05/01/2017
Council Work Session Meeting Minutes May 1, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Monday, May 1, 2017
1:00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes May 1, 2017
Roll Call
Present
4 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember
Cundiff, and Councilmember Jonson
Absent
1 - Councilmember Doreen Caudell
Also Present:
William B. Horne II – City Manager, Jill Silverboard – Deputy 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.
1. Call to Order – Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
Mayor Cretekos urged all to vote for Quincy, Clearwater Police Arson Dog, for
Hero Dog Award at herodogawards.org/dog/Quincy.
The Council recessed from 1:01 p.m. to 1:10 p.m. to meet as the Community
Redevelopment Agency.
2. Finance
2.1
Amend the Clearwater Code of Ordinances, Section 2.527 - Settlement of Claims, to
increase the City Manager or his/her designee authority to settle and release, on
behalf of the City, any claim or lawsuit, both for and against the City, up to and
including $50,000, which is an increase from its current amount of $25,000; approve
any settlement that exceeds $15,000 (currently $7,500) shall be reviewed by the City
Attorney and/or designee and any claim that exceeds $25,000 (currently $15,000)
shall require unanimous written concurrence of the City Manager, City Attorney and
Risk Manager or their designees and pass Ordinance 9031-17 on first reading.
The Risk Management Division of the Finance Department respectfully
requests this amendment to allow for settlement of claims to be more efficient
and to acknowledge that current claims settlement authorization levels are not
sufficient, since settlements have become increasingly more expensive since
1980, which is the date of the original Ordinance.
In reviewing the 22 claims that went to Council for settlement approval from
June 2014 to March 2017, 10 of those claims fell between $25,000 and $50,000.
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By increasing the settlement authority to $50,000, it will provide for the following
benefits:
Allow recognition that claims values have increased since 1980, the
date of the original Ordinance, due to medical and legal expenses.
Greater flexibility for Risk Management and the Claims Committee to
settle claims quicker, therefore reducing workload, claims severity and
legal expenses.
Reduce the amount of time for review and approval of these
settlements arising from one on one’s with councilmembers,
presentations at council work sessions and council meetings.
Risk Management believes the recommended changes to this Section will
increase the efficiency and provide a financial benefit of reducing claims
severity and legal payments.
In response to a question, Risk Manager Rick Osorio said the last time the
authorization levels were adjusted was 1980.
3. Engineering
3.1
Approve a Work Order to Engineer of Record (EOR) McKim and Creed of Clearwater,
Fl, in the amount of $170,847 for Lift Station 45 Force Main Replacement
(17-0016-UT), and authorize the appropriate officials to execute same. (consent)
The City of Clearwater’s Lift Station 45 has a 16-in. force main which transfers
wastewater collected from the Sand Key service area to Lift Station 16. The
force main is approximately 5,000 linear feet (LF) and is located along Gulf
Blvd between Lift Station 45 and the Sand Key Bridge.
This section of the force main has been repaired several times since 2007; the
latest repair occurred in December 2016 after a pipeline break and subsequent
minor spill.
The City has decided to replace the force main in its entirety because of the
repeated repairs and it is approaching 40 years of service.
Engineer of Record McKim and Creed will evaluate, design, and permit the
replacement of the forcemain for Lift Station 45.
APPROPRIATION CODE AND AMOUNT:
382-96654-561300-535-000-0000 $170,847
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Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent
to reimburse certain project costs incurred with future tax-exempt financing.
The projects identified with 2018 revenue bonds as a funding source were
included in the project list associated with Resolution 17-10.
Sufficient budget for interim financing or funding with 2018 Water and Sewer
Revenue bond proceeds, when issued, is available in bond project
0382-96654, Facilities Upgrade and Improvements to fund the work order.
In response to a question, Engineering Assistant Director Scott Rice said the
item before Council is for design. Once the design is completed staff will know
the project timeframe and cost.
