Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 12, 2022 6:00 p.m. The City or Madeira Beach Board of Commissioners held a regular meeting at 6:00 p.m. on January 12, 2022, in the Patricia Shontz Commission Chambers at City Hall, located at 300 M unicipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor (Via Teleconference) Helen "Happy" Price, Vice Mayor/Commissioner District 1 Nancy Hodges, Commi ssioner District 2 Doug Andrews, Commiss ioner District 3 Dave Hutson, Commi ssioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Robin Gomez, City Manager Clara VanBlargan, City Clerk Lara Hooley, Executive Assistant to City Clerk Tom Trask, City Attorney 1. CALL TO ORDER Vice Mayor Price called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hodges gave the Invocat ion and led the Pledge of Allegiance. 3. ROLL CALL City C lerk C lara VanB largan called the roll. 4. APPROVAL OF THE AGENDA City Manager Robin Gomez requested to remove Agenda Item A, Aclarion Software Li censing Agreement, from under Section I 0, Contracts and Agreements, to a future meeting. Commiss ioner Andrews motioned to approve the Agenda as written except for Item IO.A. Comm iss ioner Hodges seconded the motion. January 12, 2022, BOC Regular Meeting Page 1 of 19  ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIO NS 5.1.PROCLAMATIONS - MAYOR/CITY CLERK There were no proclamations. 5.2. PRESENTATIONS (limited to 10 minutes each) Because there was no one in the audience from the Fire Department, the City Manager said the presentations would be rescheduled. A. Firefighter of the Year, Firefighter/Paramedic Erick Ubiles - Clint Belk, Fire Chief B. Introduction of Community Risk Reduction Program - Clint Belk, Fire Chief 6. PUBLIC COMMENT Vice Mayor Price opened to public comment. Ray Kerr, Madeira Beach resident, District 2: a. Acknowledged Robin Gomez as the new city manager. b. Asked that Ordinance 2020-05, limiting the speed on the Madeira Beach waterways, be placed on an agenda and looked into. The ordinance was passed by a 5-0 vote, codified into the City's code, and sent to FWC (Florida Fish and Wildlife Conservation Commission) for their approval. To date, the approval has not been received. c. Asked the City to contact the people within 300 feet of the stop sign placed at the intersection of 140th and Bayshore a year or so ago to see how it is working out. Commissioner Hodges said she has seen law enforcement sitting in the area of Bayshore and other areas watching the traffic. Vice Mayor Price said there had been complaints about people running the stop sign and about ~e speed there. A traffic study is being done in that area. The City Manager explained that the item is scheduled for the January 26, 2022, BOC Workshop Meeting agenda for discussion. January 12, 2022, BOC Regular Meeting Page 2 of 19 Vice Mayor Price introduced Robin Gomez as the new City Manager and apologized for not introducing him earlier. Everyone is thrilled to have him. 7. CONSENT AGENDA A. Approval of Minutes • 2021-09-22, BOC Regular Workshop Meeting Minutes • 2021-10-27, BOC Regular Workshop Meeting Minutes • 2021-11-10, BOC Regular Meeting Minutes • 2021-11-22, BOC Special Meeting Minutes • 2021-12-01, BOC Special Meeting Minutes • 2021-12-01, BOC Regular Workshop Meeting Minutes • 2021-12-06, BOC Special Meeting Minutes • 2021-12-08, BOC Regular Meeting Minutes • 2021-12-14, BOC Special Meeting Minutes Commissioner Hutson motioned to approve the Consent Agenda. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. PUBLIC HEARINGS A. Redevelopment (RDV 2021-01) - JJB Property Holdings LLC, Developer - Linda Portal, Community Development Director Senior Planner Jenny Rowan said she would be presenting Agenda Item 8. A. Redevelopment (RDV 2021-01), and Agenda Item 8.B., Ordinance 2022-01, PD Rezone of Proposed Schooner Development, together. City Attorney Tom Trask said Agenda Item 8. A. the redevelopment item, is a legislative matter and the PD rezone ordinance is quasi-judicial. Since the Board is hearing them together, they must follow the quasi-judicial procedure in the City's code. He read the procedures and asked the Commissioners if they had any ex-parte communication or conflicts of interest to disclose. There January 12, 2022, BOC Regular Meeting Page 3 of 19 were none. The City Attorney administered the Oath to all those present to speak on the item. City Attorney Tom Trask gave the brief summary, the nature of the request, said no affected parties were presenting, and there were no notices timely filed, so the only ones presenting would be City staff and the applicant. The public would have an opportunity to speak. Applicant presentation Katie Cole, Hill Ward Henderson Law Firm, said she was representing the applicant on the application and presenting a PowerPoint presentation. She provided copies of the presentation to the Board and the City Clerk for the record. Attorney Coles said it is a new application and not a continuation of what the Board saw last summer. The developer's new application responds to the neighbors' concerns they heard after the Board's approval last summer. Design improvements were made and responds to staff comments and on how it could move forward. The developer decided to do that and go through the process again rather than sorting out issues involving