Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 10, 2019 6:00 P.M. A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on September 10, 2019 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggi Black, Mayor Nancy Hodges, Vice-Mayor/Commiss ioner District 2 Doug Andrews, Commissioner, District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: Deby Weinstein, Commissioner District 1 CITY STAFF PRESENT: Robert Daniels, C ity Manager C lara VanBlargan, City Clerk Ralf Brookes, City Attorney l. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Mayor Hodges gave the Invocation and led the Pledge of Allegiance. 3. ROLL CALL City Clerk Clara VanB largan called the roll. 4. APPROVAL OF THE AGENDA Commissioner Douthirt motioned to approve the agenda. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Douthirt " YES" Vice-Mayor Hodges " YES" Commissioner Andrews " YES" September 10, 2019, BOC Regular Meeting Page 1 of 10  Mayor Black "YES" The Motion carried 4-0. 4.1. PROCLAMATIONS 4.2. PRESENTATIONS 5. PUBLIC COMMENT Chuck Lambert, 565 Crystal Island Drive, stressed concern that a RFP had not gone out yet for the Crystal Island road improvements. The City received the money for the road improvements two months ago and the targeted start date is January. 6. CONSENT AGENDA A. Approval of Minutes: • June 27, 2019, BOC Joint Budget Workshop Meeting • July 30, 2019, BOC Special Meeting • August 6, 2019, BOC Budget Workshop Meeting • August 13, 2019, BOC Agenda Setting Meeting • August 13, 2019, BOC Regular Meeting B. Surplus Truck #26 and #51, Peterbilt Packer Trucks - Deb Laramee, Interim Public Works/Marina Director C. Wells, Houser & Schatzel, P.A. Engagement Letter to Provide Audit Services for the Year-Ended September 30, 2019- Walt Pierce, Finance Director Commissioner Andrews motioned to approve the Consent Agenda. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 4-0. 7. UNFINISHED BUSINESS A. Ordinance 2019-18, Amendment to Land Development Regulations, Division 5. - C- l, Tourist Commercial, Sec. 110-259. - Special Exception Uses, to allow parking facilities as a principal use - 2nd Reading & Public Hearing - Linda Portal, Community September 10, 2019, BOC Regular Meeting Page 2 oflO  Development Director; Jerry Murphy, FRCL Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance 2019-18 by title only: ORDINANCE NO. 2019-18 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING LAND DEVELOPMENT REGULATIONS, DIVISION 5. - C-1, TOURIST COMMERCIAL, SEC. 110-259. - SPECIAL EXCEPTION USES, TO ALLOW PARKING FACILITIES AS A PRINCIPAL USE.; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE RECOGNITION OF STATE PREEMPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Jerry Murphy, FRCI, Consulting Planning and Development Services Provider, reviewed the item. He explained it was a cleanup ordinance to allow for parking by special exception in the commercial district. Commissioner Douthirt said he would like to hear from the Planning Commission on why they are recommending the approval of the ordinance. Mike Noble, Chairman of the Planning Commission, commented they had approved the City staffs recommendation on the ordinance. Mayor Black opened to public comments. There were no public comments. Commissioner Andrews motioned to approve Ordinance No. 2019-18, after second reading and public hearing. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 4-0. 8. CONTRACTS/AGREEMENTS 9. NEW BUSINESS A. Ordinance 2019-07, First Reading of Amendment to Code of Ordinances; Division 10. - Planned Development- 1st Reading - Linda Portal, Community Development Director; Jerry Murphy, FRCL Consulting Planning and Development Services Provider September 10, 2019, BOC Regular Meeting Page 3 ofl0  City Clerk Clara VanBlargan read Ordinance 2019-07 by title only: ORDINANCE 2019-07 AN ORDINANCE OF THE CITY OF MADEIRA BEACH AMENDING DIVISION 10. - PLANNED DEVELOPMENT, SEC. 110-386. - PURPOSE OF PLANNED DEVELOPMENT (PD) DISTRICT, STRENGTHENING PURPOSE AND INTENT; SEC. 110-387.- USES PERMITTED, ADDRESSING COMPATIBILITY AND SETTING ST AND ARDS FOR MIXED-USES; SEC. 110-388-APPLICATION FOR PD ZONING, SPECIFYING SUBMISSION REQUIREMENTS AND DESIGN CRITERIA; SEC. 110-389. - PROCEDURE FOR APPROVAL OF PD ZONING, ADDING SPECIFIC PROCEDURES FOR REVIEW; SEC. 110-391.