3.2
Approve Amendment 1 to Local Agency Program (LAP) Agreement between Florida
Department of Transportation (FDOT) and the City of Clearwater to increase federal
funding by $67,981 for the construction of Druid Trail Phase IV, extend the agreement
to October 31, 2018, authorize the appropriate officials to execute same and adopt
Resolution 17-18.
January 19, 2017, City Council approved a Local Agency Program (LAP)
agreement between the City of Clearwater and the Florida Department of
Transportation (FDOT) and authorized the City to build the final section of the
Druid Trail which will tie into the terminus of Druid Trail Phase III. Druid Trail
Phase IV is an eight foot wide multiuse asphalt trail on Druid Road from
Evergreen Avenue (Glen Oaks Park) to the Duke Energy Trail.
Upon completion of design estimated costs were higher than anticipated. In
order to rectify this FDOT has agreed to cover the increase of $67,981. City
funds will remain at $687,807. FDOT federal funding will be increased from
$2,223,803 to $2,291,784. The overall project value increases from
$2,911,610 to $2,979,591.
The LAP agreement is expected to go into effect in May 2017 and the project
is to be completed by October 31, 2018.Maintenance of the facilities for the
trail will be the responsibility of the Parks and Recreation Department and
Traffic Operations Division of the Engineering Department.
City staff recommends approval of the LAP agreement and adoption of
Resolution 17-18.
APPROPRIATION CODE AND AMOUNT:
0315-92146-334411-000-000-0000 $67,981
A midyear budget amendment will increase budget only of Grant Revenue in
Capital Improvement project 0315-92146, Druid Road Improvement.
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In response to a question, Traffic Operations Manager Paul Bertels said the
completion date was moved to August 2018. The agency will insert the start
date on the contract when they execute the document.
3.3
Approve the final plat for Stevenson Creek Townhomes, whose physical address is
1112 Stevenson Avenue, located on the North-easterly corner of Stevenson Avenue
and the Pinellas Trail. (consent)
This plat will create 7 single family lots consisting of one acre, more or less.
This will include 7 attached dwellings in 3 different buildings.
The zoning is Medium Density Residential.
This was approved through the Development Review Committee on
September 1, 2016.
Staff was directed to provide information regarding whether the townhomes to
be developed are affordable or market rate.
3.4
Award a construction contract to PCL Construction Inc. for the Marshall Street Water
Reclamation Facility (WRF) Influent Pump Station Repair (16-0038-UT) in the amount
of $1,349,525.00, which is the lowest responsible bid received in accordance with the
plans and specifications; approve a Supplemental Work Order to Engineer of Record
(EOR) McKim and Creed, Inc. in the amount of $65,280.00 for construction
management and engineering inspection services and authorize the appropriate
officials to execute same. (consent)
This work provides for the repair of the Marshall Street WRF Influent Pump
Station which experienced a catastrophic failure during Hurricane Hermine.
Since then the facility has used a temporary pump system to bypass the
damaged Influent Pump Station. This repair would allow for the removal of the
costly temporary pump system and increase the plant’s reliability until a new
Influent Pump Station and Headworks can be constructed.
Project benefits are improved process efficiencies, reliability, ongoing
rehabilitation and restoration strategy of treatment infrastructure, increased
environmental protection and regulatory compliance.
EOR McKim & Creed, Inc. has reviewed the two bids received on this project
and recommended award to PCL Construction Inc.
February 16, 2017, City Council ratified and confirmed a Work Order to EOR
McKim and Creed for design, engineering services relating to electrical and
controls repairs and/or replacement of the Influent Pump Station and other
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effected systems in the amount of $199,000.00.
Supplemental Work Order one provides for additional construction
management and engineering inspection services related to the Marshall
Street WRF Influent Pump Station Repair during construction for a total work
order value of $264,280.