the litigation. The prior approval will be moot if the ordinance gets approved on first and second reading. The traffic analysis also responds to comments and staff. Both the application and the traffic analysis are in included in the record of the proceedings. She did not see the traffic analysis in the City's report, but it was submitted in November with the new application reviewed by the staff. She distributed copies of the traffic analysis to the Board and the City Clerk for the record. At the direction of the City Attorney, Vice Mayor Price received into evidence the entire packet in their Agenda, the PowerPoint Presentations, and the traffic study presented to them. Attorney Cole said the development team is present and the certified transportation planner, Robert Pergolizzi, who prepared the traffic report is present to speak to the report and introduce himself and give his credentials as an expert. Jack Bodziak and his team prepared the site plans and the architectural plans. They have extensive experience in beach communities and design, specifically permitting projects in Madeira Beach. Attorney Cole showed a PowerPoint presentation titled, "Schooner Resort Hotel RDV. 2021-01, Schooner Redevelopment, PD 2021-02 - Schooner Rezoning." It included the site history, the application for Schooner Resort, the proposal, and the proposed development and rezoning. She said it met the criteria in the code. The City Attorney asked if the Board had any questions of Ms. Cole, the applicant, and the traffic expert. There were none. City staff presentation Jenny Rowan introduced herself as the Senior Planner and gave her experience and credentials. She noted a typographical error in the staff report on p 72 of the agenda packet. The FAR (Floor Area Ratio) should be 1.17 instead of 1. 7. She read a PowerPoint presentation summarizing the January 12, 2022, BOC Regular Meeting Page 4 of 19  staff report that she showed the Schooner resort proposed project and explained the updates to the concept plan sheets on the east side of Gulf Blvd. She read the staff report provided in the agenda packet that included the 12 standards required by City's Code, Section 110-393 and the findings and said they were met. Ms. Rowan said the LP A and City staff recommended approval of Redevelopment 2021-01 and Ordinance 2022-01, with conditions, A through Q, as listed in Section 1 of the ordinance, as regulated through the Development Agreement process. She read the conditions and said staff needed direction from the Board on Condition N, regarding the residential-medium lot located on 145 th Avenue. They recommend that the lot be designed for open space and the level of drainage that could otherwise be required to accommodate the allowed 0. 70 impervious surface ration areas. The City Attorney asked if the Board had any questions of City staff. Vice Mayor Price said the buildings were being built too close to Gulf Blvd. and asked how far back the garage was from Gulf Blvd. Ms. Rowan said she did not have the measurement in front of her. The architect might have an answer to that. Commissioner Hutson asked to go over the parking again because he did not see much detail about it in the packet. It looks to be 126 spaces, and according to the City's code, they need one per room plus one for every five rooms, which makes 64 spaces. They are given a space for the dumpster, creating 63 spaces. The calculations show 48 employees, and they will be using the 63 r-'°') spots. He asked if other spaces needed assigned for the hotel employees. Ms. Rowan explained that the City's code requires one per unit and one for every five units for the tourist lodging facilities. That would be 53 parking spaces plus 11 parking spaces making 64 parking spaces. The code addresses hotel units and not employees. Commissioner Hutson said they need parking spots for bar and restaurant employees. Ms. Rowan concurred and explained the parking space requirement for hotel buildings with mixed uses and the 50% rule for ancillary use parking in Section 110-971. She explained how they came up with 129 parking spaces that included credits for the bicycle stands and motorcycle spots. Vice Mayor Price asked how many spots were on paper, and Ms. Rowan said 129 and 126 were required. Commissioner Hutson asked if they needed to restrict special events until they got the valet parking. Ms. Rowan said the Board would need to decide that. Staff had not discussed special events with the developer. Commissioner Hutson said the neighborhood meeting documents show they looked at having 80 seats in the restaurant and approximately 80 seats on the rooftop. In the packet, he counted 127 seats in the restaurant and 150 seats upstairs in the packet, which is correct. He asked if they used building capacity when calculating. Ms. Rowan said they had not requested the capacity from the fire department. The maximum was calculated based on parking at the current stage. January 12, 2022, BOC Regular Meeting Page 5 of 19 Commissioner Hutson asked if there was a limit to the number of cabanas that can be put out in certain locations because they come in various sizes and types and if they must be kept above the mean high water line or could be put anywhere. He wanted enough room left at the bottom for residents, visitors, and citizens to