06/07/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 7,
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 for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 5:00 p.m. at City Hall.
2. Invocation — Councilmember Doreen Hock-DiPolito
3. Pledge of Allegiance — Councilmember Bill Jonson
4. Presentations — Given.
4.1 End of Session Report — The Honorable Jim Frishe, Florida House of
Representatives
4.2 End of Session Report - Peter Dunbar and Martha Edenfield, Pennington Law
Firm
4.3 Hurricane Awareness Proclamation, June 2012 — Rick Carnley, Solid
Waste/General Services Assistant Director
5. Approval of Minutes
5.1 Approve the minutes of the May 17, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
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Councilmember Bill Jonson moved to approve the minutes of the May 17, 2012 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda — None.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8319-12 on second reading, annexing certain real property
whose post office address is 2172 Burnice Drive, together with the abutting right-
of-way of Burnice Drive and together with the additional right-of-way abutting
2160 and 2166 Burnice Drive, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
Ordinance 8319-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8319-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.2 Adopt Ordinance 8320-12 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2172 Burnice Drive, together
with the abutting right-of-way of Burnice Drive and together with the additional
right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City
of Clearwater, as Residential Low (RL).
Ordinance 8320-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8320-12 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
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7.3 Adopt Ordinance 8321-12 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2172 Burnice
Drive, together with the abutting right-of-way of Burnice Drive and together with
the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon
annexation into the City of Clearwater as Low Medium Density Residential
L( MDR).
Ordinance 8321-12 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8321-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.4 Adopt Ordinance 8325-12 on second reading, annexing certain real property
whose post office address is 3113 San Mateo Street, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8325-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8325-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.5 Adopt Ordinance 8326-12 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 3113 San Mateo Street, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8326-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8326-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
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"Nays None.
7.6 Adopt Ordinance 8327-12 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 3113 San Mateo
Street, upon annexation into the City of Clearwater as Low Medium Density
Residential (LMDR).
Ordinance 8327-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8327-12 on second and final reading. The
motion duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.7 Adopt Ordinance 8329-12 on second reading, adopting the City of Clearwater
Code of Ordinances Chapter 13, Domestic Partner Registry, creating Sections
13/1 through 13/7, providing for repeal of all ordinances in conflict, providing for
severability.
Ordinance 8329-12 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8329-12 on second final reading. The motion was duly
seconded.
One individual spoke in support.
Upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.8 Adopt Ordinance 8330-12 on second reading, amending the Stormwater Utility
Rates for fiscal years 2012 through 2016.
Ordinance 8330-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8330-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
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'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8. Consent Agenda — Approved as submitted.
8.1 Approve the first amendment to the Management Agreement between the City of
Clearwater and the Clearwater Regional Chamber of Commerce. Inc. to extend
the Agreement for a one (1) year period, modify the notice provision, and clarify
the indemnification provision, and authorize funding in the amount of$50.000 in
Fiscal Year 2012-2013 for the operation of the Beach Visitor Information Center
(BVIC), and authorize the appropriate officials to execute same. (consent)
8.2 Approve a loan up to $800.000 to Prospect Towers of Clearwater. Inc. to
renovate an existing rental housing apartment complex for seniors located at 801
Chestnut Street. Clearwater, enter into a land use restriction agreement,
mortgage and note with loan terms as follows: a 30-year loan with a five-year
defined repayment at $6.000 payable for year one and $12.000 payable for
years two through five and an amortized 25-year loan on the remaining balance
at one percent interest rate per annum, and authorize the appropriate officials to
execute same. (consent)
8.3 Ratify and confirm the City Managers approval to issue a Purchase Order to
Keystone Excavators. Inc., of Oldsmar. FL, for$142.750 for the soil and delivery
of the soil needed for the construction of the North Greenwood Athletic Fields
located at the Jack Russell Stadium parking lot. (consent)
8.4 Approve the First Amended and Restated Memorandum of Understanding
between the City of Clearwater, a municipal corporation of the State of Florida.
and Ruth Eckerd Hall. Inc., a Florida Not-for-Profit corporation, delineating the
responsibilities of the parties with respect to the purchase, rehabilitation,
operation, and maintenance of the Capitol Theater and Lokey Building (403 and
401 Cleveland street) and if acquired, the building at 409 Cleveland Street, and
authorize the appropriate officials to execute same. (consent)
8.5 Approve a contingency contract with Motley Rice. LLC., for representation for
claims arising out of the April 20, 2010 Deepwater Horizon Spill and its aftermath
and authorize the appropriate officials to execute same. (consent)
8.6 Approve legal services agreement with Gina Grimes. Esq. at Hill Ward and
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Henderson for representation of the Community Development Board,
Building/Flood Board of Adjustment and Appeals, and other boards as
necessary. (consent)
Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
9. Other Items on City Manager Reports
9.1 Provide for a referendum on November 6, 2012 allowing the City Council to grant
economic development ad valorem tax exemptions if approved by a majority of
city voters; approve preliminary Economic Development Ad Valorem Tax
Exemption Program parameters and pass Ordinance 8338-12 on first reading.
On May 14, 2012, City Council directed staff to prepare an ordinance that
provides for a referendum on the November 6, 2012 ballot to allow City Council to
grant economic development ad valorem tax exemptions for qualifying businesses
that create new jobs pursuant to Article VII, Section 3 of the Florida Constitution
and Section 196.1995 of the Florida Statutes.
