfeitures 1,439,000 - 1,439,000 1,439,000 - Miscellaneous Revenues 3,512,758 - 3,512,758 3,512,758 - Transfers In 12,497,802 - 12,497,802 12,497,802 - Transfer (to) from Reserves - - - 10,870 10,870 Total, General Fund 183,629,760 - 183,629,760 183,640,630 10,870 Special Revenue Funds: Special Development Fund 22,408,560 6,507,630 28,916,190 28,995,390 79,200 Special Program Fund 1,579,555 - 1,579,555 4,618,138 3,038,583 Local Housing Asst Trust Fund 1,291,060 - 1,291,060 1,291,060 - Utility & Other Enterprise Funds: Water & Sewer Fund 106,880,100 - 106,880,100 106,880,100 - Stormwater Utility Fund 17,714,840 - 17,714,840 17,714,840 - Solid Waste & Recycling Fund 30,381,600 - 30,381,600 30,381,600 - Gas Fund 56,016,540 3,815,800 59,832,340 59,832,340 - Airpark Fund 382,000 24,990 406,990 406,990 - Marine Fund 6,551,910 486,730 7,038,640 7,038,640 - Clearwater Harbor Marina 946,000 57,610 1,003,610 1,003,610 - Parking Fund 10,751,080 8,116,050 18,867,130 18,867,130 - Internal Service Funds: Administrative Services Fund 16,150,270 - 16,150,270 16,150,270 - General Services Fund 6,498,650 - 6,498,650 6,498,650 - Garage Fund 19,533,130 - 19,533,130 19,533,130 - Central Insurance Fund 35,753,700 - 35,753,700 35,753,700 - Total, All Funds 516,468,755 19,008,810 535,477,565 538,606,218 3,128,653 EXHIBIT A 2022-23 BUDGET REVENUE 41 Ordinance #9671-23 FirstQuarter Original AmendedBudgetBudget 2022/23 2022/23 Amendments General Fund: City Council 459,136 525,486 66,350 City Manager's Office 1,032,745 1,032,745 - City Attorney's Office 2,549,409 2,560,279 10,870 City Audit 372,930 372,930 - City Clerk 1,274,878 1,274,878 - CRA Administration 691,422 691,422 - Economic Development & Housing 2,019,501 1,954,501 (65,000) Finance 2,938,832 2,938,832 - Fire 33,798,143 33,798,143 - Human Resources 2,233,506 2,233,506 - Library 9,445,675 9,445,675 - Non-Departmental 11,763,576 11,697,226 (66,350) Office of Innovation 899,534 899,534 - Parks & Recreation 38,162,462 39,337,937 1,175,475 Planning & Development 7,605,355 7,605,355 - Police 53,505,918 53,505,918 - Public Communications 1,573,275 1,573,275 - Public Utilities 412,520 412,520 - Public Works 12,890,943 11,780,468 (1,110,475) Total, General Fund - 183,629,760 183,640,630 10,870 Special Revenue Funds: Special Development Fund 28,466,190 28,545,390 79,200 Special Program Fund 1,504,555 4,543,138 3,038,583 Local Housing Asst Trust Fund 1,291,060 1,291,060 - Utility & Other Enterprise Funds: Water & Sewer Fund 100,828,010 100,828,010 - Stormwater Utility Fund 16,791,710 16,791,710 - Solid Waste & Recycling Fund 28,437,980 28,737,980 300,000 Gas Fund 59,832,340 59,832,340 - Airpark Fund 406,990 406,990 - Marine Fund 7,038,640 7,038,640 - Clearwater Harbor Marina 1,003,610 1,003,610 - Parking Fund 18,867,130 18,867,130 - Internal Service Funds: Administrative Services Fund 16,069,230 16,069,230 - General Services Fund 6,462,980 6,462,980 - Garage Fund 19,470,400 19,470,400 - Central Insurance Fund 35,752,330 35,752,330 - Total, All Funds - 525,852,915 529,281,568 3,428,653 EXHIBIT A (Continued) 2022-23 BUDGET EXPENDITURES 42 Ordinance #9671-23 First Quarter Budget Review Fiscal Year 2022-23 Memorandum TO: Mayor and City Council FROM: Jennifer Poirrier, Interim City Manager COPIES: Michael Delk, Assistant City Manager SUBJECT: First quarter budget review - amended City Manager's annual budget report DATE: February 23, 2023 Attached is the first quarter budget review in accordance with the City Code of Ordinances. This report is based on the first three months of activity in the current fiscal year (October 2022 through December 2022). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $10,870. The General Fund increase of $10,870 at first quarter represents the Council approved appropriation of General Fund reserves to fund the annual wage increase for the City Attorney. Other amendments, which net to zero, reflect transfers between departments to reallocate funding. This includes the transfer of nine FTE’s and the associated expenditure budget to move the operations of median and right-of-way beautification from Public Works back to Parks and Recreation. 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. Estimated General Fund reserves at first quarter are approximately $57.9 million, or 31.6% of the current year’s General Fund expenditure budget, exceeding our minimum reserve requirement by $42.3 million. Significant amendments to other city operating funds are noted as follows: Solid Waste and Recycling Fund Amendments to Solid Waste and Recycling Fund expenditures reflect the council approved increase of $300,000 to provide for increased single stream recycling costs. Budgeted revenues are sufficient to cover this increase. First Quarter Budget Review Fiscal Year 2022-23 Capital Improvement Program First quarter amendments to the capital improvement program reflect a net increase of $3,674,281. Amendments previously approved by Council include an increase of $462,000 in grant revenues from FEMA in the Pump Station Replacement project; an increase of $70,000 in donation revenue in the Athletic Field Shade Structures project; and $79,200 in recreation facility impact fees in the Parks & Beautification R&R project. Project activity not previously approved by the Council is summarized on page 19. Significant amendments include decreases in lease purchase revenue of $29,955 in the B&M Vehicle & Equipment project and $185,000 in the Solid Waste/Recycling Vehicle & Equipment project; increases in property owner share revenues of $48,604 in the Pinellas New Mains/Service Lines and $102,308 in the Pasco New Mains/Service Lines projects; and increase of $2,761,324 of revenues from Safety Harbor for their share of the N.E. Plant Upgrades/Improvements project; increases for reimbursements from Pinellas County of $8,392 in the Sanitary Sewer Relocation project and $181,517 in the Line Relocation-Maintenance project; and an increase of $153,591 in Parking Fund revenues in the Seminole Boat Launch Maintenance project. Special Program Fund The Special Program Fund reflects a net budget increase of $3,038,583 at first quarter. Significant amendments include an increase of $300,000 in grant revenues from the Environmental Protection Agency (EPA) for the Brownfield MAC Grant; $39,697 in public safety grant revenues for Federal Forfeiture Sharing and Pedestrian/Bicycle Safety; $458,553 from the Pinellas County School Board for school resource officer’s 2022/23 contract and extra duty reimbursement; transfers of General Fund revenues from the Police Department of $115,200 for officers overtime at special; $689,616 in contractual service revenue for police extra duty; $468,897 for from the Juvenile Welfare Board for 2022/23 summer and after school programs; $34,333 in donation revenues to support Police and Library programs; $6,400 in foreclosure registry fees collected; $498,680 in fines and court proceeds for public safety programs, lien foreclosure, and the tree replacement program; $135,281 in Opioid Settlement Funds collected; $8,091 in interest earnings from the prior year; and $283,834 transferred between existing police programs. CITY OF CLEARWATER CITY OF CLEARWATER FIRST QUARTER SUMMARY MID-YEAR SUMMARY 2022/23 2022/23 FY 22/23 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 183,629,760 90,254,454 93,375,306 49%10,870 183,640,630 Expenditures 183,629,760 56,408,505 127,221,255 31%10,870 183,640,630 Utility Funds: Water & Sewer Fund Revenues 106,880,100 26,495,429 80,384,671 25%- 106,880,100 Expenditures 100,828,010 53,227,542 47,600,469 53%- 100,828,010 Stormwater Fund Revenues 17,714,840 4,599,075 13,115,765 26%- 17,714,840 Expenditures 16,791,710 9,802,674 6,989,036 58%- 16,791,710 Gas Fund Revenues 59,832,340 12,939,739 46,892,602 22%- 59,832,340 Expenditures 59,832,340 21,175,400 38,656,940 35%- 59,832,340 Solid Waste and Recycling Fund Revenues 30,381,600 8,283,395 22,098,205 27%- 30,381,600 Expenditures 28,437,980 6,679,167 21,758,813 23%300,000 28,737,980 Enterprise Funds: Marine Fund Revenues 7,038,640 1,602,523 5,436,117 23%- 7,038,640 Expenditures 7,038,640 2,554,002 4,484,638 36%- 7,038,640 Airpark Fund Revenues 406,990 94,134 312,857 23%- 406,990 Expenditures 406,990 141,799 265,191 35%- 406,990 Clearwater Harbor Marina Fund Revenues 1,003,610 261,113 742,497 26%- 1,003,610 Expenditures 1,003,610 355,323 648,287 35%- 1,003,610 Parking Fund Revenues 18,867,130 2,420,511 16,446,619 13%- 18,867,130 Expenditures 18,867,130 12,870,657 5,996,473 68%- 18,867,130 Internal Service Funds: General Services Fund Revenues 6,498,650 1,676,153 4,822,497 26%- 6,498,650 Expenditures 6,462,980 1,278,978 5,184,002 20%- 6,462,980 Administrative Services Revenues 16,150,270 3,913,424 12,236,846 24%- 16,150,270 Expenditures 16,069,230 4,802,784 11,266,446 30%- 16,069,230 Garage Fund Revenues 19,533,130 4,932,545 14,600,585 25%- 19,533,130 Expenditures 19,470,400 3,450,949 16,019,451 18%- 19,470,400 Central Insurance Fund Revenues 35,753,700 8,807,174 26,946,526 25%- 35,753,700 Expenditures 35,752,330 8,497,577 27,254,753 24%- 35,752,330 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2022-23 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................... 15 Capital Improvement Program Budget ........................................................................................ 19 Special Program Fund Budget ....................................................................................................... 30 Special Development Fund ........................................................................................................... 36 Administrative Change Orders ...................................................................................................... 39 Ordinances ..................................................................................................................................... 40 The amended 2022/23 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents three months, October 1, 2022 through December 31, 2022. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2022. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on October 6, 2022. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on this quarter’s review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2022/23 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 Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2022, which includes project 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 based on this quarter’s review. Revised Budget - Adding the Budget and Amendment columns. 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 first quarter,approximately 87%of property tax revenue has been received.As projected,most property tax payments are made within the first six months of the fiscal year. No amendment is proposed at this time. - At first quarter,approximately 42%of budgeted local option,fuel and other taxes revenues have been collected. As projected,most business tax receipts are received within the first three months of the fiscal year.No amendment is proposed at this time. 10,870 1)An appropriation of $10,870.00 from fund reserves to provide funding for the City Attorney's annual pay increase,as approved by the Council on December 1, 2022. 10,870 10,870 Local Option, Fuel & Other Taxes Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus City of Clearwater General Fund Revenues First Quarter Amendments FY 2022/23 Ad Valorem Taxes 3 Increase/ (Decrease)Description 66,350 First quarter amendments to City Council reflect an increase of $66,350.00 to city sponsorships transferring funding from Non-Departmental to provide for city approved sponsorships,as approved by the Council on November 3, 2022. 10,870 At first quarter,City Attorney expenditures reflect an increase of $10,870.00 to salaries and wages for the City Attorney's annual pay increase,as approved by the Council on December 1, 2022. (65,000) At first quarter,Economic Development and Housing expenditures reflect a decrease of $65,000.00 to contractual services transferring expenditures to Parks &Recreation for payments in support of the Clearwater Beach Visitor Information Center. 1,175,475 At first quarter,Parks and Recreation expenditures reflect 40%of total budget resulting from transfers to the capital fund occurring in the first period of the year. First quarter amendments to Parks &Recreation reflect a net increase of $1,175,475.00.Amendments include:1)an increase of $65,000.00 to contractual services transferring expenditures from Economic Development and Housing for payments in support of the Clearwater Beach Visitor Information Center;and 2)an increase of $1,110,475.00 transferring all expenditures and FTEs associated with the beautification of city medians and rights-of-way from Public Works. - First quarter amendments to Police Department reflect a net zero transfer of $115,200.00 of overtime salaries &wages to special program PRSE190001,Special Events to fund overtime expenses for various approved co-sponsored events, as approved by the Council on August 4, 2022.Police Parks & Recreation City of Clearwater General Fund Expenditures First Quarter Amendments FY 2022/23 Economic Development and Housing City Council City Attorney's Office 4 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2022/23 (1,110,475) First quarter amendments to Public Works expenditures reflect a decrease of $1,110,475.00 transferring all expenditures and FTEs associated with the beautification of city medians and rights-of-way to Parks & Recreation. (66,350) At first quarter,Non-Departmental expenditures reflect 67% of total budget resulting from transfers occurring in the first period of the year. A first quarter amendment to Non-Departmental reflects a decrease of $66,350.00 to professional services transferring to City Council to provide funding for city approved sponsorships,as approved by the Council on November 3, 2022. 10,870 Public Works Net General Fund Expenditure Non-Departmental 5 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 80,964,710 70,216,917 10,747,793 87%- 80,964,710 Utility Taxes 17,890,000 3,178,312 14,711,688 18%- 17,890,000 Local Option, Fuel and Other Taxes 6,430,000 2,695,868 3,734,132 42%- 6,430,000 Franchise Fees 11,000,000 1,739,446 9,260,554 16%- 11,000,000 Other Permits & Fees 3,908,500 876,625 3,031,875 22%- 3,908,500 Intergovernmental 28,768,720 4,102,006 24,666,714 14%- 28,768,720 Charges for Services 17,218,270 3,822,336 13,395,934 22%- 17,218,270 Judgments, Fines and Forfeitures 1,439,000 266,574 1,172,426 19%- 1,439,000 Miscellaneous Revenues 3,512,758 1,028,368 2,484,390 29%- 3,512,758 Transfers In 12,497,802 2,328,002 10,169,800 19%- 12,497,802 Total Revenues 183,629,760 90,254,454 93,375,306 49%- 183,629,760 Transfer (to) from Surplus - - - ~10,870 10,870 Adjusted Revenues 183,629,760 90,254,454 93,375,306 49%10,870 183,640,630 General Fund Expenditures City Council 459,136 166,160 292,976 36%66,350 525,486 City Manager's Office 1,032,745 283,619 749,126 27%- 1,032,745 City Attorney's Office 2,549,409 497,385 2,052,024 20%10,870 2,560,279 City Audit 372,930 61,899 311,031 17%- 372,930 City Clerk 1,274,878 261,523 1,013,355 21%- 1,274,878 CRA Administration 691,422 141,463 549,960 20%- 691,422 Economic Development and Housing 2,019,501 497,733 1,521,768 25%(65,000) 1,954,501 Finance 2,938,832 635,919 2,302,913 22%- 2,938,832 Fire 33,798,143 8,496,939 25,301,204 25%- 33,798,143 Human Resources 2,233,506 379,974 1,853,532 17%- 2,233,506 Library 9,445,675 2,796,223 6,649,452 30%- 9,445,675 Non-Departmental 11,763,576 7,927,577 3,835,999 67%(66,350) 11,697,226 Office of Innovation 899,534 173,280 726,254 19%- 899,534 Parks & Recreation 38,162,462 15,093,926 23,068,536 40%1,175,475 39,337,937 Planning & Development 7,605,355 1,777,588 5,827,767 23%- 7,605,355 Police 53,505,918 13,988,042 39,517,876 26%- 53,505,918 Public Communications 1,573,275 319,604 1,253,671 20%- 1,573,275 Public Utilities 412,520 101,999 310,521 25%- 412,520 Public Works 12,890,943 2,807,653 10,083,290 22%(1,110,475) 11,780,468 Total Expenditures 183,629,760 56,408,505 127,221,255 31%10,870 183,640,630 For the Three Month Period of October 1, 2022 - December 31, 2022 GENERAL FUND FIRST QUARTER REVIEW 6 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 103,669,490 25,638,216 78,031,274 25%- 103,669,490 Judgments, Fines and Forfeits 271,000 60,763 210,237 22%- 271,000 Miscellaneous 2,939,610 796,450 2,143,160 27%- 2,939,610 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 106,880,100 26,495,429 80,384,671 25%- 106,880,100 Water & Sewer Expenditures: Public Utilities Administration 3,137,339 578,047 2,559,292 18%- 3,137,339 Wastewater Collection 13,624,801 9,415,559 4,209,242 69%- 13,624,801 Public Utilities Maintenance 8,225,723 3,402,233 4,823,490 41%- 8,225,723 WPC / Plant Operations 26,602,163 14,298,108 12,304,055 54%- 26,602,163 WPC / Laboratory Operations 611,067 116,232 494,835 19%- 611,067 WPC / Industrial Pretreatment 999,062 223,479 775,583 22%- 999,062 Water Distribution 19,485,328 11,017,045 8,468,283 57%- 19,485,328 Water Supply 23,124,370 11,605,124 11,519,246 50%- 23,124,370 Reclaimed Water 5,018,157 2,571,715 2,446,442 51%- 5,018,157 Total Expenditures 100,828,010 53,227,542 47,600,469 53%- 100,828,010 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $6,052,090 for fiscal year 2022/23. No amendments are proposed to Water and Sewer Fund revenues at first quarter. No amendments are proposed to Water and Sewer Fund expenditures at first quarter.Expenditures reflect 53%of total budget due to transfers to the capital fund which happen in the first period of the year. 7 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,340,280 4,419,675 12,920,605 25%- 17,340,280 Judgments, Fines and Forfeits 73,000 9,927 63,073 14%- 73,000 Miscellaneous 301,560 169,473 132,087 56%- 301,560 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 17,714,840 4,599,075 13,115,765 26%- 17,714,840 Stormwater Expenditures: Stormwater Management 10,773,256 8,568,094 2,205,162 80%- 10,773,256 Stormwater Maintenance 6,018,454 1,234,580 4,783,874 21%- 6,018,454 Total Expenditures 16,791,710 9,802,674 6,989,036 58%- 16,791,710 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At first quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $923,130 for fiscal year 2022/23. No amendments are proposed to Stormwater Fund revenues at first quarter. No amendments are proposed to Stormwater Fund expenditures at first quarter.Expenditures reflect 58%of total budget due to transfers to the capital fund and payment of bonded debt which happen in the first period of the year. 8 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 55,595,170 12,803,428 42,791,743 23%- 55,595,170 Judgments, Fines and Forfeits 100,000 18,859 81,141 19%- 100,000 Miscellaneous 321,370 117,452 203,918 37%- 321,370 Transfers In - - - ~- - Fund Equity 3,815,800 - 3,815,800 0%- 3,815,800 Total Revenues 59,832,340 12,939,739 46,892,602 22%- 59,832,340 Gas Expenditures: Administration & Supply 29,734,623 4,607,983 25,126,640 15%- 29,734,623 Pinellas Gas Operations 14,305,023 7,808,113 6,496,910 55%- 14,305,023 Pasco Gas Operations 6,677,081 2,488,788 4,188,293 37%- 6,677,081 Marketing & Sales 9,115,613 6,270,517 2,845,096 69%- 9,115,613 Total Expenditures 59,832,340 21,175,400 38,656,940 35%- 59,832,340 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Gas Fund revenues at first quarter. No amendments are proposed to Gas Fund expenditures at first quarter.Expenditures reflect 35%of total budget due to transfers to the capital fund which happen in the first period of the year. 9 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 230 770 23%- 1,000 Charges for Service 26,874,695 7,260,790 19,613,905 27%- 26,874,695 Judgments, Fines and Forfeits 95,000 15,616 79,384 16%- 95,000 Miscellaneous 625,000 271,705 353,295 43%- 625,000 Transfers In - - - ~- - Solid Waste Revenues 27,595,695 7,548,340 20,047,355 27%- 27,595,695 Recycling Revenues: Other Permits and Fees 350 - 350 0%- 350 Intergovernmental - - - ~- - Charges for Service 2,557,274 693,159 1,864,115 27%- 2,557,274 Judgments, Fines and Forfeits 8,000 1,442 6,558 18%- 8,000 Miscellaneous 220,281 40,454 179,827 18%- 220,281 Transfers In - - - ~- - Recycling Revenues 2,785,905 735,055 2,050,850 26%- 2,785,905 Fund Equity - - - ~- - Total Revenues 30,381,600 8,283,395 22,098,205 27%- 30,381,600 Solid Waste Expenditures: Collection 20,030,254 4,791,381 15,238,873 24%- 20,030,254 Transfer 2,467,042 437,968 2,029,074 18%- 2,467,042 Container Maintenance 958,445 209,825 748,620 22%- 958,445 Administration 1,362,394 463,763 898,631 34%- 1,362,394 Solid Waste Expenditures 24,818,135 5,902,937 18,915,198 24%- 24,818,135 Recycling Expenditures: Residential 1,670,431 323,436 1,346,995 19%- 1,670,431 Multi-Family 430,139 119,359 310,780 28%- 430,139 Commercial 1,519,275 333,434 1,185,841 22%300,000 1,819,275 Recycling Expenditures 3,619,845 776,230 2,843,615 21%300,000 3,919,845 Total Expenditures 28,437,980 6,679,167 21,758,813 23%300,000 28,737,980 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:300,000 At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,643,620 for fiscal year 2022/23. No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. At first quarter,amendments to Solid Waste and Recycling Fund expenditures reflect an increase of $300,000.00 to contractual services to provide additional funding for recycling of single stream materials,as approved by Council on February 16,2023.Sufficient revenues are budgeted to offset this increase in expenditures. 10 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 6,399,710 1,507,883 4,891,827 24%- 6,399,710 Judgments, Fines and Forfeits 3,200 200 3,000 6%- 3,200 Miscellaneous Revenue 149,000 94,440 54,560 63%- 149,000 Transfers In - - - ~- - Fund Equity 486,730 - 486,730 0%- 486,730 Total Revenues 7,038,640 1,602,523 5,436,117 23%- 7,038,640 Marine Expenditures: Marina Operations 7,038,640 2,554,002 4,484,638 36%- 7,038,640 Total Expenditures 7,038,640 2,554,002 4,484,638 36%- 7,038,640 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Marine Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Marine Fund revenues at first quarter. No amendments are proposed to Marine Fund expenditures at first quarter.Expenditures reflect 36%of total budget due to transfers to the capital fund which happen in the first period of the year. 11 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 913,500 241,607 671,893 26%- 913,500 Judgments, Fines and Forfeits 1,000 150 850 15%- 1,000 Miscellaneous Revenue 31,500 19,357 12,143 61%- 31,500 Transfers In - - - ~- - Fund Equity 57,610 - 57,610 0%- 57,610 Total Revenues 1,003,610 261,113 742,497 26%- 1,003,610 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 1,003,610 355,323 648,287 35%- 1,003,610 Total Expenditures 1,003,610 355,323 648,287 35%- 1,003,610 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Clearwater Harbor Marina Fund revenues at first quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at first quarter.Expenditures reflect 35%of total budget due to transfers to the capital fund which happen in the first period of the year. 12 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,000 5,387 12,613 30%- 18,000 Miscellaneous Revenue 364,000 88,747 275,254 24%- 364,000 Transfers In - - - ~- - Fund Equity 24,990 - 24,990 0%- 24,990 Total Revenues 406,990 94,134 312,857 23%- 406,990 Airpark Expenditures: Airpark Operations 406,990 141,799 265,191 35%- 406,990 Total Expenditures 406,990 141,799 265,191 35%- 406,990 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Airpark Fund revenues at first quarter. No amendments are proposed to Airpark Fund expenditures at first quarter.Expenditures reflect 35%of total budget due to transfers to the capital fund which happen in the first period of the year. 13 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 9,561,080 1,888,845 7,672,235 20%- 9,561,080 Judgments, Fines and Forfeits 990,000 370,362 619,638 37%- 990,000 Miscellaneous Revenue 200,000 158,743 41,257 79%- 200,000 Transfers In - 2,560 (2,560) ~- - Fund Equity 8,116,050 - 8,116,050 0%- 8,116,050 Total Revenues 18,867,130 2,420,511 16,446,619 13%- 18,867,130 Parking Expenditures Public Works/Parking System 16,472,238 12,277,828 4,194,410 75%47,285 16,519,523 Public Works/Parking Enforcement 1,046,022 194,044 851,978 19%(47,285) 998,737 Fire Dept/Beach Guards 1,194,937 354,053 840,884 30%- 1,194,937 M&A/Seminole Street Boat Ramp 153,933 44,731 109,202 29%- 153,933 Total Expenditures 18,867,130 12,870,657 5,996,473 68%- 18,867,130 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- At first quarter, anticipated revenues of the Parking Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Parking Fund revenues at first quarter. At first quarter,Parking Fund expenditures reflect 68%of total budget due to transfers to the capital fund which happen in the first period of the year.Amendments reflect a transfer of budget between cost centers. 14 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,368,650 1,605,208 4,763,442 25%- 6,368,650 Miscellaneous Revenues 130,000 70,946 59,055 55%- 130,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,498,650 1,676,153 4,822,497 26%- 6,498,650 General Services Expenditures: Administration 512,198 95,091 417,107 19%- 512,198 Building & Maintenance 5,950,782 1,183,887 4,766,895 20%- 5,950,782 Total Expenditures 6,462,980 1,278,978 5,184,002 20%- 6,462,980 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At first quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $35,670 for fiscal year 2022/23. No amendments are proposed to General Services Fund revenues at first quarter. No amendments are proposed to General Services Fund expenditures at first quarter. INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 15 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 16,050,270 3,834,568 12,215,702 24%- 16,050,270 Miscellaneous Revenues 100,000 78,855 21,145 79%- 100,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 16,150,270 3,913,424 12,236,846 24%- 16,150,270 Administrative Services Expenditures: Info Tech / Admin 515,877 83,949 431,928 16%- 515,877 Info Tech / Network Ops & User Suport 4,854,345 1,792,453 3,061,892 37%- 4,854,345 Info Tech / Network Security & Architecture 2,646,074 786,161 1,859,913 30%- 2,646,074 Info Tech / Solutions & Programming 2,761,577 898,548 1,863,029 33%- 2,761,577 Info Tech / Telecommunications - 147,438 (147,438) ~- - Info Tech / Enterprise Systems & Training 1,091,360 95,239 996,121 9%- 1,091,360 Public Comm / Courier 198,577 23,301 175,276 12%- 198,577 Clearwater Customer Service 4,001,420 975,695 3,025,725 24%- 4,001,420 Total Expenditures 16,069,230 4,802,784 11,266,446 30%- 16,069,230 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at first quarter. No amendments are proposed to Administrative Services Fund expenditures at first quarter. At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $81,040 for fiscal year 2022/23. 16 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 GARAGE FUND Garage Fund Revenues Charges for Service 18,908,130 4,730,102 14,178,028 25%- 18,908,130 Miscellaneous Revenues 625,000 202,442 422,558 32%- 625,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 19,533,130 4,932,545 14,600,585 25%- 19,533,130 Garage Fund Expenditures: Fleet Maintenance 17,789,189 3,343,991 14,445,198 19%- 17,789,189 Radio Communications 1,681,211 106,958 1,574,253 6%- 1,681,211 Total Expenditures 19,470,400 3,450,949 16,019,451 18%- 19,470,400 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At first quarter, anticipated revenues of the Garage Fund exceed anticipated expenditures by $62,730 for fiscal year 2022/23. No amendments are proposed to Garage Fund revenues at first quarter. No amendments are proposed to Garage Fund expenditures at first quarter. 17 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 35,413,700 8,585,622 26,828,078 24%- 35,413,700 Miscellaneous Revenues 340,000 221,552 118,448 65%- 340,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 35,753,700 8,807,174 26,946,526 25%- 35,753,700 Central Insurance Expenditures: Finance / Risk Management 438,663 77,207 361,456 18%- 438,663 HR / Employee Benefits 414,160 56,127 358,033 14%- 414,160 HR / Employee Health Clinic 1,731,900 243,606 1,488,294 14%- 1,731,900 Non-Departmental 33,167,607 8,120,636 25,046,971 24%- 33,167,607 Total Expenditures 35,752,330 8,497,577 27,254,753 24%- 35,752,330 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $1,370 for fiscal year 2022/23. No amendments are proposed to Central Insurance Fund revenues at first quarter. No amendments are proposed to Central Insurance Fund expenditures at first quarter. 18 CAPITAL IMPROVEMENT PROGRAM First Quarter Summary FY 2022/23 19 The amended 2022/23 Capital Improvement Program budget report is submitted for the City Council's first quarter review. The proposed amendment is a net budget increase in the amount of $3,674,281. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  B&M Vehicle & Equipment – a budget decrease of $29,955 in lease purchase revenue.  Pinellas New Mains/Service Lines – a budget increase of $48,604 in property owners share revenue.  Pasco New Mains / Service Lines – a budget increase of $102,308 in property owners share revenues.  Solid Waste/Recycle Vehicle & Equipment – a budget decrease of $185,000 in lease purchase revenue.  N.E. Plant Upgrades/Improvements – a budget increase of $2,761,324 in governmental revenue from Safety Harbor.  Sanitary Sewer Relocation - a budget increase of $8,392 reimbursed from Pinellas County.  Line Relocation - Maintenance – a budget increase of $181,517 reimbursed from Pinellas County.  Seminole Boat Launch Maintenance – a budget increase of $153,591 in Parking Fund revenue. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Pump Station Replacement $462,000 12/15/22  Athletic Field Shade Structures $ 70,000 10/20/22  Parks & Beautification R&R $79,200 10/20/22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Motorized Equipment - Cash 1 94233 21,156 To record a budget increase of $21,156.02 in insurance claims vehicle revenue to bring the budget in line with revenues received.21,156 B&M Vehicle & Equipment - CLOSE PROJECT 2 L1902 (29,955) To record budget decrease of $29,954.50 in lease purchase revenue.This will bring the budget in line with actual expenditures to close the project.(29,955) Police Equipment Replacement 3 P1802 45,861 To record a budget transfer of $45,860.72 in general fund revenue from project P1803,Command Bus Refurbishment.45,861 Command Bus Refurbishment - CLOSE PROJECT 4 P1803 (45,861) To record a budget transfer of $45,860.72 in general fund revenue to project P1802,Police Equipment Replacement. This project will be closed.(45,861) SCBA Upgrade - Fill Station - CLOSE PROJECT 5 91262 (42,634) To record a budget transfer of $42,634.00 in general fund revenue to project 91229,Replace &Upgrade Airpacks. This project will be closed.(42,634) Replace & Upgrade Airpacks 6 91229 42,634 To record a budget transfer of $42,634.00 in general fund revenue from project 91262, SCBA Upgrade - Fill Station.42,634 Pinellas New Mains / Service Lines 7 96377 48,604 To record a budget increase of $48,604.48 in property owners share revenue to bring the budget in line with revenues received.48,604 Pasco New Mains / Service Lines 8 96378 102,308 To record a budget increase of $102,308.45 in property owners share revenue to bring the budget in line with revenues received.102,308 Facility R & R - CLOSE 9 96426 (1,165,542) To record a budget transfer of $1,165,542.32 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(1,165,542) Residential Container Acquisition - CLOSE PROJECT 10 96443 (593,659) To record a budget transfer of $593,659.28 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(593,659) CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 Commercial Container Acquisition - CLOSE PROJECT 11 96444 (342,971) To record a budget transfer of $342,971.47 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(342,971) Solar Trash & Recycling Kiosks - CLOSE PROJECT 12 96445 (125,232) To record a budget transfer of $125,231.60 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(125,232) Solid Waste CNG Station - CLOSE PROJECT 13 96448 (150,000) To record a budget transfer of $150,000.00 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(150,000) Solid Waste Truck Wash Facility - CLOSE PROJECT 14 96449 (555,500) To record a budget transfer of $555,500.00 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(555,500) Recycling Carts/Dumpsters - CLOSE PROJECT 15 96804 (500,795) To record a budget transfer of $500,795.15 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(500,795) Recycling Expansion/Participation R&R - CLOSE PROJECT 16 96805 (118,589) To record a budget transfer of $118,588.82 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(118,589) Rebuild Solid Waste Administration Complex - NEW PROJECT 17 C2302 8,610,526 To record a budget increase of $8,610,525.63 in solid waste fund revenues from the following projects: 1)$1,165,542.32 from project 96426,Facility R&R;2) $593,659.28 from project 96443,Residential Container Acquisition;3)$342,971.47 from project 96444, Commercial Container Acquisition;4)$125,231.60 from project 96445,Solar Trash &Recycling Kiosks;5) $150,000.00 from project 96448,Solid Waste CNG Station; 5)$555,500.00 from project 96449,Solid Waste Truck Wash Facility;6)$500,795.15 from project 96804,Recycling Carts/Dumpsters;7)$118,588.82 from project 96805, Recycling Expansion/Participation R&R;and 8) $5,058,236.99 from project SR00180003,Processing Center Building Replacement.8,610,526 21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 Solid Waste/Recycling Additional Vehicle & Equipment - CLOSE PROJECT 18 L2201 (185,000) To record budget decrease of $185,000.00 in lease purchase revenue. This will close the project.(185,000) Processing Center Building Replacement - CLOSE PROJECT 19 SR00180003 (5,058,237) To record a budget transfer of $5,058,236.99 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(5,058,237) N.E. Plant Upgrades/Improvements 20 96215 2,761,324 To record a budget increase of $2,761,324.29 in governmental revenue from Safety Harbor which represents their portion of project expenditures.2,761,324 Sanitary Sewer Relocation 21 96634 8,392 To record a budget increase of $8,392.07 in reimbursement revenue from Pinellas County to bring the budget in line with revenues received.8,392 Pump Station Replacement 22 96686 462,000 To record a budget increase of $462,000 in grant revenue from the Federal Emergency Management Agency (FEMA) as approved by Council on December 15,2022.462,000 Line Relocation - Maintenance 23 96722 181,517 To record a budget increase of $181,516.72 in reimbursement revenue from Pinellas County to bring the budget in line with revenues received.181,517 Reclaim Water Distribution System R&R 24 96784 1,142 To record a budget increase of $1,142.37 in reimbursement revenue from Pinellas County to bring the budget in line with revenues received.1,142 Parking Lot Improvements 25 ENPK180002 (700,000) To record a budget transfer in parking fund revenue of $700,000.00 to project ENPK180003,Parking Facilities,as approved by the Council November 17, 2022. (700,000) Parking Facilities 26 ENPK180003 700,000 To record a budget transfer in parking fund revenue of $700,000.00 from project ENPK180002,Parking Lot Improvements,as approved by the Council November 17, 2022. 700,000 22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 Seminole Boat Launch Maintenance 27 M2102 153,591 To record a budget increase of $153,591.47 in parking fund revenue to bring the budget in line with revenues received.153,591 Ed Wright/Ross Norton Park Renovations 28 C2002 16,163 To record budget transfers of general fund revenues of $7,011.42 from project 93642,Phillip-Jones Restroom/Concession;and $9,151.36 from project C2205, Enterprise Dog Park. This project's title and scope is being expanded to include renovations at the adjacent Ross Norton Park to provide for the needed updates of this large community park area.16,163 Parks & Beautification R&R 29 M2206 79,200 To record a budget increase of $79,200.00 from recreation facility impact fees as approved by Council October 20, 2022.79,200 Phillip-Jones Restroom/Concession - CLOSE PROJECT 30 93642 (7,011) To record a budget transfer of $7,011.42 in general fund revenue to project C2002,Ed Wright Park Renovation.This will close the project.(7,011) Enterprise Dog Park - CLOSE PROJECT 31 C2205 (9,151) To record a budget transfer of $9,151.36 in general fund revenue to project C2002,Ed Wright Park Renovation.This will close the project.