07/30/2012 WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
July 30, 2012
Present: 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.
Vice Mayor Paul Gibson called the meeting to order at 1:00 p.m. at City Hall.
1. Economic Development and Housing
1.1 Approve the proposed substantial amendments to the City of Clearwater's Fiscal
Year 2010-2011 Neighborhood Stabilization Program 3 (NSP 3) Action Plan to
modify the categories of funding and identify proposed projects.
The U. S. Department of Housing and Urban Development previously awarded
the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The
NSP 3 Program is designed to stabilize neighborhoods that have been and
continue to be damaged by the economic effects of properties that have been
foreclosed or abandoned.
The NSP 3 Program established five allowable housing strategies for funding.
They include using the funds for housing-related financing mechanism,
acquisition and rehabilitation, land banking, demolition, and redevelopment. On
March 10, 2012, HUD approved the City's NSP 3 Action Plan to use its funding
in the following manner:
Financing mechanisms for the purchase and redevelopment of
foreclosed homes and properties - $350,000 — 6 units
Acquisition and rehabilitation of foreclosed and abandoned properties -
$397,221 — 4 units
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Redevelopment of demolished or vacant properties for housing -
$500,000 — 10 units
• Administration - $138,580
At the time of HUD's approval of the NSP 3 plan, specific projects were not yet
identified. After further review and consultation, the City proposes to amend the
existing Action Plan to make the following modifications:
NSP 3 Activities to be deleted:
• Establish financing mechanisms for the purchase and redevelopment of
foreclosed upon homes and residential properties.
o Provide financial assistance to eligible homebuyers of up to 120%
AMI, to purchase foreclosed properties in the NSP3 Target Areas.
Estimated amount - $ 350,000
• Acquire and rehabilitate homes and residential properties that have been
abandoned or foreclosed upon, in order to sell, rent, or redevelop such
homes and properties.
o Provide financial assistance to acquire, rehabilitate and resell
foreclosed upon properties in the NSP3 Target Areas. Estimated
amount - $ 397,220
Total amount from deleted activities is $747,220.
NSP 3 Activities to be increased:
• Redevelop demolished or vacant properties and use for housing.
o Provide financial assistance to Boley Centers, Inc. to refinance
property acquisition costs and develop 14 units of rental housing
for individuals with income at or below 50% of AMI located in the
targeted NSP areas. Estimated amount - $346,451
• Redevelop demolished or vacant properties and use for housing.
o Provide financial assistance to SP Country Club Townhomes, LLC
to build 6 townhomes for families at or below 120% of AMI located
in the targeted NSP areas. Estimated amount - $475,770
Redevelop demolished or vacant properties and use for housing.
o Provide financial assistance to Pinellas County Habitat for
Humanity, Inc. to build 6 new single-family homes for families at or
below 80% of AMI located in the targeted NSP areas. Estimated
amount - $425,000
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Total amount of increased activities is $1,247,221.
The focus of these proposed activities is to continue construction financing for
projects already underway to ensure their success and timely completion. The
benefit for moving funding to construction financing is that once the loans are
repaid, the City can use those funds as program income for down payment
assistance for these and other properties.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said the Country Club Townhomes project will have four units per building. The
Boley project also targets veterans. Housing Manager Mike Holmes said no public
comments have been received regarding the proposed funding modifications.
In response to a concern that surrounding neighbors have not been notified of the Boley
project, Ms. Campos Lopez said all advertisement requirements have been met; the
project has met all zoning requirements.
2. Information Technology
2.1 Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in
the amount of$247,478.77 for the acquisition of network storage, network
backup and archiving management application and a disc-to-disc backup and
recovery appliance, in accordance with Sec. 2.5640)(d), Code of Ordinances
Florida State Contract; authorize lease purchase under the City's Master Lease
Purchase Agreement and authorize the appropriate officials to execute same.
consent
The continued growth of systems and business related data storage demand
necessitates increasing our storage capability and review of our backup and
disaster preparedness tools. Data storage requirements for City operations are
currently in excess of 60TB, anticipated growth of video archives will require
additional storage separate from the storage of daily system and document
activities.
The City has used Symantec's Net Backup product since 2002, changes in
backup and archiving systems technology as well as changes in pricing strategies
have prompted and change in tool sets. The City's disaster preparedness plan
includes protection of systems and application data for all City operations.
