MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING

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1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on Tuesday, January 11, 2011, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Johnson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and a moment of silence. PRESENT: ABSENT: Mayor-Commissioner R.B. Johnson Vice Mayor-Commissioner Daniel J. Torres Commissioner Phil J. Hanna Commissioner Joanne Cookie Kennedy Commissioner Terry Hamilton Wollin City Manager Charles S. Coward City Clerk Deanne B. O Reilly Public Services Director Dean A. Scharmen City Attorney Kiefer. 1. PRESENTATIONS. None. 2. PUBLIC COMMENTS. R. Victor Wood, 510 Harbor Drive North, commended staff on the Curbside Recycling Program. He inquired what is the net cost to operate this program, where is the money coming from this year to pay for this program, and will solid waste fees go up next year to pay for this program. Don House, 2104 Beach Trail, stated about five years ago, the City started its review of the Comprehensive Plan which he was involved with from the near beginning. During the December 15, 2010 City Commission Work Session, the truth came out; the things were in the Comprehensive Plan and were there just as he stated. Therefore, he is demanding a public apology that is due to him. He stated this City Commission should, and must, step forward and correct this wrong and demonstrate that they are looking out for all citizens. He stated he will send to the City Clerk what he believes is fair in the way of the necessary apology. He hopes the City Commission heeds its duty. If it does, he will consider the matter permanently closed, and if it does not, he will pursue to the fullest intent of the law, every means available to protect his name. Page 1 of 16

2 th Bert Valery, Avenue, recommended floating docks versus fixed docks for the Keegan Clair Boat Dock Project. He stated even though floating docks cost more; they are more boater-friendly. 3. ORGANIZATIONAL REMARKS. Bert Valery, Action 2000, Inc. Member, stated Action 2000, Inc., would like to work with the City to install a shrub fence in the City right-of-way on the property located on Gulf rd th Boulevard between 23 and 25 Avenues. Action 2000, Inc. is also recommending that the chainlink fence fronting Gulf Boulevard be removed once the shrub fence is installed. 4A. REPORTS OF THE CITY ATTORNEY: None. 4B. REPORTS OF THE CITY MANAGER: CURBSIDE RECYCLING PROGRAM: Public Services Director Scharmen explained the City s new Curbside Recycling Program started on January 5, 2011, for most single-family homes and multi-family dwellings of ten units or less. The funding is derived from the current user fee with the intent to remove as many of the recyclable commodities from the waste stream to defer tipping fees when transported to the landfill, which is anticipated to defer double or triple the deferred amount of $30,000 this year, and which will enable maintaining the current user fee rate and pay for the service. At this time, the program costs the City $1.54 per month per household, which can change once the program is up and running; the annual cost for this program is approximately $42,000. GULF BOULEVARD UNDERGROUNDING - PROJECT OUTLINE: City Manager Coward reviewed the project outline for the Gulf Boulevard Underground Project, which included the following: (1) Overview of the project; (2) Location phasing; (3) Construction progression; and (4) Timing. FINANCIAL REPORT THROUGH NOVEMBER 30, 2010: City Manager Coward presented the Financial Report for the first two months of the fiscal year. ENTERTAINMENT PERMIT REGULATIONS: City Manager Coward reported the City has sent out letters to 18 bars and restaurants advising that the City has adopted new entertainment permit regulations. Business owners were asked to review their operation, and if they need a permit, to file an application by the end of January with the intent to have all permits issued by the end of February. 4C. REPORTS OF THE CITY COMMISSION: COMMISSIONER KENNEDY: Announced the Beach Art Center Monte Carlo Night on January 22, Page 2 of 16