get by. Ms. Rowan said they had not discussed it with them, but it is a valid point that should be addressed in the meeting. The cabanas and lounge-type chairs are mentioned in Condition G and will be recorded in the restrictive covenant along with the amplified sound. Commissioner Huston stressed concern about the setback on Gulf Blvd. for the parking garage and the sidewalk. The minimum for the sidewalk is five feet, and it is right up against the road. On 146th is where the people would be coming out of the parking garage and waiting to cross. That is also where all the traffic would be coming out of the parking garage and going down there. Traffic will be busy, and people will be trying to pull out thinking it is clear, then the lights will suddenly start flashing. The same problem exists at Caddy's, and he would not want that to happen again. Ms. Rowan said the developer could speak to that. Following questions from the Board to City staff, the City Attorney asked Attorney Cole if she needed to cross-examine, and she did not. The City Attorney said it was time for the public to speak. Public comments Michael Burke, 14401 Gulf Blvd., said he was within 300 feet of the proposed development and that the entire proposal ignored the plain language existing in the City's ordinance. Section 110- 388 uses the language "development must" and "at a maximum" and says it is designed to reflect the average intensity, height, and massing of the development pattern on surrounding property of similar zoning and use. The City's planner acknowledges no surrounding property with similar zoning and use. All the buildings in the surrounding properties are five stories or less. Ignoring the term "surrounding property," City staff and the developer have not identified the buildings they are relying on that provide the average density and use and have not indicated they are including the Schooner property itself, the hotel. The requirement to get to the concept of average height requires dealing with the surrounding property. There is no surrounding property that gets to a height above five stories. He encouraged the Board to be as judicious as possible and to use discretion because if it went to court, he would think that it would take a much stricter view of surrounding property than what was used. Rebuttal testimony by the applicant and response to questions and concerns Attorney Cole responded to the questions by the Board: 1. Setback along the east side of Gulf Blvd. - Attorney Cole said that on the site plan, p. A-1.3, it shows that the one closest is the ground floor parking provided to the City. The site plan shows the setback from the property line is five feet, the setback from the curb's edge is 21 feet, and the site plan includes the site visibility triangles required by the City's engineering department and FOOT. It shows that the building does not violate the site ;January 12, 2022, BOC Regular Meeting Page 6 of 19  visibility triangles when turning left from 145th and turning right from 146th • Additionally, there is an existing over eight-foot sidewalk there. The area between the sidewalk and the edge of the garage will be landscaped as part of the public commitment and will provide a much better environment than what is existing. 2. Parking - Attorney Cole said Mr. Pergolizzi could speak to the parking calculations if necessary. In essence, the ultimate statement is that the areas ancillary to the transient accommodation use cannot have more seats open to the public that would not be ancillary than what can be parked. During the site plan process, no matter how many squares or chairs are shown on a plan, it could not be permitted from an occupancy standpoint if there is not a parking space to support it. That is a backstop that the City's code allows and provides for in the site plan review. Staff would be looking for those specific occupancy requirements. 3. Parking calculations - Attorney Cole said the parking requirements in the City's code are shown on the site table. They went through each code section and determined the required parking of 126 spaces. As shown on the Architectural Site Plan - 1.0, the provided parking is 129 spaces. 4. Number of employees - Attorney Cole said the applicant currently operates hotels. His estimate of eight employees to support those uses is based on current operations at his other properties. It is a hotel with ancillary uses, and it is providing a service to its guests and those who are at the hotel for other purposes. Interestingly, the City's code does not provide a significant level of what is known as internal capture for those uses. It is probably a greater amount of parking than required in many other communities. If and when valet parking occurs, that can increase the parking capacity to the extent. 