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03/06/2014 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER IIVlardh 1 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 Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Pastor Bob Brubaker from Christ Community Presbyterian Church 3. Pledge of Allegiance — Councilmember Jay Polglaze 4. Presentations — Given. 4.1 Youth Arts Month Proclamation, March 2014 - Colin Bissett, President Clearwater Arts Alliance 4.2 American Red Cross Month Proclamation, March 2014 - Janet McGuire, Florida's West Coast Region - Regional Communications Officer 4.3 2014 CFY Scholarship Recipients - Dawn Daugherty, Clearwater for Youth Scholarship Committee Chairperson 5. Approval of Minutes 5.1 Approve the minutes of the February 20, 2014 City Council Meeting as submitted in written summation by the City Clerk. Council 2014-03-06 1 Councilmember Bill Jonson moved to approve the minutes of the February 20, 2014 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda — None. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the Release and Termination of restrictions upon certain privately owned land executed by Bay Park Center, Inc., located in the NE 1/4 of the SE 1/4, Section 19-29-16, known as 18820 U.S. Highway 19, which were originally accepted by the Clearwater City Commission on July 5, 1973, and authorize the appropriate officials to execute same. As an apparent condition to approval for the development of certain real property, Bay Park Center entered into those certain restrictions dated June 27, 1973 and recorded in the official records of Pinellas County at O.R. Book 4051, page 1874 (Restrictions).The City accepted the Restrictions at a public hearing on July 5, 1973 and thereafter recorded the Restrictions. The Owner has applied for and received a land use plan amendment for the Property rendering the Restrictions in conflict with the future land use category, and the Owner and City have determined the Restrictions are no longer necessary to protect the Property. Paragraph 3 of the Restrictions requires written consent of the City, after a public hearing on the subject, for any exception, variation or termination of the Restrictions. The Owner is requesting a Release and Termination of the Restrictions and staff recommends approval. Councilmember Bill Jonson moved to approve the Release and Termination of restrictions upon certain privately owned land executed by Bay Park Center, Inc., located in the NE 1/4 of the SE 1/4, Section 19-29-16, known as 18820 U.S. Highway 19, which were originally accepted by the Clearwater City Commission on July 5, 1973, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.1 Adopt Ordinance 8533-14 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 2730 Curlew Council 2014-03-06 2 Road, from Residential Urban (RU) to Residential Low Medium (RLM). Ordinance 8533-14 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8533-14 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 8537-14 on second reading, annexing certain real property whose post office addresses are 1238 Palm Street, 1215 Palm Street, 1349 Union Street, 1329 State Street and 1230 Aloha Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8537-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8537-14 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 8538-14 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 addresses are 1238 Palm Street, 1215 Palm Street, 1349 Union Street, 1329 State Street and 1230 Aloha Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8538-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8538-14 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 8.4 Adopt Ordinance 8539-14 on second reading, amending the Zoning Atlas of the Council 2014-03-06 3 city by zoning certain real property whose post office addresses are 1238 Palm Street, 1215 Palm Street, 1349 Union Street, 1329 State Street and 1230 Aloha Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8539-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8539-14 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 City Manager Reports 9. Consent Agenda —Approved as submitted less Items 9.1 and 9.2 9.1 Approve the Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc., which establishes certain conditions including capital investment, new mob creation, annual average wage thresholds for new employees, and other considerations as required by the City's Economic Development Ad Valorem Tax Exemption enactment authority, and authorize appropriate officials to execute same. (consent) See below. 9.2 Approve an agreement with Instrument Transformers, Inc. to provide certain economic incentives as an inducement to encourage the company to invest approximately $46 million in new construction, machinery and equipment for the expansion in Clearwater resulting in the creation of 263 new manufacturing mobs and approximately 212,000 sq. ft. of new construction creating a GE Manufacturing Center of Excellence, and authorize the appropriate officials to execute same. (consent) See below. 9.3 Approve the Agreements between the City and Cigna Health and Life Insurance Company providing Administrative Services and Stop Loss Insurance for the period from January 1, 2014 to December 31, 2014 at a total cost of approximately $1.8 million in accordance with the funding authorized by City Council on October 14, 2013, and authorize the appropriate officials to execute Council 2014-03-06 4 same. (consent) 9.4 Approve Concession Operations Agreement from March 1, 2014 through June 30, 2014 with Edward Bates, individually d/b/a Kinney's Kitchen (Kinney's), to provide food concession services for programs and activities held at the EC Moore Softball Complex, and authorize the appropriate officials to execute same. consent 9.5 Approve acceptance of Florida Department of Transportation (FDOT) High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in the amount of$29,036.80 for police overtime and related fringe benefits and authorize the appropriate officials to execute same. (consent) 9.6 Approve acceptance of Florida Department of Law Enforcement (FDLE), Justice Assistance Grant Countywide (JAG), in the amount of$17,735, and authorize the appropriate officials to execute same. (consent) 9.7 Accept a Drainage Easement conveyed by Westchester Lake Condominium Association, Inc. encompassing city-owned drainage facilities at two locations. consent 9.8 Accept two Traffic Signal Utility Easements conveyed by property owners at Westfield Mall and Countryside Centre. (consent) 9.9 Appoint Christopher J. Anuszkiewicz to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2014. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted, less Items 9.1 and 9.2, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.1 Approve the Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc., which establishes certain conditions including capital investment, new mob creation, annual average wage thresholds for new employees, and other considerations as required by the City's Economic Development Ad Valorem Tax Exemption enactment authority, and authorize appropriate officials to execute same. (consent) On December 19, 2013, City Council approved for Instrument Transformers, Inc. (ITI) Ordinance 8524-13 providing Economic Development Ad Valorem Tax Exemption (ED AVTE) of 75% for a period of 10 years. The ED AVTE applies to the increase in real and tangible personal property taxes that will result from ITI's Council 2014-03-06 5 expansion at their facility located at 1907 Calumet St in Clearwater (also known as 1925 Calumet Street, Clearwater). All businesses approved for ED AVTE must execute a Business Maintenance and Continued Performance Agreement, which establishes the performance criteria in effect during the term of the exemption (10 yrs). The Agreement outlines the conditions and terms for Instrument Transformers, Inc. and includes performance measures of job creation, wage verification and evidence of capital investment including purchases or leases of machinery and equipment and construction of the expanded facility. 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, which include the following: Tangible Personal Property and Real Property Capital Investment: • The company will purchase or lease approximately $20.6 million in machinery and equipment • The budget for construction of +/- 212,000 sq. ft. is approximately $25.4 million Job Creation and Wages: • The company will create at least 143 new jobs, that together, will pay an annual average wage of at least $42,000, which is at least 100% of the Pinellas County Average Annual Wage as published by Enterprise Florida, Inc. on January 1, 2013 Sales Factor: • The Company is to certify annually that greater than 50% of the company's goods are sold outside of the Tampa-St. Petersburg-Clearwater MSA. The agreement terminates in 2023. Instrument Transformers Local Plant Manager Phil Gonzalez said the local facility has been a long-term business in the City. Plans include investing $47 million to expand the facility to 400,000 sq. ft. and create 260 new jobs in Clearwater. Mr. Gonzalez thanked Council and staff for their support and leadership. Councilmember Jay Polglaze moved to approve the Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc., which establishes certain conditions including capital investment, new job creation, annual average wage thresholds for new employees, and other considerations as required by Council 2014-03-06 6 the City's Economic Development Ad Valorem Tax Exemption enactment authority, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.2 Approve an agreement with Instrument Transformers, Inc. to provide certain economic incentives as an inducement to encourage the company to invest approximately $46 million in new construction, machinery and equipment for the expansion in Clearwater resulting in the creation of 263 new manufacturing lobs and approximately 212,000 sq. ft. of new construction creating a GE Manufacturing Center of Excellence, and authorize the appropriate officials to execute same. (consent) In November 2011, the City of Clearwater approved a citywide Economic Development Strategic Plan that calls for the use of incentives and other tools to encourage desired development. On August 14, 2013, City Council approved Resolution 13-18 providing commitment of QTI Local Match for Project Banner ($42,900). (Project Banner is the alias name given to the project in accordance with Florida Statutes, s.288.075, regarding request for confidentiality). On the same date, the City Council approved Resolution 13-21 providing authorization for the Economic Development and Housing 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. Subsequent to the Director's transmittal of the City's proposed incentives and the Company's acceptance of the same, the Council approved for Instrument Transformers, Inc., the following: Economic Development Ad Valorem Tax Exemption (December 19, 2013; estimated value of$1,486,141); Public Service Utility Tax Exemption (December 19, 2013; estimated value $186,400). This agreement provides for cash reimbursement and non-cash commitments to the project as follows: Cash Reimbursement of Fees (Not to exceed $262,500) Reimbursement of necessary, required and reasonable fees, charges, and surcharges, which may include, but are not limited to Application, Permit, Impact, Inspection, Reinspection, Utility, Special, Amendment, Examination, Service, Connection, or other fees, charges and surcharges paid to the City of Clearwater during the development review, site planning and construction, and building planning and construction phases up to and including the issuance of a Certificate of Occupancy by the City of Clearwater. Council 2014-03-06 7 Reimbursement of fees identified above are to be made after the Certificate of Occupancy is issued and copies of all paid receipts are received by the Director of the Economic Development and Housing Department. Non-Cash