Board of Commissioners Workshop Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR WORKSHOP MEETING MAY 25, 2022 6:00 P.M. The City of Madeira Beach Board of Commissioners held a regular workshop meeting at 6:00 p.m. on May 25, 2022, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Made ira Beach, Florida. MEMBERS PRESENT : Joh n B. Hendricks, Mayor Doug Andrews, Vice Mayor/Comm issioner District 3 Dav id Tagliarini , Commissioner District I Ray Kerr, Commissioner District 2 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 Attorney Robert Eschenfelder, Trask Daigneault, LLP 1. CALL TO ORDER Mayor H endricks called the meeting to order at 6 :00 p.m. 2. ROLLCALL City C lerk C lara VanBlargan cal led the roll. 3. PUBLIC COMMENT Chuck Dillon, 529 Lillian Drive, read the deed to Tom and Kitty Stuart Park and said he would like to see six parking stalls that had been given up for restrooms returned for resident parking. He would like this to be put on an agenda for further d iscussion. 4. TOPICS FOR DISCUSSION A. PROCLAMATION - National Safe Boating Week; May 21 - 27, 2022 C ity Clerk C lara VanB largan read a proclamatio n procla iming M ay 2 1 - 27, 2022, as "National Safe Boating Week." Representatives of the Madeira Beach Coast Guard Auxiliary acce pted the proclam atio n, commented on the programs they provide, and thanked the C ity for its suppo rt. B. PRESENTATION - Trash Turtles May 25, 2022, BOC Regular Workshop Meeting Page 1 of 10  epresentatives of the Trash Turtles spoke about their focus and mission. A $1,000.00 scholarship is available for high school seniors who have helped make the planet clean. C. Discuss Interim City Attorney - Board of Commissioners City Manager Robin Gomez said the Board can permanently appoint Mr. Trask and his firm or issue an RFP or RFQ. Commissioner Kerr said he asked this to be put on the agenda for discussion. He thought an RFP or RFQ should be issued in order for the Board to review Mr. Trask's and any other firm's submissions. Mayor Hendricks said he is quite satisfied with Mr. Trask, and he is comfortable with a vote to keep him as the permanent City Attorney. Commissioner Tagliarini said his feelings are based on the results of the survey he put out to his constituents. The majority of the people wanted an RFP issued, and he agreed. Commissioner Andrews thought it would be prudent of them to wait until the results of pending lawsuits against Mr. Trask and members of the Board before they send out an RFP. Commissioner Hutson said he would lean towards staying with Mr. Trask's firm but is ok with sending out an RFP. Mayor Hendricks asked Attorney Robert Eschenfelder how many cities Trask' s firm represents. Attorney Eschenfelder said the firm represents Tarpon Springs, Oldsmar, Redington Beach, North Redington Beach, Redington Shores, Indian Rocks Beach, and Kenneth City. They were just hired by Holmes Beach in Manatee County, and he is one of two finalists to become Village Attorney for the Village of Estero in Lee County. They have experience in multiple disciplines. Selecting an attorney is exempt in the procurement code, and they do not need to do an RFP. He wrote the procurement code for the City. Following discussion, the consensus of the Board was to bring it to the November 16th workshop for further discussion. Mayor Hendricks opened to public comment. Chuck Dillon, 529 Lillian Drive, did not understand why it was getting put off and the City still would not have a permanent attorney. Jerry Cantrell, 13322 1st Street East, said there were a lot of good discussions, but there were also a lot of confounding statements that had nothing to do with the subject. He said it does not make sense that they are not looking for something permanent. Shannon Sullivan, 13411 Boca Ciega Avenue, spoke in favor of an RFP. Commissioner Kerr asked if there was already an RFP created. The City Clerk said there is an RFP that the Board considered in 2020 that she and one of the Commissioners worked on that jMay 25, 2022, BOC Regular Workshop Meeting Page 2 of 10 was provided from another City. Some of the wording would need to be updated. The Board asked the City Clerk to send a copy to them. D. Proposed Charter Amendment - Sec. 2.2, Board of Commissioners created; qualifications; term of office; and vacancies, Subparagraph (B), Qualifications and Term of Office The City C lerk explained the proposed amendment to the C ity Charter was