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Board of Commissioners Regular Meeting

Regular Meeting

Madeira Beach, FL · February 9, 2022

AgendaPacketMinutes

Minutes

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 9, 2022 6:00P.M. The City of Madeira Beach Board of Commissioners held a regular meeting at 6:00 p.m. on February 9, 2022, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Helen "Happy" Price, Vice Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 Doug Andrews, Commissioner District 3 (via teleconference) Dave Hutson, Commissioner 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 Mayor Hendricks called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hodges gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA City Manager Robin Gomez asked to move from under 9. Public Hearings, Agenda Item D and E to be heard first before Agenda Items A, B and C. The Board consented. 5. MARCH 15, 2022 MUNICIPAL ELECTION BALLOT - REFERENDUM & CHARTER AMENDMENTS February 9, 2022, BOC Regular Meeting Page 1 of 27 City Clerk VanBlargan read and explained the referendum question and three charter amendments on the March 15, 2022 Municipal Ballot, and asked after each one for public comment. There were no public comments. 6. PROCLAMATIONS/PRESENTATIONS 6.1.PROCLAMATIONS-MAYOR/CITY CLERK There were no proclamations. 6.2. PRESENTATIONS (limited to 10 minutes each) A. Firefighter of the Year, Firefighter/Paramedic Erick Ubiles - Fire Department Raul Perez with the Fire Department recognized Firefighter/Paramedic Erick Ubiles as Firefighter of the Year in 2022. B. Introduction of Community Risk Reduction Program - Fire Department Raul Perez with the Fire Department explained the Community Risk Reduction Program and responded to questions and comments by the Board. C. Certificate of Appreciation to Mayor John B. Hendricks for completing the 2021 Institute for Elected Municipal Officials II (IEMO II) held on November 12-13, 2021, in Tampa, Florida. City Clerk Clara VanBlargan presented a Certificate of Completion to Mayor John B. Hendricks for completing the 2021 Institute of Elected Municipal Officials II (IEMO II) held on November 12-13, 2021, in Tampa, Florida. D. GFOA's Certificate of Achievement for Excellence in Financial Reporting. City Manager Robin Gomez recognized the Finance Department for receiving the GFOA's Certificate of Achievement for Excellence in Financial Reporting. E. Automated Drystack Feasibility by Founders 3 Real Estate Services David Behnke, John Matheson, Alain Giudice of Founders 3 Real Estate Services gave a PowerPoint presentation on automated drystack feasibility. The presentation included the company's background history, an overview of the recent marina drystack facility built in Fort Lauderdale, and an overview of a proposed marina drystack facility they would like to do for Madeira Beach. They said it would be pollution and noise-free. They responded to questions and comments by the Board that included the following: February 9, 2022, BOC Regular Meeting Page 2 of27 • The difference would be that the one for Madeira Beach would require a little more manual labor because someone would have to operate the lift whereas the one in Fort Lauderdale is just a push of a button. • The estimated cash-out construction cost would be $16,579,883, and the City could also choose an 18-month lease-up schedule. • The financial projections would be a total annual revenue of $5.4 million, annual cash flow after stabilization would be $2.5 million. With interest, the project would pay for itself in about ten years. They anticipate the return to be where it is. • The location of the drystack would need to be determined. There are many factors to consider. • Economically it works for the area very well. Commissioner Andrews said it was a great presentation, and it would be a good topic for a workshop. They could go through the numbers and hear Andrew Laflin's opinion on how it would work financially. 7. PUBLIC COMMENT Chuck Dillon, 529 Lillian Drive, said Kitty Stuart Park had six residential parking stalls that got removed and asked if those could be put back on the south side and put in some new resident parking only signs. That way, they would get their resident parking back. They can park anywhere now, but sometimes it is hard to find a place to park. Bill Julian, 407 S. Bayshore Drive, explained the need for a left tum signal to tum left onto Madeira Way from Gulf Blvd. There are no pedestrian crosswalks or a green light there. 8. CONSENT AGENDA A. Approval of Minutes • 2022-01-12, BOC Regular Meeting Minutes • 2021-01-26, BOC Regular Workshop Meeting Minutes Vice Mayor Price motioned to approve the Consent Agenda, the approval of the minutes. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" February 9, 2022, BOC Regular Meeting Page 3 of27 The motion carried 5-0. 9. PUBLIC HEARINGS D. Ordinance 2022-01, PD Rezone of Proposed Schooner Development - 2 nd Reading & Public Hearing - Linda Portal, Community Development Director This item was moved to be discussed first under 9. Public Hearings. 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 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 145TH AVENUE EAST (PARCEL 09 31 15 54306 000 0030), VACANT LOT TO THE SOUTH OF 14601 GULF BOULEVARD (PARCEL 09 31 15 87048 000 0710), 106 145TH AVENUE EAST (PARCEL, 09 31 15 54306 000 0040), AND 14503 GULF BOULEVARD (PARCEL 09 31 15 54306 000 0020) FROM MEDIUM DENSITY MUL TIF AMIL Y 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 read the City's code stating the procedures for the quasi-judicial hearing and asked the Commissioners if they had any ex parte communication or conflicts of interest to disclose. There were none. The City Attorney administered the Oath to all those present to speak on the item. The City Attorney said it was not a full-blown quasi-judicial hearing. That was done at the first hearing. This hearing is to determine whether there were any changes in the ordinance or staff recommendations since the first hearing. Attorney Trask said two affected parties filed a Notice of Intent, William Gay on January 28, February 9, 2022, BOC Regular Meeting Page 4 of 27 2022, at 12:10 p.m., and Michael Burke on January 28, 2022, at 1:35 p.m. They will first need to determine if they are an affected party. After calling their name, Mr. Burke was the only one present at the meeting. Katie Cole, Hill Ward Henderson Law Firm, did not object to Mr. Burke being an affected party. She objected to Mr. Gay being an affected party. He lives outside the notice area, and the impact to him would not be any different or distinguishable from any other resident in the community. Attorney Timothy Weber agreed that Mr. Gay was outside the area of impact. Mayor Hendricks determined that Mr. Gay was not an affected party, and Mr. Burke was. He could present evidence and cross-examine witnesses, etc. The City Attorney said there were two PD zoning items to consider, the PD rezoning and development agreement. The PD rezoning is quasi-judicial, and the development agreement is legislative. The PD rezoning would be addressed first. Under the City's PD zoning rules, in a quasi-judicial hearing, the applicant presents first, followed by City staff. It will be the opposite when considering the legislative act dealing with the development agreement. Applicant presentation Katie Cole, Hill Ward Henderson Law Firm and representing the applicant, JJB Schooner, said Mr. Trask had said at first reading the applicant presented significant testimony in both oral with its experts and a PowerPoint that recapped the testimony. They incorporated the application, the response to comments, and all the communications with staff relative to the application as part of the record. She would first like to ask the Commission again to incorporate the evidence they received at the first reading and all the