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10/03/2013 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 3, 2013 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, and Rosemarie Call - City Clerk. 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 6:00 p.m. at City Hall. 2. Invocation - Rabbi David Weizman from Congregation Beth Shalom 3. Pledge of Allegiance — Councilmember Bill Jonson 4. Presentations - Given. 4.1 Pro Bono Week Proclamation, October 20 - 26, 2013 - Myriam Irizarry . President of Clearwater Bar Association and Foundation 4.2 2013 Fire Prevention Week Proclamation, October 6 - 12, 2013 - Chief Steven Strong, Division Chief of Fire Prevention 4.3 Public Natural Gas Week Proclamation, October 6 - 13, 2013 - Chuck Warrington, Managing Director - Clearwater Gas System. 5. Approval of Minutes 5.1 Approve the minutes of the September 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. Council 10/3/2013 1 Councilmember Bill Jonson moved to approve the minutes of the September 19, 2013 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 Joseph Corvino expressed concerns with the informational mailer regarding the November 5, 2013 referendum. Public Communications Director Joelle Castelli said one mailer was sent to the home of voters who participated in three of the last five elections. The cost for printing the mailers was approximately $3,000; cost for postage has not been remitted. The mailers were sent forty-five days prior to the election. The City Attorney said the political disclaimer statement was not required as the mailer only states what the charter amendment does. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the Council 10/3/2013 2 City's sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. In response to a question, Planning and Development Director Michael Delk said staff has spoken with the applicant; the applicant is comfortable with the annexation. Councilmember Doreen Hock-DiPolito moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Council 10/3/2013 3 Ordinance 8469-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8469-13 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, Councilmember Jay E. Polglaze "Nays None Ordinance 8470-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8470-13 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, Councilmember Jay E. Polglaze "Nays None Ordinance 8471-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8471-13 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, Councilmember Jay E. Polglaze "Nays None 7.2 Provide direction on the proposed Development Agreement between Enchantment, LLC (the property owner) and the City of Clearwater, providing for the allocation of 92 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 16, 2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08001) The 1.377-acre subject property is located at the southwest corner of Parkway Drive and South Gulfview Boulevard, which is within the Clearwater Pass District of Beach by Design. The property has two zoning designations, which are Tourist (T) District and Open Space/Recreation (OS/R) District. The land area zoned T District is 1.347 acres (58,671 square feet) and the land area zoned OS/R District Council 10/3/2013 4 is 0.03 acres (1,317 square feet). The site is currently developed with a six-story, 110-room hotel known as the Wyndham Garden of Clearwater Beach. The existing building is located toward the rear of the site, oriented east/west and with parking on the north and west sides of the building. On September 20, 2005, the Community Development Board (CDB) approved FLD2005-06057/TDR2005-07023 for the Termination of Status of Nonconformity for density to retain the existing 110 overnight accommodation units where the base density allows 67 units. The owners propose to utilize the existing 110- rooms obtained through the Termination of Status of Nonconformity for density while requesting an additional 92 hotel rooms from the Hotel Density Reserve through Beach by Design. The current proposal is to demolish the existing building and redevelop the site with a 202-unit overnight accommodation use (150 rooms per acre for the land zoned T District, including the allocation of 92 rooms from the Hotel Density Reserve). The building will be 150 feet (from Base Flood Elevation) to flat roof (14 stories) with the parking located within the first six levels. The proposed architectural style is contemporary coastal architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: Minimum Lot Area/Width: The subject property has a lot area of 59,988 square feet (1.377 acres; 1.347 acres zoned T District and 0.03 acres zoned OS/R District). The lot width of the subject property is 240.64 feet. These are consistent with the applicable sections of the Community Development Code. Minimum Setbacks: The conceptual site plan depicts a front (north) setback of 15 feet, a side (west) setback of 15.2 feet, a side (east) setback of 15 feet (east), and a rear (south) setback of 20 feet. The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Pursuant to the Clearwater Pass District Character District standards of Beach by Design and that the owners are requesting 92 hotel rooms from the Hotel Density Reserve, the maximum height of the hotel can be up to 150 feet provided that there is no more than four buildings above 100 feet in height within 800 feet of the proposed building. The applicant has demonstrated that there are only three buildings 800 feet westward of the building's east facade that exceed 100 feet in height and that there are no buildings to the east of the building that exceed 100 feet