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02/19/1991 CITY COMMISSION WORK SESSION February 19, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 10:29 a.m. First Quarter 1990/91 Budget Review (AS) A. Ord. #5081-91 - operating budget B. Ord. #5082-91 - capital improvement budget This report is based on three months of activity, October 1990 through December 1990. Although there are variances in revenues and expenditures, amendments are not proposed until additional data can be analyzed at mid year. In almost every department there is a fairly significant positive variance in personal service codes. The original budget included a 2% salary adjustment to be effective October 1, 1990. These adjustments have not been made pending the outcome of union negotiations. The Commission approved the transfer of the full budgeted pension contribution of $3,936,720 exceeding the actuarial required contribution by $865,130. This excess contribution may be used in future years to offset increases in the annual contribution requirement. On December 20, 1990 the Commission approved the establishment of a Stormwater Management Program consisting of new and enhanced stormwater related activities to be funded by a stormwater utility fee. A stormwater utility enterprise fund has been created in order to account for this program. The most significant adjustment in the General Fund is the correction of estimated revenues in the Parks and Recreation Department for the change in accounting treatment for programs conducted by contract professionals. Other General Fund amendments include the Commission approved adjustment for a sign amortization program in the Planning and Development Department. All other amendments are administrative in nature or immaterial in amount. The amendments to the Marina Fund reflect Commission action to reimburse the marina from the parking fund for the revenues lost by the conversion of the marina service station to paved metered parking. The amendments to the capital improvement program total a net decrease of $1,776,437, primarily reflecting the Commission approved changes in the current year funding of "Penny for Pinellas" infrastructure sales tax projects. The City Manager indicated real trends for budget adjustments will be known at mid year. In response to a question regarding amendments needed for the high cost of fuel, Betty Deptula, Administrative Services Director, indicated so far the Motor Pool has not adjusted their fixed costs to account for the rise in fuel prices as they are waiting for clear input of the increase. In response to a question regarding fire alarm fines being down, it was indicated this is a result of the positive effect of the ordinance which was adopted to try and alleviate the number of false alarms that occur. Status report regarding Recycling Program (WSO)(PW) Bob Brumback, Assistant Public Works Director for Utilities, handed out a brochure which charted the plans for Solid Waste Management over the next five years. He stated the law require the solid waste stream be reduced by 30% in 1994. He stated that by October 1, 1992 if the City has not recycled 50% of its containers and newspapers, the County can charge the City an additional charge of 1 cent per container and 10 cents a ton for newspaper. In response to a question, it was indicated the 30% has to be 30% less than the 1988 level of solid waste. Mr. Brumback reviewed the current programs stating the City has nine drop off centers and curbside pick up in certain neighborhoods. In response to a question, it was indicated that while there have been difficulties with the contractor for the curbside pick up, this is being dealt with. It was also indicated the City picks up white goods and sells them as scrap metal however, this is not self-supporting at this time. In response to a question, it was indicated glass, newspaper, cardboard, aluminum and tin result in revenues. It was indicated however that the collection may be more expensive than the revenue taken in. It was stated the City generates revenue from white goods and possibly office paper. Mr. Brumback indicated the City is currently at 12% of the 30% goal. He indicated he believes the City can make a 50% reduction in its solid waste stream but a comprehensive curbside and commercial program is needed. They are proposing the use of an 18 gallon container which will hold an average family's recycables for a week and there be a curbside separating truck. He stated this curbside pick up sort will be done with in-house resources as much as possible. It was indicated there are two components, residential and commercial and commercial includes multi-family. Commercial has a very clean waste stream and the City can use existing equipment. The issues to be considered are the City contracting the service; marketing with other cities and marketing the recycables by rail. Some ordinance revisions are being proposed which will provide definitions, prohibit scavenging, provide a commercial rate structure, a residential rate structure and a roll off rate structure. It was indicated that white goods are most profitable and people are picking these up prior to the City getting to them. It was indicated that the cost to the customer is not known at this time for the new recycling program. In response to a question, it was indicated that once a week garbage pick up has not been experimented with at this point. Contract