Technology advances have been trending away from tape systems to disc-to-disc
backup tools. New systems are faster, make more efficient use of storage and
are easier to deploy and maintain at off-site locations.
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All items will be funded from existing CIP project 316-94814, Network
Infrastructure Refresh and Replacement.
In response to questions, Information Technology Director Dan Mayer said the exit grid
device allows for backup off-site; the software is needed to execute the backup storage.
An enterprise backup is performed weekly.
3. Library
3.1 Approve funding from the City General Fund Reserves in the amount of
$188,291 to undertake fencing and related improvements at the Main Library to
define pedestrian patterns and create a public arts area. (consent)
On April 16, 2012, the Library Department presented Council with a request to
initiate improvements in the Main Library front Courtyard, West Terrace and the
pump house area. These improvements would include a fence, an art element,
improved landscaping and other elements. The Council requested staff to take
another look at the plan and modify it to enhance the appearance of this signature
downtown building. The new plan includes a new entryway with the fencing in the
recommended teal color, creating a much more welcoming entry. Although the
drawing shows the name of the library, which would not be allowed under the sign
ordinance, staff will substitute a literary quote.
Staff has provided two choices for the northeast wall of the library, a planter
element and an art element, although the art element shown is just an example,
not a specific choice. The proposal also includes replacing the cement pavement
with a paving stone equivalent to what is used in the Cleveland Street
renovations. Staff is requesting Council direction regarding the revised project,
choice between the art wall and the planter element, and the use of paving stones
in the project. This element was strongly suggested by the Library Foundation.
The library advocacy groups have all reviewed and approved the new fence
design. The art element is preferred over the planter because it requires less
ongoing maintenance and fits in with the feel of the courtyard staff is trying to
create. If approved, a third quarter budget amendment will establish capital
project 315-93529, Main Library Entryway Improvements, with a transfer of
$188,291 from General Fund unappropriated retained earnings. General Fund
reserves are currently $20.8 million, exceeding the reserve policy by
approximately $10.6 million.
Library Director Barbara Pickell provided a PowerPoint presentation.
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It was suggested that staff seek input from Robert A. M. Stern Architects, designer of
Main Library, before Thursday's meeting.
4. Parks and Recreation
4.1 No Item
5. Engineering
5.1 Award a Contract (purchase order) to Waterfront Engineering Inc., of Tampa,
FL., in an amount not to exceed $400,000 to fund City owned seawall upgrades
and/or replacement, and authorize the appropriate officials to execute same.
consent
A Request for Proposals (RFP 30-12) was advertised seeking qualified
contractors to upgrade and/or replace city owned seawalls that are at or nearing
the end of their useful life.
Waterfront Engineering Inc., of Tampa Florida, was selected as result of the RFP
rating and ranking process. The Engineering Department has performed visual
inspections of all city owned seawalls to develop a schedule of which seawalls to
address first. The attached map shows the first three locations that will be
addressed under this contract.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-93412, Citywide Seawall Replacement to fund this contract.
Environmental Manager Ed Chesney said the area being replaced is south of the
Seminole Docks.
Staff was directed to provide information for unit price per lineal foot and copies of the
RFP.
5.2 Accept a Drainage and Utility Easement granted to the City from Cay 1475, LLC
located southwest of the corner of Sunset Point Road and North Highland
Avenue contingent upon Council adoption of Ordinance 8350-12. (consent)
Cay 1475, LLC (Property Owner) owns fee title to the property containing the
proposed easement (Easement). The Property Owner has submitted an
application to the City for the vacation of a portion of an existing City drainage and
utility easement for the purpose of redeveloping the property. Ordinance 8350-12
has been drafted to accommodate the vacation and contains a condition requiring
the Property Owner to grant the Easement as an alternative corridor to be
available for City use. Council approved the ordinance on first reading on July 19,
2012 and second reading will occur on August 2, 2012.
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City staff has reviewed the proposal and determined that the proposed easement
is an adequate substitute for the easement proposed for vacation. Utilities
currently located within the easement area to be vacated will be relocated to the
new easement at the sole cost of the Property Owner.
5.3 Approve a Work Order to Engineer of Record Jones Edmunds and Associates,
Inc. for Engineering Services for the Northeast Water Reclamation Facility
(WRF) Internal Recycle Pump Station Upgrade (12-0017-UT) in the amount of
$118,800.00, and authorize the appropriate officials to execute same. (consent)
The requested $118,800.00 authorization under this Work Order is for
professional engineering services for Design, Permitting, and Bidding of the
Northeast WRF Internal Recycle Pump Station Upgrade Project.
