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06/04/2012 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER June 4, 2012 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall. 1. Presentations — Given. 1.1 Achievement Award from Innovation Groups (IG) at Transforming Local Government (TLG) — Rob Powers, Industrial Pretreatment Coordinator 1.2 Provide City Council an update on the status of the US 19 Clearwater: Creating Innovative Places project, including a summary of economic data and public input. (WSO) — Steve Schucraft, HDR HDR representative Steve Schucraft provided a PowerPoint presentation. Public engagement for the project included eleven listening sessions, an open house and an online forum. The study is looking at quality of development, how sites along US Highway 19 could diversify the tax base in the community and increase the local job base. The final plan will be presented to Council in August. 1.3 Report on Jetty Lights- Bill Morris, Marina and Aviation Director Marine and Aviation Director Bill Morris said the City has been maintaining three buoy lights since 2010. The buoy located nearest to the beach is missing. The buoys were signed "No mooring" because fishermen tie-off to the buoys and pull the buoys off- station. The buoys have not been added to the Coast Guard's light list, which means they have not been added to the navigation chart. The Coast Guard's light list is updated once a year; staff has questioned the Coast Guard as to why the lighted buoys Work Session 2012-06-04 1 have not been added. Mr. Morris said if the jetty was removed, the pass would close and require constant dredging. 2. Economic Development and Housing 2.1 Provide for a referendum on November 6, 2012 allowing the City Council to grant economic development ad valorem tax exemptions if approved by a majority of city voters; approve preliminary Economic Development Ad Valorem Tax Exemption Program parameters and pass Ordinance 8338-12 on first reading. On May 14, 2012, City Council directed staff to prepare an ordinance that provides for a referendum on the November 6, 2012 ballot to allow City Council to grant economic development ad valorem tax exemptions for qualifying businesses that create new jobs pursuant to Article VII, Section 3 of the Florida Constitution and Section 196.1995 of the Florida Statutes. Ordinance 8338-12 calls for a referendum that will be placed on the ballot on November 6, 2012 and puts forth the following ballot question: "Shall the City Council of the City of Clearwater be authorized to grant, pursuant to s.3 Art. VII of the State Constitution, ad valorem tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the City of Clearwater?" The ordinance outlines the City of Clearwater's desire to offer tax exemptions for new businesses relocating to the City and to expanding businesses in order to foster economic growth and increase employment as allowed by state law. The ballot language is due to the Supervisor of Elections on August 3, 2012. Economic Development Ad Valorem Tax Exemption Program Parameters The Economic Development Ad Valorem Tax Exemption Program is intended to attract new private investment and encourage capital investment and job growth in the City of Clearwater. The program would be a tool for the city to help regain a competitive edge not only in the Tampa Bay region, but also statewide in business attraction and expansion. Staff has developed preliminary Economic Development Ad Valorem Tax Exemption Program parameters for Council consideration. Staff has proposed the following program parameters in order to be most competitive with other Work Session 2012-06-04 2 jurisdictions' programs, allow the greatest flexibility for the Council to achieve its economic development goals, and for the City of Clearwater to realize an increase in tax base- -75% annual individual project maximum ad valorem exemption -10 year maximum exemption time period -$100,000 minimum capital investment without land -No cap on the number of applications or amount to be exempted per fiscal year -Job creation requirements will be those as required by state law: • Manufacturing (10 jobs) • Qualified Target Industries (10 jobs) • Export sales (25 jobs) • Office not in target industries (50 jobs) -Average wage for new jobs must be above the average wage for Pinellas County ($40,372 in 2012) -Each application must be approved by City Council via ordinance -All businesses must reapply annually for the exemption and provide a status report to ensure they are still in compliance with program requirements -City Council has the authority to revoke the exemption if the applicant fails to meet agreement expectations and/or program requirements In summary, the exemption applies only to improvements to real property and to tangible personal property. Work Session 2012-06-04 3 Staff will use the above preliminary program parameters to prepare educational materials in anticipation of the referendum on November 6. In response to questions, Economic Development and Housing Director Geri Campos Lopez said Saint Petersburg, Tampa, Sarasota, Hillsborough County and Polk County have adopted similar exemptions. Pinellas County is considering a similar exemption. Ms. Campos Lopez said the incentive also applies to existing businesses that are creating new jobs and making the minimum required capital investment. The exemption would be eligible on the improvement being made to the facility. Cities involved in the Tampa Bay Partnership are working collaboratively to bring jobs to the region. 