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02/15/1990 CITY COMMISSION MEETING February 15, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 15, 1990 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Anthony Stratis, Greek Orthodox Church of the Holy Trinity. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. Two service pins were awarded to City employees. IV - Introductions and Awards - None. V - Presentations - None. VI - Minutes of the Regular Meeting of February 1, 1990. Commissioner Nunamaker moved to approve the minutes of the regular meeting of February 1, 1990, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Mike Foley reported on improvements to the water quality of Stevenson's Creek. He requested public discussion regarding the Stevenson's Creek project be allowed prior to its commencement. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #4943-90 - Vacating drainage easements in and adjacent to Pinellas Groves Subdivision, Lots 7 and 8 (C.A. Johnson Properties V 89-22) (PW) There are two easements involved with this request. The original easement was given to the State of Florida for an outfall for Sunset Point Road Extension. This road is now part of Pinellas County's road system. The second easement was granted to the City in 1980 as a replacement easement to take effect only upon the vacation of the original easement. The applicant is planning to develop the property adjoining the easements. The existing drainage ditch is not located within the easement. The applicant is proposing to give the City a 40 foot drainage easement aligned over the existing ditch in return for vacation of the existing 30 foot easements. The County's latest plans for the widening of Sunset Point Road show a drainage outfall going into this area. County Engineering has reviewed the proposed vacation and has no objection. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4943-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4943-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ordinances #4931-90, #4932-90 & #4933-90 -Annexing, RS-8 Zoning and a Land Use Plan Designation of Low Density Residential for a lot located at 3037 Virginia Ave., Bay View City Subdivision, Blk 2, Lot 4 (Community Homes LUP 89-18, A 89-23)(PLD) Annexation is being requested to obtain City sewer service. This property is contiguous to existing City limits, but within an existing enclave. If annexed with the abutting alley, a smaller enclave will be created. The right-of-way for the south half of Virginia Avenue is platted 30 feet. No right-of-way has been dedicated for the north half of Virginia Avenue. The street is not built to City standards and ends about the center of the subject lot. At present, the driveway to the residence on Lot 5 encroaches on Lot 4. Virginia Avenue will have to be extended approximately 50 feet and the driveway for Lot 5 relocated to correct the existing encroachment. The proposed use of the property is a single family residence and is compatible with the surrounding uses in the area. Five citizens spoke in opposition to the annexation expressing concerns regarding access to Lot 5, drainage problems if the property is developed, the lot being too small for development and the lack of City services in the area. Discussion ensued regarding whether or not annexing the property was appropriate with a concern being expressed that it would create problems for the current residents in the area. Commissioner Winner moved to continue this item for two weeks (until 3/1/90). The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Nunamaker, Fitzgerald, and Mayor Garvey voted "Aye"; Commissioner Regulski voted "Nay." Motion carried. ITEM #11 - Public Hearing & First Reading Ordinances #4934-90, #4935-90 & #4936-90 - Annexing, RS-4 Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel located at 992 Regent Ave., Section 13-29-15, M&B 33.07, .52 Acre (Dickinson LUP 89-19, A 89-24) (PLD) The property owner of the existing single family residence is requesting annexation to obtain City sewer service, which is available on Regent Avenue. Commissioner Regulski moved to approve the annexation, zoning and land use plan amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4934-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4934-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4935-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4935-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4936-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4936-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ordinances #4937-90, #4938-90 & #4939-90 - Annexing, Public/Semi-Public Zoning and a Land Use Plan Amendment to Public/Semi-Public for a parcel located at 3130 McMullen-Booth Rd., Section. 