(9,151) Athletic Field Shade Structures 32 C2213 70,000 To record a budget increase of $70,000.00 in donation revenue, as approved by the Council October 20,2022.70,000 3,674,281 - - 3,674,281 TOTAL 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Other General Government 93535 Countryside Library Demolition 75,000 - 75,000 - - 75,000 94233 Motorized Equip-Cash 2,683,945 21,156 2,705,101 2,457,769 92,710 154,622 1 94246 Fleet Management & Mapping 710,000 - 710,000 615,964 - 94,036 94729 City-wide Connectivity 5,623,089 - 5,623,089 3,782,190 - 1,840,900 94736 Geographic Information Sys 1,260,997 - 1,260,997 954,455 - 306,542 94828 Financial Systems Upgrades 4,258,165 - 4,258,165 2,812,051 33,846 1,412,268 94829 CIS Upgrades / Replacement 1,457,376 - 1,457,376 518,508 156,665 782,203 94830 MS Licensing / Upgrades 1,350,000 - 1,350,000 842,601 - 507,399 94850 Backfile Conversion of Records 500,000 - 500,000 192,043 - 307,957 94857 Accela Permit & Code Enforce 450,000 - 450,000 328,512 - 121,488 94873 Citywide Camera System 460,000 - 460,000 277,704 - 182,296 94874 City Enterprise Timekeep Sys 410,000 - 410,000 202,802 - 207,198 94880 Granicus Agenda Mgt Sys 260,000 - 260,000 41,136 - 218,864 94883 Business Proc Review & Improve 1,225,735 - 1,225,735 361,862 89,993 773,880 94888 City EOC & Disaster Recovery Fac 3,360,000 - 3,360,000 3,135,802 39,099 185,099 C1901 Beach Radio Tower 852,370 - 852,370 - - 852,370 C2004 Lift Stations - General Gov 2,240,000 - 2,240,000 176,562 - 2,063,438 C2006 ADA Transition Plan 1,200,000 - 1,200,000 323,506 - 876,494 C2007 Citywide Audio/Visual Solutions 465,053 - 465,053 56,499 - 408,554 C2101 North Ward Preservation 77,920 - 77,920 60,058 - 17,862 C2106 Greenprint Implementation 837,848 - 837,848 337,829 218,086 281,933 C2212 City Hall Demolition 610,000 - 610,000 - 557,693 52,307 G2211 ARPA Fiber Upgrades 3,500,000 - 3,500,000 - - 3,500,000 G2214 ARPA Solar Panels 2,000,000 - 2,000,000 - - 2,000,000 ENGF220001 New City Hall 16,700,300 - 16,700,300 - 2,948,340 13,751,960 GSBM180001 Air Cond Replace-City Wide 2,079,436 - 2,079,436 1,218,232 - 861,204 GSBM180002 Flooring for Facilities 1,677,837 - 1,677,837 1,056,406 72,309 549,122 GSBM180003 Roof Repair and Replacement 3,154,213 - 3,154,213 2,152,741 11,574 989,899 GSBM180004 Painting of Facilities 1,042,923 - 1,042,923 403,132 30,156 609,634 GSBM180005 Fencing of Facilities 183,170 - 183,170 73,199 - 109,970 GSBM180006 Light Replacement & Repair 753,197 - 753,197 374,834 - 378,362 GSBM180007 Elevator Refurbish/Modern 860,576 - 860,576 11,118 - 849,458 GSBM180008 Building Systems 2,218,377 - 2,218,377 813,896 525 1,403,956 GSBM180009 New A/C Chiller System 5,600,000 - 5,600,000 1,752,713 - 3,847,287 GSBM180010 General Services R&R 600,000 - 600,000 402,395 11,327 186,277 GSBM180011 Generator Maintenance 670,000 - 670,000 78,003 - 591,997 GSBM180012 General Faci Bldg Major Reno 2,885,242 - 2,885,242 256,834 370,512 2,257,897 GSFL180001 Fleet Facility R&R 694,520 - 694,520 93,527 24,303 576,690 L1902 B&M Vehicle & Equipment 65,000 (29,955) 35,046 35,046 - - C 2 L1906/M2202 Telecommunications Upgrade 2,269,047 - 2,269,047 11,377 - 2,257,671 L1907/M1911 IT Disaster Recovery 705,396 - 705,396 68,443 - 636,953 L1908/M1912 Network Infra & Server R&R 2,766,417 - 2,766,417 1,719,873 106,515 940,029 L1910 Motorized Equip Replace - LP 24,448,827 - 24,448,827 14,721,507 5,500,528 4,226,791 L1911 Garage - Off Cycle Replacements 500,000 - 500,000 205,544 369,794 (75,338) L2301 Motorized Equip Purchases - LP 2,139,150 - 2,139,150 494,537 843,230 801,383 M1914 Sustainability Initiatives 200,000 - 200,000 146,710 - 53,290 M2007 City EOC Maintenance 125,000 - 125,000 1,162 - 123,838 L2001/M2010 P25 Radio Equipment & Infrast 4,507,104 - 4,507,104 2,853,384 10,560 1,643,160 M2201 Studio/Production Eqp.51,344 - 51,344 - - 51,344 M2211 Neighborhood Reinvest Fund 200,000 - 200,000 - - 200,000 Sub-Total 112,964,573 (8,798) 112,955,774 46,422,466 11,487,765 55,045,544 Actual Expenditures 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Police Protection 94238 Police Vehicles 2,752,032 - 2,752,032 2,491,068 - 260,964 C2201 Police CAD Replacement 900,000 - 900,000 312,791 - 587,209 C2206 PD Equipment Facility 750,000 - 750,000 - - 750,000 P1802 Police Equipment Replacement 809,686 45,861 855,547 712,962 17,605 124,980 3 P1803 Command Bus Refurbishment 200,000 (45,861) 154,139 154,139 - - C 4 P1902 Police Information Systems 450,000 - 450,000 357,945 8,726 83,329 P2102 Training Range Sound Mitigation 820,000 - 820,000 787,787 15,408 16,805 PD00180001 Police District 3 Station 13,050,000 - 13,050,000 11,859,572 1,397,365 (206,937) Sub-Total 19,731,718 - 19,731,718 16,676,264 1,439,104 1,616,350 Fire Protection 91218 Fire Engine Replacement 4,249,366 - 4,249,366 3,482,241 718,190 48,936 91244 Aerial Truck 3,368,080 - 3,368,080 2,653,479 - 714,601 91260 Thermal Imaging Cameras 320,270 - 320,270 163,939 - 156,331 91261 Personal Protection Equip 2,664,250 - 2,664,250 2,158,296 - 505,954 91262 SCBA Upgrade - Fill Station 125,000 (42,634) 82,366 82,366 - - C 5 91264 Fire Hose Replacement 531,460 - 531,460 316,471 - 214,989 91271 Fire Boat 1,008,363 - 1,008,363 694,171 - 314,192 C2207 FD Equipment Facility 750,000 - 750,000 13,582 - 736,418 FD00190001 Fire Station 46 - Beach 10,350,693 - 10,350,693 4,373,494 5,780,792 196,407 FD00190002 Fire Station 47 Replacement 4,839,441 - 4,839,441 1,199,068 115,345 3,525,028 M2005 Fire Training Tower 400,286 - 400,286 52,987 - 347,299 Sub-Total 28,607,208 (42,634) 28,564,574 15,190,095 6,614,327 6,760,153 Fire Rescue Services 91229 Replace & Upgrade Airpacks 1,341,680 42,634 1,384,314 921,668 - 462,646 6 91236 Rescue Vehicle 862,500 - 862,500 275,930 219,850 366,720 91257 AED Program 315,510 - 315,510 279,236 - 36,274 91263 Extrication Tools 177,000 - 177,000 125,708 - 51,292 ENGF190002 Beach Guard Tower 324,239 - 324,239 95,585 - 228,654 ENGF200002 Beach Guard Admin Building 135,000 - 135,000 - - 135,000 Sub-Total 3,155,929 42,634 3,198,563 1,698,126 219,850 1,280,587 Gas Utility Services 96358 Environmental Remediation 2,134,794 - 2,134,794 1,904,220 91,463 139,111 96365 Line Relocation-Pinellas Maint 836,569 - 836,569 582,890 - 253,679 96367 Gas Meter Change Out-Pinellas 4,663,000 - 4,663,000 4,314,045 - 348,955 96374 Line Relocation-Pinellas Capital 3,333,500 - 3,333,500 3,111,316 18,020 204,164 96376 Line Relocation - Pasco Maint 361,384 - 361,384 146,186 - 215,198 96377 Pinellas New Mains / Serv Lines 45,431,671 48,604 45,480,275 37,219,038 177,042 8,084,195 7 96378 Pasco New Mains / Serv Lines 27,922,099 102,308 28,024,407 24,467,447 12,900 3,544,060 8 96379 Pasco Gas Meter Change Out 1,592,821 - 1,592,821 885,747 - 707,074 96381 Line Reloc-Pasco-Capitalized 1,847,300 - 1,847,300 1,278,075 - 569,225 96382 Gas Inventory - Work Mgmt Sys 2,492,000 - 2,492,000 856,268 - 1,635,732 96384 Gas System - Pinellas Building 28,857,855 - 28,857,855 28,069,261 47,365 741,229 96385 Gas Main Extensions 1,807,845 - 1,807,845 1,512,831 - 295,014 96386 Expanded Energy Conservation 16,128,589 - 16,128,589 12,407,657 - 3,720,931 96387 Natural Gas Vehicle 7,684,584 - 7,684,584 4,679,406 2,373,967 631,211 96389 Future IMS Software & Hardware 1,475,000 - 1,475,000 361,793 - 1,113,207 96391 Gas System Pasco Building 950,000 - 950,000 1,392 - 948,608 C2301 Pasco Gate Station 1,500,000 - 1,500,000 - - 1,500,000 M1904 Pinellas Building Equip R&R 1,000,000 - 1,000,000 - - 1,000,000 Sub-Total 150,019,009 150,913 150,169,922 121,797,572 2,720,757 25,651,593 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Solid Waste Control Services 96426 Facility R & R 3,027,608 (1,165,542) 1,862,066 1,862,066 - (0) C 9 96443 Res Container Acquisition 2,326,741 (593,659) 1,733,081 1,733,081 - (0) C 10 96444 Comm Container Acquisition 4,695,420 (342,971) 4,352,448 4,352,448 - - C 11 96445 Solar Trash & Recycling Kiosks 364,414 (125,232) 239,182 239,182 - - C 12 96448 Solid Waste CNG Station 150,000 (150,000) - - - - C 13 96449 Solid Waste Truck Wash Fac 555,500 (555,500) - - - - C 14 96804 Recycling Carts/Dumpsters 1,426,650 (500,795) 925,855 925,855 - - C 15 96805 Recycling Expan/Particip/R&R 1,341,525 (118,589) 1,222,936 1,222,936 - - C 16 C2005/L2005 Underground Refuse Program 2,195,090 - 2,195,090 1,712,374 14,503 468,213 C2302 Rebuild SW Adm Comp 8,610,526 8,610,526 8,610,526 17 L2201 SW/Recyc Add Veh & Equip 185,000 (185,000) - - - - C 18 M2301 SW Facility R&R 200,000 - 200,000 - - 200,000 SR00180003 Processing Ctr Building Replace 5,062,633 (5,058,237) 4,396 4,396 - 0 C 19 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 - 19,650,130 19,051,177 63,124 535,829 Sub-Total 41,180,710 (185,000) 40,995,710 31,103,516 77,627 9,814,567 Water-Sewer Combination Services 96212 Sanitary Sewer Upgrades/Impr 17,345,431 - 17,345,431 8,121,165 6,356,516 2,867,751 96213 Marshall Street Upgrades/Impr 20,044,299 - 20,044,299 9,942,958 5,396,064 4,705,276 96214 East Plant Upgrades/Improve 5,150,000 - 5,150,000 560,385 214,831 4,374,784 96215 N.E. Plant Upgrades/Improve 35,263,620 2,761,324 38,024,945 15,555,836 7,831,259 14,637,849 20 96216 Laboratory Upgrade/Improve 1,155,079 - 1,155,079 12,168 - 1,142,912 96217 Pump Station R&R 1,350,192 - 1,350,192 664,726 4,363 681,103 96523 Pub Utilities Adm Bldg R&R 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 1,104,306 - 1,104,306 - - 1,104,306 96630 Sanitary Sewer Extension 15,319,608 - 15,319,608 12,615,157 4,557 2,699,895 96634 Sanitary Sewer Relocation 4,392,493 8,392 4,400,885 3,356,534 126,640 917,710 21 96645 Laboratory Upgrade & R&R 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 11,779,876 - 11,779,876 10,712,615 258,998 808,263 96664 Water Pollution Control R & R 30,081,864 - 30,081,864 20,424,721 5,136,047 4,521,096 96665 Sanitary Sewer R&R 84,663,458 - 84,663,458 46,191,846 28,164,298 10,307,314 96686 Pump Station Replacement 9,413,137 462,000 9,875,137 5,827,465 122,058 3,925,614 22 96721 System R & R - Maintenance 17,015,686 - 17,015,686 4,905,703 3,186,486 8,923,496 96722 Line Relocation - Maintenance 5,425,071 181,517 5,606,588 3,630,489 66,181 1,909,918 23 96739 Reclaimed Water Dist Sys 47,616,014 - 47,616,014 45,551,956 621,172 1,442,886 96742 Line Relocation-Capitalized 5,869,275 - 5,869,275 4,255,780 - 1,613,495 96744 System Expansion 3,945,043 - 3,945,043 3,444,116 - 500,927 96764 RO Plant Exp Res #1 16,499,527 - 16,499,527 13,243,654 39 3,255,834 96767 RO Plant at Res #2 50,495,439 - 50,495,439 41,829,189 928,510 7,737,740 96773 Groundwater Replenishm Fac 7,400,118 - 7,400,118 5,912,762 7,877 1,479,479 96782 RO Plant @WTP #3 3,069,594 - 3,069,594 347,671 1,872,710 849,213 96783 Water Sys Upgrades/Improve 8,953,600 - 8,953,600 2,028,575 1,313,109 5,611,917 96784 Reclaim Water Distrib Sys R&R 4,840,936 1,142 4,842,078 1,362,709 1,952,496 1,526,873 24 96785 Feasibility Studies/Evalu - Water 3,805,000 - 3,805,000 2,371,861 117,688 1,315,451 96786 Devices/Equipments - Water 1,100,000 - 1,100,000 - - 1,100,000 G2206 Portable Generators 630,000 - 630,000 - - 630,000 L1904/L1905 /M2008 Vehicle & Equip-Sewer 1,077,913 - 1,077,913 1,000,239 - 77,674 M1905 Marshall Street Plant R&R 4,160,000 - 4,160,000 376,642 117,014 3,666,344 M1906 Northeast Plant R&R 2,279,313 - 2,279,313 431,422 7,853 1,840,038 M1907 East Plant R&R 5,165,000 - 5,165,000 318,313 3,490 4,843,197 M1908 RO Plant Exp Res #1 R&R 1,300,000 - 1,300,000 40,251 873 1,258,877 M1909 RO Plant at Res #2 R&R 1,250,000 - 1,250,000 167,232 873 1,081,895 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Water-Sewer Combination Services (continued) M1910 Water Treatment Plant #3 R&R 898,851 - 898,851 152,278 873 745,701 M2103 Utilities Bldg & Maint 1,000,000 - 1,000,000 235,716 - 764,284 Sub-Total 432,563,206 3,414,375 435,977,582 267,155,588 63,812,874 105,009,120 Flood Protection/SW Management C1908 Stormwater Vehicles & Equip 5,695,930 - 5,695,930 3,535,164 509,808 1,650,958 ENST180001 Stormwater Pipe System Improve 16,422,507 - 16,422,507 4,186,906 2,520,504 9,715,097 ENST180002 Allen's Creek 3,309,631 - 3,309,631 2,634,874 124,071 550,686 ENST180003 Stormwater System Expansion 1,339,146 - 1,339,146 - - 1,339,146 ENST180004 Stevenson Creek 3,500,286 - 3,500,286 104,217 65,406 3,330,664 ENST180005 Coastal Basin 4,494,370 - 4,494,370 2,803,794 164,739 1,525,837 ENST180006 Alligator Creek Watershed 4,661,592 - 4,661,592 503,387 132,880 4,025,325 ENST180010 Lower Spring Branch Improve 2,320,000 - 2,320,000 347,714 101,580 1,870,706 Sub-Total 41,743,463 - 41,743,463 14,116,056 3,618,987 24,008,419 Other Physical Environment 93422 Dredging of City Waterways 1,346,204 - 1,346,204 483,487 - 862,717 C2208 Coopers Point 1,400,000 - 1,400,000 - - 1,400,000 C2214 Public Works Complex 1,813,738 - 1,813,738 - - 1,813,738 ENGF180006 City-wide Docks and Seawall 2,636,739 - 2,636,739 1,794,552 - 842,188 ENGF180011 Environmental Assmt & Clean-up 1,209,664 - 1,209,664 122,801 8,008 1,078,854 ENGF180014 Seminole Boat Launch Improve 6,752,000 - 6,752,000 4,295,199 25,429 2,431,372 M2002 Environ Park Remediate & Protect 200,000 - 200,000 26,840 14,750 158,410 M2006 Right of Way Tree Mgt Prog 800,000 - 800,000 235,901 - 564,099 M2210 CW Municipal Cemetery Reno 600,000 - 600,000 - 148,785 451,215 Sub-Total 16,758,345 - 16,758,345 6,958,781 196,972 9,602,592 Road and Street Facilities C2102 Fort Harrison Reconstruction 15,249,666 - 15,249,666 643,188 2,124,490 12,481,989 C2103 Downtown Streetscaping 17,601,407 - 17,601,407 9,522,836 7,309,705 768,866 C2105 Mercado - Downtown Gateway 927,795 - 927,795 927,795 - - C ENGF200003 Memorial Causeway Bridge Lighting 200,000 - 200,000 - - 200,000 ENRD180002 Bridge Maintenance & Improve 9,896,497 - 9,896,497 2,563,584 2,351,649 4,981,264 ENRD180004 Streets and Sidewalks 25,777,514 - 25,777,514 16,484,757 540,945 8,751,812 ENRD180005 City-Wide Intersection Improve 4,522,907 - 4,522,907 1,230,865 23,066 3,268,976 ENRD180006 Traffic Signals 2,524,534 - 2,524,534 937,679 119,452 1,467,403 ENRD180007 Traffic Safety Infrastructure 1,407,155 - 1,407,155 892,972 124,793 389,389 G2213 ARPA Streets & Sidewalks 2,000,000 - 2,000,000 - - 2,000,000 Sub-Total 80,107,475 - 80,107,475 33,203,676 12,594,100 34,309,699 Airports 94817 Airpark Maintenance & Repair 364,245 - 364,245 285,843 - 78,402 G1901 Replace Hangar C 1,305,000 - 1,305,000 1,264,714 29,765 10,522 G2108 Security System Upgrade 228,000 - 228,000 121,177 - 106,823 G2306 Apron Relayment 250,000 - 250,000 - - 250,000 Sub-Total 2,147,245 - 2,147,245 1,671,733 29,765 445,747 Water Transportation System 93415 Waterway Maintenance 900,000 - 900,000 650,368 50,113 199,520 Sub-Total 900,000 - 900,000 650,368 50,113 199,520 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Parking Facilities ENPK180001 Parking Lot Resurfacing 808,476 - 808,476 61,304 - 747,172 ENPK180002 Parking Lot Improvements 2,418,802 (700,000) 1,718,802 708,020 23,042 987,740 25 ENPK180003 Parking Facilities 4,128,348 700,000 4,828,348 2,446,076 2,154,916 227,356 26 ENPK230001 Downtown Parking Garage 10,500,000 - 10,500,000 - - 10,500,000 M2102 Seminole Boat Launch Maint 375,083 153,591 528,674 28,935 14,240 485,499 27 Sub-Total 18,230,709 153,591 18,384,301 3,244,335 2,192,198 12,947,767 Other Transportation 92842 City Wayfinding Project 2,050,000 - 2,050,000 1,050,592 839,401 160,007 ENGF180002 Downtown Intermodal 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 404,146 - 404,146 254,022 15,695 134,429 ENGF180004 Survey Equipment Replacement 40,288 - 40,288 - - 40,288 ENGF180013 Imagine Clearwater 84,661,322 - 84,661,322 53,518,009 29,652,891 1,490,422 Sub-Total 88,080,513 - 88,080,513 54,822,623 30,507,987 2,749,902 Libraries 93527 Books & Other Lib Materials 7,696,601 - 7,696,601 7,682,312 127 14,162 93530 Consolidated Eastside/SPC Libr 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 - 282,560 222,233 3,597 56,730 93534 Library FF&E Repair & Replace 465,000 - 465,000 163,837 50 301,113 94861 Library Technology 1,550,000 - 1,550,000 1,320,243 - 229,757 C2211 Main Library Renovation 1,350,000 - 1,350,000 - - 1,350,000 Sub-Total 16,774,161 - 16,774,161 14,689,232 3,775 2,081,154 Parks & Recreation 93133 Park Land Acquisition 1,977,351 - 1,977,351 1,968,186 3,200 5,965 93272 Bicycle Paths-Bridges 5,620,232 - 5,620,232 4,268,116 49,694 1,302,421 93602 Sp Events Equip Rep & Rplcmnt 410,000 - 410,000 323,389 - 86,611 93618 Miscellaneous Park & Rec Contract 1,185,000 - 1,185,000 577,822 42,531 564,647 93646 Rest Rm Expan-Barefoot Bch House 520,950 - 520,950 518,374 750 1,826 93667 Del Oro Park Renovations 2,686,000 - 2,686,000 2,248,920 391,416 45,664 C1904 Ruth Eckerd Hall 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2002 Ed Wright/Norton Park Renovations 839,110 16,163 855,272 - - 855,272 28 C2202 Long Center Major Reno 7,000,000 - 7,000,000 79,392 - 6,920,608 C2209 Neighborhood Park Renovations 400,000 - 400,000 - - 400,000 G2218 ARPA State Street Park Impv 700,000 - 700,000 - - 700,000 L1901 P&R Vehicle and Equip Additions 546,210 - 546,210 520,438 - 25,772 M2206 Parks & Beautification R&R 1,925,690 79,200 2,004,890 217,561 418,486 1,368,843 29 ENGF180007 Phillip Jones Park Renovations 224,726 - 224,726 55,557 8,541 160,628 Sub-Total 32,535,269 95,363 32,630,631 17,777,756 914,618 13,938,257 Cultural Services A1901 Miscellaneous Minor Public Art 227,079 - 227,079 106,533 - 120,546 A2201 Cultural Arts Plan 85,000 - 85,000 15,085 - 69,915 Sub-Total 312,079 - 312,079 121,618 - 190,460 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Special Recreation Facilities 93410 Clwr Harbor Marina Maint R&R 447,500 - 447,500 355,618 - 91,882 93420 Fuel System R & R 272,752 - 272,752 161,999 - 110,753 93499 Pier 60/Sailing Center Maint 471,952 - 471,952 373,657 - 98,294 93642 Phillip-Jones Restroom/Concess 456,944 (7,011) 449,932 449,932 - (0) C 30 93650 Crest Lake Park Improvement 7,709,222 - 7,709,222 7,702,822 6,400 - C1905 Beach Marina Upgrade 15,992,258 - 15,992,258 513,377 1,002,321 14,476,560 C1906 Clw Harbor Marina Repl & Up 2,795,695 - 2,795,695 989,060 1,671,731 134,904 C2001 Athletic Flds & Fac Reno/Improve 8,500,000 - 8,500,000 - - 8,500,000 C2204 Soccer Reno EC Moore 100,000 - 100,000 - - 100,000 C2205 Enterprise Dog Park 260,000 (9,151) 250,849 250,849 - - C 31 C2210 Sailing Center Dock Replacement 732,852 - 732,852 373,492 354,731 4,630 C2213 Athletic Field Shade Structures 700,000 70,000 770,000 - 715,377 54,624 32 M1902 Marine Fac Maint Dock R&R 614,970 - 614,970 422,188 - 192,782 M2204 Carpenter & BayCare R&R 2,404,483 - 2,404,483 644,859 495,546 1,264,078 M2205 Recreation Center R&R 1,218,101 - 1,218,101 190,542 3,200 1,024,360 M2207 Athletic Field R&R 1,367,568 - 1,367,568 113,767 1,876 1,251,924 M2208 Beach Walk/Pier 60 Park R&R 1,498,735 - 1,498,735 169,984 1,232,722 96,029 Sub-Total 45,543,031 53,837 45,596,868 12,712,146 5,483,903 27,400,819 TOTAL ALL PROJECTS 1,131,354,643 3,674,281 1,135,028,924 660,011,951 141,964,722 333,052,252 29 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 318,800 To record a budget increase of $318,800.00 in fine revenues to bring the budget in line with actual receipts.318,800 General Government Totals:318,800 - 318,800 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 6,400 To record a budget increase of $6,400.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.6,400 Police Extra Duty 3 99215 689,616 To record a budget increase of $689,615.60 in police service revenue to bring the budget in line with actual receipts.689,616 Federal Forfeiture Treasury 4 99281 600 To record a budget increase of $600.00 in interest earnings which will bring the budget in line with actual receipts.600 Police Volunteers 5 99316 15,000 To record a transfer of $15,000.00 in fines forfeitures and penalties revenue from project 181-99330,Florida Contraband Forfeiture Fund.15,000 Police Education Fund 6 99317 10,731 To record a budget increase of $10,730.80 in police education fine revenue which will bring the budget in line with actual receipts.10,731 Investigative Costs Recovery 7 99329 49,687 To record a budget increase of $49,686.50 in fines,forfeitures and penalties revenue to bring the budget in line with actual receipts. 49,687 Florida Contraband Forfeiture Fund 8 99330 91,305 To record a budget increase of $88,935.13 in fines,forfeitures and penalties revenue,and $2,369.59 in interest earnings which will bring the budget in line with actual receipts.91,305 Vehicle Replacement Fund 9 99350 51,798 To record a budget increase representing a transfer of $51,798.00 from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs.51,798 Special Program Fund First Quarter Amendments FY 2022/23 30 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2022/23 Public Safety Programs (continued) Safe Neighborhood Program 10 99356 20,000 To record an increase of $20,000.00 transferred from 99330, Florida Contraband Forfeiture Fund to support community outreach programs.20,000 Crime Prevention Program 11 99364 4,100 To record a budget increase of $4,100.00 in donation revenues. This will bring the budget in line with actual receipts.4,100 Federal Forfeiture Sharing 12 99387 22,983 To record an increase of $17,860.78 in grant revenues from the US Department of Justice,and $5,121.88 in interest earnings which will bring the budget in line with actual receipts.22,983 Pedestrian/Bicycle Safety Grant 2023 - NEW PROGRAM 13 G2208 21,836 To establish the program and record a budget increase of $21,836.07 in grant revenues from the University of North Florida as approved by Council on September 15, 2022.21,836 School Resource Officers (SRO) 14 P1801 655,589 To record a budget increase of $49,045.79 in reimbursement revenue from the Pinellas County School Board (PCSB)for SRO extra duty;an increase of $409,507.20 in reimbursement revenue from PCSB for the annual agreement,and transfers of fine, forfeiture and penalty revenue of $97,036.00 from program 99330,Florida Contraband Forfeiture Fund and $100,000.00 from program 99387,Federal Forfeiture Sharing to fund the 2022/23 school year as approved by the Council on February 18, 2021.655,589 Public Safety Program Totals:1,639,643 - 1,639,643 Physical Environment Programs Tree Replacement Program 15 99970 30,528 To record a budget increase of $30,528.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.30,528 Physical Environment Program Totals:30,528 - 30,528 31 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2022/23 Economic Environment Programs Brownfield MAC Grant - NEW PROGRAM 16 G2207 300,000 To establish the program and record a budget increase of $300,000.00 in grant revenues awarded from the US Environmental Protection Agency (EPA).300,000 Economic Environment Program Totals:300,000 - 300,000 Human Services Programs JWB Youth Programming 17 G2107 468,897 To record a budget increase of $468,897.00 in governmental revenue from the Juvenile Welfare Board (JWB)for fiscal year 2022/23 youth programs approved by the Council on September 15, 2022.468,897 Opioid Settlement Funds - NEW PROGRAM 18 M2209 135,281 To establish the program and record a budget increase of $135,281.35 representing Clearwater's portion of opioid settlement funds received from the State of Florida.135,281 Human Services Program: Totals:604,178 - 604,178 Culture and Recreation Programs Library Special Account 19 99910 30,233 To record a budget increase of $30,233.03 in donation revenue to bring the budget in line with actual receipts.30,233 Special Events 20 PRSE190001 115,200 To record budget increase of $115,200.00 transferred from the General Fund to account for overtime costs for police officers at City sponsored events.115,200 Culture and Recreation Program Total:145,433 - 145,433 3,038,583 - 3,038,583 Total Budget Increase/(Decrease): 32 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2022/23 Intrafund/Interfund Transfers Police Extra Duty 99215 51,798 To record a transfer of $51,798.00 to 99350,Vehicle Replacement,representing revenue collected for vehicle usage on extra duty jobs. Florida Contraband Forfeiture Fund 99330 132,036 To record the following transfers of fines,forfeiture and penalty revenues between police programs:$15,000.00 to 99316,Police Volunteers,$20,000.00 to 99356,Safe Neighborhood Program; and $97,036 to P1801,School Resource Officers,to provide additional funding needed for the fiscal year 2022/23 SRO contract. Federal Forfeiture Sharing 99387 100,000 To record a transfer of $100,000 in fines,forfeiture and penalty revenues to P1801,School Resource Officers,to provide additional funding needed for the fiscal year 2022/23 SRO contract. Total Interfund Transfers:283,834 33 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2022 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 99928 Nagano Sister City Program 378,899 - 378,899 172,561 - 206,338 M1913 Lien Foreclosure Program 850,984 318,800 1,169,784 516,663 - 653,121 1 M2101 Planning Studies Fund 1,025,000 - 1,025,000 343,750 54,175 627,075 Sub-Total 2,543,883 318,800 2,862,683 1,182,901 54,175 1,625,607 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 170,800 6,400 177,200 22,163 - 155,038 2 98610 Hurricane Irma 3,918,686 - 3,918,686 2,706,118 - 1,212,567 99215 Police Extra Duty 6,161,622 689,616 6,851,237 6,614,957 2,674 233,606 3 99279 Police Recruitments 261,010 - 261,010 95,181 - 165,829 99281 Fed Forfeitures - Treasury 195,885 600 196,485 120,171 - 76,314 4 99316 Police Volunteers 168,519 15,000 183,519 147,724 - 35,794 5 99317 Police Education Fund 1,445,364 10,731 1,456,095 1,304,567 - 151,528 6 99329 Investigative Recovery Costs 2,939,457 49,687 2,989,144 2,739,570 35,800 213,774 7 99330 FL Contraband Forfeiture Fund 1,158,234 91,305 1,249,539 1,180,796 - 68,743 8 99350 Vehicle Replacement Fund 771,971 51,798 823,769 444,133 83,964 295,672 9 99356 Safe Neighborhood Program 1,441,203 20,000 1,461,203 1,392,682 - 68,521 10 99364 Crime Prevention Program 241,674 4,100 245,774 208,514 11,814 25,445 11 99387 Federal Forfeiture Sharing 2,504,602 22,983 2,527,585 2,106,139 - 421,446 12 99927 Emergency Operations 4,328,870 - 4,328,870 3,265,241 - 1,063,629 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 D2001 COVID-19 Prep & Response 1,981,240 - 1,981,240 649,074 - 1,332,166 G2110 Pedestrian/Bicycle Safety Grant 2022 46,455 - 46,455 45,609 - 846 G2208 Pedestrian/Bicycle Safety Grant 2023 - 21,836 21,836 16,323 - 5,514 13 P1801 School Resource Officers 2,266,427 655,589 2,922,016 2,351,882 - 570,135 14 P2002 Police Body Worn Camera Program 882,922 - 882,922 812,683 751 69,488 P2101 Mental Health Co-Responder Team 393,800 - 393,800 250,000 - 143,800 P2201 DEA OT Reimbursement Program 20,000 - 20,000 23,990 - (3,990) P2202 ESST OT Reimbursement Program 2,000 - 2,000 645 - 1,355 P2203 FBI OT Reimbursement Program 20,000 - 20,000 20,078 - (78) P2204 Secret Service OT Reimb Program 20,000 - 20,000 20,111 - (111) Sub-Total 31,410,441 1,639,643 33,050,084 26,579,439 135,004 6,335,642 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,996,074 30,528 2,026,602 1,034,508 - 992,094 15 Sub-Total 1,996,074 30,528 2,026,602 1,034,508 - 992,094 ECONOMIC ENVIRONMENT PROGRAMS 99802 Brownfield Revolving Loan 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 - 166,879 71,591 - 95,288 G2010 CDBG-CV Fund 1,549,338 - 1,549,338 331,726 629,072 588,540 G2011 Back to Business Grant Program 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 690,825 - 690,825 564,503 - 126,322 M2009 Afford Housing & Comm Development 290,853 - 290,853 13,962 - 276,891 M2105 ED Strategic Plan 153,896 - 153,896 - - 153,896 G2201 Public Facilities 2022 670,471 - 670,471 385,397 199,028 86,046 G2202 Economic Development 2022 110,246 - 110,246 72,603 12,445 25,199 G2203 Program Administration 2022 211,771 - 211,771 184,525 3,125 24,121 G2205 Public Services 2022 233,512 - 233,512 192,825 14,289 26,398 G2207 Brownfield MAC Grant - 300,000 300,000 10,679 25,321 264,000 16 G2209 Duke Energy ED Grant 25,000 - 25,000 2,200 20,000 2,800 34 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2022 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) G2210 ARPA North Greenwood CRA 5,000,000 - 5,000,000 - - 5,000,000 G2212 ARPA Affordable Housing 3,300,000 - 3,300,000 - - 3,300,000 G2219 ARPA Business Incubator 250,000 - 250,000 - - 250,000 G2301 Public Facilities 2023 636,582 - 636,582 - 533,107 103,475 G2302 Economic Development 2023 460,575 - 460,575 - - 460,575 G2303 Program Administration 2023 179,495 - 179,495 636 33,127 145,733 G2304 Infill Housing 2023 135,000 - 135,000 - - 135,000 G2305 Public Services 2023 134,621 - 134,621 - 134,621 - Sub-Total 18,965,797 300,000 19,265,797 3,678,525 1,604,135 13,983,137 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 9,000 - 9,000 6,671 - 2,329 98607 Senior Citizens Services - Trips 14,000 - 14,000 13,540 - 460 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 18,080 - 18,080 12,431 - 5,649 99869 Health Prevention Program 190,269 - 190,269 180,134 - 10,135 G2107 JWB Youth Programming 1,196,323 468,897 1,665,220 898,858 - 766,362 17 G2215 ARPA Pinellas Community Foundation 1,000,000 - 1,000,000 - - 1,000,000 G2216 ARPA Non-profit Grants 1,000,000 - 1,000,000 - - 1,000,000 G2217 ARPA Education Grants & Partnerships 750,000 - 750,000 - - 750,000 M2209 Opioid Settlement Funds - 135,281 135,281 - - 135,281 18 Sub-Total 4,207,672 604,178 4,811,850 1,139,233 - 3,672,617 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 - 106,077 - - 106,077 99910 Library Special Account 910,161 30,233 940,394 900,322 - 40,072 19 C2303 Library - Machan Estate - - - - - - G1907 Clearwater for Youth Grants 70,095 - 70,095 38,841 - 31,255 PRSE190001 Special Events 2,899,058 115,200 3,014,258 2,846,567 1,200 166,491 20 Sub-Total 3,985,391 145,433 4,130,824 3,785,729 1,200 343,894 TOTAL ALL PROJECTS 63,109,258 3,038,583 66,147,840 37,400,335 1,794,514 26,952,992 35 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2022/23 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 79,200 First quarter amendments reflect an allocation of $79,200.00 in recreation facility impact fees to capital project M2206,Parks &Beautification R&R,as approved by the Council on October 20, 2022. 79,200$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 79,200 First quarter amendments reflect a transfer of $79,200.00 in recreation facility impact fees to capital project M2206,Parks &Beautification R&R,as approved by the Council on October 20, 2022. 79,200$ Net Expenditure Amendments 36 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2022 - December 31, 2022 Mid-Year: October 1, 2022 - March 31, 2023 Original First Quarter Budget Amended Budget 2022/23 2022/23 Amendments Revenues: Ad Valorem Taxes 4,050,410 4,050,410 - Infrastructure Tax 16,441,000 16,441,000 - Interest Earnings 450,000 450,000 - Multi-Modal Impact Fees 140,000 140,000 - Local Option Gas Tax 1,327,150 1,327,150 - Allocation of Assigned Fund Balance 6,507,630 6,586,830 79,200 28,916,190 28,995,390 79,200 Expenditures: Transfer to Capital Improvement Fund Road Millage 4,050,410 4,050,410 - Infrastructure Tax 22,948,630 22,948,630 - Recreation Facility Impact Fees - 79,200 79,200 Multi-Modal Impact fees 140,000 140,000 - Local Option Gas Tax 1,327,150 1,327,150 - 28,466,190 28,545,390 79,200 Revenues: CDBG/Home Funds 897,475 897,475 - Interest Earnings 125,000 133,091 8,091 Intergovernmental Revenue - 1,267,147 1,267,147 Charges for Service Revenue - 696,016 696,016 Judgments, Fines and Forfeit Revenue - 498,680 498,680 Miscellaneous Revenue - 169,614 169,614 Transfers from General Fund: Sister City Program 37,380 37,380 - Planning Study Fund 275,000 275,000 - United Way Campaign Fund 1,500 1,500 - Special Events 70,000 185,200 115,200 Police Recruitments 30,000 30,000 - Police Mental Health Co-Responder Team 143,200 143,200 - Transfers from Special Programs - 283,834 283,834 1,579,555 4,618,138 3,038,583 SPECIAL DEVELOPMENT FUND SPECIAL PROGRAM FUND 37 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2022 - December 31, 2022 Mid-Year: October 1, 2022 - March 31, 2023 Original First Quarter Budget Amended Budget 2022/23 2022/23 Amendments Expenditures: General Government 312,380 631,180 318,800 Public Safety 173,200 1,812,843 1,639,643 Physical Environment - 30,528 30,528 Economic Environment 498,117 798,117 300,000 Human Services 1,500 605,678 604,178 Culture and Recreation 70,000 215,433 145,433 Interfund Transfers 399,358 399,358 - Transfer to Capital Fund 50,000 50,000 - 1,504,555 4,543,138 3,038,583 Revenues: HOME Investment Partnerships 509,528 509,528 - State Housing Initiatives Partnerships 781,532 781,532 - Total - HOME/SHIP Funds 1,291,060 1,291,060 - Expenditures: Economic Environment 988,161 988,161 - Interfund Transfers 302,899 302,899 - Total - HOME/SHIP Programs 1,291,060 1,291,060 - OTHER HOUSING ASSISTANCE FUNDS 38 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2022/23 39 In accordance with City of Clearwater Code Section 2.554(6), 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. The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). 2. The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. 3. No contract price increase shall be approved unless sufficient funds are available for such purpose. 4. Contract price decreases may be approved without limitation. 5. The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. ***** 09/21/22 Administrative Change Order #1 – Imagine Clearwater Sitework GMP 2 (17-0031-EN2). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Skanska USA Building, Inc. 500,000.00 09/21/22 Administrative Change Order #1 – Imagine Clearwater Flatwork & Vertical Construction GMP 3 (17-0031-EN3). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Skanska USA Building, Inc. 1,900,000.00 10/12/22 Administrative Change Order #1 – Marshall Street Sand Filter Rehab (20- 0011-UT). This change order increases, decreases, and adds items in accordance with field conditions resulting in a net decrease to the contract. Walbridge Aldinger, LLC (105,537.16) 1/6/23 Administrative Change Order #1 – MS WRF Blend Tank Mixer (18-0057- UT). This change order increases and decreases items in accordance with field conditions resulting in a net decrease to the contract. TLC Diversified, Inc. (207,657.38) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0387 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9672-23 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2023 to reflect an increase of $3,674,281. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 43 Ordinance #9672-23 ORDINANCE NO. 9672-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023, TO REFLECT AN INCREASE OF $3,674,281 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2023 was adopted by Ordinance No. 9616-22; 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. 9616-22 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and estimated budget for the fiscal year beginning October 1, 2022 and ending September 30, 2023, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ David Margolis, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2022/23 First Qtr. Original Amended Budget Budget 2022/23 2022/23 Amendments Other General Government 22,981,700 22,972,902 (8,798) Police Protection 305,000 305,000 - Fire Protection 1,044,250 1,001,616 (42,634) Fire Rescue Services 538,000 580,634 42,634 Gas Utility Services 13,625,000 13,775,913 150,913 Solid Waste Services 450,000 265,000 (185,000) Water-Sewer Services 30,500,040 33,914,415 3,414,375 Flood Protection/Stormwater Mgmt 6,958,010 6,958,010 - Other Physical Environment 570,000 570,000 - Road and Street Facilities 10,451,650 10,451,650 - Airports 275,000 275,000 - Water Transportation Systems 150,000 150,000 - Parking Facilities 11,179,000 11,332,591 153,591 Other Transportation 56,500 56,500 - Libraries 735,000 735,000 - Parks & Recreation 4,065,000 4,160,363 95,363 Cultural Services 40,000 40,000 - Special Recreation Facilities 21,338,030 21,391,867 53,837 TOTAL PROJECT EXPENDITURES 125,262,180 128,936,461 3,674,281 GENERAL SOURCES: General Operating Revenue 14,819,980 14,819,980 Penny for Pinellas 22,948,630 22,948,630 - Road Millage 4,050,410 4,050,410 - Local Option Gas Tax 1,327,150 1,327,150 - Grants 200,000 662,000 462,000 County Fire Reimbursements 340,170 340,170 - Other Governmental - 2,952,375 2,952,375 Special Program Fund 50,000 50,000 - Multi-Modal Impact Fee 140,000 140,000 - Recreation Facility Impact Fee - 79,200 79,200 Donations - 70,000 70,000 Other - 21,156 21,156 44 Ordinance # 9672-23 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2022/23 First Qtr. Original Amended Budget Budget 2022/23 2022/23 Amendments SELF SUPPORTING FUNDS: Parking Revenue 11,295,000 11,448,591 153,591 Marine Revenue 1,400,000 1,400,000 - Clearwater Harbor Marina Revenue 175,000 175,000 - Airpark Revenue 75,000 75,000 - Water Revenue 10,606,750 10,606,750 - Sewer Revenue 11,691,790 11,691,790 - Utility R&R 12,225,590 12,225,590 - Water Impact Fees 160,000 160,000 - Sewer Impact Fees 50,000 50,000 Stormwater Utility Revenue 6,958,010 6,958,010 - Gas Revenue 13,625,000 13,775,913 150,913 Solid Waste Revenue 450,000 450,000 INTERNAL SERVICE FUNDS: Garage Revenue 260,000 260,000 - Administrative Services Revenue 1,900,000 1,900,000 General Services Revenue 100,000 121,156 Central Insurance Revenue 172,000 172,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund - - - BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Solid Waste/Recycling - (185,000) (185,000) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 9,791,700 9,761,746 (29,955) Lease Purchase - Administrative Services 450,000 450,000 - TOTAL ALL FUNDING SOURCES:125,262,180 128,957,617 3,674,281 45 Ordinance # 9672-23 First Quarter Budget Review Fiscal Year 2022-23 Memorandum TO: Mayor and City Council FROM: Jennifer Poirrier, Interim City Manager COPIES: Michael Delk, Assistant City Manager SUBJECT: First quarter budget review - amended City Manager's annual budget report DATE: February 23, 2023 Attached is the first quarter budget review in accordance with the City Code of Ordinances. This report is based on the first three months of activity in the current fiscal year (October 2022 through December 2022). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $10,870. The General Fund increase of $10,870 at first quarter represents the Council approved appropriation of General Fund reserves to fund the annual wage increase for the City Attorney. Other amendments, which net to zero, reflect transfers between departments to reallocate funding. This includes the transfer of nine FTE’s and the associated expenditure budget to move the operations of median and right-of-way beautification from Public Works back to Parks and Recreation. 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. Estimated General Fund reserves at first quarter are approximately $57.9 million, or 31.6% of the current year’s General Fund expenditure budget, exceeding our minimum reserve requirement by $42.3 million. Significant amendments to other city operating funds are noted as follows: Solid Waste and Recycling Fund Amendments to Solid Waste and Recycling Fund expenditures reflect the council approved increase of $300,000 to provide for increased single stream recycling costs. Budgeted revenues are sufficient to cover this increase. First Quarter Budget Review Fiscal Year 2022-23 Capital Improvement Program First quarter amendments to the capital improvement program reflect a net increase of $3,674,281. Amendments previously approved by Council include an increase of $462,000 in grant revenues from FEMA in the Pump Station Replacement project; an increase of $70,000 in donation revenue in the Athletic Field Shade Structures project; and $79,200 in recreation facility impact fees in the Parks & Beautification R&R project. Project activity not previously approved by the Council is summarized on page 19. Significant amendments include decreases in lease purchase revenue of $29,955 in the B&M Vehicle & Equipment project and $185,000 in the Solid Waste/Recycling Vehicle & Equipment project; increases in property owner share revenues of $48,604 in the Pinellas New Mains/Service Lines and $102,308 in the Pasco New Mains/Service Lines projects; and increase of $2,761,324 of revenues from Safety Harbor for their share of the N.E. Plant Upgrades/Improvements project; increases for reimbursements from Pinellas County of $8,392 in the Sanitary Sewer Relocation project and $181,517 in the Line Relocation-Maintenance project; and an increase of $153,591 in Parking Fund revenues in the Seminole Boat Launch Maintenance project. Special Program Fund The Special Program Fund reflects a net budget increase of $3,038,583 at first quarter. Significant amendments include an increase of $300,000 in grant revenues from the Environmental Protection Agency (EPA) for the Brownfield MAC Grant; $39,697 in public safety grant revenues for Federal Forfeiture Sharing and Pedestrian/Bicycle Safety; $458,553 from the Pinellas County School Board for school resource officer’s 2022/23 contract and extra duty reimbursement; transfers of General Fund revenues from the Police Department of $115,200 for officers overtime at special; $689,616 in contractual service revenue for police extra duty; $468,897 for from the Juvenile Welfare Board for 2022/23 summer and after school programs; $34,333 in donation revenues to support Police and Library programs; $6,400 in foreclosure registry fees collected; $498,680 in fines and court proceeds for public safety programs, lien foreclosure, and the tree replacement program; $135,281 in Opioid Settlement Funds collected; $8,091 in interest earnings from the prior year; and $283,834 transferred between existing police programs. CITY OF CLEARWATER CITY OF CLEARWATER FIRST QUARTER SUMMARY MID-YEAR SUMMARY 2022/23 2022/23 FY 22/23 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 183,629,760 90,254,454 93,375,306 49%10,870 183,640,630 Expenditures 183,629,760 56,408,505 127,221,255 31%10,870 183,640,630 Utility Funds: Water & Sewer Fund Revenues 106,880,100 26,495,429 80,384,671 25%- 106,880,100 Expenditures 100,828,010 53,227,542 47,600,469 53%- 100,828,010 Stormwater Fund Revenues 17,714,840 4,599,075 13,115,765 26%- 17,714,840 Expenditures 16,791,710 9,802,674 6,989,036 58%- 16,791,710 Gas Fund Revenues 59,832,340 12,939,739 46,892,602 22%- 59,832,340 Expenditures 59,832,340 21,175,400 38,656,940 35%- 59,832,340 Solid Waste and Recycling Fund Revenues 30,381,600 8,283,395 22,098,205 27%- 30,381,600 Expenditures 28,437,980 6,679,167 21,758,813 23%300,000 28,737,980 Enterprise Funds: Marine Fund Revenues 7,038,640 1,602,523 5,436,117 23%- 7,038,640 Expenditures 7,038,640 2,554,002 4,484,638 36%- 7,038,640 Airpark Fund Revenues 406,990 94,134 312,857 23%- 406,990 Expenditures 406,990 141,799 265,191 35%- 406,990 Clearwater Harbor Marina Fund Revenues 1,003,610 261,113 742,497 26%- 1,003,610 Expenditures 1,003,610 355,323 648,287 35%- 1,003,610 Parking Fund Revenues 18,867,130 2,420,511 16,446,619 13%- 18,867,130 Expenditures 18,867,130 12,870,657 5,996,473 68%- 18,867,130 Internal Service Funds: General Services Fund Revenues 6,498,650 1,676,153 4,822,497 26%- 6,498,650 Expenditures 6,462,980 1,278,978 5,184,002 20%- 6,462,980 Administrative Services Revenues 16,150,270 3,913,424 12,236,846 24%- 16,150,270 Expenditures 16,069,230 4,802,784 11,266,446 30%- 16,069,230 Garage Fund Revenues 19,533,130 4,932,545 14,600,585 25%- 19,533,130 Expenditures 19,470,400 3,450,949 16,019,451 18%- 19,470,400 Central Insurance Fund Revenues 35,753,700 8,807,174 26,946,526 25%- 35,753,700 Expenditures 35,752,330 8,497,577 27,254,753 24%- 35,752,330 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2022-23 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................... 15 Capital Improvement Program Budget ........................................................................................ 19 Special Program Fund Budget ....................................................................................................... 30 Special Development Fund ........................................................................................................... 36 Administrative Change Orders ...................................................................................................... 39 Ordinances ..................................................................................................................................... 40 The amended 2022/23 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents three months, October 1, 2022 through December 31, 2022. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2022. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on October 6, 2022. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on this quarter’s review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2022/23 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 Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2022, which includes project 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 based on this quarter’s review. Revised Budget - Adding the Budget and Amendment columns. 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 first quarter,approximately 87%of property tax revenue has been received.As projected,most property tax payments are made within the first six months of the fiscal year. No amendment is proposed at this time. - At first quarter,approximately 42%of budgeted local option,fuel and other taxes revenues have been collected. As projected,most business tax receipts are received within the first three months of the fiscal year.No amendment is proposed at this time. 10,870 1)An appropriation of $10,870.00 from fund reserves to provide funding for the City Attorney's annual pay increase,as approved by the Council on December 1, 2022. 10,870 10,870 Local Option, Fuel & Other Taxes Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus City of Clearwater General Fund Revenues First Quarter Amendments FY 2022/23 Ad Valorem Taxes 3 Increase/ (Decrease)Description 66,350 First quarter amendments to City Council reflect an increase of $66,350.00 to city sponsorships transferring funding from Non-Departmental to provide for city approved sponsorships,as approved by the Council on November 3, 2022. 10,870 At first quarter,City Attorney expenditures reflect an increase of $10,870.00 to salaries and wages for the City Attorney's annual pay increase,as approved by the Council on December 1, 2022. (65,000) At first quarter,Economic Development and Housing expenditures reflect a decrease of $65,000.00 to contractual services transferring expenditures to Parks &Recreation for payments in support of the Clearwater Beach Visitor Information Center. 1,175,475 At first quarter,Parks and Recreation expenditures reflect 40%of total budget resulting from transfers to the capital fund occurring in the first period of the year. First quarter amendments to Parks &Recreation reflect a net increase of $1,175,475.00.Amendments include:1)an increase of $65,000.00 to contractual services transferring expenditures from Economic Development and Housing for payments in support of the Clearwater Beach Visitor Information Center;and 2)an increase of $1,110,475.00 transferring all expenditures and FTEs associated with the beautification of city medians and rights-of-way from Public Works. - First quarter amendments to Police Department reflect a net zero transfer of $115,200.00 of overtime salaries &wages to special program PRSE190001,Special Events to fund overtime expenses for various approved co-sponsored events, as approved by the Council on August 4, 2022.Police Parks & Recreation City of Clearwater General Fund Expenditures First Quarter Amendments FY 2022/23 Economic Development and Housing City Council City Attorney's Office 4 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2022/23 (1,110,475) First quarter amendments to Public Works expenditures reflect a decrease of $1,110,475.00 transferring all expenditures and FTEs associated with the beautification of city medians and rights-of-way to Parks & Recreation. (66,350) At first quarter,Non-Departmental expenditures reflect 67% of total budget resulting from transfers occurring in the first period of the year. A first quarter amendment to Non-Departmental reflects a decrease of $66,350.00 to professional services transferring to City Council to provide funding for city approved sponsorships,as approved by the Council on November 3, 2022. 10,870 Public Works Net General Fund Expenditure Non-Departmental 5 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 80,964,710 70,216,917 10,747,793 87%- 80,964,710 Utility Taxes 17,890,000 3,178,312 14,711,688 18%- 17,890,000 Local Option, Fuel and Other Taxes 6,430,000 2,695,868 3,734,132 42%- 6,430,000 Franchise Fees 11,000,000 1,739,446 9,260,554 16%- 11,000,000 Other Permits & Fees 3,908,500 876,625 3,031,875 22%- 3,908,500 Intergovernmental 28,768,720 4,102,006 24,666,714 14%- 28,768,720 Charges for Services 17,218,270 3,822,336 13,395,934 22%- 17,218,270 Judgments, Fines and Forfeitures 1,439,000 266,574 1,172,426 19%- 1,439,000 Miscellaneous Revenues 3,512,758 1,028,368 2,484,390 29%- 3,512,758 Transfers In 12,497,802 2,328,002 10,169,800 19%- 12,497,802 Total Revenues 183,629,760 90,254,454 93,375,306 49%- 183,629,760 Transfer (to) from Surplus - - - ~10,870 10,870 Adjusted Revenues 183,629,760 90,254,454 93,375,306 49%10,870 183,640,630 General Fund Expenditures City Council 459,136 166,160 292,976 36%66,350 525,486 City Manager's Office 1,032,745 283,619 749,126 27%- 1,032,745 City Attorney's Office 2,549,409 497,385 2,052,024 20%10,870 2,560,279 City Audit 372,930 61,899 311,031 17%- 372,930 City Clerk 1,274,878 261,523 1,013,355 21%- 1,274,878 CRA Administration 691,422 141,463 549,960 20%- 691,422 Economic Development and Housing 2,019,501 497,733 1,521,768 25%(65,000) 1,954,501 Finance 2,938,832 635,919 2,302,913 22%- 2,938,832 Fire 33,798,143 8,496,939 25,301,204 25%- 33,798,143 Human Resources 2,233,506 379,974 1,853,532 17%- 2,233,506 Library 9,445,675 2,796,223 6,649,452 30%- 9,445,675 Non-Departmental 11,763,576 7,927,577 3,835,999 67%(66,350) 11,697,226 Office of Innovation 899,534 173,280 726,254 19%- 899,534 Parks & Recreation 38,162,462 15,093,926 23,068,536 40%1,175,475 39,337,937 Planning & Development 7,605,355 1,777,588 5,827,767 23%- 7,605,355 Police 53,505,918 13,988,042 39,517,876 26%- 53,505,918 Public Communications 1,573,275 319,604 1,253,671 20%- 1,573,275 Public Utilities 412,520 101,999 310,521 25%- 412,520 Public Works 12,890,943 2,807,653 10,083,290 22%(1,110,475) 11,780,468 Total Expenditures 183,629,760 56,408,505 127,221,255 31%10,870 183,640,630 For the Three Month Period of October 1, 2022 - December 31, 2022 GENERAL FUND FIRST QUARTER REVIEW 6 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 103,669,490 25,638,216 78,031,274 25%- 103,669,490 Judgments, Fines and Forfeits 271,000 60,763 210,237 22%- 271,000 Miscellaneous 2,939,610 796,450 2,143,160 27%- 2,939,610 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 106,880,100 26,495,429 80,384,671 25%- 106,880,100 Water & Sewer Expenditures: Public Utilities Administration 3,137,339 578,047 2,559,292 18%- 3,137,339 Wastewater Collection 13,624,801 9,415,559 4,209,242 69%- 13,624,801 Public Utilities Maintenance 8,225,723 3,402,233 4,823,490 41%- 8,225,723 WPC / Plant Operations 26,602,163 14,298,108 12,304,055 54%- 26,602,163 WPC / Laboratory Operations 611,067 116,232 494,835 19%- 611,067 WPC / Industrial Pretreatment 999,062 223,479 775,583 22%- 999,062 Water Distribution 19,485,328 11,017,045 8,468,283 57%- 19,485,328 Water Supply 23,124,370 11,605,124 11,519,246 50%- 23,124,370 Reclaimed Water 5,018,157 2,571,715 2,446,442 51%- 5,018,157 Total Expenditures 100,828,010 53,227,542 47,600,469 53%- 100,828,010 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $6,052,090 for fiscal year 2022/23. No amendments are proposed to Water and Sewer Fund revenues at first quarter. No amendments are proposed to Water and Sewer Fund expenditures at first quarter.Expenditures reflect 53%of total budget due to transfers to the capital fund which happen in the first period of the year. 7 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,340,280 4,419,675 12,920,605 25%- 17,340,280 Judgments, Fines and Forfeits 73,000 9,927 63,073 14%- 73,000 Miscellaneous 301,560 169,473 132,087 56%- 301,560 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 17,714,840 4,599,075 13,115,765 26%- 17,714,840 Stormwater Expenditures: Stormwater Management 10,773,256 8,568,094 2,205,162 80%- 10,773,256 Stormwater Maintenance 6,018,454 1,234,580 4,783,874 21%- 6,018,454 Total Expenditures 16,791,710 9,802,674 6,989,036 58%- 16,791,710 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At first quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $923,130 for fiscal year 2022/23. No amendments are proposed to Stormwater Fund revenues at first quarter. No amendments are proposed to Stormwater Fund expenditures at first quarter.Expenditures reflect 58%of total budget due to transfers to the capital fund and payment of bonded debt which happen in the first period of the year. 8 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 55,595,170 12,803,428 42,791,743 23%- 55,595,170 Judgments, Fines and Forfeits 100,000 18,859 81,141 19%- 100,000 Miscellaneous 321,370 117,452 203,918 37%- 321,370 Transfers In - - - ~- - Fund Equity 3,815,800 - 3,815,800 0%- 3,815,800 Total Revenues 59,832,340 12,939,739 46,892,602 22%- 59,832,340 Gas Expenditures: Administration & Supply 29,734,623 4,607,983 25,126,640 15%- 29,734,623 Pinellas Gas Operations 14,305,023 7,808,113 6,496,910 55%- 14,305,023 Pasco Gas Operations 6,677,081 2,488,788 4,188,293 37%- 6,677,081 Marketing & Sales 9,115,613 6,270,517 2,845,096 69%- 9,115,613 Total Expenditures 59,832,340 21,175,400 38,656,940 35%- 59,832,340 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Gas Fund revenues at first quarter. No amendments are proposed to Gas Fund expenditures at first quarter.Expenditures reflect 35%of total budget due to transfers to the capital fund which happen in the first period of the year. 9 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 230 770 23%- 1,000 Charges for Service 26,874,695 7,260,790 19,613,905 27%- 26,874,695 Judgments, Fines and Forfeits 95,000 15,616 79,384 16%- 95,000 Miscellaneous 625,000 271,705 353,295 43%- 625,000 Transfers In - - - ~- - Solid Waste Revenues 27,595,695 7,548,340 20,047,355 27%- 27,595,695 Recycling Revenues: Other Permits and Fees 350 - 350 0%- 350 Intergovernmental - - - ~- - Charges for Service 2,557,274 693,159 1,864,115 27%- 2,557,274 Judgments, Fines and Forfeits 8,000 1,442 6,558 18%- 8,000 Miscellaneous 220,281 40,454 179,827 18%- 220,281 Transfers In - - - ~- - Recycling Revenues 2,785,905 735,055 2,050,850 26%- 2,785,905 Fund Equity - - - ~- - Total Revenues 30,381,600 8,283,395 22,098,205 27%- 30,381,600 Solid Waste Expenditures: Collection 20,030,254 4,791,381 15,238,873 24%- 20,030,254 Transfer 2,467,042 437,968 2,029,074 18%- 2,467,042 Container Maintenance 958,445 209,825 748,620 22%- 958,445 Administration 1,362,394 463,763 898,631 34%- 1,362,394 Solid Waste Expenditures 24,818,135 5,902,937 18,915,198 24%- 24,818,135 Recycling Expenditures: Residential 1,670,431 323,436 1,346,995 19%- 1,670,431 Multi-Family 430,139 119,359 310,780 28%- 430,139 Commercial 1,519,275 333,434 1,185,841 22%300,000 1,819,275 Recycling Expenditures 3,619,845 776,230 2,843,615 21%300,000 3,919,845 Total Expenditures 28,437,980 6,679,167 21,758,813 23%300,000 28,737,980 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:300,000 At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,643,620 for fiscal year 2022/23. No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. At first quarter,amendments to Solid Waste and Recycling Fund expenditures reflect an increase of $300,000.00 to contractual services to provide additional funding for recycling of single stream materials,as approved by Council on February 16,2023.Sufficient revenues are budgeted to offset this increase in expenditures. 10 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 6,399,710 1,507,883 4,891,827 24%- 6,399,710 Judgments, Fines and Forfeits 3,200 200 3,000 6%- 3,200 Miscellaneous Revenue 149,000 94,440 54,560 63%- 149,000 Transfers In - - - ~- - Fund Equity 486,730 - 486,730 0%- 486,730 Total Revenues 7,038,640 1,602,523 5,436,117 23%- 7,038,640 Marine Expenditures: Marina Operations 7,038,640 2,554,002 4,484,638 36%- 7,038,640 Total Expenditures 7,038,640 2,554,002 4,484,638 36%- 7,038,640 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Marine Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Marine Fund revenues at first quarter. No amendments are proposed to Marine Fund expenditures at first quarter.Expenditures reflect 36%of total budget due to transfers to the capital fund which happen in the first period of the year. 11 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 913,500 241,607 671,893 26%- 913,500 Judgments, Fines and Forfeits 1,000 150 850 15%- 1,000 Miscellaneous Revenue 31,500 19,357 12,143 61%- 31,500 Transfers In - - - ~- - Fund Equity 57,610 - 57,610 0%- 57,610 Total Revenues 1,003,610 261,113 742,497 26%- 1,003,610 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 1,003,610 355,323 648,287 35%- 1,003,610 Total Expenditures 1,003,610 355,323 648,287 35%- 1,003,610 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Clearwater Harbor Marina Fund revenues at first quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at first quarter.Expenditures reflect 35%of total budget due to transfers to the capital fund which happen in the first period of the year. 12 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,000 5,387 12,613 30%- 18,000 Miscellaneous Revenue 364,000 88,747 275,254 24%- 364,000 Transfers In - - - ~- - Fund Equity 24,990 - 24,990 0%- 24,990 Total Revenues 406,990 94,134 312,857 23%- 406,990 Airpark Expenditures: Airpark Operations 406,990 141,799 265,191 35%- 406,990 Total Expenditures 406,990 141,799 265,191 35%- 406,990 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Airpark Fund revenues at first quarter. No amendments are proposed to Airpark Fund expenditures at first quarter.Expenditures reflect 35%of total budget due to transfers to the capital fund which happen in the first period of the year. 13 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2022 - December 31, 2022 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 9,561,080 1,888,845 7,672,235 20%- 9,561,080 Judgments, Fines and Forfeits 990,000 370,362 619,638 37%- 990,000 Miscellaneous Revenue 200,000 158,743 41,257 79%- 200,000 Transfers In - 2,560 (2,560) ~- - Fund Equity 8,116,050 - 8,116,050 0%- 8,116,050 Total Revenues 18,867,130 2,420,511 16,446,619 13%- 18,867,130 Parking Expenditures Public Works/Parking System 16,472,238 12,277,828 4,194,410 75%47,285 16,519,523 Public Works/Parking Enforcement 1,046,022 194,044 851,978 19%(47,285) 998,737 Fire Dept/Beach Guards 1,194,937 354,053 840,884 30%- 1,194,937 M&A/Seminole Street Boat Ramp 153,933 44,731 109,202 29%- 153,933 Total Expenditures 18,867,130 12,870,657 5,996,473 68%- 18,867,130 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- At first quarter, anticipated revenues of the Parking Fund equal anticipated expenditures for fiscal year 2022/23. No amendments are proposed to Parking Fund revenues at first quarter. At first quarter,Parking Fund expenditures reflect 68%of total budget due to transfers to the capital fund which happen in the first period of the year.Amendments reflect a transfer of budget between cost centers. 14 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,368,650 1,605,208 4,763,442 25%- 6,368,650 Miscellaneous Revenues 130,000 70,946 59,055 55%- 130,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,498,650 1,676,153 4,822,497 26%- 6,498,650 General Services Expenditures: Administration 512,198 95,091 417,107 19%- 512,198 Building & Maintenance 5,950,782 1,183,887 4,766,895 20%- 5,950,782 Total Expenditures 6,462,980 1,278,978 5,184,002 20%- 6,462,980 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At first quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $35,670 for fiscal year 2022/23. No amendments are proposed to General Services Fund revenues at first quarter. No amendments are proposed to General Services Fund expenditures at first quarter. INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 15 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 16,050,270 3,834,568 12,215,702 24%- 16,050,270 Miscellaneous Revenues 100,000 78,855 21,145 79%- 100,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 16,150,270 3,913,424 12,236,846 24%- 16,150,270 Administrative Services Expenditures: Info Tech / Admin 515,877 83,949 431,928 16%- 515,877 Info Tech / Network Ops & User Suport 4,854,345 1,792,453 3,061,892 37%- 4,854,345 Info Tech / Network Security & Architecture 2,646,074 786,161 1,859,913 30%- 2,646,074 Info Tech / Solutions & Programming 2,761,577 898,548 1,863,029 33%- 2,761,577 Info Tech / Telecommunications - 147,438 (147,438) ~- - Info Tech / Enterprise Systems & Training 1,091,360 95,239 996,121 9%- 1,091,360 Public Comm / Courier 198,577 23,301 175,276 12%- 198,577 Clearwater Customer Service 4,001,420 975,695 3,025,725 24%- 4,001,420 Total Expenditures 16,069,230 4,802,784 11,266,446 30%- 16,069,230 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at first quarter. No amendments are proposed to Administrative Services Fund expenditures at first quarter. At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $81,040 for fiscal year 2022/23. 16 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 GARAGE FUND Garage Fund Revenues Charges for Service 18,908,130 4,730,102 14,178,028 25%- 18,908,130 Miscellaneous Revenues 625,000 202,442 422,558 32%- 625,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 19,533,130 4,932,545 14,600,585 25%- 19,533,130 Garage Fund Expenditures: Fleet Maintenance 17,789,189 3,343,991 14,445,198 19%- 17,789,189 Radio Communications 1,681,211 106,958 1,574,253 6%- 1,681,211 Total Expenditures 19,470,400 3,450,949 16,019,451 18%- 19,470,400 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At first quarter, anticipated revenues of the Garage Fund exceed anticipated expenditures by $62,730 for fiscal year 2022/23. No amendments are proposed to Garage Fund revenues at first quarter. No amendments are proposed to Garage Fund expenditures at first quarter. 17 2022/23 Variance %2022/23 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2022 - December 31, 2022 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 35,413,700 8,585,622 26,828,078 24%- 35,413,700 Miscellaneous Revenues 340,000 221,552 118,448 65%- 340,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 35,753,700 8,807,174 26,946,526 25%- 35,753,700 Central Insurance Expenditures: Finance / Risk Management 438,663 77,207 361,456 18%- 438,663 HR / Employee Benefits 414,160 56,127 358,033 14%- 414,160 HR / Employee Health Clinic 1,731,900 243,606 1,488,294 14%- 1,731,900 Non-Departmental 33,167,607 8,120,636 25,046,971 24%- 33,167,607 Total Expenditures 35,752,330 8,497,577 27,254,753 24%- 35,752,330 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $1,370 for fiscal year 2022/23. No amendments are proposed to Central Insurance Fund revenues at first quarter. No amendments are proposed to Central Insurance Fund expenditures at first quarter. 18 CAPITAL IMPROVEMENT PROGRAM First Quarter Summary FY 2022/23 19 The amended 2022/23 Capital Improvement Program budget report is submitted for the City Council's first quarter review. The proposed amendment is a net budget increase in the amount of $3,674,281. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  B&M Vehicle & Equipment – a budget decrease of $29,955 in lease purchase revenue.  Pinellas New Mains/Service Lines – a budget increase of $48,604 in property owners share revenue.  Pasco New Mains / Service Lines – a budget increase of $102,308 in property owners share revenues.  Solid Waste/Recycle Vehicle & Equipment – a budget decrease of $185,000 in lease purchase revenue.  N.E. Plant Upgrades/Improvements – a budget increase of $2,761,324 in governmental revenue from Safety Harbor.  Sanitary Sewer Relocation - a budget increase of $8,392 reimbursed from Pinellas County.  Line Relocation - Maintenance – a budget increase of $181,517 reimbursed from Pinellas County.  Seminole Boat Launch Maintenance – a budget increase of $153,591 in Parking Fund revenue. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Pump Station Replacement $462,000 12/15/22  Athletic Field Shade Structures $ 70,000 10/20/22  Parks & Beautification R&R $79,200 10/20/22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Motorized Equipment - Cash 1 94233 21,156 To record a budget increase of $21,156.02 in insurance claims vehicle revenue to bring the budget in line with revenues received.21,156 B&M Vehicle & Equipment - CLOSE PROJECT 2 L1902 (29,955) To record budget decrease of $29,954.50 in lease purchase revenue.This will bring the budget in line with actual expenditures to close the project.(29,955) Police Equipment Replacement 3 P1802 45,861 To record a budget transfer of $45,860.72 in general fund revenue from project P1803,Command Bus Refurbishment.45,861 Command Bus Refurbishment - CLOSE PROJECT 4 P1803 (45,861) To record a budget transfer of $45,860.72 in general fund revenue to project P1802,Police Equipment Replacement. This project will be closed.(45,861) SCBA Upgrade - Fill Station - CLOSE PROJECT 5 91262 (42,634) To record a budget transfer of $42,634.00 in general fund revenue to project 91229,Replace &Upgrade Airpacks. This project will be closed.(42,634) Replace & Upgrade Airpacks 6 91229 42,634 To record a budget transfer of $42,634.00 in general fund revenue from project 91262, SCBA Upgrade - Fill Station.42,634 Pinellas New Mains / Service Lines 7 96377 48,604 To record a budget increase of $48,604.48 in property owners share revenue to bring the budget in line with revenues received.48,604 Pasco New Mains / Service Lines 8 96378 102,308 To record a budget increase of $102,308.45 in property owners share revenue to bring the budget in line with revenues received.102,308 Facility R & R - CLOSE 9 96426 (1,165,542) To record a budget transfer of $1,165,542.32 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(1,165,542) Residential Container Acquisition - CLOSE PROJECT 10 96443 (593,659) To record a budget transfer of $593,659.28 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(593,659) CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 Commercial Container Acquisition - CLOSE PROJECT 11 96444 (342,971) To record a budget transfer of $342,971.47 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(342,971) Solar Trash & Recycling Kiosks - CLOSE PROJECT 12 96445 (125,232) To record a budget transfer of $125,231.60 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(125,232) Solid Waste CNG Station - CLOSE PROJECT 13 96448 (150,000) To record a budget transfer of $150,000.00 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(150,000) Solid Waste Truck Wash Facility - CLOSE PROJECT 14 96449 (555,500) To record a budget transfer of $555,500.00 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(555,500) Recycling Carts/Dumpsters - CLOSE PROJECT 15 96804 (500,795) To record a budget transfer of $500,795.15 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(500,795) Recycling Expansion/Participation R&R - CLOSE PROJECT 16 96805 (118,589) To record a budget transfer of $118,588.82 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(118,589) Rebuild Solid Waste Administration Complex - NEW PROJECT 17 C2302 8,610,526 To record a budget increase of $8,610,525.63 in solid waste fund revenues from the following projects: 1)$1,165,542.32 from project 96426,Facility R&R;2) $593,659.28 from project 96443,Residential Container Acquisition;3)$342,971.47 from project 96444, Commercial Container Acquisition;4)$125,231.60 from project 96445,Solar Trash &Recycling Kiosks;5) $150,000.00 from project 96448,Solid Waste CNG Station; 5)$555,500.00 from project 96449,Solid Waste Truck Wash Facility;6)$500,795.15 from project 96804,Recycling Carts/Dumpsters;7)$118,588.82 from project 96805, Recycling Expansion/Participation R&R;and 8) $5,058,236.99 from project SR00180003,Processing Center Building Replacement.8,610,526 21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 Solid Waste/Recycling Additional Vehicle & Equipment - CLOSE PROJECT 18 L2201 (185,000) To record budget decrease of $185,000.00 in lease purchase revenue. This will close the project.(185,000) Processing Center Building Replacement - CLOSE PROJECT 19 SR00180003 (5,058,237) To record a budget transfer of $5,058,236.99 in solid waste fund revenue to project C2302,Rebuild Solid Waste Administration Complex. This project will be closed.(5,058,237) N.E. Plant Upgrades/Improvements 20 96215 2,761,324 To record a budget increase of $2,761,324.29 in governmental revenue from Safety Harbor which represents their portion of project expenditures.2,761,324 Sanitary Sewer Relocation 21 96634 8,392 To record a budget increase of $8,392.07 in reimbursement revenue from Pinellas County to bring the budget in line with revenues received.8,392 Pump Station Replacement 22 96686 462,000 To record a budget increase of $462,000 in grant revenue from the Federal Emergency Management Agency (FEMA) as approved by Council on December 15,2022.462,000 Line Relocation - Maintenance 23 96722 181,517 To record a budget increase of $181,516.72 in reimbursement revenue from Pinellas County to bring the budget in line with revenues received.181,517 Reclaim Water Distribution System R&R 24 96784 1,142 To record a budget increase of $1,142.37 in reimbursement revenue from Pinellas County to bring the budget in line with revenues received.1,142 Parking Lot Improvements 25 ENPK180002 (700,000) To record a budget transfer in parking fund revenue of $700,000.00 to project ENPK180003,Parking Facilities,as approved by the Council November 17, 2022. (700,000) Parking Facilities 26 ENPK180003 700,000 To record a budget transfer in parking fund revenue of $700,000.00 from project ENPK180002,Parking Lot Improvements,as approved by the Council November 17, 2022. 700,000 22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2022/23 Seminole Boat Launch Maintenance 27 M2102 153,591 To record a budget increase of $153,591.47 in parking fund revenue to bring the budget in line with revenues received.153,591 Ed Wright/Ross Norton Park Renovations 28 C2002 16,163 To record budget transfers of general fund revenues of $7,011.42 from project 93642,Phillip-Jones Restroom/Concession;and $9,151.36 from project C2205, Enterprise Dog Park. This project's title and scope is being expanded to include renovations at the adjacent Ross Norton Park to provide for the needed updates of this large community park area.16,163 Parks & Beautification R&R 29 M2206 79,200 To record a budget increase of $79,200.00 from recreation facility impact fees as approved by Council October 20, 2022.79,200 Phillip-Jones Restroom/Concession - CLOSE PROJECT 30 93642 (7,011) To record a budget transfer of $7,011.42 in general fund revenue to project C2002,Ed Wright Park Renovation.This will close the project.(7,011) Enterprise Dog Park - CLOSE PROJECT 31 C2205 (9,151) To record a budget transfer of $9,151.36 in general fund revenue to project C2002,Ed Wright Park Renovation.This will close the project.