5. Use on the beach and the cabanas and the area seaward of the mean high water line - Attorney Cole said she would rely upon Mr. Trask's determination. It is a well-settled law that the area between the seaward of the mean high water line and the edge of water is going to be available to the public unless there was an extraordinary approval to encroach on that area would not be permitted by the City. Vice Mayor Price said it is happening right next door to the hotel at the county park, and she did not want it happening elsewhere. You can pretty much walk the length of the beach until you get to the county park because it is packed and not pleasant to walk through. Commissioner Hutson said he was concerned about the cabanas and lounge chairs right up to the water line. It is a public beach, and people should be allowed to enjoy it. 6. Everything seaward to the mean high water line - Attorney Cole said the applicant would be amenable to the condition to the PD reflecting the customary use that everything seaward to the mean high water line is accessible to the public. January 12, 2022, BOC Regular Meeting Page 7 of19  7. Approval of Condition Q - Attorney Cole said, as Ms. Rowan pointed out in her presentation, for Condition of Approval Q, the ordinance in the packet has a slightly different language. They do not object to the condition; they just want to ensure the ordinance language is correctly reflected if approved. Condition Q on p. 4 of the ordinance says the form of the restrictive covenant is attached hereto as Exhibit C, which is the direct language out of the proposed development agreement not yet seen by the Board. The language should be deleted unless the Board wants to include the restrictive covenant form in the ordinance. She would ask if there were a motion to approve the ordinance and the item that they would make that change to Condition Q. 8. Building height - Attorney Cole said it had been a project that the Board has seen and heard a lot and the residents discussed. One of the main issues has been with the height. The developer significantly reduced the height from what was approved last summer, a story and a half taller than what is discussed before the Board today. It has modified the uses on the roof and moved those uses to create visual consistency and conformity with the other properties. Mr. Burke and many others discussed the purpose and intent discussion of the planned development section. It is important to note that is the purpose and intent section. City Code, Section 110-393, provides specific criteria on how a planned development must meet the purposes and intent. Ms. Rowan had very specifically gone through all that to discuss how it conformed to the compatibility in the neighborhood, the compatibility with other projects, and the conformity with the comprehensive plan. If the intention were to only look at the immediately adjacent properties, then no new properties would eventually get developed that meet the goals in the comprehensive plan. Attorney Cole said the evidence was presented to the Board, they went through the application and the staff report, and the experts contributed to that. They would respectfully request the approval of both the redevelopment plan and the PD rezoning with the change in the rezoning ordinance to Condition Q, which references the specific deed restriction and change it to a general reference that adds that restrictions would be incorporated. The City Attorney asked Attorney Cole how the developer would like to proceed with Condition N. Attorney Cole said Condition N is the one relative to the parking and open space to the rear of the garage. In discussions with staff and the neighbors, it was important to transition between the parking deck and the neighborhood. The developer thought it would be nice to provide a public park in that area or a playground to give the neighbors some amenity. There are restrictions in the City's code based on the type of development, whether that could be a public park. They had not discussed with staff if the Commission would ever want to accept responsibility for that park. From the developer's standpoint, they are comfortable with Condition N as written for adoption today. Then in the future or at the site plan approval process, the Board could offer direction to 1 staff on whether they want it to be a public park or just be grass. That can be incorporated into :January 12, 2022, BOC Regular Meeting Page 8 of 19  the final development plans. There is a matter of flexibility, and they are hoping to provide an additional public benefit to the City. Vice Mayor Price asked if that area was no longer needed for drainage. Attorney Cole said no, and that it is not part of the proposed storm water drainage area north of that portion of the site. Vice Mayor Price said they might want to address it now. It is shown as a park on the concept plan with the developer having responsibility as the condition. Attorney Cole said, technically, it would not be open to the public according to the prohibition. They are happy to provide a park but only for the users of the hotel. The City Attorney said the Board could go ahead and approve it as presently presented. It will come back to the Board for a second reading and maybe have time to flush out the issue of it becoming a park or not a park and maintenance responsibilities. There has not been an analysis of that, and the city manager will probably want to address it. It can come back at the final site plan approval as well. It will only be for their project. A decision does not need to be made now about whether it should be a park or grass. Either way, the public would not have access to it. It will only be for their project. The City Attorney said Ms. Cole has completed, City staff has completed, and no additional summaries are