March 2, 2017, City Council authorized the purchase of four 170 horsepower
Flygt Pumps from Xylem Water Solutions USA, Inc., Apopka, FL for
$671,705.00; three Yaskawa Variable Frequency drives from ICON
Technologies, Tampa, FL for $114,644.77; one Square D Switchboard, one
Motor Control Center and miscellaneous electrical equipment form Schneider
Electric USA Inc., Tampa, FL for $38,500, to be used as part of the repair and
later in the new Influent Pump Station.
The City of Clearwater’s Public Utilities Department is responsible for owning,
operating and maintaining the Marshall Street WRF. Construction is scheduled
for completion by Sept 2017.
APPROPRIATION CODE AND AMOUNT:
382-96213-561300-535-000-0000 $ 65,280.00
382-96213-563800-535-000-0000 $1,349,525.00
Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent
to reimburse certain project costs incurred with future tax-exempt financing.
The projects identified with 2018 revenue bonds as funding source were
included in the project list associated with Resolution 17-10.
Sufficient budget for interim financing or funding with 2018 Water and Sewer
Revenue bond proceeds when issued is available in bond project 0382-96213,
Marshall Street Upgrades / Improvements to fund the project.
In response to questions, Public Utilities Director David Porter said the
Department has purchased pumps and controls that can be used in a new
pump station. The existing structure and equipment will be used for the time
being, which will get the pump station back on line while designing the new
pump station. Mr. Porter said the purchased equipment will be used in the new
station. The item before Council is for the installation of the pumps and
controls and modifying the piping, which will ensure the equipment will work
together and able to provide service the next 2-3 years until the new station is
designed. Mr. Porter said it currently costs $175,000 monthly to rent
equipment to keep the station on line.
3.5
Award a construction contract to RTD Construction, Inc. of Zephyrhills, FL in the
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amount of $430,076, approve Engineer of Record (EOR) Tetra Tech Inc.
supplemental Work Order in the amount of $97,988 for the Reverse Osmosis Plant 1-
Pressure Filter Modifications and Adsorption System Automation Project
(15-0031-UT) and authorize the appropriate officials to execute same. (consent)
This Agenda Item is for the construction of the Reverse Osmosis Plant 1-
Pressure Filter Modifications and Adsorption System Automation Project which
consists of replacement of the blower, valve replacement with automated
modulating butterfly valves for the adsorption system, structural supports for
the panels at the Pressure Filters, and programming of PLC control logic.
The goal of this project is to improve the operation of the Adsorption
System with automated valves and control, and replacing parts that are no
longer functioning.
Three bids were received and RTD Construction, Inc. was the lowest
responsive bidder in the amount of $430,076. After comparing and
evaluating the bids, Tetra Tech recommended awarding the construction of
the project to RTD Construction, Inc.
November 18, 2015, City Manager approved the work order initiation to
Tetra Tech for design services in the amount of $62,242. Supplemental 1
provides for CEI Services of construction contract for a revised work order
value of $160,230.
It is anticipated that construction will be accomplished in 337 calendar days
and completed by Spring 2018.
The City of Clearwater’s Public Utilities Department is responsible for
owning, operating and maintaining the Reverse Osmosis Plant 1.
APPROPRIATION CODE AND AMOUNT:
382-96764-563800-533-000-0000 $430,076.00
382-96764-561300-533-000-0000 $ 97,988.00
Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent
to reimburse certain project costs incurred with future tax-exempt financing.
The projects identified with 2018 revenue bonds as a funding source were
included in the project list associated with Resolution 17-10.
Sufficient budget for interim financing or funding with 2018 Water and Sewer
Revenue bond proceeds when issued is available in bond project 0382-96764,
RO Plant Exp-Res 1 to fund the project.
4. Planning
4.1
Update on the transportation planning work program conducted by the Planning and
Development Department. (WSO)
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The provision of adequate transportation facilities infrastructure is one of the
most important components needed to support future redevelopment and
increase investors’ confidence in the City of Clearwater. Facilitating the
movement of people and goods safely and efficiently is of utmost importance
to ensure the success of the City, and a multi-modal choice approach will be
necessary in order to accommodate future growth without sacrificing roadway
mobility efficiency. In Fiscal Year 2016/17, the City created a new
Transportation Planner position within the Planning and Development
Department, recognizing the need for long-term transportation planning, plans
integration and coordination activities with regional and local agencies.