21-28-16, M&B 23.11, 2.04 Acres (Hardy/Wee Care Preschool LUP 89-20, A 89-25)(PLD) The request is being made to receive City sewer service. Gravity sanitary sewer is not available to the property, but the applicant can connect to the City's sanitary sewer force main provided City-approved backflow fittings are used. The County will, in the future, be acquiring an additional 50 feet of the applicant's property for widening of McMullen-Booth Road. It is suggested that this 50 feet of proposed right-of-way not be annexed. Commissioner Winner moved to approve the annexation, zoning and land use plan amendment on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4937-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4937-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4938-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4938-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4939-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4939-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #13 - Public Hearing & First Reading Ordinance #4912-90 Revisions to Section. 146 of the Clearwater Code relating to Flood Protection (PLD) The major recommended changes are: 1) Amending the definition of Substantial Improvement dealing with the time period for counting costs. 2) Revising requirements for when the County's appraisal is used to determine the value of the existing building. 3) Setting up requirements on submitting construction cost both at permitting time and before final inspections. 4) Adding specific requirements on when a manufactured home (mobile home) must be elevated above base flood elevations. (BFE) 5) Requiring Building Official to develop policies and procedures for enforcement of the "50%" rule. Also to post a copy in a public area and file a copy with the City Clerk. 6) Excluding of cost related to demolition and land clearing. Other items include: 1) Adding definitions. 2) Adding requirements for elevation certificates. 3) Adding requirements for structural stability certification. 4) Allowing certain electrical connections below base flood elevation. 5) Clarifying variance procedures. 6) Editorial changes. These changes are recommended as a result of input obtained at a Public Hearing held in August 1988, in response to the stipulations made in settlement of the lawsuit initiated by Fred Thomas and to reflect changes in Federal regulations relating to manufactured homes. Staff was commended for their work on this ordinance. Commissioner Regulski moved to approve the Land Development Code text amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4912-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4912-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #14 - Public Hearing & First Reading Ordinance #4958-90 relating to Land Development Code Text Amendment to require a Traffic Impact Study for certain developments (LDCA 90-02) (PLD) The Traffic Impact Study is one component of the City's concurrency management system. Traffic Impact Studies will be required for development which will impact roads operating at Level of Service "E" or "F" or will generate one percent or more of the peak hour capacity of any road indicated on the Future Traffic Circulation Map. Exempted from the Impact Study requirement will be the construction of single family residences and nonresidential construction less than 1,000 square feet. In order for a development to proceed, it will be necessary that the Impact Study show that the infrastructure requirements and standards contained in the Comprehensive Plan are satisfied. On February 13, 1990, the Planning and Zoning Board considered the proposed ordinance and expressed concerns about the financial difficulties small businesses might have in providing a traffic impact study. To resolve this issue, the Board recommends an amendment to accept, as exemptions to the traffic impact study requirement, the de minimis traffic volume levels established by Pinellas County for its backlogged roadways. The de minimis volume would essentially exempt any development that would generate 140 or fewer vehicles per day from having to prepare a traffic impact study. This change has been incorporated into the prepared ordinance. In response to a question, it was indicated the traffic generated under the de minimis exemption would still be used in calculating impact for the 10% rule. Commissioner Fitzgerald moved to approve the Land Development Code text amendment. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4958-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4958-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #15 - Two variances to the separation distance requirements for sales of alcoholic beverages (consumption on premises) for "Chubby's Cafe" located in the Gionis Plaza, 490 Mandalay Ave., Clearwater Beach Park, Lots 57-63 and part of Lot 64 (Mary G. Realty/Reid) AB 89-13 The Planning and Zoning Board, based on the reduced hours of operation and parking meeting code requirements, approved a conditional use to permit a new alcoholic beverages license for on premise consumption subject to the Commission approving two variances to separation distance requirements. A variance of 295 feet is needed to allow alcoholic beverage sales within 5 feet of a residential zone and a second variance of 123.5 feet to allow sales within 76.5 feet from a similarly licensed establishment. Discussion ensued regarding the parking required. The Planning and Development Director indicated there are some inconsistencies in the Code regarding parking calculations that need to be addressed. It was suggested the size of restaurants in small retail centers may need to be limited. It was stated emphasis needs to be placed on revoking licenses of problem establishments. Trish Muscarella, attorney representing the applicant, reviewed the history of this establishment, stating it had been a long process obtaining conditional use approval. She stated this business will be an asset to the beach. Commissioner Nunamaker moved to approve the requested variances to the alcoholic beverage minimum distance requirement on the subject property. