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12/05/2013 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 01 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, 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, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed 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 - Pastor Justin Facenda from Calvary Baptist Church 3. Pledge of Allegiance — Councilmember Bill Jonson 4. Presentations — Given. 4.1 Dunedin Mayor Dave Eggers Mayor Eggers thanked the City for their support during a recent sinkhole crisis. Two families lost their homes. The City provided equipment needed to facilitate stabilizing surrounding properties. 4.2 Resolution of Appreciation to Mike Deegan, Clearwater Gas System Gas Program Coordinator - Bert Kalisch, President and CEO of the American Public Gas Association (APGA) Mike Deegan is Clearwater Gas System's (CGS) Gas Pipefitter license holder in Pinellas, Pasco, and Hillsborough Counties. He holds a State of Florida Master Plumbing license, a Propane operator's license, and is one of the most experienced individuals in the country in Gas Building Codes and Standards. Council 2013-12-05 1 Mike has represented both the APGA and the American Gas Association (AGA) for a number of years on the National Fuel Code (NFPA) building codes board and the International Code Council (ICC) Fuel Gas Code Committee. Mike has served on both the APGA and Florida Natural Gas Association (FNGA) Codes and Standards Committees and has served as Chairman of both of these committees. Mike's extensive contribution to APGA in this regard was recently recognized by the APGA Board of Directors and Bert Kalisch wishes to recognize Mike's contribution by presenting a Resolution of Appreciation before the City Council. Bert also wishes to thank the City Council for the extensive participation and contributions that Clearwater Gas System; Chuck Warrington, CGS Managing Director, and a number of other CGS personnel have made to APGA over many years. Mr. Kalisch presented Mike Deegan with a Resolution of Appreciation and Chuck Warrington with the July 2013 Distinguished Service Award. 4.3 Greenwood Panthers Update - Joe Marshall Mr. Marshall presented members of the junior football team and thanked the City for their continued support. The football team was undefeated this season and placed second at the Regional Super Bowl Championship. Four of five cheerleading squads placed first at regionals. 4.4 Turkey Trot Presentation - Skip Rogers Mr. Rogers thanked the City and staff for their continued support and presented Councilmembers with commemorative mugs. 4.5 Super Boat Presentation - Brian Aungst and Frank Chivas Messrs. Aungst and Chivas thanked the City and staff for their support and participation and presented Council with commemorative books. 4.6 Annual Utilities We Care Fund Appeal - John Scott, Customer Service Mr. Scott encouraged all to donate to the We Care Fund, which is used to assist paying utility bills for people experiencing temporary financial difficulties. 4.7 Lifeguard Towers - Bill Fisher, President of Fisher and Associates Architects, LLC. (CMO) Council 2013-12-05 2 Mr. Fisher provided a PowerPoint presentation on the firm's concept of integrating public art design with lifeguard towers on Clearwater Beach. 5. Approval of Minutes 5.1 Approve the minutes of the November 20, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the November 20, 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 Spencer Cook urged Council to pursue a new Morningside Recreation Center. Mark Bunker said it was the anniversary of Lisa McPherson's death and expressed concerns regarding alleged practices of the Church of Scientology. Tom Peterson inquired if the Clearwater Marine Aquarium had reimbursed the City for the special referendum and if the City had received a copy of the feasibility study. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve second amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); amending the Capitol Improvement Program by transferring $500,000 of Penny Funds from Fiscal Year 2014/15, Ruth Eckerd Hall, to the Capitol Theatre budget (CIP 315-93623); and authorize the appropriate officials to execute same. On September 20, 2012, the City entered into the CTOA with REH to renovate and operate the Capitol Theatre Facility located at 401, 403 and 409 Cleveland Street for a period of 30 years. The CTOA provided funding of the project in the amount not to exceed $7,112,209. On July 18, 2013, the City Council approved an increase of$500,000 to $7,612,209 based on the anticipated receipt of State funding via the Cultural Facilities Program Grant. In the City of Clearwater's Capital Improvement Program, there is $500,000 in Fiscal Year 2014/15 CIP budget that was allocated as a contingency for the construction of the Capitol Theatre with the intention of using any remaining funds toward the educational center at Ruth Eckerd Hall. Council 2013-12-05 3 On October 21, 2013, the City received a letter from Mr. Josh Magidson, Chairman, and Mr. Zev Buffman, President/CEO of Ruth Eckerd Hall, Inc. requesting the use of this contingency for the construction of the Capitol Theatre. This $500,000 was dedicated through Penny for Pinellas, and requires a Public Hearing for this change. The public hearing notice was advertised on November 20, 2013. A first quarter budget amendment will transfer the remaining $500,000 budgeted for the Ruth Eckerd Hall Capitol Theatre contingency and the expansion of the learning