evidence provided previously into the record for tonight. Mayor Hendricks accepted all into the evidence as Attorney Cole had asked. Attorney Cole said they did not want to recap each of the criteria because there are a significant number of criteria in the City's code. It addresses very specific things such as landscaping, the width of a sidewalk, what the treatment is architecturally, and then it has the more obscure items that are more subjective. Whether it is compliant with the comprehensive plan and land development code through both, the testimony provided in the application presented by the applicant together with the staff presentation heard and the staff report, which is again in the record tonight. The application meets those criteria for approval. The applicant first submitted an application in October to reduce the size of the property and the scope of the proposed redevelopment from what was previously approved last summer. The applicant further modified that application, which is presented to the Commission for final reading tonight. The charge is that the Commission weighs the evidence and makes a decision if the evidence in the record supports their approval. The team is present for additional questioning. Section 2 of the ordinance states that a quasi-judicial hearing allows the applicant to present additional evidence after any other folks speak. If necessary, they will offer that. They appreciate the continued support that both the staff has recommended approval and the Planning Commission February 9, 2022, BOC Regular Meeting Page 5 of27 unanimously recommended approval. The Commission voted 5-0 and unanimously approved the project on first reading. It is appreciated, and they look forward to moving forward with it. City staff presentation Senior Planner Jenny Rowan said there were no changes in the concept plan or staffs recommendation from the last hearing on January 12, 2022. The applicant originally submitted plans showing floors three through seven which were removed in the last few revisions as they were not required for the concept review. The applicant provided plans on the floor levels three through seven to reflect the updated concept plan and to support the full review process. She said on the dais is a copy of two updated sheets as an exhibit for Ordinance 2022-01 along with copies of the concept plan that were provided to the Board on January 12 and a copy of staffs presentation for the rezoning only. The copy of the presentation is similar to the one heard on January 12, with the redevelopment application slides omitted. Staff would like to record the additional floor plan sheets for levels three through seven, the rezoning presentation, the information on Linda Portal and herself, Jennifer Rowan, and the staff report into the record as an exhibit. City Attorney Tom Trask said to the Mayor that they are submitting all the items into evidence, and he would have to make the decision whether he is going to accept them into evidence. Mayor Hendricks accepted the items into evidence. Applicant questions to City staff Attorney Cole asked for clarification that the floor plans were incorporated in staffs review, and they had seen them, and they were not incorporated into the most recent submittal. Ms. Rowan confirmed so. Attorney Weber's questions of City staff Attorney Weber, Weber Crabb Wein, on behalf of Mr. Burke, asked the following: 1. If the submittals just brought forth, the floor plans for three through seven on the hotel, had been made available at any time to the public before now. Ms. Rowan said not the current design. Previous submittals of the concept plan had the floor plans, but the submittals they have today on the dais did not. 2. The plans on the City's website that people are told to consult before tonight's hearing do not include those plans for floors three through seven. Ms. Rowan said correct. They received those plans today. 3. Did those plans depict the floor area of each room in the gross floor area of floors three through seven? February 9, 2022, BOC Regular Meeting Page 6 of27 Ms. Rowan said yes. They have the dimensions of each room and the square footage of each room. 4. Is there any explanation why those plans were not submitted previously? Ms. Rowan said they were in the original concept plan, but they were left out since there were minor revisions to the concept plan. 5. What is the gross floor area depicted on the plans for floors three through seven? Ms. Rowan said they have just the square footage of each individual room, and on p. ASP-1 of the concept plan, you can see the total gross floor area. 6. The plans for floors three through seven depict just the individual rooms and not the entire gross floor area. Ms. Rowan said the entire gross floor area is shown on ASP-1 in the concept plan. 7. Have you done an analysis as to whether the amount set forth on ASP-1 matches the plans received today? Ms. Rowan said it would be reviewed further in the site plan process to assure they are within the allowed FAR they requested. 8. You have not reviewed those for purposes of tonight's approval. Ms. Rowan said correct. 9. The data table regarding the FAR indicates that the gross floor area on the west lot is 55,177.35. Ms. Rowan said yes, the gross floor area on the west lot-is depicted on ASP-1. 10. Why is the total gross floor area of 53,822.01 used in the FAR calculation when the data sheet says 55,177.35? Ms. Rowan said the two numbers are different. Certain areas are not included in the floor area count, and they would need to review that, but if it passed, the applicant would not be allowed to have a FAR of over 1.17 regardless. 11. What areas of the 55,177.35 would not be included in the FAR calculation, and would it be sufficient to say she was unaware of the difference? Ms. Rowan said, correct. She did not have it before her and then read the definition of floor area and the floor area gross as defined in code. February 9, 2022, BOC Regular Meeting Page 7 of27 12. Do you know whether the difference in FAR in the two tables between the gross floor area table and the FAR data sheet is attributable to anything on that list? Ms. Rowan said she did not have the information in front of her. 13. What would be the allowable density if using density intensity averaging for the east and west lots without the redevelopment plan? Ms. Rowan said without the redevelopment plan or redevelopment, for the R-2 lot, the RM lot, they could have one unit instead of the redevelopment of three residential units they are asking for. On the ROR lot, formerly C-3 or PD lots, they are allowed 22 temporary units. They are not asking for redevelopment on that lot. The RFM lots, west of Gulf Blvd., could have 27 temporary units without the redevelopment. With the redevelopment, they were asking for 31 units. 14. How do you get to the 27 on the west lots? The staff report said 20. Ms. Rowan said she would need to look that up again; her scratch notes say 27 units. 15. Attorney Weber said it is .46 acres at 45 units an acre on the west lots. Ms. Rowan said since it is one site and the site is larger than one acre, they could request the 60 temporary lodging units per acre or 18 residential units per acre. 16. If you are averaging the density and intensity, would you not average what was on the west lots without regard to the entire site since you are averaging it with the density on the other side. Ms. Rowan said the site as the total is 1.1. They look at the site as the total when calculating the density. 