City Council Meeting Minutes February 5, Draft. City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL

Transcription

1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Thursday, February 5, :00 PM Council Chambers City Council Page 1

2 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Rod Irwin, Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 3. Pledge of Allegiance 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) Given. 4.1 National Day Proclamation, February 11, Micki Thompson, Executive Director 4.2 Myeloma Awareness Month Proclamation, March 2015 Rosemarie Kibitlewski, Myeloma Education Group Representative 4.3 Outback Bowl Presentation - Chuck Riggs, Beach Day Chairman and Mike Schulze, Director of Communications and Sponsorships Mr. Riggs thanked Council and staff for their continued support and presented Council with a commemorative paperweight and autographed football Florida School Crossing Guard of the Year Award - Police Chief Dan Slaughter Award was presented to widow of School Crossing Guard Officer Douglas Carey. 4.5 Environmental Advisory Board (EAB) Presentation - Ed Chesney, Engineering EAB Chair Linda Varonich reviewed the Board s accomplishments during the past year and thanked former board members Peter Stasis and Michael Flannery for their efforts. She thanked Council for their continued support and Page 2

3 approving community gardens. 5. Approval of Minutes 5.1 Approve the minutes of the January 15, 2015 City Council Meeting and the January 21, 2015 Special City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson said the title of the Best Practices Design Book he mentioned was incorrect and requested that page 34, line 4 be amended to read, "...a copy of Rhode Island's Best Practices Design Book.." Councilmember Jonson moved to approve the minutes of the January 15, 2015 City Council Meeting, as amended, and the January 21, 2015 Special City Council Meeting, as submitted. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Jason Masterpietro said the Friends of Moccasin Lake have submitted paperwork to form a 501c3. John Hood encouraged the City to seek more media exposure for city park facilities and smaller community events held at the parks. Karena Morrison reviewed Black History Month events at the Martin Luther King, Jr. Neighborhood Center. CL Townsend thanked Council for joining other local cities to lower carbon emissions. 7. Consent Agenda Approved as submitted, less Item Approve the Collective Bargaining Agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining Unit for Fiscal Years 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to execute same. (consent) See Below. 7.2 Approve the purchase order in the amount not to exceed $456,000 for life insurance premiums for City Basic Life, CWA Life, SAMP Life, SAMP Supplemental Life, Retiree Page 3

4 Life, and Long Term Disability coverage for the two-year period from January 1, 2015 to December 31, (consent) 7.3 Approve a recommendation by the Public Art and Design Board for the commission of a public art installation for the Countryside Branch Library located at 2642 Sabal Springs Drive, as designed by artist Joan Weissman for a total cost of $62, to be funded from Countryside Branch Library Construction (CIP ). (consent) 7.4 Approve an increase to Florida Department of Transportation (FDOT) in the amount of $52, for the Joint Participation Agreement between FDOT and the City of Clearwater for the S.R. 590 from West of Marilyn Street to East of Audrey Drive Improvement Project; and authorize the appropriate officials to execute same. (consent) 7.5 Approve a work order to Engineer of Record (EOR) Interflow Engineering, LLC of Tampa, Fl, in the amount our $255,691 and a Cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater in the amount of $1,950,000 for Hillcrest Avenue Bypass Culvert, and authorize the appropriate officials to execute same. (consent) 7.6 Award a construction contract to C and M Dredging, Inc. of Leesburg, Florida, in the amount of $103,620 for Maintenance Dredge Services in Spring Branch and Stevenson Creek at Betty Lane and authorize the appropriate officials to execute same. (consent) 7.7 Approve a Work Order to Engineer of Record (EOR) Interflow Engineering LLC of Tampa, Fl, in the amount of $146,400, a Cooperative funding agreement between Southwest Florida Water Management District (SWFWMD) and the in the amount of $900,000 for Mango Street Stormwater Improvements, and authorize the appropriate officials to execute same. (consent) 7.8 Award a construction contract to Bio Mass Tech Inc of Land O Lakes, Fl, in the amount of $307, for construction of Byram Drive Channel Erosion Control Improvements ( EN) which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.9 Award construction contracts for a comprehensive maintenance program to clean, inspect, rehab and repair existing sanitary sewer pipelines and manholes throughout the in the amount of $5,660,000 for an initial 2-year term with an option of one 2-year term to the following vendors: Hinterland Group, Inc. of West Palm Beach, FL, Layne Inliner, LLC of Sanford, FL, Rowland Inc. of Pinellas Park, FL, Concrete Conservation, Inc. of Jacksonville, FL, VacVision Environmental, LLC of Tampa, and National Power Rodding Corp. of Chicago, IL which are the lowest responsible bids received in accordance with the plans and specifications of the Sanitary Sewer and Manhole Rehabilitation Project ( UT), and authorize the appropriate officials to execute same. (consent) Page 4