Planning and Development Department staff has created a roadmap for the
City of Clearwater to achieve its objectives for a safe, efficient, and convenient
transportation system.
The Planning and Development Department will provide City Council with an
update on its transportation planning initiatives, including:
Complete Streets Planning
Bicycle Friendly Community (BFC) Certification
Updates to Shifting Gears, the City’s Bicycle and Pedestrian Master
Plan
Other Transportation Planning Projects
One of the priorities is to develop a Complete Streets Implementation Plan.
The objectives of this Plan are to:
Adopt a Complete Streets Policy for the City of Clearwater
Build stakeholders’ consensus (internally and externally) on the
elements of Complete Streets
Develop a framework for projects prioritization and delivery process
Adopt Complete Streets design guidelines for the City of Clearwater
Provide an implementation action plan
In March 2017, the City was awarded a grant from Forward Pinellas to develop
a Complete Streets Concept Design for Drew Street. If the City Council
chooses to accept this grant, the Drew Street project will serve as a pilot
project supporting the development of the citywide Complete Streets plan. The
unique characteristics of Drew Street offer a great opportunity to test and
evaluate a wide range of Complete Street strategies.
The Planning and Development Department has already started preliminary
work to update to the City’s 2006 Bicycle and Pedestrian Master Plan, Shifting
Gears, which will be completed in-house, alongside the other transportation
planning projects. This update will include an assessment of the effectiveness
of plan implementation to date, as well the creation of an updated bicycle and
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pedestrian facilities inventory and projects status list. In conjunction with the
other projects, it may be necessary to re-define the vision, goals and objectives
within the plan.
In response to City Council’s desire to become a Bicycle Friendly City (BFC), a
designation administered by The League of American Bicyclists (the League),
staff has conducted an initial assessment using the League’s designation
assessment chart “The Building Blocks of a Bicycle Friendly Community.” The
BFC designation is based on how well a city is providing safe accommodations
for bicycling and encouraging people to bike for transportation and recreation.
A city’s award level is determined by evaluating a city’s facilities based on five
overall attributes and three key outcomes.
Based on information from Shifting Gears, complemented by available current
information, the initial assessment indicated that the City has a strong system
of regional recreational trails, and there is great potential for rapidly increasing
bicycle ridership by enhancing connectivity to the existing trails. However,
overall the City scored poorly due to the limited bicycle facilities, low bicycle
ridership, and other metrics factored in by the League. For example, under the
Engineering attributes, the BFC designation takes into account the total bicycle
network mileage to total road network mileage. The City’s biking facilities total
mileage makes up only 9% of the total roadway network, where at least 26% is
required to achieve the BFC-Bronze designation, or an additional 86 miles of
biking facilities for this one measure.
The Complete Streets Implementation Plan project and the update to Shifting
Gears will address several items necessary to achieve the BFC-Bronze
designation, including:
Assessing the effectiveness of the Shifting Gears implementation plan
(i.e., policies, strategies, and actions)
Establishing a Bicycle/Pedestrian Advisory Group
Developing a biking facilities inventory system, a GIS-based system
Developing an active projects status list to track all related projects
(proposed, approved, under construction/ maintenance, and completed)
Developing a framework for projects prioritizations with robust
evaluation methodology and fair selection criteria that considers (cost,
connectivity, safety, demand, and equity)
Developing performance measure metrics
In addition to identifying what larger projects the City should consider
undertaking to strengthen its network, the Planning and Development
Department will provide a brief summary of other work being completed as part
of this update on the transportation planning work program.
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Item 4.1 was continued to May 15, 2017.