17. With your calculation of what is available on the west, the total density without the redevelopment would be approximately 50 units. Ms. Rowan said she would need to add the numbers together, which she does not have that in front of her. It would be less than what they are asking for. 18. The staff report does not include any analysis of the average height of the surrounding buildings. Has the City done any analysis, and how did the City arrive at an average height of the surrounding buildings consummate with the project? Community Development Director Linda Portal said the PD ordinance allows the calculation of density and height particularly differently based on the circumstances. They can do a minimum or average of height on surrounding properties of the same February 9, 2022, BOC Regular Meeting Page 8 of27 zoning and use. There are no immediately surrounding properties designated as PD and then uses hotel. If they expand that out to look at what other uses of that type, even if they are not immediately surrounded, they get a list of hotels that are designated as PD in the neighborhood of seven or eight stories. Because those are not surrounding, they opted to go with the second recommendation, which allows the Commission to consider in light of the voluntary provision of civic or community enhancements they can provide additional height as seen fit. It includes the ground floor retail, expanded setbacks, enhanced landscaping, and other design enhancements that are further in the policies and strategies of the comprehensive plan. That is the recommendation they based their analysis on because that is an option and because the project provided some enhancements. 19. Did you grant additional height and not calculate an average height to compare the project to? Director Portal said there are no immediately surrounding properties in the same zoning and use, which is the definition required in the PD. 20. There were immediate surrounding properties of the same zoning as the existing zoning on it. Director Portal said not in the proposed zoning. It is a PD proposal, and those are the options. They are obligated to find out if other properties are similarly zoned to the PD that is requested. Otherwise, there would be no point in the review with it. 21. What list of PD projects could he come up with giving him an average height of eight stories in the City? Director Portal said several hotels have been approved or built that are also PDs, including those lots in the town center, approved at levels of eight floors. The Madeira Bay was approved at eight floors, and Barefoot Beach has seven stories. They do not have a lot of PD hotels in town, but those they do have are either seven or eight stories. 22. Of the motels in the R-3 in the vicinity of this particular project, are there any of them over three stories? Director Portal said no, but they are not requesting an R-3. They requested a PD. So, they would be looking to compare it to other PDs and other hotel use. 23. So, you disregarded all properties with the same zoning as the underlying zoning because PD was requested there. Director Portal said if they were building in accordance with the underlying zoning, there would be no need for the analysis. February 9, 2022, BOC Regular Meeting Page 9 of27 24. How far away is the closet hotel used in the average to justify the height on the building. Director Portal said Hotel B at eight floors is 1500 feet from the Schooner. 25. That is the Madeira Beach Town Center project on 150th ? Director Portal said correct, because there are no surrounding properties in the same zoning and of the same use, and because the City Commission has the option of using more than one means of calculating height. 26. Doesn't the City's code really say that you can have additional stories above the underlying zoning's height limitation based on the provision of civic enhancements, expanded setbacks, etc.? Director Portal said correct, because if not going over the existing zoning, there would be no need for the request. 27. The City's PD code says that at a maximum be designed to reflect the average intensity height. Director Portal said no because they do not have any similar zoning or uses surrounding that property. You must go beyond that. Attorney Weber said he had no other questions of staff. Applicant questioned staff Attorney Cole asked Ms. Rowan: 1. How many times has she met with the applicant's architect or the applicant's team since the original approval of the PD in July. If at one of the meetings, she reviewed the floor plans with the applicant's architect and highlighted and redlined what needed to be included in the gross floor area as to what was to be included in the floor area ratios. Mr. Rowan said she had no less than six meetings with the applicant and the architect reviewing specific criteria and highlighted and redlined what needed to be included in the gross floor area as to what was to be included in the floor area ratios. 2. If she felt she had sufficiently calculated and accepted the numbers presented as distinguished between gross floor area and floor area ratio in the review? Ms. Rowan said yes. 3. Did the floor plans originally submitted for three through seven have a larger gross floor area and area ratio? February 9, 2022, BOC Regular Meeting Page 10 of27 Ms. Rowan said she believed so. She did not have it in front of her. 4. Compared to what is requested to be approved today, is it a reduction in the floor area ratio based on the plans submitted in October? Ms. Rowan said absolutely and a floor reduction. 5. Can they presume that floor levels three through seven have a reduced number of square footage and overall FAR based on the plans seen with the gross floor area? Ms. Rowan said she had not looked at both submittals side by side, but she would assume so. 6. If one of the criteria for approval was for the Commission to have access to and review all staffs calculations. Ms. Rowan said no. 7. If she had seen the packet, she had just handed her with the various buildings and heights before. Ms. Rowan said it was emailed to her earlier today. 8. Had she discussed with her each example? Ms. Rowan said yes, briefly. 9. If the examples were similar to those, they discussed with the applicant over the past six months relative to what height would be appropriate on the site. Ms. Rowan said yes. It did not include the approval of Hotel A and Hotel B in the Town Center. The City Attorney asked the Mayor if he would be accepting the packet just handed out into the record. Mayor Hendricks accepted the packet into the record. Attorney Weber calls his witness Michael Burke, who had taken the Oath, and questioned him Mr. Burke said his address is Unit 204, 14401 Gulf Blvd., Madeira Beach. Attorney Weber showed Mr. Burke a compilation of spreadsheets containing building heights for surrounding buildings on Gulf Blvd. in the immediately surrounding area and asked Mr. Burke February 9, 2022, BOC Regular Meeting Page 11 of27 the following questions: 1. If he was familiar with that particular area. Mr. Burke said yes. 2. How he determined the building heights in the surrounding area. Mr. Burke said it was based on his observations. With a list of properties from the property appraiser's office, he walked around and counted the number of floors. He made corrections to reflect what he saw in one or two cases. 3. Referring to the first page of the exhibit showing the height of the buildings on Gulf Blvd. between 143 rd and 147th, he asked the average height of the buildings on Gulf Blvd. in that area. Mr. Burke said 2.2 stories. It was from one story to four stories to the La Coquina building and up to a hight of six stories for the Aria Dam and the Seaview Condo. The rest are one or two stories. 4. Referring to the second page of the exhibit showing the height of the buildings on 144th Avenue, he asked the mean height of the buildings on 144th Avenue. Mr. Burke said 1.3 stories. They are all low-density developments. 5. What was the mean height on 145 th Avenue? Mr. Burke said 1.3 stories, a mixture of two-story and one-story buildings. 6. What was the mean height on 146th Avenue? Mr. Burke said 1.2 stories, triplexes, single-family duplexes. 