The existing Internal Recycle Pump Station consists of five Archimedes screw
pumps with 32-MGD capacity each and three submersible pumps with 14.4-MGD
capacity each. The submersible pump station was added in 2001 to supplement
the aging screw pump station. The submersible pump station was designed and
built to include the option for future expansion.
The Archimedes screw pump station has reached the end of its useful life; three
of the screw pumps are no longer in operation. The goal of this project is to
provide a reliable pumping station that will pump the plant design capacity flows
(96 MGD) and meet Class I reliability as required by our FDEP Operating Permit.
The scope of services includes design to abandon the screw pump station and
upgrade the existing submersible pump station by adding additional submersible
pumps in the existing wet well. The design will also include electrical and
mechanical upgrades to the submersible pump station.
The Northeast WRF is located at 3290 State Road 580 Safety Harbor, Florida,
and is owned and operated by Public Utilities Department.
Sufficient funding is available in Capital Improvement Program project 0327-
96202, WWTP Screw Pump Replacement, to fund the work order.
6. Planning
6.1 Approve amendments to the Community Development Code repealing and
replacing Article 3, Division 18 Signs in its entirety and amendments to Article 8,
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Section 8-102, Definitions relating to signage, and pass Ordinance 8343-12 on
first reading.
In 2009, the Clearwater Regional and Beach Chambers created a forum to
discuss issues and ordinances that affect the two Chamber groups. The first
undertaking of the Clearwater Government Affairs Committee Task Force was to
review the City's sign ordinance. The Task Force, in concert with representatives
of the sign industry, submitted proposed revisions to the Clearwater sign code in
the summer of 2010 and after working with the Planning and Development
Department developed a list of proposed amendments, which were presented to
City Council for discussion on April 18, 2011. When the Mayor's Business Task
Force was established in April 2011, Council requested that signage be a topic of
their discussion as well. Through that process, the Chamber and the Business
Task Force came to agreement on recommendations for Council's consideration
and on December 14, 2011 presented the final list to City Council. Direction was
provided at that meeting to prepare an ordinance that would address the issues of
agreement.
Ordinance 8343-12 implements recommendations made by the Business Task
Force, the City's outside legal counsel and the Planning and Development
Department. Below is a summary of the substantive amendments included in the
ordinance.
Established two new minimum standard options for determining allowable
attached and freestanding signs in the non-residential districts. New standards
increase size of signs allowed;
Added provision permitting an attached sign along each frontage adjacent to a
right-of-way (corner lot/through lot) and a freestanding sign on each frontage of a
through lot;
Allowed an additional attached sign on rear facades in certain circumstances;
Created new section allowing a graphic elements on awnings in addition to
permitted attached sign;
Added new section permitting sidewalks signs for retail and restaurant uses
throughout the city;
Increased amount of allowable window signage;
Increased size of grand opening signs;
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Increased timeframe for determining when a nonconforming sign has been
abandoned from 30 days to 180 days;
Created new section exempting certain signs from regulation such as traffic signs,
regulatory signs, etc.;
Prohibited billboards and electronic changeable message signs with limited
exceptions;
Added free expression sign as a permitted temporary sign;
Revised provision for measuring sign height adjacent to elevated roadways.
Added similar provision for measuring sign height when adjacent to a barrier wall
along U.S. 19; and
Revised, deleted and added numerous definitions related to signs.
The Community Development Board (CDB) reviewed proposed Ordinance 8343-
12 at its July 17, 2012 meeting and unanimously recommended approval with the
following three comments:
Sandwich board signs should be allowed throughout the City as proposed in the
ordinance (not as recommended by staff along the traditional urban corridors);
Council should take note of the Business Task Force's concerns about the
definition of artwork; and
Possibly reconsider revising Section 3-1801, 3-1802 and 3-1803 with regard to
the Business Task Force constitutional concerns.
Outside Counsel Bill Brinton reviewed judicial reviews involving the City's sign
regulations. He provides staff guidance regarding First Amendment criteria.