discussed by the Board at two meetings. The purpose of the amendment is to avoid a conflict that could arise when newly elected members of the Board of Commissioners are inducted into office and when their term shall begin. The Board is asked to decide on the changes and direct the City Attorney to make the changes to Ordinance 2022-15 for first reading at the June 8, 2022, BOC Regular Meeting. The ordinance places the proposed charter amendment on the November 8, 2022, General E lection Ballot for the qualified electors of the City of Madeira Beach to vote on. The proposed amendment to the C ity Charter stated in the staff memo: Proposed Amendment to City Charter, Section 2.2, Board of Commissioners created; qualifications; term of office; and vacancies, Subparagraph (B), Qualifications and Term of Office: (B) Qual(fication The Commi ssion members shall have been qualified electors and residents of the City of Madeira Beach, Florida, for one ( I) year immed iately prior to their qualifying for election, and in addition, each District-Comm issioner shall be a resident of said district in which the candidate seeks to be a candidate for a period of s ix (6) months prior to the date of said appl ication. The term of office for all District Comm issioners shall be for a period of two (2) yea rs. The Mayor may reside at the time of the election anywhere within the City of Madeira Beach, Florida; and the term of office for the Mayor shall be for a period of three (3) years. The terms of all members of the Commission, including the Mayor, wi ll begin upon induction into o nicc at the Board of Comm issioners first regular meeting following the election, and shall continue until their successor has been d uly elected and installed under th is Charter. All vacancies occurring in the Commission between elections shall be fi lled in accordance with Section 2.2(E) of this Charter. Mayor Hendricks said a special meeting could be held for swearing in the new Commissioners after the election results are certified. Commissioner Tagl iarini said the results of the survey he put out were unanimously in favor of it. Mayor Hendricks opened to public comment. There were no public comments. E. Proposed Charter Amendment - Section 2.2, Board of Commissioners created; Qualifications; Term of Office; and Vacancies, Subparagraph A, Board Created, to provide that the District Commissioners of Districts can only be voted upon by the Electors of the District in which they are seeking office May 25, 2022, BOC Regular Workshop Meeting Page 3 of 10 The City C lerk explained that the previous Board discussed the proposed amendment. T he Mayor asked that it be revisited. The purpose is to amend the C ity C harter, Section 2.2, to require each District Commissioner occupy ing a district to be elected by the qualified voters of the C ity of Madeira Beach, Florida, residing in that District Commissioner's district. The amendment would also require an amendment to City Chatter, Section 3.4, E . The Board is asked to discuss the amendment and, if the consensus is to move fo rward, d irect the C ity Attorney to prepare an ordinance for first reading at June 8, 2022, BOC Reg ular Meeting. T he ordinance places the proposed charter amendment on the November 8, 2022, General Election Ballot for the qualified electors of the C ity of Madeira Beach to vote on. The proposed amendments to the City C harter stated in the staff memo : Proposed Amendm ent to City Charter Section 2.2, Board of Comm issioners created; qualifications; term of office; and vacancies, Subparagraph A, Board created: A. Board Created. There shall be a Board of Commissioners with al l legislative powers of the C ity of Madeira Beach, Florida, vested therein, composed of Commission members occupying districts numbered one ( I ) through (4), and a Mayor. The Board or Comnfr,sioners. including Eac h D istrict Commi ssioner occupv ing a di stri ct shall be e lected o nlv bv the qua lifi ed voters. residing in the same district as the Co mmiss io ner. T he Mayor shall be elected at large by the qualified voters of the C ity of Madeira Beach, Florida. Proposed Amendment to City Charter Section 3.4, Manner of holding elections, Subparagraph E: E. At the election provided for in paragraph (A) a bove, the names of all candidates qualify ing as provided for in, Section 3.2 shall be placed upon the ballot in the respective districts in w hich said cand idates