-REVIEW BY LOCAL PLANNING AGENCY, SPECIFYING RESPONSIBILITIES AND SPECIFYING REVIEW CRITERIA; SEC. 110-392. - NEIGHBORHOOD INFORMATION MEETING, REQUIRING MEETING TO BE HELD BEFORE LOCAL PLANNING AGENCY MEETING AND BE REPORTED AS AN ELEMENT OF APPLICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Commissioner Douthirt recommended sending the ordinance back to the Planning Commission because it contained a lot of grammatical errors and conflicts. The terms need to be rewritten to make them easier to understand. He cannot vote on it as is. Mayor Black pointed out errors in the ordinance and a section that had not been completed. She thought they had agreed to make the notice requirement for neighborhood meetings 300 feet and not 200 feet. Commissioner Douthirt said he thought they asked for it to be 500 feet. Julia Mandell, Special Land Use Attorney, explained that the errors pointed out were non- substantive changes and could be corrected between first and second reading. The number of feet for the notice requirement is not subject to change in the ordinance. The purpose behind the ordinance is to make it clearer on what the PD submission requirements are because of a recent court case that was settled against the City. The City's ordinance has the potential to create legal challenges as written. Certain things are required to be submitted at the application stage and it is not possible to submit those items at that stage. The only other change in the ordinance is putting a limitation on height, which is six stories. Anything over six stories cannot be done in the PD process. She recommended moving forward with the ordinance as is and to make the non-substantive changes that were pointed out between first and second reading. Commissioner Douthirt said when the ordinance was previously discussed wi_th the Board, they did not have a copy of the ordinance to look at. He had read a copy of the ordinance provided for this meeting and noticed a lot of things in it that do not make sense. The terms need to be defined. September 10, 2019, BOC Regular Meeting Page 4 ofl0  Attorney Mandell explained that the terms do exist in the Code, they are being moved from one section of the Code to another section of the Code, so they have the necessary information for the purposes of submission. The other items the Board would like to see could be discussed in a workshop and brought forward in another ordinance. Mayor Black said she did not like PDs. If they can build according to what is written in the Code that can be done, but not to make special exemptions to do it. She said the word "averaging" mentioned in the ordinance on p.63 of the agenda packet did not fit the sense of the City. At a workshop meeting on November 27, 2018, the Board consented to bringing back a proposed ordinance to include a height restriction of a total of five stories and not six. She cannot approve the ordinance without that being in it. Attorney Mandell said she just noticed that in Section 110-386 of the ordinance, there is a second section missing. That section was in the ordinance when presented at the workshop, but it is not in the ordinance in front of the Board now. The Board can continue first reading at the next regular meeting and they can put the missing information in the ordinance, or she can read the missing section that will be added between first and second reading. She then explained the purpose of making the height restriction six stories. Mayor Black said six stories did not fit the tone of the City and that averaging will allow buildings higher than five stories. Attorney Mandell said if that is the concern, they could make a motion to not move forward with the ordinance as is with that provision in it and to have that changed to five stories between first and second reading. She recommended making the change between second reading or somehow bringing the ordinance back for a second reading in a quick manner so they can at least get the other things dwelt with. Vice-Mayor Hodges asked if parking would be included in the six stories. Attorney Mandell explained that it would be measured from base flood elevation and whether the base flood elevation is raised because