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09/04/2012 WORK SESSION AGENDA Council Chambers - City Hall 9/4/2012 - 1:00 PM 1. Presentations 1.1Update on the status of the US 19 Clearwater: Creating Innovative Places project, including a summary of preliminary plan recommendations. (WSO) Attachments 2. Economic Development and Housing 2.1Approve a one-year funding agreement, in the amount of $163,443, between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) Attachments 2.2Approve the Business Lease Contract between the City of Clearwater and Jolley Trolley Transportation of Clearwater, Inc. for the lease of City-owned property located on the northwest corner of North Myrtle Avenue and Hart Street; and authorize appropriate officials to execute same. (consent) Attachments 3. Fire Department 3.1Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2013 and authorize the appropriate officials to execute same. (consent) Attachments 3.2Approve the October 1, 2012 through September 30, 2013 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 4. Financial Services 4.1Approve the purchase of excess and specialty insurance policies from October 1, 2012 to October 1, 2013, at an amount not to exceed $725,000, and authorize the appropriate officials to execute same. (consent) Attachments 4.2Approve settlement of the liability claim for payment not to exceed $33,000 and authorize the appropriate officials to execute same. (consent) Attachments 5. Marine and Aviation 5.1Approve Supplemental 5 Work Order to Engineer of Record (EOR) URS Corporation Southern for Year Three of Remedial Action Plan in the amount of $49,750 and authorize the appropriate officials to execute same. (consent) Attachments 5.2Approve the 5-year Lease, with provision for five 5-year extensions, solely upon agreement of each of the two parties, between the City of Clearwater and Marina Cantina, LLC, owned by Frank Chivas, for 9,285 square feet of interior space and 11,237 square feet of exterior patio space at the Clearwater Marina, and authorize the appropriate officials to execute same. (consent) Attachments 6. Police 6.1Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in Fiscal Year 2012/2013 in the amount of $149,043.67 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program and authorize the appropriate officials to execute same. (consent) Attachments 7. Engineering 7.1Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. Attachments 7.2Approve request from Calvary Baptist Church (a.k.a. First Baptist Church of Clearwater) to vacate a portion of right-of-way known as Bay Street; vacate that certain utility easement reserved by Ordinance 4509-87; amend Ordinance 8169-10; and pass Ordinance 8332-12 on first reading (VAC2012-01). Attachments 8. City Manager 8.1Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater for the purchase of real property located at 409 Cleveland Street, Clearwater, from Ruth Eckerd Hall, Inc., amending provisions requiring delivery of the property without tenants, waiving said requirement, and allowing for delivery of the property with the current tenant in possession only, the Blue Dahlia Marketplace, LLC; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) Attachments 9. Legal 9.1Authorize settlement of Chestine v. City of Clearwater, Case 11-00114-CI-015, for payment by City of $50,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) Attachments 9.2Authorize settlement of Szmyglewski v. City of Clearwater, Case 11-004981-CI-007, for payment by City of $50,000.00 in exchange for a full releases from plaintiff and dismissal of action with prejudice. (consent) Attachments 9.3Adopt Ordinance 8349-12 on second reading, making numerous amendments to the Community Development Code to address the recommendations of the Business Task Force. Attachments 9.4Adopt Ordinance 8352-12 on second reading, annexing certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 9.5Adopt Ordinance 8353-12 on second reading, amending the future land use plan element of the Comprehensive Plan by designating the land use of certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 9.6Adopt Ordinance 8354-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 10. City Manager Verbal Reports 10.1City Manager Verbal Reports Attachments 11. Closing Comments by Mayor 12. Adjourn 13. Presentation(s) for Council Meeting 13.1Carefest Day Proclamation - Pastor Anthony McDaniel of Abundant Life Ministries Attachments 13.2Hispanic Heritage Month Proclamation - Sandra Lythe, CEO of the InterCultural Advocacy Institute Attachments 13.3Library Board Presentation Attachments 13.4Update on Homeless Initiative Attachments Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Update on the status of the US 19 Clearwater: Creating Innovative Places project, including a summary of preliminary plan recommendations. (WSO) SUMMARY: The final phase of work to prepare a redevelopment plan for the US 19 corridor is underway. With assistance from a consultant team led by HDR, the Planning and Development Department is working with corridor stakeholders to define land use and development strategies to leverage the corridor's unique locational advantages, capitalize on market opportunities, and maximize benefits of planned transit and transportation improvements. Planning Phases and Status The highly-interactive process for the project is organized around the following five work tasks Task 1. Project Initiation Task 2. Context Assessments Task 3. Visions, Issues and Ideas Task 4. Preliminary Framework Plan and Strategies Task 5. Final Plan and Strategies Work under Task 1, 2 and 3 is complete, and work under Tasks 4 and 5 is underway. The consultant has prepared preliminary plan strategies and reviewed these with corridor stakeholders and the general public in a Public Workshop held August 14, 2012 and a series of focus group meetings held August 14 and 16, 2012. Engagement Activities To gain feedback on plan recommendations and strategies, the project team has engaged stakeholders as follows: Public Workshop and Listening Sessions. The consultant team and staff planned for and participated in a series of public meetings the week of August 13, 2012. During the sessions, project consultants reviewed information gained during early stages of the study and reviewed a preliminary list of improvement and enhancement strategies. Team members fielded questions from participants on a range of topics, from plans for future phases of US 19 to potential future land uses in locations along the corridor. Representatives from FDOT's US 19 team participated and answered questions regarding the design and timing of US 19 improvements. On-Line Forum. Stakeholder engagement through the project-specific on-line forum myUS19plan . com continues with a recent update to the site allowing participants to review a list of preliminary plan strategies and indicate which they support. Feedback from the Public Workshop, Focus Groups, and On-Line Forum are being used by the project team to refine strategies and prepare the Final Plan and Strategies. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 1 Attachment number 2 \nPage 1 of 3 Item # 1 myUS19plan.com | myUS19plan@myclearwater.com Attachment number 2 \nPage 2 of 3 Item # 1 myUS19plan.com | myUS19plan@myclearwater.com Attachment number 2 \nPage 3 of 3 Item # 1 myUS19plan.com | myUS19plan@myclearwater.com Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year funding agreement, in the amount of $163,443, between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profits mission is to reduce congestion and improve mobility in this area for both tourists and residents. The Jolley Trolley expects to transport 600,000 passengers for Fiscal Year 2011-12, reducing approximately 200,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley accomplishments for Fiscal Year 2011-12 are: Increased ridership to over 600,000 riders Beach route increased between 4-20% each month over prior year Added two new trolleys and three used trolleys (fleet 9.4 years old) Ongoing technology enhancement that will add to the trolley experience Added a compressed natural gas trolley Strengthened documentation of driver safety training and ADA compliance Improved farebox recovery from 18% to 24.1% Increased advertising and local business support to 19.3% Total self funding has risen to 43.4% Jolley Trolleys plans for Fiscal Year 2012-13 include the implementation of technology that will significantly improve the customer experience. In addition, the Jolley Trolley will implement several new services and evaluate two new routes that will further enhance public transit on Clearwater Beach. These activities and evaluations are: Utilize two-way GPS to improve communication with customers and internally between drivers without radios Evaluate adding Safety Harbor and Westfield Mall as connector routes Cover Memo Pursue adding West Bay route as a natural connection to Clearwater Beach Item # 2 Pursue circulators to connect passengers to regular routes Pursue on demand service €expected to improve public