Ordinance 8338-12 calls for a referendum that will be placed on the ballot on
November 6, 2012 and puts forth the following ballot question:
"Shall the City Council of the City of Clearwater be authorized to grant, pursuant
to s.3 Art. VII of the State Constitution, ad valorem tax exemptions to new
businesses and expansions of existing businesses that are expected to create
new, full-time jobs in the City of Clearwater?"
The ordinance outlines the City of Clearwater's desire to offer tax exemptions for
new businesses relocating to the City and to expanding businesses in order to
foster economic growth and increase employment as allowed by state law.
The ballot language is due to the Supervisor of Elections on August 3, 2012.
Economic Development Ad Valorem Tax Exemption Program Parameters
The Economic Development Ad Valorem Tax Exemption Program is intended to
attract new private investment and encourage capital investment and job growth
in the City of Clearwater. The program would be a tool for the city to help regain a
competitive edge not only in the Tampa Bay region, but also statewide in business
attraction and expansion.
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Staff has developed preliminary Economic Development Ad Valorem Tax
Exemption Program parameters for Council consideration. Staff has proposed the
following program parameters in order to be most competitive with other
jurisdictions' programs, allow the greatest flexibility for the Council to achieve its
economic development goals, and for the City of Clearwater to realize an increase
in tax base-
-75% annual individual project maximum ad valorem exemption
-10 year maximum exemption time period
-$100,000 minimum capital investment without land
-No cap on the number of applications or amount to be exempted per fiscal
year
-Job creation requirements will be those as required by state law:
• Manufacturing (10 jobs)
• Qualified Target Industries (10 jobs)
• Export sales (25 jobs)
• Office not in target industries (50 jobs)
-Average wage for new jobs must be above the average wage for Pinellas
County ($40,372 in 2012)
-Each application must be approved by City Council via ordinance
-All businesses must reapply annually for the exemption and provide a status
report to ensure they are still in compliance with program requirements
-City Council has the authority to revoke the exemption if the applicant fails to
meet agreement expectations and/or program requirements
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In summary, the exemption applies only to improvements to real property and to
tangible personal property.
Staff will use the above preliminary program parameters to prepare educational
materials in anticipation of the referendum in November.
In response to a concern, Assistant City Manager Rod Irwin said the City of Clearwater
is a completely built-out community and most real estate transactions involve some
amount of redevelopment, which is more costly because it may require demolition, land
assemblage, or Brownfield clean-up requirements. The City is at a disadvantage to
other communities who have greenfields, which makes it less costly for development.
Allowing the maximum exemption would offset some of the disadvantage. Mr. Irwin
said Council would determine the exemption on a case-by-case basis, to ensure the
appropriate incentive is approved.
Vice Mayor Paul Gibson moved to provide for a referendum on November 6, 2012
allowing the City Council to grant economic development ad valorem tax exemptions if
approved by a majority of city voters; approve preliminary Economic Development Ad
Valorem Tax Exemption Program parameters. The motion was duly seconded and
carried unanimously.
Ordinance 8338-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8338-12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
9.2 Consider recommendation by the Parks and Recreation Advisory Board to
rename the North Greenwood Recreation and Aquatics Complex (NGRAC),
located at 900 North Martin Luther King Jr. Avenue, to The Walter C. Campbell,
Sr. Recreation and Aquatic Complex.
At the January 12, 2012 City Council meeting, Council directed the Parks and
Recreation Advisory Board to hold public hearings for the purpose of considering
the renaming the NGRAC. Therefore, in accordance with Commission Resolution
94-12, the Parks and Recreation Board conducted and advertised a public
hearing to consider recommendations for park names. A public meeting was held
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on April 24, 2012 at the NGRAC. The Board received three names for
consideration.
The Board ranked the names in the following order:
1. The Walter C. Campbell, Sr. Recreation and Aquatic Complex
2. The Walter C. Campbell, Sr. Community Center
3. Dr. Martin Luther King Jr. Recreation Center
Based upon the information gathered at this hearing, and on the criteria contained
in the Resolution, the Parks and Recreation Board approved a motion to
recommend to the City Council that the park be named "The Walter C. Campbell,
Sr. Recreation and Aquatic Complex."
One individual spoke in support and one individual spoke in opposition.
No action was taken.
Miscellaneous Reports and Items
10. City Manager Verbal Reports — None.
11. Other Council Action
11.1 Density and Parking Incentives for Affordable Housing Developments. take item
off table and reschedule public hearing for June 20, 2012. Councilmember
Polglaze
At the May 17 council meeting, the motion to take "Approve amendments to the
Community Development Code providing density and parking incentives for
affordable housing developments" off the table failed due to lack of a second.
Councilmember Polglaze has requested further discussion. In order for the
matter to be discussed, the item must be taken off the table, requiring a motion to
be passed in the affirmative. Since the matter is a public hearing, council must
schedule the hearing and comply with public notice requirements.
If there is consensus to move forward with the discussion, a motion is required.
Councilmember Jay Polglaze moved to take item, Approve amendments to the
Community Development Code providing density and parking incentives for affordable
housing developments, off the table and schedule the public hearing for the June 20,
2012 council meeting. The motion was duly seconded. Mayor George N. Cretekos and
Councilmembers Doreen Hock-DiPolito, Bill Jonson and Jay Polglaze voted "Aye"; Vice
Mayor Paul Gibson voted "Nay."
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Motion carried.
The Council recessed from 5:38 p.m. to 6:00 p.m.
12. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and reminded all the
next council meeting will be on Wednesday, June 20 at 6:00 p.m.
13. Adjourn
The meeting was adjourned at 6:13 p.m.
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