2.2 Approve the first amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one (1) year period, modify the notice provision, and clarify the indemnification provision; and authorize funding in the amount of$50,000 in Fiscal Year 2012-2013 for the operation of the Beach Visitor Information Center (BVIC), and authorize the appropriate officials to execute same. (consent) The BVIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just west of the Clearwater Beach Municipal Marina. The center is a 15' x 20' air-conditioned concrete block structure of tropical seascape design compatible with existing beach buildings. The Economic Development and Housing Department is the "owner" of the building. The City's Building and Maintenance Division maintains the structural integrity of the building. The City released a Request for Proposals (RFP) for management services in March 2002, with the Clearwater Regional Chamber of Commerce (Chamber) being the sole respondent. A five-year agreement was signed in July 2002 and expired in July 2007. A two-month extension was approved in June 2007 to allow the next term of the agreement on the City's fiscal timeline. In July 2007, another RFP was released for management services and the Clearwater Regional Chamber of Commerce was, again, the sole responder. A five-year management agreement was signed in October 2007 and is set to expire in October 2012. The main purpose of the BVIC is to provide quality service and information to the visitors to Clearwater. The BVIC maintains open communication with the Pinellas County Convention and Visitors Bureau providing essential information as to the condition of traffic, parking, weather, red tide, events, activities and other information deemed appropriate. The BVIC facility is open 7 days a week, has a full time manager, and is staffed during key operating hours with the appropriate number of employees to serve the needs of the public. Work Session 2012-06-04 4 The BVIC maintains a guest book where visitors are asked to provide such information as the visitor's origin (state/country), if it's a first visit, if they flew or drove, length of stay, where they are staying, and if they already had reservations. The Center also provides a computer for visitors to check e-mails and other internet usage. Over the past ten years, over 462,980 visitors have been served. Comment cards are made available for the visitors to provide the City with information on their overall stay, things they liked or disliked and additional services the City might provide. Staff addresses visitor complaints and acts as a liaison to local businesses. Staff recommends exercising a one-year extension to the Management Agreement as the Chamber has managed the BVIC according to the management agreement and City expectations. While staff was originally contemplating preparing and releasing a new RFP, discussions with the Regional and Beach Chambers revealed that the Chambers would discuss options for potential collaboration in the following year. The budget for the one-year extension is $50,000 (revised budget is an addendum to Exhibit B). The budget anticipates a lower advertising, merchandise and tickets sales, however, any losses will be covered by the Chamber and any surpluses will be returned to the City. The funding for this one-year extension will be included in the City Manager's proposed 2012/13 annual operating budget. In summary, the first amendment to the management agreement extends the Agreement for one (1) additional one (1) year period (Extended Term), modifies the notice provision and clarifies the indemnification provision. In addition, to be consistent with city standards, the City will grant a revocable license to the Chamber to enter upon and occupy the Beach Visitor Information Center. 2.3 Approve a loan up to $800,000 to Prospect Towers of Clearwater, Inc. to renovate an existing rental housing apartment complex for seniors located at 801 Chestnut Street, Clearwater; enter into a land use restriction agreement, mortgage and note with loan terms as follows: a 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25-year loan on the remaining balance at one percent interest rate per annum, and authorize the appropriate officials to execute same. (consent) On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application for funding to renovate Prospect Towers. The renovations will include replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other Work Session 2012-06-04 5 eligible improvements. The total project is estimated to cost $800,000, including loan closing