necessary. It goes back to the Commission for consideration and to make two different motions. One motion would be for the redevelopment application, Agenda Item 8. A. The other motion is for the rezoning ordinance, Agenda Item 8. B. The Commission will discuss ,~, each motion before voting. When they get to the ordinance, he must read the ordinance by title. Mayor Hendricks motioned to approve the redevelopment (RDV 2021-01 ). Commissioner Andrews seconded the motion. Commissioner Hutson said that due to previous litigation, he is still nervous about the height and what problems it will cause going forward. He thanked the developer for putting in the unloading docks and other things. It looks better. The City Attorney said they should not be concerned about the litigation. They should determine whether it meets the requirements of Code and the criteria reviewed. It is the job of the Commission to apply the criteria. The concern of being sued if it is adopted is not one of the review criteria. Mayor Hendricks said he owns property in St. Pete Beach. The criteria used on his property were criteria used on a property a mile away from his property. To say there are no properties with that height close to that is not true. There are several buildings right along there that are taller than what has been proposed by the Schooner project, so he is all in favor of approving the project. Commissioner Hutson stressed more concern about the building height and the traffic pattern and said he did not know how to get past that. January 12, 2022, BOC Regular Meeting Page 9 of 19  Vice Mayor Price said the concept looks good, especially how the east side of the building looks. She was concerned with that being just a parking lot and no one wanting to walk by a parking lot. The fountain is attractive; they now have three stories, and the deck looks terrific. She thanked the developer and the group for doing that. The Planning Commission did a great job defining some of the conditions and zeroing in on some things they did not discuss the last time. The density is not maxed out, the looks have improved, it increases the public space, the greenery is a lot better, and most of all, it responds to the neighbors and the citizens' concerns. There is no one present other than Mr. Burke up in arms about it as they have seen with some projects in the past. She thinks they have met all the standards in City Code, Section 110-393, as presented by Ms. Rowan. She is for it. Commissioner Andrews said Dave had some great questions and called things out he had not thought of. They took to heart what had been brought to them from the summertime and went back to the drawing board on it. Everybody will not be made happy. In the beginning, the developers were not talking about doing the east side of the street, the project's second phase. They listened to what everybody said and came back with a different plan and reduced the height on the other side of the street. Trying and getting a project across and doing different things is one thing but taking in what people say and bringing back a proposal meeting all the requirements is another. Ms. Rowan did an awesome job in presenting. He felt they got the answers they needed on all of it. ROLL CALL: Mayor Hendricks "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" The motion carried 5-0. B. Ordinance 2022-01, PD Rezone of Proposed Schooner Development - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance 2022-01 by title only: ORDINANCE 2022-01 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 14500 GULF BOULEVARD (PARCEL 09 3115 87048 000 0010), 14550 GULF BOULEVARD (PARCEL 09 31 15 87048 000 0020), 14560 GULF BOULEVARD (PARCELS 09 31 15 05929 000 0010, 09 31 15 05929 000 0020, 09 31 15 05929 000 0030, 09 31 15 05929 000 0040, 09 31 15 05929 000 i January 12, 2022, BOC Regular Meeting Page 10 of 19  0050, 09 31 15 05929 000 0060, 09 31 15 05929 000 0070, 09 31 15 05929 000 0080, 09 31 15 05929 000 0090, 09 31 15 05929 000 0100, 09 31 15 05929 000 0110, 09 31 15 05929 000 0120, 09 31 15 05929 000 0140, 09 31 15 05929 000 0001), VACANT LOT TO THE WEST OF 106 145™ AVENUE EAST (PARCEL 09 31 15 54306 000 0030), VACANT LOT TO THE SOUTH OF 14601 GULF BOULEVARD (PARCEL 09 3115 87048 000 0710), 106 145™ AVENUE EAST (PARCEL, 09 31 15 54306 000 0040), AND 14503 GULF BOULEVARD (PARCEL 09 31 15 54306 000 0020) FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL (R-3) OR PLANNED DEVELOPMENT (PD), RETAIL COMMERCIAL (C-3) OR PLANNED DEVELOPMENT (PD), AND LOW DENSITY MULTIFAMILY RESIDENTIAL (R-2) OR PLANNED DEVELOPMENT (PD), TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. City Attorney Tom Trask said there was no necessity for an additional presentation. They completed it and needed a motion to approve the ordinance subject to the deletion of the sentence referred to in Condition Q, and that would be the deletion of the words, "The form of the restrictive covenant is attached hereto as Exhibit C." The language doesn't need to be there and should be deleted from the ordinance. Commissioner Andrews motioned to approve Ordinance 2022-01 with the deletion of the ~- sentence in stipulation Q. Commissioner Hodges seconded the motion. There was no discussion from the Commission on Ordinance 2022-01. ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. Vice Mayor Price recessed the meeting at 8:12 p.m. and reconvened the meeting at 8:18 p.m. C. Ordinance 2022-02, Amendment to Chapter 94, Floodplain Management, to regulate Manufactured Homes and Recreational Vehicles - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance 2022-02 by title only: January 12, 2022, BOC Regular Meeting Page 11 of 19  ORDINANCE 2022-02 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 94 FLOODPLAIN MANAGEMENT, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO AMEND SECTION 94-93 TO ADD A DEFINITIONS FOR MANUFACTURED HOME AND RECREATIONAL VEHICLE; TO AMEND SECTION 94-103 TO PROVIDE FOR ZONING LIMITATIONS ON INSTALLATION OF MANUFACTURED HOMES AND OCCUPIED RECREATIONAL VEHICLES; PROVIDING FOR APPLICABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Senior Planner Jenny Rowan said the amendments to the City of Madeira Beach Code of Ordinances, Chapter 94, Floodplain Management, are regulated and monitored by the State of Florida and FEMA. The proposed amendments to Chapter 94 will not allow the installation of manufactured homes in flood hazard areas. The City currently does not allow manufactured homes in the floodplain. The amendments solidify the current practice and assure the City's code is in good standing with the Florida Statutes and the National Flood Insurance Program's Community Rating System program. Vice Mayor Price asked if they were adding or amending the definitions to comply with what the county would like. Ms. Rowan said it is the state and FEMA. The state had contacted them and asked that Chapter 94 be changed to what is proposed now. 1~ Commissioner Andrews motioned to approve Ordinance 2022-02. Commissioner Hodges seconded the motion. Vice Mayor Price opened to public comment. There were no public comments. Mayor Hendricks said the ordinance mentions recreational vehicles and asked Ms. Rowan to explain it. Ms. Rowan said it refers to both manufactured homes and recreational vehicles. Both are occupied trailers, which are prohibited. The Mayor asked about the ones just sitting in someone's driveway. Ms. Rowan said it is referring to occupied recreational vehicles. ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" January 12, 2022, BOC Regular Meeting Page 12 of 19  The motion carried 5-0. D. Ordinance 2022-03, Comprehensive Plan Text Amendment, Activity Center - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance 2022-03 by title only: ORDINANCE 2022-03 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO ESTABLISH A LAND USE CATEGORY FOR ACTIVITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Senior Planner Jenny Rowan said the proposed amendment created a land use category consistent with the county-wide rules allowing for the establishment of activity centers. No specific property or location is associated with the text change. It is simply a definition. The amendment adds a category of use the community can choose when updating its plan and map in the future. Adopting the activity center designation for a specific property or area would require a separate land use map amendment and the adoption of regulating policies to define how the activity center would be developed. The City Attorney said it is basically just putting a tool in the toolbox. Commissioner Hutson said they had already created an activity center and asked how they did it if they didn't have the tool then to do it. Directing them to p. 23 7 of the agenda packet, Ms. Rowan said they have the planned redevelopment mixed use, the PR-MU, the land use designation for the current town center special area plan. In comparison, it is the same thing, just cleaning it up. It is clearer with the county's definition and consistency in calling it an activity center instead of PR-MU use. Commissioner Hutson referred to the table on p. 237 in the ordinance, showing the land area and units per acre. He said the units per acre seemed high and asked when they would have a place that has greater than three acres and 125 units. Ms. Rowan said it is already in the comprehensive plan for the resort facilities' high land use category. They have the definition but not the land use in that category. She did not know how long it had been in the comprehensive plan. Right now, there is no chance of that happening. That would go before the Board if there was a possible land use change and there has been no move towards that. Commissioner Hutson motioned to approve Ordinance 2022-03, comprehensive plan text amendment, activity center, after first reading. Commissioner Andrews seconded the motion. January 12, 2022, BOC Regular Meeting Page 13 of 19  Vice Mayor Price opened to public comment. There were no public comments. ROLL CALL: Commissioner Hutson "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 9. UNFINISHED BUSINESS A. Resolution 2022-01, Parking Fee Commitment - Andrew Laflin, Financial Consultant City Attorney Tom Trask read Resolution 2022-01 by title only: RESOLUTION 2022-01 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, COMMITTING ADDITIONAL PARKING REVENUES GENERATED FROM THE ADOPTION OF ORDINANCE 2021-28 TO BE USED EXCLUSIVELY AS A FUNDING MECHANISM FOR THE DESIGN AND CONSTRUCTION OF A PARKING GARAGE FACILITY WITHIN THE CITY OF MADEIRA BEACH, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE Financial