3 Announced the Action 2000, Inc. Valentines Day Dinner/Dance on February 12, Inquired why the City s meetings are not included in the St. Petersburg Times. Suggested consideration of the IRB Ribfest, and during the event, acknowledge residents who serve the City. Reported that she has prepared a letter to the Barrier Islands Governmental Council (BIG-C) advising the membership of her interest for the seat on the combined Pinellas Planning Council and the Metropolitan Planning Organization. Stated her support of the Action 2000, Inc. discussion about the property located rd th on Gulf Boulevard between 23 and 25 Avenues and suggested that the City should be positive toward the project. COMMISSIONER WOLLIN: Reported that the Historical Museum Board has given approval to the latest conceptual drawing presented for their expansion. VICE MAYOR TORRES: Complimented the Public Services Department for the implementation of the Curbside Recycling Program. MAYOR JOHNSON: Thanked the Holiday Lighted Boat Parade volunteers for their participation. Announced that there will be a City Commission Work Session on January 25, 2011, from 5:30 to 6:30 p.m. to discuss the EAR Comprehensive Plan/Land Development Regulation amendments. 5. ADDITIONS/DELETIONS. None. 6. CONSENT AGENDA: A. RESOLUTION NO Approving the 2011 calendar of events. B. APPROVAL OF the December 14, 2010 Regular City Commission Meeting Minutes. C. APPROVAL OF the December 15, 2010 City Commission Work Session Minutes. City Clerk O Reilly read the Consent Agenda, consisting of Agenda Item Nos. 6A, 6B, and 6C, by title only. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 6A, 6B, AND 6C. MOTION CARRIED UNANIMOUSLY. Page 3 of 16

4 7A. RESOLUTION NO SECOND PUBLIC HEARING. Considering an amendment to the Planned Unit Development Agreement between the City and Indian Rocks Partners, LLC, for the development of a Planned Unit Development (PUD) known as Ocean Glen at Waterside, 601 Gulf Boulevard; providing for the utilization of escrowed funds to remove abandoned construction work and future site maintenance. [Official Publication Date: January 2, 2011.] BACKGROUND: When Resolution No and the First Amendment to the PUD Agreement are approved, it will allow City staff to use the developer s escrow funds to remove the partially built structures at the Ocean Glen PUD site (601 Gulf Boulevard), clean up the site, and maintain what will become an open field of Bahia grass. The City Commission approved this action at a first public hearing on December 11, 2010 and State law requires a second public hearing before an amendment to a development agreement can become effective. Pursuant to a legal notice published in the January 2, 2011-edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Resolution No City Clerk O Reilly read Resolution No by title only. City Manager Coward presented the Agenda Memorandum and explained that this resolution will provide for the utilization of escrow funds, that the City currently has from the developer, to remove the abandoned construction and return the property to a state that it can continue to exist until such time as development is to take place. He advised that the owner of the property has given consent to the budget presented and to go ahead with the work. He explained that upon adoption of the resolution, the City will be able to reimburse itself for $2,700 of costs already incurred for mowing and other repair charges. He stated it is anticipated that by the end of January, the existing partial structures can be demolished, the site re-graded and cleaned up, and then in the spring, plant grass. He noted that the owner remains responsible for the site and the funds are for maintenance funds probably for two to three years. City Manager Coward advised that staff recommends approval. Commissioner Hanna clarified with City Manager Coward that the perimeter wall will remain around the property. Vice Mayor Torres asked what is allowed to be developed on the site, with City Manager Coward explaining that the approved PUD is still active until the middle of 2011 after which time the developer would have to come back with a new plat or development plan for the property that is zoned RM-2. Page 4 of 16