in height. The buildings to the west of the subject building (proposed 150 feet in height from BFE) include the Continental Tower (105 feet in height from BFE) and the proposed Hampton Inn Building (134 feet in Council 10/3/2013 5 height from BFE). The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 202-room overnight accommodation use requires a minimum of 242 off-street parking spaces. There will be 244 parking spaces provided within the parking garage located on the first six levels of the building. This is consistent with the applicable sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that a 15 foot wide perimeter landscape area will be provided along the north property line; a 15.10 foot wide perimeter landscape area will be provided along the west property line; a 15 foot wide perimeter landscape area will be provided along the east property line; and that a 20 foot wide perimeter landscape area will be provided along the south property line. The proposal should meet the required five-foot wide foundation landscape requirement. Since no perimeter landscape buffers are required in the T District, the proposed landscape areas exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. Council 10/3/2013 6 The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of 92 units from the Hotel Density Reserve; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • No full kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of"dwelling unit" in the Community Development Code; • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; • That no unit in the project shall be used as a primary or permanent residence. At least 150 units (75 percent) shall be required to be submitted to a rental program or reservation system requiring those hotel units to be available to overnight hotel guests on a transient basis at all times. Developer will use reasonable efforts to encourage owners of"ownership units" to voluntarily submit their unit to a rental program or reservation system requiring it to be available to overnight hotel guests on a transient basis when the unit is not occupied by the owner; and • Provides language that will allow 52 units (25 percent) to be used as ownership units. Staff recommends that prior to a decision on the agreement that clarity be provided as to what percentage of units may be used for ownership units. Staff recommends that Council clarify if one of the following proposed criteria be used: • That a percentage of the 67-units permitted by the base density (50 units per acre) may be used as ownership units; or • That a percentage of the 67-units permitted by the base density (50 units per acre) and the 43-units accorded through the Termination of Status of Nonconformity for density may be used as ownership units; or Council 10/3/2013 7 • That a percentage of the total number of proposed units (202), the 67-units permitted by the base density (50 units per acre) plus the 43-units accorded through the Termination of Status of Nonconformity for density plus the 92 units obtained from the Hotel Density Reserve, may be used as ownership units. Changes to Development Agreements: Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The City Attorney said, under the new development agreement process, Council will not be making a decision tonight but ask questions of staff and hear public comment. The Applicant will present to Council. Council will make their decision at the next public hearing. Staff has asked Council to clarify the provision of Beach by Design requiring a reservation system as an integral part of the hotel use under this density pool. In response to questions, the City Attorney said if a reservation system cannot be provided, the Applicant will not be in compliance with the Beach by Design provision. The City controls the operational characteristic of the facility; the City wants the facility to function like a hotel, be available for transient occupancy by public on a regular basis. The Applicant has asked that a number of the density units not be available for transient occupancy but be restricted to up to thirty days or one month usage. The Hyatt was in a resort density pool; the City allowed condominiums and condominium-hotels and did not require all the units to be under the same reservation. City code allows condo-hotel units a maximum of thirty consecutive days of overnight occupancy; the owner may occupy two different periods of time. The intent is not to allow the units to become permanent residences. In response to questions, Planner Kevin Nuremberger said at the top of the sixth level, there is a stepback and no length is more than 100 feet to meet the criteria of square footage allowed per floor as the building gets higher. Planning and Development Director Michael Delk said the site development review process has not been done; staff has reviewed the item before Council to ensure it is consistent with Beach by Council 10/3/2013 8 Design parameters. The City Attorney said the Applicant has agreed to include language restricting amplified outdoor noise during certain hours. Applicant representatives Brian Aungst and Ed Hooper reviewed the request. None of the units, including the fifty-two ownership units, will be primary or permanent residences. The facility will not allow more than thirty days occupancy. At least 150 of the units will always be available for transient occupancy to the public via the reservation system. Six individuals spoke in support and three individuals spoke in opposition. In response to questions, Mr. Delk said the tower separation requirement must be met once the development goes above 100 feet. If the