5 7.10 Approve the Business Lease Contract between the and Nosoco, Inc. for the lease of city-owned property, known as the Harborview Center, located at 320 Cleveland Street, and authorize the appropriate officials to execute same. (consent) 7.11 Accept a Water Main Easement conveyed by Grow Financial Credit Union over property located at 2768 Gulf to Bay Boulevard, Clearwater. (consent) 7.12 Approve two Blanket Purchase Orders to Evoqua Water Technologies, of Pittsburgh, PA, in the amount of $95, for Odophos and $67, for PRI-SC, for a total of $162, for a one-year period, and authorize the appropriate officials to execute same. (consent) 7.13 Award a contract (Purchase Order) for $114, to Vermeer Southeast of Clearwater, FL for the purchase of one 2014/15 Vermeer D913x13 S3 Navigator Horizontal Directional Drill, in accordance with the National Joint Powers Alliance Contract VRM (Category: Public Utility and Airport Equipment), 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City s best interest; and authorize the appropriate officials to execute same. (consent) 7.14 Award a contract (Purchase Order) for $143, to Alan Jay for one 2015 Ford F250 and two 2015 Ford F450 s for Gas Department s Replacement Vehicles, in accordance with the Florida Sheriff s Contract , 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City s best interest; and authorize the appropriate officials to execute same. (consent) 7.15 Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City s option (Invitation to Bid 08-15) with Iron Container LLC of Miami and Lake Alfred, FL in the annual amount of $100,000 for the purchase of front load containers as provided in the City s Code of Ordinances, Section and authorize the appropriate officials to execute same. (consent) 7.16 Authorize settlement of Rosales v., Case CI, for payment by the City of the sum of $40, in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) 7.17 Request for authority to institute a civil action on behalf of the City against Anthony C. Najera to recover $1, for damages to city property. (consent) Vice Mayor Hock-DiPolito moved to approve the Consent Agenda Page 5

6 as submitted, less Item 7.1, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.1 Approve the Collective Bargaining Agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining Unit for Fiscal Years 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to execute same. (consent) The current Collective Bargaining Agreement between the and the Fraternal Order of Police Clearwater Officers Bargaining unit expires on September 30, City management staff and representatives of the Fraternal Order of Police reached a tentative agreement for a new contract. The bargaining agreement was submitted by the union to its members who ratified the agreement by a vote of 90 to 5 on January 12, The agreement is a three-year contract providing for a 4% merit increase in each year of the agreement for all bargaining unit members who receive a rating of satisfactory or better on their annual performance evaluation. The agreement also includes an increase in the vacation accrual cap from 240 hours to 320 hours, utilization of Life Scan Wellness examinations to accomplish the annual physical examination requirement, providing 5% job assignment pay for Police Service Technicians who are providing field training, and an increase of the annual tuition reimbursement limit from $1500 to $1800 for approved Masters degree level courses. APPROPRIATION CODE AND AMOUNT: The increased cost associated with the implementation of this agreement to include the cost for salary and estimated benefit increase is anticipated to be as follows: Fiscal Year (FY) 2015/16: $669,618 (includes estimated increase of benefit cost of $5,000) FY 2016/17: FY2015/16 amount ($669,618) plus $706,203 (includes estimated increase in benefit cost of $15,000) = $1,375,821 FY 2017/18: FY2016/17 amount ($1,375,821) plus $733,851 (includes estimated increase in benefit cost of $15,000) = $2,109,672 Total: $2,109,672 One individual spoke in support. Councilmember Polglaze moved to approve the Collective Bargaining Agreement as negotiated between the and the Fraternal Order of Police Clearwater Officers Bargaining Unit for Fiscal Years 2015/16, 2016/17, and 2017/18 and authorize the appropriate Page 6