for the purchase of a natural gas fired radiant non-vented heating system for the Fleet Maintenance shop area to the City's Utilities Gas Division for $18,043.00 (GS) Bids were solicited and received for a natural gas radiant non-vented heating system as recommended by the City's Energy Manager. The heating system is to be installed in the shop area of the Fleet Maintenance facility located at 1900 Grand Avenue. During the building's alteration to a Fleet Maintenance facility, the existing heating system was removed from the building due to the fact that the system did not meet the City's Gas Code which is based upon the National Fire Protection Association (NFPA) regulations. Therefore, the shop area is without the benefit of a heating system. In response to questions regarding whether or not insulation and radiant heat were considered, it was indicated these would not be effective for this facility. In response to a question, it was indicated all overhead is included when a City division bids for a job. Agreement with the Clearwater Slow Pitch Softball Association, Inc. (PR) The Parks and Recreation Department has worked for many years with the Clearwater Slow Pitch Softball Association (CSPSA) in offering slow pitch leagues and tournaments. The most recent agreement with the CSPSA was for a three year period which expired on January 7, 1991. The CSPSA membership is comprised of softball players from City leagues and their primary interest is to improve City facilities and programs. All monies raised by the CSPSA are used for softball and, in the past few years, they have installed fencing at the Eddie C. Moore Recreation Complex, purchased approximately $20,000 worth of concession equipment for the concession room, installed rain gutters around the concession building, constructed roofs over the Eddie C. Moore dug-outs, and expended about $10,000 for the construction of new dug-outs at Ross Norton Park and Chesapeake Park. The recommended agreement is for a two year period and is very similar, with only minor exceptions in wording, to the previous agreement. In addition to contributing toward improvements at City softball facilities, the CSPSA sponsors numerous tournaments which attract large numbers of players from in and out of Florida. Staff feels the agreement is in the best interest of the City, the CSPSA and softball enthusiasts. In response to questions regarding changes in the agreement, Ream Wilson, Parks and Recreation Director, indicated the term is now two years instead of three and there will be ten tournaments instead of twelve. He stated the Association will be responsible for the tournaments and can not use City personnel. There are no changes to the insurance requirements. Contract for the expansion of Ervin's All American Youth Club Building to Shamblin and Franks Construction for $64,815.00 (PW) In the fifteenth year Community Development Block Grant (CDBG) program, $24,000 in public facility funds were allocated to construct a shell addition to Ervin's All American Youth Club which would increase the floor area by 1,000 square feet. Subsequently, the size of this increase was proposed to be 1,500 square feet and several additional work items were included in the scope of work. On January 24, 1991, the Commission approved increasing the budget from $24,000 to $59,000. The existing metal building is owned by the City and leased to Ervin's All American Youth Club for the purposes of providing educational and recreational opportunities for low and moderate income children. This construction project was advertised for bids including the base metal addition and three alternative as follows: Base - 30 x 50 foot metal building addition with electrical and plumbing rough-in and life safety equipment only. No interior finish work or work on existing building; Alternate 1 - Reside the existing building to match the new addition. This also includes the removal of existing windows and the addition of two new windows; Alternate 2 - Interior finish work for the proposed addition. No H.V.A.C. work or suspended ceilings; and Alternate 3 - Installation of suspended ceiling in the addition and installation of complete central H.V.A.C. system for the entire facility, and complete electrical upgrade. Six bidders responded with the overall low bid of $64,815 being submitted by Shamblin and Franks Construction. Staff recommends approval of all three Alternates which will result in a cost of $5,815 over the approved budget of $59,000. Additional CDBG funds are available, due to receipt of excess program income above prior year's projections. This revision to the CDBG fund statement will not require formal amendment, as it does not constitute a substantial change to the overall program. In the event it is decided not to increase the budget to accommodate all three Alternates, staff would recommend Alternate 1 not be accepted which would reduce the overall contract cost by $8,008 to a total cost of $56,807. In response to a question, it was indicated the total cost proposed does include Alternates 1, 2 and 3. A question was raised regarding Pinellas Trails and it was indicated the portion through Clearwater would be one of the last portions constructed. (Cont. from 2/7/91) First Reading Ord. #5080-91 - Relating to utilities; amending Sec. 50.15 regarding charges and fees for backflow prevention devices; amending Sec. 52.015 regarding definitions for detector check