5. Public Utilities
5.1
Authorize a purchase order (contract) to Andritz Separation of Arlington, TX in the
annual amount of $300,000.00, with the option for two, one-year term extensions for
the purchase of parts and service and authorize the appropriate officials to execute
same. (consent)
Andritz is the Original Equipment Manufacturer (OEM) for replacement parts
and service used in the Belt Presses and Centrifuges at the Northeast and
Marshall Street Water Reclamation Facilities (WRF). Belt Presses and
Centrifuges (liquid/solid separation equipment) greatly reduce the volume of
biosolids that must be disposed by land application, thus greatly reducing the
cost of biosolids disposal.
The replacement parts and service are being purchased as a sole source due
to the benefits of standardization in accordance with Article II, Section 2.564(1)
(b), Code of Ordinances.
The City has a performance based contract with Siemens. The Centrifuges
must be kept functional to meet compliance regulations of the contract and the
Florida Department of Environmental Protection Permits.
APPROPRIATION CODE AND AMOUNT:
0421-01351-550400-535-000-0000 $100,000.00 FY16/17
0421-01351-550400-535-000-0000 $200,000.00 FY17/18
Sufficient funding is available in the Water & Sewer Utility Fund operating cost
center 0421-01351, Wastewater Environmental Technologies Operations, in
the amount of $100,000.00 to fund the current fiscal year’s cost of the contract.
The funding for the remaining balance of $200,000.00 occurring in fiscal year
2018 will be included in the Water & Sewer Utility Fund recommended
operating budget from the Public Utilities Director.
USE OF RESERVE FUNDS: N/A
6. Legal
6.1
Request for authority to settle the case of Gail Scott vs. City of Clearwater Case No.
16-003177-CI for $65,000.00. (consent)
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Gail Scott alleges that on August 25, 2015, a vehicle operated by a City of
Clearwater employee collided with her vehicle on Drew Street at or near the
intersection of Hercules Avenue. She alleges injuries to her shoulder, neck and
back as a result.
Authority is being sought to settle this case for $65,000.00, in exchange for
which the City will receive a full release and the pending civil action will be
dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
0-590-07590-545900-519-000-000
6.2
Request for authority to appeal an order final summary judgment against the City in
the case of Bayesplanade.com , LLC v. City of Clearwater (Case No. 16-000697-CI).
(consent)
On February 3, 2016, Bayesplanade.com, LLC, filed a civil lawsuit in the Circuit
Court of Pinellas County against the City of Clearwater seeking to quit title to a
certain tract of submerged land lying east of Clearwater Island.
Both parties filed motions for summary judgment and on April 18, 2017, the
Circuit Court granted Bayesplanade’s motion and denied the City’s motion.
The City Attorney’s Office believes that the City’s motion for summary
judgment was meritorious and that the City should appeal the judgment to the
Second District Court of Appeals.
The costs relative to this appeal would come from copy and other
administrative overhead costs, estimated to be $300.00.
APPROPRIATION CODE AND AMOUNT:
0-590-07000-545900-519-000-0000
In response to a question, the City Attorney said the cost to file the appeal is
$300. The case will be handled in house. If the City prevails, there will be no
attorney fees.
Staff was directed to take Item 6.2 off the Consent Agenda, to accommodate
the involved individual’s request to speak before Council.
6.3
Adopt Ordinance 8980-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city to change the land use designation for a 0.72
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acre portion of certain real property whose post office address is 2251 Montclair Road,
Clearwater, Florida 33763, from Preservation (P), to Residential Medium (RM).
6.4
Adopt Ordinance 8981-17 on second reading, amending the Zoning Atlas of the city
by rezoning a 0.72 acre portion of certain real property whose post office address is
2251 Montclair Road, Clearwater, Florida 33763, from Preservation (P) to Medium
High Density Residential (MHDR).
6.5
Adopt Ordinance 9008-17 on second reading, annexing certain real property whose
post office address is 3115 Johns Parkway, Clearwater, Florida 33759, together with
certain right-of-way of Johns Parkway, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
6.6
Adopt Ordinance 9009-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 3115 Johns Parkway, Clearwater, Florida
33759, upon annexation into the City of Clearwater as Residential Urban (RU).