In response to questions, Mr. Brinton said the City still controls signs on public property
but not the content. The city's comprehensive sign program was challenged in 2001
and the Court found it to be constitutional. Planning and Development Assistant
Director Gina Clayton said most temporary election signs in residential areas are
approximately 3 square feet; current code allows for a total sign face area of 6 square
feet. Staff is recommending limiting the size of temporary signs to 4 square feet in
residential areas and 16 square feet in non-residential areas. Mr. Brinton recommended
size consistency for temporary signs; one size for residential and one size for non-
residential. Ms. Clayton said the proposed minimum standard option for permanent
signs is 24 square feet.
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Staff was directed to provide information regarding the standard sign size used in the
real estate industry and a graphic for allowable wind sign.
In response to a question, Ms. Clayton said the proposed ordinance does not include a
provision to allow logos on umbrellas. The proposed ordinance includes a provision to
allow a graphic or design element to be included on awnings.
The Council recessed from 2:57 p.m. to 3:10 p.m.
7. Official Records and Legislative Services
7.1 Review Council Rules and Policies and provide direction regarding revisions.
(WSO)
Discussion continued to August 13, 2012.
8. Legal
8.1 Request for authority to institute a civil action on behalf of the City against
Suncoast Development of Pinellas County, Inc., to recover $1,658.99 for
damages to City property. (consent)
On October 20, 2009, employees of Suncoast Development of Pinellas County,
Inc., while using a backhoe, punctured a City gas line at the intersection of
Flamingo and Fairfold Drives, New Port Richey, Florida. Repairs to the gas line
totaled $1,658.99.
Several letters sent to Suncoast Development of Pinellas County, Inc., have
received no acknowledgment.
The costs relative to each of these actions will include a $300.00 filing fee and
fees for service of process of approximately $65.00.
8.2 Adopt Ordinance 8335-12 on second reading, annexing certain real property
whose post office address is 1907 Calumet Street into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
8.3 Adopt Ordinance 8336-12 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 1907 Calumet Street, upon
annexation into the City of Clearwater, as Industrial General (IG) and Industrial
Limited (IL).
8.4 Adopt Ordinance 8337-12 on second reading, amending the Zoning Atlas of the
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city by zoning certain real property whose post office address is 1907 Calumet
Street, upon annexation into the City of Clearwater, as Industrial, Research and
Technology (IRT).
8.5 Adopt Ordinance 8345-12 on second reading, relating to soliciting the occupants
of motor vehicles, renumbering Section 28.041 to Section 21.19, Code of
Ordinances, to include street-solicitation violations among those violations that
are punishable by a fine of up to $500.00, imprisonment for not more than 60
days, or both.
8.6 Adopt Ordinance 8347-12 as amended on second reading, prohibiting sitting or
lying on the publicly owned right-of-ways, sidewalks, piers, docks, boardwalks,
and entryways to publicly owned buildings in the downtown, gateway, and beach
tourist areas.
8.7 Adopt Ordinance 8348-12 on second reading, creating Section 21.21, Code of
Ordinances, prohibiting lodging out-of-doors.
8.8 Adopt Ordinance 8350-12 on second reading, vacating a portion of a 2-foot
Drainage and Utility Easement lying on a parcel of land lying in Section 2,
Township 29 South, Range 15 East, Pinellas County, Florida, and being a
portion of Lot 9, Brentwood Estates, as recorded in Plat Book 59, Page 28 of the
Public Records of Pinellas County.
9. City Manager Verbal Reports — None.
10. Council Discussion Items
10.1 Internet Cafes - Vice Mayor Paul Gibson
Vice Mayor Paul Gibson said he has received questions regarding opening an internet
cafe and requested an update from staff.
Clearwater Police Chief Anthony Holloway said when Clearwater Police receives a
complaint regarding gambling at an internet cafe, a detective will investigate and
provide case information to the State Attorney's office if legal action can be pursued.
Instead of using slot machines, which require placing money into the machine to receive
money, these facilities have a clerk who collects money and provides the customer with
something he/she can play on a machine for a chance at a prize. Chief Holloway said
there is no money placed into the machine - creating a legal loophole.
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Assistant City Attorney Rob Surette said the Florida Legislature attempted to clarify the
statute to make it clear without any ambiguity. The problem is the inconsistency of
enforcing the gambling statute across the state.
11. Closing Comments by Mayor— None.
12. Adjourn
The meeting was adjourned at 3:25 p.m.
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