valves (PW) On March 1, 1990, the Commission adopted Ordinance #4945-90 which established customer charges for required backflow prevention devices. When required, the devices are installed and maintained by the Water Division. Since the adoption of this ordinance, it has been enforced primarily to ensure installation of proper devices on new service connections. Now that experience has been gained in installing and maintaining backflow preventors, and similar detector check valves and double detector check valves, it is desirable to begin installing these devices on certain existing water service connections that are considered potential hazards to the public water distribution system. The existing service connections do not have the backflow prevention or detector check valves devices because they were not required at the time of original construction. To provide existing water customers some relief from the established charges, proposed Ordinance #5080-91 establishes separate reduced charges for these installations, when required, on existing service lines. The reduced rates include costs for material only - the City will provide the labor for installation at no charge to the existing customer. The Pinellas County Water System offers similar cost savings for this type of installation to existing customers. The proposed ordinance also modifies two existing rates for backflow prevention device installation to make them more compatible with actual costs and establishes definitions for "detector check valve" and "double detector check valve". It was indicated the backflow prevention devices cost the City $116,094 a year. In response to a question, it was indicated there would be no additional employees needed for this program. In response to a question, it was indicated this was not for use with reclaimed water and is for potable water. Currently FDER does not require backflow prevention devices on reclaimed water systems. In response to questions regarding the reclaimed water system, Bill Baker, Public Works Director, indicated this will be a 15 year program. The plan is to start in Countryside with a pilot project. He stated the City will be budgeting reclaimed water projects as we see the need and the practicality. There would be a charge for the water. (Cont. from 2/7/91) Public Hearing & First Reading Ord. #5084-91 - Vacating 16' east-west alley lying N of Lot B, Bergens Replat and easterly 1/3 of Lot 2, and the westerly 1/3 of Lot 3, Blk 2, Jones' Sub. of Nicholson's Addn. to Clearwater Harbor (Salvation Army V90-14)(PW) This portion of the Salvation Army's vacation request was continued from the February 7, 1991 Commission meeting. The vacation of the 15 foot north-south alley lying west of North Ft. Harrison Avenue, was approved on February 7, 1991. The applicant is proposing to construct a new parking lot which will include the land now occupied by the alley. This petition was reviewed by the various City departments/divisions concerned, and except for those of the Public Works Director, there were no objections providing full width drainage and utility easements are retained. Florida Power has no objections providing full width easements are retained. General Telephone has no objections providing a 4" customer owned conduit is provided for their use. Vision Cable has no objections. The Public Works Director has reviewed comments submitted by the reviewing departments and made an on site inspection of the alley. The Director recommends the east-west alley should not be vacated because it does represent a traffic option which, were it lost to the public, would create a longer route of travel for the citizens adjacent to Osceola Avenue between Jones Street and the alley in question. An acceptable alternate access easement dedicated to the City would eliminate his objections. It was stated there is a petition in opposition of the vacation. In response to comments regarding the deplorable condition of the alley, Mr. Baker indicated if the Commission does not approve the vacation, the City will fix it and there still needs to be a traffic option available to residents in the area. It was stated that the overall site plan requested has not been provided to staff as of yet. Contract to purchase a crew cab truck for the stormwater utility section of Public Service to Karl Flammer Ford, Tarpon Springs, FL, for $15,186.00 (PW) With the creation of the stormwater utility ordinance, Public Works/Infrastructure-Public Service, as one of the recommendations of the stormwater utility program, established crews for the expanded level of maintenance in the drainage section (especially in ditches and creeks) for the FY90-91. These employees are to commence work in February 1991. This vehicle is a new item to be used to transport personnel and equipment to and from the job site. The 1990/91 Stormwater Utility Enterprise Fund includes sufficient monies for this purchase. A total of 13 bids were solicited, with 1 bid received, 1 no bid and 11 no response. Only one bid was received due to the history of bidding against the State; Flammer Ford is the only competitor to ever underbid the State. Therefore, other bids were not solicited beyond the first "invitation to bid". In response to questions regarding why a camper or pick-up truck could not be used, it was indicated it was felt this would not meet safety standards. C.O.