center to project 315-93623, Capitol Theatre. The project is currently under construction, and is estimated to be completed by December 18, 2013. All other terms and conditions of the original agreement will remain in full force and effect. In response to a question, Parks and Recreation Administrative Support Manager Felicia Leonard said transferring the $500,000 Penny funds would eliminate funding for the Education Center in 2014 and 2015. REH Board of Directors is aware of the matter. Councilmember Jay Polglaze moved to approve second amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); amending the Capitol Improvement Program by transferring $500,000 of Penny Funds from Fiscal Year 2014/15, Ruth Eckerd Hall, to the Capitol Theatre budget (CIP 315-93623); and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Continue Development Agreement between Mainstream Partners VIII, LTD (the Property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve to an undetermined date. (HDA2013- 08004) The applicant is requesting the continuance in order to prepare changes to the Conceptual Site Plan as directed by Council at its October 16, 2013 meeting. The applicant is not sure when their revised Conceptual Site Plan and Elevations will be ready and is not ready to commit to a date certain for their next Council hearing. Vice Mayor Paul Gibson moved to continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve to an undetermined date. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing Council 2013-12-05 4 8.1 Adopt Ordinance 8485-13 on second reading, annexing certain real property whose post office address is 1247 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8485-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8485-13 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 8.2 Adopt Ordinance 8486-13 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 1247 Union Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8486-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8486-13 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 8487-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1247 Union Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8487-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8487-13 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 2013-12-05 5 8.4 Adopt Ordinance 8488-13 on second reading, annexing certain real property whose post office address is 1501 Laurel Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8488-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8488-13 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 8489-13 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 1501 Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8489-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8489-13 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 8490-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1501 Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8490-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8490-13 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 2013-12-05 6 8.7 Adopt Ordinance 8491-13 on second reading, annexing certain real property whose post office address is 1248 Sunset Point Road, together with the Right-of- Way of Chenango Avenue abutting the subject property, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8491-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8491-13 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 8492-13 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 1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the subject Property, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8492-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8492-13 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 8493-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the subject property, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Ordinance 8493-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8493-13 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 2013-12-05 7 Polglaze "Nays": None 8.10 Adopt Ordinance 8494-13 on second reading, annexing certain real property whose post office address is 2854 Sunstream Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8494-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8494-13 on second and final reading. The motion was duly seconded. Two individuals expressed concerns with timing of the proposed development and the impact construction would have on the community, with one expressing concerns with coyotes in the area. The City Manager said the developer has not filed any development plans with the City. A public hearing notice will be provided when the plans have been filed. 