7 officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from Calvary Baptist Church (a/k/a. First Baptist Church of Clearwater) to vacate two portions of public right-of-way and an Easement for Right of Way, Sidewalk and Utilities, and pass Ordinance on first reading. (VAC ) First Baptist Church of Clearwater, Inc. (Calvary) has requested the right-of-way and easement vacations. None of the areas proposed for vacation are currently maintained for public use. Calvary owns all adjoining property and plans to use the property for expansion of its existing facilities located on the southwest corner of McMullen Booth Road and Drew Street. If vacated, the City will continue to own fee title to one of the right-of-way portions. At a later date, staff will submit a recommendation to Council to declare this parcel as surplus for the purpose of selling the property in accordance with the City s property surplus procedures. Affected private utility providers were consulted and each has provided a letter of no objection to the vacation request. The Engineering Department conducted an interdepartmental review of the vacation request. All City service and utility providers, potentially affected by the vacation, have no objection to the request. Councilmember Hamilton moved to approve the request from Calvary Baptist Church (a/k/a. First Baptist Church of Clearwater) to vacate two portions of public right-of-way and an Easement for Right of Way, Sidewalk and Utilities. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the 9. Second Readings - Public Hearing Page 7

8 9.1 Adopt Ordinance on second reading, amending Chapter 8, Code of Ordinances, to create Section 8.36, requiring persons in control of dogs on property other than the owner s to remove and dispose of dog waste and providing that no person shall allow an accumulation of dog waste on their property in a manner that creates a health hazard or public nuisance. Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 9.2 Adopt Ordinance on second reading, annexing certain real property whose post office address is 1266 Palm Street, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 9.3 Adopt Ordinance 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 1266 Palm Street, Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 9.4 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1266 Palm Street, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Page 8

9 Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 9.5 Adopt Ordinance on second reading, annexing certain real property whose post office address is 1853 West Drive, Clearwater, Florida 33755, together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the city, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.6 Adopt Ordinance 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 1853 West Drive, Clearwater, Florida 33755, together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the city, upon annexation into the, as Residential Low (RL). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second 9.7 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post address is 1853 West Drive, Clearwater, Florida 33755, together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the city, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second Page 9

10 9.8 Adopt Ordinance on second reading, annexing certain real property whose post office addresses are 1260 Sedeeva Circle North and 1203 Sheridan Road, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second 9.9 Adopt Ordinance 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 1260 Sedeeva Circle North and 1203 Sheridan Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.10 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1260 Sedeeva Circle North and 1203 Sheridan Road, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second Page 10

11 9.11 Adopt Ordinance on second reading, annexing certain real property whose post office addresses are 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded upon roll call, the 9.12 Adopt Ordinance 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 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second 9.13 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 11

12 9.14 Adopt Ordinance on second reading, annexing certain real property whose post office addresses are 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second 9.15 Adopt Ordinance 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 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall, Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU) and Preservation (P). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second 9.16 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second Page 12

13 9.17 Adopt Ordinance on second reading, approving the annexation of property located at 2222 Lake Shore Drive together with all right-of-way of Fourth Avenue South from Lake Shore Drive to Third Avenue South. (ANX ) Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.18 Adopt Ordinance on second reading, approving a Future Land Use Map Amendment from the Residential Suburban (RS) designation to the Residential Low (RL) and Residential Low Medium (RLM) designations for property located at 2222 Lake Shore Drive. (LUP ) Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second 9.19 Adopt Ordinance on second reading, approving a Zoning Atlas Amendment from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (City) for property located at 2222 Lake Shore Drive. (REZ ) Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 9.20 Adopt Ordinance on second reading, approving amendments to the Clearwater Community Development Code regarding numerous provisions, including: adding Brewpubs, Community Gardens, Microbreweries, and Urban Farms as permitted uses and providing for development standards, and flexibility criteria for Page 13

14 those uses; modifying the accessory use and parking lot surface standards with regard to community gardens; providing for an exception to parking lot setbacks, modifying the dock and landscape divisions; modifying the temporary use provisions with regard to temporary emergency housing; providing for operational standards pertaining to Community Gardens and Urban Farms; providing standards for non-contiguous annexations; providing for and modifying various definitions; and modifying the fee schedule in both the Community Development Code and Code of Ordinances with regard to tree permits. (TA ) Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second 9.21 Adopt Ordinance on second reading, annexing certain real property whose post office address is 2905 Gulf to Bay Boulevard, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second reading 9.22 Adopt Ordinance 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 2905 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation into the, as Institutional (I). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 9.23 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2905 Gulf to Bay Page 14

