Board of Commissioners Regular Meeting (Meeting Video in 2 parts)

MIN UT ES BOARD OF COMMISS ION ERS REGULAR MEETI NG J ULY 14, 2021 6:00 p.m . A regular meeting of the City of Madeira Beach Boa rd or Commissioners was held at 6:00 p.m. on July 14. 202 1. in the Patricia Shontz Commi ss ion Chambers at City Ha ll , located at 300 Mun icipal Dri ve. Madeira Beach. Florida. MEMB ERS PRESENT: John B. Hendricks. Mayor Helen '' I lappy"' Price. Vi ce Mayor/Commissioner District I Nancy Hodges. Commi ssioner District 2 Doug Andrews. Commissioner District 3 Dave Hutson. Comm issioner District 4 CITY STAFF PRES ENT: Robert Daniels. City Manager Clara VanBlargan. City C lerk Thomas Trask. City Attorney 1. CALL TO ORDER Mayor Hendricks ca lled the meeting lo order at 6:00 p.m. 2. INVOCATION AN D PLEDGE OF ALLEG IANCE Commissioner Hodges gave the Invocati on and led the Pledge of Allegiance. 3. ROLLCA LL City Clerk Clara YanB largan ca lled the ro ll. 4. APPROVAL OF TH E AGENDA Commiss ioner Andrews asked that Agenda Item I I .C. be move to under Presentations. Commi ssioner And rews motioned to approve the Agenda with the moving of" Agenda Item 11 .C., Donation to Youth Baseball and So ftball program lo Presentations. Commissioner Hodges seconded the motion. ROLL CA LL: Comm iss ioner Andrews "YES" July 14. 202 1. BOC Regular Meetin g Page 1 of 14  Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS 5.1. PROCLAMATIONS - MAYOR/CITY CLERK 5.2. PRESENTATIONS (limited to 10 minutes each) A. Certificate of Completion: Florida League of Cities - Institute for Elected Municipal Officials (IEMO) in Tampa, FL on May 7-9, 2021 City Manager Robert Daniels presented a Certificate of Completion to Mayor Hendricks, Vice Mayor Price, and Commissioner Hutson for attending the Institute for Elected Municipal Officials (IEMO) in Tampa, FL, on May 7-9, 2021. City Clerk Clara VanBlargan thanked them for attending the Institute. B. Donation to Youth Baseball and Softball program - Commissioner Andrews Commissioner Andrews complemented the Madeira Beach Youth Baseball and Softball Leagues on what they are doing and that they will be going to the world series again. He recommended a donation to the association for their upcoming trip there. A representative of the Madeira Beach Youth Baseball and Softball Program said they looked forward to going to the world series again and thanked the City for its past donations and support. They looked forward to future endeavors with the City. Mayor Henricks complimented the group for what they do and said he did not mind donating to them. He thanked Commissioner Andrews for bringing it forward. Commissioner Andrews presented a check donation to the Madeira Beach Youth Baseball and Softball Association from his store. Others that donated were Bill Karns, on behalf of ROC Park; Jeff Beggins, a developer in the City; and a person from Caddys. Commissioner Andrews motioned to donate $10,000 to the Madeira Beach Youth Baseball and Softball Association for their world series trip. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" July 14, 2021, BOC Regular Meeting Page 2 of 14  Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 6. PUBLIC COMMENT Mayor Hendricks opened to public comment: Robert Preston, 425 S. Bayshore Drive, complemented the City Manager for hiring Megan Wepfer as the new Public Works Director and thanked City staff, the City Manager, Commissioner Hutson, and the Mayor for filling sandbags during the recent hurricane. He commented on the red tide and urged the Board to pass an ordinance banning pesticides and fertilizers immediately because it feeds the red tide making it worse. Ray Kerr, 583 John's Pass A venue, asked that the mobility ordinance be revisited and put on an upcoming agenda for discussion. Travis Palledeno thanked the City Manager for hiring Megan Wepfer as the new Public Works Director. He said the City should put something out about her being the first female Public Works Director at the City. 7. CONSENT AGENDA A. Approval of Minutes: • 2021-05-26, BOC Regular Workshop Meeting Minutes • 2021-06-02, BOC Budget Workshop Meeting Minutes • 2021-06-08, BOC Special Meeting Minutes Commissioner Andrews motioned to approve the Consent Agenda as written. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. PUBLIC HEARINGS A. Ordinance No. 2021-06, Amendment to Floodplain Management Code- is• Reading July 14, 2021, BOC Regular Meeting Page 3 of 14  & Public Hearing- Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-06 by title only: ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 94 FLOODPLAIN MANAGEMENT TO AMEND SEC. 94-22 - BASIS FOR ESTABLISHING FLOOD HAZARD AREAS; SEC 94-42 - BUILDINGS, STRUCTURES AND FACILITIES EXEMPT FROM THE FLORIDA BUILDING CODE, TO ADDRESS EMERGENCY HOUSING AND AGRICULTURAL AREAS ADDRESSED IN STATE CODES; SEC. 94-43(5)-APPLICATION FOR A PERMIT OR APPROVAL, ESTABLISHING A COST ESTIMATING SOURCE; SEC. 94-50(1) - INFORMATION FOR DEVELOPMENT IN FLOOD HAZARD AREAS, ESTABLISHING 4 FEET OF FREEBOARD; SEC. 94-50(4) DEFINING THE PURPOSE OF FILL; SEC. 94-70 - GENERAL, ADDRESSING SPECIAL MAGISTRATE REQUESTS FOR APPEALS AND VARIANCES; SEC 94-93 - DEFINITIONS, ADDING ACCESSORY STRUCTURE, AMENDING FLORIDA BUILDING CODE SECTION IDENTIFICATION, ADDING COAST AL A ZONE, AMENDING FREEBOARD STANDARD, DEFINING LIMIT OF MADERATE WAVE ACTION, AMENDING MARKET VALUE, ADDING NONCONVERSION AGREEMENT; SEC. 94-102 AT-GRADE ACCESSORY STRUCTURES, DEFINING CONDITIONS OF USE PLACEMENT AND CONSTRUCTION; SEC 94-110 - MINIMUM REQUIREMENTS, ADDRESSING DRAINAGE IN SPECIAL FLOOD HAZARD AREAS; SEC 94-111 - SUBDIVISION PLATS, REQUIRING 4 FEET OF FREEBOARD; SEC 94-120- MINIMUM REQUIREMENTS, INCLUDING ALL SPECIAL FLOOD HAZARD AREAS; SEC 94-121 - SANITARY SEWAGE FACILTIES, TO REFLECT UPDATED FLORIDA ADMINISTRATIVE CODE STANDARDS AND CITATIONS; SEC 94-123 - LIMITATIONS ON PLACEMENT OF FILL, CLARIFYING STANDARDS FOR THE USE OF STRUCTURAL FILL; SEC 94-124 - LIMITATION ON SITE IN COASTAL HIGH HAZARD AREAS (ZONE V), ADDING COASTAL A ZONES; SEC. 94-130, PROHIBITING SEPTIC TANKS IN FLOOD HAZARD AREAS; SEC. 94- 131 EXTENDING PROHIBITION OF ABOVE GROUND TANKS TO COASTAL A ZONES; SEC 94-141- CONCRETE SLABS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; SEC 94-142 - DECKS AND PATIOS IN COASTAL HIGH HAZARD AREAS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; SEC 94-143 - OTHER DEVELOPMENT IN COASTAL HIGH HAZARD AREAS, EXTENDING V ZONE STANDARDS TO APPLY TO COAST AL A ZONES; AND SEC. 94-144 - NONSTRUCTURAL FILL IN COASTAL HIGH HAZARD AREAS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; PROVIDING FOR APPLICABILITY; July 14, 2021, BOC Regular Meeting Page 4 of 14  PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item. She said for the City of Madeira Beach to participate in the National Flood Insurance Program, they are obligated to implement measures to update local regulation of floodplains and support the Federal Emergency Agency Mapping program. The City regularly considers additional updates to its regulations to address changing environmental conditions, safety, and insurance costs issues. She reviewed the proposed changes to the regulations in the ordinance, which included a 50% rule that she explained in detail and said the deadline for adopting the ordinance is August 24, 2021. Mayor Hendricks said it would not be fair to tell a homeowner they must tear down their home because of the 50% rule. He does not know if there is a way around it to consider that. Director Portal explained that it was becoming more difficult to work with FEMA. They demand more information from them every year and more stringent reviews. She had asked FEMA what would happen if someone got a 50% value in one year and a second storm occurred within the same year, and there was substantial damage. Their response was, "Too bad!" There is no exception and no sympathy from them when dealing with those situations. Mayor Hendricks opened to public comment. There were no public comments. Ray Kerr, 583 John's Pass A venue, suggested some changes to the proposed language in the ordinance to make the instructions much clearer to the homeowner. If they are going to invest a lot of money into a new home, there should be fewer restrictions on making the garage level better. Noah Starcheski, Ulmerton Road, said the National F1ood Insurance Program had not been talked about, and it is an important program for business owners and people who own a house in Madeira Beach. Director Portal briefly explained the program. Vice Mayor Price motioned to pass Ordinance No. 2021-06, an amendment to the Floodplain Management Code. Commissioner Hutson seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Ordinance 2021-01, PD Zoning for Schooner - 2nd Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance 2021-02 by title only: July 14, 2021, BOC Regular Meeting Page 5 of 14  ORDINANCE 2021-01 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 14500 GULF BOULEVARD (PARCEL 09 31 15 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 3115 05929 000 0060, 09 31 15 05929 000 0070, 09 31 15 05929 000 0080, 09 31 15 05929 000 0090, 09 3115 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 MULTIFAMILY RESIDENTIAL (R-3), RETAIL COMMERCIAL (C-3) AND LOW DENSITY MULTIFAMILY RESIDENTIAL (R-2) TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. City Attorney Tom Trask stated the procedures for the quasi-judicial hearing. He read portions of City Code, including Florida Statute, Section 163.3215 (2), and Renard V. Dade County Case (261 So. 2d 832 ( 1972) to address issues relative to parties and affected parties. He said he had been given several Notices of Intent the City received from June I, 2021, through July 5, 2021. He asked if the people that filed notice were present at the meeting and if they wanted to move forward as an affected party, and if they did, to see if there were any challenges by any other party. The City Attorney called the following names to see if they were present at the meeting: • Edward J. Park, 14401 Gulf Blvd., #302, Madeira Beach - Not present • Ronnie Beckwith, 1440 I Gulf Blvd.,# I 03, Madeira Beach - Not present • William G. Gay, 423 150th Avenue, #1513, Madeira Beach- Not present • Michael Burke, 1440 I Gulf Blvd., #204, Madeira Beach - Not present • Mark Nichols, 1440 I Gulf Blvd., # 104, Madeira Beach - Present and ready to move forward as an affected party • Ron and Marina Dick, 351 144th Avenue, Madeira Beach - Not present • Nancy Briner, 364 144th Avenue, Madeira Beach - Present • Trina and Joe Fard, 375 144th Avenue, Madeira Beach - Present The City Attorney said that leaves three people who have filed a Notice of Intent: • William 0. Gay • Michael Burke July 14, 2021, BOC Regular Meeting Page 6 of 14  • Mark Nichols The City Attorney said they needed to determine whether or not there are any objections by any other party of the three individuals being deemed to be affected parties. If so, he would like them to step forward and make known that objection. The Commission, as a whole, must determine whether or not the objection is going to be sustained. That would be a motion made by the Commission, and be carried by a 3-2 vote. The City Attorney asked if there were any objections by the applicants or anyone else to Mr. William Gay being deemed an affected party. Attorney Shane Costello, Hill Ward Henderson Law Firm, representing the developer on the project, said they do have an objection both to Mr. Gay being an affected party and Mr. Webber representing him in his place as an affected party. Without Mr. Gay being present, he has no opportunity to question him regarding the facts that may support or not support his status as an affected party. The City Attorney asked Attorney Costello what the objection would be other than Mr. Gay and Mr. Burke not being present and if he had any objections to the factual basis to the objections. He would like to hear those before Mr. Webber addressed them. Attorney Costello said with respect to Mr. Burke, his only objection is him being represented by proxy through Mr. Webber. If Mr. Burke were present, he would not have an objection to Mr. Burke. As to Mr. Gay, in addition to having his attorney present by proxy, his objection is that he lives 1.5 miles away from the project. The traffic pattern from his residence does not go past the project. He lives over off 150th near the bridge over the Intracoastal so, he would need to travel west down 150th A venue and then south past the project. He does not think Mr. Gay suffers any special injury, nor does he have a special interest in that particular project that it exceeds in degree or is any different than a concerned citizen in the Madeira Beach community at large. He does not think he meets the factors that Mr. Trask laid out from Florida Statute, Sec. 163.3215 or the Renard factors first standing as an affected party. The City Attorney asked Attorney Webber if he wanted to step forward and provide his reasoning behind his belief that his clients should be deemed affected parties. Attorney Timothy Webber, 5453 Central Avenue, Saint Petersburg, Florida, said he was present on behalf of William Gay and Michael Burke. With reference to Mr. Burke, he resides at 14401 Gulf Blvd., Unit 204. That is the La Coquina Condos. They are entitled to receive notice. He received notice in accordance with the procedures in City Code. The developers indicated they had no objection to him and would agree he had standing were he able to be there in person. He had heard no legal reason why he could not be represented by counsel given the fact he clearly has standing. Because his standing is not contested neither by the developer nor the City, except for any prejudice from him not being there and being able to be cross-examined. He is a party that had a right to notice under the City's code. He received notice and replied. He hired counsel to represent his interest in the proceedings, and there is no legal reason why that could not occur. With respect to Mr. Gay, he agreed to what Mr. Costello said, that he did not meet the criteria for special injury, July 14, 2021, BOC Regular Meeting Page 7 of 14 but he has other objections that relate to notice and things of that nature that would not be required to prove special injury to make those