5 Mayor Johnson opened the public hearing. th Eric Meyer, Avenue, inquired if there will be a requirement to rope off the property to prevent individuals from using the property as a parking lot or for a dumping place for garbage. City Manager Coward explained there are public roads and some people need those roads for access to their homes. However, there is funding for signage for no parking and so forth and that Code Enforcement would step in if the property becomes an eyesore. Seeing and/or hearing one else wishing to speak, Mayor Johnson closed the public hearing. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO , ON SECOND READING, APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE CITY AND INDIAN ROCKS PARTNERS, LLC, FOR THE DEVELOPMENT OF A PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS OCEAN GLEN AT WATERSIDE, 601 GULF BOULEVARD; PROVIDING FOR THE UTILIZATION OF ESCROWED FUNDS TO REMOVE ABANDONED CONSTRUCTION WORK AND FUTURE SITE MAINTENANCE. ROLL CALL VOTE: HANNA YES KENNEDY YES WOLLIN YES TORRES YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 8A. RESOLUTION NO Authorizing the donation of $1,000 to the Beach Art Center for services to senior citizens. BACKGROUND: The Beach Art Center has been an active civic asset in the Indian Rocks Beach and Pinellas County communities for many years. With this thought in mind, and the knowledge of the City s support for other similar civic assets such as the Historic Museum, Neighborly Senior Services, and the Beach Welcome Center, the City Commission chose to budget a limited donation for the Beach Art Center in FY ANALYSIS: The City received a letter requesting a grant from the City to support art programs for seniors. In that, the City has budgeted $1,000 for the Beach Art Center, such a donation would appear to be in order. In addition, staff believes the support of their local City government will be of significant assistance to the Beach Art Center as they seek additional financial support from Pinellas County and the National Endowment for the Arts. Page 5 of 16

6 City Clerk O Reilly read Resolution No by title only. City Manager Coward presented the Agenda Memorandum and explained the resolution providing for a $1,000 donation to the Beach Art Center. He advised that funds are available in the budget. David Shankweiler, Beach Art Center Executive Director, explained the request is to fund scholarships for senior citizens. Mayor Johnson opened the Agenda Item to public comments, seeing and /or hearing no one wishing to speak, the public comment session for this Agenda Item was closed. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO , AUTHORIZING THE DONATION OF $1,000 TO THE BEACH ART CENTER FOR SERVICES TO SENIOR CITIZENS. UNANIMOUS APPROVAL BY ACCLAMATION. 8B. RESOLUTION NO Approving a membership reapportionment plan for the Pinellas County Metropolitan Planning Organization. BACKGROUND: Staff is aware of recent efforts to integrate the Pinellas Planning Council (PPC) and the Pinellas County Metropolitan Planning Organization (MPO). Considerable progress has been made toward the achievement of this goal and the MPO is now asking that the Pinellas County cities show their approval of the associated MPO reapportionment plan by passing Resolution No ANALYSIS: This integration and the associated MPO reapportionment plan have a plus and minus effect for the beaches representation on this Board. In the past, the Gulf beach communities had two seats (north and south) on the PPC and no seats on the MPO. In the new configuration with a combined PPC/MPO Board, the beach communities will have one seat. The plus side of this arrangement is that the beaches will now have a say in MPO (transportation) issues where it had no say before; however, on the negative side, the beaches lose one of its two seats on PPC (planning) issues. Given the complexity of these issues and the population distribution factors, the general consensus is that this is a fair compromise. City Clerk O Reilly read Resolution No by title only. City Manager Coward presented the Agenda Memorandum and explained that, with the combined committee, the cities of Belleair, Belleair Shore, Belleair Beach, Indian Rocks Beach, Indian Shores, Madeira Beach, North Redington Beach, Redington Shores, St. Pete Beach, and Treasure Island would share a seat. As it is written now, that seat Page 6 of 16