costs. Located at 801 Chestnut Street, Prospect Towers of Clearwater, Inc. (Prospect Towers) has been incorporated since 1969 with building completion in 1971. Prospect Towers is governed by a Board of Directors comprised of 11 local individuals who are responsible for management and administration, with day-to- day rental and building management being handled under contract by Presidio Realty, which employs on-site administrative, rental and maintenance personnel. Prospect Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one-bedroom units. The property includes a seventeen- story building and parking lot. The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on-site Desk Clerks, Emergency Call Buttons, Community Library, and an on-site Wellness Center. According to the Pinellas County Tax Assessor's Office, the property has a 2011 Market Value of $8,148,236.00. The unit rents vary from $432 for the efficiency units to $649 for the one-bedroom units. The existing rents are lower than the fair market rents at $690 for an efficiency unit and $766 for a one-bedroom unit. The rents are also lower than the high HOME rents at $656 for an efficiency unit and $704 for a one-bedroom unit. Therefore, the project would meet the existing HOME Program guidelines. Prospect Towers was originally funded through HUD's Section 231 Mortgage Insurance Rental Housing for the Elderly Program, which required the project to remain an affordable housing development. The Section 231 Program was designed to increase the supply of rental housing specifically for the use and occupancy of elderly persons and/or persons with disabilities. Prospect Towers' residents must be at least 62 years of age or have a disability and the capability to care for the apartment in which they reside. Recently, Prospect Towers repaid the loan to HUD, which no longer obligates Prospect Towers to remain affordable. By approving this 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25-year loan on the remaining balance at one percent interest rate per annum, the City will ensure that the housing units remain affordable over the next thirty years. The City will require Prospect Towers to enter into a land use restrictive agreement for a 30-year affordability period on the HOME-assisted units (total of 20 units). As with the original obligation, Prospect Towers has indicated their intent is to keep not only the HOME-assisted units affordable, but all units affordable. The Articles of Incorporation state in Article Third the purposes of the corporation including "to provide for elderly families and elderly persons on a non-profit below cost basis rental housing...." Similar language is Work Session 2012-06-04 6 found in the Bylaws, Article II, Section 1(a). The City of Clearwater will base affordability upon rents being at or below the Fair Market Rent level, as adjusted annually by HUD and will monitor the loan on a yearly basis. Funding for the loan will come from HOME Investment Partnership Program and Pinellas County Local Housing Trust Fund dollars with closing anticipated in June/July 2012. The Prospect Towers Board of Directors unanimously approved the term sheet at their meeting on May 22, 2012. Prospect Towers Board of Directors Chair John Doran said the facility maintains its commitment to provide affordable housing for senior citizens. Renovations include the replacement of two 40-year old water tanks, air handlers and updating the elevators. The scheduled pro forma allows the Prospect Towers to pay off what is borrowed from the City without raising rents. In response to questions, Mr. Doran said the current balance in reserves is at least $200,000, which came from HUD. The facility has been reserving the HUD funds for deferred maintenance. Economic Development and Housing Director Geri Campos Lopez said staff has reviewed the scheduled pro forma and annual audits submitted by the applicant. HOME program funds are received from HUD for down payment assistance or rehabilitation. In 2007, Pinellas County created a local trust fund to serve as the 25% local match for HOME funds. 3. Parks and Recreation 3.1 Consider recommendation by the Parks and Recreation Advisory Board to rename the North Greenwood Recreation and Aquatics Complex (NGRAC), located at 900 North Martin Luther King Jr. Avenue, to The Walter C. Campbell, Sr. Recreation and Aquatic Complex. At the January 12, 2012 City Council meeting, Council directed the Parks and Recreation Advisory Board to hold public hearings for the purpose of considering the renaming the NGRAC. Therefore, in accordance with Commission Resolution 94-12, the Parks and Recreation Board conducted and advertised a public hearing to consider recommendations for park names. A public meeting was held on April 24, 2012 at the NGRAC. The Board received three names for consideration. The Board ranked the names in the following order: 1. The Walter C. Campbell, Sr. Recreation and Aquatic Complex 2. The Walter C. Campbell, Sr. Community Center 3. Dr. Martin Luther King Jr. Recreation Center Work Session 2012-06-04 7 Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Council that the park be named "The Walter C. Campbell, Sr. Recreation and Aquatic Complex." In response to a question, Parks and Recreation Director Kevin Dunbar said no one who attended the public hearing recommended maintaining the name (NGRAC). 