of parking or not would depend on that site. There is a potential for it depending on where you are. Commissioner Andrews said he did not like being sued and he understood that the ordinance being presented is to clean up a glitch that caused them to be sued in the past. Attorney Mandell confirmed that was correct. She said currently there is no height restriction in the Code. The Board could decide to remove that section now and move forward with the ordinance to fix the glitch. There will be no height restriction in the ordinance. Commissioner Andrews said he would like to get rid of the glitch now and keep moving. He asked if the ordinance could be added to the next workshop agenda for discussion. The City Manager said yes, so long as they keep moving along as advised. Or, they can discuss it at a special workshop or at a special meeting to make sure they are being proactive in modify that change because it is taking a long time to do it. September 10, 2019, BOC Regular Meeting Page 5 oflO  At the request of the City Attorney, Attorney Mandell read the missing information in the ordinance. She said the corrections needed to be made to allow it to move forward and then make the additional tweaks as you go along. Mayor Black opened to public comment. Robert Present, 425 S. Bayshore Drive, commented in favor of the proposed ordinance. he said the attorneys are recommending approval to keep the City safe and to not get sued agam. Doreen Moore, 13019 Boca Ciega Avenue, commented there are a lot of errors and things that need to be cleaned up in the ordinance, but the City is working in the right direction. The corrections need to be made now to move the ordinance forward and then make the additional tweaks as they go along. Mayor Black closed to public comment. Commissioner Douthirt said he can vote yes, if the ordinance will be brought back to a workshop to correct some of the problems and errors that are in there. The ordinance is written above a master's degree and it needs to be made easier to read so it makes sense to the citizens. Commissioner Andrews motioned to approve Ordinance 2019-07, after first reading, with the intent of bringing it up again at the September workshop. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 4-0. B. Ordinance 2019-20, Amendment to Parking Code - Parking Lot Design- 1st Reading - Linda Portal, Community Development Director; Jerry Murphy, FRCJ, Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance 2019-20 by title only. ORDINANCE NO. 2019-20 1st READING OF AMENDMENT TO CITY OF MADEIRA BEACH CODE OF ORDINANCES; LAND DEVELOPMENT REGULATIONS; ARTICLE VII. - OFF- STREET PARKING AND LOADING, SEC. 110-953 - MAINTENANCE; SEC. 110- September 10, 2019, BOC Regular Meeting Page 6 ofl0  955. - METHODS OF PROVIDING REQUIRED PARKING; SEC. 110-956. - SHARED PARKING FACILITIES; DIVISION 2. - OFF-STREET PARKING SPACES, SEC. 110-971 - NUMBER OF SPACES; SEC. 110-973. - OFF-STREET PARKING SPACE STANDARDS, REGULAR CAR OFF-STREET PARKING LAYOUT; ADDING SEC. 110-974. VALET PARKING; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Jerry Murphy, FRCI, Consulting Planning and Development Services Provider, reviewed the item and explained the purpose of the proposed ordinance. Mayor Black opened to public comment. There were no public comments. Commissioner Douthirt motioned to approve Ordinance 2019-20, amendment to parking code - parking lot design, after first reading. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 4-0. C. Ordinance 2019-21, Amendment to Live-aboard Vessel Code - 1st Reading - Linda Portal, Community Development Director; Jerry Murphy, FRCL Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance 2019-21 by title only. ORDINANCE NO. 2019-21 1st READING OF AMENDMENT TO CITY OF MADEIRA BEACH CODE OF ORDINANCES CHAPTER 78 WATERWAYS; ARTICLE I; SEC. 78-1 CONTAINERS AND/OR BOTTLES PROHIBITED ON PUBLIC BEACHES; SEC. 78-2.-FISHING PROHIBITED; SEC 78-3.- SWIMMING AND SPEARFISHING; PROHIBITED IN CERTAIN AREAS; SEC. 78-4.-RESTRICTED SWIMMING AREAS ESTABLISHED; ARTICLE II. -BOATS; DIVISION I-GENERALLY; SEC. 78-31.-ADOPTION OF STATE BOATING REGULATIONS; SEC. 78-32.- DEFINITIONS; SEC. 78-33.- SPEED RESTRICTIONS ON WATERCRAFT IN SPECIFIC AREAS; SEC. 78-34.