Consultant Andrew Laflin reviewed the item and explained the purpose of the resolution. He said the Fees and Collection Procedure Manual was recently adopted. It increased the parking meter rate Citywide from $2.50 to $3.00. The increase will result in additional revenues to the City to support future enhancements to existing parking infrastructure. It takes the extra $0.50 earned on all parking fees across the City and commits them to constructing the parking garage. Finance will handle the accounting aspect. A separate bank account does not need to be created. It can be handled within the general ledger. That is how both the committed revenues going in and the committed balance will be reduced by eligible design, engineering, and construction expenditures of the new parking garage. Vice Mayor Price said she was concerned because they had sold the parking increase to the John's Pass business owners to get them more parking. They do not have anything in the resolution stating a specific location. They are not using the additional revenues to build a parking garage elsewhere. I Vice Mayor Price and the City Manager suggested language to include in the resolution. :January 12, 2022, BOC Regular Meeting Page 14 of 19 Commissioner Andrews said he had no problem with the wording but does not want to pigeonhole themselves with wording. The purpose of it is for the residents. The money generated after it is done will keep the taxes down, a long-term goal. It needs clarifying that they are not building it for John's Pass merchants, although they will be beneficiaries of it. They are building it for the benefit of the City. Hopefully, the parking garage will be paid off in five to seven years, and the additional revenues will become perpetual income for the City. Commissioner Hutson said they should get more beach parking in that location than anything else. The City Attorney suggested that in the second whereas paragraph after the word facility to add, "within one-half mile of John's Pass Village." Then under Section 1, delete the words "The City of Madeira Beach" and put in "one-half mile of John's Pass Village." It is a resolution that can be changed at any time. It gives direction to City staff on what to do with it initially. He can make those changes, and it will be ready for adoption. Commissioner Andrews motioned to pass Resolution 2022-01 with the changes just discussed. Commissioner Hodges seconded the motion. Vice Mayor Price opened to public comment. There were no public comments. ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 10. CONTRACTS/AGREEMENTS A. Aclarion Software Licensing Agreement -Andrew Laflin, Financial Consultant This item was moved to a future meeting date. 11. NEW BUSINESS A. Purchase of Kenworth T880 Garbage Truck - Megan Wepfer, Public Works Director Public Works Director Megan Wepfer reviewed the item and explained the need to purchase a new garbage truck. It is currently in the budget. The 201 7 truck is at the end of its useful life and needs at least $20,000 in repairs. The same repairs had been done in the last couple of years. The January 12, 2022, BOC Regular Meeting Page 15 of 19  cubic yardage will also increase from 27 to 32. They are very busy, and that will help tremendously. Vice Mayor Price said it looks like on p. 256 of the packet that if they went with a different Kenworth, the base chassis, they could save a little money. She does not know if they are pigeonholed to use the southern zone, and that is why going with the higher number. Director Wepfer said they are not. Mike, the rep they are using is the same rep used when purchasing the previous Kenworth. He moved to the southern zone and gives them discounts on truck add-ons adds other things due to issues with the trucks they have. He takes good care of them and has thrown in a few free things on a couple of the trucks. It may look like they are paying more than the base price, but when it comes to the additives they are not. At the request of Commissioner Hutson, Director Wepfer explained how often they fuel the trucks. Vice Mayor Price said they approved it in the budget already, so she has no problem with it. Commissioner Hodges motioned to approve the purchase of a Kenworth T880 Garbage Truck. Commissioner Hutson seconded the motion. Vice Mayor Price opened to public comment. There were no public comments. ROLL CALL: Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. 12. STAFF REPORTS A. City Manager's Report - December 2021 Vice Mayor Price said she downloaded the City of Madeira Beach mobile app. She looked at the news, and there was a red tide update from 2021. It is now old news and should be removed. Vice Mayor Price said that the City Clerk's report mentions accepting public comments by email in advance of each meeting. The City Clerk said that was supposed to be removed. She will take it out. The Vice Mayor suggested specifically saying public comments made in person with a 1 three-minute time limit. i City Manager Robin Gomez commented the following: · January 12, 2022, BOC Regular Meeting Page 16 of 19  1. He was honored and humbled to be the city manager and appreciated all the welcome. 