transit The Jolley Trolley expense forecast for Fiscal Year 2012-13 is $614,693. It is anticipated that revenue sources will be as follows: 23% from farebox recovery 18% from advertising 27% from City of Clearwater 28% from PSTA $163,443 has been budgeted in the Parking Funds Fiscal Year 2012-13 operating budget to fund this agreement. The Jolley Trolley will be asking PSTA for $168,443, an increase of $18,337, as their contribution to this route. The term of the agreement is for one year. The Economic Development and Housing Department administers the agreement. The attached Jolley Trolleys Business Plan covers the proposed revenues and expenditures for the fiscal year. As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks high-level financials, ridership numbers, accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: 163,433 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0435-01333-582000-545-163,433 000-0000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 2 Attachment number 1 \nPage 1 of 4 Item # 2 Attachment number 1 \nPage 2 of 4 Item # 2 Attachment number 1 \nPage 3 of 4 · · Item # 2 Attachment number 1 \nPage 4 of 4 Item # 2 Tarpon Springs Downtown DodecaneseBlvd Sponge Tarpon DowntownClearwater, Docks OrangeSt Springs NOTE:RoutestaysonAlt19southbound SaffordSt Dunedin,PalmHarbor, North&South TarponAve TARPONSPRINGS andTarponSprings ClearwaterBeach HelenEllis Memorial Hospital RunsOnceanHour RunsEveryHalfHour KlostermanRd Friday,Saturday,andSundayONLY MondaythroughSunday NorthSouth AldermanRd Tarpon IslandIsland BoundBound PALMHARBOR IslandGardenDowntownDowntownSpringsGardenIsland EstatesEstates NebraskaAve BayBeach880BeachBay EstatesAvenueDowntownPalmTarponSpongeDowntownAvenueEstates 11St ParkWalkPublixMandalayPublixWalkPark NOTE:RoutestaysonAlt19southbound PublixClearwaterDunedinHarborSpringsDocksDunedinClearwaterPublix Downtown ––––10:0010:0810:15 FloridaAve Palm ––10:0010:1010:2510:3011:0011:2311:30 Harbor 10:3010:3810:45 ––10:0010:15 DunedinCauseway 10:3010:3711:0011:1011:2511:3012:0012:2312:30 CurlewRd AM HoneymoonIsland 10:1510:2310:3010:4511:0011:0811:15 AM 11:3011:3712:0012:1012:2512:301:001:231:30 Togoto TogotoDunedin 10:4510:5311:0011:1511:3011:3811:45 2:002:232:30 12:3012:371:001:101:251:30 SkinnerBlvd PM Clearwater PalmHarbor,and 11:1511:2311:3011:4512:0012:0812:15 DUNEDIN 1:301:372:002:102:252:303:003:233:30 Beach TarponSprings 11:4511:5312:0012:1512:3012:3812:45 2:302:373:003:103:253:304:004:234:30 Dunedin 1:15 12:1512:2312:3012:451:001:08 Marina PM JessamineCir MainSt 3:303:374:004:104:254:305:005:235:30 Mease 12:4512:531:001:151:301:381:45 CONNECT Dunedin 4:304:375:005:105:255:306:006:236:30 880 Hospital ATPUBLIX 1:151:231:301:452:002:082:15 Mandalay 7:30 5:305:376:006:106:256:307:007:23 1:451:532:002:152:302:382:45 6:306:377:007:107:257:308:008:238:30 KiplingPlaza 700 3:003:15 2:152:232:302:453:08 7:307:378:008:108:258:309:009:239:30 IslandWay AcaciaSt 2:452:533:003:153:303:383:45 Publix 8:308:379:009:109:259:3010:0010:2310:30 Island 3:153:233:303:454:004:084:15 11:30 9:309:3710:0010:1010:2510:3011:0011:23 Estates Frenchy’s 3:453:534:004:154:304:384:45 Plaza 10:3010:3711:0011:1011:2511:3012:00–– Rockaway Clearwater 4:154:234:304:455:005:15 5:08 Grill 11:3011:3712:00–––––– MainLibrary Clearwater 5:45 4:454:535:005:155:305:38 Marine CLEARWATER Historic Clearwater DrewSt Aquarium PostOffice WindwardPsg 5:155:235:305:456:006:086:15 BoatSlips BEACH Wheelchairserviceprovidedonalltrips. Pier 60 DOWNTOWN 5:455:536:006:156:306:386:45 ClevelandSt ThesetripsoperateonFridayandSaturdayonly. MemorialCauseway ParkSt CLEARWATER 6:156:236:306:457:007:15 7:08 Marina NOTE:TheTrolleyservesTarponAve,SaffordSt,andOrangeStinTarponSpri GardenAvenue 7:45 6:456:537:007:157:307:38 11St,andFloridaAveinPalmHarborNorthboundONLY.TheSouthboundtrolle 7:157:237:307:458:008:088:15 Northbound PSTA’sTimesshownarescheduledbutmayvaryduetoweather,traffic,orotherunfo PierceSt Timepoint 7:457:538:008:158:308:388:45 ParkStreet 2ndSt CourtSt Terminal BeachWalk 8:158:238:308:459:009:15 9:08 Public Thereareseveralstopsalongtheroute.JolleyTrolleybusstop CrabbyBill’s Restroom 9:45 8:458:539:009:159:309:38 CourtHouse ChestnutSt 5thSt signsarelocatedrightbelowPSTAbusand/ortrolleystopsigns. Southbound 9:159:239:309:4510:0010:0810:15 Ridersmaytransferforfreebetweenthetwoservices,justask Timepoint 9:459:5310:0010:1510:3010:3810:45 BeachWalk thedriverforatransfer. Timepoints 10:1510:2310:3010:4511:0011:0811:15 Shephard’s 10:4510:5311:0011:1511:30– – JolleyTrolleyfaresarethesameasPSTA,andJolleyTrolley Landmarks passesarevalidonPSTA. Intermittant Wheelchairserviceprovidedonalltrips. SandKeyParkClearwaterSailingCenter MAPNOTTOSCALE ThesetripsoperateonFridayandSaturdayonly. Tolearnmore,calltheJolleyTrolleyat(727)445-1200. SheratonMarriott Timesshownarescheduledbutmayvaryduetoweather,traffic,orotherunfo BayPark Effective10-07-12 TheJolleyTrolleyistheperfectwaytoenjoy sightseeingandshoppingwithoutthestressof findingyourwayaroundtown,parking,andtraffic (Exactchangerequired) jams.Enjoystopsineachofthesetowns: RegularAllDayPass$4.50 TarponSprings ReducedAllDayPass$2.25* TarponSpringsistwocitiesinone.TheHistoric RegularCash$2.00eachway Downtown,withits1900’straindepot,isTarpon’s artandantiquedistrict.TheSpongeDocksbrought ReducedCash$1.00eachway* GreekSpongersin1905andisstillaworkingport YouthCash$1.25eachway* withspongeandfishingboats,shopsandthebest inGreekdining. AdultStudentCash$1.25eachway* Effective10-7-12 PalmHarbor TransferFREEto&fromPSTA Serviceoperatedby WelcometoPalmHarbor!Stopandexperienceour ClearwaterBeach PSTAGOCardsarealsoaccepted. downtownarea,hometomanyhistoricbuildings ClearwaterJolleyTrolley BayPark suchastheRhebaSuttonWhiteChapel.Comeand 483MandalayAve,Ste213 *Reducedfareisofferedto65andolderwithSeniors SheratonSandKey enjoygreatfood,uniqueshopping,funfestivalsand government-issuedphotoIDthatshowsageorPinellas Clearwater,FL33767 Shephard’s eventsheldonFloridaAvenueandat“Pop” SuncoastTransitAuthority(PSTA)IDcard;Medicare (727)445-1200 cardholdersDisabledcitizens(showoriginalcard);and StansellPark,livelynightlife,andentertainment. ClearwaterMarina www.clearwaterjolleytrolley.com withPSTAIDcard.18andyoungermustshowYouth VisitPalmHarborChamberofCommerceorOld CrabbyBill’s government-issuedphotoIDthatshowsage,school PalmHarborMainStreetforinformation. photoID,orPSTAIDcard.mustshowAdultStudents BeachWalk PSTAIDCard. Pier60 Dunedin TheJolleyTrolleyappreciates ClearwaterMarineAquarium Visitquaint,activeDunedinandenjoyunique NOTE:Faresaresubjecttochange. thecommunitysupportand shoppinganddeliciousdining,nightlife,great Publix financialassistanceprovidedby beaches,andfunspecialevents–severalthat IslandEstatesPlaza celebratethecity’sScottishancestry.Plusthere's thePinellasSuncoastTransit Frenchy’sRockawayGrill Toronto/DunedinBlueJaysbaseball,abeautiful NorthandSouthClearwaterBeachservice Authority,theCityofClearwater, 880MandalayAve marina,historicalmuseum,golf,art,andmore! runsonceeveryhalfhour,everyday,Monday theClearwaterDowntown throughSunday. DevelopmentBoard,theCityof DowntownClearwater DowntownClearwater,Dunedin, Dunedin,PinellasCounty,and DowntownClearwater’sClevelandStreetDistrict ServicetodowntownDunedin,downtown PalmHarbor,TarponSprings offersanart-filledstreetscapeoverlooking theCityofTarponSprings. PalmHarbor,anddowntownTarponSprings IslandEstatesPlaza ClearwaterHarbor’sMemorialCausewayBridge. servicerunsonceanhouronFriday,Saturday, DowntownClearwater Enjoyrestaurantsandliveentertainmentatthe andSundayONLY. DowntownDunedin HistoricCapitolTheatre.EveryWednesdayfrom OctobertoMayfindproduceattheFarmer’s DowntownPalmHarbor MarketandamonthlyFridayfestivalandevents DowntownTarponSprings thatattractcrowdsforfreemusicandfun! TarponSpringsSpongeDocks TheJolleyTrolleyserviceisoperatedintwo ClearwaterBeach parts.OneroutecirclesClearwaterBeach whiletheothergoestothemainlandfrom Visit3milesofpowdery,white,sugarsandand IslandEstatesPublixtoservedowntown endlesssunshine.EnjoydailyfestivalsatSunsets atPier60andfreeweekendmovies.Marina,jet Dunedin,PalmHarbor,andTarponSprings. skis,dolphinboattours,fishingandmore.See ClearwaterMarineAquarium,homeofWinterthe ThetrolleysconnectatIslandEstatesPublix. Dolphin.Beachlodging,resorts,spas,restaurants, nightlifeandWorldFamousGroupersandwiches. Tomaketransferringeasier,wesuggestthat Cometakeawalkandenjoyspecialeventsalong youpurchaseaOne-DayUnlimitedRidepass ourfabulousnewBeachWalk. ©PinellasSuncoastTransitAuthority(PSTA)2010 fromthedriver. PrintedmaterialsdesignedbythePSTAMarketingDepartment Attachment number 3 \nPage 1 of 6 Attachment3 JolleyTrolleyBusinessPlan FiscalYear2013 August,2012 Item # 2 Attachment number 3 \nPage 2 of 6 JolleyTrolley2013BusinessPlans TableofContents Page Fiscal2012!--š’¦Œz­w’;“·­vuvvvvvvvvvvvvvvvvvvvv1 ComparativeResults(2009,2010,2011,2012)vvvvvvvvvvv2 2013BusinessPlans 1)2013BusinessPlanSummaryvvvvvvvvvvvvuuvvuu3 2)MonthlyProjectionsvvvvvvvvvvvvvvvvvvvuuv4 3)BeachRouteCғ7z“mvvvvvvvvvvvvvvvvvvvvu5 Item # 2 Attachment number 3 \nPage 3 of 6 Fiscal2012Accomplishments Fiscal2012wasanextremelybusyyearforJolleyTrolley.WhiletheBeachandCoastalRoutes providedstablegrowth,theClearwaterMarineAquarium(CMA)Routestretchedour capabilitiestothelimit.Westillwereabletoaddressmostinitiativesoriginallyplannedfor 2012whicharereportedbelow. 