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Nunamaker, and Fitzgerald voted "Aye"; Commissioner Regulski and Mayor Garvey voted "Nay." Motion carried. Public Hearing - Second Reading Ordinances ITEM #16 - Ordinance #4928-90 - Amending land use element of comprehensive plan to change land use designation from None to Residential/Office for property located at the SE side of NE Coachman Road approximately 1,000 ft NE of the intersection with Drew St, Mosell Acres, part of Lot 3 (Eckel LUP 89-14) The City Attorney presented Ordinance #4928-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4928-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #17 - Ordinance #4929-90 - Zoning property as Limited Office (OL) located at the SE side of NE Coachman Road approximately 1,000 ft NE of the intersection with Drew St, Mosell Acres, part of Lot 3 (Eckel A 89-22 LUP 89-14) The City Attorney presented Ordinance #4929-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4929-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #18 - Ordinance #4930-90 - Annexing property on SE side of NE Coachman Rd., approx. 1,000 feet NE of intersection with Drew St., Mosell Acres Subdivision, portion of Lot 3 (Eckel A 89-22) The City Attorney presented Ordinance #4930-90 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4930-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #19-24) - Approved as submitted less Item 20. Agreements - Approved. ITEM #19 - Agreement with the Clearwater National Guard for the use of Clearwater National Guard Armory facilities located at 706 N. Missouri Ave. for City recreation programs (PR) Citizens & Staff Requests - Approved. ITEM #20 - see page 10. ITEM #21 - Review of Building Plans, Site Plans, Changes of Use, and Analysis of Associated Traffic Impacts - allowing staff to review and approve the issuance of building permits for 1) construction of a medical office building at 2250 Drew Street and 2) change in use from service station to rental car office at 1340 U.S.19 S. Plans & Plats - Approved. ITEM #22 - Final Site Plan - Vision Cable Additions located at 2534 Drew St., Section 7-29-16, M&B 44.02 (PSP 89-31)(PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) prior to certification, copies of SWFWMD applications are to be provided to the Public Works Department; 2) prior to the issuance of a Certificate of Occupancy, a ten (10) foot drainage, utility and pedestrian easement adjacent to Drew Street is to be dedicated to the City of Clearwater; 3) the storm water detention pond cannot be located in the existing 10 foot drainage and utility easement at the north and west end of the site. This is to be redesigned prior to certification; 4) prior to certification, the City environmentalist requests a meeting to comment on requirement of a littoral shelf design for a wet detention pond; 5) prior to certification, the proposed dumpster locations must be revised as required by Utilities and the Dumpster Data Form must be subject to approval by City Sanitation; 6) prior to the issuance of a C.O., the dumpsters must be visually screened. Gates must be provided with a minimum twelve (12) foot clear opening to the front for access by Sanitation trucks; 7) prior to the issuance of a building permit easements for on-site fire hydrants shall be provided (which may or may not require health permits); 8) a water meter location and size shall be provided on the site plan prior to certification; 9) an additional hydrant shall be provided on the plan on the west side of the new building as required by the Fire Marshal prior to certification; 10) the architectural and engineering plans shall be consistent prior to certification; 11) the driveways to be closed shall be replaced with landscaping, curbing, and sidewalks in accordance with City standards. This shall be subject to approval by Traffic Engineering and shown on the site plan prior to certification; 12) parking shall meet code requirements on the site plan prior to certification; 13) handicapped spaces shall meet State law requirements on the site plan prior to certification; 14) sidewalks shall be provided on the site plan as required by Traffic Engineering and Public Works prior to certification; 15) the sidewalk along Old Coachman should be extended to the north to the next driveway; 16) the requisite three (3) foot buffers between internal vehicular areas and property lines shall be provided on the site plan prior