7 would rotate on a two year basis, which has not been the way it has been in the past. Therefore, there might be more discussion on that issue, this has been done with other seats on those committees. He further explained that currently the beaches have two seats on the Pinellas Planning Council (PPC) and no seats on the Metropolitan Planning Organization (MPO), and under the revised plan, there will be one seat on the combined committee. The committees are requesting for all the cities to pass the resolution in order for them to send it to the State for approval of what they are calling the reapportionment plan. Commissioner Kennedy stated that she would like to serve on this new board. Mayor Johnson commented that discussions he has had have indicated that with this merger most of the PPC members will essentially go away, and it will be the current MPO that will still exist, and then they are adding these two members for the beach communities and the smaller mainland communities. The issue that did not succeed was for a certain amount of independence that the PPC had from Pinellas County and that will not be the case with the new merged board that will be under management of Pinellas County and that was disappointing to the smaller communities. He noted that there will be direct beach representation on the MPO. He stated that the issue of rotating a seat is how it works for Tarpon Springs, Safety Harbor, and Oldsmar currently for the MPO and for the Pinellas Suncoast Transit Authority (PSTA). He stated it can be a long time between when a city has a representative, and he is not sure that will go forward. He noted that the resolution does not address the issue of the rotation of seats. Mayor Johnson opened the Agenda Item to public comments, seeing and /or hearing no one wishing to speak, the public comment session for this Agenda Item was closed. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY VICE MAYOR TORRES, TO APPROVE RESOLUTION NO , APPROVING A MEMBERSHIP REAPPORTIONMENT PLAN FOR THE PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION. UNANIMOUS APPROVAL BY ACCLAMATION. 9A. ORDINANCE NO FIRST READING. By providing for rules and regulations for the Keegan Clair Boat Docks; by amending Chapter 38, Parks and Recreation; by adding Article V, Keegan Clair Boat Docks; by adding Section , Hours of operation; by adding Section , Rules and regulations; by adding Section , Penalties for violation of article. BACKGROUND: In 2010, the City Commission and staff worked diligently to meet all the requirements in order to construct a transient boat dock facility in the Intracoastal Waterway at Keegan Clair Park. To this end, the City has successfully obtained all five necessary permits from the City, County, State and Federal governments for this project. Page 7 of 16

8 In gaining the permit approvals from the State and Federal governments, a condition of their approval was that the City adopt, by ordinance, the proposed rules and regulations which staff drafted in July ANALYSIS: The proposed rules and regulations, which were drafted in July 2010, were a response to citizen feedback and comments which were received during the City and County permitting processes. These rules and regulations are standard in most ways, are easily and expectedly within the City s capability of providing, and will ensure the safe and orderly operation of this new facility. Inasmuch as the State and Federal permits require that these rules and regulations be adopted before construction begins, staff is asking the City Commission to accomplish this task immediately so staff can proceed with the construction bidding process at the earliest possible date. FINANCIAL IMPACT: There are no financial impacts to the City associated with these proposed rules and regulations. City Clerk O Reilly read Ordinance No by title only. City Manager Coward reported that an was received advising that the City is still in contention for the grant. He explained the three necessary steps to be taken: (1) The permits from the State and Federal government require adoption by ordinance rules and regulations prior to construction; (2) Design the upland improvements to the Keegan Clair Park; and (3) It is advised to meet with the kayakers to prepare design adjustments for the kayaks and paddle boarders. City Manager Coward reviewed the anticipated time frame for the construction of the docks. In reference to Mr. Valery s question regarding floating docks, he explained that might require adjustments to the permits, and they are also more expensive and the budget and grant application are based on fixed docks. He noted that possibly one or two docks could be floating. City Manager Coward also noted there is a shore stabilization issue to address that is also fully permitted and the issue of which project comes first has to be addressed. City Manager Coward presented the Agenda Memorandum and noted the only rule he has heard any comments about is about the hours of operation from 7:00 a.m. to 9:00 p.m., and his recommendation is to pass the rules as presented, and after the first year of use if necessary go back to the Florida Department of Environmental Protection to request an adjustment to the hours of operation. Commissioner Wollin expressed a safety concern with floating docks. Mayor Johnson opened the Agenda Item to public coments. Page 8 of 16