1.Ridershiphasrisentonewrecordlevelsasweexpecttofinishfiscal2012withover 600,000riders!Duringfiscal2011weserved166,053passengers.Ofcourse,CMAhas hadanenormousimpact;however,theBeachRoutehasshown420%increases monthlyandtheCoastalRoute1330%.SpringBreakwashugewith82,000passengers inMarchalone. 2.FleetExpansion(mostlyduetoCMA)continued.Weaddedtwonewtrolleys(#7,#14) andthreeusedtrolleys(#15,#16,and#17).Weeliminatedtheold#7asobsolete. 3.AverageAgeofourfleetisnowat9.4years.Thoughthisisstilltoohigh,twoadditional newtrolleyswithcorrespondingremovalsofouroldestwillhaveadramaticimpacton thesenumbers. 4.Technologyenhancementplanningtothepublictransitsectorbegan.Theseleading edgeserviceinitiativeswillimpressourvisitorsandaddtotheconvenienceofour service. 5.ACompressedNaturalGas(CNG)trolley(#15)wasaddedtoourfleet.Weare extremelypleasedwiththeearlyoperatingresultsandwillseekwaystoexpandour CNGuse. 6.DriverTraininginareasofsafetyandADAcompliancewereimproved.Wehave strengthenedourdocumentationofthistrainingandourfollowuprideswithdrivers haveshowngoodimprovement. p.1 Item # 2 Attachment number 3 \nPage 4 of 6 RidershipResults Ourridershipgrowthhasbeensignificant.Theseresultshavebeenattributedtotechnology implementation,ourfocusoncustomerservice,localbusinessacceptanceandnewrouteswhich complementournetwork. p.2 Item # 2 Attachment number 3 \nPage 5 of 6 Fiscal2013InitiativesandPlans Jolley©šŒŒ;äx­plansforfiscal2013includetheimplementationoftechnologythatwillsignificantly improvethecustomerexperience.Inaddition,wewillimplementseveralnewservicesand evaluatetwonewroutesthatwillfurtherenhancepublictransitonClearwaterBeach.These activitiesandevaluationsarehighlightedbelow. 1.Technology‘wewillutilizetwowayGPStoimprovecommunicationwiththecustomer. Thisisalsoexpectedtoimprovecommunicationinternallybetweendriverswithoutradio communication. 2.SafetyHarborRoute‘wehavebegundiscussionswithSafetyHarborandWestfieldMall aboutconnectingthesedestinationstoourcurrentroutes. 3.WestBayConnection‘wecontinuetobelievethatthisisanaturalconnectionforJolley trolleythatwillprovidebenefitstoboth,visitorsandresidentsofClearwaterBeach.We willpursuethisroute. 4.OnDemand‘Thoughthisnewservicewillbeimplementedontheprivateactivitysideof JolleyTrolley,itisexpectedtoimprovepublictransitaswell.Muchofthisservicewill operateoutsidecurrentoperatinghours. 5.Circulators‘Thisconceptismeanttoconnectpassengerstoregularroutesandcouldbe utilizedinClearwaterBeach,Dunedin,PalmHarborandTarponSprings. Item # 2 p.3 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Business Lease Contract between the City of Clearwater and Jolley Trolley Transportation of Clearwater, Inc. for the lease of City-owned property located on the northwest corner of North Myrtle Avenue and Hart Street; and authorize appropriate officials to execute same. (consent) SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has achieved measurable results over the last few years by increasing ridership 260% over the prior year and improving its overall marketing, funding and operations management. Jolley Trolley has successfully added a Coastal Route from Clearwater Beach to Tarpon Springs with stops in Downtown Clearwater, Dunedin and Palm Harbor. In addition, they have added a connection from Clearwater Marine Aquarium on Island Estates to Winters Dolphin Tale Adventure in downtown. This success has driven the need for increased space requirements in its administration, sales and operations management. For this reason, Jolley Trolley has approached the City with a request to lease City property for its business operations. The proposed site is a vacant commercial building formally used as a field office by the Citys Engineering Department. The building is 4,800 square feet and lies on approximately 0.98 acres of City-owned property. The proposed lease allows the non-profit organization to use the property for the administration of its general business practices in support of tourism and providing public transportation between Clearwater Beach and locations throughout Pinellas County. The market value of the leasehold interest has been estimated by staff to be $28,800 annually. The proposed lease establishes rent at the nominal rate of $1.00 for the term of the lease and the tenant will assume all maintenance responsibilities. This in-kind donation will serve to continue the Citys support of promoting tourism and public transportation on Clearwater Beach. The Jolley Trolley will commit to no increases in its funding request to the City over the next three-year period (through Fiscal Year 2014-15) in exchange for this lease. Any cash funding increases in the next 3 years will come from PSTA or other current funding partners. The lease provides for an initial term of three years with two three-year renewal options. Renewal options are subject to the Citys approval. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 3 Attachment number 1 \nPage 1 of 2 LOCATION MAP PROPOSED LEASE GROVE ST LAURA ST Business Lease Contract JOLLEY TROLLEY TRANSPORTATION of CLEARWATER, INC. (410 N. Myrtle Ave.) Prepared by: Item # 3 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CRM Reviewed By:C_L Date:08/08/2012 Grid #:277B S-T-R:09-29S-15E Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Path: V:\GIS\Engineering\Location Maps\Jolley Trolley 410 N Myrtle.mxd Attachment number 1 \nPage 2 of 2 Item # 3 Attachment number 2 \nPage 1 of 2 Item # 3 Attachment number 2 \nPage 2 of 2 Item # 3 Attachment number 3 \nPage 1 of 9 BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this ____ day of ____________, 2012, between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, as Lessor, and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, as Lessee. W I T N E S S E T H: That the Lessor does lease to the Lessee the following described premises: (Commonly known as 410 Myrtle Avenue, Clearwater, Florida 33756) Such property shall hereinafter be referred to as the"Leased PDemised " Premises" or the "Leased Property. 1. LEASE TERM. The term of this lease shall be for three years; which term will commence on the _____ day of _________________, 2012, and shall continue until midnight on the ______ day of _________________, 2015 (herein called the "Initial Term"). he Lessee shall have the option to extend the term of this lease for two successive periods of three years each (each such period is included in the term "Extended Term" as used herein). No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. Each Extended Term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the extended term period as hereinabove specified. The Lessee shall exercise the option for an extended term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the then current term. Upon such exercise, this lease shall be deemed to be extended without the execution of any further lease or other instrument. Failure to exercise the option for any period shall nullify the option for all subsequent periods. 2. RENT . The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease the sum of One and 00/100 Dollars ($1.00), the receipt and sufficiency of which is hereby acknowledged. 3. USE OF PREMISES . The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used primarily for transportation between Clearwater Beach and locations throughout Pinellas County via the Jolley Trolley. The Lessee hereby represents that it will not create any Environmental Condition or conduct maintenance activities on its trolleys or any vehicles involved in its business, therefore, Lessee shall not cause, or allow any guest, invitee, employee, or agent of Lessee to cause, any Hazardous Item # 3 Attachment number 3 \nPage 2 of 9 Substances (as defined herein) to be used, generated, stored, or disposed of on or about the Premises without the prior written consent of Landlord, which consent may be withheld in the sole discretion of Landlord, and which consent may be revoked at any time. that term is defined in any federal, state, county, or municipal statute, ordinance, regulation, rule, order, judgment, or decree, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Clean Air Act; the Water Pollution Control Act (the Clean Water Act); the Toxic Substances Control Act, the Safe Drinking Water Act, and the Insecticide, Fungicide and Rodenticide Act, as amended, and the state counterparts of those laws; (ii) any material or substance which is now listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101); and (iii) any contaminant, oil, petroleum product or by-product, radioactive material or by product, any mining waste, toxic substance, hazardous waste, or other material, the removal of which is required or the existence or management of which is prohibited, penalized, or regulated by any federal, state, or local government agency, authority, or unit. 4. UTILITIES AND COMMON AREA MAINTENANCE . Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. Lessee shall be responsible for all maintenance including but not limited to landscaping and building maintenance of all areas within the fence, said fence generally lying along the boundary of and within the Leased Premises. 5. TAXES AND ASSESSMENTS. If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the leased preises, based on the L use of the leased premises during the term of this Lease, the Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving written notice from the Lessor. In the event the Lessee fails to pay all such taxes assessed or levied on the leased premises within thirty (30) days after receiving written notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, subject to immediate reimbursement thereof together with any interest, calculated at the maximum rate allowed by law, and any administrative costs incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this paragraph will constitute a material default of this Lease. 6. OBSERVANCE OF LAWS AND ORDINANCES . Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 7. ASSIGNMENT OR SUBLEASE . Item # 3 Page 2 of 9 Attachment number 3 \nPage 3 of 9 Lessee shall not assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Upon any attempt to assign this Lease, this Lease shall become immediately null and void in its entirety, excepting only obligations previously accrued or intended by the parties to survive this Lease. Lessor may assign this lease at its sole discretion. 8. ALTERATIONS AND IMPROVEMENTS . The Lessee shall not makeany structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessors option, the Lessee shall restore the leased property at Lessees expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit s liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanics liens for materials or labor claimed to have been furnished to the premiseson Lessees behalf. Not later than the last day of the term Lessee shall, at Lessees expense, remove all of Lessees personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for thecost of such removal. 9. RISK OF LOSS . All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are apart of or any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 10. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute Item # 3 Page 3 of 9 Attachment number 3 \nPage 4 of 9 recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any invitee, person or persons in the employ or under the control of the Lessee. 12. INSURANCE . attached hereto and made a part hereof as if said document were fully set forth at length herein. 13. MAINTENANCE . Lessee shall keep the foundation, outer walls, roof and buried conduits of the premises in good repair. Lessor shall not be called on to make any such repairs occasioned by the negligence of the Lessee, its agents, express or implied invitees, or employees. Lessee shall keep the interior and exterior of said premises including but not limited to doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmentalagencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which theyare constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense, except where the repairs or replacements shall be caused by the negligence or misuse by Lessor or its employees, agents, invitees, or licensees. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand, and said monies shall become additional rent due hereunder. Lessee's failure to make such repayment within the ten (10) day period shall constitute a material default under the terms of this lease. Lessee shall not be required to pay for any single repair or replacement in excess of Five Thousand Dollars ($5,000) per year with respect to property maintenance. Should any single repair or replacement exceed $5,000, Lessor may, at its sole discretion, pay the excess costs. If Lessor chooses to not pay the excess costs, Lessee may terminate this Lease. 14. DESTRUCTION OF PREMISES . In the event that the building should be partially or totally destroyed by fire, earthquake or any other cause, either party may terminate this Lease immediately. In the event that the building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise provided herein. If the Lessor intends to rebuild or repair the premises, in its sole discretion, then Lessor, within fifteen (15) days after the date of such damage, give written notice to Lessee of the intention to Item # 3 Page 4 of 9 Attachment number 3 \nPage 5 of 9 rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. However, Lessor shall not be required to rebuild, repair or replace any improvements or alterations made by Lessee within the building. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the Lessor may either terminate the lease or continue with the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee shall, at its own expense, restore all work required to be done in accordance with, and to the extent of, any and all Lessee obligations hereunder. 15. EMINENT DOMAIN . If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right toeither terminate this lease or to continue in possession of theremainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 16. SUBORDINATION . This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. 17. DEFAULT; REMEDIES . (a) The Lessee further covenants that, if default shall be made in the payment of rent, or any additional rent, when due, or if the Lessee shall violate anyof the othercovenants of this lease and fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i)re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee and receive the rent therefor and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor Item # 3 Page 5 of 9 Attachment number 3 \nPage 6 of 9 may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this lease andthe rent actually received by Lessor from the leased property for the balance of said term. (c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this lease. (d). Lessor at its option, may terminate this Lease in the event City Council determines at a duly constituted City Council meeting that the Leased Premises are needed for other municipal purposes and serves Lessee with sixty (60) days written notice of such intended use. By way of example and not limitation, budgetary concerns or shortfalls shall be considered municipal purpose. 18. MISCELLANEOUS . (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the partieshereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except signs which shall be subject to the prior approval of the Lessor and in accordance with the Clearwater Code of Ordinances and other applicable law. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. Item # 3 Page 6 of 9 Attachment number 3 \nPage 7 of 9 (h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. 19. SUBROGATION. The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all of the other covenants and conditions contained in this lease to be performed by the Lessee. 20. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 21. PARKING SPACES . Lessee shall have the right to use the parking lot adjacent to the building, which shall be a included in the Leased Premises herein). 22. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessees use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanics lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable a 23. . obligation to improve or remodel the leased premises. Lessee acknowledges that Lessor has Item # 3 Page 7 of 9 Attachment number 3 \nPage 8 of 9 certain information regarding the environmental condition of the Leased Premises and surrounding properties owned by Lessor, and copies of s Environmental Reports related to same. Lessee may, at its expense, conduct all other studies and tests it deems necessary to satisfy itself regarding the environmental condition of the Property and suitability for its occupation. Lessee acknowledges and agrees that, except for obligations and warranties expressly provided for in this Lease, Lessee condition of the Property, and shall hold Lessor harmless and indemnify, defend, and protect Lessor from and against any and all losses, costs, liabilities, claims, obligations, fines, penalties, actions, suits, proceedings, judgments, damages and/or expenses (including, without limitation, reasonable attorneys', contractors', and consultants' fees) incurred by, imposed upon, or commenced or asserted against Lessor at any time in the future, which are suffered by Lessee in connection with same. Lessee acknowledges that, except as hereinafter provided, Lessor makes no guarantee, representation or warranty, express or implied, regarding the environmental condition of the Property and, except as hereinafter provided, Lessor expressly disclaims any and all obligation and liability to Lessee regarding any physical or environmental defects which may exist with respect to the Property. 24. CONSTRUCTIVE EVICTION . Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 25. JANITORIAL EXPENSES . Lessee shall obtain janitorial services for the leased premises at its expense. 