6.7
Adopt Ordinance 9010-17 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3115 Johns Parkway,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
6.8
Adopt Ordinance 9011-17 on second reading, annexing certain real properties whose
post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater,
Florida 33759, together with certain rights-of-way of Hoyt, Moss, and Merrill Avenues,
Terrace View Lane, Lake Vista Drive, Glen Oak Avenue East and Glen Oak Avenue
North, into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
6.9
Adopt Ordinance 9012-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real
properties whose post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all
within Clearwater, Florida 33759, upon annexation into the City of Clearwater as
Residential Low (RL).
6.10
Adopt Ordinance 9013-17 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addressees are 3052, 3059, and
3070 Hoyt Avenue, all within Clearwater, Florida 33759, upon annexation into the City
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of Clearwater, as Low Medium Density Residential (LMDR).
7. City Manager Verbal Reports
7.1
Sidewalk Improvement on Island Way
The City Manger requested discussion be deferred since staff is still waiting
for the Island Estates Civic Association to provide information.
Item 7.1 was continued to a date uncertain.
In response to questions, Engineering Assistant Director Scott Rice said the
City has a program that reviews the condition of paved roads. The last
analysis included a sidewalk inventory; the analysis did not include sidewalk
condition. Staff is considering expanding the analysis to include the condition
of the sidewalk.
8. City Attorney Verbal Reports – None.
9. Council Discussion Item
9.1
Waiver of Comprehensive Sign Fee - Councilmember Jonson
Councilmember Jonson said Council discussed at the February 13 work
session the effectiveness of projecting signs for business in a pedestrian
environment. Projecting signs are allowable by city code; code allows only one
type of attached signs. City code does allow multiple sign types under the
optional comprehensive sign code program, which requires payment of $400.
Councilmember Jonson said he requested consideration at the February 13
work session to waive temporarily the comprehensive sign program fee until
the sign code could be amended to allow as a right projecting signs along with
the regular attached signs. He said staff now supports the recommendation
and requested Council reconsider the fee waiver.
Planning and Development Assistant Director Gina Clayton said staff provided
that recommendation to former Assistant City Manager Rod Irwin as a way to
address the comprehensive sign code program in Downtown/CRA area.
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In response to a question, Councilmember Jonson said his suggestion did not
limit the waiver to the Downtown area. The Downtown area is in most need of
the modification.
The City Attorney said if the fee is waived citywide, she imagined that broad
change would have a significant impact; not all comprehensive sign code
program applications are due to projecting signs. The fee is required because
there is a cost associated for staff to review the application.
Ms. Clayton said staff would not support a citywide fee waiver.
Comprehensive Sign Applications are complicated and require a significant
amount of staff time. Staff would support waiving the fee to a limited area; the
waiver would be an incentive for the CRA.
Councilmember Jonson amended his suggestion be limited to the CRA.
In response to questions, the City Attorney fee said the discussion before
Council is to amend the code to not require the fee in the Downtown. It was
anticipated that the amendment be permanent. Ms. Clayton said there are
projecting signs in different areas of the City that have been approved through
the comprehensive sign program. The comprehensive sign program is a
design based program for exceeding the minimum number of signs allowed by
code, which is one. Some businesses in Downtown went through the
comprehensive sign program, such as Starbucks, Waters Edge and Dunkin
Donuts; some businesses placed signs under canopies without permits.
Deputy City Manager Jill Silverboard said some businesses that are in place in
Downtown and have gone through the comprehensive sign program.
Discussion ensued with a concern expressed that reinstating the fee would not
be supported by the business community.
Ms. Clayton said staff is considering code amendments for Downtown and will
be presenting them to Council before the end of year.
10. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). – None.
11. Closing Comments by Mayor – None.
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12. Adjourn
The meeting adjourned at 1:49 p.m.
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