to certification; 17) a copy of the lease authorizing parking on Florida Power Corporation easement shall be provided to the City; 18) effort should be made to screen the discs from Drew Street (e.g. with landscaping at bottom); 19) a copy of the access agreement with the owner(s) of Clearwater Collection/Florida Power Corporation and the applicant to allow the proposed truck drive and internal drive at the northeast corner of the site shall be provided to the City; 20) signs and fencing/walls shall be subject to separate review and permitting processes; and 21) the requisite initial building permit must be procured within six (6) months from the date of certification and all requisite certificates of occupancy must be obtained within three (3) years from the date of certification. CITY ATTORNEY Agreements, Deeds & Easements - Approved. ITEM #23 - Drainage, Utility and Sidewalk Easement - Druid Hills Subdivision, Lots 1, 2 and 4 (Star Enterprise) ITEM #24 - Utility Easement - Eagle Estates Subdivision, Warren Replat I, Westerly 5 feet of Lots 1 and 2 (James D. Warren) Commissioner Winner moved to approve the Consent Agenda less Item #20 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #20 - Replacement of Two (2) Jolly Trolley vehicles used on beach streets and establishment of a CIP code in the amount of $20,000.00 for this purpose (PW) The Jolly Trolleys now used on the shuttle route on beach streets are in need of replacement. PSTA is willing to buy two (2) replacement vehicles upon receipt of a commitment from Clearwater to pay the $20,000 (estimated) local share. There is a lead time of approximately one year required to receive the new vehicles. It is recommended that the City Commission provide PSTA with a statement of intent to provide the local share and approve the establishment of a CIP code in the amount of $20,000 to pay the City's share. It is recommended that the money be provided by the Parking System as the operating costs already are. The City Manager emphasized this will provide replacement vehicles for the existing vehicles, not provide vehicles for any additional routes. Discussion ensued regarding the type of vehicle being purchased and whether or not diesel engines should be considered. It was indicated the decision regarding the design would depend on approval of the Urban Mass Transit Agency and the City will only be paying 10% of the cost of the vehicles. Commissioner Nunamaker moved to continue this item to the regular meeting of March 15, 1990. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #25 - Preliminary Site Plan - Amoco Service Station located on the SW corner of Sunset Point Rd. and Hercules Ave., Pinellas Groves Subdivision, part of Lot 1. (Scott) (PSP 90-01) PLD The applicant is proposing to redevelop the site by razing the existing unoccupied structure and constructing a new 4,000 square foot one-story convenience store/refueling structure with an attached car wash and a detached 12 dispenser pump island/canopy structure. On November 14, 1989, the Planning and Zoning Board approved four additional dispensers over the eight permitted (without conditional use) in the CN zoning district subject to the following: a) the applicant obtaining approval and certification of the requisite site plan; b) the finalization of the rezoning and land use plan amendments (scheduled for County Planning Authority review on February 6, 1990); c) no deliveries occur between the hours of 10;00 P.M. and 6:00 p.m.; and d) the requisite building permit be procured within one year. Access is proposed at one point off Sunset Point Road and one point off Hercules Avenue. The existing driveways will be eliminated. Hercules Avenue is currently operating under a Level of Service (LOS) "D" and Sunset Point Road currently has a "F" LOS. Sunset Point Road is scheduled for widening to four lanes according to the City Comprehensive Plan. Until this widening occurs, the roadway must be considered backlogged. The backlogged designation permits a 10% increase in total traffic volumes cumulative through 1994. While the convenience store would represent an increase in daily peak hour trip ends over the previous use, the bank, in the opinion of staff, this increase would not degrade the capacity of Hercules Avenue below its existing LOS "D", nor would it represent a greater then 10% increase in the permitted additional traffic volumes on Sunset Point Road. Discussion ensued regarding the impact on traffic by this development with concern being expressed regarding how trips per day were calculated. Commissioner Fitzgerald moved to approve the preliminary site plan for Amoco Service Station and authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the existing and proposed impervious/pervious calculations and requisite drainage/storm water management proposal shall be provided with the final site plan submittal for D.R.C. review; 2) the distances from center line of Sunset Point and Hercules to property lines of subject site must be provided on the final site plan for D.R.C. review (in order to determine adequacy of future right-of-way requirements