7. What was the mean height on 14 7th Avenue? Mr. Burke said 1.1 stories. The only one higher than one story is a two-story six-unit condo. Attorney Weber provided the exhibit to the Mayor and asked it to be received into evidence. The Mayor accepted the document into evidence. Attorney Weber continued questioning Mr. Burke. 8. If an eight-story building was consistent with the surrounding buildings in that area where he lives in the neighborhood. February 9, 2022, BOC Regular Meeting Page 12 of27 Mr. Burke said he does not see where it could be consistent because the maximum height along the west side of Gulf Blvd. is six stories until you get to the five large apartment buildings away before getting to the Ocean Sands Condo at 150th • Anything across the street is two stories, and their building is four stories on the east side of Gulf Blvd. Attorney Cole questions Mr. Burke Attorney Cole asked Mr. Burke to identify which parcels have a planned development zoning on his spreadsheet. Mr. Burke said he did not think he could; he only had the address and name of the building. Attorney Weber asked that the July 14, 2021 Schooner approval transcript be admitted into the record. Attorney Cole objected. She said it is a separate application that had no bearing on the present quasi-judicial hearing. It is a new application that was submitted. There was a lawsuit pending that Mr. Weber is intimately aware of that stayed in consideration for this approval which would obviate the July approval if approved on second reading. Attorney Weber said there was no approval tonight that would obviate the July 14, 2021 approval, or the litigation. They would be asked later to consider a development agreement that, for any reason that the approval tonight was invalidated, would place the two parties back into the same position they occupied before tonight's vote, which is the currently pending litigation on the July 14, 2021, approval. That approval demonstrates and is already referred to tonight by the applicant themselves about voting on it in July. It is appropriate to see the course of the approval of the project, the course of the Commission's consideration of the project, and to have an adequate and complete record for all parties concerned concerning how it has been handled. The City Attorney said the Mayor would need to act upon whether he would allow that. It is a separate application. His advice per City Code, Section 2-8 (a), the rules of procedure, it should not be included because it is a separate application, and that application should stand on its own. It has nothing to do with the current application. The Mayor agreed and denied the request to include it into the record. Public comment The City Attorney asked if anyone else from the public would like to address the Commission on the application. After being sworn in by the City Attorney, Jean Farnan, 574 Johns Pass Avenue, stressed concerns about the proposed project, including traffic concerns, pedestrian safety, and building height. She said the Planning staff should be working for the City of Madeira Beach and not the applicant. February 9, 2022, BOC Regular Meeting Page 13 of27 Closing comments by City staff City staff had no closing comments. Attorney Weber's closing comments Attorney Weber said the Commission keeps voting on the project because it does not comply with the City's code. The applicant and City staff repeatedly assured that they met all the requirements. If so, they would not be meeting again with a complete start over. He asked that they heed the advice of Mr. Trask that if there is no competent substantial evidence to show that the applicant met all the requirements, they are required by law in the quasi-judicial proceeding to vote no. Without a redevelopment plan, the City staff had said that the maximum density on the project is 27 units on the western parcel, 22 units on the eastern parcel, and one unit on the R- 2 lot for 50 units. The approval request is for a project with 56 units. The redevelopment code allows people to take an old building and rebuild on that lot at the same height and density with the same setbacks and provisons. The developer is trying to take a redevelopment application, grandfather the density, and then transfer it across Gulf Blvd. aggregated onto a site that is already non-conforming, and create a PD monstrosity that is multiple times the allowable density of that property under the guise of a redevelopment plan. That is not legal, and it is not what the code provides. The applicant wants to come in on a concept plan, enter into the development agreement, and approve all that later, but the redevelopment ordinance said they must have a complete site plan at the time of doing that. In July, he had pointed out that they did not require the applicant to complete the site plan in the PD process, and they still do not have plans showing the landscaping. All the non-conformities and the failure to comply with the City's code continue. They could not verify the FAR calculations because three through seven floors first show up tonight and they still have not seen a copy of it. The City's code is being misread. The code says that additional stories above the limitations of the underlying conventional or PD zoning district at the time the application for PD is officially sufficient may be considered in light of voluntary provision of civic or community enhancements. The provision for additional stories is to get you above what the underlying zoning on the property was before. The code also says PD development must at a maximum be designed to reflect the average intensity, height, and massing of the development pattern on surrounding property of similar zoning and use. The staff says the additional stories provision allows them to put additional stories above the average of what the surrounding properties are for civic or community enhancements. That is what they brought to the Commission. Ms. Portal just told them that they are looking at it as a process, meaning there is no maximum under the interpretation given by City staff and the applicant. Yet, the code says the additional stories can be considered above what the underlying zoning was but at a maximum must. A maximum does not mean there is no maximum. They need to consider the evidence. What did they bring as averages? It is not in any of the application packets and not in any of the submittals prior to all the staff recommendations and votes were taken telling them the property was compliant. For the first time tonight, is a compilation of photographs that they say support the average height, but it does not say anything about zoning or use of them. They would be creating an area of the City where everything is low density in one 105-foot building and then back to the low density. That is not what the maximum in the PD zoning code is February 9, 2022, BOC Regular Meeting Page 14 of27 supposed to do. They are trying to get more density than what is allowed on the parcels. There are still disagreements with the FAR calculations but more intense use of the parcels than what was permitted in the underlying zoning, more density, more height, the setbacks on the property are egregious and they are no where near the setbacks of the underlying zoning, or the setbacks required in the code. On the eastern lot, there is a five-foot setback on Gulf Blvd. However, well- intentioned, it is still the burden of the applicant to bring a project to the Commission they can approve that is legal. The Commission has an obligation to make sure that not only does it meet the requirements of the code but also that is compatible with the surrounding area, which it is not under any view. The redevelopment sleight of hand to get 31 units out of a property that is only 27, and to get three units out of a property that is only one, and then not even build those in accordance with the City's redevelopment code. But