Applicant develops before the adjacent developer, the adjacent developer will be subject to the tower separation requirement, so long as Applicant's development agreement is in place. Beach by Design hotel density reserve favors the mid size hotel products. The architectural design will be part of the development review process. The proposal before Council includes a general design. Mr. Delk said Council has the authority to allow the density reserve be used for to get the height up to 150 feet along S. Gulfview Boulevard and west side of Coronado. Staff was directed to provide a model of the tower separation requirement should the adjacent property owner develop two towers. Mr. Aungst said the Applicant's application will not be approved unless it complies with Beach by Design criteria. This area of Clearwater Beach allows a maximum height of 150 feet. He expressed a concern with speculating what the adjacent property owner may propose to do. 7.3 Amend the Community Development Code to require new members of the Community Development Board, the Code Enforcement Board, and the Building/Flood Board of Adjustment and Appeals to be registered voters, and pass Ordinance 8478-13 on first reading. At the August 1, 2013 council meeting, Council discussed that members of the Community Development Board, Municipal Code Enforcement Board, and Building/Flood Board of Adjustment and Appeals have regulatory powers in the City and it was in the best interest of the City to ensure that members of these boards have shown a certain level of civic engagement. Staff was directed to pursue changes in the Code requiring newly appointed members of these boards be registered voters. Council 10/3/2013 9 Vice Mayor Paul Gibson moved to amend the Community Development Code to require new members of the Community Development Board, the Code Enforcement Board, and the Building/Flood Board of Adjustment and Appeals to be registered voters. The motion was duly seconded and carried unanimously. Ordinance 8478-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8478-13 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, Councilmember Jay E. Polglaze "Nays None 7.4 Rescind Ordinance 4663-88, which contained an incorrect legal description; and pass Ordinance 8480-13 on first reading. (VAC2013-05) Ordinance 8480-13 was passed and adopted by City Council on August 18, 1988 for the purpose of vacating a 15 ft. by 15 ft. portion of a sanitary sewer easement. The ordinance contained an error in the legal description. Ordinance 8480-13 will rescind the erroneous ordinance and vacate the easement portion as intended in 1988. Councilmember Doreen Hock-DiPolito moved to rescind Ordinance 4663-88, which contained an incorrect legal description. The motion was duly seconded and carried unanimously. Ordinance 8480-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8480-13 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, Councilmember Jay E. Polglaze "Nays None The Council recessed from 7:55 p.m. to 8:00 p.m. 8. Second Readings - Public Hearing 8.1 Continue to October 16, 2013: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation Council 10/3/2013 10 of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on second reading. (ANX2013-07023) This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City's sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Council 10/3/2013 11 The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jay Polglaze moved to continue Item 8.1 to October 16, 2013. The motion was duly seconded and carried unanimously. 8.2 Adopt Ordinance 8435-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1569 and 1571 Sunset Point Road from Residential Low (RL) to Residential Urban (RU). Ordinance 8435-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8435-13 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, Councilmember Jay E. Polglaze "Nays None 8.3 Adopt Ordinance 8439-13 on second reading, annexing certain real property whose post office address is 1974 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8439-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8439-13 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, Councilmember Jay E. Polglaze Council 10/3/2013 12 "Nays None 8.4 Adopt Ordinance 8440-13 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 1974 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8440-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8440-13 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, Councilmember Jay E. Polglaze "Nays None 8.5 Adopt Ordinance 8441-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1974 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8441-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8441-13 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, Councilmember Jay E. Polglaze "Nays None 8.6 Adopt Ordinance 8442-13 on second reading, annexing certain real property whose post office address is 2079 Lantana Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8442-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8442-13 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, Councilmember Jay E. Polglaze Council 10/3/2013 13 "Nays None 8.7 Adopt Ordinance 8443-13 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 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8443-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8443-13 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, Councilmember Jay E. Polglaze "Nays None 8.8 Adopt Ordinance 8444-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8444-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8444-13 