3.2 Ratify and confirm the City Managers approval to issue a Purchase Order to Keystone Excavators, Inc., of Oldsmar, FL, for $142,750 for the soil and delivery of the soil needed for the construction of the North Greenwood Athletic Fields located at the Jack Russell Stadium parking lot. (consent) On April 5, 2012, the Council approved a new Capital Improvement Project entitled North Greenwood Athletic Fields (CIP 315-93629) for $300,000; to be funded from Community Development Block Grant (CDBG), and amend the project budget to recognize a $25,000 donation from Clearwater For Youth (CFY), as well as any additional funds available from CDBG, when either a written agreement is provided or when the funds are received. Additional funds of $70,000 were secured from CDBG to complete construction of the field and $25,000 from CFY is pending. In order to meet the deadlines imposed by this project and the requirements associated with the CDBG funding to have the project completed no later than June 30, 2012 it became necessary to issue a purchase order to Keystone Excavators, Inc. for the soil needed for the project. By the time this item reached Council, it would be too late to complete the project. Staff is recommending that the Council ratify and confirm this decision. 4. City Manager 4.1 Approve the First Amended and Restated Memorandum of Understanding between the City of Clearwater, a municipal corporation of the State of Florida, and Ruth Eckerd Hall, Inc., a Florida Not-for-Profit corporation, delineating the responsibilities of the parties with respect to the purchase, rehabilitation, operation, and maintenance of the Capitol Theater and Lokey Building (403 and 401 Cleveland street) and if acquired, the building at 409 Cleveland Street; and authorize the appropriate officials to execute same. (consent) In 2006, Ruth Eckerd Hall requested an appropriation in Penny for Pinellas III (Penny III) for a $4 million-improvement to the Education Center at the Marcia Hoffman Institute at Ruth Eckerd Hall. It was approved by voters as part of the Penny III referendum. Subsequently, in 2008 the City of Clearwater and Ruth Eckerd Hall, Inc., entered into a Memorandum of Understanding (MOU) Work Session 2012-06-04 8 concerning the acquisition, renovation, operation, maintenance and temporary utilization of the properties known as the Capitol Theatre and the Lokey Building (403 and 401 Cleveland Street). It was anticipated that the subject properties would be incorporated into an expanded and renovated Capitol Theatre to be owned by the City and operated by Ruth Eckerd Hall, Inc. Due largely to the economic crisis which beset the nation later in 2008, followed by a transition in leadership at Ruth Eckerd Hall, the opportunity to move forward with a contemplated fund raising campaign by Ruth Eckerd Hall was interrupted and the purposes of the MOU and the Penny III project were largely unrealized. Ownership of the 403 and 401 properties were transferred to the City and the theatre is being operated on a temporary basis by Ruth Eckerd Hall. Other provisions of the MOU have remained dormant. Under the leadership of a new President/CEO of Ruth Eckerd Hall, a new capital and renovation strategy has been developed involving both the Capitol Theatre and Ruth Eckerd Hall per se. Ruth Eckerd Hall wish to move forward during the next several years with renovation of both facilities under a redesigned and expanded concept. This led to a renegotiation of both the MOU and the relative participation of the parties in the Capitol Theatre project and the Penny III appropriation, in order to efficiently and effectively facilitate successful completion of the two facility renovations and capital funding. The results of those negotiations are reflected in the attached amended and restated MOU. Key provisions of the new agreement are: In order to increase the effectiveness and operability of the Capitol Theatre, Ruth Eckerd Hall will attempt to acquire the property located at 409 Cleveland Street, and subsequently transfer the property to the City for Fair Market Value (FMV) , as established by the median point of two independent appraisals; The City will re- designate the $4 million Penny III appropriation from Education Center use to Ruth Eckerd and Capital Theatre renovation, to allow the Capitol Theatre construction to be fully funded and proceed without further delay. Ruth Eckerd Hall, in exchange, agrees to assume responsibility for funding the entire Ruth Eckerd Hall and Education Center improvements contemplated through their capital campaign. The City will advance the $4 million for Capitol Theatre from reserve funds and will later reimburse the reserve fund from the re-classified Penny III funds, when they become available. Prior to commencement