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 8495-13 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 2854 Sunstream Lane, upon annexation into the City of Clearwater, as Residential Low (RL) and Preservation Ordinance 8495-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8495-13 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 2013-12-05 8 8.12 Adopt Ordinance 8496-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2854 Sunstream Lane, upon annexation into the City of Clearwater, as Low Density Residential (LDR) and Preservation (P). Ordinance 8496-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8496-13 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 8498-13 on second reading, amending the Community Development Code providing for flexibility in the placement of accessory detached garages in attached dwelling developments of more than 100 units. Ordinance 8498-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8498-13 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 8499-13 on second reading, annexing certain real property whose post office address is 1962 Chenango Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8499-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8499-13 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 2013-12-05 9 8.15 Adopt Ordinance 8500-13 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 1962 Chenango Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8500-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8500-13 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 8501-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1962 Chenango Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8501-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8501-13 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 8502-13 on second reading, annexing certain real property whose post office address is 1222 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8502-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8502-13 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 2013-12-05 10 8.18 Adopt Ordinance 8503-13 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 1222 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8503-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8503-13 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 8504-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1222 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8504-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8504-13 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 8505-13 on second reading, annexing certain real property whose post office address is 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8505-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8505-13 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 2013-12-05 11 8.21 Adopt Ordinance 8506-13 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 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8506-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8506-13 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 8507-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22, upon annexation into the City of Clearwater, as Low Medium Density Residential L( MDR). Ordinance 8507-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8507-13 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 8509-13 on second reading, amending Section 2.447, Clearwater Code of Ordinances, regarding the Firefighters Supplemental Pension Plan allocations. Ordinance 8509-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8509-13 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 2013-12-05 12 "Nays": None 8.24 Adopt Ordinance 8525-13 on second reading, adopting a new City Seal. Ordinance 8525-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8525-13 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 8526-13 on second reading, amending Section 2.474(1), Clearwater Code of Ordinances regarding the Police Supplemental Pension Plan allocations. Ordinance 8526-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8526-13 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 9. Consent Agenda —Approved as submitted less Items 9.5 and 9.6 9.1 Approve the Amendment to the City of Clearwater Cafeteria Plan document to provide for the allowance of the carryover of up to $500 in health Flexible Spending Arrangement account funds in accordance with United States Department of Treasury and IRS guidelines issued on October 31, 2013 and authorize the appropriate officials to execute same. (consent) 9.2 Approve the renewal of the agreement as modified between the City and MHNet for employee and retiree Employee Assistance Program and Mental Health/Chemical Dependency benefits, from January 1, 2014 to December 31, 2014, and authorize the appropriate officials to execute same. (consent) 9.3 Approve the settlement agreement and release between Michael Faulkner and Council 2013-12-05 13 the City of Clearwater in the amount of$37,500.00 (consent) 9.4 Approve an amendment between American Healthways Services, Inc. (Healthways) and the City of Clearwater (City), allowing the City to be a provider of fitness services and benefits for eligible Medicare Members known as the SilverSneakers Program at the Henry L. McMullen Tennis Complex, 1000 Edenville Avenue, Clearwater, FL and authorize the appropriate officials to execute same. (consent) 9.5 Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater's public beaches from March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. (consent) See below. 9.6 Ratify and confirm the City Managers approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise Purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his designee be allowed to sign off on any future customs POAs if they should arise in the future. (consent) See below. 