09/04/2012 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
September 4, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity in research, items are in agenda order although not
necessarily discussed in that order.
The meeting was called to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Update on the status of the US 19 Clearwater: Creating Innovative Places
project, including a summary of preliminary plan recommendations. (WSO)
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
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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.
HDR Consultant Steve Shucraft provided a PowerPoint presentation.
The Council recessed from 1:36 p.m. to 2:37 p.m. to meet as the Community
Redevelopment Agency.
2. Economic Development and Housing
2.1 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
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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-profit's 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 Trolley's 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
• Pursue adding West Bay route as a natural connection to Clearwater Beach
• 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
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18% from advertising
27% from City of Clearwater
28% from PSTA
$163,443 has been budgeted in the Parking Fund's 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 Trolley's
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.
Councilmember Bill Jonson said PSTA has approved $181,443 as match funds; future
contributions will not be based on in-kind contributions from the City but rather $181,000
plus inflation.
In response to a question, Geri Campos Lopez said public transportation will never be
self-funded; a subsidy will always be needed.
2.2 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)
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 Winter's 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
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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 City's 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 City's 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 City's approval.
3. Fire Department
3.1 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)
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;
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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 reimbursement percentage
can fluctuate year to year as property values within the fire district change.
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3.2 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
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.
4. Financial Services
4.1 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)
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.
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In addition to the above coverages, staff is recommending two new policies
regarding Bright House Field: flood and environmental/pollution.
4.2 Approve settlement of the liability claim for payment not to exceed $33,000 and
authorize the appropriate officials to execute same. (consent)
On July 7, 2012 the claimant's residence suffered a wastewater backup as a
result of a root blockage on the City side of the Waste Water System. The
claimant's 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 City's limit of liability as provided by
Section 768.28, Florida Statutes is $200,000/$300,000. The City's Risk
Management Division and the City's 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.
5. Marine and Aviation
5.1 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)
June 1, 2007, a Work Order was approved to FOR 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
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$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.
The Council recessed from 2:58 p.m. to 6:52 p.m.
5.2 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)
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
Work Session 2012-09-04 9
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:
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 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.
In response to questions, Marine and Aviation Director Bill Morris said the City will
receive 8% of the alcohol sales upon completion of the restaurant. The City will not be
receiving a percentage of the alcohol sales while under construction. The restaurant,
the Pirate's Pantry, ice cream shop and the Harbor Barber will remain. The market rate
analysis showed that current rents at the Marina are within the market rate. Mr. Morris
said both parties have a right to decide not to renew.
Work Session 2012-09-04 10
The City Attorney said the city charter restricts the length of time facilities may be
leased; five years without declaring it surplus. The agreement renewals are not
automatic and both parties have a right to decide not to renew.
6. Police
6.1 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)
The CRA approved the East Gateway District Five-Year 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).
7. Engineering
7.1 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.
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.
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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.
Real Estate Services Coordinator Chuck Lane said no adjacent property owners were
contacted regarding the request because the Requestor also owns all properties along
First Avenue North.
In response to a question, Mr. Lane said the request to change the street name was not
denied. The Florida Department of Transportation (FDOT) denied a request to include
the business name on FDOT signage along U.S. Hwy. 19.
7.2 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).
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.
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8. City Manager
8.1 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)
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 -412CIeveland 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.
9. Legal
9.1 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)
Work Session 2012-09-04 13
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.
9.2 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)
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.
9.3 Adopt Ordinance 8349-12 on second reading, making numerous amendments to
the Community Development Code to address the recommendations of the
Business Task Force.
9.4 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.
9.5 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
Work Session 2012-09-04 14
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).
9.6 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
L( MDR).
10. City Manager Verbal Reports — None.
11. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
12. Adjourn
The meeting was adjourned at 7:25 p.m.
Work Session 2012-09-04 15