of the Comprehensive Plan); 3) the proposed widths (maximum 30 ft throat width), radii, and location of the driveways are subject to Traffic Engineering approval prior to submittal of a final site plan for D.R.C. review; and 4) signs and fencing/walls are subject to separate review and permitting processes. The motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald, Winner, Nunamaker and Regulski voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #26 - First Quarter Budget Review 1989-90 (AS) A concern was expressed that items totally funded by grants or the County still show as an expenditure in the City budget. It was requested that a way be found to indicate these items in the budget. a. First Reading Ordinance #4952-90 amending Operating Budget The City Attorney presented Ordinance #4952-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4952-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. b. First Reading Ordinance #4953-90 amending Capital Improvement Program The City Attorney presented Ordinance #4953-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4953-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #27 - First Reading Ordinance #4945-90 - Pertaining to the Installation, Operation and Maintenance of Detector Check Valves on Fire Protection Systems and establish customer charges and various responsibilities for requiring, installing and maintaining Backflow Prevention Devices (PW) The purpose of this ordinance is to help simplify the installations of detector check valves on fire protection systems and to streamline the process of requiring, installing and maintaining backflow prevention devices. Detector check valves are required on internal fire protection (sprinkler) systems to help protect the public water supply against backflow and also to detect leaks or unauthorized connections to these systems. The revisions to Section 52.14 will authorize the Water Division to require, install, inspect, operate and maintain these and other devices on private property as a condition of receiving water service. Revisions to Section 50.5 and portions of Sections 52.30 through 52.41 will establish changes to compensate the City for installing required backflow prevention devices and assign various responsibilities for protecting the potable water supply. Also, these changes give the Water Division the major responsibility regarding backflow prevention devices. Previously, this has been the responsibility of the Building Department. In response to a question, it was indicated that the ordinance does not require retrofitting. Commissioner Winner moved to approve the Code amendments. The motion seconded and carried unanimously. The City Attorney presented Ordinance #4945-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4945-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #28 - First Reading Ordinance #4954-90 to Increase Wastewater Impact Fee from $600.00 per first bathroom and $100.00 per additional bathroom for residential, and $600.00 per Equivalent Living Unit (ELU) for commercial, to $900.00 per ELU for both categories (PW) The Wastewater Impact Fee is for the purpose of requiring newcomers to pay for the capital expansions necessary in the sewer system which are occasioned by their arrival and subsequent demands. Our most recent study entitled "City of Clearwater Wastewater Impact Fee Study July 1989" prepared by Briley, Wild and Associates, substantiates a $906.00 per ELU fee. The City Manager stated the proposed rate is based on a study that is feasible and defensible, the fee will be reviewed annually and only new connections will be affected. In response to a question, it was indicated, if an existing structure increased its service to require a larger pipe size, a fee would be charged. Commissioner Regulski moved to approve the requested Wastewater Impact Fee and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4954-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4954-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #29 - First Reading Ordinance #4955-90 to Increase Water Impact Fee from $350.00 per Equivalent Living Unit (ELU) to $480.00 ELU (PW) The Water Impact Fee, which is charged each new construction development, is for the purpose of requiring newcomers to pay for the capital expansions necessary in the Water System which are occasioned by their arrival and subsequent demand. Our most recent study entitled "City of Clearwater Water Impact Fee Study, February 1989" prepared by Briley, Wild and Associates, substantiates a $488.00 per ELU fee. Concerns were expressed regarding the assumptions made in the study that the City will be putting in new wells. It was stated, while we are currently purchasing 60% of our water from the County, the City does have Capital Improvement projects planned to put in new wells. Concerns were expressed regarding the impact this fee will have on affordable housing. Commissioner Winner moved to approve the requested Water Impact Fees and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4955-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4955-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #30 - Preliminary Site Plan - Stingers (on "Jersey Jim" site) located SW of U.S.19 and S.R. 60 Section 18-29-16, M&B 41.01 & 41.03, 13.4 acres M.O.L.