to try to transfer those as if they are mobile entitlements is completely illegal, along with the density, height, and setbacks that are illegal, and they do not have a complete application. He asked that they vote the project down. Attorney Cole closing comments Attorney Cole said despite all the lawsuits, development continues in Madeira Beach. The Commission and the staff diligently review the code and applications submitted. Ms. Rowan had testified that she had no less than six meetings between November and now with the applicant and the architect reviewing specific criteria and numbers to ensure that what they were testifying to in their staff report met the criteria and expectations. The code outlines opportunities, the comprehensive plan gives the framework, the goals, policies, and objectives that the Commission has set forth as part of the community to follow. In the comprehensive plan it discusses moving tourist activities to the west of Gulf Blvd. In intensifying development, the single-family neighborhoods are retained to the east of Gulf Blvd. The City amended its planned development code recently to be very specific about what was expected of the applicants. The application meets those criterias. The staff has reviewed each of the criteria and presented the evidence as has the applicant. The criteria do not include whether somebody likes or dislikes the project, and it certainly does not include whether it is simply too high. The code that Mr. Weber said not only talks about the underlying zoning district for height, but he conveniently left out the words 'or the planned development' in PD, which is what it is. It says that you have the ability to increase the height over what otherwise would be permitted based on the public benefit that is offered. It is a project that had no retail on the first floor. To support additional height, the staff required them to offer a public benefit: first floor retail, parking that is publicly accessible, the landscaping on 104th and 146th , the sidewalks, and the coordination with FDOT. Those are all public benefits that have been presented and being considered. They are objective criteria regarding the proposed use in the designs and the applicant has shown that its request is consistent with the plan and has complied procedurally. In Section 2-10 of the City's code, quasi-judicial talks about rezoning, and once the applicant has established that it has met the criteria the opponent has to show that retaining the existing zoning accomplishes a legitimate public purpose. Based on that is the legitimate public purpose that the zoning on the west side of Gulf Blvd. is appropriate, limiting the redevelopment opportunities that might be there, or rather looking at the goals, objectives, and policies of the comprehensive plan and how to encourage the tourist activity while retaining the single-family home and residential neighborhood. They have weighed the evidence and the staff analysis that has been significant. She has personally been involved in no less than four meetings with staff and knows that many more have been absent in her attendance. February 9, 2022, BOC Regular Meeting Page 15 of27 The Planning Commission and the Commission have weighed the evidence, and all unanimously determined that the application meets the criteria and meets the comprehensive plan's goals, policies, and objectives. They would respectfully request that the Commission maintain its support and approval of the application and allow the planned development to proceed consistent with the City's code and the opportunities that are presented therein. The City Attorney said it is back to the Commission for a motion and consideration of the application. Mayor Hendricks asked if there was a motion on Ordinance 2022-01. Vice Mayor Price motioned to approve Ordinance 2022-01, the PD rezoning of the proposed Schooner development project. Commissioner Hodges seconded the motion. Vice Mayor Price explained why she made the motion. She said there is a lot of misinformation out there about how they develop property in the town, and a lot of them are being accused of making illegal decisions. If a commercial property in Madeira Beach is in one of the main corridors, there are three options if wanting to develop it: 1. A building can be constructed within the side setbacks and the height, and it can be the ugliest building in the world, and the City cannot do anything about it because of being within the code. There is no oversight by anyone. 2. A larger building can be built a little wider or taller and ask for a variance. A magistrate would go forward and make the decision. About eight criteria would have to be met, which is very difficult to do. There is no oversight by anyone, and only the City's Community Development Department would be involved in that. 3. Go through the PD, planned development process. It allows a building to be built a little wider and taller, and it is assessed by almost everybody, including City staff multiple times and the Planning Commission who gives a recommendation to Board of Commissioners, who also looks through it a lot. Using the PD ordinance, you individually look at how the property is going to be developed, such as the location, lot size, proposed use, and similar buildings. Part of the process is to determine if there is the infrastructure to support the project, and if it is not, the developer must put it in. The Vice Mayor said she liked the PD process for this project because everyone is involved, the citizens, the Planning Commission, City staff, and the Board of Commissioners. They get creativity and can be a little dramatic. The City gets to negotiate with the developers to get benefits to the City. The owner gave them a lot to use for green space or develop into a park. They must re-mill and resurface 144th and 145 th Avenue, put in new sidewalks, do their own utilities undergrounding, increase the landscaping over and above what is required. They are required to build a row of retail spaces across the street from the hotel, which will make Gulf Blvd. its walkability factor. Instead of walking by an empty lot, they will walk by storefronts and have additional parking. She has seen the plans and the pictures, and the Schooner Hotel February 9, 2022, BOC Regular Meeting Page 16 of27 is no taller than Madeira Bay, which is in her neighborhood. They live on the beach, and tourism is extremely important. The identity is with some tourism; they get income and taxes from the project. It also cleans up the crazy system where 17 cars are pulling out backward onto Gulf Blvd. They try getting in and out of the Schooner because their parking lot is poorly designed. All that will be taken care of. There are no changes from the last time they approved it unanimously. The Planning Commission approved it unanimously and recommended the Board of Commissioners vote for it. It meets all the criteria and she trusts their community planning people, who are all volunteers, to get it right, and they have worked hard on it. For someone to say what they are doing is illegal is a conclusion that someone made, which is not correct. She would not have made the motion if she did not think it was right for Madeira Beach. Commissioner Hutson asked if they could ask questions. The City Attorney said they were done at that point unless they wanted to open the hearing again for additional testimony and cross-examination by all the parties and so forth. He would advise against that. If they did it, Ms. Cole would be able to cross-examine Mr. Weber as well. Commissioner Hutson passed on doing that. Commissioner Hodges said she knew the people, and they have done fantastic work in the City. She did not think they would do anything to hurt the City or damage the City in any way. What they are doing is benefiting the City, and she favors it. Mayor Hendricks said Madeira Beach has some of the lowest ad valorem taxes in the county. If you like keeping them low, then new forms of revenue must be generated. There are a lot of infrastructures to replace in the City, so to prevent the ad valorem taxes from increasing, they must fight for things that will move the City forward. He likes his taxes being low. The City needs to generate revenue, and it does not matter the height of the building. No one can see over the building, whether one story or seven stories. A lot of changes have been made, and they have a beautiful concept drawing. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. E. Development Agreement - JJB Property Holdings, LLC and Selenski Rentals, LLC - Community Development. City Attorney Tom Trask said it was a legislative hearing, and the public will have an opportunity to speak. February 9, 2022, BOC Regular Meeting Page 17 of27 Jenny Rowan, Senior Planner, gave a PowerPoint presentation on the Schooner Development Agreement that included a google map reflecting the location, the lots involved in the Development Agreement, the City's code definition of a Development Agreement, Section 86- 145 and F.S. 163.3227 showing the conditions that must be met and included in the Development Agreement, which she read. The conditions are set forth in the Planned Development Rezoning Ordinance 2022-01. Staff recommends approval of the development including Exhibits A through C, associated with the Schooner project, and change the language in Recital S (15) on page 4 in line 8 of the Development from "non hotel guests will have to access the restaurant of the hotel" to "non hotel guests will have access to the restaurant of the hotel." The same language shows up in line 3 on page 43 of the development agreement and within the restrictive covenant. Vice Mayor Price said it puts in writing all the developer's requirements, which is more than what she listed. She is satisfied. The City Attorney said they must open it to the public before completing the discussion to consider what they have to say as well. Mayor Hendricks opened to public comment. Timothy Weber, with Weber, Crabb & Wein, 5453 Central Avenue, St. Petersburg, on behalf of Michael Burke, said the Development Agreement solidifies and codifies an agreement with the developer, the concept that they are not approving for their site as part of the PD rezoning. It is being left to be decided by staff and others later, which is the primary issue as far as the Development Agreement is concerned. It is the delegation of the Commission's authority and responsibility to others by entering into the agreement. For that reason, they think it is not compliant with the City's code. Katie Cole, Law firm of Hill Ward Henderson, representing the applicant, said Ms. Rowan went through each one of the criteria and provisions in the agreement that specifically articulate how it fuses and synthesizes. The applications and the approval of the PD provide the City and the public the extra conditions through the deed restrictions the Commission would seek. Following up on Mr. Weber's statement regarding site plan approval, a major site plan approval is articulated in the City's code, and the process is clear as to who approves that, the Planning Commission. From that standpoint, they are not looking to do something improper or obviate a process. It is a matter of providing additional protection to the City and its citizens. They respectfully request approval from the Board. Commissioner Hutson asked if they could put some of the City's important conditions into the alcohol license and things like that so they would have some type of recourse if there were a disagreement. Mayor Hendricks said that might be a year or two down the road, but they could look at that when it comes across. Mayor Hendricks asked if there was a motion. February 9, 2022, BOC Regular Meeting Page 18 of27 Vice Mayor Price motioned to approve the Development Agreement between the City and JJB Property Holding, LLC and Selenski Rentals, LLC with the two typos, "guests will have access to" instead of "guests will have to access." Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES Commissioner Hodges "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. A. Ordinance 2022-02, Amendment to Chapter 94, Floodplain Management, to regulate Manufactured Homes and Recreational Vehicles - 2 nd Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance 2022-02 by title only: 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. Director Portal explained that the purpose of the proposed ordinance is to comply with FEMA expectations of state law. The proposed amendment to Chapter 94 will not allow manufactured homes or occupied recreational vehicles in flood hazard areas. The City's code does not currently allow manufactured homes or occupied recreational vehicles in the floodplain. However, the state and the federal authorities would like that spelled out specifically, so the amendments solidify the current practice and assure the City's code is in good standing with the Florida Statutes, the National Flood Insurance Program, and the Community Rating Service Program. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance 2022-02, after the second reading and public hearing. Vice Mayor Price seconded the motion. February 9, 2022, BOC Regular Meeting Page 19 of27 ROLL CALL: Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Ordinance 2022-03, Comprehensive Plan Text Amendment, Activity Center - 2 nd 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. Director Portal said there had been no change since the first reading. The purpose is to create a category consistent with the county rule to allow them to apply an activity center in areas deemed appropriate through the land use process. There is no specific property or location associated with the text change. It merely brings them more into compliance with the county rule and gives more flexibility in land use decisions. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance 2022-03, after the second reading and public hearing. Commissioner Hutson seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. February 9, 2022, BOC Regular Meeting Page 20 of27 C. Ordinance 2022-04, Speed Limits - 1st Reading & Public Hearing - City Manager City Attorney Tom Trask Read Ordinance 2022-04 by title only: ORDINANCE 2022-04 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 66-34 TO INCLUDE SPEED LIMIT DESIGNATION FORS. BAYSHORE DRIVE BETWEEN 140TH AVENUE EAST AND ISLAND DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. City Manager Robin Gomez said that as discussed in the workshop, a four-way stop on 140th and N. and S. Bayshore created traffic utilizing S. Bay Shore between 140th and Island Drive, making it essentially a cut-through street. The traffic study did not show a speeding problem but provided some basis that reducing the speed limit would make the street safer for vehicles and pedestrians. That is the purpose of the recommended ordinance. From the information received, nearly all supported reducing the speed limit and adding traffic control devices, either speed humps or speed tables. Staff recommends looking at a citywide traffic control considering various neighborhoods to determine the need for traffic control devices. They would utilize the economies of scale to budget for that and get the best pricing properly. They recommend reducing the speed limit on S. Bayshore between 140th and Island Drive in the interim. The 264 vehicles that were tracked using a speed detecting device did not show any significant issues, although the average speed was just over the posted 25 mph. speed limit, but lowering the speed limit would make the residents more at ease. The Pinellas County Sheriffs Office have some directed patrols of the area. They did not issue any speeding citations but did for running the stop sign. The directed patrols will continue at least through next week, and they may extend it through the rest of the month. The City Manager responded to questions and comments by the Board. Mayor Hendricks opened to public comments. Bill Julian, 407 S. Bayshore Drive, thanked the Board for addressing the issue. He said it was not a convenience issue but a public safety issue. He would like the Board to consider moving the stop sign farther away from the crossroad to be more visible and to install speed tables or speed bumps. Greg Kasel, 408 S. Bayshore Drive, said the data collected was during a holiday week and not a workweek and, therefore, does not reflect the actual problems. Julie Whooz, 408 S. Bayshore Drive, said it is a community safety issue, and the data collected does not show the normal flow of traffic. She encouraged the installation of speed bumps and enforcement to reduce speed. February 9, 2022, BOC Regular Meeting Page 21 of27 Commissioner Hutson motioned to approve Ordinance 2022-04, after first reading and public hearing. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. 10. UNFINISHED BUSINESS A. Resolution 2022-02, Parking Fee Commitment - Excludes Archibald Parking Meters -Andrew Laflin, Financial Consultant City Attorney Tom Trask read Resolution 2022-02 by title only: RESOLUTION 2022-02 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, OTHER THAN THOSE FROM ARCHIBALD PARK PARKING METERS, TO BE USED EXCLUSIVELY AS A FUNDING MECHANISM FOR THE DESIGN AND CONSTRUCTION OF A PARKING GARAGE FACILITY WITHIN ONE- HALF MILE OF JOHN'S PASS VILLAGE; REPEALING RESOLUTION 2022-01; AND PROVIDING FOR AN EFFECTIVE DATE Financial Consultant Andrew Laflin explained the purpose of the proposed resolution and responded to the Board's questions. Mayor Hendricks questioned where the funds were coming from for the cleaning and sanitation of the Archibald restrooms. Director Wepfer said the Snack Shack reimburses the City for the cost of cleaning services per their contract. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price made a motion to approve Resolution 2022-02, parking fee commitment which excludes Archibald parking meters from the $.50 increase. Commissioner Hodges seconded the motion. February 9, 2022, BOC Regular Meeting Page 22 of 27 ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. 11. CONTRACTS/AGREEMENTS A. FOOT Grant Approval, Roadway Improvement 50% Match Grant Approval - Public Works Department Public Works Director Megan Wepfer said the FOOT grant is funded 67% by the state and 33% by the City. The grant will go towards Area 3. They are currently working on a design with Pinellas County to replace water and sewer lines. She will bring the designs when they move forward. She responded to questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve the state-funded grant agreement for a maximum amount of $549,400 for Area 3 roadway and infrastructure improvements. Commissioner Hutson seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Watershed Management Plan -Public Works Department Public Works Director Megan Wepfer reviewed the item. The grant from SWFWMD is 50% funded. The last update to the Stormwater Master Plan was in 2013. Commissioner Hutson asked about the completion date. February 9, 2022, BOC Regular Meeting Page 23 of27 Justin Kelly, with Advanced Engineering, said they are looking at about 24 to 36 months for completion. There are three main deliverables for the project, which will be phased in and submitted. Director Wepfer responded to questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve the watershed management plan grant funding. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Undergrounding Task 1 Approval - Public Works Department Public Works Director Megan Wepfer said Task 1 is to finish Gulf Blvd. from 144th to Johns Pass Bridge which includes the coordination, design, planning and construction phase. They will come back with Task 2 when ready to move forward with that. She is still waiting on Duke Energy to finish the binding costs and they did the walkthrough last week, so they should have more information and more numbers. Mayor Hendricks inquired about Task 2 and a time frame. Director Wepfer said that will be the bidding and actual construction and they should know the timeframe when they get the information back from Duke Energy. Vice Mayor Price said she thought they were using the same company doing the work through all the towns. Director Wepfer said they are using the utility contractors that recently presented to the Board. They are further ahead than the Redington's because they already did the binding cost estimate with Duke Energy and they have not, so Madeira Beach will get done first. The project will be paid for using Penny for Pinellas money. Mayor Hendricks asked they hear about the timeline when received. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to approve Phase 1, Undergrounding Task 1 Scope of Services for Utility Consultants of Florida, LLC to do the work for $99,670.00. Commissioner Hodges seconded the motion. February 9, 2022, BOC Regular Meeting Page 24 of27 ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. D. Approval to use budgeted money to purchase sanitation vehicles and equipment - Public Works Department Public Works Director Megan Wepfer said the item is the same as discussed at the workshop but omitted the dump truck because she is awaiting quotes. With the Boards approval, she will proceed with the new box for the claw truck, the 6-yard easy dumps, and the purchase of two F- 250s. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve using budgeted money to purchase sanitation vehicles and equipment. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 12. NEW BUSINESS A. Firehouse Subs Grant Acceptance, Extrication Tools - Fire Department Raul Perez, with the City of Madeira Beach Fire Department, explained the item. The Firehouse Subs Public Safety Foundation Board of Directors awarded the Fire Department $35,300 to purchase new extrication tools for the new ladder truck. The tools will allow them to gain access to patients involved in motor vehicle crashes with patient entrapment. The Firehouse Subs fund 600 grants a year, and they were fortunate to be one of the recipients. It is a 100% funded grant. He responded to questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. February 9, 2022, BOC Regular Meeting Page 25 of27 Commissioner Hutson motioned to accept the Firehouse Subs Public Safety Grant for $35,300 to purchase Hurst extrication tools. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 13. STAFF REPORTS A. City Manager's Report - January 2022 City Manager Robin Gomez reported on the January 2022 City Manager's Report and responded to questions and comments by the Board. Megan Wepfer reported about the new Mobi Mat the City of Madeira Beach is getting. 14. AGENDA SETTING - February 23, 2022, BOC Regular Workshop Meeting A. Question and Answer Session - Referendum and Charter amendments on the March 15, 2022 Municipal Election Ballot - City Clerk B. Presentation - Key to the City for Archibald Family - Mayor Hendricks C. Veterans Boat Parade Contract D. Discussion of Award of Landscape Services RFP Items added to the workshop meeting agenda: • New performance evaluation forms for Charter Officers - Vice Mayor Price • Condo/Hotel safety inspection guidelines - Commissioner Hutson • Speed bumps on South Bayshore - City Manager Commissioner Hutson asked about the traffic study by Johns Pass during spring break. The City Manager said it has started and the Sheriff's trailer has been there for a week. They would like it to stay for another 3 weeks. He will be reaching out to FDOT to place a traffic counter there as well. Mayor Hendricks requested the City Manager to talk to road construction contractors and have them schedule their work to be done at night or off season so they do not close a lane of traffic during the height of tourist season. February 9, 2022, BOC Regular Meeting Page 26 of27 14. REPORTS/CORRESPONDENCE A. Board of Commissioners B. City Attorney City Attorney Tom Trask announced a shade meeting to be held and asked for a special meeting for that meeting on Wednesday, March 9, 2022, at 4:00 p.m. The Board consented to the date and time requested for the special meeting. C. City Manager D. City Clerk The City Clerk said someone from the Pinellas County Supervisor of Elections Office informed her that they consolidated the two polling places for the Madeira Beach March 15, 2022 Municipal Election. They will do that only for the Municipal Elections. The City Clerk announced that the Tampa Bay Beaches Chamber of Commerce is holding a Candidate's Forum in the Commission Chamber at 5:30 on February 10, 2022 in the Commission Chamber. 15. ADJOURNMENT Mayor Hendricks adjourned the meeting at 9:41 p.m. ATTEST: February 9, 2022, BOC Regular Meeting Page 27 of27