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, Councilmember Jay E. Polglaze "Nays None 8.9 Adopt Ordinance 8445-13 on second reading, annexing certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8445-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8445-13 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 Council 10/3/2013 14 Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays None 8.10 Adopt Ordinance 8446-13 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 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8446-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8446-13 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, Councilmember Jay E. Polglaze "Nays None 8.11 Adopt Ordinance 8447-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8447-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8447-13 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, Councilmember Jay E. Polglaze "Nays None 8.12 Adopt Ordinance 8448-13 on second reading, annexing certain real property whose post office address is 1274 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Council 10/3/2013 15 Ordinance 8448-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8448-13 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, Councilmember Jay E. Polglaze "Nays None 8.13 Adopt Ordinance 8449-13 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 1274 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8449-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8449-13 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, Councilmember Jay E. Polglaze "Nays None 8.14 Adopt Ordinance 8450-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1274 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8450-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8450-13 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, Councilmember Jay E. Polglaze "Nays None 8.15 Adopt Ordinance 8451-13 on second reading, annexing certain real property whose post office address is 1206 Sheridan Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Council 10/3/2013 16 Ordinance 8451-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8451-13 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, Councilmember Jay E. Polglaze "Nays None 8.16 Adopt Ordinance 8452-13 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 1206 Sheridan Road, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8452-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8452-13 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, Councilmember Jay E. Polglaze "Nays None 8.17 Adopt Ordinance 8453-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1206 Sheridan Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8453-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8453-13 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, Councilmember Jay E. Polglaze "Nays": None 8.18 Adopt Ordinance 8454-13 on second reading, annexing certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane Council 10/3/2013 17 and State Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8454-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8454-13 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, Councilmember Jay E. Polglaze "Nays None 8.19 Adopt Ordinance 8455-13 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 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8455-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8455-13 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, Councilmember Jay E. Polglaze "Nays None 8.20 Adopt Ordinance 8456-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8456-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8456-13 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, Councilmember Jay E. Council 10/3/2013 18 Polglaze "Nays None 8.21 Adopt Ordinance 8457-13 on second reading, annexing certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Langes Replat of Browns Subdivision into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8457-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8457-13 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, Councilmember Jay E. Polglaze "Nays None 8.22 Adopt Ordinance 8458-13 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 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Langes Replat of Browns Subdivision, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8458-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8458-13 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, Councilmember Jay E. Polglaze "Nays": None 8.23 Adopt Ordinance 8459-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Langes Replat of Browns Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential L( MDR). Council 10/3/2013 19 Ordinance 8459-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8459-13 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, Councilmember Jay E. Polglaze "Nays None 8.24 Adopt Ordinance 8460-13 on second reading, annexing certain real property whose post office address is 2025 Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8460-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8460-13 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, Councilmember Jay E. Polglaze "Nays None 8.25 Adopt Ordinance 8461-13 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 2025 Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8461-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8461-13 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, Councilmember Jay E. Polglaze "Nays": None 8.26 Adopt Ordinance 8462-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2025 Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Council 