#1 to the Contract for the East Advanced Pollution Control Facility - South Interceptor Rehabilitation - Phase II, with no change in the contract amount of $1,387,726.05 (PW) The purpose of this Change Order #1 is to provide the contractor with a 30 calendar day time extension. During the earlier stage of the project, Westra Construction Corporation encountered delays from both the Seville Condominiums (Mr. William Albrecht) and Mr. Alan Stowell, a property owner just west of Thornton Road. The contractor had to provide the Seville Condominiums with written documentation regarding his work procedures, work limits, clean-up operation, excavation, back-fill and work hours in the existing easement crossing the condominium property. The contractor lost 15 calendar days at the Seville Condominiums. Further, after a considerable time delay, the proposed 30-inch pipe liner crossing the property of Mr. Alan Stowell was canceled by the Public Works Department. Mr. Stowell would not permit any construction activities across his property. The contractor lost 15 calendar days at the Stowell property, which accounts for the total requested time extension of 30 calendar days. The City Manager indicated the basic problem has been with accessing the line in order to rehabilitate it. Concerns were expressed that if there were a failure of the line, who would be responsible and if there was any way to protect the City as the property owner has not allowed access to the property in order to rehabilitate the lines. In response to a question, Cecil Henderson, Assistant Public Works Director, indicated this is an old easement and in the easement it says the City must get permission to do the maintenance and Mr. Stowell, owner of the property, has not given the City that permission. There was concern that should the line fail, the untreated sewerage would go directly into the bay. In response to a question, it was indicated the only recourse would be to condemn and take the property. It was indicated there are four manholes on the Stowell property. It was questioned whether or not the City could put Mr. Stowell on notice that he was liable should there be a line failure. It was questioned how to establish proof in the record of him not allowing the City on the property. It was indicated an affidavit could be put in the file. There was concern regarding the need to build a case for potential action. It was stated the City needs to take some action as it can not allow the line to just sit there. It was requested the property owner be put on notice. Approve contract to purchase Lots 8 and 9 of original Lot 2 of the R. H. Padgett Sub. owned by the heirs of Arthur Miller for $75,000 (PW) The subject lots are located at the southeast corner of Pierce Street and Washington Avenue. The lots contain 13,290 square feet m.o.l. and the cost is $5.65/S.F. Staff considers the price to be reasonable market value. The two lots are being purchased for future development. The contract for purchase contains the signatures of three of the six owners. The listing realtor states that all owners are willing to sell but three live out of Clearwater. Approval of the contract by the City is subject to obtaining the signatures of the remaining three owners. All owners are expected to be available to sign documents at closing. In response to a question, it was indicated this property will be used in conjunction with the annex property. An environmental analysis will be done. Revised Exhibit A & B to the Natural Gas General Service Agreement with Florida Gas Transmission Company to increase the maximum daily contract quantity of gas supply for October from 48,350 to 58,430 therms per day in Phase I and from 49,300 to 74,960 in Phase II (PW) The City's natural gas supplier, Florida Gas Transmission Company (FGT) has made available to the City a permanent increase in supply for the month of October. FGT has submitted second and third revised exhibits A and B to the original general service agreement, which was approved by the Commission on November 16, 1989. The revised exhibits A and B increase the City's October daily gas allocation. The City's current exhibits A and B provide 48,350 therms per day in Phase I and 49,300 therms per day in Phase II for October. The second revised exhibits A and B provide 58,430 therms per day in Phase I. The third revised exhibits A and B provide 74,960 therms per day in Phase II. The City is currently allocated gas supply under Phase I Exhibits A and B. The City will automatically come under the allocation in Phase II exhibits A and B, when FGT finishes Phase II pipeline expansion approved by the Federal Energy Regulatory Commission. The expansion will provide additional gas capacity of 100,000 MMBtu per day for FGT customers. In October 1990, due to increased sales, the City had four days where its gas usage exceeded 40,000 therms. One day reached 45,910 therms, which is within 5% of the current maximum daily contract quantity. The City had overrun gas to backup its demand but still needs the additional supply for future growth. Staff feels this increase is in the City's best interest and will supply its efforts to acquire new customers and promote sales. A question was raised regarding whether or not there was a commitment to buy the total amount. Bob Brumback indicated there is a reservation charge and then an additional commodity charge if the gas is actually used. It was indicated revenues were down because of a mild winter and a