Fast-Track Permitting ($9,000 Value) The City of Clearwater will provide fast-track permitting assistance to ensure prompt and timely response to permit review. Gas Main/Service Line Extension and Meter Installation ($2,500 Value) Clearwater Gas System (CGS) will extend natural gas piping/facilities and install a meter at no charge to the customer. Any gas piping installed beyond the outlet of CGS's meter shall be paid for and owned by the customer. In addition, all pipe installation services beyond the meter shall be performed by a licensed natural gas contractor and will be the customer's responsibility to maintain such gas pipe. Road Improvements ($1,000 Value) In order to address the potential need for a northbound to westbound left turn lane on Hercules Avenue at Calumet Street, the City will install approximately 1,600 lineal feet of double-yellow center line and a traditional striped island between Calumet Street on the north end and a point 800 lineal feet to the south which will effectively create a 120 lineal foot northbound left turn lane which will accommodate six to eight vehicles. Such road improvements are based upon the recommendations made by RAYSOR Transportation Consulting, LLC., Traffic Study dated July 8, 2013, and revised September 12, 2013. The agreement terminates when the company has completed construction, received its Certificate of Occupancy and the City has met the terms of the agreement which is estimated to be by December 31, 2015. Source of Funding Funding for this item will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of$262,500 to 181-99744, Economic Development Incentives. This amount is for the reimbursement of fees for this project. The balance in General Fund reserves is approximately $19.8 million, or 17.3% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million Council 2014-03-06 8 used to fund the current operating budget, a total of$2,460,415 of General Fund reserves has been used to date to fund expenditures in the 2013/14 operating budget. Vice Mayor Paul Gibson moved to approve an agreement with Instrument Transformers, Inc. to provide certain economic incentives as an inducement to encourage the company to invest approximately $46 million in new construction, machinery and equipment for the expansion in Clearwater resulting in the creation of 263 new manufacturing jobs and approximately 212,000 sq. ft. of new construction creating a GE Manufacturing Center of Excellence, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Schedule a special work session for the purpose of reviewing Public Records and Sunshine Law on Thursday, March 20, 2014. As discussed at the work session, the City Attorney has requested to schedule a workshop with Council to review public records and sunshine law shortly after the March 11 Election. Staff estimates the meeting to last approximately two hours. To ensure Council has a break before the scheduled council meeting on March 20, it is suggested that the work session begin at 3:30 p.m. There was consensus to schedule the special work session on March 20, 2014 at 3:30 p.m. for the purpose of reviewing Public Records and Sunshine Laws. Miscellaneous Reports and Items 11. City Manager Verbal Reports — None. 12. Other Council Action 12.1 Support the Greenlight Pinellas Plan and adopt Resolution 14-06. Council will hear presentations before approving the agenda item. • Greenlight Pinellas - CEO PSTA Brad Miller, Yes for Greenlight representative Don Ewing (10 minutes) • No Tax for Tracks - Barbara Haselden (10 minutes) Council 2014-03-06 9 Mr. Miller provided a PowerPoint presentation supporting the Greenlight Pinellas Plan, a comprehensive transportation plan for Pinellas County. Mr. Miller reviewed Plan details and said the issue will be on the November 4, 2014 ballot. Voters in Pinellas County will be asked to approve a one-cent sales tax increase for this initiative. Ms. Haselden provided a PowerPoint presentation opposing the Greenlight Pinellas Plan. Ms. Haselden expressed concerns with lack of ridership on PSTA (Pinellas Suncoast Transit Authority) buses and potentially having the highest sales tax in Florida. She said the top five PSTA routes account for 46% of the system's ridership. In response to questions, Pinellas County Commissioner Karen Seel said if the one- cent sales tax increase is approved, the elimination of the property tax may occur through an Interlocal agreement or a Special Act by the Florida Legislature. Mr. Miller said PSTA has approved to adopt a zero millage and seek approval of the Legislature to repeal the property tax from the Special Act establishing the PSTA. Light rail vehicles can go approximately 80 mph but the proposed rail system is slower due to the 16 stops, averaging 25 mph. The Greenlight Pinellas Plan will phase the addition of buses after the one-cent sales tax increase is approved by voters. The revenue will be used to implement the bus rapid transit improvements while planning the proposed rail system and rail operations. The Gulf to Bay Boulevard route will ultimately go to Clearwater Beach and extend to Tampa International Airport. Commissioner Seel said the Memorial Causeway Bridge is engineered to accommodate bus rapid transit. Mr. Miller said the PSTA approved a five-year budget plan that calls for much of the revenue be placed in reserves to fund the continued decline in ad valorem property taxes and bridge the gap until an alternative funding source could be identified. The bus service will be increased by 100% due to increased hours. Resolution 14-06 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 14-06. The motion was duly seconded. Six individuals spoke in opposition and five individuals spoke in support. Upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Council 2014-03-06 10 13. Closing Comments by Mayor Mayor George Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 7:59 p.m. Attest ,kozu ua� City Clerk .c�eoiierlcrc\sc ICOs Mayor ity of Clearwater Council 2014 -03 -06 11