2. There is a lot of work occurring throughout the City, and there will be much more. The staff continues to be extremely busy with many projects and daily activities. He appreciates their work. It makes it easier coming into an organization in a city and seeing extremely dedicated men and women that truly care about what they do and care about the residents, the businesses, and the many visitors they get. 3. He heard from several residents already that they read the city manager's report. Hopefully, more people will take an interest in reading it. The information is very useful. Vice Mayor Price said the report states no update on the Holiday Isle project. The same language continues to be in there and should be removed. It makes her think the property is languishing when she sees movement there. 13. AGENDA SETTING - January 26, 2022, BOC Regular Workshop Meeting A. Presentation of a possible Marina High-Dry Boat Storage - Founders 3 Real Estate Services B. Presentation by Florida Parking - Robin Gomez, City Manager; Parking Enforcement C. Request to add Carports - Linda Portal, Community Development Director D. Update on the Ball Field Lights and the Cameras - Jay Hatch, Recreation Director E. Solar Energy for City buildings - Robin Gomez, City Manager Items added to the workshop agenda: Commissioner Hutson 1. Adding in the noise ordinance from 7:00 a.m., to 11 :00 p.m. - Commissioner Hutson said Pinellas County has an ordinance they can look at. During the day, it ignores all lawnmowers, blowers, and things like that, but they set a limit of 65 decibels. He does not know if the officers can measure that if they have the equipment. They cannot do anything about the excessive noise because the City has nothing in the ordinance addressing it. Commissioner Andrews asked if they talked about insurance for Commission members again. Vice Mayor Price said they did but decided against it. Vice Mayor Price 1. Revisit the dogs on the beach ordinance - Vice Mayor Price said languages needed to be cleaned up and shortened. Some of the language in there they are not allowed to do and would not want to do, such as taking someone's dog away. She might also ask that they include in the ordinance requiring their hotels and condos to post something so that January 12, 2022, BOC Regular Meeting Page 17 of 19  people who go there with their pets know not to take them on the beach. There should be some concrete parameters of what types of dogs and pets can go out there and what cannot. 14. REPORTS/CORRESPONDENCE A. Board of Commissioners Commissioner Hodges said the Elks Club in Madeira Beach sent everyone an invitation to attend an event put on by the Treasure Island & Madeira Beach Chambers on January 29 from 6:00 p.m. to 9:00 p.m. It would be good if everyone could attend. Commissioner Andrews welcomed City Manager Robin Gomez and thanked him for the end-of- the-week updates sent to them. The Commission getting the information at the same time helps keep everyone on the same page. The meetings might flow much quicker. Commissioner Hutson said the Library board meeting is on January 24, 2022, at 4:30 p.m. B. City Attorney City Attorney Tom Trask said he provides the Board monthly a litigation status report. He cannot go into details at the meeting because some information is confidential. It is important to look at that and sometimes there is not much activity to make some changes. One change is that one of the Michael Burke lawsuits has been dismissed. It was dismissed on December 21 and prior to serving the City. It was the one for the injunctive relief relative to the Schooner project. One still pending may become moot if the Board approves the PD zoning on the second reading. It will do away with the prior ordinance. C. City Manager City Manager Robin Gomez said they will be celebrating the City's 75 th anniversary all year long. They have a new log, and events and activities will be added. He asked everyone to be on the lookout for the big events to go on May 5. It will be sort of a Founders Day. The Seafood Festival event is on January 20 through the 23. He invited everyone to attend. They are looking for volunteers, and those that would like to volunteer to contact the Recreation Department. As a reminder, the Madeira Beach Market is held every Wednesday. D. City Clerk The City Clerk reminded everyone of the March 15 th Municipal Election. District Commissioner One and Two are on the ballot, along with one referendum for the sale of property and three charter amendments. For District One, candidates are Helen "Happy" Price, the incumbent, and David Tagliarini. For District Two, candidates are Chuck Dillon and Ray Kerr. The City Clerk received direction on the following: : January 12, 2022, BOC Regular Meeting Page 18 of 19  1. At the beginning of each Agenda, add a topic for the referendum and charter amendments on the March 15 th ballot to allow the public to ask questions. 2. The swearing-in ceremony for the Commissioners elected is tentatively scheduled for the fourth Wednesday in March, depending on when the final election results are received. The first meeting for the new seated Commission is at the regular meeting in April. 3. Plan a special Commission event for all the residents to attend and meet all their Commissioners, possibly in correlation with the 75th anniversary. 15. ADJOURNMENT Mayor Hendricks adjourned the meeting at 9:03 p.m. ATTEST: January 12, 2022, BOC Regular Meeting Page 19 of 19  0 --