9 th Eric Meyer, Avenue, stated he likes the idea of floating docks. Seeing and/or hearing no one else wishing to speak, the public comment session for this Agenda Item was closed. MOTION MADE BY VICE MAYOR TORRES, SECONDED BY COMMISSIONER HANNA, TO APPROVE ORDINANCE NO , ON FIRST READING, BY PROVIDING FOR RULES AND REGULATIONS FOR THE KEEGAN CLAIR BOAT DOCKS; BY AMENDING CHAPTER 38, PARKS AND RECREATION; BY ADDING ARTICLE V, KEEGAN CLAIR BOAT DOCKS; BY ADDING SECTION , HOURS OF OPERATION; BY ADDING SECTION , RULES AND REGULATIONS; BY ADDING SECTION , PENALTIES FOR VIOLATION OF ARTICLE. ROLL CALL VOTE: HANNA KENNEDY WOLLIN TORRES JOHNSON THE MOTION CARRIED UNANIMOUSLY. 10A. DISCUSSION OF Sign Code Amendments. BACKGROUND: In 2002, the City Commission adopted sign code regulations that greatly reduced the height and size of signs in this community and included a seven-year amortization period [Sec (d)] for all signs to be brought into compliance. That seven year compliance period concluded in July 2009 and at that time, all signs except one had complied. The one holdout was cited for a sign code violation and ultimately the litigation and situation were resolved in the summer of ANALYSIS: Seven years after the 2002 adoption of these revised sign regulations, the City s entire enforcement team had changed (City Attorney, City Manager, City Planner, Building Official) except for the Code Enforcement Officer. The new team was charged with the task of ensuring compliance at the conclusion of the seven year compliance period, and with prosecuting any noncompliance issues which remained. This task has been successfully completed; however, during the course of this endeavor, the current staff ran across a few legal and enforcement issues that staff believes should be addressed by the City Commission. Once addressed and appropriate modifications made, staff believes that the IRB Sign Code will be easier to understand and enforce. City Manager Coward presented the Agenda Memorandum. He reviewed the proposed changes related to the legal and administrative problems identified by staff over the course of the past year in order to make the sign code enforceable in future years. Page 9 of 16

10 A. Section Basic signage, freestanding signs, and hanging signs allowances. There are significant ambiguities between the definitions and allowances for business establishments and business developments and the maximum square footage of a freestanding sign. The following amendments are being recommended by staff. (a) The basic signage allowance for each business establishment shall be based on the building frontage: Total building frontage Size per sign face 0 feet to 49.9 feet 16 square feet 50 feet to 99 feet 24 square feet Greater than 99 feet 32 square feet (b) Basic allowance may be used for any combination of wall, freestanding (limited to 24 square feet), projecting, handing, awning, mansard, and roof signs. with freestanding signs limited in size to 24 square feet per sign face. (c) Each business development, including one tenant developments, building may have one freestanding sign that conforms to the requirements. the following standards: (1) The sign is not greater than 24 square feet per sign face, with an aggregate face area of 48 square feet. (2) Maximum height of ten feet, excluding reasonable decorative filigree area. (3) A decorative filigree area would may be allowed in addition to the permitted 24 square feet. Not with an area not to exceed 15 percent of the area of the allowed sign face. (4) Changeable copy shall be allowed within the permitted 24 square feet. (5) A 5 foot setback from the property line is required. (6) The sign shall be located in a landscaped area of at least 20 square feet. (7) The sign shall meet the clear sight requirements. (d) A freestanding sign may be exchanged for additional square footage of other kinds of permitted signage, at the following rates: Total building frontage Other sign allowance 0 feet to 49.9 feet 16 square feet 50 feet to 99 feet 18 square feet Greater than 99 feet 20 square feet Page 10 of 16

11 (e) In addition to other submitted signage, each business establishment building may have up to six square feet of hanging signage which shall be used under a roof or canopy overhang and must provide a minimum eight foot clearance from grade, deck, or floor. CONSENSUS TO FORWARD STAFF S RECOMMENDED AMENDMENTS TO SECTION , BASIC FRONTAGE; FREESTANDING SIGNS AND HANGING SIGNS ALLOWANCES TO THE PLANNING AND ZONING BOARD AND TO THE LOCAL PLANNING AGENCY. B. Section (d). Nonconforming signs. As written, the seven year compliance period applies to all signs; however, the July 2009 compliance effort focused on the free-standing signs. Today, staff believes that more than 75% of existing businesses have nonconforming wall signs. Staff is currently treating these as any other legal nonconforming issue. The following amendment is being recommended by staff: (d) All nonconforming freestanding signs shall be replaced with conforming signs within seven years of the effective date of this section. City Manager Coward explained that this change remedies the technicality that, as the language exists, makes all wall signs and all other signs other than freestanding illegal and the amendment would make them legal as long as the business exists. Mayor Johnson recalled that seven years ago when the Sign Code was being established, there was the intent to establish the maximum, which is not the way it is working out; and it is a difficult situation because businesses have gotten used to having both freestanding signs and the signs on their building. He explained that a lot of time was spent on equations for all types of signs in the Planning and Zoning Board and the City Commission. Vice Mayor Torres commented that the issue is not to harm a business in the ability to promote their business and whether one sign is enough while still not having a proliferation of signs. Mayor Johnson expressed concern that an ordinance on the books should be enforced or establish legal nonconforming items to be grandfathered in. City Manager Coward explained that nonconforming status continues if a business changes ownership, but if the business ceases for six months or more, then the legal nonconforming status is lost. Page 11 of 16