objections. He is going to make very limited objections on his behalf in that regard. He is not present to participate as an affected party, but he will have one or two objections on his behalf that do not require that status in order to raise. The City Attorney asked Mr. Nichols if he had anything to add challenging whether or not he believed the two parties being objected to, Mr. Gay and Mr. Burke, and if he had any position on those. Mr. Nichols said no. The City Attorney said regarding Mr. Gay and Mr. Burke, there would need to be a separate motion for each to allow them to be an affected party or not to be an affected party. Vice Mayor Price motioned that Mr. William Gay is not an affected party. Commissioner Andrews seconded the motion. Vice Mayor Price said the reason for her motion is that it has already been admitted he had no special injury and that he lives a mile and a half away from the property. He may have some objections, which he can use his three minutes to complain about. Mayor Hendricks said going by the City's ordinances, Mr. Gay is not an affected party. He lives too far away, was not notified, and has no right to be claiming an affected party in it. He sees no reason for Mr. Gay to be an affected party. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0; Mr. Gay is not an affected party. Vice Mayor Price motioned to allow Michael Burke to be represented by his attorney as an affected party. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES'' The motion carried 5-0; Mr. Burke is an affected party. July 14, 2021, BOC Regular Meeting Page 8 of 14 The City Attorney said the affected parties are Mr. Burke and Mr. Nichols, in addition to the City and the applicant. The City Attorney explained the procedures to follow going forward and administered the Oath to those present to speak. Mayor Hendricks recessed the meeting at 8: IO p.m. due to technical difficulties with the video sound. The meeting was reconvened at 8: 18 p.m. The City Attorney led each step in the process. City Staff that presented at the hearing • Community Development Director Linda Portal Attorneys that presented at the hearing • Attorney Shane Costello, Hill Ward Henderson Law Firm, representing the developer on the project • Attorney Timothy Webber, 5453 Central Avenue, Saint Petersburg, Florida, representing on behalf of Michael Burke Others for the proposed development that spoke • Robert Pergolizzi, 13825 ICOT Blvd., Clearwater, FL, AICP Certified Planner, Gulf Coast Consulting, transportation planner for the project. His background information document was presented and accepted by the Board as a demonstrative aid. • John Bodziak, 743 49 th Street No, St. Petersburg, FL, Architect for the project. His background information document was presented and accepted by the Board as a demonstrative aid. Affected parties present at the meeting who spoke Mark Nichols, 1440 I Gulf Blvd.,# I 04, Madeira Beach Members of the public not an affective parti that spoke in support or opposition of the project • Theresa Nelson, 410 140th A venue, Madeira Beach • Leslie Smith, 563 Lillian Drive, Madeira Beach • Nicholas[? Last name], protected address • Randy Edgewood, Gulf Blvd .. Madeira Beach • Jordan [? Last name], 146th A venue E. Madeira Beach • Tom Edwards, protected address Persons that submitted an emailed public comment in support or opposition of the project- Names and addresses read into the record by City Attorney Tom Trask • David Greene, 13510 is• Street E, Madeira Beach, FL • Gayle Juedes, 13336 Gulf Blvd.,# 104, Madeira Beach, FL • William Housh, 13336 Gulf Blvd., #494, Madeira Beach, FL • Linda Brooks, 250 137th Avenue Circle, Madeira Beach, FL July 14, 2021, BOC Regular Meeting Page 9 of 14 Summary Presentations • Attorney Shane Costello, Hill Ward Henderson Law Firm, representing the developer on the project • Attorney Timothy Webber, 5453 Central Avenue, Saint Petersburg, Florida, representing on behalf of Michael Burke During the quasi-judicial hearing, the Board asked questions of those that spoke and received responses to their questions. Following completion of the quasi-judicial hearing, the City Attorney read City Code, Sec. 2-13., Deliberation by the Board. He reminded the Board of City Charter, Sec. 4.5, (c), Voting, HA super- majority vote of the four members of the Board of Commissioners for any Planned Development Rezoning or Special Area Plan shall be required for approval.,. The City Attorney said there needed to be a motion made, discussion, and a vote. Vice Mayor Price motioned to approve Ordinance 2021-0 I, PD Zoning for Schooner. Commissioner Hodges seconded the motion. Mayor Hendricks said he needed to trust the City staff who recommended it. When looking at its rendition compared to what is sitting there