10/3/2013 20 Ordinance 8462-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8462-13 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, Councilmember Jay E. Polglaze "Nays": None 8.27 Adopt Ordinance 8463-13 on second reading, annexing certain real property whose post office address is 1263 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8463-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8463-13 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, Councilmember Jay E. Polglaze "Nays None 8.28 Adopt Ordinance 8464-13 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 1263 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8464-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8464-13 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, Councilmember Jay E. Polglaze "Nays None 8.29 Adopt Ordinance 8465-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1263 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Council 10/3/2013 21 Ordinance 8465-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8465-13 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, Councilmember Jay E. Polglaze "Nays None 8.30 Adopt Ordinance 8466-13 on second reading, annexing certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8466-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8466-13 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, Councilmember Jay E. Polglaze "Nays None 8.31 Adopt Ordinance 8467-13 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 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8467-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8467-13 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, Councilmember Jay E. Polglaze "Nays None 8.32 Adopt Ordinance 8468-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, Council 10/3/2013 22 upon annexation into the City of Clearwater, as Low Medium Density Residential L( MDR). Ordinance 8468-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8468-13 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, Councilmember Jay E. Polglaze "Nays None 8.33 Adopt Ordinance 8472-13 on second reading, annexing certain real property whose post office address is 1221 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8472-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8472-13 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, Councilmember Jay E. Polglaze "Nays None 8.34 Adopt Ordinance 8473-13 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 1221 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8473-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8473-13 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, Councilmember Jay E. Polglaze "Nays None 8.35 Adopt Ordinance 8474-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Palm Council 10/3/2013 23 Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8474-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8474-13 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, Councilmember Jay E. Polglaze "Nays None 8.36 Adopt Ordinance 8483-13 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2013 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Harborview Center Fund, and Administrative Services Fund. Ordinance 8483-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8483-13 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, Councilmember Jay E. Polglaze "Nays None 8.37 Adopt Ordinance 8484-13 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a net decrease of$27,281,542. Ordinance 8484-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8484-13 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, Councilmember Jay E. Polglaze "Nays None Council 10/3/2013 24 9. Consent Agenda — Approved as submitted. 9.1 Approve settlement of the liability claim of Mr. James Braun for payment of $87,500.00 and authorize the appropriate officials to execute same. (consent) 9.2 Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2013 to September 30, 2014 for software maintenance at a cost not to exceed $246,950, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same (consent) 9.3 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, TVs, credit/collect calls, backup trunks, VADI circuits, and DSL high bandwidth services during the period of October 1, 2013 to September 30, 2014 at a cost not to exceed $230,825, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract (purchase order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2013 to October 31, 2014 in an amount not to exceed $337,945 in accordance with Sec 2.564 (1)(b), Code of Ordinances, under State Contract DMS-1 01 1-008C. (consent) 9.5 Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA - $235,000, Ingram Library Services, Atlanta, GA - $150,000, and Midwest Tape, Holland, OH - $55,000 for the purchase of library books and other materials for the contract period of October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) 9.6 Provide Landlord consent for the Collateral Assignment of Lease between Marina Cantina, LLC and USAmeribank for the rights and benefits associated with the rental space agreement in the Clearwater Beach Marina at 25 Causeway Boulevard and authorize the appropriate officials to execute same. consent 9.7 Approve establishing a new Capital Improvement Project entitled Bright House Field Repairs (CIP 315-93640) for $241,272, to be funded from unappropriated retained Earnings, for phased structural caulking and concrete repairs needed throughout Bright House Stadium, award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida, Bid 25-13, for $475,371 to perform the necessary caulking and concrete repairs: and approve a change order deduct in the amount of$234,099, for a net contract amount including 10% contingency of$241,272. (consent) Council 10/3/2013 25 9.8 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of$165.294.93, for a 12-month period beginning October 1. 