question was raised regarding a 5% increase in October. It was indicated People's Gas had the same experience and there was no explanation. Public Hearing for purpose of obtaining public input regarding Route and Schedule Changes on the Jolly Trolley serving Clearwater Beach and Sand Key (PW) The Jolly Trolley route operated by Pinellas Suncoast Transit Authority (PSTA) which is routed across Clearwater Pass Bridge to the north end of Sand Key and returns to Clearwater Beach, was in the past officially established by PSTA as a 30 minute route. The City requests that PSTA add an additional stop along that route at the Shoppes of Sand Key, adjacent to the new Radisson Suite Resort. The City has been informed by PSTA officials that because this route has for some time taken longer than its official 30 minute designation, a public hearing wherein the route's length and time schedules are discussed is necessary to accomplish the additional stop. PSTA staff will be on hand to speak at the hearing. City staff recommends the route's official time designation be either 40 or 45 minutes and the additional stop be accommodated. While the public hearing is required to be held, no action will need to be taken by the Commission other than receiving public input. PSTA will take any comments or questions that are presented at the public hearing into consideration when they take action regarding the schedule change. Discussion ensued regarding the current status and it was indicated that while the additional stop would actually add only 3 minutes to the route, the Jolly Trolley currently has not been able to meet the 30 minute designation. It was stated this request is being brought forward by the Radisson as they are having a problem with people getting off at the Radisson and then walking through the Radisson property to the Shoppes. This public hearing is being held to help facilitate the process as two public hearings are needed in order for PSTA to make the change. It was stated more Trolleys could be requested but that would cost additional money. A concern was expressed that if the Trolley route is longer than 30 minutes, it will no longer be as valuable as it is now. It was indicated the Trolley has not been meeting the 30 minute designation. A question was raised regarding the status of removal of parking on Ft. Harrison Avenue. The Public Works Director indicated they have to move the curb and gutter back and needed FDOT permission. It was indicated there may be a right-of-way purchase needed of a little triangular portion along that street right-of-way. Concern was expressed regarding the County putting in new sidewalks along Countryside when the City will be widening that road shortly. Lease with Suncoast Aviation, Inc., to be the Fixed Base Operator at the Clearwater Airpark (CM) For a number of years, Rick Emshoff, of Suncoast Aviation, has served as the Fixed Base Operator (FBO) at the Clearwater Airpark. The lease agreement will allow Mr. Emshoff to continue as the FBO for an additional five years. The major points of the lease are: 1) The FBO is responsible for the normal maintenance of all buildings and structures in their current or upgraded condition. The City plans to upgrade a number of the facilities including the maintenance hanger, operations building and shade hanger; 2) The FBO agrees to provide fuel sales, aircraft rental, airplane maintenance and hanger and tie-down space. He may also, at his discretion, provide a number of other aircraft related activities; 3) Rental payments to the City will be $4,050 per month plus three cents a gallon on all fuel sales; and 4) All individuals who retain an airplane at the Airpark will be required to sign a sub-lease agreement. A question was raised regarding fuel sales. Mike Wright, Assistant City Manager, indicated currently there are no auto fuel sales on the property and this would only be allowed if separately franchised. This is not anticipated. In response to a question, it was indicated the City does not receive any revenues from aircraft sales. A question was raised regarding what authority the City had over approval of rental rates. Mr. Wright indicated there is a built in CPI clause. Mr. Wright indicated this agreement will resolve the Fire Marshall's concerns regarding sub-lease agreements. The lease provides $50,000 in revenue over a year and the City is spending $25,000 plus on mowing. This does not leave much revenue for improving the Airpark. Mr. Wright indicated that in addressing the usage of the Airpark, when he asked individuals who fly out of Clearwater/St. Petersburg Airport why they did not use Clearwater, he was told because they can not get into the Clearwater Airpark at night. He stated the best revenue would be generated from corporate based planes and flight schools. It was questioned whether or not additional commercial use would result in additional revenue to the City. Mr. Wright indicated only in fuel sales under the current agreement. In response to questions regarding increasing activity at the Airpark, Mr. Wright indicated this is a short term agreement of five years and he does not see anything happening to change the Airpark as it is in a holding pattern at this time. He stated the golf course lease expires in eight years and there may be some movement and more revenue available at that time. Phase II-B LDCTA - Proposed Ordinance J - Board Quorums/Action on Continued Items/Alternates