(PSP 90-02)(PLD) The applicant proposes to raze the existing unoccupied gas pump island and construct a freestanding nightclub at the southeast corner of the Jersey Jim site. The site plan indicates the requisite open space will be provided for the proposed redeveloped area of the site and the parking requirement for the overall site is being met. On January 30, 1990, the Planning and Zoning Board approved a conditional use for on-premise consumption of alcoholic beverages subject to the requisite alcoholic beverage license being procured within six months. There are three existing points of access off the U.S. 19 frontage road, two off Gulf-to-Bay Boulevard, and one access area off Bypass Road. No additional points of access are proposed. Staff's review of the traffic impacts of this proposal on U.S.19 indicates the trips generated would not, either by themselves or cumulatively with other recent development, increase the Average Daily Trips on U.S.19 above that permitted under the "10% Rule" in the Comprehensive Plan. Concerns were expressed regarding assuring adequate parking for the remainder of the center. Commissioner Regulski moved to approve the preliminary site plan for Stingers and authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) a Unity of Title shall be recorded for all parcels included on this site plan, prior to certification; 2) signs and fencing/walls shall be subject to separate review and permitting processes; and 3) that the Development Review Committee review the parking for the entire center. The motion was duly seconded and carried unanimously. ITEM #31 - Preliminary Site Plan - Pal Bac S.R. 588 Commercial Development located at 2650-2684 Sunset Point Rd., Section 5-29-16, M&Bs 23.06 - 23.12, 4.27 acres (PSP 89-36)(PLD) The applicant proposes to develop a retail development on the commercially zoned property. The proposed vertically walled retention pond must be changed as this is contrary to City drainage policy (the side slopes of detention pond are required to be no steeper than 3:1 and sodded). The site plan proposes two driveways off Sunset Point Road. As the proposed westerly driveway is too close to the existing easterly driveway on the adjacent Harbor Square Shopping Center site and as the City Comprehensive Plan encourages limiting the number of driveways for more efficient and safe traffic flow, the site plan should be reviewed with only one point of access. In addition to these issues, the Traffic Engineer cites a conflict between the loading area(s) at the rear (north) of the stores and parking along the north property line. This will also require revision to the plan. The applicant must also submit a mitigation plan and/or an agreement (guaranteeing that road improvements be in place at the time of project build out) for approval by the City. In response to a question, the Planning and Development Director indicated the need for additional right-of-way will have to be looked at. Commissioner Regulski moved to approve the preliminary site plan for Pal Bac S.R. 580 Commercial Development and authorize review of a final site plan by the Development Review Committee (D.R.C.) with final action by the City Commission subject to the following conditions: 1) the drainage provisions must be revised in accordance with City drainage policies and standards, prior to submittal of the final site plan by D.R.C.; 2) the site plan shall be revised with only one driveway on Sunset Point Road relocated to the east of the proposed most westerly drive, the location subject to the approval by the Traffic Engineer, prior to submittal of the final site plan for D.R.C. review; 3) the loading area(s) and parking spaces along the north side of the site must be revised for better traffic circulation and maneuverability, subject to the approval by the Traffic Engineer, prior to submittal of the final site plan for D.R.C. review; 4) the applicant must submit a specific design and management plan which will mitigate traffic generated from the proposed development in order to maintain the "E" level of service on Sunset Point Road. In addition or in place of the mitigation plan, an agreement guaranteeing that the planned road improvements will be in place at the time of project buildout. The mitigation plan and/or agreement may include: no Certificate of Concurrency to be issued until 1991; a financial guarantee (bond, letter of credit, etc.) to cover the road improvements; actual road improvements; phased development plan; or some certificates of occupancy to be withheld until the road is improved; and 5) signs and fencing walls are subject to separate review and permitting processes. The motion was duly seconded and carried unanimously. ITEM #32 - Preliminary Site Plan - Plymouth Plaza Phase II located at 2590 U.S.19 North, Section 30-28-16, M&B 34.01 (PSP 84-11)(PLD). On October 19, 1989, the City Commission revalidated the site plan for Phase I