9.7 Approve the grant agreement between the City of Clearwater and the State of Florida, Department of State, Division of Cultural Affairs (FDCA) for the Cultural Facilities Grant in the amount of$1,000,000 for the renovation of the Capitol Theatre, including the filing of a Restrictive Covenant on the Capitol Theatre Property requiring that the facility be used as a cultural facility for ten years from the effective date of the grant agreement and authorize the appropriate officials to execute same. (consent) 9.8 Approve renewal of a License Agreement between the City of Clearwater, referred to as the Licensor, and the United States Coast Guard Auxiliary Flotilla 11-1, referred to as the Licensee, to utilize space located at 645 Pierce Street on an intermittent basis for the period January 1, 2014 through June 30, 2014, and authorize the appropriate officials to execute same. (consent) 9.9 Approve the conveyance of three Distribution Easements to be granted to Duke Energy for the installation of electrical facilities within three separate city construction projects, to be executed and recorded at such time as the as-built locations of such facilities are available; and authorize the appropriate officials to execute same. (consent) Council 2013-12-05 14 9.10 Approve selection of Amax Building Corporation of Oldsmar, FL as the Construction Manager at Risk (CM at Risk) for the proposed Countryside Branch Library promect (11-0059-LI). (consent) 9.11 Authorize additional funding in the amount of$160,000 for representation of the City by Smolker, Bartlett, Schlosser, Loeb and Hinds in the matter of Bair v. City of Clearwater. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted, less Item 9.5 and 9.6, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.5 Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater's public beaches from March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. (consent) In Fiscal Year 2009/10 due in part to the economic downturn in the economy and reduction of tax funding, the Beach Guard Program was reduced by approximately 33% from 14.5 FTEs ($684,030) to 9.9 FTEs ($458,300). Over the past four years there has been no increase in staffing levels and only a modest 1.6% increase in operating budgets; attributed to salary and benefit increases to its current budget for Fiscal Year 2013/14 of$487,730. Tourism to Clearwater and Clearwater Beach has increased significantly during this time. Clearwater Beach has won numerous awards and designations and recently named Best Beach by USA Today. The continued success of Clearwater's investment in projects like Beach Walk, Pier 60 renovations and Marina District improvements only add to the popularity and volume of people visiting Clearwater Beach. With this influx of people, especially during the peak times of between March 1 and Labor Day, staff is recommending that the Beach Guard Team be increased by 2.1 FTEs in order to expand the hours of operations to cover the beach from 9:30 am to 6:30 pm. Currently the guards are off the beach at 4:30 pm, which leaves the public beaches unattended even while there are still a lot of beach goers and activities going on at the beach. Extending beach guarding by two hours per day will give residents and visitors to the beach added security and a sense of safety that is not now being provided. The current beach guard program is funded through the Parking Fund. Council 2013-12-05 15 Staff is recommending that these new positions be funded with parking funds as well. For the remainder of this year, the budget impact will be approximately $52,670; the annual budget impact will be approximately $79,000. In response to questions, Parks and Recreation Director Kevin Dunbar said the cost savings to start at 10:00 am would be approximately $4,000 less. Staff begins their workday at 9:00 am for training and report to their post at 9:30 am. The beach is full of activity by 11:30 am. Mr. Dunbar said Pinellas County provides lifeguards at three locations during Spring Break and Summer. Councilmember Doreen Hock-DiPolito moved to approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater's public beaches from March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. The motion was duly seconded and carried unanimously. 9.6 Ratify and confirm the City Managers approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlan), Chongqing, China; and approve the City Manager and/or his designee be allowed to sign off on any future customs POAs if they should arise in the future. (consent) On August 27, 2013, the Parks and Recreation Department issued Purchase Order BR509161 to Arlau, for stainless steel 316 grade backless benches and stainless steel removable bollards to be used on Beachwalk. Unknown to staff, a POA was needed by the customs broker to receive the goods when they come to port in Jamaica, New York, estimated date of arrival December 5, 2013.Without the POA, the goods could not enter the United States and there would be additional fines, penalties and storage charges on the goods. Therefore, the City Manager approved signing the POA on behalf of the City so that the goods could be received without these additional costs and additional problems with customs. This is a standard issue in the shipping industry. By giving the City Manager or his designee the ability to sign off on these standard POA forms, the City will be better prepared to meet future needs if they should arise. Mayor George Cretekos requested future ratify and confirm items not be placed on the Consent Agenda. Council 2013-12-05 16 Councilmember Jay Polglaze moved to ratify and confirm the City Managers approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his designee be allowed to sign off on any future customs POAs if they should arise in the future. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Amend the Clearwater Code of Ordinances, Chapter 29, Article III, Public Service Tax, Section 29.76, Exemptions, for the purpose of providing incentives for businesses to relocate to, or expand within the City, providing for an exemption of Public Service Taxes on a decreasing graduated basis for a period of five years, for the purchase of electricity or metered natural gas, when Purchased by certain industrial customers within the NAICS code number 33441 in accordance with Florida Statute 166.231(6) and pass Ordinance 8508-13 on first reading. In accordance with Florida Statute 166.231(6), this Ordinance provides authority to the City of Clearwater to provide an exemption of the city-portion of the Public Service Utility Tax for a period of five years beginning on March 1, 2015 and expiring on February 28, 2020, for the purchase of electricity or metered natural gas in the following manner: Metered Natural Gas Year 1 100% Year 2 80% Year 3 60% Year 4 40% Year 5 20% Electricity Year 1 50% Council 2013-12-05 17 Year 2 40% Year 3 30% Year 4 20% Year 5 10% Program Goals The Public Service Tax Exemption Program is intended to support economic growth within the City of Clearwater by providing incentives for businesses to relocate to, or expand within the City, encourage capital investment and job creation, and promote and strengthen the local economy as identified in the City's approved Economic Development Strategic Plan. This program will position Clearwater as an attractive business location not only in the Tampa Bay region, but also throughout the State of Florida and beyond. Exemption Certificate Upon approval of this Ordinance, staff will send the Exemption Certificate to all eligible industrial businesses within the City of Clearwater identified as NAICS code number 33441, including those with subcategories 334412, 334413, 334416, 334417, 334418, and 334419. The business will certify they are exempt and send the Certificate to the vendor with a copy to the City of Clearwater Finance Department. Limitations Pursuant to the terms of the exemption, use of metered natural gas or electricity purchased for any nonexempt purpose will be subject to all applicable taxes. Vice Mayor Paul Gibson moved to amend the Clearwater Code of Ordinances, Chapter 29, Article I 11, Public Service Tax, Section 29.76, Exemptions, for the purpose of providing incentives for businesses to relocate to, or expand within the City, providing for an exemption of Public Service Taxes on a decreasing graduated basis for a period of five years, for the purchase of electricity or metered natural gas, when purchased by certain industrial customers within the NAICS code number 33441 in accordance with Florida Statute 166.231(6). The motion was duly seconded and carried unanimously. Ordinance 8503-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8503-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2013-12-05 18 'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.2 Approve an economic development ad valorem tax exemption of 75% of the increase in real and tangible personal property taxes for a period of 10 years for Instrument Transformers, Inc. beginning in Tax Year 2014 through Tax Year 2023; and pass Ordinance 8524-13 on first reading Instrument Transformers, Inc. (ITI), a subsidiary of General Electric Company (GE), has been in Clearwater for 38 years. The company is currently located at 1907 Calumet St in Clearwater (also known as 1925 Calumet Street, Clearwater) and is 190,700 SF on 17.44 acres and employs 436. The company proposes an expansion of the facility to create a manufacturing Center of Excellence for GE. They are creating 263 new jobs (143 of these new jobs will, on average, pay at least $41,810, which is 100% of the Pinellas County Average Annual Wage as published by Enterprise Florida, Inc. on January 1, 2013). Company is proposing +/- 208,000 SF new construction and $49,000,000 in capital investment that includes $20.6 M in Machinery and Equipment, $26.7 M in Construction, and $1.7 M in land acquisition (which will be annexed into the City at a future date). The site plan was approved by the Community Development Board on October 15, 2013. Authorization to Negotiate On August 14, 2013, City Council approved Resolution 13-21 providing authorization for the Economic Development Director to negotiate possible incentives including tax refunds and exemptions, and cash and non-cash incentives as an inducement to expand Project Banner's operations in the City of Clearwater. (Project Banner is the alias name given to the project in accordance with FS s.288.075 regarding request for confidentiality.) The resolution required that such incentives offered to and negotiated with Project Banner must yield an estimated payback period of no greater than 7 years with an estimated rate of return of no less than 10% as determined by economic impact analysis using Total Impact modeling by Impact Data Source. The resolution also states the maximum cash and value of non-cash incentives Council 2013-12-05 19 is not to exceed the value of the road improvements, fees, concessions, rebates, exemptions, waivers refunds and reductions. Further, any agreement reached under this resolution must be brought back before the City Council for final consideration. An Opinion Letter was transmitted to the company on September 6, 2013, and offered the following incentives: The Qualified Target Industry (QTI) Local Match (approved by Resolution 13-18 on August 14, 2013), cash and non-cash value of the certain proposed incentives, ED AVTE, and public service utility tax exemption (as proposed in Ordinance 8504-13). The offer was accepted as presented. On November 1, 2013, Economic Development and Housing received a complete