of operation of the Capitol Theatre, Ruth Eckerd hall agrees to establish a $2 million operation and maintenance endowment fund for the Capitol Theatre, and to add 100,000 annually for 10 years. From a City financial contribution standpoint, the difference between the total cost commitment of the City under the current and proposed MOU are summarized below. The Proposed total will be increased by the amount of the purchase price for 409 Cleveland Street. Summary- Proposed-City Construction $7.3 million Work Session 2012-06-04 9 Original Property Acquisition $2.4 million TOTAL $9.7 million +/- Summary- Current-City Original Property Acquisition $2.4 million Education Center-Penny $4.0 million Construction $3.8 million TOTAL $10.2 million In response to a question, Assistant City Manager Rod Irwin said the City should have a $2 million-endowment fund, exclusively for the operating and maintenance costs of the Capitol Theater, prior to the opening of the renovated facility with $100,000 per year for ten years. At the end of the ten of the years, the City would have $3 million in reserves. The City Attorney said the annual installment amount will be revisited every five years to determine if that is the appropriate annual contribution amount. Ruth Eckerd Hall, Inc. Board of Directors Chair Josh Magidson and Ruth Eckerd Hall CEO Zev Buffman reviewed future plans for the Capitol Theater and stressed the organization's fundraising commitment. Discussion ensued with concerns expressed regarding fundraising capabilities and redirecting Penny for Pinellas funds for the educational facility to the Capitol Theater. In response to a question, the City Attorney said if the endowment fund is not raised prior to the opening, the City may terminate the agreement or reach another type of agreement. It was noted that Council still has to approve a purchase agreement for 409 Cleveland Street and facility renovation plans still need to go through the development review process. The Council recessed from 3:14 p.m. to 3:20 p.m. 5. Legal 5.1 Approve a contingency contract with Motley Rice, LLC., for representation for claims arising out of the April 20, 2010 Deepwater Horizon Spill and its aftermath and authorize the appropriate officials to execute same. (consent) The City of Clearwater may have some lost revenue attributable to the Deepwater Horizon oil spill of April 20, 2010. Specifically, reduced marine gas sold and Work Session 2012-06-04 10 reduced parking revenues for that time period may be directly or indirectly caused by the oil spill. Motley Rice, LLC is a law firm that will investigate and evaluate any such claims the city may have regarding this situation. If Motley Rice concludes the city has valid claims, they will represent the city in a lawsuit to pursue such claims. Motley Rice has contracted with Kwall, Showers and Barack to be their local counsel for this and any similar claims in the Clearwater area. Motley Rice would not be paid an hourly fee, but a percentage of any amount recovered by the city. Motley Rice would pay Kwall, Showers and Barack a percentage of the fees they receive. If no recovery is made, the city will not owe any fees or expenses except in certain circumstances outlined in the agreement. If Motley Rice recommends settlement and the city elects to proceed to trial and recovers no money damages at trial, the city will be liable for expenses incurred by Motley Rice in prosecuting the claim. If the city terminates the agreement before the claim is completed, the city will be liable for fees and costs incurred. Finance Director Jay Ravins said staff reviewed the different revenue funds after the BP oil spill and did not find that the spill, directly or indirectly, produced a drop in revenue. Mr. Ravins expressed a concern with validating a drop in revenue due to the oil spill; there are historical factors why a revenue fund dropped during a timeframe (i.e., weather). Motley Rice representative Ryan Berrick said the firm will be utilizing accountants specialized in this type of analysis who will consider historical factors in the analysis process. The analysis will include data from a period of years. In response to a question, the City Attorney said the City had not pursued any funding from BP because the City did not incur any direct out-of-pocket expenses. 5.2 Approve legal services agreement with Gina Grimes, Esq. at Hill Ward and Henderson for representation of the Community Development Board, Building/Flood Board of Adjustment and Appeals, and other boards as necessary. (consent) Gina Grimes has represented the Community Development Board since 2005 in order to prevent potential conflicts of interest of inside counsel. It was recently necessary for Ms. Grimes to represent the Building/Flood Board of Appeals. Work Session 2012-06-04 11 Ms. Grimes' current Legal Services Agreement references representation only to the Community Development Board. Additionally, Ms. Grimes' hourly rate has not been increased since 2005 and is currently $140.00 per hour for representation and $105.00 per hour for travel time, well below the local average. A new agreement will include reference to the Building/Flood Board of Appeals and other boards as necessary, and will increase Ms. Grimes' hourly rate to $150.00 per hour for representation and $105.00 per hour for travel time. 5.3 Adopt Ordinance 8319-12 on second reading, annexing certain real property whose post office address is 2172 Burnice Drive, together with the abutting right- of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 5.4 Adopt Ordinance 8320-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater, as Residential Low (RL). 