of this development. Phase II of the development will consist of one office structure and one parking structure. In addition, 15 on grade uncovered parking spaces and a loading zone area will be constructed. The site is accessible from one point off U.S.19 and one point off Enterprise Boulevard. The site plan proposes no additional points of access. It appears this project can be permitted with an affirmative determination that the proposed development will not cause service on the road system to fall below minimum levels adopted in the Comprehensive Plan. However, U.S.19 must be managed as a backlogged facility, with access management and other factors included in the design and management of the site. In response to a question regarding how long the site plan would be valid, it was indicated 3-5 years would be allowed depending on the conditions placed on the plan. Ken Gray, representing the applicant, stated Phase II had always been contemplated and the infrastructure on the site was built to accommodate it. He indicated they are aware of the time limitations on Phase I and have it 75% leased. Commissioner Regulski moved to approve the preliminary site plan and authorize review of a final site plan by the Development Review Committee (D.R.C.) with final action by the City Commission subject to the following conditions: 1) the (previously) required 10 foot blanket easement for water lines must be dedicated to the City of Clearwater prior to the issuance of a building permit; 2) the three conflicting floor area figures must be corrected/clarified on the final site plan prior to submittal for D.R.C. review; 3) a circulation plan for the garage in Phase II must be submitted for Traffic Engineering review, prior to submittal of the final site plan for D.R.C. review; 4) the applicant must submit specific design and management factors which will mitigate traffic generated from the proposed development in order to manage the "F" Level of Service on U.S. 19, a backlogged facility. This mitigation plan must be submitted for review by the D.R.C. in concert with the final site plan; and 5) signs and fencing walls are subject to separate review and permitting processes. The motion was duly seconded and carried unanimously. ITEM #33 - Community Relations Board - 1 appointment (CLK) Commissioner Winner moved to continue this appointment. The motion was duly seconded and carried unanimously. ITEM #34 - Library Board - 1 appointment (CLK) Commissioner Regulski moved to reappoint Virginia Watson. The motion was duly seconded and carried unanimously. ITEM #35 - Airpark Authority - 2 appointments (CLK) Commissioner Regulski moved to appoint Dennis Roper as the Clearwater Pilots Representative. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to continue the Chamber of Commerce Representative appointment. The motion was duly seconded and carried unanimously. XI - Other Pending Matters CITY ATTORNEY REPORTS XII - Resolutions ITEM #36 - Resolution #90-04 Supporting Federal District Courthouse in Pinellas County. Commissioner Regulski moved to pass and adopt Resolution #90-04 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Other City Attorney Items ITEM #37 - Authorization for Settlement - Mary and John Nusser v. City The lawsuit arose as a result of an accident in which the plaintiff, Mary Nusser, fell on a sidewalk in front of the residence located as 3133 Sandy Ridge Road in Clearwater. She claims the sidewalk become elevated by virtue of growing roots under the sidewalk. The roots were removed from under the sidewalk. Her fall resulted in a chip fracture of the nose and bruises to her face, chest, hands, and knees. The plaintiff is approximately 70 years old and has medical bills totalling approximately $900.00. A tentative settlement has now been reached, subject to Commission approval, for a total sum of $15,000.00, with the City contributing $10,000.00 and the insurance carrier for the homeowners contributing $5,000.00. A settlement of this case is recommended. Concerns were expressed regarding the City being held responsible for all sidewalks. It was indicated it will cost the City at least $10,000 to take the case to trial. Commissioner Regulski moved to authorize the settlement of $15,000.00 with the City's share being $10,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Fitzgerald, Winner, and Mayor Garvey voted "Aye"; Commissioner Nunamaker voted "Nay." Motion carried. XIV - City Manager Verbal Reports The City Manager reported work on the Memorial Causeway Bridge by the Department of Transportation was to have been completed by 4:30 this afternoon. Assistant City Manager Kathy Rice reported the City Commission will be asked to take a position on two pending bills, one regarding the Pinellas Planning Council and the other regarding traffic signal coordination. These will be discussed at the next work session. XV - Other Commission Action Commissioner Fitzgerald reported he attended the Condon Gardens Pot Luck Dinner. He stated it was very successful and showed a "coming together" of the community. XVI - Adjournment The meeting adjourned at 9:35 p.m.