are qualified or for the office of Mayor if each candidate has qualified for such office. At said electio n such elector of the C ity may vote in each contest appearing upon such ba llot . that is to say. a voter may vote for one candidate for Mayor if such contest ap pears upon the ballot and for a Distr ict Comm iss ioner for each District Commissioner in each contest that appears upon the ball ot. for the district in which the e lector resides. Any candidate receiving the hig hest number of votes cast in a general or specia l election for an offi ce shall be e lected to the office. In case two or mo re candidates receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be e lected to the office. Commissio ners in favor of the proposed Charter Amendment: Mayor Hendricks Commissioners opposed to the proposed Charter Amendment: Commissioner Tagliarini Vice Mayor Andrews May 25, 2022, BOC Regular Workshop Meeting Page 4 of 10 Commissioner Hutson Commissioner Kerr Mayor Hendricks opened to public comment. Chuck Dillon, 529 Lillian Drive, said the voter turnout is very poor, and he is opposed to the proposed Charter amendment. Jerry Cantrell, 13322 1st Street East, pointed out it reads "Board Created" and not "Resident or Business Created." He asked where it came from. F. Ordinance 2022-06 Setbacks in C-1, C-3, and C-4 Zoning Districts Senior Planner Jenny Rowan said the commercially zoned areas in the City have setbacks that often create legally nonconforming structures and discourage pedestrian-friendly development. Legally nonconforming structures are those buildings constructed before the Code was adopted. The Planning Commission and staff recommend approval of Ordinance 2022-06. Ms. Rowan reviewed the staff memo: • C-1 Tourist Commercial District The C-1 Tourist Commercial District is the core of John's Pass Village. Many of the buildings create a Main Street quality focusing on pedestrian activity. Most Main Streets have no setbacks along the front and side yards to encourage pedestrian activity. Many existing buildings within John's Pass Village were built with shared walls and limited or no side setbacks, such as the buildings east of Village Blvd. Staff proposes reducing the rear yard setback from 25 feet to 20 feet to provide enough space for an 18-foot parking stall to be consistent with parking standards in Sec. 110-973, and to eliminate side yard setbacks to create a more pedestrian-friendly Main Street quality. The current setbacks could create dark, narrow areas between multistory commercial buildings that could be a safety concern and reduce the pedestrian-friendly nature of this district. • C-3 Retail Commercial District The C-3 Retail Commercial District encompasses most prope11ies along the east side of Gulf Boulevard. This area has both high vehicle and pedestrian activity. Primary uses in this district are retail commercial, multifamily, and temporary lodging. Reducing the front yard setback to 15 feet provides a more pedestrian-friendly atmosphere along Gulf Boulevard while providing adequate space between buildings and sidewalks in the right- of-way for landscaping and signage. For lots wider than 80 feet, multifamily and tourist dwellings are required to use 33% of the property width for side setbacks (Sec. 110-321 ). Staff recommends reducing the side yard setback to ten feet for multifamily and tourist dwellings, with no change proposed to the additional five feet required when abutting residential uses, Sec. 110-326(c). • C-4 Marine Commercial District The C-4 Marine Commercial District includes an area on the east side of 150th Avenue, south of Welch Causeway, and two areas along the east side of Gulf Boulevard. The May 25, 2022, BOC Regular Workshop Meeting Page 5 of 10  proposed changes to the side setbacks in the C-4 are identical to those in the C-3 above, except for the addition of five feet of landscaping abutting residential uses. Ms. Rowan and Linda Portal, Director of Community Development, responded to questions and comments by the Board. The consensus of the Board was to postpone it and come back with more detail and urban design. Mayor Hendricks opened to public comment. There were no public comments. G. Ordinance 2022-08 C-1 Zoning District Senior Planner Jenny Rowan said sections of Division 5, C-1 Tourist Commercial District, should be cleaned up for consistency. Ms. Rowan reviewed the staff memo: Sec. 110-256. Definition; purpose