26. SEVERANCE . The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 27. CAPTIONS . The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. NO HAZARDOUS MATERIALS 28. . The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to Item # 3 Page 8 of 9 Attachment number 3 \nPage 9 of 9 indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 29. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 30. FEES . In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 31. GOVERNING LAW . The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: ______________________________ By: ________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _____________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk JOLLEY TROLLEY TRANS. OF CLEARWATER, INC. Attest: ________________________________ By: ________________________________ ________________________________ Print Name: ___________________________ Print Name Title: ________________________________ Item # 3 Page 9 of 9 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: Response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man- made or natural disaster or public service request; Command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; Investigation of any fire to determine the cause and original; Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and Education of the public in fire prevention, life safety and disaster preparedness, in accordance with Section 413. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. In Fiscal Year 2009/10, 2010/11, and 2011/12 the Fire Protection Authority and the contract providers extended the contract for one year respectively, now ending September 30, 2012. In Fiscal Year 2012-2013, the Fire Protection Authority and the contract providers have agreed to extend the contract for another one-year period ending September 30, 2013. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2013. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2012 under the same terms as the previous contract. Under that contract 11.86% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2012. Therefore, the County reimbursed the City 11.86% of the net department budget or approximately $2.1 Million for fiscal year 2012. The Cover Memo reimbursement percentage can fluctuate year to year as property values within the fire district change. Item # 4 Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 4 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the October 1, 2012 through September 30, 2013 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has contracted with an ambulance contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. The County began a review in 2010 of the Emergency Medical Services system and that review is on-going and should be completed during fiscal year 2013. While the study is on-going, the County has offered several one-year agreements. Compensation for the fiscal year commencing October 1, 2012 and ending September 30, 2013 shall be $5,467,634. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2012. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 5 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the purchase of excess and specialty insurance policies from October 1, 2012 to October 1, 2013, at an amount not to exceed $725,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance coverages through the efforts of two brokers: Wells Fargo (Florida) and Arthur J. Gallagher and Company. These coverages include Crime, and Excess for General Liability/Automobile/Employee Benefits Liability/Workers Compensation/Public Officials and Law Enforcement Liability; Crime; Marine Operator's Liability; EMS General Liability; Compressed Natural Gas Liability (primary and excess); Third Party Storage Tank Liability; Hull Protection and Indemnity; and various Flood policies; per attached. In addition to the above coverages, staff is recommending two new policies regarding Bright House Field: flood and environmental/pollution. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $725,000 Not to Exceed:Total Cost: $725,000 For Fiscal Year: 10/1/2012 to 9/30/2013 Appropriation CodeAmountAppropriation Comment 590-07000-545100-519- 000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 6 Attachment number 1 \nPage 1 of 1 City of Clearwater Excess and Specialty Insurance Renewals October 1, 2012 thru September 30, 2013 Percentage Renewal Prior Amount Paid Proposed Amount PolicyIncrease / Duefor FY 2011-2012for FY 2012-2013 (Decrease) Broker: Wells Fargo Insurance Services USA, Inc. Excess General Liability/ Auto/ Employee Benefits/ Workers' Compensation/ Public Officials/ Law 10/1/2012$369,745.00$384,940.004.1% Enforcement Crime 10/1/2012 17,416.05 17,769.982.0% Broker: Arthur J. Gallagher Risk Management Services, Inc. Marine Operator's Liability10/1/2012 17,355.22 17,338.51-0.1% EMS General Liability10/1/2012 83,588.71 86,554.183.5% Compressed Nat'l Gas Liability10/1/2012 20,260.00 20,260.000.0% Third Party Storage Tank Liability5/20/2013 12,054.16 13,862.28*15.0% Hull & P&I5/22/2013 8,153.64 9,376.69 *15.0% Flood: 651 N. Old Coachman Rd2/20/2013 976.00 1,122.40 *15.0% Flood: 180 Gulfview Blvd6/11/2013 12,874.00 14,805.10*15.0% Flood: 534 Mandalay Ave6/12/2013 4,202.00 4,832.30 *15.0% Flood: 700 Bayway Blvd6/12/2013 1,437.00 1,652.55 *15.0% Flood: 1 Causeway Blvd6/23/2013 3,462.00 3,981.30 *15.0% Flood: 1001 Gulf Blvd8/3/2013 808.00 929.20*15.0% Flood: 1605 Harbor Dr9/29/2012 1,072.00 1,098.00 2.4% Flood: 25 Causeway Blvd.11/12/2012 6,662.00 7,661.30 *15.0% Flood: 69 Bay Esplanade11/12/2012 7,851.00 9,028.65 *15.0% Flood: 3141-3157 Gulf to Bay Blvd11/12/2012 9,732.00 11,191.80*15.0% Subtotal Existing Policies 577,648.78 606,404.245.0% New / Additional Policies: Flood: Bright House Field N/A 25,000.00**New Enviro: Bright House Field N/A 75,000.00**New Total All Policies 577,648.78 706,404.2422.3% Contingency 22,351.22 18,595.76-16.8% Total Requested$600,000.00$725,000.0020.8% * Estimated using a 15% increase **Estimated amount for new policies Item # 6 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve settlement of the liability claim for payment not to exceed $33,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 7, 2012 the claimants residence suffered a wastewater backup as a result of a root blockage on the City side of the Waste Water System. The claimants home suffered damages to personal property and wastewater damages to the entry/foyer, dining room, Florida room, office, kitchen, pantry, laundry room, hallway, front bedroom, bathroom and master bedroom. Floor coverings, drywall, wall trim, etc., must be removed and replaced to repair the wastewater damages. The expenses will not exceed $33,000. The Citys limit of liability as provided by Section 768.28, Florida Statutes is $200,000/$300,000. The Citys Risk Management Division and the Citys Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Appropriation CodeAmountAppropriation Comment 590-07000-545900-519-000$33,000.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 7 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Supplemental 5 Work Order to Engineer of Record (EOR) URS Corporation Southern for Year Three of Remedial Action Plan in the amount of $49,750 and authorize the appropriate officials to execute same. (consent) SUMMARY: June 1, 2007, a Work Order was approved to EOR URS for sampling in preparation of a Remedial Action Plan (RAP) as required by Florida Department of Environmental Protection (FDEP) for Clearwater Airpark which has been impacted with aviation fuel, in the amount of $4,260. Over time, additional sampling and assessments were necessary to finalize the RAP, which resulted in approvals of supplemental work orders 1 and 2 totaling $43,345 increasing the total value to $47,605. August 6, 2009, City Council approved supplemental work order 3, which addressed installation and startup of the remedial system, as well as the operation, maintenance, monitoring and reporting for the first year of remedial activities in the amount of $235,250 for a total work order value of $282,855. Supplemental 4 was for continued operations (Year- 2) which included on-going system maintenance, monitoring, sampling and reporting in the amount of $62,700.00 for a total work order valued at $345,555 of which Florida Department of Transportation has funded with a $99,568 grant . Supplemental 5 work order initiative addresses the operation, maintenance, monitoring, and reporting (Year 3) in the amount of $49,750. The Florida Department of Transportation will reimburse $39,800 (80%) with grant funding. The $49,750 will come from Capital Improvement Program (CIP) project 0315-94871, Clearwater Airpark Enhancements. Remediation of the site is expected to be completed during Year 3 with some post groundwater monitoring to verify cleanup. Type: Other Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $49,750.00 Not to Exceed:Total Cost: $49,750.00$49,750.00 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 315-94871$49,750.00Clearwater Airpark Enhancements Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Item # 8 Attachment