(9,151) Athletic Field Shade Structures 32 C2213 70,000 To record a budget increase of $70,000.00 in donation revenue, as approved by the Council October 20,2022.70,000 3,674,281 - - 3,674,281 TOTAL 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Other General Government 93535 Countryside Library Demolition 75,000 - 75,000 - - 75,000 94233 Motorized Equip-Cash 2,683,945 21,156 2,705,101 2,457,769 92,710 154,622 1 94246 Fleet Management & Mapping 710,000 - 710,000 615,964 - 94,036 94729 City-wide Connectivity 5,623,089 - 5,623,089 3,782,190 - 1,840,900 94736 Geographic Information Sys 1,260,997 - 1,260,997 954,455 - 306,542 94828 Financial Systems Upgrades 4,258,165 - 4,258,165 2,812,051 33,846 1,412,268 94829 CIS Upgrades / Replacement 1,457,376 - 1,457,376 518,508 156,665 782,203 94830 MS Licensing / Upgrades 1,350,000 - 1,350,000 842,601 - 507,399 94850 Backfile Conversion of Records 500,000 - 500,000 192,043 - 307,957 94857 Accela Permit & Code Enforce 450,000 - 450,000 328,512 - 121,488 94873 Citywide Camera System 460,000 - 460,000 277,704 - 182,296 94874 City Enterprise Timekeep Sys 410,000 - 410,000 202,802 - 207,198 94880 Granicus Agenda Mgt Sys 260,000 - 260,000 41,136 - 218,864 94883 Business Proc Review & Improve 1,225,735 - 1,225,735 361,862 89,993 773,880 94888 City EOC & Disaster Recovery Fac 3,360,000 - 3,360,000 3,135,802 39,099 185,099 C1901 Beach Radio Tower 852,370 - 852,370 - - 852,370 C2004 Lift Stations - General Gov 2,240,000 - 2,240,000 176,562 - 2,063,438 C2006 ADA Transition Plan 1,200,000 - 1,200,000 323,506 - 876,494 C2007 Citywide Audio/Visual Solutions 465,053 - 465,053 56,499 - 408,554 C2101 North Ward Preservation 77,920 - 77,920 60,058 - 17,862 C2106 Greenprint Implementation 837,848 - 837,848 337,829 218,086 281,933 C2212 City Hall Demolition 610,000 - 610,000 - 557,693 52,307 G2211 ARPA Fiber Upgrades 3,500,000 - 3,500,000 - - 3,500,000 G2214 ARPA Solar Panels 2,000,000 - 2,000,000 - - 2,000,000 ENGF220001 New City Hall 16,700,300 - 16,700,300 - 2,948,340 13,751,960 GSBM180001 Air Cond Replace-City Wide 2,079,436 - 2,079,436 1,218,232 - 861,204 GSBM180002 Flooring for Facilities 1,677,837 - 1,677,837 1,056,406 72,309 549,122 GSBM180003 Roof Repair and Replacement 3,154,213 - 3,154,213 2,152,741 11,574 989,899 GSBM180004 Painting of Facilities 1,042,923 - 1,042,923 403,132 30,156 609,634 GSBM180005 Fencing of Facilities 183,170 - 183,170 73,199 - 109,970 GSBM180006 Light Replacement & Repair 753,197 - 753,197 374,834 - 378,362 GSBM180007 Elevator Refurbish/Modern 860,576 - 860,576 11,118 - 849,458 GSBM180008 Building Systems 2,218,377 - 2,218,377 813,896 525 1,403,956 GSBM180009 New A/C Chiller System 5,600,000 - 5,600,000 1,752,713 - 3,847,287 GSBM180010 General Services R&R 600,000 - 600,000 402,395 11,327 186,277 GSBM180011 Generator Maintenance 670,000 - 670,000 78,003 - 591,997 GSBM180012 General Faci Bldg Major Reno 2,885,242 - 2,885,242 256,834 370,512 2,257,897 GSFL180001 Fleet Facility R&R 694,520 - 694,520 93,527 24,303 576,690 L1902 B&M Vehicle & Equipment 65,000 (29,955) 35,046 35,046 - - C 2 L1906/M2202 Telecommunications Upgrade 2,269,047 - 2,269,047 11,377 - 2,257,671 L1907/M1911 IT Disaster Recovery 705,396 - 705,396 68,443 - 636,953 L1908/M1912 Network Infra & Server R&R 2,766,417 - 2,766,417 1,719,873 106,515 940,029 L1910 Motorized Equip Replace - LP 24,448,827 - 24,448,827 14,721,507 5,500,528 4,226,791 L1911 Garage - Off Cycle Replacements 500,000 - 500,000 205,544 369,794 (75,338) L2301 Motorized Equip Purchases - LP 2,139,150 - 2,139,150 494,537 843,230 801,383 M1914 Sustainability Initiatives 200,000 - 200,000 146,710 - 53,290 M2007 City EOC Maintenance 125,000 - 125,000 1,162 - 123,838 L2001/M2010 P25 Radio Equipment & Infrast 4,507,104 - 4,507,104 2,853,384 10,560 1,643,160 M2201 Studio/Production Eqp.51,344 - 51,344 - - 51,344 M2211 Neighborhood Reinvest Fund 200,000 - 200,000 - - 200,000 Sub-Total 112,964,573 (8,798) 112,955,774 46,422,466 11,487,765 55,045,544 Actual Expenditures 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Police Protection 94238 Police Vehicles 2,752,032 - 2,752,032 2,491,068 - 260,964 C2201 Police CAD Replacement 900,000 - 900,000 312,791 - 587,209 C2206 PD Equipment Facility 750,000 - 750,000 - - 750,000 P1802 Police Equipment Replacement 809,686 45,861 855,547 712,962 17,605 124,980 3 P1803 Command Bus Refurbishment 200,000 (45,861) 154,139 154,139 - - C 4 P1902 Police Information Systems 450,000 - 450,000 357,945 8,726 83,329 P2102 Training Range Sound Mitigation 820,000 - 820,000 787,787 15,408 16,805 PD00180001 Police District 3 Station 13,050,000 - 13,050,000 11,859,572 1,397,365 (206,937) Sub-Total 19,731,718 - 19,731,718 16,676,264 1,439,104 1,616,350 Fire Protection 91218 Fire Engine Replacement 4,249,366 - 4,249,366 3,482,241 718,190 48,936 91244 Aerial Truck 3,368,080 - 3,368,080 2,653,479 - 714,601 91260 Thermal Imaging Cameras 320,270 - 320,270 163,939 - 156,331 91261 Personal Protection Equip 2,664,250 - 2,664,250 2,158,296 - 505,954 91262 SCBA Upgrade - Fill Station 125,000 (42,634) 82,366 82,366 - - C 5 91264 Fire Hose Replacement 531,460 - 531,460 316,471 - 214,989 91271 Fire Boat 1,008,363 - 1,008,363 694,171 - 314,192 C2207 FD Equipment Facility 750,000 - 750,000 13,582 - 736,418 FD00190001 Fire Station 46 - Beach 10,350,693 - 10,350,693 4,373,494 5,780,792 196,407 FD00190002 Fire Station 47 Replacement 4,839,441 - 4,839,441 1,199,068 115,345 3,525,028 M2005 Fire Training Tower 400,286 - 400,286 52,987 - 347,299 Sub-Total 28,607,208 (42,634) 28,564,574 15,190,095 6,614,327 6,760,153 Fire Rescue Services 91229 Replace & Upgrade Airpacks 1,341,680 42,634 1,384,314 921,668 - 462,646 6 91236 Rescue Vehicle 862,500 - 862,500 275,930 219,850 366,720 91257 AED Program 315,510 - 315,510 279,236 - 36,274 91263 Extrication Tools 177,000 - 177,000 125,708 - 51,292 ENGF190002 Beach Guard Tower 324,239 - 324,239 95,585 - 228,654 ENGF200002 Beach Guard Admin Building 135,000 - 135,000 - - 135,000 Sub-Total 3,155,929 42,634 3,198,563 1,698,126 219,850 1,280,587 Gas Utility Services 96358 Environmental Remediation 2,134,794 - 2,134,794 1,904,220 91,463 139,111 96365 Line Relocation-Pinellas Maint 836,569 - 836,569 582,890 - 253,679 96367 Gas Meter Change Out-Pinellas 4,663,000 - 4,663,000 4,314,045 - 348,955 96374 Line Relocation-Pinellas Capital 3,333,500 - 3,333,500 3,111,316 18,020 204,164 96376 Line Relocation - Pasco Maint 361,384 - 361,384 146,186 - 215,198 96377 Pinellas New Mains / Serv Lines 45,431,671 48,604 45,480,275 37,219,038 177,042 8,084,195 7 96378 Pasco New Mains / Serv Lines 27,922,099 102,308 28,024,407 24,467,447 12,900 3,544,060 8 96379 Pasco Gas Meter Change Out 1,592,821 - 1,592,821 885,747 - 707,074 96381 Line Reloc-Pasco-Capitalized 1,847,300 - 1,847,300 1,278,075 - 569,225 96382 Gas Inventory - Work Mgmt Sys 2,492,000 - 2,492,000 856,268 - 1,635,732 96384 Gas System - Pinellas Building 28,857,855 - 28,857,855 28,069,261 47,365 741,229 96385 Gas Main Extensions 1,807,845 - 1,807,845 1,512,831 - 295,014 96386 Expanded Energy Conservation 16,128,589 - 16,128,589 12,407,657 - 3,720,931 96387 Natural Gas Vehicle 7,684,584 - 7,684,584 4,679,406 2,373,967 631,211 96389 Future IMS Software & Hardware 1,475,000 - 1,475,000 361,793 - 1,113,207 96391 Gas System Pasco Building 950,000 - 950,000 1,392 - 948,608 C2301 Pasco Gate Station 1,500,000 - 1,500,000 - - 1,500,000 M1904 Pinellas Building Equip R&R 1,000,000 - 1,000,000 - - 1,000,000 Sub-Total 150,019,009 150,913 150,169,922 121,797,572 2,720,757 25,651,593 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Solid Waste Control Services 96426 Facility R & R 3,027,608 (1,165,542) 1,862,066 1,862,066 - (0) C 9 96443 Res Container Acquisition 2,326,741 (593,659) 1,733,081 1,733,081 - (0) C 10 96444 Comm Container Acquisition 4,695,420 (342,971) 4,352,448 4,352,448 - - C 11 96445 Solar Trash & Recycling Kiosks 364,414 (125,232) 239,182 239,182 - - C 12 96448 Solid Waste CNG Station 150,000 (150,000) - - - - C 13 96449 Solid Waste Truck Wash Fac 555,500 (555,500) - - - - C 14 96804 Recycling Carts/Dumpsters 1,426,650 (500,795) 925,855 925,855 - - C 15 96805 Recycling Expan/Particip/R&R 1,341,525 (118,589) 1,222,936 1,222,936 - - C 16 C2005/L2005 Underground Refuse Program 2,195,090 - 2,195,090 1,712,374 14,503 468,213 C2302 Rebuild SW Adm Comp 8,610,526 8,610,526 8,610,526 17 L2201 SW/Recyc Add Veh & Equip 185,000 (185,000) - - - - C 18 M2301 SW Facility R&R 200,000 - 200,000 - - 200,000 SR00180003 Processing Ctr Building Replace 5,062,633 (5,058,237) 4,396 4,396 - 0 C 19 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 - 19,650,130 19,051,177 63,124 535,829 Sub-Total 41,180,710 (185,000) 40,995,710 31,103,516 77,627 9,814,567 Water-Sewer Combination Services 96212 Sanitary Sewer Upgrades/Impr 17,345,431 - 17,345,431 8,121,165 6,356,516 2,867,751 96213 Marshall Street Upgrades/Impr 20,044,299 - 20,044,299 9,942,958 5,396,064 4,705,276 96214 East Plant Upgrades/Improve 5,150,000 - 5,150,000 560,385 214,831 4,374,784 96215 N.E. Plant Upgrades/Improve 35,263,620 2,761,324 38,024,945 15,555,836 7,831,259 14,637,849 20 96216 Laboratory Upgrade/Improve 1,155,079 - 1,155,079 12,168 - 1,142,912 96217 Pump Station R&R 1,350,192 - 1,350,192 664,726 4,363 681,103 96523 Pub Utilities Adm Bldg R&R 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 1,104,306 - 1,104,306 - - 1,104,306 96630 Sanitary Sewer Extension 15,319,608 - 15,319,608 12,615,157 4,557 2,699,895 96634 Sanitary Sewer Relocation 4,392,493 8,392 4,400,885 3,356,534 126,640 917,710 21 96645 Laboratory Upgrade & R&R 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 11,779,876 - 11,779,876 10,712,615 258,998 808,263 96664 Water Pollution Control R & R 30,081,864 - 30,081,864 20,424,721 5,136,047 4,521,096 96665 Sanitary Sewer R&R 84,663,458 - 84,663,458 46,191,846 28,164,298 10,307,314 96686 Pump Station Replacement 9,413,137 462,000 9,875,137 5,827,465 122,058 3,925,614 22 96721 System R & R - Maintenance 17,015,686 - 17,015,686 4,905,703 3,186,486 8,923,496 96722 Line Relocation - Maintenance 5,425,071 181,517 5,606,588 3,630,489 66,181 1,909,918 23 96739 Reclaimed Water Dist Sys 47,616,014 - 47,616,014 45,551,956 621,172 1,442,886 96742 Line Relocation-Capitalized 5,869,275 - 5,869,275 4,255,780 - 1,613,495 96744 System Expansion 3,945,043 - 3,945,043 3,444,116 - 500,927 96764 RO Plant Exp Res #1 16,499,527 - 16,499,527 13,243,654 39 3,255,834 96767 RO Plant at Res #2 50,495,439 - 50,495,439 41,829,189 928,510 7,737,740 96773 Groundwater Replenishm Fac 7,400,118 - 7,400,118 5,912,762 7,877 1,479,479 96782 RO Plant @WTP #3 3,069,594 - 3,069,594 347,671 1,872,710 849,213 96783 Water Sys Upgrades/Improve 8,953,600 - 8,953,600 2,028,575 1,313,109 5,611,917 96784 Reclaim Water Distrib Sys R&R 4,840,936 1,142 4,842,078 1,362,709 1,952,496 1,526,873 24 96785 Feasibility Studies/Evalu - Water 3,805,000 - 3,805,000 2,371,861 117,688 1,315,451 96786 Devices/Equipments - Water 1,100,000 - 1,100,000 - - 1,100,000 G2206 Portable Generators 630,000 - 630,000 - - 630,000 L1904/L1905 /M2008 Vehicle & Equip-Sewer 1,077,913 - 1,077,913 1,000,239 - 77,674 M1905 Marshall Street Plant R&R 4,160,000 - 4,160,000 376,642 117,014 3,666,344 M1906 Northeast Plant R&R 2,279,313 - 2,279,313 431,422 7,853 1,840,038 M1907 East Plant R&R 5,165,000 - 5,165,000 318,313 3,490 4,843,197 M1908 RO Plant Exp Res #1 R&R 1,300,000 - 1,300,000 40,251 873 1,258,877 M1909 RO Plant at Res #2 R&R 1,250,000 - 1,250,000 167,232 873 1,081,895 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Water-Sewer Combination Services (continued) M1910 Water Treatment Plant #3 R&R 898,851 - 898,851 152,278 873 745,701 M2103 Utilities Bldg & Maint 1,000,000 - 1,000,000 235,716 - 764,284 Sub-Total 432,563,206 3,414,375 435,977,582 267,155,588 63,812,874 105,009,120 Flood Protection/SW Management C1908 Stormwater Vehicles & Equip 5,695,930 - 5,695,930 3,535,164 509,808 1,650,958 ENST180001 Stormwater Pipe System Improve 16,422,507 - 16,422,507 4,186,906 2,520,504 9,715,097 ENST180002 Allen's Creek 3,309,631 - 3,309,631 2,634,874 124,071 550,686 ENST180003 Stormwater System Expansion 1,339,146 - 1,339,146 - - 1,339,146 ENST180004 Stevenson Creek 3,500,286 - 3,500,286 104,217 65,406 3,330,664 ENST180005 Coastal Basin 4,494,370 - 4,494,370 2,803,794 164,739 1,525,837 ENST180006 Alligator Creek Watershed 4,661,592 - 4,661,592 503,387 132,880 4,025,325 ENST180010 Lower Spring Branch Improve 2,320,000 - 2,320,000 347,714 101,580 1,870,706 Sub-Total 41,743,463 - 41,743,463 14,116,056 3,618,987 24,008,419 Other Physical Environment 93422 Dredging of City Waterways 1,346,204 - 1,346,204 483,487 - 862,717 C2208 Coopers Point 1,400,000 - 1,400,000 - - 1,400,000 C2214 Public Works Complex 1,813,738 - 1,813,738 - - 1,813,738 ENGF180006 City-wide Docks and Seawall 2,636,739 - 2,636,739 1,794,552 - 842,188 ENGF180011 Environmental Assmt & Clean-up 1,209,664 - 1,209,664 122,801 8,008 1,078,854 ENGF180014 Seminole Boat Launch Improve 6,752,000 - 6,752,000 4,295,199 25,429 2,431,372 M2002 Environ Park Remediate & Protect 200,000 - 200,000 26,840 14,750 158,410 M2006 Right of Way Tree Mgt Prog 800,000 - 800,000 235,901 - 564,099 M2210 CW Municipal Cemetery Reno 600,000 - 600,000 - 148,785 451,215 Sub-Total 16,758,345 - 16,758,345 6,958,781 196,972 9,602,592 Road and Street Facilities C2102 Fort Harrison Reconstruction 15,249,666 - 15,249,666 643,188 2,124,490 12,481,989 C2103 Downtown Streetscaping 17,601,407 - 17,601,407 9,522,836 7,309,705 768,866 C2105 Mercado - Downtown Gateway 927,795 - 927,795 927,795 - - C ENGF200003 Memorial Causeway Bridge Lighting 200,000 - 200,000 - - 200,000 ENRD180002 Bridge Maintenance & Improve 9,896,497 - 9,896,497 2,563,584 2,351,649 4,981,264 ENRD180004 Streets and Sidewalks 25,777,514 - 25,777,514 16,484,757 540,945 8,751,812 ENRD180005 City-Wide Intersection Improve 4,522,907 - 4,522,907 1,230,865 23,066 3,268,976 ENRD180006 Traffic Signals 2,524,534 - 2,524,534 937,679 119,452 1,467,403 ENRD180007 Traffic Safety Infrastructure 1,407,155 - 1,407,155 892,972 124,793 389,389 G2213 ARPA Streets & Sidewalks 2,000,000 - 2,000,000 - - 2,000,000 Sub-Total 80,107,475 - 80,107,475 33,203,676 12,594,100 34,309,699 Airports 94817 Airpark Maintenance & Repair 364,245 - 364,245 285,843 - 78,402 G1901 Replace Hangar C 1,305,000 - 1,305,000 1,264,714 29,765 10,522 G2108 Security System Upgrade 228,000 - 228,000 121,177 - 106,823 G2306 Apron Relayment 250,000 - 250,000 - - 250,000 Sub-Total 2,147,245 - 2,147,245 1,671,733 29,765 445,747 Water Transportation System 93415 Waterway Maintenance 900,000 - 900,000 650,368 50,113 199,520 Sub-Total 900,000 - 900,000 650,368 50,113 199,520 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Parking Facilities ENPK180001 Parking Lot Resurfacing 808,476 - 808,476 61,304 - 747,172 ENPK180002 Parking Lot Improvements 2,418,802 (700,000) 1,718,802 708,020 23,042 987,740 25 ENPK180003 Parking Facilities 4,128,348 700,000 4,828,348 2,446,076 2,154,916 227,356 26 ENPK230001 Downtown Parking Garage 10,500,000 - 10,500,000 - - 10,500,000 M2102 Seminole Boat Launch Maint 375,083 153,591 528,674 28,935 14,240 485,499 27 Sub-Total 18,230,709 153,591 18,384,301 3,244,335 2,192,198 12,947,767 Other Transportation 92842 City Wayfinding Project 2,050,000 - 2,050,000 1,050,592 839,401 160,007 ENGF180002 Downtown Intermodal 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 404,146 - 404,146 254,022 15,695 134,429 ENGF180004 Survey Equipment Replacement 40,288 - 40,288 - - 40,288 ENGF180013 Imagine Clearwater 84,661,322 - 84,661,322 53,518,009 29,652,891 1,490,422 Sub-Total 88,080,513 - 88,080,513 54,822,623 30,507,987 2,749,902 Libraries 93527 Books & Other Lib Materials 7,696,601 - 7,696,601 7,682,312 127 14,162 93530 Consolidated Eastside/SPC Libr 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 - 282,560 222,233 3,597 56,730 93534 Library FF&E Repair & Replace 465,000 - 465,000 163,837 50 301,113 94861 Library Technology 1,550,000 - 1,550,000 1,320,243 - 229,757 C2211 Main Library Renovation 1,350,000 - 1,350,000 - - 1,350,000 Sub-Total 16,774,161 - 16,774,161 14,689,232 3,775 2,081,154 Parks & Recreation 93133 Park Land Acquisition 1,977,351 - 1,977,351 1,968,186 3,200 5,965 93272 Bicycle Paths-Bridges 5,620,232 - 5,620,232 4,268,116 49,694 1,302,421 93602 Sp Events Equip Rep & Rplcmnt 410,000 - 410,000 323,389 - 86,611 93618 Miscellaneous Park & Rec Contract 1,185,000 - 1,185,000 577,822 42,531 564,647 93646 Rest Rm Expan-Barefoot Bch House 520,950 - 520,950 518,374 750 1,826 93667 Del Oro Park Renovations 2,686,000 - 2,686,000 2,248,920 391,416 45,664 C1904 Ruth Eckerd Hall 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2002 Ed Wright/Norton Park Renovations 839,110 16,163 855,272 - - 855,272 28 C2202 Long Center Major Reno 7,000,000 - 7,000,000 79,392 - 6,920,608 C2209 Neighborhood Park Renovations 400,000 - 400,000 - - 400,000 G2218 ARPA State Street Park Impv 700,000 - 700,000 - - 700,000 L1901 P&R Vehicle and Equip Additions 546,210 - 546,210 520,438 - 25,772 M2206 Parks & Beautification R&R 1,925,690 79,200 2,004,890 217,561 418,486 1,368,843 29 ENGF180007 Phillip Jones Park Renovations 224,726 - 224,726 55,557 8,541 160,628 Sub-Total 32,535,269 95,363 32,630,631 17,777,756 914,618 13,938,257 Cultural Services A1901 Miscellaneous Minor Public Art 227,079 - 227,079 106,533 - 120,546 A2201 Cultural Arts Plan 85,000 - 85,000 15,085 - 69,915 Sub-Total 312,079 - 312,079 121,618 - 190,460 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2023 Budget Revised Project Open Available Amend Description 10/1/23 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Special Recreation Facilities 93410 Clwr Harbor Marina Maint R&R 447,500 - 447,500 355,618 - 91,882 93420 Fuel System R & R 272,752 - 272,752 161,999 - 110,753 93499 Pier 60/Sailing Center Maint 471,952 - 471,952 373,657 - 98,294 93642 Phillip-Jones Restroom/Concess 456,944 (7,011) 449,932 449,932 - (0) C 30 93650 Crest Lake Park Improvement 7,709,222 - 7,709,222 7,702,822 6,400 - C1905 Beach Marina Upgrade 15,992,258 - 15,992,258 513,377 1,002,321 14,476,560 C1906 Clw Harbor Marina Repl & Up 2,795,695 - 2,795,695 989,060 1,671,731 134,904 C2001 Athletic Flds & Fac Reno/Improve 8,500,000 - 8,500,000 - - 8,500,000 C2204 Soccer Reno EC Moore 100,000 - 100,000 - - 100,000 C2205 Enterprise Dog Park 260,000 (9,151) 250,849 250,849 - - C 31 C2210 Sailing Center Dock Replacement 732,852 - 732,852 373,492 354,731 4,630 C2213 Athletic Field Shade Structures 700,000 70,000 770,000 - 715,377 54,624 32 M1902 Marine Fac Maint Dock R&R 614,970 - 614,970 422,188 - 192,782 M2204 Carpenter & BayCare R&R 2,404,483 - 2,404,483 644,859 495,546 1,264,078 M2205 Recreation Center R&R 1,218,101 - 1,218,101 190,542 3,200 1,024,360 M2207 Athletic Field R&R 1,367,568 - 1,367,568 113,767 1,876 1,251,924 M2208 Beach Walk/Pier 60 Park R&R 1,498,735 - 1,498,735 169,984 1,232,722 96,029 Sub-Total 45,543,031 53,837 45,596,868 12,712,146 5,483,903 27,400,819 TOTAL ALL PROJECTS 1,131,354,643 3,674,281 1,135,028,924 660,011,951 141,964,722 333,052,252 29 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 318,800 To record a budget increase of $318,800.00 in fine revenues to bring the budget in line with actual receipts.318,800 General Government Totals:318,800 - 318,800 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 6,400 To record a budget increase of $6,400.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.6,400 Police Extra Duty 3 99215 689,616 To record a budget increase of $689,615.60 in police service revenue to bring the budget in line with actual receipts.689,616 Federal Forfeiture Treasury 4 99281 600 To record a budget increase of $600.00 in interest earnings which will bring the budget in line with actual receipts.600 Police Volunteers 5 99316 15,000 To record a transfer of $15,000.00 in fines forfeitures and penalties revenue from project 181-99330,Florida Contraband Forfeiture Fund.15,000 Police Education Fund 6 99317 10,731 To record a budget increase of $10,730.80 in police education fine revenue which will bring the budget in line with actual receipts.10,731 Investigative Costs Recovery 7 99329 49,687 To record a budget increase of $49,686.50 in fines,forfeitures and penalties revenue to bring the budget in line with actual receipts. 49,687 Florida Contraband Forfeiture Fund 8 99330 91,305 To record a budget increase of $88,935.13 in fines,forfeitures and penalties revenue,and $2,369.59 in interest earnings which will bring the budget in line with actual receipts.91,305 Vehicle Replacement Fund 9 99350 51,798 To record a budget increase representing a transfer of $51,798.00 from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs.51,798 Special Program Fund First Quarter Amendments FY 2022/23 30 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2022/23 Public Safety Programs (continued) Safe Neighborhood Program 10 99356 20,000 To record an increase of $20,000.00 transferred from 99330, Florida Contraband Forfeiture Fund to support community outreach programs.20,000 Crime Prevention Program 11 99364 4,100 To record a budget increase of $4,100.00 in donation revenues. This will bring the budget in line with actual receipts.4,100 Federal Forfeiture Sharing 12 99387 22,983 To record an increase of $17,860.78 in grant revenues from the US Department of Justice,and $5,121.88 in interest earnings which will bring the budget in line with actual receipts.22,983 Pedestrian/Bicycle Safety Grant 2023 - NEW PROGRAM 13 G2208 21,836 To establish the program and record a budget increase of $21,836.07 in grant revenues from the University of North Florida as approved by Council on September 15, 2022.21,836 School Resource Officers (SRO) 14 P1801 655,589 To record a budget increase of $49,045.79 in reimbursement revenue from the Pinellas County School Board (PCSB)for SRO extra duty;an increase of $409,507.20 in reimbursement revenue from PCSB for the annual agreement,and transfers of fine, forfeiture and penalty revenue of $97,036.00 from program 99330,Florida Contraband Forfeiture Fund and $100,000.00 from program 99387,Federal Forfeiture Sharing to fund the 2022/23 school year as approved by the Council on February 18, 2021.655,589 Public Safety Program Totals:1,639,643 - 1,639,643 Physical Environment Programs Tree Replacement Program 15 99970 30,528 To record a budget increase of $30,528.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.30,528 Physical Environment Program Totals:30,528 - 30,528 31 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2022/23 Economic Environment Programs Brownfield MAC Grant - NEW PROGRAM 16 G2207 300,000 To establish the program and record a budget increase of $300,000.00 in grant revenues awarded from the US Environmental Protection Agency (EPA).300,000 Economic Environment Program Totals:300,000 - 300,000 Human Services Programs JWB Youth Programming 17 G2107 468,897 To record a budget increase of $468,897.00 in governmental revenue from the Juvenile Welfare Board (JWB)for fiscal year 2022/23 youth programs approved by the Council on September 15, 2022.468,897 Opioid Settlement Funds - NEW PROGRAM 18 M2209 135,281 To establish the program and record a budget increase of $135,281.35 representing Clearwater's portion of opioid settlement funds received from the State of Florida.135,281 Human Services Program: Totals:604,178 - 604,178 Culture and Recreation Programs Library Special Account 19 99910 30,233 To record a budget increase of $30,233.03 in donation revenue to bring the budget in line with actual receipts.30,233 Special Events 20 PRSE190001 115,200 To record budget increase of $115,200.00 transferred from the General Fund to account for overtime costs for police officers at City sponsored events.115,200 Culture and Recreation Program Total:145,433 - 145,433 3,038,583 - 3,038,583 Total Budget Increase/(Decrease): 32 Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2022/23 Intrafund/Interfund Transfers Police Extra Duty 99215 51,798 To record a transfer of $51,798.00 to 99350,Vehicle Replacement,representing revenue collected for vehicle usage on extra duty jobs. Florida Contraband Forfeiture Fund 99330 132,036 To record the following transfers of fines,forfeiture and penalty revenues between police programs:$15,000.00 to 99316,Police Volunteers,$20,000.00 to 99356,Safe Neighborhood Program; and $97,036 to P1801,School Resource Officers,to provide additional funding needed for the fiscal year 2022/23 SRO contract. Federal Forfeiture Sharing 99387 100,000 To record a transfer of $100,000 in fines,forfeiture and penalty revenues to P1801,School Resource Officers,to provide additional funding needed for the fiscal year 2022/23 SRO contract. Total Interfund Transfers:283,834 33 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2022 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 99928 Nagano Sister City Program 378,899 - 378,899 172,561 - 206,338 M1913 Lien Foreclosure Program 850,984 318,800 1,169,784 516,663 - 653,121 1 M2101 Planning Studies Fund 1,025,000 - 1,025,000 343,750 54,175 627,075 Sub-Total 2,543,883 318,800 2,862,683 1,182,901 54,175 1,625,607 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 170,800 6,400 177,200 22,163 - 155,038 2 98610 Hurricane Irma 3,918,686 - 3,918,686 2,706,118 - 1,212,567 99215 Police Extra Duty 6,161,622 689,616 6,851,237 6,614,957 2,674 233,606 3 99279 Police Recruitments 261,010 - 261,010 95,181 - 165,829 99281 Fed Forfeitures - Treasury 195,885 600 196,485 120,171 - 76,314 4 99316 Police Volunteers 168,519 15,000 183,519 147,724 - 35,794 5 99317 Police Education Fund 1,445,364 10,731 1,456,095 1,304,567 - 151,528 6 99329 Investigative Recovery Costs 2,939,457 49,687 2,989,144 2,739,570 35,800 213,774 7 99330 FL Contraband Forfeiture Fund 1,158,234 91,305 1,249,539 1,180,796 - 68,743 8 99350 Vehicle Replacement Fund 771,971 51,798 823,769 444,133 83,964 295,672 9 99356 Safe Neighborhood Program 1,441,203 20,000 1,461,203 1,392,682 - 68,521 10 99364 Crime Prevention Program 241,674 4,100 245,774 208,514 11,814 25,445 11 99387 Federal Forfeiture Sharing 2,504,602 22,983 2,527,585 2,106,139 - 421,446 12 99927 Emergency Operations 4,328,870 - 4,328,870 3,265,241 - 1,063,629 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 D2001 COVID-19 Prep & Response 1,981,240 - 1,981,240 649,074 - 1,332,166 G2110 Pedestrian/Bicycle Safety Grant 2022 46,455 - 46,455 45,609 - 846 G2208 Pedestrian/Bicycle Safety Grant 2023 - 21,836 21,836 16,323 - 5,514 13 P1801 School Resource Officers 2,266,427 655,589 2,922,016 2,351,882 - 570,135 14 P2002 Police Body Worn Camera Program 882,922 - 882,922 812,683 751 69,488 P2101 Mental Health Co-Responder Team 393,800 - 393,800 250,000 - 143,800 P2201 DEA OT Reimbursement Program 20,000 - 20,000 23,990 - (3,990) P2202 ESST OT Reimbursement Program 2,000 - 2,000 645 - 1,355 P2203 FBI OT Reimbursement Program 20,000 - 20,000 20,078 - (78) P2204 Secret Service OT Reimb Program 20,000 - 20,000 20,111 - (111) Sub-Total 31,410,441 1,639,643 33,050,084 26,579,439 135,004 6,335,642 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,996,074 30,528 2,026,602 1,034,508 - 992,094 15 Sub-Total 1,996,074 30,528 2,026,602 1,034,508 - 992,094 ECONOMIC ENVIRONMENT PROGRAMS 99802 Brownfield Revolving Loan 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 - 166,879 71,591 - 95,288 G2010 CDBG-CV Fund 1,549,338 - 1,549,338 331,726 629,072 588,540 G2011 Back to Business Grant Program 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 690,825 - 690,825 564,503 - 126,322 M2009 Afford Housing & Comm Development 290,853 - 290,853 13,962 - 276,891 M2105 ED Strategic Plan 153,896 - 153,896 - - 153,896 G2201 Public Facilities 2022 670,471 - 670,471 385,397 199,028 86,046 G2202 Economic Development 2022 110,246 - 110,246 72,603 12,445 25,199 G2203 Program Administration 2022 211,771 - 211,771 184,525 3,125 24,121 G2205 Public Services 2022 233,512 - 233,512 192,825 14,289 26,398 G2207 Brownfield MAC Grant - 300,000 300,000 10,679 25,321 264,000 16 G2209 Duke Energy ED Grant 25,000 - 25,000 2,200 20,000 2,800 34 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2022 - DECEMBER 31, 2022 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) G2210 ARPA North Greenwood CRA 5,000,000 - 5,000,000 - - 5,000,000 G2212 ARPA Affordable Housing 3,300,000 - 3,300,000 - - 3,300,000 G2219 ARPA Business Incubator 250,000 - 250,000 - - 250,000 G2301 Public Facilities 2023 636,582 - 636,582 - 533,107 103,475 G2302 Economic Development 2023 460,575 - 460,575 - - 460,575 G2303 Program Administration 2023 179,495 - 179,495 636 33,127 145,733 G2304 Infill Housing 2023 135,000 - 135,000 - - 135,000 G2305 Public Services 2023 134,621 - 134,621 - 134,621 - Sub-Total 18,965,797 300,000 19,265,797 3,678,525 1,604,135 13,983,137 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 9,000 - 9,000 6,671 - 2,329 98607 Senior Citizens Services - Trips 14,000 - 14,000 13,540 - 460 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 18,080 - 18,080 12,431 - 5,649 99869 Health Prevention Program 190,269 - 190,269 180,134 - 10,135 G2107 JWB Youth Programming 1,196,323 468,897 1,665,220 898,858 - 766,362 17 G2215 ARPA Pinellas Community Foundation 1,000,000 - 1,000,000 - - 1,000,000 G2216 ARPA Non-profit Grants 1,000,000 - 1,000,000 - - 1,000,000 G2217 ARPA Education Grants & Partnerships 750,000 - 750,000 - - 750,000 M2209 Opioid Settlement Funds - 135,281 135,281 - - 135,281 18 Sub-Total 4,207,672 604,178 4,811,850 1,139,233 - 3,672,617 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 - 106,077 - - 106,077 99910 Library Special Account 910,161 30,233 940,394 900,322 - 40,072 19 C2303 Library - Machan Estate - - - - - - G1907 Clearwater for Youth Grants 70,095 - 70,095 38,841 - 31,255 PRSE190001 Special Events 2,899,058 115,200 3,014,258 2,846,567 1,200 166,491 20 Sub-Total 3,985,391 145,433 4,130,824 3,785,729 1,200 343,894 TOTAL ALL PROJECTS 63,109,258 3,038,583 66,147,840 37,400,335 1,794,514 26,952,992 35 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2022/23 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 79,200 First quarter amendments reflect an allocation of $79,200.00 in recreation facility impact fees to capital project M2206,Parks &Beautification R&R,as approved by the Council on October 20, 2022. 79,200$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 79,200 First quarter amendments reflect a transfer of $79,200.00 in recreation facility impact fees to capital project M2206,Parks &Beautification R&R,as approved by the Council on October 20, 2022. 79,200$ Net Expenditure Amendments 36 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2022 - December 31, 2022 Mid-Year: October 1, 2022 - March 31, 2023 Original First Quarter Budget Amended Budget 2022/23 2022/23 Amendments Revenues: Ad Valorem Taxes 4,050,410 4,050,410 - Infrastructure Tax 16,441,000 16,441,000 - Interest Earnings 450,000 450,000 - Multi-Modal Impact Fees 140,000 140,000 - Local Option Gas Tax 1,327,150 1,327,150 - Allocation of Assigned Fund Balance 6,507,630 6,586,830 79,200 28,916,190 28,995,390 79,200 Expenditures: Transfer to Capital Improvement Fund Road Millage 4,050,410 4,050,410 - Infrastructure Tax 22,948,630 22,948,630 - Recreation Facility Impact Fees - 79,200 79,200 Multi-Modal Impact fees 140,000 140,000 - Local Option Gas Tax 1,327,150 1,327,150 - 28,466,190 28,545,390 79,200 Revenues: CDBG/Home Funds 897,475 897,475 - Interest Earnings 125,000 133,091 8,091 Intergovernmental Revenue - 1,267,147 1,267,147 Charges for Service Revenue - 696,016 696,016 Judgments, Fines and Forfeit Revenue - 498,680 498,680 Miscellaneous Revenue - 169,614 169,614 Transfers from General Fund: Sister City Program 37,380 37,380 - Planning Study Fund 275,000 275,000 - United Way Campaign Fund 1,500 1,500 - Special Events 70,000 185,200 115,200 Police Recruitments 30,000 30,000 - Police Mental Health Co-Responder Team 143,200 143,200 - Transfers from Special Programs - 283,834 283,834 1,579,555 4,618,138 3,038,583 SPECIAL DEVELOPMENT FUND SPECIAL PROGRAM FUND 37 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2022 - December 31, 2022 Mid-Year: October 1, 2022 - March 31, 2023 Original First Quarter Budget Amended Budget 2022/23 2022/23 Amendments Expenditures: General Government 312,380 631,180 318,800 Public Safety 173,200 1,812,843 1,639,643 Physical Environment - 30,528 30,528 Economic Environment 498,117 798,117 300,000 Human Services 1,500 605,678 604,178 Culture and Recreation 70,000 215,433 145,433 Interfund Transfers 399,358 399,358 - Transfer to Capital Fund 50,000 50,000 - 1,504,555 4,543,138 3,038,583 Revenues: HOME Investment Partnerships 509,528 509,528 - State Housing Initiatives Partnerships 781,532 781,532 - Total - HOME/SHIP Funds 1,291,060 1,291,060 - Expenditures: Economic Environment 988,161 988,161 - Interfund Transfers 302,899 302,899 - Total - HOME/SHIP Programs 1,291,060 1,291,060 - OTHER HOUSING ASSISTANCE FUNDS 38 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2022/23 39 In accordance with City of Clearwater Code Section 2.554(6), 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. The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). 2. The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. 3. No contract price increase shall be approved unless sufficient funds are available for such purpose. 4. Contract price decreases may be approved without limitation. 5. The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. ***** 09/21/22 Administrative Change Order #1 – Imagine Clearwater Sitework GMP 2 (17-0031-EN2). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Skanska USA Building, Inc. 500,000.00 09/21/22 Administrative Change Order #1 – Imagine Clearwater Flatwork & Vertical Construction GMP 3 (17-0031-EN3). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Skanska USA Building, Inc. 1,900,000.00 10/12/22 Administrative Change Order #1 – Marshall Street Sand Filter Rehab (20- 0011-UT). This change order increases, decreases, and adds items in accordance with field conditions resulting in a net decrease to the contract. Walbridge Aldinger, LLC (105,537.16) 1/6/23 Administrative Change Order #1 – MS WRF Blend Tank Mixer (18-0057- UT). This change order increases and decreases items in accordance with field conditions resulting in a net decrease to the contract. TLC Diversified, Inc. (207,657.38) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0388 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Adopt Ordinance 9637-23 on second reading, amending the Comprehensive Plan by modifying the Utilities Element, updating provisions related to potable water and natural ground water aquifer recharge needs. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 1 Ordinance No. 9637-23 ORDINANCE NO. 9637-23 AN ORDINANCE OF THE CITY OF CLEARWATER (THE “CITY”), FLORIDA, AMENDING THE CITY OF CLEARWATER COMPREHENSIVE PLAN (THE “COMPREHENSIVE PLAN”) IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, BY MODIFYING THE UTILITIES ELEMENT, UPDATING PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE NEEDS BASED ON THE CITY'S 10-YEAR WATER SUPPLY FACILITIES WORK PLAN (2022-2032), COMPLETED IN ACCORDANCE WITH THE 2020 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S (“SWFWMD”) REGIONAL WATER SUPPLY PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City of Clearwater City Council (the “City Council”) to plan for the future development and growth, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district's regional water supply plans; and WHEREAS, the City's water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on November 17, 2020, the Governing Board for SWFWMD approved the 2020 Regional Water Supply Plan; and WHEREAS, the City has completed the 10-year Water Supply Facilities Work Plan (2022- 2032); and WHEREAS, these proposed amendments and the City's 10-year Water Supply Facilities Work Plan (2022-2032) will be transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and their objections, recommendations and comments, along with all comments from local and regional agencies, will be considered by city staff in preparing these proposed amendments, prior to adoption by the City Council; and WHEREAS, the City Council finds it necessary, desirable, and proper to amend the Comprehensive Plan in order to reflect changing conditions; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, 2 Ordinance No. 9637-23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Introduction to the Utilities Element of the Comprehensive Plan be amended to read as follows: * * * * * Potable Water and Natural Ground Water Aquifer Recharge Needs • Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately forty percent (40%) of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (“SWFWMD”) to pump an annual average of 14.3 million gallons daily (“MGD”) from its forty-four active wellheads. According to the City’s 2021 Annual Water Report, the 2021 actual average water production from the City’s wells was approximately 6.872 MGD In 2011, the actual average pumpage from the City's wells was approximately 7.56 MGD (average through September 2015). The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the City's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004), as updated in 2008 and 2012, included projects based upon cost benefit analysis that enabled the City to increase its local production of potable water to 7.5 MGD in 2015. * * * * * • The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. According to the 2022-2032 Facilities Work Plan, the The current water consumption rate is approximately sixty-two (62)seventy-six (76) gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. * * * * * Section 2. That Objective D.5.2, Policy D.5.2.7, and Policy D.5.2.8 of the Comprehensive Plan , be amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (May, 2017) is 45,168 customer accounts (potable, reclaimed and fire). 3 Ordinance No. 9637-23 Policies * * * * * D.5.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan, updated in 2012, and its 10-Year Water Supply Facilities Work Plan (2022-20322016-2026 Planning Period) shall serve as guiding documents for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems, as well as manmade systems, by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan, updated in 2012 and its 10-Year Water Supply Facilities Work Plan (2022- 20322016-2026 Planning Period) outline a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan, adopted in November 20202015. * * * * * Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. 4 Ordinance No. 9637-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: AGENDA ITEM: CASE: ORDINANCE NO.: REQUEST: INITIATED BY: December 20, 2022 G.1. CPA2022-10001 9637-23 Review and recommendation to the City Council of an amendment to the Clearwater Comprehensive Plan to address the city’s Potable Water Supply Facilities Work Plan (2022-2032 Planning Period). City of Clearwater, Planning and Development Department BACKGROUND: Florida’s Community Planning Act (Chapter 163, Florida Statutes (F.S.)) and Water Resources Act (Chapter 373, F.S.) establish a process for water supply planning to ensure adequate water supplies in the future. The state’s water management districts must periodically evaluate whether adequate water supplies exist to meet the needs of their areas. Water management districts must prepare regional water supply plans identifying alternative ways in which water supply needs can be met for the next 20 years. The Southwest Florida Water Management District (SWFWMD), the city’s regional district, approved its updated Regional Water Supply Plan on November 17, 2020, which includes projected water demands for the region and potential sources of water to meet these demands from 2015 to 2040. Section 163.3177, F.S., requires local governments to update their comprehensive plans, including their 10-year Water Supply Facilities Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The consulting firm of McKim & Creed, Inc. was retained by the city to complete the city’s 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period), which was last updated in 2016. This amendment updates the Utilities Element by modifying policies related to the Potable Water and Natural Ground Water Aquifer Recharge Needs subsection to include updated information based on the 2022 update. Community Development Board – December 20, 2022 CPA2022-10001 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION ANALYSIS: There are no substantial changes proposed within this amendment, which primarily incorporates updated data from the updated 10-year Water Supply Facilities Work Plan. The city’s efforts implementing various conservation and consumption measures has led to a reduced water consumption rate of 62 gallons/person/day, down from 76 gallons/person/day in 2016. The proposed amendments to the Comprehensive Plan involve updates to the following sections of the Utilities Element: 1. Introduction to the Utilities Element, Potable Water and Ground Water Aquifer Recharge Needs subsection, to include updated data and references; and 2. Objective D.5.2 and its policies to include updated data and references. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with the following goals, objectives and policy in the Plan: Objective D.5.6 Continue to achieve effective coordination with other government agencies to solve problems of an extraterritorial nature with cooperation and in conjunction with the Southwest Florida Water Management District (SWFWMD). Policy D.5.6.6 The City will maintain a Water Supply Facilities Work Plan that is consistent with the Southwest Florida Water Management District’s Water Supply Plan by updating the Work Plan within 18 months of an update to the District’s Regional Supply Plan that affects the City. The proposed amendments, related to water supply planning, address the statutory requirement that the city update its Water Supply Facilities Work Plan once SWFWMD has updated its Water Supply Plan, and are consistent with the goals, objectives, and policies within the Comprehensive Plan. Community Development Board – December 20, 2022 CPA2022-10001 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives, and policies. The proposed amendment updates several existing policies to reflect current data and/or references. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. 4. Sufficient public facilities are available to serve the property. This is not applicable to the proposed amendments as the proposed policy changes do not relate to a specific property or properties; therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. 5. The amendment will not adversely affect the natural environment. The proposed amendments include updates to data and references for other related plans. The policies contained within the Utilities Element provide consistent and coordinated efforts for the processes and procedures for water management within the area governed by SWFWMD. 6. The amendment will not adversely impact the use of property in the immediate area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Utilities Element of the Clearwater Comprehensive Plan to include updated information based on the updated 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period), and ensures consistency with the regional water supply plan as required in Section 163.3177, F.S. The proposed amendment is consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of the property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Community Development Board – December 20, 2022 CPA2022-10001 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9637-23 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9637-23 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period) Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0382 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.13 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Adopt Ordinance 9662-23 on second reading, amending the Zoning Atlas of the city by rezoning a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Low Medium Density Residential (LMDR) to Commercial (C). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0386 Agenda Date: 4/4/2023 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.14 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Adopt Ordinance 9666-23 on second reading, amending the future land use element of the Comprehensive Plan to change the land use designation for a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Residential Urban (RU) to Commercial General (CG). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0221 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Approve purchase contract between the City of Clearwater and Habitat for Humanity of Pinellas County, Inc./Clearwater Neighborhood Housing Services, Inc. for real property located at 1454 South Martin Luther King Jr. Avenue and authorize appropriate officials to execute same. SUMMARY: The City of Clearwater posted RFP/Q #43-22 as an opportunity for a developer to acquire and develop city-owned property located at 1454 South Martin Luther King Jr. Avenue for use as affordable and workforce housing (Pinellas County Property I.D. #22-29-15-00000-320-1300). On December 1, 2022, Council authorized staff to negotiate a contract for the sale of real property to Habitat for Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing Services, Inc., together, as the selected Developer of the real property located at 1454 South Martin Luther King Jr. Avenue. Per the contract, the development shall be consistent with Buyer’s response to City of Clearwater RFP/Q 43-22. The Buyer shall construct 24 units of mixed-income, owner-occupied townhomes with 50% of the units reserved for households with total household income up to 80% of the Area Median Income (AMI) as determined by the United States Department of Housing and Urban Development, and the remaining 50% will be reserved for household with total household income up to 120% of AMI. If the Buyer determines that there are site challenges that restrict the number of units to under 24, the city may approve the reduction in units if the city determines that a reduction in the number of units is a reasonable request. Otherwise, the City may terminate contract. The Buyers response to RFP 43-22 identified a $1,240,170 cash gap in addition to the requested donation of the property, therefore Exhibit B of the contract specifies the City agrees to commit to the donation of the parcel, valued at $525,000 and a contribution of an additional $357,585 for a total direct subsidy of $882,585 (half of the total direct subsidy identified as required in the response). The Buyer will seek funding from Pinellas County for the remaining gap (presumably $882,585). The City will provide an additional subsidy of approximately $432,000 (approximately $18,000 per unit) for Solar Panels to be included for each unit. Subject to the availability of funds, the City also agrees to provide down payment assistance loans to purchasers with household incomes under 120% AMI and above 80% AMI for 12 units in accordance with the city’s Down Payment Assistance Program. The Buyer agrees to provide 0% mortgages for the households that qualify for the units reserved for 80% AMI and under. Additional requirements provided by Exhibit B established terms and conditions that Buyer must meet prior to and after closing. Per the exhibit, all pre-development activities must be completed prior to closing including, but not limited to, funding commitments, site approval and building permits. The Buyer has agreed to construct each unit with electric vehicle charging capabilities and the aforementioned rooftop solar panels. Page 1 City of Clearwater Printed on 4/3/2023 File Number: ID#23-0221 To ensure the long term success of the project, the Buyer has agreed to have one member from either of the organizations serve on the Homeowners Association (HOA) managing board for the term of the required affordability period, to contract with a third-party HOA management company to manage HOA operations and financials, to contribute $1,000 per unit to the HOA reserve account, and to coordinate with Lender(s) to require HOA fees be included in the monthly mortgage escrow payment. APPROPRIATION CODE AND AMOUNT: Funding is to be provided by State Housing Initiatives Partnership (SHIP) Program and/or General Fund revenues allocated to affordable housing (special program G2212, ARPA Affordable Housing) made possible due to ARPA revenue recovery used partially to fund Police salaries and wages in fiscal 2022. No additional General Fund revenues will be appropriated. Page 2 City of Clearwater Printed on 4/3/2023 1 CONTRACT FOR SALE OF CITY-OWNED VACANT LAND BY THE CITY OF CLEARWATER, FLORIDA PARTIES: THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-3683 (herein "Seller" or “City”), and Habitat for Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing Services, Inc. (together herein "Buyer" or “Developer”), whose mailing addresses are 13355 49th St N STE B, Clearwater, FL 33762 & 608 N Garden Ave, Clearwater, FL 33755, (collectively "Parties") hereby agree that the Seller shall sell, and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION Tax Parcel ID No: 22-29-15-00000-320-1300 and more particularly described in Exhibit “A” (attached hereto and incorporated herein). PERSONALTY: NONE 2. PURCHASE PRICE ....................................………………………..……….… $0.00 Full Purchase Price of zero dollars exactly. The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. The Buyer has requested that the Seller donate the property for the purpose of developing affordable housing. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller which resulted in a $525,000 valuation with a valuation date of July 27, 2022. 3. MANNER OF PAYMENT: N/A 4. PURPOSE a. The Buyer shall construct 24 units of mixed-income, owner occupied townhomes with 50% of the units reserved for household with total household income up to 80% of the Area Median Income as determined by the United States Department of Housing and Urban Development, (AMI), and the remaining 50% will be reserved for household with total household income up to 120% of AMI. If the Buyer determines that there are site challenges that restrict the number of units to under 24, the city may approve the reduction in units if the city determines that a reduction in the number of units is a reasonable request. Otherwise, the City may terminate contract; and b. The Parties agree to abide by all terms and conditions contained in Exhibit B. 5. TIME FOR ACCEPTANCE; APPROVALS After Buyer’s delivery to the City Manager of an executed copy of this Contract, the Seller shall have 45 days for acceptance, counteroffer, or rejection by action of the Clearwater City Council ("Council"). If this Contract is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer as soon as possible. If a counteroffer is approved by the Council, it shall Page 2 of 7 be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counteroffer. If written notice of acceptance is not timely delivered, or if the counteroffer is rejected by Buyer, this Contract shall thereafter be null and void in all respects. If this Contract is rejected by the Council, it shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE; TITLE EVIDENCE Seller warrants legal capacity to and shall convey title to the Property by Quit-Claim Deed, subject only to matters noted in the title insurance commitment as accepted by the Buyer. Title shall be subject to property taxes for the year of closing; covenants, restrictions, public utility easements of record, and other easements as may be contemplated by this Contract. At Buyer’s expense and within 20 days prior to the Closing Date, Buyer may secure a title insurance commitment issued by: __________________________ __________________________ __________________________ __________________________ If the above is left blank, the Title company shall be Somer’s Title Company, 1290 Court Street, Clearwater, FL 33756. The title insurance commitment shall agree to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Further, the title insurance commitment shall cover adverse matters pursuant to Section 627.7841, F.S., as amended. Buyer shall have 10 days from receiving evidence of title to examine it (“Title Examination Period”). If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). Seller will have 120 days from receipt of notice to remove the defect(s). Afterwards, Buyer shall have the option of either accepting the title as it is or withdrawing from this Contract. Seller will make diligent efforts to correct defect(s) in title within the time provided. If Buyer fails to notify Seller of any title defect pursuant to this provision, the Buyer waives any claim and accepts the title as it is. 7. SURVEY Buyer may, at Buyer's sole expense, have the Property surveyed and certified to the Buyer by a Florida land surveyor who is registered to engage in the practice of surveying and mapping under Fla. Stat. ss. 472.001-472.037. If the survey shows any encroachment on the Property, or that improvements located on the Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulations, the same shall constitute a title defect, which may be remedied as described above. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 8. CLOSING PLACE AND DATE Seller shall designate a closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 365 days of the effective date unless Page 3 of 7 extended by other provisions of this Contract including but not limited to time allotted for the removal of title defects as provided above. If either party is unable to comply with any provision of this Contract within the time allowed, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other Party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this Contract. 9. CLOSING DOCUMENTS Closing Agent, on behalf of Seller, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions or applicable documents authorizing the sale and delivery of the deed and certifying the resolution or documents and setting forth facts showing the conveyance conforms to the requirements of local law. 10. CLOSING EXPENSES Pursuant to Florida Statutes Section 201.24, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by the Buyer. Seller shall pay the costs of recording any corrective instruments if required to convey marketable title. 11. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. PROPERTY CONDITION; “AS IS” NO WARRANTIES Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted. Seller makes no warranties that the Property is suitable for any use or purpose, and expressly disclaims all warranties except as otherwise required by this Contract. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. “As Is” With Right of Inspection: Buyer may, at Buyer expense within 365 days following the Buyer’s Execution of this Contract ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that any intrusive sampling of soils and groundwater on the Property shall be conducted only (i) during regular business hours, (ii) with no less than two (2) business days prior written notice to Seller, which notice shall include the proposed scope of work for any such intrusive sampling, and (iii) in a manner which will not unduly interfere with Seller’s current use of the Property. Prior to entering the Property or performing any intrusive soil or groundwater sampling on the Property, Purchaser shall deliver to Seller a certificate of insurance naming the City of Clearwater as an additional insured, and evidencing that Buyer’s consultant Page 4 of 7 has in place and shall maintain during the pendency of work on the Property commercial general liability insurance with limits of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury or death and property damage insurance including coverage for contractual liability covering any accident arising in connection with the presence of Purchaser’s consultant, or its subcontractors, agents and representatives on the Property, which shall name Seller as additional insureds and is written by a reputable insurance company having a rating of at least “A+:VII” by Best’s Rating Guide (or a comparable rating by a successor rating service). Any damage to the Property caused by Buyer or. its consultants in conducting any such environmental assessment, investigation or review shall be repaired by Purchaser at its sole cost and expense. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Seller’s selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. b. Buyer’s Agreement to Indemnify: Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys’ fees) caused by Buyer’s inspections or tests permitted under this Agreement. Buyer’s obligations under this Section shall survive the termination of this Agreement and shall survive the Closing. . 14. WALK-THROUGH INSPECTION At a time mutually agreeable between the Parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations. This provision does not alter the Seller’s obligations regarding property conditions as stated above. 15. SELLER HELD HARMLESS Buyer agrees to indemnify and hold harmless the Seller from any and all claims of injury to persons or property that may occur during any inspections or investigations performed by the Buyer any time prior to closing. The Parties acknowledge that the City of Clearwater is entitled to sovereign immunity pursuant to F.S. § 768.28, and nothing in this Contract shall be construed as a waiver to any associated immunity or defense as contemplated by law or equity. 16. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", or canceling this Contract. Buyer shall have 30 days to notify the Seller of said decision. Seller shall have no obligation to repair or rebuild. Page 5 of 7 17. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this Contract upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this Contract upon giving notice to the Buyer. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 18. ASSIGNABILITY The Buyer may not assign this contract without the expressed written consent of the Seller. The Seller understands that the Buyer may create a single-asset LLC with the same principal owners as Habitat for Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing Services, Inc. Seller’s approval of Buyer’s request for assignment to such an LLC shall not be unreasonably withheld. 19. NOTICE All required notices under this Contract shall be provided to the following: Seller: Buyer: City of Clearwater Habitat for Humanity of Pinellas County, INC c/o: Robert Kasmer 13355 49th St N STE B, Municipal Services Building, Suite #220 Clearwater, FL 33762 100 S. Myrtle Ave. Clearwater, FL 33756-5520 msutton@habitatpwp.org Robert.kasmer@myclearwater.com And Cc: Clearwater Neighborhood Housing Services, Inc. City Attorney’s Office One Clearwater Tower 608 N Garden Ave, 600 Cleveland St 6th Line, Clearwater, FL 33755 Clearwater, FL 33756 fcornier@tbnhs.com Jerrod.Simpson@myclearwater.com 20. ATTORNEY FEES; COSTS In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 21. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker. Page 6 of 7 22. SEVERABILITY; GOVERNING LAW; VENUE If any provision of this Contract is rendered illegal, unenforceable, or invalid by any means, it shall not affect the enforceability or validity of any other provisions of this Contract. It is agreed by and between the Parties that this Contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida with the proper venue being designated as the Sixth Judicial Circuit Court in Pinellas County, FL. 23. COUNTERPARTS; FACSIMILE COPY This Contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 24. ENTIRE AGREEMENT This Contract shall constitute the entire agreement between the parties, and supersedes any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. This Contract may only be amended in writing, signed by a representative of the Parties with the appropriate authority. 25. ADDITONAL TERMS ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Page 7 of 7 EXECUTED this _____ day of ________________________, 2023 by Buyer. Attest: Buyer’s Representative ______________________________ ___________________________ Witness Signature Buyer’s Signature ______________________________ ___________________________ Print Name Print Name ___________________________ ______________________________ Title Witness Signature ______________________________ Print Name APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2023. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Jennifer Poirrier Mayor Interim City Manager Approved as to form: Attest: ___________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA Exhibit B 1. General Terms: a. The development shall be consistent with Buyer’s response to City of Clearwater Request for Proposals Number 43-22; and b. All pre-development activities must be completed prior to closing, including but not limited to site approval and building permits; and c. Approval of all Funding Commitments are required prior to closing; and d. The Buyer agrees to provide 0% interest mortgages for 12 units to purchasers with a total household income at or below 80% AMI; and e. Subject to availability of funds and client eligibility, the City may provide down payment assistance (DPA) to purchasers with household incomes at or below 120% AMI and above 80% AMI; and f. The Buyer agrees to include the following environmental building requirements. i. Each unit shall include electric vehicle charging capability by means of a dedicated 120V, 20-amp circuit; and ii. Each unit will include rooftop solar panels. The City will provide grant funding for the feasibility, design and installation of solar panels not to exceed 5kw in capacity. Any dollar allocation is subject to City approval, in the exercise of reasonable discretion; and g. The Buyer shall be entitled to a developer fee equal to 12% of the overall development costs; and h. The Buyer agrees to establish a Homeowners Association (HOA) under the following terms and condition: i. One representative from Buyer will serve on the HOA managing board for the term of the required affordability period set forth in Paragraph 1(k) below; and ii. Buyer agrees to contract with a third-party HOA management company to manage the HOA’s operations and financials; and iii. Buyer agrees to contribute $1,000 per unit to the HOA reserve account due upon sale of each individual unit; and iv. Buyer will coordinate with Lender(s) to ensure that HOA fees are included in the monthly mortgage escrow payment; and i. The Buyer shall commence construction of Phase 1 (12 units) within one (1) year of the closing of Seller’s transfer of the property to Buyer and shall commence construction of Phase 2 within two (2) years of closing. The Buyer shall complete the sale of all units to qualifying homeowners before December 2026. Should unforeseen circumstances cause development delays, the city may adjust individual deadlines at its sole discretion, but the sale of all units to qualifying homeowners shall occur no later than December 31, 2026; and j. If Buyer fails to comply with its obligations set forth in Exhibit B, the City may request that the Buyer reconvey the non-compliant Property, or a non- compliant portion thereof, to the City. Upon such request, the Buyer shall reconvey the Property, or the non-compliant portion of the property to the City by special warranty deed. This provision shall survive closing, shall not merge into the deed(s), and may be enforced by specific performance; and k. Prior to obtaining a building permit, Buyer shall deliver to Seller a restrictive covenant, duly executed by the owner of the parcel(s), in a form approved by the city attorney, that shall address income restrictions, homebuyer qualifications, long-term affordability, and any other applicable restrictions and qualifications pertaining to the development and the reserved affordable housing units. The covenant shall be recorded in the Public Records of Pinellas County, Florida. This covenant shall run with the land and shall be binding on the assigns, heirs and successors of the Buyer. Reserved affordable housing units that are provided under this section shall remain as affordable housing in accordance with Paragraph 4(a) of the Agreement for a minimum of 20 years from the date of initial owner occupancy. 2. Financial Assistance Terms: a. The Buyers response to RFP-43-22 identified a $1,240,170 cash gap in addition to the requested donation of the property, therefore the Seller agrees to commit to the donation of the parcel, valued at $525,000 and a contribution of an additional $357,585 for a total direct subsidy of $882,585 (half of the total direct subsidy identified as required in the response). The Buyer will seek funding from Pinellas County for the remaining gap (presumably $882,585); and b. The Seller contribution referenced in Exhibit B, section 2, subsection “a” does not include the City’s addition contributions in the form of solar panel grant allowance or the funds intended to be used for the DPA loans; and c. The Seller will provide an additional subsidy of approximately $432,000 (approximately $18,000 per unit) for Solar Panels to be included for each unit. Subject to the availability of funds, the Seller also agrees to provide down payment assistance loans to purchasers with household incomes under 120% AMI and above 80% AMI for 12 units in accordance with the city’s Down Payment Assistance Program. d. Buyer shall comply with funding program requirements for its use of all government subsidies. Failure to comply may result in a requirement for Buyer to return funds. RFN/Q #43-22 Development of 1456 S Martin Luther King Avenue Table of Contents Tab 1 - Narrative & Vision Statement Tab 2 - Developer Experience and Qualifications Tab 3 - Legal & Financial Feasibility Tab 4 - Development Concept Tab 5 - Proposed Timeline Tab 6 - Other Forms Tab 7 - Attachments Habitat for Humanity of Pinellas and West Pasco Counties (Habitat) and Tampa Bay Neighborhood Home Services (TBNHS), formerly known as Clearwater Neighborhood Housing Services, propose to jointly develop the parcel located at 1454 S Martin Luther King Jr. Avenue into twenty-four (24) townhome units exclusive for homeownership. The development will be named Lake Belleview Townhomes. 50% of the units (12 units) will be reserved for income-qualified homeowners making less than 80% of the area median income, with the other 50% of units (12 units) reserved for income-qualified homeowners for incomes up to 120% of the area median income. This development creates an opportunity for Habitat and TBNHS to collaborate on a shared interest in providing affordable housing options for residents with a mix of income ranges. Lake Belleview Townhomes would provide a choice in housing options for first-time homebuyers who may not be able to afford single-family homes but want to live in a safe, stable community that offers an opportunity for homeownership. The conceptual unit designs within the site plan will be two-story townhomes with a bottom floor garage and a secondary parking pad to minimize on- street parking. Townhomes will consist of 1,800 square feet under roof and 1,460 square feet of conditioned space. Each unit will be three bedrooms with 2 and a half bathrooms, and a laundry/storage room, subject to final design approval. Building elevations will include sufficient architectural elements to create visual interest and break up building massing. Proposed treatments include elements such as covered porches, various façade materials, compatible color variations, decorative columns/trim, and a rear patio. The development will also incorporate Florida- friendly landscaping that requires less irrigation. Lastly, a homeowner’s association will maintain the common exterior areas and ensure the development is well maintained. This development will assist in meeting the Lake Bellevue Neighborhood Revitalization Strategy Area (NRSA) Consolidated Plan 2020/2021 -2024/2025 housing related goals by providing twenty-four affordable, owner-occupied units of housing. The Lake Bellevue NRSA is predominately residential and while most of the residential development is single-family, there are many multifamily structures. Yet, the majority of such units are renter-occupied. A priority need identified within this targeted area is specifically additional affordable housing units, with the private sector's lack of investment as a barrier to growth. This development will address both of those concerns, while achieving the City’s established performance measurements to “construct 15 housing units for rental and support homebuyer activities”. TAB 1 Narrative and Vision Statement The proposed development is consistent with the City’s overarching Comprehensive Plan - Housing Element goal, which calls for a “affordable variety of standard housing units in decent and safe neighborhoods to meet the needs of the current and future residents, regardless of race, nationality, age marital status, handicap or religion.” It also meets various objectives within the Housing Element of the Comprehensive Plan, which include; C.1.1 – Adequate housing, C.1.2- Affordable Housing, C.1.4 – Adequate Sites for Very Low, Low and Moderate Income Households, C.1.9 – The City if Clearwater shall be proactive in incentivizing the construction of affordable housing and C.1.10 - Recognizing that sustainable building techniques contribute to keeping housing units affordable over the long term by reducing energy consumption, lowering utility bills and decreasing maintenance costs, the City of Clearwater will promote the use of green housing construction and renovation and rehabilitation techniques. In summary, the proposed development creates a shared interest partnership with Habitat and TBNHS, aligning both organization's strengths to meet all objectives of the RFP and best serve the community. Additionally, the proposal is responsive to the unmet needs of the Lake Bellevue NRSA, aligns with the Consolidated Plan goals, is consistent with local zoning and land use and meets the goals and objectives of the Housing Element of the City’s Comprehensive plan. TAB 1 Narrative and Vision Statement 1. Developer information Habitat for Humanity of Pinellas County Inc D/B/A: Habitat for Humanity of Pinellas & West Pasco Counties 13355 49th Street North, Suite B Clearwater, FL 33762 727-536-4755 Msutton@habitatpwp.org Mike Sutton – President & CEO Clearwater Neighborhood Housing Services, Inc. D/B/A: Tampa Bay Neighborhood Housing Services 608 N Garden Avenue Clearwater, FL 33755 727-442-4155 fcornier@tbnhs.org Frank Cornier, President & CEO 2. Project team Role Organization / Company Name President & CEO Habitat for Humanity of Pinellas & West Pasco Counties Mike Sutton President & CEO Tampa Bay Neighborhood Housing Services Frank Cornier Civil Engineer (Principal) High Point Engineering Braulio Grajales Architect (Principal) Keener Architecture John Keener Legal Counsel Tampa Bay Neighborhood Housing Services - Corporate Attorney Anthony P. Granese General Contractor Gulf Contracting Anthony Rembert TAB 2 Developer Experienceand Qualifications 3. Experience/Qualifications a. List of prior development experience including a short summary of relevant project(s), to include a listing of total projects/units developed within the last five (5) years TBNHS Over the past four decades, Tampa Bay Neighborhood Housing Services has administered income- restricted programs and services to the Clearwater and Pinellas County communities. TBNHS directly manages various housing programs funded by the City of Clearwater, Pinellas County and other local municipalities. Programs include; processing applications for down-payment assistance, owner-occupied rehabilitation programs, new construction for sale to low-to-moderate income homebuyers, and acquisition/rehab/resale to low-to-moderate income homebuyers. All of the programs mentioned above and services require beneficiaries to be income qualified, thus, TBNHS’ staff is trained and experienced in administering all of these programs as well as monitoring compliance with income qualifications. TBNHS has substantial experience developing over 250 new in-fill single-family homes as well as rehabilitating over 900 single-family homes, specifically within the City of Clearwater and Pinellas County. As for multifamily developments, TBNHS CEO Frank Cornier’s experience in multifamily development includes significant managerial roles in the construction and management of such developments and are listed below. List of multifamily projects within the past 5 years: • Preserve at Sabal Park – New construction of 144 family units in Seffner, FL • Sabal Place – New construction of 112 family units for formerly homeless in Seffner, FL • Cypress Village – New construction of 95 disabled and family units in Fort Myers, FL • Sandpiper Place – New construction of 92 family units in Bradenton, FL • Swan Lake Village - New construction of 84 disabled and family units in Lakeland, FL • Blue Sky Landing – Predevelopment and permitting management of new construction of 92 family units in Fort Pierce, FL • Fairlawn Village – Predevelopment management of new construction of 116 family and permanent supportive units in Orlando, FL • Jacaranda Place - Predevelopment management of new construction of 88 disabled and family units in Port Charlotte, FL All the projects above met the National Green Building Standards (NGBS) Silver, Bronze or Gold level. Additionally, solar panels were used on one project. TAB 2 Developer Experienceand Qualifications 1756 Dr. Martin Luther King Ave -Largo: 54 townhome units currently in the development review process 2100 18th Ave South – St. Petersburg: 44 townhome units in predevelopment 1801 18th Ave South – St. Petersburg: 12 townhome units in predevelopment Tellor Estates – Pinellas Park : 51-unit single-family home subdivision (completed) Habitat Habitat has vast experience in developing, constructing, and selling fee-simple affordable housing over our 37-year history in the community, having just completed our 760th home. Our current development team has contributed to most of our growth and success over the last several years. Our CEO Mike Sutton has led our organization to this immense growth in serving more families, building over 400 homes since taking over the helm. He leads our development team with more than 100 years of experience within the construction, development and financial services sectors. This last fiscal year, Habitat completed 67 single-family fee-simple homes sold to qualified low to moderate-income buyers. This fiscal year we are on track to complete 80 homes and have a 3-year strategic plan to complete a total of 210 homes. Nationally, we rank as the 2nd largest Habitat affiliate by new home construction and locally, according to the Tampa Bay Business Journal, we are the 14th largest homebuilder in the Tampa Bay region. List of multifamily projects within the past 5 years: b. Demonstrated experience with implementing sustainable building design standards, including sustainably sourced materials, energy efficiency measures, and/or renewable energy systems Habitat is proud to report we earned a 2022 ENERGY STAR® Market Leader Award from the U.S. Environmental Protection Agency (EPA) in recognition of our contribution to building energy-efficient new homes that have earned ENERGY STAR certification. Energy Star-certified homes are at least 10% more energy efficient than those built to code and achieve a 20% improvement on average while providing homeowners with better quality, performance, and comfort. The Market Leader Award recognizes partners participating in EPA’s ENERGY STAR Residential New Construction program who have significantly impacted energy-efficient construction and environmental protection. Every unit constructed will be EnergyStar certified. This includes; insulated fiberglass exterior doors, Low-E double panel windows throughout, HVAC system with programmable thermostat and fresh air intake damper, Mastic sealed ductwork, R-30 fiberglass insulation over living spaces, R-11 frame wall insulation, R-4.1 insulation on concrete exterior walls, and Microwave vented to the outside. Homes also come equipped with hurricane impact resistant windows and hurricane-rated garage doors as well as roof trusses hurricane strapped. All homes finished floor elevations are built above the local based flood elevation to mitigated flood issues, Lastly, finishes include; hardwood cabinets, carpet/tile/vinyl flooring, whirlpool appliances and be rewiring for both cable and phone. TAB 2 Developer Experienceand Qualifications c. Demonstrated experience with income qualification, monitoring, assistance and other activities associated with adhering to regulations of affordable housing Our organizations have over eighty (80) years of combined experience in monitoring compliance, determining income qualification and other activities associated with adhering to affordable housing regulations. In addition, both organizations utilize a multitude of local, state and federal funding that mandate monitoring compliance and set forth various regulatory measures that must be adhered to. Collectively, both organizations have vast experience with Community Development Block Grant (CDBG), HOME Investment Partnership Program, Self-Help Homeownership Opportunity Program (SHOP), Neighborhood Stabilization Program (NSP), State Housing Initiatives Partnership Program (SHIP) and local Tax Increment Financing (TIF) funding sources. The above- referenced sources of funding have income qualification requirements and often ongoing compliance. These sources fund programs such as: down-payment assistance, owner-occupied rehabilitation programs, new construction for sale to low-to-moderate income homebuyers, construction financing loans and property acquisition/rehab/resale to low-to-moderate income homebuyers, all of which our organizations collectively utilize to serve the community. Habitat is subject to an annual financial audit for major federal programs and major state financial assistance projects and has never been found in noncompliance by independent third party auditors. TBNHS is also subject to annual financial audits with its most recent audit completed in August and no findings reported. TAB 2 Developer Experienceand Qualifications 1. Financial institution reference contact(s)’ names and contact information. Co-developers will provide upon successful negotiation of financial term sheet 2. Preliminary financial plan to include: a. Construction budget detailing total project cost and proposed source(s) of funding Per the attached proforma, we seek a land grant with a total development cost of $9,040,170 or $376,673.72 a unit and an average blended sales price of $325,000 a unit. Given these unit economics, there is a $1,240,170 total development funding gap, which equals to $51,674.73 per unit, thus, this project necessitates subsidies to make the development financially feasible. Habitat believes we bring a competitive advantage within the marketplace with our ability to sell homes with 0% interest mortgages. Eliminating the interest component of the mortgage means homeowners