for the Development Code Adjustment Board (PLD) Staff has prepared the initial series of Land Development Code amendments in the second phase of proposed amendments. Due to the large number of amendments in this second phase, staff will bring only a limited number of amendments to public hearing at any one time. This will allow adequate attention to be directed to each of the proposed amendments. Proposed amendment J would adjust quorums for the Planning and Zoning and Development Code Adjustment Boards. It also permits the boards to take action to continue items when a quorum does not exist. Also, alternate members would be provided for the Development Code Adjustment Board to ensure a quorum and to assist in the transition when members' terms expire. In response to questions regarding the purpose of this ordinance, it was indicated that currently the DCAB has five members with four being established as a quorum. There is a problem with approving any action without a quorum being present. It was indicated that one of the reasons for the recommendation is that if a conflict of interest is declared, the board at least needs to be able to vote for a continuance. Alcoholic Beverage Distance Separation Variance for property (Stingers) located at 20568 US19N, Sec. 18-29-16, M&Bs 41.01 & 41.03 (Angel Properties AB91-04)(PLD) The applicant is proposing to establish a new 4-COP alcoholic beverage sales establishment to be known as "Stingers" in the northeast corner of the existing "Jersey Jim Towers Shopping Center" building. A variance is required since the proposed facility is within 40.4 feet of an existing 4-COP establishment known as "Tattletales". The Planning and Zoning Board will consider the conditional use permit request associated with this item at its meeting on February 19, 1991. Results of that meeting will be verbally presented to the Commission. The "Stingers" facility was originally proposed to be located in a freestanding building to be constructed on the southeast corner of the shopping center property. The applicant has revised the proposal and now intends to locate the facility inside the existing shopping center building. A 4,000 square foot balcony addition within the shopping center structure (no change in building footprint or exterior elevation is proposed) is part of the applicant's plans. No concurrency problems are anticipated, due to the "off-peak" nature of the use, as well as the fact that there is an existing development order (certified site plan) remaining current on this site which has a higher trip generation factor than the proposed use. In effect, the proposal will "trade" the traffic capacity reserved under the certified site plan use for the capacity needed for the proposed use. Since the certified site plan contained a new 10,600 square foot structure, and only 4,000 square feet of new development is proposed, the trade-off results in a net capacity "gain". The proposed location for the "Stingers" facility is a good one from the perspective of community impact, it's not located near schools, churches, parks or residential areas. No negative impacts are anticipated from the proposed facility due to its location near another similarly licensed alcoholic beverage sales establishment. It was indicated a preliminary site plan for this center was needed in order to know the whole impact of this proposed alcoholic beverage establishment. In response to a question, it was indicated the site plan which has previously been approved for this site is still valid. There were concerns about approving this request and it was indicated the permit must be obtained by April of 1991 and conditional use and variance approvals are necessary. It was indicated the applicants have indicated once they have received these approvals, they will modify the site plan. The City Attorney indicated that approval of the variance could be conditioned. Proposed amendment to the Concurrency Management System policies to specify revalidation/vesting periods (WSO)(PLD) The City's concurrency management system uses development orders as the means by which concurrency requirements, including vested rights determinations, are implemented. That is, the City ties even its vested rights determinations to the time period(s) associated with the underlying development order(s). One of the most important development orders in the development approval process is the certified site plan. These plans typically contain two time-related requirements: 1) When the first building permit must be obtained; and 2) When all certificates of occupancy must be obtained. If either of these is not met, the developer must request revalidation (extension) of the certified site plan. Reasons for revalidation include: a) Failure to obtain financing in a timely manner; b) Other agency permitting delays; c) Site conditions requiring minor plan adjustments; and d) Other such scheduling delays. Plans which are not extended are required to be resubmitted and "recertified", although technically this represents a new certification. Such recertified plans would lose their place in the City's concurrency management system "line" and may therefore not be able to be approved ("re-approved") if there is a level-of-service deficiency. Because of the City's concurrency system's "first come, first served" approach, it is important for the City to revalidate certified site plans in direct proportion to the