now, it is a big plus for the City. The Fire Department and Sheriffs Department have responded to many calls to the existing hotel. It is a project that needs to be done and moved forward. Commissioner Hodges said it is a good idea. Her only concern is with the parking. There will always be a parking problem no matter where you go. The people putting it together will put something through. Vice Mayor Price said a lot of things could be answered by looking at the presentation. To follow the law, she does not see where it is really against the law. She understood there was testimony that it is a 12-story building four blocks away. She counted them, and it is like 13-stories, and if you count the things at the top that hold the cell towers, it is like a 17-story building at Ocean Sands, two of them within four blocks. The increase in density of only 14 rooms is not that dramatic compared to what they have there now. The Schooner resort that she is looking at is an improvement from the last time she looked at it. She had harped on the Mediterranean look but she likes the beachy look. It will be a real asset. It certainly replaces the rather run-down or what they call a poorly developed site, and it vastly improves the look of Madeira Beach. She agrees that having to cross the street for parking is not ideal, but they do not have the luxury of huge lots on the beach that can accommodate all that. To allow the project to go to the next step, they are just rezoning the property. They can go to the next step, get approval from the State of Florida for the things they need to do. She commented on items listed in the staff report: I. Land uses within the development shall be appropriate in the proposed location. - It is. It is hotel to hotel. July 14, 2021, BOC Regular Meeting Page 10 of 14  2. Elements shall comply with applicable City plans and planning policies. - City staff testified that it is. 3. Stipulations of approval ofa planned development may include the following. -That is not a requirement. 4. A minimum of a five-foot sidewalk shall be provided. - They worked with the people building the hotel in the past. She thinks they have answered every one of their concerns. She does not know if they must have a finding that there will be a five-foot sidewalk. But, if City Code requires it, she is sure City staff will have them do it. Mayor Hendricks said they should depend on staff. They do not depend on the opinions of the residents. He has certain opinions on things, but those are just opinions. It does not mean they are carved in stone. You can ask 100 people and get 100 different answers. They received as many responses for the development as those against it, maybe more. Going by what is substantial competent evidence, it is a project that he is ready to take a vote on at this point in the process. Commissioner Hutson said he is nervous about the density. They live in Pinellas County, which has the highest density, twice that of other counties in Florida. Madeira Beach is 20% to 22% higher than that. There are enough projects on the board that have not been completed to increase the population by 27%. They only have one major road to handle it all. They must protect the loss of service that is going to happen with all the new construction. He would like to see the hotel to be changed, but that is asking a lot. The Mayor said Madeira Beach will get the traffic if they develop in Treasure Island or Redington Beach because it is how they get off the barrier island. Everything that gets built outside the City, people go there, but it is not Madeira Beach residents causing all that traffic. It is the way getting off barrier island, and those other communities are just as responsible for the City's traffic issues, probably more than Madeira Beach is. Commissioner Hutson said it is 14 units, but they also subtracted parking spots on that side. The Mayor asked if he had seen the parking at the present Schooner. You would have to back out on Gulf Blvd. to get out of a parking spot. It is an accident waiting to happen. Mayor Hendricks said he must support City staff on it. They have done the work. Those other things that were brought up are done by staff and by the Planning Commission, and they will work on it as it goes through. It is just the beginning. Vice Mayor Price said a lot of the questions or factors they are supposed to be looking at are answered, such as the project scale, the size, the color, etc. They have that infonnation. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "NO" Mayor Hendricks "YES" July 14, 2021, BOC Regular Meeting Page 11 of 14  The motion carried 4-1. C. Development Agreement for Schooner Project - Linda Portal, Community Deve!lJpment Director City Attorney Tom Trask said the decision as to whether or not they are going to approve the development agreement is purely legislative. It is not a quasi-judicial hearing, and it will not be treated the same as the previous one. With that background in mind, the agreement was negotiated over a number of months and revised a number of times by City staff: He had an opportunity to review it, comment on it, and made some changes to it. It is believed to be at a state where it is ready to be considered by the Board for approval. Attorney Shane Costello, Hill Ward Henderson Law Firm, representing the developer on the project, said he had spoken with his client. They would like to request a continuance of the consideration of the development agreement. The City Attorney read City Code, Sec. 2-11, Continuances. "A continuance of a quasi-judicial proceeding may be requested by any party at any time prior to the conclusion of the hearing. Such request may be granted by the board in the interests of justice and fairness. If granted, the hearing shall be continued by the Board to a specific date and time considering the reason for the continuance." He said the continuance can be requested, but it must be continued to a date certain per the code for a return. Vice Mayor Price asked the reason for the continuance. Attorney Costello said considering what has been discussed during the PD rezoning, the evidence presented, the arguments made, they would like an opportunity to go through the development agreement and make sure it is perfect. So, they would request that it get continued to the August 11, 2021, BOC Regular meeting. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to continue the development agreement for Schooner Project until August 11, 2021. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. The City Attorney said the development agreement will be considered at the 6:00 p.m., August 11, 2021, Board of Commissioners meeting at City Hall. It will not be re-advertised. July 14, 2021, BOC Regular Meeting Page 12 of 14 9. UNFINISHED BUSINESS 10. CONTRACTS/AGREEMENTS 11. NEW BUSINESS A. Decide to do an RFP for proposals to build and operate a high and dry facility at the Marina - Board of Commissioners Mayor Hendricks said he was not satisfied with the study done by Cardo and still has questions about it. He was surprised that they only asked one company for a price. He and the City Manager have spoken to other companies, and their project costs were much lower than Cardno. He would like Cardno to take another look at the feasibility study. They have discussed sending out an RFP for a public/private venture to see what responses they get and what it would cost them. Commissioner Andrews said they have already spent $50,000 on something they did not bear fruit from. He suggested moving it to the workshop to discuss it more in-depth, including a public/private partnership and the pros and cons, before sending it out for an RFP. Mayor Hendricks said they would be putting both Agenda Item A & B on a workshop meeting agenda. The Board consented to discuss both items at the July 28 workshop meeting. B. Decide to do an RFP for proposals to build and operate a restaurant at the Marina - Board of Commissioners The Board consented to discuss this item at the July 28 workshop meeting. C. Donation to Youth Baseball and Softball program - Commissioner Andrews This item was moved and discussed under Presentations. 12. STAFF REPORT A. City Manager's Report - June 2021. City Manager Robert Daniels reported on the City Manager's Report for June 2021 and responded to questions and comments by the Board. 13. AGENDA SETTING - July 28, 2021, BOC Regular Workshop Meeting. A. Employee Emergency Compensation Policy - Robert Daniels, City _Manager B. Bid out for engineering services or hire an employee engineer - Board of Commissioners C. Renewal of Law Enforcement Services Contract for FY 2022 - Robert Daniels, City Manager July 14, 2021, BOC Regular Meeting Page 13 of 14  D. Court of Honor - Robert Daniels, City Manager E. Activity Center Land Use C hange - Linda Portal, Community Development Director The items added to the workshop meeting agenda or futu re workshop meeting agenda: Commissioner Andrews • Discussion on residential impact fees - later workshop meeting agenda • Pesticides and fert ilizers - later workshop meeting agenda • Need fo r parking in the City and the need to increase parking rates 10 build a pa rking garage on City property - July 28 111 workshop meeting Public Works Director Megan Weple r gave an update on Reel T ide. 14. REPORTS/CORRESPONDENCE A. Board of Commissioners B. C ity Attorney C. C ity Manager D. City Clerk 15. ADJOURNMENT Mayor Hendricks adjo urned the meeting al I 0:23 p.m. ATTEST: ........ 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