and intent. The Commercial General category is a reference to The City of Madeira Beach Comprehensive Plan and not the Countywide Plan. Sec. 110-257. Permitted uses. This amendment adds tourist dwelling units to the list of permitted uses. Throughout the C-1 Tourist Commercial Zoning District, the Code references tourist dwelling units and temporary lodging (e.g., Sec. 110-260(4), Sec. 110-263(3), and Sec. 110-265(f)). Staff believes the Code intended to allow tourist dwelling units but failed to include it in the list of permitted uses. Sec. 110-260 Minimum building site area requirements. This amendment is to be consistent with amendments in Sec.110-265 (see discussion of Sec.110-265 Special requirements). Sec. 110-262 Maximum building height. The Code measures height from the Base Flood Elevation plus freeboard (also known as Design Flood Elevation). Staff proposes to remove the reference of stories for clarification and consistency. Sec. 110-263 Maximum lot coverage. This amendment is to be consistent with amendments in Sec. I I 0-265 (see discussion of Sec. I I 0-265 Special requirements). Sec. 110-264 Impervious surface ratio (ISR). ISR is the ratio of impervious surface to an entire lot; if the JSR is 0. 70, the lot will have 70% impervious surface (i.e., concrete or a building) on the lot. The City of Madeira Beach Comprehensive Plan allows Commercial General to have an ISR of 0. 90, and many lots in John's Pass Village are closer to the 0.90 ISR than 0.70 ISR. See table below for references of other ISR's in the Code. May 25, 2022, BOC Regular Workshop Meeting Page 6 of 10  District Impervious Surface Ratio in the Code R-1, Single-Family Residential 0.65 R-2, Low-Density Multifamily Residential 0. 70 R-3, Medium Density Multifamily Residential 0.85 C-1, Tourist Commercial 0. 70 (proposed 0.85) C-2, John's Pass Marine Commercial 0.85 C-3, Retail Commercial 0. 70 for uses other than temporary lodging, 0.85 for temporary lodging C-4, Marine Commercial 0.85 Sec. 110-265 Special requirements. AMENDED (c) The proposed amendments remove the maximum width restrictions of a building and add a requirement that larger buildings ( 120 feet wide or more) would have to be designed in such a way to keep the Main Street feel of John's Pass Village. Many of the original lots in John's Pass Village were platted with a width of 40 feet. Most Main Streets have lots smaller than the average residential lot size (usually in increments of 25 to 40 feet wide), which creates a specific built environment with massing and alternating heights. The amended section provides for a continuation of this Main Street quality by requiring larger buildings to design in a way to create that multiple-building feel. REMOVED (d) This section should be removed to always account for the entire Floor Area Ratio and not exempt certain areas from being measured. NEW (e) Many mechanical units are already located on the top or shielded from the public right of way. It ensures that all new mechanical equipment is shielded or not visible from the right of way to ensure the district keeps its character. REMOVED (f) The County allows for higher densities through the Countywide Plan Rules. Madeira Beach does not qualify for this allowance, nor does Madeira Beach agree to allow higher densities. NEW (f) The amendment considers the new proposed side yard setbacks of "none." Buildings constructed on the property line would have to build the wall to meet Florida Building Code and firewall standards (i.e .. , party wall). Ms. Rowan and Linda Portal, Director of Community Development, responded to questions and comments by the Board. Mayor Hendricks said there is not a lot of green space in John's Pass Village, and they have cut it back from 100% to 85%, which is drastic. If it gets cut back to 70%, that is a tremendous amount of property. He wants to preserve the Village the way it is. Commissioner Kerr asked about the pavers sinking in John's Pass Village. Director Portal said that is a normal occurrence and usually occurs from stormwater or water main problems. The pervious pavers need to be engineered properly when being installed. Commissioner Kerr said he was in favor of the paver system. May 25, 2022, BOC Regular Workshop Meeting Page 7 of 10 The consensus of the Board was to bring it back for 2nd reading at .85 ISR. Mayor Hendricks opened to public comment. Chuck Dillon, 529 Lillian Drive, said Caddy's built a