2013 and ending September 30. 2014, and authorize the appropriate officials to execute same. (consent) 9.9 Award a construction contract to TLC Diversified of Palmetto. FL, for the Marshall Street Water Reclamation Facility Chlorine Contact Chamber Improvements Project (12-0007-UT) in the amount of $467.775, which is the lowest responsible bid received in accordance with plans and specifications: approve a supplemental work order to Jones Edmunds in the amount of$84.900 for additional design and engineering services during construction and authorize the appropriate officials to execute same. (consent) 9.10 Approve a License Agreement between the City of Clearwater and 600 Cleveland LLC, the new owner of the property known as the Bank of America Tower, authorizing City use of a surface parking lot owned by 600 Cleveland LLC and located at 24 N. Garden Avenue for retail parking evenings and weekends, authorize certain capital expenditures required for the use, and authorize the appropriate officials to execute same. (consent) 9.11 Reappoint Sue A. Johnson and Duane Schultz to the Municipal Code Enforcement Board with terms expiring October 31. 2016. (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. City Manager Reports 10. Other Items on City Manager Reports 10.1 Endorse the application for Project Woodstork and commit the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-26. The Florida Legislature created Florida Statute, Section s.288.106 to encourage the growth of Florida's high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is Council 10/3/2013 26 required under statute or desired by the applicant. Project Woodstork is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program which provides a performance-based incentive. The incentive is negotiated in advance of Project Woodstork's commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Woodstork are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Woodstork's expansion will increase the Company's employment in Florida by greater than 10% and, as evidenced by staff's economic impact analysis the proposed new jobs will make a significant economic contribution to the area economy. Description of Project Project Woodstork is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 20 jobs over two years beginning in 2013. Project Woodstork's job creation schedule is as follows: Phase Number of new Florida jobs Date by which jobs created in the business unit will be created 10 12/31/2013 10 12/31/2014 Total 20 Below are the types of jobs expected to be created by this company: Business Unit 6 Digit NAIDS Project Function Activities Code(s) Corporate, Subsidiary 551114 100% and Regional Managing Council 10/3/2013 27 Average wages of all new jobs created by Project Woodstork is to be no less than $50,000, which is greater than 115% of the State's Annual Average Wage as published by Enterprise Florida on January 1, 2013. QTI Program Request and Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of 5 years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of$5,000 per new job created. Total$Incentive Per City Contribution Qualifying Criteria Job Created (110%) Per Job (Local Match) Standard Primary $3,000.00 $300.00 Industry High Impact Sector $2,000.00 $200.00 Total $5,000.00 $500.00 Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $500 for a total Local Match of $10,000. Payment Schedule Disbursement of the Local Match is spread over a period of five (5) years. Twenty-five percent of the Local Match is paid out over a four year period for each phase in which the jobs are created. The schedule is as follows: ELIGIBLE MAX OF PHASE #JOBS 25%/ FY13-14 'FY14-15 FY15-16 FY16-17 FY17-18 AWARD YR 1 10 $5,000 $1,250 $1,250 $1,250 $1,250 $1,250 II 1 10 1 $5,000 1 $1,250 1 1 $1,250 1 $1,250 1 $1,250 $1,250 TOTAL 20 $10,000 $1,250 $2,500 $2,500 $2,500 $1,250 The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation and Termination Council 10/3/2013 28 During the term of the agreement, the Local Match may be lowered under the following conditions: If in any year the applicant does not achieve the job creation schedule but achieves at least 80% of the required new jobs, the company will receive a pro-rated refund less 5% penalty of the schedule award amount for that year. If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. If the average wage falls below $50,000, the company will not receive a refund and will be terminated from the program. Funding Source The Fiscal Year 2014-2015 funding is currently available from Economic Development budget account number 181-99846. Future year funding will need to be allocated during the City's annual budget process. Councilmember Bill Jonson moved to endorse the application for Project Woodstork and commit the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO). The motion was duly seconded and carried unanimously. Resolution 13-26 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-26. 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, Councilmember Jay E. Polglaze "Nays": None Miscellaneous Reports and Items 11. City Manager Verbal Reports — None. Council 10/3/2013 29 12. Closing Comments by Mayor Mayor George Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 8:42 p.m. cteof■encrt\titj Mayor Attest City of Clearwater OA. OF 710,,��� A. IV Zrt City Clerk vie Council 10/3/2013 30