15 Boulevard, Clearwater, Florida 33759, upon annexation into the, as Institutional (I). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the 10. City Manager Reports 10.1 Amend the Clearwater Code of Ordinances, Appendix A, relating to Parks, Beaches, and Recreation Schedule of Fees, Rates and Charges Section XI, establishing additional options in lieu of non-resident card purchase for youth involved in City Co-Sponsored recreation youth groups and disabled United States military veterans and pass Ordinance on first reading. In June of 2005, the City Council approved Ordinance establishing new formulas for nonresidents wishing to use City recreation facilities and/or programs. The formula established at that time has been used for all nonresidents including youth involved in recreation youth groups and disabled United States veterans. That formula is as follows: Department Office/Management Budget + Indirect Overhead - Budgeted Revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee In an effort to provide a more affordable fee for youth non-residents who participate in one of the City's recreational youth co-sponsor groups and/or United States veterans who are disabled, staff is recommending that additional options in lieu of nonresident card purchase be added. The new options will provide for the following: 1. Youth registered in a City co-sponsored recreational youth group may purchase a non-resident individual youth sports card using the same formula as above less a surcharge factor. (savings of $60; new fee would be $120) 2. Two or more youth from the same family registered in a City co-sponsored recreational youth group may purchase a non-resident multi-youth sports card using the formula for Non-resident individual youth sports card X 1.5. (new fee would be $180) 3. Disabled United States military veterans may get a discount on their non-resident fee based on the percentage rate of their disability. (If disability is 50% the fee would be 50% less than the current Page 15

16 nonresident fee, which is $180 less 50% or $90.) These options will allow more nonresident youth and families to participate in and learn about sports from the various recreational leagues offered by City cosponsored groups. Nonresident adults and youth make these groups stronger and provide leadership so they can continue offering sports to the community and in particular to the residents of Clearwater. This ordinance also recognizes the contributions and sacrifices of our many disabled veterans who live in nonresident areas in our county. Councilmember Jonson moved to amend the Clearwater Code of Ordinances, Appendix A, relating to Parks, Beaches, and Recreation Schedule of Fees, Rates and Charges Section XI, establishing additional options in lieu of non-resident card purchase for youth involved in City Co-Sponsored recreation youth groups and disabled United States military veterans. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the 11. City Attorney Reports 11.1 Update on performance milestones on K and P Clearwater Estate development agreement. Sections 10.d) and e). of the First Amendment to the First Amended and Restated Development Agreement states as follows: Developer shall be entitled to immediate payment of the entire balance of the escrow account, if on or before February 12, 2015: 1) Developer closes on a construction loan for project construction; 2) Developer has commenced construction of the project; and 3) Developer has entered into a Management Agreement with a Hotel/Resort manager who meets the following criteria: a. Demonstrated experience managing beach resort facilities; b. Demonstrated experience managing quality facilities with 4 star attributes; c. Demonstrated experience managing facilities that Page 16

17 participate in Flag hotel franchise programs; d. Demonstrated experience managing hotel facilities with large volume food and beverage operations; and e. Demonstrated experience managing group/convention sales efforts for resort facilities. e) If the Developer does not close on the construction loan and actually commence construction on or before February 12, 2015, or if Developer does not make a timely escrow deposit as required herein; or if Developer does not enter into a Management Agreement with a Hotel/Resort manager who meets the above criteria on or before February 12, 2015, City shall be entitled to immediate distribution of the escrow deposit upon its demand to the Escrow Agent and the extension of the term of the Development Agreement will terminate. The City Attorney reported that the Developer has met all required performance milestones. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson reviewed a transportation summit he attended in Tallahassee. Emphasis was made on local governments' need for local decision making to increase quality of life and attract higher wage jobs, which will contribute to improving the State's overall quality of life. Councilmember Polglaze expressed excitement regarding the recent groundbreaking of The Nolen and expressed excitement, as it will have a positive impact ondowntown. Vice Mayor Hock-DiPolito said prospective candidates for the MPO/PPC Executive Director position have been narrowed down to six individuals; the decision is expected later this month. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. Page 17

18 14. Adjourn The meeting adjourned at 7:27 p.m. Mayor Attest City Clerk Page 18