number 1 \nPage 1 of 3 Item # 8 Attachment number 1 \nPage 2 of 3 Item # 8 Attachment number 1 \nPage 3 of 3 Item # 8 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 5-year Lease, with provision for five 5-year extensions, solely upon agreement of each of the two parties, between the City of Clearwater and Marina Cantina, LLC, owned by Frank Chivas, for 9,285 square feet of interior space and 11,237 square feet of exterior patio space at the Clearwater Marina, and authorize the appropriate officials to execute same. (consent) SUMMARY: Frank Chivas, current lessee of 9,000+/- square feet of space at the Clearwater Marina, has approached the City with a proposal to expand his leasehold interest in the Marina for developing a destination restaurant incorporating his current leasehold property, assuming the expired lease for the current gift shop (effective January 1, 2013), and placing approximately 11,237 square feet of previously undeveloped and/or unleased roof area on the second and third floors under lease for patio space attendant to his restaurant. Exact areas included in the leasehold are delineated in the lease. To maximize the efficiency of the restaurant, he is underwriting the cost of relocating the Marina Department offices from the second to the first floors. Finally, in order to incorporate the restaurant appropriately into the Marina, he proposes an exterior renovation of the spaces under his leasehold to return the architectural theme more closely to the original appearance when the Marina was constructed. Rent is structured on a per square foot basis for the 9,285 square feet of interior space, with the exterior, seasonal patio square footage being compensated by the 8% City share of alcohol sales from the facility. The estimated lessee investment of $2.5 Million of which $1.376 Million is capital cost (as detailed in Exhibit E) of the Lease Document is subject to capital cost capitalization of construction. The investment is amortized over 12 years at a rate below current market rate to compensate for the investment. The base rent will be $9.00 per square foot for years 1 through 7 and $17.50 per square foot for years 8 through 12. Additional rent of 8% of gross alcohol sales commences upon the completion of the restaurant no later than year 3. Subsequently in addition to the 8% of gross alcohol sales, beginning in year 13, rent for the enclosed square footage increases to $20 per square foot, which is the current market rate for commercial space at the Marina. Rent increases by a minimum of 10% every 7-year period thereafter. Projected revenue to the City, should the lessee be renewed for the full 30-year period, is projected to be nearly $9 Million, in addition to the $2.5 Million investment by the lessee. If the Lessor does not consent for an additional term or terminates the lease for municipal need, provisions in Exhibit F (paragraph 1) apply to the unamortized remaining principal of the capital costs of construction over the first 12 years. Staff supports this lease agreement, as in the best interest of the City and the Marine Enterprise Fund, for the following reasons: 1)The projected revenue structure and lease is consistent with the intent and objectives of the Marina Business Plan, in providing both capital and operating revenue stabilization for the Marina Enterprise Fund into the future; 2)The lessee is an established, successful restaurateur and business owner, providing a high likelihood of restaurant and revenue stream success; 3)The anticipated success of the restaurant ,and enhanced Marina facility, will support and leverage the overall tourist attraction and economic performance of the Beach area in general and for the Marina per se: Cover Memo 4)The $1.376 Million capital improvements will provide modernization, enhancement and City value capture for the entire marina, not just the leasehold areas, to the benefit of the taxpayers and Marina facility users in capital investment avoidance Item # 9 and facility enhancement; 5)The physical restoration of the facility to approximate its original design will provide assurance to the community that the marina will remain an appropriate structure in the area redevelopment; 6)Should economic or operational performance fail to meet City expectations, the City has the unilateral and unrestricted right of non-renewal at any five-year renewal point. Review Approval: 1) Clerk 2) Assistant City Manager ED 3) City Manager 4) Clerk Cover Memo Item # 9 Attachment number 1 \nPage 1 of 1 Item # 9 Attachment number 2 \nPage 1 of 2 Item # 9 Attachment number 2 \nPage 2 of 2 * Item # 9 Attachment number 3 \nPage 1 of 21 Item # 9 Attachment number 3 \nPage 2 of 21 Item # 9 Attachment number 3 \nPage 3 of 21 Item # 9 Attachment number 3 \nPage 4 of 21 Item # 9 Attachment number 3 \nPage 5 of 21 Item # 9 Attachment number 3 \nPage 6 of 21 Item # 9 Attachment number 3 \nPage 7 of 21 Item # 9 Attachment number 3 \nPage 8 of 21 Item # 9 Attachment number 3 \nPage 9 of 21 Item # 9 Attachment number 3 \nPage 10 of 21 Item # 9 Attachment number 3 \nPage 11 of 21 Item # 9 Attachment number 3 \nPage 12 of 21 Item # 9 Attachment number 3 \nPage 13 of 21 Item # 9 Attachment number 3 \nPage 14 of 21 Item # 9 Attachment number 3 \nPage 15 of 21 Item # 9 Attachment number 3 \nPage 16 of 21 Item # 9 Attachment number 3 \nPage 17 of 21 1. a. b. c. 2. 3. 4. Item # 9 Attachment number 3 \nPage 18 of 21 Item # 9 Attachment number 3 \nPage 19 of 21 Item # 9 Attachment number 3 \nPage 20 of 21 Item # 9 Attachment number 3 \nPage 21 of 21 Item # 9 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in Fiscal Year 2012/2013 in the amount of $149,043.67 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program and authorize the appropriate officials to execute same. (consent) SUMMARY: The CRA approved the East Gateway District FiveYear Action Program on May 13, 2008. The Action Program responded to public input on the issues of drug dealing, prostitution and street crime by including an action item for increased police presence and crime reduction within the East Gateway District. An allowable funding source of this action item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statues allows for the use of TIF funds for community policing innovations in Community Redevelopment Areas. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/East Gateway area. Funding will be from the CRA East Gateway Project account (388-94849). Appropriation CodeAmountAppropriation Comment 388-94849 $149,043.67 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10 Attachment number 1 \nPage 1 of 1 Item # 10 Attachment number 2 \nPage 1 of 6 Item # 10 Attachment number 2 \nPage 2 of 6 Item # 10 Attachment number 2 \nPage 3 of 6 Item # 10 Attachment number 2 \nPage 4 of 6 Item # 10 Attachment number 2 \nPage 5 of 6 Item # 10 Attachment number 2 \nPage 6 of 6 Item # 10 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. SUMMARY: Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City to change the name of First Avenue North to Dimmitt Drive. The subject street extends from its western terminus at US Highway 19 North to its eastern terminus at Chautauqua Avenue for a total length of approximately 546 feet. Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the north and south sides of First Avenue North; both owners are associated with the Dimmitt dealership operations. Pinellas County and the local Postmaster of the United States Postal Service have each submitted a letter of no objection to the request. The Engineering Department conducted an interdepartmental review of the request. Representatives of all City departments, potentially affected by the vacation, have no objection to the request. Review Approval: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 2 RESOLUTION NO. 12-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, PURSUANT TO SEC. 28.02, CLEARWATER CODE OF ORDINANCES, CHANGING THE NAME OF FIRST AVENUE NORTH LYING EAST OF US HIGHWAY 19, WEST OF CHAUTAUQUA AVENUE AND WITHIN THE CITY LIMITS OF CLEARWATER, TO ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater received a petition from a local business owner, who owns all real property with frontage along First Avenue North, requesting the street name change; and WHEREAS, the City of Clearwater, pursuant to Sec. 28.02 Clearwater City Code of Ordinances wishes to change the name of First Avenue North lying east of US Highway 19 North, west of Chautauqua Avenue and within the City limits of Clearwater, ;ow, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. First Avenue North, lying east of US Highway 19 North, west of Chautauqua Avenue and within the City Limits of Clearwater, as shown on the attached Exhib Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Item # 11 Resolution No. 12- 13 Attachment number 1 \nPage 2 of 2 EXHIBIT A RD ENTERPRISE FOURTHAVE N THIRDAVE N SECOND AVE N Lakebreeze Ln N Lakebreeze Ln S Dr DR CT N RD McCORMICK DR Chels CT S CAMDEN ² Resolution 12-13: 0300600 Street Name Change Item # 11 First Ave N to Dimmitt Dr