pervious paver parking lot in lieu of a detention area underneath. But, the land at Caddy's is higher than at John's Pass Village, so drainage would be an issue. H. Section 110-93 (3)(e) addition of residential R-3 structures Senior Planner Jenny Rowan said the Code of Ordinances currently states that owners of nonconforming residential structures in R-1 and R-2 Zoning districts that elevate their homes to current floodplain standards are exempt from the setbacks of their district, so long as the structure remains within the existing footprint. Ms. Rowan explained the following residential structures in other zoning districts stated in the staff memo that should be considered. R-3 Medium Density Multifamily Residential Sec 110-227 Permitted Uses (1) Single-family (2) Duplex (3) Triplex (4) Multifamily C-1 Tourist Commercial Sec 110-257 Permitted Uses (1) Dwelling units located on the second floor above first-floor commercial or office units within this district C-3 Retail Commercial Sec 110-317 Permitted Uses (3) Multifamily dwellings Sec 110-319 Special Exception Uses (8) Single-family or duplex C-4 Marine Commercial Sec 110-347 Permitted Uses (9) Dwelling units located on the second floor above first-floor commercial or office units within this district. Ms. Rowan responded to questions and comments by the Board. The consensus of the Board was to include R-3 and bring it back for discussion. Mayor Hendricks opened to public comment. There were no public comments. May 25, 2022, BOC Regular Workshop Meeting Page 8 ofl0  I. Discuss/Review Alcoholic Beverages Sales Commissioner Tagliarini said almost everyone he surveyed is in favor of increasing the amount of time for pre-packaged alcohol sales. Commissioner Kerr asked Mr. Eschenfelder if there were any state or county regulations. Mr. Eschenfelder said it would be the City's policy. The consensus of the Board was to amend section 6.2, ( 1) of the Code; change the hours of pre- packaged alcohol sales to 7:00 a.m. to 3:00 a.m. Mayor Hendricks opened to public comment. Shannon Sullivan, 13411 Boca Ciega Avenue, is in favor of the extended time. J. Discuss/Review Duke Energy Franchise Agreement City Manager Robin Gomez explained they reached an impasse in the agreement process with Duke Energy, specifically regarding the language in the City's lighting ordinance. The City is requesting Duke Energy to incorporate language so that they will comply with the City's lighting ordinance, but Duke Energy wanted the language to include a good faith effort to comply with Section 110 of the Code of Ordinances. He asked for direction from the Board on how to proceed. Commissioner Tagliarini asked what was the worst that could happen if they did not change the language to meet Duke Energy's request. Attorney Eschenfelder said Duke Energy would stop paying the franchise fee since the agreement had expired. Mayor Hendricks said this might be something to bring up at the BIG-C meeting. He asked City Manager Gomez to ask Representative Cheney to contact Duke Energy and try to resolve this without going any further with it. He suggested the City pay for the bulbs and have Duke Energy replace them as they did for the other street lights. The consensus of the Board was to purchase the bulbs and have Duke Energy install them. Mayor Hendricks opened to public comment. There were no public comments. K. Discuss/Review John's Pass Boardwalk & Village Consumption on Premise (Wet Zone) Designation City Manager Robin Gomez said the item is being revisited from the December 1, 2021 workshop meeting. They addressed the possibility of establishing a "wet zone" to allow for on-premises alcoholic beverages consumption at the John's Pass Boardwalk & Village area. This would require a simple ordinance change. Staff recommended not proceeding with this. He listed several reasons why they should not proceed. He responded to questions and comments from the Board. The consensus of the Board was not to proceed. Mayor Hendricks opened to public comment. There were no public comments. May 25, 2022, BOC Regular Workshop Meeting Page 9 oflO 'Commissioner Tagliarini asked to be excused from the June meeting and workshop. He will be studying abroad in Spain for the month of June. 5. ADJOURNMENT Mayor Hendricks adjourned the meeting at 8:22 p.m. ATTEST: lOW.,,.~~n .. - Clara VanBlargan, MMC, MSM, City Clerl6 :.... May 25 , 2022, BOC Regular Workshop Meeting Page 10 of 10