actual progress that is being made toward development. That is, the City should not extend site plans for which no serious progress is being made; likewise, the City should extend plans for which construction is substantially underway and all impact fees have been paid. Failure to extend the first type of certified site plan (no construction example) has no real effect on vested development rights, because none have been established; failure to extend the second type of plans (substantial construction example) may very well violate the vested development rights of the property owner. Because there is a continuum of possible development circumstances (e.g. from 0 to 99% constructed or from 0 to 100% impact fees paid), staff suggests a Revalidation Table be used as a guideline to establish revalidation periods. With this table, only minor extensions are allowed for projects which have barely begun the development process. This table would be considered a general table allowing staff some flexibility in making determinations where special circumstances exist. This table would serve as an incentive to developers to pay all required impact fees early in the process thus helping to separate projects which have adequate financing to finish development from those which do not. This table would not serve as a "hard and fast" rule, but would serve as a policy guideline for staff to follow in making administrative determinations concerning revalidations and vested development rights. It is proposed this table be added to the administrative procedures for concurrency management. Jim Polatty, Planning and Development Director, indicated that currently it takes six months to pull a permit and eighteen months to obtain a certificate of occupancy. This assures the project proceeds in a timely manner. He stated a problem will exist if they run out of time and the project is recertified to give them additional time. If the reasons for the need for the extra time are reasonable, staff will cooperate. He stated that since the adoption of the vested rights ordinance, staff needs to relate the recertification to property development rights. He stated he believes these guidelines are equitable and fair. Sign Regulation - Interpretations and Suggested Amendments (WSO)(PLD) The Planning and Development staff has initiated the sign amortization inventory program. At the current time, the program is moving forward quite smoothly and on-schedule completion of the inventory is anticipated. The program has resulted in some necessary code interpretations as well as some suggested areas of code revision, as practical difficulties with code compliance have been identified. In connection with the first interpretation regarding directional signs, concerns were expressed regarding the need to limit the number, limit the size of the commercial logo and to not allow them more than 3 square feet. There were no problems with the interpretation that signs on parapets can be considered as wall signs. Discussion ensued regarding how to measure 2 or more signs in order to determine if they are within the total square footage allowed. It was indicated that unless the City Commission directs otherwise, staff will continue to use the method of the 1 geometric shape to measure these types of signs. There was no problem with the interpretation of neon lighting not being signs and therefore considered architectural elements. Regarding the interpretation that goods or merchandise placed in windows are not counted as signs, it was indicated it should be that these items placed in storefronts are not signs but things placed on windows are signs. Staff will amend the proposal. There was no problem with the interpretation regarding signs over service bays. A question was raised regarding whether or not any action was desired on a letter from Mr. Reuter regarding allowing advertising on bus shelters. It was indicated no action was desired by the Commission. There were no objections expressed to the suggested text amendments. Verbal Reports It was announced there would be a meeting tomorrow night regarding the Stevenson's Creek project. It was indicated there would be no action taken at that meeting. It was for direction and further education of the public. The City Attorney reported that based on the recent ruling of the constitutionality that the Charitable Solicitation Ordinance is constitutional, he will be meeting with the City Clerk and Alan Zimmet regarding enforcement procedures. He is telling people, at this time, not to proceed until they hear from the City. He stated the Plaintiffs still have the opportunity to appeal and it is unknown what they will do. Mr. Galbraith indicated he intends to enforce the ordinance unless a stay is issued. Resolution #91-4 - changing the name of Jack Russell Stadium to Jack Russell Memorial Stadium A question was raised regarding the request to rename Jack Russell Stadium. It was indicated the proposal is to add Memorial to the name. Concerns were expressed that by adding Memorial it will indicate that the park was not named until after Mr. Russell's death when it was named for him while he was living. It was felt it may be more appropriate to dedicate a memorial to Jack Russell in the stadium. The City Manager indicated the individuals making the request are pretty much locked into this, however, he will talk to them prior to Thursday night. The meeting adjourned at 1:35 p.m.