Agenda

City of Madeira Beach Agenda BOC Regular Meeting Wednesday, February 9, 2022 @ 6:00 PM Commission Chambers The Board of Commissioners of the City of Madeira Beach, Florida will meet in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida to discuss the agenda items of City Business listed at the time indicated below. Meetings will be televised on Spectrum Channel 640 and YouTube Streamed on the City’s Website. Page 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Nancy Hodges 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. MARCH 15, 2022 MUNCIPAL ELECTION BALLOT - REFERENDUM & CHARTER AMENDMENTS A. Question & Answer Session - Referendum and Charter Amendments on 6 - 10 the March 15, 2022 Municipal Election Ballot - Board of Commissioners/City Clerk ENGLISH-Notice of March 15, 2022 Municipal Election SPANISH-Notice of March 15, 2022 Municipal Election 6. PROCLAMATIONS/PRESENTATIONS 6.1. PROCLAMATIONS - MAYOR/CITY CLERK 6.2. PRESENTATIONS (limited to 10 minutes each) A. Firefighter of the Year, Firefighter/Paramedic Erick Ubiles - Fire 11 - 13 Department Memo - FF of the Year - Ubiles FF of the Year 2022 Attachment B. Introduction of Community Risk Reduction Program - Fire 14 - 15 Department Memo - Community Risk Reduction Presentation C. Certificate of Completion to Mayor John B. Hendricks for the 16 completion of the 2021 Institute for Elected Municipal Officials II (IEMO II) held in November 12-13, 2021 in Tampa, Florida IEMO II Certificate of Completion - Mayor John B. Hendricks D. GFOA's Certificate of Achievement for Excellence in Financial 17 - 18 Reporting Announcement of Award Press Release E. Automated Drystack Feasibility by Founders 3 Real Estate Services 19 - 57 01.28.22-Madeira Beach Presentation_F Marina Parcel breakdown 7. PUBLIC COMMENT Public participation is encouraged. If you are addressing the Commission, step to the podium and state your name and address for the record. Please limit your comments to three (3) minutes and do not include any topic that is on the agenda. Public comment on agenda items will be allowed when they come up. For any quasi judicial public hearings that might be on the agenda, an affected person may become a party to a quasi judicial proceeding and can be entitled to present evidence at the hearing including the sworn testimony of witnesses and relevant exhibits and other documentary evidence and to cross-examine all witnesses by filing a notice of intent to be a party with the city clerk not less than five days prior to the hearing. 8. CONSENT AGENDA Any member of the Board of Commissioners can ask to pull a consent item for separate discussion and vote. A. Approval of Minutes: 58 - 86 2022-01-12, BOC Regular Meeting Minutes 2022-01-26, BOC Regular Workshop Meeting Minutes 9. PUBLIC HEARINGS A. Ordinance 2022-02, Amendment to Chapter 94, Floodplain Management, 87 - 90 to regulate Manufactured Homes and Recreational Vehicles - 2nd Reading & Public Hearing - Community Development Department Memo - Ord 2022-02 MH RV Ord 2022-02 MHRV B. Ordinance 2022-03, Comprehensive Plan Text Amendment, Activity 91 - 97 Center - 2nd Reading & Public Hearing - Community Development Department Memo - Ord 2022-03 Comp Plan Ord 2022-03 Comp Plan Amendment C. Ordinance 2022-04, Speed Limits - 1st Reading & Public Hearing - City 98 - 106 Manager Memo - S Bayshore Speed Designation - Ordinance 2022-04 Ord 2022-04 (Speed Limits) 441 S Bayshore Drive - Madeira Beach - Enforcement Evaluation 441 S Bayshore Drive - Madeira Beach - Speed Data Analysis S Bayshore Traffic Survey 1-28-22 RG Request to S Bayshore residents - Property Owners Traffic Control 1-7- 2022 D. Ordinance 2022-01, PD Rezone of Proposed Schooner Development - 2nd 107 - 234 Reading & Public Hearing - Community Development Department Staff Report - Ord 2022-01, Schooner Rezone Ord 2022-01, Schooner Rezone Notice_Newspaper Affidavit BOC_Posting_Affidavit_Posting_Pictures_Rezoning_2nd_Reading_Schooner Rezoning Application - Final with no preservation Intensity Density Averaging_App and Report Composite Traffic Assessment 11-2-21 Transcript of Neighborhood Meeting Concept Plans E. Development Agreement - JJB Property Holdings, LLC and Selenski 235 - 282 Rentals, LLC - Community Development Department Staff Report_Schooner Memo DA BOC Schooner Development Agreement_Final for BOC Advertisement Affidavit 10. UNFINISHED BUSINESS A. Resolution 2022-02, Parking Fee Commitment - Excludes Archibald 283 - 285 Parking Meters Memo - Parking Fee Resolution 2022-02 Res 2022-02, Parking Fee Commitment - Less Archibald 11. CONTRACTS/AGREEMENTS A. FDOT Grant Approval, Roadway Improvement 50% Match Grant 286 - 309 Approval - Public Works Department Memo - State Funded Grant Approval 449181 1 SFGA Earmark Agreement B. Watershed Management Plan - Public Works Department 310 - 332 Memo - Watershed Management Plan SWFWMD_Agreement MB_WMP_Scope FundingLtr - Signed RankingLtr - Signed C. Undergrounding Task 1 Approval - Public Works Department 333 - 334 Memo - Undergrounding - Phase I UCoF Task Order 1 D. Approval to use budgeted money to purchase sanitation vehicles and 335 - 350 equipment - Public Works Department Memo - Sanitation Vehicle Discussion Approval Enterprise_Fleet_Management_Purchase_Option_B (1) Enterprise_Fleet_Management_Purchase_Option_B Madeira Beach ParKan 6 yd Jan 2022 quote 1 Madeira Beach ParKan 6 yd Jan 2022 quote 2 Par-Kan quote Petersen Industries quote 12. NEW BUSINESS A. Firehouse Subs Grant Acceptance, Extrication Tools - Fire Department 351 - 354 Memo - 2.9..22 Firehouse Subs Grant - Extrication Tools Back up docs 13. STAFF REPORTS A. City Manager's January 2022 Report 355 - 371 01-2022 City Manager's Report January 2022 14. AGENDA SETTING February 23, 2022, BOC Regular Workshop Meeting A. Question & Answer Session - Referendum and Charter Amendments on the March 15, 2022 Municipal Election Ballot - City Clerk B. Presentation - Key to the City for Archibald Family - Mayor Hendricks C. Veterans Boat Parade Contract D. Discussion of Award of Landscape Services RFP 15. REPORTS/CORRESPONDANCE A. Board of Commissioners B. City Attorney C. City Manager D. City Clerk 16. ADJOURNMENT One or more Elected or Appointed Officials may be in attendance. Any person who decides to appeal any decision of the Board of Commissioners with respect to any matter considered at this meeting will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The law does not require the minutes to be transcribed verbatim; therefore, the applicant must make the necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. In accordance with the Americans with Disability Act and F.S. 286.26; any person with a disability requiring reasonable accommodation to participate in this meeting should call the City Clerk at 727-391-9951, ext. 231 or 223 or fax a written request to 727-399-1131

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