can increase their purchasing power affording a higher purchase price while still remaining in their monthly payment affordability. In comparison, TBNHS has deep roots within the City of Clearwater and is an expert at leveraging down payment assistance programs to help individuals achieve homeownership. As co-developers, we would seek to work with the City of Clearwater to braid various funding sources available within the City, as well as utilize Penny for Pinellas (Penny IV) funding to eliminate this funding gap and ensure the project's financial feasibility. We are confident if selected by the City to develop this parcel, we will put forth a competitive application to Pinellas County for funding consideration. The Board of County Commissioners adopted resolution 19-6 in February of 2019 that provides preference to developments in which units will benefit households making 80% of the AMI or less. Additionally, this development meets several top-tier Penny for Pinellas scoring criteria, including; per unit subsidy, local government assistance (local contribution and regulatory relief), county funds to affordable units ratio, development location (in the NRSA), and low-income homeownership. To date, we are unaware of an affordable homeownership development funded by Penny IV, which again would put this project in a unique competitive landscape for funding. That being said, if Penny IV funding cannot be secured, we will need to seek additional subsidy from the City and/or other funding sources. However, we believe a $51,000 per unit subsidy to serve the below 80% AMI and workforce population through homeownership is extremely reasonable given the current market conditions and may be suitable for the City to fully fund to serve as a catalytic development for the community. TAB 3 Legal & Financial Feasibility: Developer and Project TAB 3 Legal & Financial Feasibility: Developer and Project b. Demonstration of developer’s financial capacity to develop the Site As for development financing, Habitat and TBNHS management teams have proven business and affordable housing development experience. Both organizations maintain relationships with local construction financing lenders and do not anticipate any issues with underwriting should the proposal move forward. As an organization, Habitat has working capital to help support the project underwriting finance requirements and a strong balance sheet to attract favorable terms. Before seeking traditional construction financing, we would seek to reduce financing costs by leveraging the various forms of public multifamily low-interest construction financing available for affordable housing developments within the community. If selected to develop this parcel, the co-developers will begin working immediately to secure favorable financing term sheets and would support conditioning such financing within the development terms sheet negotiated with the City. c. Projected sale price of units and anticipated sale schedule Both our organizations have provided affordable homeownership opportunities in the community for decades. There is significant awareness of our services within the public through extensive community involvement. Historically, both organizations have successfully recruited homebuyers from the local areas we built in. This is typically accomplished through a coordinated marketing and outreach effort within the focus community. While unique to each community, marketing efforts may include ad placements in hyper-local publications, location-targeted social media advertising, direct mail campaigns, and unearned media attention highlighting new initiatives. In synchronization, our community outreach efforts may include recruitment events at local community centers, engaging local businesses who serve the area or employ residents, word-of-mouth referrals, door knocking, attending community events, and leveraging stakeholders to spread the messaging. Although not a requirement, our preference, as stated above, is to recruit local homeowners from the areas we serve. We intend to partner with community partners, such as first-time homebuyers’ programs, local community led organizations and potentially the City to hold homeownership information events for residents. Specifically, Habitat’s program also operates differently than the traditional developers who spec build homes. Habitat actively recruits homeowners throughout the year and maintains a pipeline of 100+ qualified candidates at any given time. These qualified homeowners are then matched to vacant properties based on location and need, with the homes being built to family size. Given this model, we would expect the lots provided to be matched with a qualified candidate before a building permit is pulled. As stated above the anticipated average blended sales price for the development is $325,000 a unit. Per the project schedule (see project schedule) program/sales marketing will begin within a month of successful property acquisition. The sales and marketing period will last approximately twenty-six (26) months. We do not anticipate any issues with demand as the local region's lack of affordable and workforce housing options is extremely restricted. TAB 3 Legal & Financial Feasibility: Developer and Project 3. A description or table of the various residential units, including size, number of bedrooms/bathrooms, and any proposed amenities The conceptual unit designs within the site plan will be two-story townhomes with a bottom floor garage and a secondary parking pad to minimize on-street parking. Townhomes will consist of 1,800 square feet under roof and 1,460 square feet of conditioned space. Each unit will be three bedrooms with 2 and a half bathrooms, and a laundry/storage room, subject to final design approval. Building elevations will include sufficient architectural elements to create visual interest and break up building massing. Proposed treatments include elements such as covered porches, various façade materials, compatible color variations, decorative columns/trim, and a rear patio. The development will also incorporate Florida-friendly landscaping that requires less irrigation. Lastly, a homeowner’s association will maintain the common exterior areas and ensure the development is well maintained. Floor plans and front elevations are attached. TAB 3 Legal & Financial Feasibility: Developer and Project BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-412"x7'-11" A/C GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-412"x7'-11" GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-412"x7'-11" GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-412"x7'-11" GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-412"x7'-11" GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-412"x7'-11" PATIO 9'-0"x6'-0" PATIO 9'-0"x6'-0" PATIO 9'-0"x6'-0" PATIO 9'-0"x6'-0" PATIO 9'-0"x6'-0" PATIO 9'-0"x6'-0" A/C A/C A/C A/C A/C GARAGE 11'-4"x19'-4" KITCHEN 8'-912"x12'-0" LIVING 11'-6"x18'-11" UP PDR. 3'-41 2"x7'-11" PATIO 9'-0"x6'-0"A/C BEDROOM 11'-1"x14'-1012" BEDROOM 9'-234"x9'-812" BEDROOM 9'-234"x9'-812" CLOSET 7'-412"x5'-312" BATH 8'-512"x5'-4" BATH 8'-512"x5'-4"DN CLO. 5'-4"x2'-0" CLO. 5'-4"x2'-0" W D A-101 SHEET TITLE THIS DRAWING AND ALL GRAPHIC AND WRITTEN MATERIAL CONTAINED HEREIN CONSTITUTES ORIGINAL AND UNPUBLISHED WORK AND IS NOT TO BE COPIED, DISTRIBUTED, OR USED IN WHOLE OR IN PART, WITHOUT EXPRESSED, WRITTEN PERMISSION OF KEENER ARCHITECTURE. THIS DRAWING IS PROTECTED UNDER THE "ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990." PROJECT NO DATE ISSUED SEPTEMBER 12, 2022 22-018LAKE BELLEVIEW TOWNHOMES1454 S. DR. MARTIN LUTHER KING JUNIOR AVE.CLEARWATER, FL 33756SCHEMATIC DESIGN KEENER ARCHITECTURE, PLC 600 SOUTH MAGNOLIA AVENUE SUITE 275 TAMPA, FLORIDA 33606 (813) 495-1400 WWW.KEENERARCHITECTURE.COM AR93258 16'8'0'4' 2 2ND FLOOR PLAN 16'8'0'4' 1 1ST FLOOR PLAN 16'8'0'4' A PROPOSED EXTERIOR ELEVATION 16'8'0'4' B 1ST FLOOR- SIX UNIT BUILDING PLAN 16'8'0'4' C 2ND FLOOR- SIX UNIT BUILDING PLAN Present in both narrative and visual form the extent of the development proposal for the Site. Drawings may be “conceptual” in format but should be detailed enough to reflect the scope of the proposed development. Narrative elements to be addressed include: a. Height b. Scale c. Density and Intensity d. Proposed architectural style and material types e. Site and building orientation f. Access points and curb cuts g. Proposed parking h. Highlight of creative and innovative design solutions i. Income mix of units (a minimum of 50% of total units must be reserved for households with total household income not exceeding 80% AMI) The conceptual site plan design (subject to development plan review and approval) consists of a total of twenty-four (24), two-story townhome units. The development will be in harmony, consistent with the scale, bulk, coverage, and character of adjacent properties, and permissible within the current zoning. The site is zoned Medium Density Residential (MDR) with a Future Land Use designation of Residential Medium which allows residential density up to fifteen (15) dwelling units per acre, however the Community Development Code provides for an affordable housing density increase of 20% bringing the total allowable density of the site to twenty-four (24) units. Buildings are 30ft (two story) in height and consist of five separate buildings, which are comprised of two (2) six (6) unit buildings, two (2) five (5) unit buildings and one (1) two (2) unit building. Building footprints range from 4,800 sqft (6 units design) to 1600 sqft (2 unit design) with setbacks meeting the minimum code requirements of 25ft front and 10ft side/rear requirements. The site plan design reflects the character of the surrounding residential neighborhood in density and site intensity, while maintaining a walkable, residential environment. The proximity of buildings has been taken into account when planning their layout in order to maximize greenspace and enhance privacy. The site plan utilizes South Martin Luther King, Jr. Avenue, as the primary entrance with curb cuts and signage identifying the development, while paying careful attention to the relationship between the building(s) and the street. Each unit will have a front-loaded one (1) car garage and an adjoining parking pad, equaling two (2) parking space per unit and forty-eight (48) total parking spaces for the development. Building elevations will include sufficient architectural elements to create visual interest and break up building massing. Each building will have decorative columns and metal roof awnings to create a visually appealing architectural design and add dimension to the front elevation. The outside façade will incorporate contemporary design elements with modern and traditional accents. The current proposed exterior elevations incorporate diverse cladding elements, which includes brick veneer and a stucco finish. Diverse color palates for buildings will be included to avoid creating a monochrome and bland façade. All elevation designs will adhere to local zoning requirements. Each building will be landscaped with Florida-friendly landscaping incorporated throughout the development. Ultimately, building materials will be selected based on their durability, maintenance required and value engineering to mitigate costs. TAB 4 Development Concept: Ability to Meet Redevelopment Objectives To satisfy the requirements of the Request for Proposal and to meet the City’s goal of developing a mixed-income housing development, 12 units (50%) will be reserved for income-qualified homeowners making less than 80% of area median income, and 12 units (50%) will be reserved for income-qualified homeowners making up to 120% of area median income. To accomplish this mixed income development Habitat and TBNHS would partner to co-develop the parcel, leveraging both organizations abilities to serve the diverse income range required. Conceptual Site Plan Attached TAB 4 Development Concept: Ability to Meet Redevelopment Objectives O O O OOOOOLPLPLPPROPOSED 6' BLACKALUMINUM PICKET FENCEPROPOSEDLIFT STATION413333O O O O OOOOOOOOO OOOOOOOOOOOOOOOOOOOOO44LPLP[][][][][][][][][][][][][][][][][][][][][][][][][][][][][][]682555572-STORY TOWNHOUSESFOOTPRINT AREA = 4,800 SF2-STORY TOWNHOUSESFOOTPRINT AREA = 4,800 SF2-STORY TOWNHOUSESFOOTPRINT AREA = 4,000 SF 2-STORY TOWNHOUSESFOOTPRINT AREA = 4,000 SF 2-STORY TOWNHOUSESFOOTPRINT AREA = 1,600 SF3PROPOSED COVEREDPEDESTAL MAILBOXES999999999999999999999999PROPOSEDMONUMENT SIGNSHEET:PROJECT: CONTENT: CLEARWATER, FLORIDA 33756 1454 S. DR. MARTIN LUTHER KING JR. AVENUE CONCEPTUAL SITE LAYOUT LAKE BELLEVIEW TOWNHOMES LAND PLANNING - CIVIL ENGINEERING - GEOTECHNICAL ENGINEERING 5300 W. Cypress Street, Suite 282Tampa, Florida 33607 Tel. (813) 644-8333Fax (813) 644-7000 Certificate of Authorization No. 30275C-2NOTESTHE LAYOUT AND PARKING PLAN SHOWN HEREON IS CONCEPTUAL.THE PROPERTY BOUNDARIES AND DESIGN INFORMATION USED WASPROVIDED BY THE OWNER AND/OR WAS OBTAINED FROM PUBLICLYAVAILABLE DOCUMENTS.THE INTENT OF THIS CONCEPTUAL LAYOUT AND PARKING PLAN IS FORPROJECT FEASIBILITY AND SHALL NOT BE USED FOR LOCAL AGENCYREVIEW.ALL DESIGN INFORMATION IS SUBJECT TO REVIEW AND APPROVAL BYLOCAL GOVERNMENT AGIENCIES HAVING JURISDICTION OVER THEPROJECT SITETHE CONCEPTUAL LAYOUT AND PARKING PLAN SHOWN HEREON MAYNOT REPRESENT THE FINAL SITE LAYOUT AND PARKING PLAN AND CANVARY DUE TO SITE TOPOGRAPHY, LAND USE RESTRICTIONS, ACTUALSOIL AND GROUNDWATER CONDITIONS, ENVIRONMENTAL CONDITIONS,PROPERTY ENCUMBRANCES, ETC.SNEWGRAPHIC SCALE 1"=50'PROJECT No: BGAPPROVED BY: ISSUE DATE: RT BG RT DESIGNED BY: CHECKED BY: DRAWN BY: 09-01-22 REVISIONS DESCRIPTIONDATEBYNo.50025CONCEPTSITE DATA1. PARCEL NUMBER : 22-29-15-00000-320-13002. SECTION / TOWNSHIP / RANGE: 22 / 29 S / 15 E3. SITE ADDRESS: 1454 S. MARTIN LUTHER KING JR. AVENUECLEARWATER, FLORIDA 337564. PROPERTY AREA: 58,500 SF (1.343 AC)5. EXISTING ZONING: MEDIUM DENSITY RESIDENTIAL "MDR"6. FUTURE LAND USE: RESIDENTIAL MEDIUM "RM"7. BUILDING SETBACKS:MIN. CODE REQ.FRONT (EAST)= 25.0 FT25.0 FTSIDE (NORTH)= 10.0 FT5.0 FTSIDE (SOUTH)= 10.0 FT5.0 FTREAR (WEST)= 10.0 FT10.0 FT8. BUILDING HEIGHT: 30.00 FT (2 STORIES)9. SITE AREAS:VEHICULAR USE AREA:15,225 SF(26.0%)BUILDING AREA:19,200 SF(32.8%)SIDEWALK, CURB, DUMPSTER:6,230 SF(10.7%)TOTAL IMPERVIOUS AREA:40,655 SF(69.5%)TOTAL PERVIOUS AREA:17,845 SF(30.5%)POND AREA:2,470 SF(4.2%)INTERIOR LANDSCAPE AREA:3,700 SF(24.3% OF VUA)TOTAL AREA:58,500 SF(100%)10. DENSITY:NUMBER OF DWELLING UNITS = 24SITE ACREAGE FOR DENSITY = 1.343 ACRESMAXIMUM DENSITY = 15 UNITS / ACRE PLUS 20% DENSITY BONUSFOR AFFORDABLE HOUSING = 18 UNITS PER ACREPROPOSED DENSITY = 24 UNITS / 1.343 ACRES = 17.87 UNITS PER ACRE(24 UNITS - 3 BEDROOM & 2-1/2 BATHROOM)11. OWNER: CITY OF CLEARWATER CASH & INVESTMENTS MANAGER P.O. BOX 4748 CLEARWATER, FLORIDA 3375812. STORMWATER MANAGEMENT: W.Q.T. & ATTENUATION13. FLOOD ZONE INFORMATION: ZONE "X" FEMA MAP 12103C0108J(EFFECTIVE DATE - 8/24/2021)14. SOLID WASTE MANAGEMENT: CURBSIDE COLLECTIONREFUSE CART LOCATED INSIDE THE GARAGE15. TOTAL PARKING PROVIDED: 48 SPACESREGULAR = 24 SPACES IN GARAGE, 24 SPACES IN DRIVEWAY16. TOTAL PARKING REQUIRED: 36 SPACES24 UNITS X 1.5 SPACES PER UNIT = 36(PARKING REDUCTION - 1.5 SPACES FOR AFFORDABLE HOUSING)TAG LEGENDDESCRIPTIONITEM124SPEED BUMPS "HEAVY DUTY RUBBER, SAFETYSTRIPED WITH RECESSED BOLTING"PROPOSED COVERED PEDESTAL MAILBOXESPROPOSED MONUMENT SIGN35678PROPOSED LIFT STATIONPROPOSED TRAFFIC SIGNPROPOSED LIGHT POLE & FIXTUREPROPOSED DETENSION PONDPROPOSED 6' BLACK ALUMINUM PICKET FENCE9PROPOSED 6' X 9' PATIO TAB 5 Proposed Timeline for Construction Project TimelineTask NameStart DateEnd DateMonthsProposal Award SEPT 22DEC 224Property Acquisition CompletedJAN 23`MAR 233Survey/Geotech/Enviormental JAN 23MAR 233Funding AwardsFEB 23AUG 237Sit e Pl an & Development Entitl ements FEB 23SEP 238Site WorkSEP 23DEC 234Program MarketingAPR 23MAY 2526Infrastructure ImprovementsOCT 23MAR 246Phase I Construction (12-Units)MAR 24FEB 2512Phase II Construction (12-Units)MAR 25FEB 2612Home Cl osi ngsSEP 24FEB 2618Project CompletedMAR 26MAR 261SOND2022Project Start Date : 12/20/202220232024JFMAMJJASOND20252026JFMAMJJASONDJFMAMJJASONDJFM TAB 6 Other Forms EXCEPTIONS / ADDITIONAL MATERIAL/ ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note -Any material exceptions taken to the City's Terms and Conditions may render a Proposal non-responsive. _X __ No exceptions ___ Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): X No additional materials have been included with this proposal ___ Additional Materials attached (describe-attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addenda have been issued. Addenda Number #1 (8/18/2022) Development of 1454 S MLK Jr, Ave 24 Date: RFP/Q #43-22 Habitat for Humanity of Pinellas & West Pasco Counties VENDOR INFORMATION Company Legal/Corporate Name: Habitat for Humanity of Pinellas Inc Doing Business As (if different than above): Habitat for Humanity of Pinellas and West Pasco Counties Address: 13355 49th Street North Suite B City: Clearwater Phone: 727-536-4755 E-Mail Address: msutton@habitatpwp.org DUNS# 151901972 Remit to Address (if different than above): State: __ F_L _____ _ Zip: 33762 Fax: ______________ _ Website: www.habitatpwp.org Order from Address (if different from above): Address: ____________ _ Address: _____________ _ City: ______ State: __ Zip: __ _ Contact for Questions about this proposal: Name: Mike Sutton Phone: 727-536-4755 Day-to-Day Project Contact (if awarded): Name: Sean King Phone: 727-536-4755 Certified Small Business City: _______ State: __ Zip: __ _ Fax: ______________ _ E-Mail Address: msutton@habitatpwp.org Fax: ______________ _ E-Mail Address: sking@habitatpwp.org Certifying Agency: ____________________________ _ __ Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: ____________________________ _ Provide supporting documentation for your certification, if applicable. Development of 1454 S MLK Jr, Ave 25 RFP/Q #43-22 VENDOR CERTIFICATION OF PROPOSAL By signing and submitting this Proposal, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater.b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, aswell as its attachments, and any referenced documents.c)It has no known, undisclosed conflicts of interest.d)The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer,or in response to a public records request under Florida's public records law (F.S. 119) or other applicablelaw, subpoena, or other judicial process.g)Respondent hereby warrants to the City that the respondent and each of its subcontractors("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal Immigrationlaws and regulations that relate to their employees.h)Respondent certifies that they are not in violation of section 60) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutesand Rules if awarded by the City.j)It is current in all obligations due to the City.k)It will accept such terms and conditions in a resulting contract if awarded by the City.I)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Printed Name: Mike Sutton---------------- Title: ___;_P...;..re.;..s;;_id"'"e'-n-'t-'&_C+-. _E--"O�-----------t:;/i 1'/z-az.Z-Date : J , Development of 1454 S MLK Jr, Ave 26 RFP/Q #43-22 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL JS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSJVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirementsof section 287 .135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging inbusiness operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in thissolicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the ScrutinizedCompanies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba andSyria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commercein any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, realproperty, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any ofits principals are placed on the Scrutinized Companies with A�tiv�Jl.-6o ist, the Scrutinized Companieswith Activities in the Iran Petroleum Sector List, or engaged i �� atigps:.ih Cuba and Syria. STATE oF ------'-h...;...:lo'-'-r_!J___,a,__ __ COUNTY OF ___.7J,_.,..._t,=e�//oJ=----- , My Commission Expires: .Mor<.6 / )( Jlt.lJ.,NOTARY SEAL ABOVE Development of 1454 S MLK Jr, Ave Mike Sutton Printed NamePresident & CEO Title Habitat for Humanity of Pinellas Inc Name of Entity/Corporation 27 RFP/Q #43-22 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NON RESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirementsof section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that BoycottIsrael List, or engaged in a boycott of Israel; and 2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate inthis solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in aboycott of Israel; and 3."Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or takingother actions to limit commercial relations with Israel, or persons or entities doing business in Israel orin Israeli-controlled territories, in a discriminatory manner. A statement by a company that it isparticipating in a boycott of Israel, or that it has initiated a boycott in response to a request for aboycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may beconsidered as evidence that a company is participating in a boycott of Israel; and 4.If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary,affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)calendar days after any of its principals are placed on the Scrutinized Com anies that Boycott IsraelList, or engaged in a boycott of Israel. STATE OF f&r-,�161 COUNTY OF ____.7_,',.J_"5" ___ _ Mike Sutton Printed Name President & CEO Title Habitat for Humanity of Pinellas IncName of Entity/Corporation The foregoing instrurppn! was ackn:�efore me ci}J.eans of g' physicaLpresence or □onlinenotarization on, this� day of �f , 2 , by JtJidM.el �utb>" ,(pf.me! p� whose.osig_n,atyre ia being notarized) as the . '(LO (title) oftbt,i,..._ � �-,J'( ,:it �..,,J/,c .&, c (name of corporat1on/ent1ty), p�onal]y kDA'«O ___ , orproduced ___________ (type of id]f_ti�catio� a; identification, and w�/did not takeanoath. lffl)l, � ,..-��v •Ii."--•. _ CESAR FIGUEREDO _N_ oJ13 .=;._��-=-->,p"""u-bl-ic,_r-rr-__ -_ ,../-,.----------ff��°\ Notary Public• State of Florida � E...1 WU'CO .. \\,W./i Commission# HH 239361 _p...,._...,t.,,c..::..;d"'--N---"'-.P.-t-=-=-=--:�=------------'{1,0F,.._f!-·' My Comm. Expires Mar 13, 2026 rm e ame · Bonded through National Notary Aun. My Commission Expires: ...Lf,_ar_�_.....o..;;f 3�r-:Jd¼,-"""-........_ NOTARY SEAL ABOVE ' Development of 1454 S MLK Jr, Ave 28 RFP/Q #43-22 E-VERIFY ELIGIBILITY FORM VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.2.The Contractor and its Subcontractors are registered with and using the E-Verify system to verify thework authorization status of newly hired employees.3.The Contractor will not enter into a contract with any Subcontractor unless each party to the contractregisters with and uses the E-Verify system.4.The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does notemploy, contract with, or subcontract with unauthorized alien.5.The Contractor must maintain a copy of such affidavit.6.The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractorsknowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7.If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not beawarded a public contract for at least 1 year after the date on which this Contract was terminated. 8.The Contractor is liable for any additional cost incurred by the Ci f the termination of this Contract. Development of 1454 S MLK Jr, Ave Printed Name President & CEO Title Habitat for Humanity of Pinellas Inc Name of Entity/Corporation 29 RFP/Q #43-22 TAB 7 Attachments September 15, 2022 Re: RFP/Q #44-23 Letter of support Dear Review Committee, On behalf of the Clearwater Urban Leadership Coalition, please accept this letter of support to Tampa Bay Neighborhood Housing Services in their Request for Proposal and Quantification submission to develop 1454 S. Martin Luther King Jr. Avenue. In order to ensure that our businesses have the workers they need, we need to address the issue of housing affordability. This means we need a diverse array of options that meet the needs of a variety of income levels. This is why we support the joint development proposal from Tampa Bay Neighborhood Housing Services in partnership with Habitat for Humanity of Pinellas & Pasco Counties to develop twenty-four townhomes for affordable and workforce housing. This proposal will provide homes for individuals and families seeking an affordable place to live within our city and we believe that it is an excellent use of public property. We are particularly excited about the impact this project will have on the community; it will provide stable housing, promote economic development, and increase access to healthy, sustainable communities. The approval of this project will help the city open a new chapter in the ever-evolving story of affordable and workforce housing. Let s get this built. Sincerely, Clearwater Urban Leadership Coalition Gloria Campbell Executive Director Seeking to put God's love into action, Habitat for Humanity brings people together to build homes, communities, and hope. Admin HQ 14010 Roosevelt Blvd, Suite 704 Clearwater, FL 33762 Clearwater ReStore & Truist Homeowner Education Center 13355 49th Street North, Suite B Clearwater, FL 33762 New Port Richey ReStore 6431 US Highway 19, New Port Richey, FL 34652 St Pete ReSource Center 1350 22nd Street South St. Petersburg, FL 33712 habitatpwp.org | (727) 536-4755 Address 608 N. Garden Avenue Clearwater, FL 33755 tbnhs.org | 727-442-4155 our missions To Improve the quality of life in the neighborhoods which it serves by promoting revitalization through Home Ownership, Rehabilitation, Economic Development and Education contact us Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0289 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 2 to Terracon Consultants, Inc of Olathe, KS to provide Brownfield Assessment Grant Services in an amount not to exceed $220,000.00, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. SUMMARY: In 2021, the City of Clearwater (City) was awarded a United States (US) Environmental Protection Agency (EPA) Brownfields Community-wide Assessment grant to support revitalization efforts of properties that may be complicated by the presence, or potential presence, of hazardous substances, pollution, or contamination. This assessment grant will provide funding for Brownfield inventories, planning, environmental assessments, and community outreach. In support of this grant, Terracon will provide Brownfield Assessment Grant Services to the City. These services may include community education and outreach, development of a brownfield site inventory, providing general programmatic support to include quarterly and annual reporting, ACRES data management, Phase I and Phase II Environmental Site Assessments, asbestos surveys, remediation and reuse planning, and other tasks as required. These services will be performed in accordance with tasks outlined in the current EPA grant award documents. The work order term expires 9/30/2024. The previous expenditures to Terracon for this project total $78,885.78 and are summarized below: o Purchase Order # 22000222, issued 11/01/21, to provide Brownfields Programmatic Support in the amount of $36,000.00 o Purchase Order # 23000506, issued 3/08/23, to complete the Belcher Road Modwash Site Assessment in the amount of $42,885.78 This approval will allow the department to create a not to exceed contract that will draw on the Brownfield funds as needed. Funds are not encumbered or committed to Terracon. Other firms may be used to provide similar services as the need arises. APPROPRIATION CODE AND AMOUNT: 1817554-530100-G2207 $220,000 Budget is available in Special Program Project G2207, Brownfield MAC Grant, to fund this contract. Page 1 City of Clearwater Printed on 4/3/2023 Terracon Consultants, Inc. City of Clearwater Consultant Work Order Page 1 of 4 Revised: 11/28/2022 SUPPLEMENTAL 2 WORK ORDER Date: 03/09/2023 1. PROJECT INFORMATION: Project Title: Brownfield Assessment Grant Services City Project Number: City Plan Set Number: NA Consultant Project Number: H4217314 2. SCOPE OF SERVICES: In 2021, the City of Clearwater (City) was awarded a US EPA Brownfields Community- wide Assessment grant to support revitalization efforts of properties that may be complicated by the presence, or potential presence, of hazardous substances, pollution, or contamination. This assessment grant will provide funding for Brownfield inventories, planning, environmental assessments, and community outreach. In support of this grant, Terracon will provide Brownfield Assessment Grant Services to the City. These services may include community education and outreach, development of a brownfield site inventory, providing general programmatic support to include quarterly and annual reporting, ACRES data management, Phase I and Phase II Environmental Site Assessments, asbestos surveys, remediation and reuse planning, and other tasks as required. These services will be performed in accordance with tasks outlined in the current EPA grant award documents. 3. PROJECT GOALS: Provide programmatic support and assessment services for the existing Brownfield Assessment Grant on an as needed basis until the grant period end of September 30, 2024. 4. FEES: This price includes all labor and expenses anticipated to be incurred by Terracon for the completion of these tasks in accordance with Professional Services Method “B” – Lump CONSULTANT WORK ORDER Brownfield Assessment Grant Services Terracon Consultants, Inc. [City Project Number] City of Clearwater Consultant Work Order Page 2 of 4 Revised: 11/28/2022 Sum – Percentage of Completion by Task, for a fee not to exceed two hundred and twenty thousand Dollars ($ 220,000.00) Alternatively, fees may be assessed by hourly rate as detailed in Paragraph 9 below. 5. SCHEDULE: These services are to begin as soon as a purchase order is received. 6. STAFF ASSIGNMENT: City – Joe DeCicco Terracon – Dan Nedvidek – Project Manager/Authorized Project Reviewer Tara Szydlowski Sarah Philips Matt Kendall Terracon will assign staff from this pool based on availability. 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Dan Nedvidek – dan.nedvidek@terracon.com All City project correspondence shall be directed to: Joe DeCicco – joseph.decicco@myclearwater.com 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 1817554-530100-G2204 For work performed, invoices shall be submitted monthly to: ATTENTION: JAMIE GAUBATZ, SR ACCOUNTANT CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT/ENGINEERING PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: CONSULTANT WORK ORDER Brownfield Assessment Grant Services Terracon Consultants, Inc. [City Project Number] City of Clearwater Consultant Work Order Page 3 of 4 Revised: 11/28/2022 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. CONSULTANT WORK ORDER Brownfield Assessment Grant Services Terracon Consultants, Inc. [City Project Number] City of Clearwater Consultant Work Order Page 4 of 4 Revised: 11/28/2022 c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: None 13. SIGNATURES: PREPARED BY: APPROVED BY: Dan Nedvidek, P.G. Tara Kivett Environmental Department Manager City Engineer Terracon City of Clearwater 3/9/23 Date Date Attachment A Consultant Work Order – City Deliverables Page 1 of 1 Revised: 11/28/2022 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Total 1.0 Brownfield Assessment Grant Services $220,000.00 GRAND TOTAL: $220,000.00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0302 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Continue to April 20, 2023: Approve the Federally-Funded Subaward and Grant Agreement for public assistance support for Hurricane Ian expenditures and grant authority to the City Manager or designee to enter into, approve, and execute same and future modifications for Hurricane Ian expenditures. SUMMARY: Federal Emergency Management Agency’s (FEMA) Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre-disaster conditions. A Request for Public Assistance (RPA) was submitted, approved, and awarded September 30, 2022. FEMA and the State share the responsibility for making public assistance funds available to the Subgrantee/Subrecipient. It is now necessary for the City of Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement with the Florida Division of Emergency Management (the Grantee/Recipient). Under the Hurricane Ian funding process, recipients may receive modifications awarding additional funding as approved by the State of Florida, Division of Emergency Management. It will be beneficial for the City to allow the City Manager, or designee, to execute any future modifications in order to provide for efficient and timely processing of the modifications and acquire judicious funding. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0292 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Authorize a purchase order to Hewlett-Packard Enterprise, of Spring, TX, for the equipment lease of desktops, laptops, and tablet computers in an amount not-to-exceed $700,000.00 for the term of March 1, 2023 through July 31, 2023, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. SUMMARY: Due to delays in the State’s bidding and contracting cycles caused by the pandemic, this Contract is a short-term extension, expiring on July 31, 2023, until the Department of Management Services can complete its normal contracting process. The Information Technology Department will bring back the State’s new or extended contract prior to that date for council approval. The City has leased computers for over 15 years. The benefits of leasing include operational savings for asset acquisition, maintenance, improved efficiency in user support and asset management, improved security for city systems and network, and improved performance for system users. There are approximately 1,200 desktops and 700 laptop/tablet computers within the City. The City’s computers are upgraded on a three-year cycle, changing out approximately one-third of the equipment annually. Each lease agreement is for a three-year term and covers one-third of all equipment. All lease terms and conditions are established in the State of Florida Contract No . 43211500-WSCA-15-ACS. The Contract is available to piggyback in accordance with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback. Shipping costs are included in the contract as well as end-of-life disposition of the equipment. The State Contract includes a value-added enhancement - the Self-Maintainer Program - which enables City staff to be trained at no additional costs. Trained staff functions as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions. Hewlett- Packard tracks and reimburses for these services for every 15 minutes of work performed. APPROPRIATION CODE AND AMOUNT: Quarterly payments are budgeted in the Information Technology annual operating budget . Costs are prorated to all departments based upon their respective computer counts through Page 1 City of Clearwater Printed on 4/3/2023 File Number: ID#23-0292 the Administrative Services fund chargeback for Information Technology services. Funds are available in cost code 5559862-544500, Computer Equipment Rental, to fund this contract. Page 2 City of Clearwater Printed on 4/3/2023 CONTRACT AMENDMENT NO.: 5 Contract No.: 43211500-WSCA-15-ACS Contract Name: Computer Equipment, Peripherals, and Services Rev. 11/2/22 This Amendment to the Alternate Contract Source No. 43211500-WSCA-15-ACS Participating Addendum (“Contract”) to the State of Minnesota Master Agreement No. MNNVP-133 (“Master Agreement”) and HP, Inc., (“Contractor”), with its principal place of business located at 3000 Hanover Street, Palo Alto, CA 94304, collectively referred to herein as the “Parties.” WHEREAS the Parties entered into the Contract which became effective on August 15, 2015, for the provision of Computer Equipment, Peripherals, and Services; WHEREAS, the Contract was susbequenty amended to expire on February 28, 2023, in correlation with the term of the Master Agreement; WHEREAS, the Master Agreement term has since been amended to expire on July 31, 2023; WHEREAS, the Parties agreed that the Contract may be amended by mutual agreement as provided in Section 42, Modification of Terms, of the PUR 1000 incorporated into the Contract; and WHEREAS the Secretary has reevaluated the Master Agreement and determined that use of the Master Agreement remains cost-effective and the best value to the state. ACCORDINGLY, and in consideration of the mutual promises contained in the Contract documents, the Parties agree as follows: I. Contract Amendment. The Contract is amended to reflect a new expiration date of July 31, 2023. II. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. III. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment is effective when signed by both Parties. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. DocuSign Envelope ID: 0C79D5AF-B025-4923-B9CC-A1F09604CDC6 CONTRACT AMENDMENT NO.: 5 Contract No.: 43211500-WSCA-15-ACS Contract Name: Computer Equipment, Peripherals, and Services Rev. 11/2/22 State of Florida: Department of Management Services Contractor: HP, Inc. By: _____________________________ By: _____________________________ Name: Pedro Allende Name: Judith Alexander Title: Secretary Title: Senior Counsel Date: Date: DocuSign Envelope ID: 0C79D5AF-B025-4923-B9CC-A1F09604CDC6 2/20/2023 | 8:36 AM MST2/21/2023 | 1:10 PM EST PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 1 of 9 1. Scope: The State of Minnesota, Department of Administration, Materials Management Division publicly conducted a Request for Proposal on behalf of the State of Minnesota and the National Association of State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) resulting in Master Agreement number MNWNC-115. The Master Agreement led by the State of Minnesota along with a multi-state sourcing team, was created for use by state agencies and other entities that are authorized by that state’s statutes to utilize cooperative agreements, upon written approval of the State’s chief procurement official. The Master Agreement for computer equipment (desktops, laptops, tablets, servers, and storage, and ruggedized devices, including related peripherals & services) identifies the product bands awarded to the Contractor. The configuration limits within the Master Agreement are changed as follows: Peripherals configuration limit is increased to $30,000.00. This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and between the State of Florida (Participating State) and Hewlett-Packard Company (Contractor). This Addendum allows for purchase of computer equipment from the Master Agreement. This Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State’s contractual relationship with the Contractor under the terms of the Master Agreement. 2. Participation: Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating State’s statutes are subject to the prior approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Order of Precedence: In the event of a conflict, the following documents shall have priority in the order set forth below: a. This Participating Addendum; b. Exhibit 2, PUR 1000; c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-115 (includes negotiated Terms and Conditions); d. The Solicitation including all Addenda; e. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor’s response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 2 of 9 quotation/sales order or in similar documents subsequently provided by the Contractor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 4. Participating State Modifications or Additions to Master Agreement: A. Upon execution of this Addendum, all eligible users may purchase products and services under contract using the Florida alternate contract source number 43211500-WSCA-15-ACS. Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Addendum. 1. The following are modifications to the Master Agreement: a. PUR 1000 Form:, General Contract Conditions, is attached hereto and incorporated herein as Exhibit 2. b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or transact business with any public entity. c. Effective Date: This Addendum shall become effective as of the first business day of the month following the full execution of this Participating Addendum below or July 1, 2015, whichever is later, and is coterminous with the Master Agreement, unless terminated earlier by the Participating State. To the extent applicable, this Addendum will replace and supersede the existing Participating Addendum Number 250-WSCA-10-ACS between Contractor and Participating State under the WSCA Master Price Agreement Number B27164. d. Vendor Registration and Transaction Fees: In order to complete any transaction between an eligible user and the Contractor, the Contractor must be registered with the Department of State, Division of Corporations (www.sunbiz.org) and in MyFloridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule 60A-1.031, Florida Administrative Code, is hereby incorporated by reference. All transactions are subject to a one percent (1%) transaction fee pursuant to the rule. e. Purchases: In order to procure products and services hereunder, eligible users shall issue purchase orders or use a purchasing card which shall reference Florida alternate contract source number 43211500-WSCA-15-ACS. Eligible users are responsible for reviewing the terms and conditions of this Addendum including all Exhibits. f. Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non- PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 3 of 9 exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code govern this Addendum. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, ordinances, or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before an eligible user can make a purchase under this Addendum, the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(1)(a)-(c) and (g), Florida Statutes, are hereby incorporated by reference. i. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Addendum, unless the records are exempt from section 24(a) of Article I of the State Constitution or subsection 119.07(1), Florida Statutes. The Participating State may unilaterally terminate this Addendum if the Contractor refuses to allow public access as required in this section. If, under this Addendum, the Contractor is providing services and is acting on behalf of the public agency as provided under subsection 119.011(2), Florida Statutes, the Contractor must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of this Addendum and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to public agency in a format that is compatible with the information technology systems of the public agency. j. The State of Florida’s performance and obligation to pay under this Addendum is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 4 of 9 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. B. Contract Document: This Addendum and its Exhibits as included in paragraph 3 set forth the entire agreement between the parties with respect to the subject matter of the contract. C. Intellectual Property: The parties do not anticipate that any intellectual property will be developed as a result of this Addendum. However, any intellectual property developed as a result of this Addendum will belong to and be the sole property of the Customer, except Contractor retains ownership of all its pre-existing intellectual property. This provision will survive the termination or expiration of the contract. D. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11- 116, Contractor is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E-Verify system to verify employment of all new employees hired by the reseller/partner during the Addendum term. E. Price List/Preferred Price: The Contractor’s price list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department’s website to the price list posted on the WSCA-NASPO website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR1000 is not applicable. F. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to subsection 287.135(5), Florida Statutes, Contractor agrees the Participating State may immediately terminate this Addendum for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Addendum. G. Orders: Any Order placed by eligible users for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and other terms and conditions of the Master Agreement and this Addendum, unless the parties to the Order agree in writing that another contract or agreement applies to such Order. PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 5 of 9 1. The Contractor agrees to meet the following requirements: a. Provide appropriate contact information for eligible users to use for product and/or service inquiries and purchases, as well as, the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the Master Agreement; and b. If orders are to be sent to resellers/partners for fulfillment then the Contractor is responsible for providing and updating this list of authorized resellers/partners for use to the Participating State/Entity. 2. Contractor must be able to accept purchase orders via fax, e-mail, or cXML as identified in H.1 below. H. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MyFloridaMarketPlace (MFMP). Electronic invoices may be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below: 1. cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for e- Invoicing. 2. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. 3. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 6 of 9 reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. I. Contract Quarterly Reports: The Contractor shall submit a Quarterly Report in the required format electronically to the Participating State/Entity by the last day of the month following calendar quarter end. The Participating State/Entity reserves the right to require the Contractor to provide additional reports within 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Participating State/Entity may result in the Contractor being found in default under the default proceeding. J. Business Review Meetings: The Participating State/Entity reserves the right to schedule business review meetings as frequently as necessary. The Participating State/Entity will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State/Entity's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default under the default proceeding. K. Commitment to Diversity in Government Contracting: The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects minority-, women-, wartime-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp@dms.myflofida.com. Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period. Commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Addendum. PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 7 of 9 L. Resellers/Partners: The Contractor may use resellers/partners in order to provide computer equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors resellers/partners’ participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com) • Not be on the State of Florida’s Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_informatio n/convicted_suspended_discriminatory_complaints_vendor_lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) M. Primary Contacts: The primary government contact individuals for this Addendum are as follows (or their named successors): Contractor Name Debra Lee Address Hewlett-Packard Company 3000 Hanover Street, Palo Alto, CA 94304 Telephone 847-537-0344 or Cell 847-922-2977 E-mail debra.lee@hp.com PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 8 of 9 Participating Entity Name Jerilyn Bailey Address Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Telephone 850-921-4072 E-mail jerilyn.bailey@dms.myflorida.com N. Warrant of Authority: Each person signing this Addendum warrants that he or she is duly authorized to do so and to bind the respective party. 7. Terms: The Participating State is agreeing to the terms of the Master Agreement only to the extent the terms are not in conflict with applicable law. 8. Partner Utilization: Each Participating State represented by NASPO ValuePoint participating in this Master Agreement independently have the option of utilizing partners. Only partners approved by this Participating State may be deployed. The Participating State may define the process to add and remove partners and may define the partner’s role in this Participating Addendum. The Contractor’s partners’ participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Participating Addendum. Approved partners are shown on the Contractor’s dedicated website for the Participating Entity and its respective eligible Purchase Entities, which can be accessed at: www.hp.com/buy/florida. Contractor has two (2) distinct Servicing Subcontractor Programs: (1) the Reseller Agent Program; and (2) the Fulfillment Subcontractor Program. Both are available to authorized Purchasing Entities to select from under this Participating Addendum. a. Reseller Agent Program: Under the Reseller Agent Program the purchase order (“Order”) is made out to Hewlett-Packard Company (“HP”). HP fulfills and ships the Order to the Purchasing Entity and invoices the Purchasing Entity directly. The Reseller Agents provides pre- and post-sales support. Pre- and post- sales support includes, but is not limited to, providing advice on specifications, quotes, assist in escalation of order(s), and returns. The authorized Reseller Agent(s) under this contract are listed on the HP Participating State landing page at www.hp.com/buy/NASPOVP-PC4. Orders and payment are issued by the Purchasing Entity direct to HP under the Reseller Agent Program. The Reseller Agent HP Authorization Number must be listed in all quotes and related Order activities for sales and tracking purposes. Orders must include the Participating State/Entity Contract Number. HP Order information, including the HP remittance address, is available in the Information Center located at the HP website www.hp.com/buy/NASPOVP-PC4. PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 9 of 9 b. Fulfillment Subcontractor Program: Under this Fulfillment Subcontractor Program the purchase order (“Order”) is made out to the named Fulfillment Subcontractor. The Fulfillment Subcontractor receives the Order(s) and invoices the Purchasing Entity directly, in addition to handling all Order tracking and escalations and offering pre- and post-sales support. The authorized Fulfillment Subcontractor(s) for receipt of Orders from Participating Entities under this contract are listed on the HP Participating State landing page at www.hp.com/buy/NASPOVP-PC4. Orders and payment are issued by the Purchasing Entity direct to the named Fulfillment Subcontractor under the Fulfillment Subcontractor Program. Orders must include the Participating State Contract Number. 9. Separation: Neither party may, nor will it have the power to, assign or novate this Participating Addendum without the consent of the other, provided that Participating State shall not withhold its consent to any assignment or novation by Contractor in connection with the HP Separation. HP Separation means any transaction or restructure associated with the proposed separation of Hewlett- Packard Company into two publicly traded companies, as announced by Hewlett-Packard Company on October 6, 2014. IN WITNESS WHEREOF, the parties have executed this Addendum as of the last date of execution below. Participating State: Florida Contractor: Hewlett-Packard Company By: By: Name: Name: Title: Title: Date: Date: Florida’s Chief Procurement Officer By: Name: Roz Ingram Title: Director of State Purchasing and Chief Procurement Officer Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0304 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Approve a 3-year maintenance schedule and contract to Tyler Technologies, Inc. of Yarmouth, ME in a not to exceed amount of $1,564,250.00 for maintenance and support fees for Munis Financials, Human Capital Management software and Tyler Systems Management pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical) and authorize the appropriate officials to execute same. SUMMARY: In May 2017, the City partnered with Tyler Technologies for provision of Tyler’s Munis Financials software to replace our previous financial system. In January 2019, the City Council approved an addendum to this agreement for licensing and professional services related to the purchase and implementation of the Munis Human Capital Management (HCM) software. Tyler-Munis is the City's enterprise system standard for financial management (general ledger, accounts payable, accounts receivable, asset tracking, and purchasing) and payroll management and human resource/benefits management for all City departments and operations. The time and expense related to replacing these functions would take several years (2-3 years), while costs ($3-$4 million) and disruptions to operations would be significant. Because of these factors, this procurement is impractical and Tyler-Munis is a standardized product. The requested not-to-exceed amount includes maintenance and support costs for all modules listed above (Munis Financials and HCM) for fiscal years 2023 through 2025. The total amount also includes a one-time charge of $25,643.00 for professional services in support of migration to Tyler’s software as a service (SaaS) model. Annual charges for SaaS maintenance of Munis’s Financials and Human Capital Management (i.e. payroll and HR) are $512,869.00. As a point of reference, in 2019 the City self-hosted Munis Financials and PeopleSoft HRMS at an annual cost of approximately $470,000. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Finance CIP project cost codes 3557355-530100-94828 (professional services) for planned upgrades. Maintenance and hardware expenses in out years will be budgeted in the IT Admin Services budget. Page 1 City of Clearwater Printed on 4/3/2023 2022-334882-X2X9K8 CONFIDENTIAL Page 1 Quoted By:Cindy Chase Quote Expiration:01/18/23 Quote Name:City of Clearwater - ERP - SaaS Quote Description: SaaS Flip Saas Term 3.00 Sales Quotation For: City of Clearwater 112 S Osceola Ave Clearwater FL 33756-5106 Phone: +1 (727) 562-4040 Tyler SaaS and Related Services Description Qty Imp. Hours Annual Fee Financial Management Accounting/GL/BG/AP 1 0 $ 80,797.00 Bid Management 1 0 $ 9,765.00 Capital Assets 1 0 $ 20,599.00 Cash Management 1 0 $ 14,866.00 Contract Management 1 0 $ 9,180.00 eProcurement 1 0 $ 14,322.00 Project & Grant Accounting 1 0 $ 12,874.00 Purchasing 1 0 $ 36,109.00 Human Resources Management Human Resources & Talent Management 1 0 $ 8,655.00 Payroll w/ESS 1 0 $ 14,214.00 Revenue Management Accounts Receivable 1 0 $ 17,932.00 General Billing 1 0 $ 8,679.00 Content Management 2022-334882-X2X9K8 CONFIDENTIAL Page 2 Content Manager Core 1 0 $ 22,989.00 Data Insights Enterprise Analytics and Reporting 1 0 $ 68,235.00 Additional 2 TB Content Manager Additional Storage 1 0 $ 10,000.00 Enterprise Forms Processing Software (including Common Form Set)1 0 $ 6,425.00 Subscription Fees ACFR Statement Builder 1 0 $ 7,228.00 Concurrent Users 150 0 $ 150,000.00 TOTAL 0 $ 512,869.00 Professional Services Description Quantity Unit Price Ext Discount Extended Price Maintenance Project Planning Services 1 $ 25,643.00 $ 0.00 $ 25,643.00 $ 0.00 TOTAL $ 25,643.00 $ 0.00 Summary One Time Fees Recurring Fees Total Tyler License Fees $ 0.00 $ 0.00 Total SaaS $ 0.00 $ 512,869.00 Total Tyler Services $ 25,643.00 $ 0.00 Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 25,643.00 $ 512,869.00 Contract Total $ 1,564,250.00 2022-334882-X2X9K8 CONFIDENTIAL Page 3 Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval:Date: Print Name:P.O.#: All Primary values quoted in US Dollars Comments Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms: •License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client; •Fees for hardware are invoiced upon delivery; •Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; •Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement. •Fees for services included in this sales quotation shall be invoiced as indicated below. •Implementation and other professional services fees shall be invoiced as delivered. •Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. •Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client 2022-334882-X2X9K8 CONFIDENTIAL Page 4 acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. •Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. •If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. •Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. •Expenses associated with onsite services are invoiced as incurred. Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors. Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler. Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or 2022-334882-X2X9K8 CONFIDENTIAL Page 5 more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. Content Manager SE includes up to 3TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB. Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G. General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt. Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change. Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R. Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support. In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0344 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Appoint an individual to the Brownfields Advisory Board with a term to expire April 4, 2027. SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: Not Required SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents who live within or adjacent to the Brownfields area. Three members shall be owners or representatives of a business operating in the Brownfields area. Three members shall be representatives of federal/state agency/local government involved with Brownfields remediation process within Pinellas County. MEMBERS: 9 CHAIR: Mark Parry MEETING DATES: Meets as called. PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES AN APPOINTMENT FOR AN UNEXPIRED TERM: 1. LeeDrillah Jenkins - 1114 South Missouri Ave., 33756 - Resident Original Appointment: 11/01/2018 (was serving first term which expired 11/30/2022) Resignation Date: 11/30/2022 THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Katrina George - 1276 Eldridge St., 33755 - Resident Zip codes of current members on board: 3 in 33755 1 in 33756 1 in 33765 Page 1 City of Clearwater Printed on 4/3/2023 File Number: ID#23-0344 1 in 33770 1 in 34209 Page 2 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0343 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Appoint an individual to the Community Development Board for an unexpired term through March 2, 2027. SUMMARY: BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: TBD MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate. THE FOLLOWING ADVISORY BOARD MEMBERS HAVE RESIGNED OR HAVE AN EXPIRED TERM WHICH NOW REQUIRES NEW APPOINTMENTS: 1.Brynn Dauphinais - 3230 Mulberry Dr., 33761 - Planner Original Appt: 3/2/2023 (was serving 1st term set to expire 3/2/2027) Resignation Date: 3/8/2023 THE FOLLOWING APPLICANT IS BEING CONSIDERED TO FILL THESE VACANCIES: 1.Andrew Hupp - 745 Bay Esplanade, 33767 - Real Estate Developer 2.Samuel Hutkin - 755 Eldorado Avenue, 33767 - Alt Member Absences: 6/2/22, 7/19/22, 9/20/22, 2/21/23 Zip Codes of current members: 1 at 33756 1 at 33759 1 at 33761 1 at 33764 3 at 33767 Current categories: Page 1 City of Clearwater Printed on 4/3/2023 File Number: ID#23-0343 General Contractor Engineer Alt Member Consultant - commercial real estate Construction and Real Estate Real Estate Broker/Developer Corporate General Counsel Planner Page 2 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0270 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Elect a Councilmember to serve as Vice Mayor. SUMMARY: The city charter requires the City Council to elect one of its members as Vice Mayor at the first meeting in April. Per City Council Rule 5, the office of Vice Mayor shall be rotated amongst the councilmembers annually, with Seat 3 serving in this capacity in 2022. During the April 4, 2022 work session, there was council consensus to not follow the designated rotation for the office of Vice Mayor and to elect Councilmember Beckman as the Vice Mayor at the April 7, 2022 council meeting. Council may follow the rotation schedule as designated (Reappoint Seat 3 - Councilmember Beckman), appoint Councilmember Bunker (Seat 2; he declined the nomination last year), or appoint Councilmember Allbritton (Seat 4, next in the rotation). Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0339 Agenda Date: 4/4/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Recycling Update SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/3/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0427 Agenda Date: 4/4/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Review of City’s Financial Condition SUMMARY: Page 1 City of Clearwater Printed on 4/3/2023 (A)(B)(A) - (B)(C )(A) - (B) - (C ) Fund Unrestricted Balance @ 9/30/2022 (unaudited) Minimum Required Reserves Unrestricted Balance in Excess of Required Reserves Cash in Capital Projects Unrestricted & Undesignated Balance in Excess of Required Reserves General Fund 58,570,210$ 15,608,500$ 42,961,710$ -$ 42,961,710$ Water & Sewer 167,844,300 33,046,940 134,797,360 149,398,733 (14,601,373) Gas 28,543,739 23,103,670 5,440,069 15,911,369 (10,471,300) Solid Waste & Recycling 41,609,428 14,218,990 27,390,438 6,049,684 21,340,754 Stormwater 40,333,378 4,916,850 35,416,528 30,085,769 5,330,759 Marine Operations 6,265,140 1,409,660 4,855,480 2,676,202 2,179,278 Aviation Operations 731,093 82,998 648,096 61,539 586,557 Parking System 37,301,599 1,893,033 35,408,567 4,327,007 31,081,560 Clearwater Harbor Marina 3,792,888 207,153 3,585,736 2,053,262 1,532,474 Central Insurance Fund 32,567,112 18,428,068 14,139,044 - 14,139,044 417,558,887$ 112,915,861$ 304,643,027$ 210,563,565$ 94,079,462$ City of Clearwater Unrestricted & Undesignated Reserves As of 9/30/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0335 Agenda Date: 4/4/2023 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a two-year funding agreement with PSTA for Jolley Trolley beach route and authorize the appropriate officials to execute same. SUMMARY: On September 20, 2016, the City entered into the Clearwater Beach Route Funding Agreement for the Jolley Trolley with PSTA, which was subsequently amended and renewed on October 1, 2017 and October 1, 2019. The City would like to extend this agreement to continue funding the beach route of the Jolley Trolley for fiscal years 2023 and 2024. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 4351333-581000, Payment to Agencies, to fund this contract. Page 1 City of Clearwater Printed on 4/3/2023 Page 1 of 5 SECOND RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS SECOND RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT (“Agreement”) is entered into effective ________ __, 2023, (“Effective Date”) by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (“PSTA”), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of business located at 600 Cleveland Street, Clearwater, Florida 33756 (“City of Clearwater”)(collectively, the “Parties”), to restate, renew, and amend that certain Clearwater Beach Route Funding Agreement originally entered into by the Parties on September 20, 2016, as amended and renewed by that certain First Amendment effective October 1, 2017 and that certain Second Amendment effective October 1, 2018, and as restated, amended, and renewed by that certain Renewed and Restated Clearwater Beach Route Funding Agreement effective October 1, 2019 (the “Original Agreement”). WHEREAS, pursuant to the Original Agreement, City of Clearwater has been contributing funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route; and WHEREAS, PSTA provides such service by and through its current agreement with Jolley Trolley Transportation of Clearwater, Inc., (“Jolley Trolley”) effective October 1, 2022 through September 30, 2032, as may be amended from time to time (the “Jolley Trolley Agreement”), and a copy of the Jolley Trolley Agreement is attached to this Agreement as Exhibit “A”; and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for fixed route trolley services along the Clearwater Beach Route; and WHEREAS, PSTA would not have entered into the Jolley Trolley Agreement without the shared contribution of the City of Clearwater, as contemplated in the Original Agreement and this Agreement; and WHEREAS, a two-year agreement will benefit PSTA and the City of Clearwater by ensuring stability of the City of Clearwater’s contribution; and WHEREAS, the Parties desire to continue the Original Agreement on the terms and conditions stated herein. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. RECITALS AND EXHIBITS. The above recitals and attached exhibits are true and correct and incorporated herein by reference. [A02-00334 /302311/1] Page 2 of 5 2. BEACH ROUTING. A map of the Clearwater Beach Route is attached to this Agreement as Exhibit “B”. The Parties intend for PSTA, through Jolley Trolley, to continue servicing this route for the duration of this Agreement; and it is further the intent of the Parties that the City of Clearwater contribute to the provision of this service in the amounts described in the next paragraph. 3. BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA’s financial obligations under the Jolley Trolley Agreement for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (“FY 2023”), in the amount of Three Hundred One Thousand Eight Hundred Eleven U.S. Dollars and NO/100 ($301,811.00). For the fiscal year beginning October 1, 2023, and ending September 30, 2024 (”FY 2024”), this amount shall increase by three percent (3%) to Three Hundred Ten Thousand Eight Hundred and Sixty-Five U.S. Dollars and 33/100 ($310,865.33). These amounts shall constitute the City of Clearwater’s entire funding contribution for Jolley Trolley’s Clearwater Beach Route for FY 2023 and FY 2024, notwithstanding any prior agreement or subsequent cost increase or cost decrease to PSTA or Jolley Trolley during any FY 2023 or FY 2024. 4. INVOICING. Within fifteen (15) days of the Effective Date, PSTA will submit an invoice to the City of Clearwater for the pro rata portion of the City’s contribution for the period from October 1, 2022 through the end of the month immediately preceding the Effective Date. The City of Clearwater shall pay said invoice within thirty (30) days of receipt. For service provided from the months immediately after the Effective Date through September 30, 2023, PSTA will send an invoice to the City of Clearwater no later than the fifteenth (15th) day of each month during said period for the pro rata portion of the City’s contribution for FY 2023.. The City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. For the City’s contribution for FY 2024, PSTA will submit an invoice to the City of Clearwater for the full amount of the City’s contribution of Three Hundred Ten Thousand Eight Hundred and Sixty-Five U.S. Dollars and 33/100 ($310,865.33) any time between October 1, 2023, and December 31, 2023; the City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. 5. ANNUAL APPROPRIATIONS; FAILURE TO MAKE PAYMENT. In the event that the City of Clearwater determines that sufficient budgeted funds are not available to appropriate for payments due to PSTA under this Agreement, the City of Clearwater shall notify PSTA of such occurrence and this Agreement shall terminate on the last day of the then current fiscal period, and the City of Clearwater shall not owe PSTA any further contribution towards PSTA’s financial obligations under the Jolley Trolley Agreement. However, in the event this Agreement is terminated, such termination may result in the termination of the Trolley Services along the Clearwater Beach Route. For purposes of this Section, the term “fiscal period” means the period between October 1st and September 30th. Page 3 of 5 6. EFFECTIVE DATE; CONFLICTS. This Agreement shall take effect on the first date above written and shall continue through September 30, 2024, the expiration or termination of the Jolley Trolley Agreement, however terminated, or expiration or termination of this Agreement as provided herein, whichever occurs first. The Agreement may be renewed at the mutual written consent of the Parties for an additional two (2) year term. To the extent that this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall govern. 7. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. 8. ELECTRONIC SIGNATURES; COUNTERPARTS. This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties’ legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. [Remainder of this page intentionally left blank – signature pages follow] [A02-00334 /302311/1] Page 4 of 5 IN WITNESS WHEREOF, the Parties have caused this Second Renewed and Restated Clearwater Beach Route Funding Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY ATTEST: _________________________ ________________________________ Rachael Cappolla Brad Miller, Chief Executive Officer Executive Assistant/Records Manager APPROVED AS TO FORM: ________________________ General Counsel [Remainder of this page intentionally left blank – City of Clearwater signature page follows] [A02-00334 /302311/1] Page 5 of 5 CITY OF CLEARWATER, FLORIDA Countersigned: ______________________________ __________________________________ Jennifer Poirrier Mayor City Manager Approved as to form: Attest: _________________________ _________________________________ David Margolis Rosemarie Call City Attorney City Clerk RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT (Agreement) is entered into effective October 1, 2019, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY,an independent special district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of business located at 600 Cleveland Street, Clearwater, Florida 33756 (C,ity of Clearwater)(collectively, the "Parties") to reinstate, renew, and amend that certain Clearwater Beach Route Funding Agreement originally entered into by the Parties on September 20, 2016, as amended and renewed by that certain First Amendment effective October 1, 2017 and the Second Amendment effective October 1, 2018 (the Original Agreement). A copy of the Original Agreement is attached to this Agreement as Exhibit "A". WHEREAS, pursuant to the Original Agreement, City of Clearwater has been contributing funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route; and WHEREAS, PSTA provides such service by and through its current contract with Jolley Trolley Transportation of Clearwater, Inc., (Jolley Trolley) effective October 1, 2017 through September 30, 2022, as may be amended from time to time (the Jolley Trolley Agreement); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for fixed route trolley services along the Clearwater Beach Route; and WHEREAS, PSTA would not have entered into the Jolley Trolley Agreement without the shared contribution of the City of Clearwater, as contemplated in the Original Agreement and this Agreement; and WHEREAS, the Parties desire to continue the Original Agreement on the terms and conditions stated herein. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's financial obligations under the Jolley Trolley Agreement in an amount equal to the actual revenue hours multiplied by twenty-five percent (25%) of the rate billed to PSTA by Jolley Trolley along the Clearwater Beach Route for each fiscal year this Agreement is in effect. A map of the Clearwater Beach Route is attached to this Agreement as Exhibit "B". PSTA will send an invoice to City of Clearwater no later than the fifteenth RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT 15th) day of the month immediately following the month during which fixed route trolley services were provided along the Clearwater Beach Route. Each invoice shall be based on actual revenue hours provided and shall include a copy of Jolley Trolley's invoice to PSTA. City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. For the fiscal year beginning October 1, 2019 and ending September 30, 2020, it is estimated that the City of Clearwater's funding contribution amount will not exceed Two Hundred Eighty-five Thousand Five Hundred Forty-seven U.S. Dollars and NO/100 ($285,547) in the aggregate. This annual estimated amount shall increase each fiscal year, in accordance with the rate schedule provided for in the Jolley Trolley Agreement. It is expressly acknowledged that the Jolley Trolley rates will increase each fiscal year pursuant to the terms of the Jolley Trolley Agreement and that City of Clearwater will continue to pay 25% of such increased rates pursuant to the terms of this Agreement. 3. ANNUAL APPROPRIATIONS; FAILURE TO MAKE PAYMENT. In the event that the City of Clearwater determines that sufficient budgeted funds are not available to appropriate for payments due to PSTA under this Agreement, the City of Clearwater shall notify PSTA of such occurrence and this Agreement shall terminate on the last day of the then current fiscal peridd, and the City of Clearwater shall not owe PSTA any further contribution towards PSTA's 'financial obligations under the Jolley Trolley Agreement. However, in the event this Agreement is terminated, such termination may result in the termination ofthe Trolley Services along the Clearwater Beach Route. For purposes of this Section, the term "fiscal period" means the period between October 1st and September 30th 4. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate on September 30, 2022; the expiration or termination of the Jolley Trolley Agreement, however terminated; or expiration or termination of this Agreement as provided herein, whichever occurs first. To the extent that this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall govern. 5. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA's rights under the Jolley Trolley Agreement. Remainder of this page intentionally left blank] Page 2 of 4 RENEWED AND RESTATED CLEARWATER BEACH ROUTE FUNDING AGREEMENT IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. ATTEST: APPROVED AS TO FORM: Alan S. Zimm G1stral Counsel PINELLAS SUNCOAST TRANSIT AUTHORITY Brad Miller, Chief Executive Officer Remainder of this page intentionally left blank — City of Clearwater Signature Page Follows] Page 3 of 4 AMENDMENT 2 TO CLEARWATER BEACH ROUTE FUNDING AGREEMENT Countersigned: cteor tuvr L\405 George Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Page 4 of 4 CITY OF CLEARWATER w William B. Horne, I City Manager Attest: bdakivue:G « Rosemarie Call » rrn City Clerk Q aA;_!cl o 0 irc1 Ai.)pivrx(-i CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this 1 0 day of Lion, 1,q 2016, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an • independent special district ("PSTA"), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at at 112 South Osceola Avenue, Clearwater, Florida 33756 (the "City of Clearwater") (collectively referred to as the "Parties"). WHEREAS, PSTA, by and through the draft agreement with Jolley Trolley Transportation of Clearwater, Inc. dated September 22, 2016 (the "Jolley Trolley Agreement") attached hereto as Exhibit 1) intends to engage the Jolley Trolley to provide fixed route trolley services including the fixed route services on Clearwater Beach as part of the Beach Routes (the Clearwater Beach Route"); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and WHEREAS, PSTA will not enter into the Jolley Trolley Agreement without the shared contribution of the City of Clearwater, as contemplated by this Agreement. WHEREAS, City of Clearwater, recognizing the benefits of the Clearwater Beach Route provided by the Trolley Services will bring, desires to make a contribution to PSTA toward PSTA's financial obligations under the Jolley Trolley Agreement, on the terms and conditions set forth herein; and NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA's financial obligations under the Jolley Trolley Agreement for Clearwater Beach Route for base service costs for the period beginning October 1, 2016 and ending September 30, 2017 at a cost not to exceed $182,503.1 PSTA shall send an invoice to City of Clearwater no later than the 15th day of the month following the service which will be based on actual revenue hours provided to PSTA by Jolley Trolley. The contributions made under this Agreement and sent via invoice will be paid directly to PSTA on the 15th day of the month following receipt of each invoice (such that the first payment shall be due on November 15, 2016). In any event, the total contribution amount for City of Clearwater shall not exceed the amount set forth on Page 18 of Exhibit 1. The base service cost does not include the potential payment for any shortfall in the Advertising RecoveryEstimate as set forth in Paragraph 6. 3. ADDITIONAL GRANT FUNDING. Any additional grant funding afforded to the Jolley Trolley from City of Clearwater shall not be subject to PSTA review unless specifically requested. 4. FAILURE TO MAKE PAYMENTS. In the event City of Clearwater fails to make the payments provided in Section 2 above, PSTA may cancel this Agreement, which may result in the termination of the Trolley Services. 5. FAREBOX RECOVERY ESTIMATE. The Parties understand that both a Farebox Recovery Estimate and an Advertising Estimate have been set as set forth on Page 18 of Exhibit 1. The Parties agree that PSTA shall be responsible for ensuring Jolley Trolley receives the Farebox Recovery Estimate. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform a farebox revenue reconciliation which compares the farebox revenue estimate with the actual farebox revenue (the "Farebox Reconciliation"). If the farebox income collected exceeds the farebox recovery estimate set forth on Page 18 of Exhibit 1 (the "Farebox Recovery Estimate"), no additional payment shall be due to Jolley Trolley. However, if the farebox income collected is less than the Farebox Recovery Estimate, PSTA shall be responsible to pay the amount equal to the difference between the fares collected and the Farebox Recovery Estimate. 6. ADVERTISING RECOVERYESTIMATE. The Parties understand that an Advertising Estimate has been set as set forth on Page 18 of Exhibit 1. The Parties agree that the City of Clearwater shall be responsible for ensuring that Jolley Trolley receives the Advertising Recovery Estimate. The Parties further understand that within thirty (30) days of the end of the contract term for the Jolley Trolley Agreement, that Jolley Trolley and PSTA shall perform an advertising revenue reconciliation which compares the advertising revenue estimate with the actual advertising revenue (the "Advertising Reconciliation"). If the advertising revenue income collected exceeds the advertising recovery estimate set forth on Page 18 of Exhibit 1 (the "Advertising Recovery Estimate"), no additional payment shall be due to Jolley Trolley. However, if the advertising revenue collected is less than the Advertising Recovery Estimate, the City of Clearwater shall be responsible to pay the lesser of either (a) the amount equal to the difference between the advertising revenue collected and the Advertising Recovery Estimate or (b) $32,589.75. PSTA may make payment to Jolley Trolley directly and then seek reimbursement from the City of Clearwater. The City of Clearwater shall make any such payment within thirty (30) days receipt of any such bill. Page 2 of 3 7. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate upon the expiration or termination of the Jolley Trolley Agreement, however terminated. 8. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA's rights under the Jolley Trolley Agreement. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as ofthe date first above written. PINELLAS SU COAST TRANSIT AUTHORITY Brad Miller, ChiefExecutive Officer Approved as to Form: Alan 'lis met, Esq. General Counsel CITY OF C ' ' WATER, FLORIDA Countersigned: eteARkt^Crt'TQ O5 By: George N. Cretekos, Mayor Attest: jk) 4414144411-44' William B. Horne II, City Manager Approved as to Form: lizeiluact: Gat ie Call, MPA, CMC Pam Aki , City Attorney Page 3 of 3 AMENDMENT 1 TO CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS FIRST AMENDMENT TO CLEARWATER BEACH ROJJTE FUNDING AGREEMENT (. first Amendment) is entered into on this 157— day of J I , 2017, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of business located at 112 South Osceola Avenue, Clearwater, Florida 33756 (City of Clearwater)(collectively, the "Parties") to amend and renew that certain Clearwater Beach Route Funding Agreement entered into by the Parties on September 20, 2016 (the Agreement). WHEREAS, pursuant to the Agreement, City of Clearwater has been contributing funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route, and WHEREAS, the Parties desire to continue the Agreement as amended by this First Amendment; and WHEREAS, unless otherwise defined in this Amendment, all capitalized terms used in this Amendment shall have the meaning defined in the Agreement. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Section 2 ofthe Agreement is hereby amended to read as follows: BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's financial obligations under the Jolley Trolley Agreement for the actual revenue hours provided along the Clearwater Beach Route for each fiscal year the Agreement is in effect. PSTA will send an invoice to City of Clearwater no later than the fifteenth 15th) day of the month immediately following the month during which fixed route trolley services were provided along the Clearwater Beach Route. Each invoice shall be based on actual revenue hours provided. City of Clearwater shall remit payment on the fifteenth(15th) day of the month following receipt of such invoice. For the fiscal year beginning October 1, 2017 and ending September 30, 2018, the funding contribution amount shall not exceed Two Hundred and Seventeen Thousand Two Hundred Sixty-three U.S. Dollars and NO/100 (5217,263). 3. Sections 5 and 6 of the Agreement are hereby deleted entirely. 4. This First Amendment shall be effective October 1, 2017 through the term of the Agreement. All other provisions of the Agreement not specifically amended by this First Amendment, shall remain in full force and effect. To the extent that this Amendment conflicts with the Agreement, the provisions of this First Amendment shall govern. IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY APPROVED AS TO FORM:: Amort S. l'>`1. General Counsel Counte ned: c€.O tt4tf& col George N. Cretekos, Mayor Attest: R, Rosemarie Call, City Clerk Brad Miller, Chief Executive Officer CITY OF CLEARWATER Az1,..A. William B. Horne, II, City Manager Appro . d as corm: Matthew mith, Assistant City Attorney AMENDMENT 2 TO CLEARWATER BEACH ROUTE FUNDING AGREEMENT THIS SECOND AMENDMENT TO CLEARWATER BEACH ROUTE FUNDING AG' MENT (Second Amendment) is entered into on this 1m day of 2018, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district, with its principal place of business located at 3201 Scherer Drive, St. Petersburg, FL 33716 (PSTA), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, with its principal place of business located at 112 South Osceola Avenue, Clearwater, Florida 33756 (City of Clearwater)(collectively, the "Parties") to amend and renew that certain Clearwater Beach Route Funding Agreement entered into by the Parties on September 20, 2016, as amended and renewed by that certain First Amendment effective October 1, 2017 (the Agreement). WHEREAS, pursuant to the Agreement, , City of Clearwater has been contributing funding to PSTA to supplement fixed route trolley services along the Clearwater Beach Route, and WHEREAS, the Parties desire to continue the Agreement as amended by this Second Amendment; and WHEREAS, unless otherwise defined in this Second Amendment, all capitalized terms used in this Second Amendment shall have the meaning defined in the Agreement. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Section 2 of the Agreement is hereby amended to read as follows: BASE SERVICE COSTS. City of Clearwater shall contribute toward PSTA's financial obligations under the Jolley Trolley Agreement for the actual revenue hours provided along the Clearwater Beach Route for each fiscal year the Agreement is in effect. PSTA will send an invoice to City of Clearwater no later than the fifteenth 15th) day of the month immediately following the month during which fixed route trolley services were provided along the Clearwater Beach Route. Each invoice shall be based on actual revenue hours provided. City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. For the fiscal year beginning October 1, 2018 and ending September 30, 2019, the funding contribution amount shall not exceed Two Hundred and Eighteen Thousand Five Hundred Twelve U.S. Dollars and NO/100 (218,512). 3. This Second Amendment shall be effective October 1, 2018 through the term of the Agreement. All other provisions of the Agreement not specifically amended by this AMENDMENT 2 TO CLEARWATER BEACH ROUTE FUNDING AGREEMENT Second Amendment, shall remain in full force and effect. To the extent that this Amendment conflicts with the Agreement, the provisions of this Second Amendment shall govern. IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed as of the date first above written. ATTEST: APPROVED AS TO FORM: Alan S. Zi' f' neral Counsel Memaine er` of this page intentionally left blank — City of Clearwater Signature Page Follows] PINELLAS SUNCOAST TRANSIT AUTHORITY Brad Miller, Chief Executive Officer Page 2 of 3 AMENDMENT 2 TO CLEARWATER BEACH ROUTE FINDING AGREEMENT Countersigned: c eo( it iv' t\t c George N. Cretekos, Mayor Attest: CITY OF CLEARWATER 6. 411.4......„--4r William B. Home, II, City Manager Approved as to form: Rosemarie Call, City C .: ' aura Mahony, Assistant City Page 3 of 3 NORTH BEACH ROUTE 1 Publix 9:41 10:18 11:03 11:48 9:33pm 9:45pm 9:46pm 9:47pm 9:48pm 9:49pm 9:50pm 9:55pm 9:57pm 10:00pm 10:01pm 10:02pmLAST TRIP SUN-THURS LAST TRIP FRI & SAT 11:03pm 11:15pm 11:16pm 11:17pm 11:18pm 11:19pm 11:20pm 11:25pm 11:27pm 11:30pm 11:31pm 11:32pm 12:33 1:18 2:03 2:48 3:33... 12:45 1:30 2:15 3:00 3:45... 12:46 1:31 2:16 3:01 3:46... 12:47 1:32 2:17 3:02 3:47... 12:48 1:33 2:18 3:03 3:48... 12:49 1:34 2:19 3:04 3:49... 12:50 1:35 2:20 3:05 3:50... 12:55 1:40 2:25 3:10 3:55... 12:57 1:42 2:27 3:12 3:57... 1:00 1:45 2:30 3:15 4:00... 1:01 1:46 2:31 3:16 4:01... 1:02 1:47 2:32 3:17 4:02... 2 BeachTransit Center 9:45 10:30 11:15 12:00 3 Ron Jon 9:46 10:31 11:16 12:01 4 Papaya Street 9:47 10:32 11:17 12:02 5 Baymont 9:48 10:33 11:18 12:03 6 Library(Rec.) Center 9:49 10:34 11:19 12:04 9:50 10:35 11:20 12:05 9:55 10:40 11:25 12:10 9:57 10:42 11:27 12:12 10:00 10:45 11:30 12:15 10:01 10:46 11:31 12:16 10:02 10:47 11:32 12:17 7 Bay Esplanade(by Faireld Inn) 8 880 Mandalay 9 Idlewild Street 10 Rockaway 11 Clear Sky 12 Hilton STOP # Continues every (45) minutes all day until 10:22pm (SUN-THURS) and until 11:52pm (FRI & SAT). Ends at Beach Transit Center. AM...... PM...... Location 10:04pm 11:34pm 1:04 1:49 2:34 3:19 4:04... 10:04 10:49 11:34 12:19 13 Clearwater BeachMarina 10:10pm 11:40 pm 1:10 1:55 2:40 3:25 4:10... 10:10 10:55 11:40 12:25 14 700Island Way SOUTH BEACH ROUTE 2 BeachTransit Center 9:45 10:15 10:45 11:15 9:45pm 9:48pm 9:50pm 9:52pm 9:56pm 10:00pm 10:02pm 10:03pm 10:05pm 10:07pm 10:09pm 11:15pm 11:18pm 11:20pm 11:22pm 11:26pm 11:30pm 11:32pm 11:33pm 11:35pm 11:37pm 11:39pm 11:45 12:15 12:45 1:15 1:45... 11:48 12:18 12:48 1:18 1:48... 11:50 12:20 12:50 1:20 1:50... 11:52 12:22 12:52 1:22 1:52... 11:56 12:26 12:56 1:26 1:56... 12:00 12:30 1:00 1:30 2:00... 12:02 12:32 1:02 1:32 2:02... 12:03 12:33 1:03 1:33 2:03... 12:05 12:35 1:05 1:35 2:05... 12:07 12:37 1:07 1:37 2:07... 12:09 12:39 1:09 1:39 2:09... 15 Pier 60 9:48 10:18 10:48 11:18 16 Beach Walk 9:50 10:20 10:50 11:20 17 Shephard’s 9:52 10:22 10:52 11:22 18 Sheraton 9:56 10:26 10:56 11:26 19 Bay Park 10:00 10:30 11:00 11:30 10:02 10:32 11:02 11:32 10:03 10:33 11:03 11:33 10:05 10:35 11:05 11:35 10:07 10:37 11:07 11:37 10:09 10:39 11:09 11:39 20 Shoppes 21 Marriott 22 Surf Style 23 Crabby’sBar & Grill 24 Hyatt STOP # AM...... PM...... Location 10:12pm 11:42pm 12:12 12:42 1:12 1:42 2:12... 10:12 10:42 11:12 11:42 13 Clearwater BeachMarina 10:18pm 11:48 pm 12:27 12:57 1:27 1:57 2:27... 10:27 10:57 11:27 11:57 25 Park Street THE JOLLEY TROLLEY CLEARWATER BEACH ROUTE SCHEDULE 727-445-1200 www.clearwaterjolleytrolley.com www.psta.net In Partnership with Pinellas Suncoast Transit Authority (727) 540-1900 Continues every (30) minutes all day until 10:18pm (SUN-THURS) and until 11:48pm (FRI & SAT). Ends at Park Street Terminal. LAST TRIP SUN-THURS LAST TRIP FRI & SAT Citizen Comment Card Name: Address:2 k.1100 City: C Telephone Number: 2'') Email Address: j me 114 Zip: s- 76 dadv 4.7 ymc, 1. eifh Speaking under citizens to be heard re items not on the agenda? CD 2Agendaitem(s) to which you wish to speak. e 1,„ . 4", a a H, b,,16(10) oan,V-t,;, /6/20/ What is your position on the item? For L/ Against INDIVIDUAL SPEAKER Name: Address: Citizen Comment Card O -tee Z7e e City: ?-7s lefo- Telephone Number: Email Address: 16, s'% /S'k Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. De Ai -7/47( eVr What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Pleas/have each member of the group in attendance sign and print the)r name /oh thkfreverse of this card. Name: I''Ci 1 LA) Address: ass t:(6&46 City: Zip: Telephone Number: Email Address: Agenda item ty_ ich you wish t speak: n4v4t1-1.cr, What is your position on the item? For Against l CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name:. "9.4 d 110142a-6? Address: ( 3 to "t{G- City:C/2-1t.tag- Zip: 33767 Telephone Number:6R\,9.:-! tJ"M7c3 Email Address: 61,E lb,,0-1 Iola d c -014r% Agenda item to which you wish to speak: i 4. '! What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0374 Agenda Date: 4/4/2023 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve a nonbinding definition of antisemitism, directing city staff to familiarize themselves with this definition and corresponding reference materials and incorporate their usage where appropriate and adopt Resolution 23-05. SUMMARY: The City Council of the City of Clearwater has unanimously directed the creation of a resolution relating to antisemitism. Page 1 City of Clearwater Printed on 4/3/2023 Resolution No. 23-05 RESOLUTION NO. 23-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A NONBINDING DEFINITION OF ANTISEMITISM, DIRECTING CITY STAFF TO FAMILIARIZE THEMSELVES WITH THIS DEFINITION AND CORRESPONDING REFERENCE MATERIALS, INCORPORATING THEIR USAGE WHERE APPROPRIATE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statute 166.041(1)(b) authorizes municipalities to adopt resolutions as an expression of the governing body concerning matters of administration; and WHEREAS, the City Council of the City of Clearwater has unanimously directed the creation of a resolution relating to antisemitism; and WHEREAS, contemporary manifestations of antisemitism may include calling for, aiding, or justifying the harming of Jews; making dehumanizing, demonizing, or stereotypical allegations about Jews; denying the fact, scope, mechanisms, or intentionality of the genocide of the Jewish people during the Holocaust; accusing Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust; accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations; denying the Jewish people their right to self-determination; applying double standards by requiring of Israel a behavior not expected or demanded of any other democratic nation; using symbols and images associated with classic antisemitism; drawing comparisons of contemporary Israeli policy to that of the Nazis; accusing Jews of being responsible for wrongdoing committed by a single Jewish person or group; or holding American Jews collectively responsible for actions of the state of Israel; and WHEREAS, the Anti-Defamation League (ADL) reported that crimes against Jews accounted for 80% of the religiously motivated incidents in Florida in 2020; and WHEREAS, Florida has seen a dramatic rise in antisemitic incidents, according to the ADL's annual Audit of Antisemitic Incidents, including a 50% increase in reported incidents in 2021 over 2020, rising from 127 to 190, including 142 instances of harassment, 47 instances of vandalism and one antisemitic assault; WHEREAS, the International Holocaust Remembrance Alliance (“IHRA”), an international, intergovernmental organization, has established a non-legally binding definition of antisemitism that has been adopted by 37 United Nations member countries, including the United States, 22 individual states within the United States, several cities, and 320 non federal government entities; and [GM07-1310-004/283784/1] Resolution No. 23-05 WHEREAS, the IHRA definition of antisemitism serves as an important tool for law enforcement, public officials, City staff, and community members to help identify, measure, monitor, and ultimately combat antisemitism; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Clearwater City Council hereby adopts the IHRA definition of antisemitism, which reads as follows: “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions, and religious facilities.” Section 2. The Clearwater City Council directs all City employees to rely upon this definition for all City-sanctioned training materials, reference materials, and City publications in any instance where antisemitism is being discussed or anti- Semitic events are reported. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of April, 2023. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0364 Agenda Date: 4/4/2023 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Approve an employment agreement with Jennifer Poirrier appointing her as City Manager and authorize appropriate officials to execute same. SUMMARY: At the March 16, 2023 city council meeting, the Council appointed Jennifer Poirrier as City Manager and directed the City Attorney to negotiate an employment agreement with her. That agreement has been finalized and is attached hereto. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109211-510100, Full Time Salaries, to fund this contract. Page 1 City of Clearwater Printed on 4/3/2023 [GM21-9100-070/271283/1] Page 1 of 8 EMPLOYMENT AGREEMENT This Agreement is entered into this 4th day of April, 2023 by and between the CITY OF CLEARWATER, FLORIDA (hereinafter the “City”), and Jennifer Poirrier (hereinafter the “Employee”). WHEREAS, the City Council voted at a public meeting on March 2, 2023, to begin negotiations with the Employee to serve as City Manager; and WHEREAS, it is the desire of the City Council that the City enter into this agreement to provide certain benefits, establish certain conditions of employment, and set working conditions of the Employee; and WHEREAS, it is the desire of the City Council: (1) to secure and retain the services of Employee and provide inducement for her to remain in such employment; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and (4) to provide a just means for terminating Employee's services; and WHEREAS, the Employee has the professional experience and qualifications in municipal management required to hold the position of City Manager and desires to hold the position under the terms and conditions herein; now therefore, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: Section 1. Duties and Responsibilities. (a) Employee agrees to serve as City Manager of the City of Clearwater and to fill the duties of that office as set forth in the City Code and City Charter and to perform such other legally permissible and proper duties and functions as City Council shall determine. (b) This Employment Agreement and appointment to the office of City Manager shall commence employment April 4, 2023. The Employment Agreement shall remain in effect until terminated by the City or by Employee as provided herein. (c) Employee agrees to remain in the exclusive employ of the City and shall not engage in any other employment or business activity without specific prior approval of the City Council. (d) Employee agrees to continually provide her best efforts to efficiently and effectively perform her duties in a professional manner, uphold the City regulations and policies, support the council/manager form of government as expressed in the City Charter, advance the mission statement values and principles of operation as adopted by the City Council, and abide by ethical standards of conduct including State law, City [GM21-9100-070/271283/1] Page 2 of 8 Code and the Code of Ethics of the International City/County Management Association. Section 2. Residency requirement. (a) Employee shall establish residency within the City within one (1) year of April 4, 2023. For purposes of this Agreement and the City Charter, “residency’ shall require all of the following: no later than April 4, 2024, the Employee shall either purchase or rent a residential dwelling within the municipal limits of the City; the Employee shall update her driver license and voter registration to reflect her rented or purchased residential dwelling within the City; and the Employee shall spend no more than one hundred and eighty (180) evenings per year lodging at a residential dwelling owned or co-owned by the Employee where said dwelling is located outside the City of Clearwater. (b) The parties further agree that the Employee’s residency requirement described in Section 2(a) of this Agreement and Section 3.01 of the City Charter cannot be satisfied while the Employee actively claims homestead outside the City. For that reason, if the Employee has been granted a preexisting homestead exemption for a dwelling outside the City, the Employee shall notify the Pinellas County Property Appraiser no later than April 4, 2024, that she no longer homesteads or resides at the property located outside the City. (c) The parties recognize that the Employee’s spouse is not a party to this Agreement; nor is the Employee’s spouse required by Florida law or the City Charter to relocate to the City. For that reason, the Employee’s spouse may continue claiming homestead at a residential dwelling located outside the City, including after April 4, 2024, but only if the Employee’s spouse remains otherwise eligible to claim homestead at that location under Florida law. Section 3. Term. (a) Employee serves at will at the pleasure of the City Council. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time with or without cause in accordance with the applicable provisions of the City Charter. (b) Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time. (c) Nothing in the agreement shall be construed to establish a fixed term of office. Section 4. Salary and Other Benefits. (a) The City agrees to pay Employee for her services pursuant hereto an annual base salary of two hundred and forty thousand five hundred and sixty U.S. dollars exactly ($240,560.00), made payable in biweekly installments beginning with the pay period [GM21-9100-070/271283/1] Page 3 of 8 inclusive of April 4, 2023. (b) The City agrees to contribute an amount equal to fifteen percent (15%) of Employee's annual base salary to the City's Money Purchase Pension Plan on behalf of Employee, such contributions to be made on a pro rata biweekly basis. (c) Employee shall be covered by federal social security. (d) Employee shall be provided coverage under the City's hospitalization, major medical, and dental programs with the City paying the cost for Employee coverage. This program may at times have multiple plan options for Employee. Employee may at her expense obtain dependent coverage under the program at the City employee group rate if desired and subject to such limitations and available options as provided in such program. (e) In addition to the general leave described below, the Employee will be provided with at least ten (10) paid holidays each year taken in accordance with practices utilized for other executive/managerial personnel. (f) The City agrees to pay the reasonable dues and subscriptions of Employee necessary for full participation in national, regional, state and local associations and organizations necessary and desirable for the good of the City. (g) The City agrees to pay travel and subsistence expenses of Employee for professional and official travel as provided by City policy consistent with state law. (h) Employee will be provided with a three hundred dollar ($300.00) car allowance paid every two (2) weeks. (i) All of the Employee’s existing vacation and sick hours shall be converted into general leave hours at a 1:1 ratio, as of April 4, 2023. The Employee shall cease accruing any vacation hours, sick hours, or floating holidays at that time. Instead, Employee shall begin accruing additional "general leave" in lieu of vacation, sick leave, and floating holidays at a rate of thirty-five (35) days per year to be accrued biweekly beginning on April 4, 2023. (j) Accumulation of general leave shall be capped at one hundred and twenty (120) days. The parties recognize that due to the Employee’s prior service to the City, and the conversion described in the previous subparagraph, the Employee will reach the cap sooner than a City Manager hired externally. To ensure the continuity of service, the Employee shall not utilize more than fifteen (15) consecutive days of general leave, except in the event of an FMLA qualifying condition or with express prior approval of Council. (k) Employee will be provided life and disability insurance as is provided to City Supervisory Administrative Managerial or Professional (“SAMP”) employees. [GM21-9100-070/271283/1] Page 4 of 8 (l) Employee will be provided up to fifteen thousand dollars exactly ($15,000.00) for eligible relocation expenses. For purposes of this agreement, “eligible relocation expenses” include the actual and reasonable cost of professional movers, including packing services; any storage units or facilities; closing costs and down payment toward the purchase of a primary residence within the City of Clearwater. Any eligible relocation expenses must be incurred on or before April 4, 2024, with an invoice submitted to the City no later than May 4, 2024. Any unused balance will be forfeit. The City and Employee jointly recognize that taxes will be withheld as to any eligible relocation expenses if and to the extent required by IRS rules. If the Employee voluntarily terminates her employment on or before April 4, 2026, or if the Employee is involuntarily terminated for cause on or before April 4, 2026, the Employee shall reimburse the City for any monies distributed for eligible relocation expenses. Section 5. Performance evaluation and salary review. (a) Pursuant to Section 2.01(c) of the City Charter, the City Council shall present a report on the evaluation or performance of the City Manager. The parties intend for the Employee’s salary to be evaluated at that time, with the first review occurring in October 2023. (b) The Council, in its sole and absolute discretion, shall decide the format of the evaluation or performance review. The Council may amend that process from time to time, including the incorporation of written or oral evaluation, but the review must occur in October of each calendar year as contemplated by the City Charter and this Agreement. (c) The parties recognize that the Council is under no obligation at any time to adjust the Employee’s salary during the annual performance review. However, the parties agree in good faith to consider the employee’s qualifications, performance during the past year, and the salary available to comparable City Managers in making that determination. (d) The Council may at any time establish goals for the Employee, and the completion of said goals may in the Council’s discretion be reflected on the Employee’s future evaluation(s). Section 6. Termination and Severance Pay. (a) The City specifically agrees that because the City Manager is a full-time employee of the City, the sole remedy for any error, omission, negligence or the like of the City Manager is termination of employment, except as otherwise provided by state law. (b) Termination Without Cause. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform the duties of City Manager and such termination is without cause, then in this event the City agrees to pay Employee on the last day of employment: [GM21-9100-070/271283/1] Page 5 of 8 1. A lump sum cash payment equal to twenty (20) weeks aggregate salary at the rate in effect at the time of termination. (Aggregate salary shall include the base compensation of Employee and the City's contribution to the Money Purchase Pension Plan. The City's Money Purchase Pension Plan payments that are due shall be deposited with the appropriate fund for the benefit of Employee.) 2. All accumulated and unused general leave of Employee. (c) Termination Because of Illness or Injury. In the event Employee is terminated by the City Council because Employee is beset with any chronic, debilitating illness or injury which prevents Employee from undertaking or performing the responsibilities of the position of City Manager, then in that event the City Council agrees to pay Employee on the last day of employment: 1. A lump sum cash payment equal to twenty (20) weeks aggregate salary at the rate in effect at the time of termination. (Aggregate salary shall include the base compensation of Employee and the City's contribution to the Money Purchase Pension Plan. The City's Money Purchase Pension Plan contribution payments that are due shall be deposited with the appropriate fund for the benefit of Employee). 2. All accumulated and unused general leave of Employee. (d) Termination for Cause. In the event Employee is terminated by the City Council for proper and just cause, including but not limited to misfeasance, malfeasance, neglect of duty, a formal finding of an ethics violation by the Florida Commission on Ethics, or conviction of a felony, Employee shall receive no severance pay but shall be paid only for any accrued and unused general leave. (e) Administrative leave required. If exactly three (3) members of the City Council vote to remove the City Manager pursuant to Section 3.02 of the City Charter, then the City Manager shall be required to immediately enter a state of administrative leave. This requirement shall apply regardless of the reason or basis for removal. During a state of administrative leave, the Employee shall remain in paid status without depleting general leave, and continue receiving health insurance and other benefits; however, the Employee shall not instruct or direct City staff, or physically enter or remain in City facilities. If the Employee fails or refuses to enter a state of administrative leave, or fails to comply with the terms of administrative leave, the Employee shall be ineligible for the severance described in Section 6(b) or Section 6(c) of this agreement. The administrative leave shall be lifted if the City Council, upon a second reading, declines to remove the City Manager. (f) Voluntary Resignation. In the event Employee resigns to accept other employment or for reasons other than those enumerated above, Employee shall not receive any severance pay, but shall be paid for the accrued and unused general leave [GM21-9100-070/271283/1] Page 6 of 8 as of the effective date of the resignation. Employee agrees to inform the City Council in writing of voluntary resignation and shall provide at least sixty (60) days' notice in advance unless Employee and City Council otherwise agree. (g) In the event of termination as set forth herein other than a voluntary resignation pursuant to Paragraph (f) or termination for cause pursuant to Paragraph (d) above, the City agrees to continue paying its portion of medical insurance, including but not limited to, COBRA benefits for Employee only, for a period not to exceed the severance period provided herein. In the event that during such period Employee shall obtain other employment wherein such benefits are paid, the City's obligation to continue paying such medical and other insurance shall cease as of the effective date of such other insurance coverage or the end of the severance period, whichever comes first. (h) Termination of Employee's agreement by the City within the meaning of this section shall mean any formal or informal action of the City Council requesting that she resign or dismissing her from her employment with the City. Employee may elect to treat as termination of her employment by the City, within the meaning of this section of the agreement, any other action of the City Council which eliminates or reduces benefits to which Employee is entitled under this Employment Agreement, the City Charter, or the City Code of Ordinances or the role of City Manager as defined in the Charter, in a greater percentage than an applicable across-the board reduction for other executive/managerial personnel of the City whose purpose is to induce Employee to terminate employment with the City. (i) Waiver of legal remedies. Employee agrees that if her employment is terminated pursuant to Section 6(b) or Section 6(c) of this Agreement, then in exchange for the severance provided in that subsection, the Employee hereby expressly waives any right to seek redress for any claim arising under any federal employment law including but not limited to the Americans with Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), along with similar acts arising under Florida law, along with any cause of action the Florida Whistleblower Act or similar statute. Section 7. Other Terms and Conditions of Employment. (a) The City Council shall fix any such other reasonable terms and conditions of employment as it may determine from time to time regarding the performance of Employee provided such terms and conditions are not inconsistent or conflict with the provisions of this agreement, the City Charter, or any other law. Section 8. General Provisions. (a) The members of the City Council and Employee agree to work in the spirit of open communication, cooperation, and an atmosphere of mutual trust and support to attain shared goals. [GM21-9100-070/271283/1] Page 7 of 8 (b) The language of the City Charter as it may be amended from time to time with regard to the powers and duties of the City Manager is incorporated herein by reference. The text herein including the aforesaid provisions of the City Charter and the City Code shall constitute the entire agreement between the parties. (c) This Employment Agreement shall become effective as of April 4, 2023, except as otherwise provided herein, and shall inure to the benefit of Employee, her heirs and personal representatives. (d) If any provision or portion thereof contained in this agreement is held to be unconstitutional or invalid or unenforceable, the remainder of this agreement or portion thereof shall be deemed severable and not be affected and shall remain in full force and effect. (e) The City shall indemnify, defend and hold harmless Employee as provided in Chapter; 2, Article 2, Clearwater Code of Ordinances. Section 9. Entire agreement. This agreement constitutes the entire agreement between the parties hereto as to the matters herein contained and shall not be modified in any respect except by an amendment in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed this _______ day of _____________, 2023. CITY OF CLEARWATER, FLORIDA By: ___________________________ Mayor Approved as to form: Attest: ______________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk [GM21-9100-070/271283/1] Page 8 of 8 EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE: ______________________________ __________________________ Employee Name Date Signed Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0316 Agenda Date: 4/4/2023 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Provide staff direction on amphitheater sponsorship. SUMMARY: Page 1 City of Clearwater Printed on 4/3/2023