12 Vice Mayor Torres stated his support for the remedy recommended by staff for businesses to have more than one sign. City Manager Coward explained that the way the ordinance has been enforced traditionally works well; however, it is not in compliance with the way it is currently written and the proposed changes would remedy that issue. Vice Mayor Torres clarified with City Manager Coward that virtually every business with a freestanding sign has maximized it to the 24 square feet. Vice Mayor Torres suggested in that case business owners were not aware or informed that the other signage on the building they might have had was included in that 24 square feet. Mayor Johnson agreed that possibly the message was not conveyed in the way it should have been. Commissioner Kennedy commented that having one small wall sign in addition to the freestanding sign is no big deal; however, to have more is an issue. Commissioner Hanna commented there is also the issue of temporary or permanent signs. Commissioner Kennedy stated her support for Code Enforcement to continue the traditional enforcement by making the changes. Mayor Johnson summarized the options: Immediately tackle the entire Sign Code. Establishing legal nonconforming status, which is stepping back and not really doing anything. Establishing legal nonconforming status now and coming back at a future date and working on the specific issues that are not good for the City. City Manager Coward explained this issue needs to be addressed more rapidly for enforcement purposes than the topics for the work session to be scheduled for other issues in the Sign Code. He noted that the topic of discussion tonight is housekeeping whereas the other issues to be discussed at a future work session are more volatile with varying opinions. Mayor Johnson expressed his opinion that one of the proposed issues is more than minor housekeeping; however, it could be temporarily resolved with establishing the legal nonconforming status. He does have a problem with temporarily changing City Codes in a short time frame and suggested addressing it again in a year. He noted that the issue has to be dealt with tonight in order for City Manager Coward to comply with the legal issues. Page 12 of 16

13 CONSENSUS TO FORWARD STAFF S RECOMMENDED AMENDMENTS TO SECTION (d) TO THE PLANNING AND ZONING BOARD AND TO THE LOCAL PLANNING AGENCY. C. Section (f). Nonconforming signs. [As it pertains to the Business District Triangle Overlay Zone Sec (e)(12)]. There appears to be a cross-reference disconnect between these two sections. Section (f) eliminates Section (e)(12) while Section (e)(12) refers everything back to Section (f). The following amendment is being recommended by staff: (f) Sign regulations apply to the entire city, except for properties in the Business District Triangle Overlay zone that do not front Gulf Boulevard, and properties located in the R/oS, P, P/SP zoning districts. City Manager Coward explained that there is a conflict here with Section (e)(12) and this proposed change would resolve that conflict. CONSENSUS TO FORWARD STAFF S RECOMMENDED AMENDMENTS TO SECTION (f) TO THE PLANNING AND ZONING BOARD AND TO THE LOCAL PLANNING AGENCY. D. Section Inspections. This section requires an annual inspection of all permanent signs within the City and includes the requisite enforcement. In and of itself, this is a significant task assignment to City staff to complete and document the effort on an annual basis. No other City regulation carries this staff burden so it raises the question: does the City Commission, in fact, want this requirement to be continued. Staff recommendation would be to delete this section in its entirety; however, staff has offered some modifying language as an alternate. The following amendments are being recommended by staff: The city inspector shall have the authority to inspect or cause to be inspected, all any permanent signs located within the city at least once a year, and upon such inspection shall require the owner of any sign found to be in defective condition, or which does not comply with the terms, conditions, and provisions of this chapter, to be repaired or removed with 30 days from the date of notice of such defect; provided; however, that if the city shall ascertain and determine that the maintenance of use of such sign shall adversely affect the public safety, he may require immediate removal at the owners expense or prohibit the use of such sign until such defects have been remedied. Page 13 of 16