- CONGESTED MARINE AREAS; SEC. 78-35.- WATERSKIING REGULATIONS GENERALLY; SEC. 78-36.- DOCKING LIMITATIONS; SEC. 78-37.- DISCHARGE OF SEW AGE FROM VESSELS INTO CITY WATERS; SEC. 78-38.- SLOW SPEED-MINIMUM WAKE AND IDLE SPEED-NO WAKE ZONES AND INFORMATIONAL MARKERS; SEC. 78-39.- September 10, 2019, BOC Regular Meeting Page 7 ofl0  AIRBOATS DECLARED A NUISANCE; OPERATION PROHIBITED; SEC. 78- 40.- RESTRICTIONS ON USE OF PUBLIC PROPERTY; DIVISION 2.-LIVE ABOARD VESSELS; SEC. 78-61.- GENERAL REGULATIONS; SEC. 78-62. - PERMIT REQUIREMENTS; SEC. 78-63.- MARINAS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City Manager Robert Daniels reviewed the item and explained the purpose of the proposed ordinance. Mayor Black opened to public comment. • John [?last name], 4775 Cove Circle, explained the reasons why he would like the proposed ordinance approved. • Barbara Mazeika, 359 Medallion Blvd., explained the reasons why she would like the proposed ordinance approved. • Jerry [?last name], Sea Towers, explained the reasons why he would like the proposed ordinance approved. • Sandra ]?last name], 14th Avenue S. in Pasadena, commented on water quality in the City. She recommended changing the ordinance to require that during the permitting process a lock be put on the Y-Valve because it is law that there is a lock on the Y-Valve when they are in coastal waters so they cannot discharge. • Tom [?last name], 4775 Cove Circle, explained the reasons why he would like the proposed ordinance approved. • Cathleen Bridges, live-aboard person, commented that she has been on her boat for about three years. She urged the Board to only target the people that do not abide by the rules, and do not punish those that do abide by the rules. • Teresa Hibberd, 308 Druid Road W., Clearwater, commented she was a student at Public Policy Administrations at St. Pete College. Their course for the semester is policy leadership. They must research an item on the agenda, and then present that to the Commission. She addressed the amendments to Ordinance 2019-21 and urged its approval. • Mike Noble, Planning Commission, commented that the recommendation of the Planning Commission is to pass the ordinance as written. • Ray Kerr, 583 Johns Pass Avenue, thanked the Board for considering the proposed ordinance. He asked since fast boating speeds, Sections 78-33 & 78-38, are part of the ordinance but not addressed in the ordinance, if it could be addressed later. The City Attorney said they can come back at any time to do that. Mayor Black closed to public comment. Commissioner Douthirt moved to approve Ordinance 2019-21, amendment to Live-aboard Vessel Code, after first reading. Vice-Mayor Hodges seconded the motion. ROLL CALL: September 10, 2019, BOC Regular Meeting Page 8 of 10  Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Commissioner Andrews "YES" Mayor Black "YES" The motion carried 4-0. The City Manager thanked everyone that came out to voice their opinion. He will consider the comments that were made to make it the best ordinance they can have. It will be on the October 8, 2019, BOC Regular Meeting for second reading. 10. STAFF REPORTS A. Seafood Festival Parking Plan - Jay Hatch, Recreation Director Recreation Director Jay Hatch reported on the Seafood Festival Parking Plan and responded to questions from the Board. B. Adding a five-year fiscal impact to items submitted to the Board of Commissioners for approval - Walt Pierce, Finance Director Finance Director Walter Pierce welcomed the opportunity to add the five-year fiscal impact to the items submitted to the Board of Commissioners for approval. He will be working with the City Manager and the City Clerk to help make that happen. 11. REPORTS/CORRESPONDENCE A. City Commission B. City Attorney No report. C. City Manager City Manager Robert Daniels commented that every vote count for the millage rate and the budget. He said Commissioner Weinstein would not be at the September 17th final hearing for the adoption of the millage rate and budget but will be participating by electronic means. D. City Clerk 12. ADJOURNMENT Mayor Black adjourned the meeting at 7:24 p.m. September 10, 2019, BOC Regular Meeting Page 9 of 10  Maggi Blac ATTEST: September 10, 2019, BOC Regular Meeting Page 10 of 10