and eligible Economic Development Ad Valorem Tax Exemption (ED AVTE) application and attachment form DR-418 from Instrument Transformers, Inc. requesting exemption of 75% for a period of 10 years. In accordance with Chapter 29, Article VII of the City's Code of Ordinances, applicants may request an exemption on the increase in real and tangible personal property taxes (excluding land) which result from the company's expansion of its Clearwater facility. Per the City's process, the application attachment (DR-418) was submitted to the Pinellas County Property Appraiser's office for review. Staff received the completed Appraiser's report on November 8, which included the following: • The company meets the definition of Expanding of an Existing Business as defined by FS 196.012(16) • Estimate of taxable value lost to the City if the exemption is applied for is granted: o Real Property $21,360,000 • Tangible Personal Property $16,480,000 • Estimate of the revenue lost to the City during the current fiscal year if the exemption requested would otherwise be subject to taxation: o Revenue lost $195,065 [Calculation: ($21,360,000 + $16,480,000) x $.0051550 = $195,065] Ordinance 8524-13 Overview This Ordinance provides ED AVTE of 75% for 10 years for Tax Year 2014 through Tax Year 2023. Staff recommends this maximum ED AVTE based on the following: 1) The project exceeds minimum thresholds: o Job creation threshold minimum for Manufacturing is 10 jobs • The project will create 263 new jobs Council 2013-12-05 20 o Pinellas County Average Annual Wage threshold is $41,810 (for applications received in 2013) o 143 new jobs will meet the requirement o Minimum Capital Investment required is $100,000 o The project budget is +/-$49,000,000 o 50% of goods sold outside Tampa/St. Pete/Clearwater MSA o 99.75% of locally produced goods are sold outside the MSA 2) Additionally, the company is committed to- o Producing an innovative line of products o Local procurement and will strive to incorporate as many qualified local and small business firms as appropriate o Local hiring and will work with WorkNet Pinellas and local staffing agencies o Environmental sustainability and has been recipient of GE's eCO2 award for exemplary progress toward meeting Corporate environmental goals. 3) An impact analysis of the company's project proposal shows a significant net positive contribution to the local economy: Economic Impact: o Permanent ITI jobs to be created: 263 jobs o Additional indirect and induced jobs (spin off): 185 jobs o Salaries to be paid to ITI workers: $98.8M o Total economic impact (Pinellas County over 10 years) $229AM Fiscal Impact (over 10 yrs): o Present Value of Net Benefits to City: $1,542,096 Incentives Analysis (Based on Cash and Non-Cash Incentives): o Rate of Return: 41.9% ROR o Payback Period: 2.1 years Business Maintenance and Continued Performance Agreement Overview All businesses approved for ED AVTE must execute a Business Maintenance and Continued Performance Agreement, which establishes the in effect during the term of the Exemption (10 yrs). Council 2013-12-05 21 Performance measures including job creation, wage verification and evidence of capital investment including purchases of machinery and equipment and construction of the expanded facility are elements of the agreement. The Company is also required to submit an annual report for staff verification of maintenance and performance requirements and includes conditions for Council revocation should the Company fail to meet the obligations of the agreement. Councilmember Jay Polglaze moved to approve an economic development ad valorem tax exemption of 75% of the increase in real and tangible personal property taxes for a period of 10 years for Instrument Transformers, Inc. beginning in Tax Year 2014 through Tax Year 2023. The motion was duly seconded and carried unanimously. Ordinance 8524-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8524-13 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 Miscellaneous Reports and Items 11. City Manager Verbal Reports - None. 12. Other Council Action 12.1 Council discussion of City Manager and City Attorney salary increases. Human Resources Director provided a salary analysis for the City Manager and City Attorney based on jurisdiction and population. Discussion ensued regarding increases provided to each employee group since 2007 through 2012 with concerns expressed that both positions are under the professional competitive salary range. It was suggested that the City Manager and City Attorney be given a 4% salary increase. A concern was expressed regarding approving a salary increase that is higher than one provided earlier to the general employees. In response to a question, Mr. Roseto said an equity adjustment for SAMP 4-6 employees has not been done; an equity adjustment was provided for SAMP 1-3 employees. Council 2013-12-05 22 Vice Mayor Paul Gibson moved to approve a 3.5% salary increase for the City Manager and City Attorney. The motion was duly seconded. Vice Mayor Paul Gibson and Councilmember Doreen Hock - DiPolito, Bill Jonson and Jay Polglaze voted "Aye "; Mayor George Cretekos voted "Nay ". Motion carried. Councilmember Bill Jonson moved to approve the effective date for the salary increase to be the first day of the next pay period. The motion was duly seconded and carried unanimously. 13. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 14. Adiourn The meeting adjourned at 8:21 p.m. Attest City Clerk Ct earkg crt of Mayor ity of Clearwater Council 2013 -12 -05 23