Feet Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CD Reviewed By:CL Date:07/23/2012 Grid #:233A S-T-R:32-28-16 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 2 \nPage 1 of 1 LOCATION MAP RD ENTERPRISE FOURTHAVE N AVE THIRDN SECOND AVEN Lakebreeze Ln N Lakebreeze Ln S Dr DR CT N RD McCORMICK DR Che CTS ² Dimmitt Chevrolet: Legend 25485 US HIGHWAY 19 N Item # 11 Dimmitt Chevrolet Parcel Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CD Reviewed By:CL Date:07/19/2012 Grid #:233A S-T-R:32-28-16 Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Item # 11 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve request from Calvary Baptist Church (a.k.a. First Baptist Church of Clearwater) to vacate a portion of right-of-way known as Bay Street; vacate that certain utility easement reserved by Ordinance 4509-87; amend Ordinance 8169-10; and pass Ordinance 8332-12 on first reading (VAC2012-01). SUMMARY: In 2010, First Baptist Church of Clearwater, Inc.,(Applicant), requested the vacation of several portions of City rights-of-way for the construction of athletic facilities. Council approved the request and passed Ordinance 8169-10. In an oversight at that time, the Applicant failed to include a portion of Bay Street in its vacation request to accommodate its future expansion plans. Those plans now include the expansion of the existing athletic facilities complex. The portion of Bay Street now proposed for vacation is an unimproved right-of-way. Ordinance 8169-10 included vacated property beyond the limits of the right-of-way. Ordinance 8332-12 will amend Ordinance 8169-10 and will provide the correct legal description. In 1987, a drainage and utility easement adjacent to Bay Street was reserved by the City. This easement is not needed for City use and will be rendered inaccessible with the adoption of Ordinance 8332-12. Progress Energy, Bright House, Knology and Verizon have no facilities within the right-of-way proposed for vacation and have no objection to the request. The Engineering Department conducted an interdepartmental review of the vacation request. All City service and utility providers, potentially affected by the vacation, have no objection to the request. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 12 Attachment number 1 \nPage 1 of 1 LOCATION MAP PROPOSED VACATION of PORTION of BAY ST. AMENDMENT TO OR. 8169-10 VACATE a DRAINAGE & UTILITY EASEMENT CAROLINA AVE Vacation and Amendment of Ordinance of Portion of Bay St. Ord. #8332-12 Prepared by: Item # 12 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CRM Reviewed By:C_L Date:07/30/2012 Grid #:292A S-T-R:16-29S-16E Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 2 \nPage 1 of 6 ORDINANCE NO. 8332-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THAT CERTAIN PORTION OF LAND LYING EAST OF AND ADJACENT TO, BLOCK 2, MAP OR , AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND VACATING THAT CERTAIN 15-FOOT DRAINAGE AND UTILITY EASEMENT BEING 7-1/2 FEET EACH SIDE OF THE ORIGINAL CENTERLINE OF VACATED KENTUCKY AVENUE LYING SOUTH OF LOTS 6 AND 7, BLOCK 2 AND NORTH OF LOTS 4 AND 5, BLOCK 3, BAY VIEW CITY SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 43 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, AND AMENDING ORDINANCE NO. 8169-10, WHICH VACATED A PORTION OF LAND LYING EAST OF LOT 5, BLOCK 2, BAY VIEW CITY SUBDIVISION INACCURATELY; PROVIDING AN EFFECTIVE DATE. WHEREAS, First Baptist Church of Clearwater, Inc., a.k.a. Calvary Baptist Church of Clearwater, owner of real property adjoining the right-of-way described herein and depicted in Exhi, has requested that the City vacate said right-of- way; and WHEREAS, the Drainage and Utility Easement described herein and depicted in B, recorded in Book 6645, Page 670 of the Official Records of Pinellas County, Florida, is not utilized by the City for drainage and utility purposes and will be rendered unusable following the vacation of the right-of-way described herein and depicted in E; and WHEREAS, Ordinance 8169-10, passed and adopted by the Clearwater City Council on June 17, 2010, vacated various portions of right-of-way, of which, it has been determined that the legal description of one portion of right-of-way vacated by the aforementioned ordinance is inaccurate; and WHEREAS, the City Council finds that said right-of-way and easement are not necessary for public use, thus should be vacated, and it is it is deemed that Ordinance 8169-10 be amended to provide an accurate legal description and a corrected exhibit also be appended to Ordinance 8169-10, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Item # 12 Ordinance No. 8332-12 Attachment number 2 \nPage 2 of 6 That certain portion of land lying east of and adjacent to Block 2, map or plat entitled Pinellas County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 5, Block 2 of said Map or Plat entitled "Bay View City Subdivision; thence N.00°29'25"E., a distance of 30.00 feet to a point on the original northerly right-of-way line of Virginia Avenue, thence S.89°29'22"E., a distance of 20.00 feet along said original northerly right-of-way line of Virginia Avenue, thence S.00°29'25"W., a distance of 360.75 feet along the easterly right-of- ; thence N.89°30'35"W, a distance of 20.00 feet to a point on the original southerly right-of-way line of Kentucky Avenue, also being the northeast corner of Lot 5, Block 3 thence N.00°29'25"E., along the westerly right-of-way line of Bay Street per the 330.75 feet to the point of beginning, and that certain 15-foot Drainage and Utility Easement being 7-1/2 feet each side of the original centerline of vacated Kentucky Avenue lying south of Lots 6 and 7, Block 2, and north of Lots 4 and 5, Block 3, Bay View City Subdivision, according to the map or plat thereof as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, said easement having been recorded in Book 6645, Page 670 of the Official Records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. That Ordinance 8169-10 be amended by adding the underlined language and deleting the stricken language as follows: ********* Page 43, of the Public Records of Pinellas County, Florida. Being more particularly described as follows:A 20-foot portion of land lying Book 9, Page 43 of the Public Records of Pinellas County, Florida, bounded on the south by the center line of the vacated alley (O.R. 16961, Pg. 1670), lying south of Lot 5, Block 2, and bounded on the north by the north boundary of the vacated right-of-way of Virginia Avenue (O.R. 16961, Pg. 1670), being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being e of 30.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of- g the easterly right-of- way line of Bay Street, perpendicular to the intersection of the westerly right-of-way line of distance of 60.00 feet to a point along said centerline of the alley dividing Block 2 of said Item # 12 Ordinance No. 8332-12 Attachment number 2 \nPage 3 of 6 a distance of 127.75 feet to the northwest corner of Point of Beginning, andBegin at the northeast corner of Lot 5, Block 2 of said Map or Plat N.00°29'25"E., a distance of 30.00 feet to a point on the original northerly right-of-way line of Virginia Avenue, thence S.89°29'22"E., a distance of 20.00 feet along said original northerly right-of-way line of Virginia Avenue, thence S.00°29'25"W., a distance of 165.75 feet along the original easterly right-of-way N.89°29'22"W, a distance of 20.00 feet to a point on the original westerly right-of-way line of Bay Street; thence N.00°29'25"E., along the original westerly right-of-way line of feet to the point of beginning, and ********* Section 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________________ ________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 12 Ordinance No. 8332-12 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater for the purchase of real property located at 409 Cleveland Street, Clearwater, from Ruth Eckerd Hall, Inc., amending provisions requiring delivery of the property without tenants, waiving said requirement, and allowing for delivery of the property with the current tenant in possession only, the Blue Dahlia Marketplace, LLC; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The purchase contract between the City and Ruth Eckerd Hall requires the Hall to deliver the 409 Cleveland Street building to the City without any tenants. The building is currently occupied by Blue Dahlia Marketplace, a quality retail boutique that has been a part of the City and CRA redevelopment and retail repopulation effort in the Cleveland Street District. As a result of the need to acquire and incorporate the premises into the Capital Theatre renovation project, the City could lose this important retail pioneer from the District. The CRA is working with Blue Dahlia Marketplace, to provide a retail relocation assistance grant and incorporate the boutique into the 410 -412Cleveland Street property. However, the time requirement for the build out will exceed the closing date anticipated for the 409 Cleveland Street parcel, requiring a closure of the business. The First Amendment to the Contract for Purchase would allow the City to take possession with the current tenant in Place and provide the time for orderly consideration of relocation assistance and, if approved, build out of the 410-412 Cleveland Street space, to allow retention of this retail establishment in the Cleveland Street District. Since the tenant is currently on a month-to-month lease, said lease will terminate upon change of ownership. The City Manager will subsequently issue a license agreement to allow continued occupancy. Staff recommends approval of the Amendment. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 13 Attachment number 1 \nPage 1 of 3 Item # 13 Attachment number 1 \nPage 2 of 3 Item # 13 Attachment number 1 \nPage 3 of 3 Item # 13 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize settlement of Chestine v. City of Clearwater, Case 11-00114-CI-015, for payment by City of $50,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) SUMMARY: This case arises from an incident that occurred on April 3, 2010, at 1310 N. Martin Luther King Jr. Ave., Clearwater, Florida. Marque Chestine was riding a bicycle when he was struck by a Clearwater Police vehicle. The accident allegedly resulted Mr. Chestine suffering several herniated disc and aggravating a pre-existing knee injury. Plaintiff has incurred approximately $15,000.00 in medical bills to date and is expected to incur future medical expenses of approximately $200,000.00. The settlement agreement would provide that the City would pay Marque Chestine the sum of $50,000.00 in exchange for full release and dismissal of the case with prejudice. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $50,000.00 Not to Exceed:Total Cost: For Fiscal Year: 10/01/2011 to 09/30/2012 Appropriation CodeAmountAppropriation Comment 59007000545900519000$50,000.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 14 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize settlement of Szmyglewski v. City of Clearwater, Case 11-004981-CI-007, for payment by City of $50,000.00 in exchange for a full releases from plaintiff and dismissal of action with prejudice. (consent) SUMMARY: This case arises from an incident that occurred on June 6, 2010, at the intersection of Drew Street and Belcher Road, Clearwater, Florida, in which a City employee operating a City vehicle collided with a vehicle in which Rafal Szmyglewski was a passenger. The plaintiff allegedly received injuries, including several herniated disc, and subsequently undergoing surgery as a result. Plaintiff has incurred nearly $100,000.00 in medical bills to date and is expected to incur future medical expenses of approximately $25,000.00. The settlement agreement would provide that the City would pay Rafal Szmyglewski the sum of $50,000.00 in exchange for full release and dismissal of the case with prejudice. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $50,000.00 Not to Exceed:Total Cost: For Fiscal Year: 10/01/2011 to 09/30/2012 Appropriation CodeAmountAppropriation Comment 590-07000-545-900-519-$50,000.00 000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 15 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8349-12 on second reading, making numerous amendments to the Community Development Code to address the recommendations of the Business Task Force. SUMMARY: Review Approval: Cover Memo Item # 16 Attachment number 1 \nPage 1 of 43 Item # 16 Attachment number 1 \nPage 2 of 43 Item # 16 Attachment number 1 \nPage 3 of 43 Item # 16 Attachment number 1 \nPage 4 of 43 Item # 16 Attachment number 1 \nPage 5 of 43 Item # 16 Attachment number 1 \nPage 6 of 43 Item # 16 Attachment number 1 \nPage 7 of 43 Item # 16 Attachment number 1 \nPage 8 of 43 Item # 16 Attachment number 1 \nPage 9 of 43 Item # 16 Attachment number 1 \nPage 10 of 43 Item # 16 Attachment number 1 \nPage 11 of 43 Item # 16 Attachment number 1 \nPage 12 of 43 Item # 16 Attachment number 1 \nPage 13 of 43 Item # 16 Attachment number 1 \nPage 14 of 43 Item # 16 Attachment number 1 \nPage 15 of 43 Item # 16 Attachment number 1 \nPage 16 of 43 Item # 16 Attachment number 1 \nPage 17 of 43 Item # 16 Attachment number 1 \nPage 18 of 43 Item # 16 Attachment number 1 \nPage 19 of 43 Item # 16 Attachment number 1 \nPage 20 of 43 Item # 16 Attachment number 1 \nPage 21 of 43 Item # 16 Attachment number 1 \nPage 22 of 43 Item # 16 Attachment number 1 \nPage 23 of 43 Item # 16 Attachment number 1 \nPage 24 of 43 Item # 16 Attachment number 1 \nPage 25 of 43 Item # 16 Attachment number 1 \nPage 26 of 43 Item # 16 Attachment number 1 \nPage 27 of 43 Item # 16 Attachment number 1 \nPage 28 of 43 Item # 16 Attachment number 1 \nPage 29 of 43 Item # 16 Attachment number 1 \nPage 30 of 43 Item # 16 Attachment number 1 \nPage 31 of 43 Item # 16 Attachment number 1 \nPage 32 of 43 Item # 16 Attachment number 1 \nPage 33 of 43 Item # 16 Attachment number 1 \nPage 34 of 43 Item # 16 Attachment number 1 \nPage 35 of 43 Item # 16 Attachment number 1 \nPage 36 of 43 Item # 16 Attachment number 1 \nPage 37 of 43 Item # 16 Attachment number 1 \nPage 38 of 43 Item # 16 Attachment number 1 \nPage 39 of 43 Item # 16 Attachment number 1 \nPage 40 of 43 Item # 16 Attachment number 1 \nPage 41 of 43 Item # 16 Attachment number 1 \nPage 42 of 43 Item # 16 Attachment number 1 \nPage 43 of 43 Item # 16 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8352-12 on second reading, annexing certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 2 Item # 17 Attachment number 1 \nPage 2 of 2 Item # 17 Attachment number 2 \nPage 1 of 1 Item # 17 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8353-12 on second reading, amending the future land use plan element of the Comprehensive Plan by designating the land use of certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 2 Item # 18 Attachment number 1 \nPage 2 of 2 Item # 18 Attachment number 2 \nPage 1 of 1 Item # 18 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8354-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 2 Item # 19 Attachment number 1 \nPage 2 of 2 Item # 19 Attachment number 2 \nPage 1 of 2 LMDR 11 I LMDR 19 3112 LMDR 3118 LMDR 25 I LMDR LMDR O 150 MHP 123 LMDR LMDR 200 LMDR 201 ZONING Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane Size (Acres): 0.489 (ROW) Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 19 C:\Documents and Settings\ellen.ayo\Local Settings\Temporary Internet Files\Content.Outlook\ZCX1NQU2\ANX2012- 05004_Zoning.doc Attachment number 2 \nPage 2 of 2 Item # 19 C:\Documents and Settings\ellen.ayo\Local Settings\Temporary Internet Files\Content.Outlook\ZCX1NQU2\ANX2012- 05004_Zoning.doc Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 20 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Carefest Day Proclamation - Pastor Anthony McDaniel of Abundant Life Ministries SUMMARY: Review Approval: Cover Memo Item # 21 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hispanic Heritage Month Proclamation - Sandra Lythe, CEO of the InterCultural Advocacy Institute SUMMARY: Review Approval: Cover Memo Item # 22 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Library Board Presentation SUMMARY: Review Approval: Cover Memo Item # 23 Meeting Date: 9/4/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Update on Homeless Initiative SUMMARY: Review Approval: Cover Memo Item # 24 Item # 24 In the past: Drinking / Drugging • Encampments • Panhandling • Sleeping in Parks • Item # 24 Presentation to City Council • 11 function areas • 47 recommendations • Contract Renewed on June 15 th • Homeless Committee Meeting on • June 25 th Item # 24 OBSERVATIONS Clearwater Used To Be VERY • Enabling “Magnets” Were Poorly Aligned • Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 PROGRESS 11 FUNCTION AREAS Item # 24 CHANGE IN CULTURE Enabling --> Engaging • Item # 24 REALIGNMENT OF MAGNETS Sleeping in Parks • Trespassing • Street Feeding • Hanging Out in Libraries • Item # 24 ORDINANCES 5 Revised/New Ordinances Passed • Training of PD and City Staff • No Trespass Affidavits and Signs • Education Phase • Engagement Phase I • Item # 24 COMMUNITY-WIDE PARTICIPATION Property/Business Owners • Money Out The Window • Street Feeding • Donations to Social Service Agencies • Item # 24 STREET LEVEL OUTREACH CPD and Directions for Living • Informal Warnings • Formal Warnings • % NTA • % Voluntary • New People in the System • Item # 24 ACTIVE COORDINATION WITH OTHER AGENCIES Pinellas County Sheriff’s Office • Public Defender • Clearwater Agencies • Directions, JWB, 2-1-1 • St. Pete and Pinellas Park • Item # 24 OTHER ACTIVITIES Defensible Design Space • Abandoned/Vacant Properties • Homeless Families and Children • Item # 24 RESULTS TO-DATE 265-300Pre-PSH (2 years ago) • 180-195May 17, 2012 • 145-165August 2, 2012 • 50-60August 24, 2012 • Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 Item # 24 NEXT STEPS Continue Implementation • Engagement Phase II • Homeless Outreach • Encampment Initiative • Item # 24 NEXT STEPS Reach Out to Street Feeders • Library Initiative • Families and Children • Item # 24