5.5 Adopt Ordinance 8321-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 5.6 Adopt Ordinance 8325-12 on second reading, annexing certain real property whose post office address is 3113 San Mateo Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 5.7 Adopt Ordinance 8326-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3113 San Mateo Street, upon annexation into the City of Clearwater, as Residential Urban (RU). 5.8 Adopt Ordinance 8327-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3113 San Mateo Street, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Work Session 2012-06-04 12 5.9 Adopt Ordinance 8329-12 on second reading, adopting the City of Clearwater Code of Ordinances Chapter 13, Domestic Partner Registry, creating Sections 13/1 through 13/7, providing for repeal of all ordinances in conflict, providing for severability. 5.10 Adopt Ordinance 8330-12 on second reading, amending the Stormwater Utility Rates for fiscal years 2012 through 2016. 6. City Manager Verbal Reports — None. 7. Council Discussion Items 7.1 Tampa Bay Estuary License Plate fee increase from $15 to $25 Vice Mayor Gibson Vice Mayor Paul Gibson requested to add, "Supporting Tampa Bay Estuary License Plate fee increase from $15 to $25," to the City's 2013 State Legislative Agenda. The increased fee will be in line with 80% of the other specialty plates. There was consensus to add issue to the State Legislative Agenda. 7.2 Political Campaign Signs - Mayor Cretekos Mayor George N. Cretekos said he has received calls from candidates regarding the placement of campaign signs; city code allows the placement of campaign signs 60 days prior to the intended election. Mayor Cretekos said he posed the question regarding changing the timeframe to the City Attorney. The City Attorney said a recent court ruling involving the City of St. Petersburg has struck the 60-day provision; the City cannot enforce the placement of campaign signs prior to the election. The City may still enforce the removal of campaign signs after the election; city code requires the signs be removed within 7 days after the intended election. Staff will be presenting code amendments regarding the pre-election timeframe to Council in the near future. In response to questions, Assistant City Attorney Leslie Dougall-Sides said the court ruling did not discuss candidacy or at which point an individual is considered a candidate. The ruling was based on free expression; the ability of a citizen to post a political campaign or free expression sign in their yard or place of business. Campaign signs are not allowed in the rights-of-way. 7.3 Transportation Subcommittee Meetings - Councilmember Jonson Work Session 2012-06-04 13 Councilmember Bill Jonson said the PSTA is holding a workshop regarding the Alternatives Analysis for June 18, 2012. Councilmember Jonson requested a transportation subcommittee meeting to ensure the City provides a coordinated response on the various PSTA boards. Staff will be in attendance for any resource needs. There was consensus to hold a sub-committee meeting on June 14, 2012, immediately following the Pension Advisory Committee meeting. 7.4 Density and Parking Incentives for Affordable Housing Developments: take item off table and reschedule public hearing for June 20, 2012. Councilmember Polglaze At the May 17 council meeting, the motion to take "Approve amendments to the Community Development Code providing density and parking incentives for affordable housing developments" off the table failed due to lack of a second. Councilmember Polglaze has requested further discussion. In order for the matter to be discussed, the item must be taken off the table, requiring a motion to be passed in the affirmative. Since the matter is a public hearing, council must schedule the hearing and comply with public notice requirements. If there is consensus to move forward with the discussion, a motion will be required at Thursday's council meeting. In response to a question, the City Clerk said the motion at Thursday's meeting will be to take the item off the table and schedule the public hearing. The motion must carry in order for discussion to occur on June 20, 2012. Since the matter is a public hearing, Council will not be able to discuss the matter at Thursday's meeting. There was consensus to take the item off the table and schedule public hearing. 8. Closing Comments by Mayor— None. 9. Adjourn The meeting was adjourned at 3:58 p.m. Work Session 2012-06-04 14