14 City Manager Coward explained that as the City Code is written, it is a mandate for every sign in the City to be inspected, which carries a significant burden to City staff to complete, and if that was not the intention of the City Commission, then the recommendation is to eliminate the paragraph entirely or to amend the language as shown. CONSENSUS TO FORWARD STAFF S RECOMMENDED AMENDMENTS TO SECTION , INSPECTIONS, TO THE PLANNING AND ZONING BOARD AND TO THE LOCAL PLANNING AGENCY. E. Section Definitions. (Minor wordsmithing.) Staff is recommending the following amendments to Section 98-1, Definitions: Business development shall mean a development that consists of two or more business establishments on a sign property parcel lot. A business development can consist of more than one structure on the property parcel lot. Person shall mean any person, firm, partnership, association, corporation, company, or organization of any kind, and/or any manager, supervisor, or other person who is responsible for, or causes or allows to be caused, the erection of signage for a business. CONSENSUS TO FORWARD STAFF S RECOMMENDED AMENDMENTS TO SECTION 98-1 TO THE PLANNING AND ZONING BOARD AND TO THE LOCAL PLANNING AGENCY. F. Section Painted window signs or neon signs. (Minor wordsmithing.) Staff is recommending the following amendment to Section , Painted window signs or neon signs: Each main use and each accessory use in a business the B zoning district may have painted signs on windows or neon signs provided the painting or signs do not exceed 25 percent of the glass area being used. CONSENSUS TO FORWARD STAFF S RECOMMENDED AMENDMENTS TO SECTION TO THE PLANNING AND ZONING BOARD AND TO THE LOCAL PLANNING AGENCY. 10B. DISCUSSION OF City Manager Evaluation. BACKGROUND: The City Clerk and City Attorney were evaluated in the fall; however, the City Manager s evaluation was put off until January Page 14 of 16

15 City Commission Members are requested to complete the form and speak to the City Manager personally (if they so desire). Completed forms can be returned to the City Manager for public records retention and inclusion in the City Manager s personnel file. Mayor Johnson suggested consideration of increasing the vacation time from three weeks to four weeks; stating that would bring it more in line with city managers in surrounding cities. CONSENSUS TO PLACE ON THE JANUARY 25, 2011 CITY COMMISSION AGENDA AN AMENDMENT TO THE CITY MANAGER S CONTRACT BY PROVIDING FOR AN INCREASE IN HIS ANNUAL VACATION LEAVE FROM THREE WEEKS TO FOUR WEEKS. 10C. DISCUSSION OF the City of St. Petersburg s letter concerning safe harbor project. BACKGROUND: The City received a letter from the City of St. Petersburg concerning the Pinellas Safe Harbor Project. Staff is seeking direction from the City Commission on this topic. City Manager Coward presented the agenda item referencing the letter from the City of St. Petersburg concerning the Pinellas Safe Harbor Project. He commented that this is a countywide issue and suggested the City should make a contribution and advised that the other smaller cities are contributing $1,000 to $2,000. CONSENSUS TO PLACE ON THE JANUARY 25, 2011 CITY COMMISSION AGENDA THE CONSIDERATION OF DONATING $2,000 TO THE PINELLAS SAFE HARBOR PROJECT. 11. CITIZEN PARTICIPATION. None. 12. OTHER BUSINESS. The City Commission discussed the idea of having an IRB Ribfest, with Commissioner Hanna volunteering to obtain the necessary information from the Big Green Egg group for further discussion. Mayor Johnson stated a civic organization needs to sponsor the event with City staff having very limited responsibilities for the event. Page 15 of 16

16 13. ADJOURNMENT. MOTION MADE BY VICE MAYOR TORRES, SECONDED BY COMMISSIONER HANNA TO ADJOURN THE MEETING AT 9:40 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. February 8, 2011 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne B. O Reilly, MMC, City Clerk Page 16 of 16